USA Statutes : nevada
Title : Title 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
Chapter : CHAPTER 706 - MOTOR CARRIERS
As used in NRS 706.011 to 706.791 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 706.013 to 706.146
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1971, 687; A 1983, 538; 1985, 1843; 1987, 1757,
2255; 1989, 210, 1786, 1787; 1993, 2650; 1995, 1512, 2612; 1997, 1930,
2669; 1999, 492 , 1962 ; 2003, 3208 ; 2005, 942 , 1353 , 1930 )
“Advertise” means the commercial
use of any medium, including, but not limited to, the radio or
television, or a newspaper, magazine, directory, sign or other printed
matter, by a common or contract motor carrier to bring the services of
the carrier to the attention of members of the general public.
(Added to NRS by 1989, 210; A 1997, 1543)
“Ambulance” means a vehicle
designed and used primarily for the transportation of injured or sick
persons or dead bodies on stretchers, cots, beds or other devices for
carrying persons in a prone position.
(Added to NRS by 1971, 687)
“Authority” means the
Transportation Services Authority created pursuant to NRS 706.1511 .
(Added to NRS by 1997, 1923)
1. “Broker” means a person who is not a common motor carrier and
not a bona fide employee or agent of any such carrier, who or which, as
principal or agent, sells or offers for sale any transportation, or
negotiates for, or holds himself out or itself out by solicitation,
advertisement or otherwise as one who sells, provides, furnishes,
contracts or arranges for, such transportation.
2. “Services” and “transportation” to which subsection 1 applies
include all vehicles operated by, for, or in the interest of any motor
carrier irrespective of ownership or of contract, express or implied,
together with all facilities and property operated or controlled by any
such carrier or carriers and used in the transportation of passengers or
property in intrastate commerce or in the performance of any service in
connection therewith.
(Added to NRS by 1971, 687)
“City” means any unincorporated town
or any city incorporated under the provisions of chapter 266 of NRS or organized and existing under the
provisions of any special legislative act or special charter enacted or
granted pursuant to the provisions of Section 1 of Article 8 of the
Constitution of the State of Nevada.
(Added to NRS by 1971, 687)
“Commission” means the Public
Utilities Commission of Nevada.
(Added to NRS by 1971, 687; A 1997, 1930)
“Common motor
carrier” means any person or operator who holds himself out to the public
as willing to transport by vehicle from place to place, either upon fixed
route or on-call operations, passengers or property, including a common
motor carrier of passengers, a common motor carrier of property, and a
taxicab motor carrier.
(Added to NRS by 1971, 687; A 1979, 916)
“Common
motor carrier of passengers” means any person or operator, including a
taxicab motor carrier, who holds himself out to the public as willing to
transport by vehicle from place to place, either upon fixed route or
on-call operations, passengers or passengers and light express for all
who may choose to employ him.
(Added to NRS by 1971, 687; A 1979, 916)
“Common
motor carrier of property” means any person or operator, including a
motor convoy carrier, who holds himself out to the public as willing to
transport by motor vehicle from place to place, either upon fixed route
or on-call operations, the property of all who may choose to employ him.
(Added to NRS by 1971, 688; A 1979, 916)
“Contract motor
carrier” means any person or operator engaged in transportation by motor
vehicle of passengers or household goods for compensation pursuant to
continuing contracts with one person or a limited number of persons:
1. For the furnishing of transportation services through the
assignment of motor vehicles for a continuing period of time to the
exclusive use of each person served;
2. For the furnishing of transportation services designed to meet
the distinct need of each individual customer; and
3. Not operating as a common motor carrier of passengers or
property.
(Added to NRS by 1971, 688; A 1997, 2669)
“Converter gear
dolly” means a vehicle with a fifth wheel lower half or equivalent
mechanism, the attachment of which converts a semitrailer to a trailer.
(Added to NRS by 1971, 688)
“Declared gross
weight” means the maximum gross weight at which the vehicle or
combination of vehicles will be operated, except the term does not
include the weight of:
1. Another vehicle which is being carried or towed by a tow car;
2. Implements of husbandry;
3. A trailer or other towed vehicle which is not used for a
commercial enterprise;
4. Towable tools or equipment, as that term is defined in NRS
484.202 ; or
5. The load on a farm vehicle which has an unladen weight of
10,000 pounds or more.
(Added to NRS by 1985, 1843; A 1987, 145; 1991, 2354)
“Department” means the
Department of Motor Vehicles.
(Added to NRS by 1971, 688; A 1985, 2001; 2001, 2637 )
“Driveaway-towaway”
transportation means the driving of a motor vehicle in transit, singly
under its own power, or in lawful combination by the tow bar, saddle
mount or combinations thereof, or where a trailer or semitrailer in
transit is being towed or drawn, and in the process of delivery.
(Added to NRS by 1971, 688)
“Farm vehicle” means any
vehicle or combination of vehicles which is:
1. Controlled and operated by a farmer or rancher;
2. Used to transport his own livestock, agricultural products, or
ranch or farm machinery or supplies to or from a ranch or farm; and
3. Not used in the operation of a common or contract carrier.
(Added to NRS by 1971, 688; A 1991, 2354)
“Fully regulated
carrier” means a common carrier or contract carrier of passengers or
household goods who is required to obtain from the Authority a
certificate of public convenience and necessity or a contract carrier’s
permit and whose rates, routes and services are subject to regulation by
the Authority.
(Added to NRS by 1995, 2608; A 1997, 1930)
“Hazardous material”
has the meaning ascribed to it in NRS 459.7024 .
(Added to NRS by 1987, 1757; A 1993, 851)
“Hearse” means a vehicle designed
and used primarily for transporting dead bodies.
(Added to NRS by 1971, 688)
“Highway” means every street, road
or thoroughfare of any kind used by the public.
(Added to NRS by 1971, 688; A 1979, 816)
“Household goods” means
personal effects and property used or to be used in a dwelling which are
part of the equipment or supply of the dwelling and such other similar
property as the Authority may provide by regulation. The term does not
include property moving from a factory or store, except property that the
householder has purchased with the intent to use in his dwelling and that
is transported at the request of, and the transportation charges paid to
the carrier by, the householder.
(Added to NRS by 1995, 2608; A 1997, 1930)
“Motor convoy
carrier” means any person, whether engaged in any of the carrier services
defined in NRS 706.016 to 706.146
, inclusive, or otherwise, engaged in
the driveaway-towaway transportation of vehicles in transit, that is, in
process of delivery, over and upon the highways of this State, and
transported for compensation, or for the purpose of selling or offering
the same for sale or exchange or storage prior to sale, or delivery
subsequent to sale, or for subsequent use in the service, of any common,
contract or private carrier, or, when such person causes such services to
be rendered, or who furnished drivers for the movement of in transit
vehicles, or who furnishes in transit vehicles to drivers.
(Added to NRS by 1971, 688)
“Motor vehicle” means every
vehicle which is self-propelled, but not operated on rails, used upon a
highway for the purpose of transporting persons or property.
(Added to NRS by 1971, 689)
“Operator” means a person, other
than a lienholder, having a property interest in or title to a vehicle.
Except as otherwise provided in this section, the term includes a person
entitled to the use and possession of a vehicle under a lease or contract
for the purpose of transporting persons or property. The term does not
include a person who is the lessee of a taxicab pursuant to NRS 706.473
.
(Added to NRS by 1971, 689; A 1993, 2650)
1. “Private motor carrier of property” means any person or
operator engaged in the transportation by vehicle of property sold, or to
be sold, or used by him in furtherance of any private commercial
enterprise.
2. “Private motor carrier of property” shall not be construed as
permitting the carriage of any property whatsoever for compensation,
direct or indirect.
(Added to NRS by 1971, 689)
“Semitrailer” means every
vehicle so designed and used in conjunction with a motor vehicle that
some part of its own weight and that of its own load rests upon or is
carried by another vehicle.
(Added to NRS by 1971, 689)
1. “Special mobile equipment” means every vehicle not designed or
used primarily for the transportation of persons or property and only
incidentally operated or moved upon a highway, including but not limited
to scoopmobiles, forklifts, ditch-digging apparatus, well-boring
apparatus and road construction and maintenance machinery such as asphalt
graders, bituminous mixers, bucket loaders, tractors other than truck
tractors, leveling graders, finishing machines, motor graders, road
rollers, scarifiers, earth-moving carryalls and scrapers, power shovels
and draglines, and self-propelled cranes and earth-moving equipment.
2. “Special mobile equipment” does not include house trailers,
dump trucks, truck-mounted transit mixers, or other vehicles designed for
the transportation of persons or property to which machinery has been
attached.
(Added to NRS by 1971, 689)
“Taxicab” means a vehicle which is
not operated over a fixed route, is designed or constructed to
accommodate and transport not more than six passengers, including the
driver, and is:
1. Fitted with a taximeter or has some other device, method or
system to indicate and determine the passenger fare charged for the
distance traveled;
2. Used in the transportation of passengers or light express, or
both, for which a charge or fee is received; or
3. Operated in any service which is held out to the public as
being available for the transportation of passengers from place to place
in the State of Nevada.
(Added to NRS by 1989, 1783)
1. “Taxicab motor carrier” means any person who operates a taxicab.
2. “Taxicab motor carrier” does not include:
(a) Any employer operating a vehicle for the transportation of his
employees, whether or not the employees pay for the transportation.
(b) A person who is the lessee of a taxicab pursuant to NRS 706.473
.
(Added to NRS by 1971, 689; A 1979, 916, 1003; 1985, 318; 1989,
1786; 1993, 2650)
“Tilt bed” includes the bed of a
truck onto which a vehicle may be hoisted and secured for transport.
(Added to NRS by 1997, 2668)
“Tow car” means a vehicle which is
designed or modified and equipped for and is used exclusively in the
business of towing or transporting disabled vehicles by means of a crane,
hoist, tow bar, towline, tilt bed or dolly, or is otherwise exclusively
used to render assistance to disabled vehicles or to tow any vehicle
which is being impounded by any law enforcement agency, removed from any
unauthorized parking area or which is otherwise required to be
transported by tow car at the request of the owner of the vehicle or any
other authorized person.
(Added to NRS by 1971, 690; A 1973, 1245; 1997, 2670)
“Towing services” includes
the process of towing a vehicle, the storage of that vehicle, the storage
of items found in that vehicle and the process of preparing and
satisfying any liens against that vehicle to which the operator is
entitled.
(Added to NRS by 1997, 2668)
“Trailer” means every vehicle
designed to be drawn by a motor vehicle and so constructed that no part
of its weight rests upon the towing vehicle.
(Added to NRS by 1971, 690)
“Transportation of household goods” means the transportation by motor
vehicle of household goods between places within this State including:
1. The movement of household goods;
2. Any combination of packing, loading and unloading, incident to
the movement of household goods; and
3. Any movement of household goods accomplished through the use of
a rented or other vehicle not owned by the shipper which is driven by
someone associated with an entity that has a commercial or financial
interest in providing services related to the movement of household goods
which are being transported.
(Added to NRS by 1995, 2609)
“Unladen weight” of a
vehicle means the weight of a vehicle unloaded, but otherwise containing
and having in place at the time of weighing each and every accessory and
appliance belonging to and used on such vehicle in the transportation of
passengers and property and such other equipment as may be required by
law.
(Added to NRS by 1971, 690)
“Vehicle” means every device in,
upon or by which any person or property is or may be transported or drawn
upon a highway, except devices moved by human power or used exclusively
upon stationary rails. The term does not include electric personal
assistive mobility devices as defined in NRS 482.029 .
(Added to NRS by 1971, 690; A 2003, 1207 )
1. It is hereby declared to be the purpose and policy of the
Legislature in enacting this chapter:
(a) Except to the extent otherwise provided in NRS 706.881 to 706.885 ,
inclusive, to confer upon the Authority the power and to make it the duty
of the Authority to regulate fully regulated carriers, operators of tow
cars and brokers of regulated services to the extent provided in this
chapter and to confer upon the Department of Motor Vehicles the power to
license all motor carriers and to make it the duty of the Department of
Motor Vehicles and the Department of Public Safety to enforce the
provisions of this chapter and the regulations adopted by the Authority
pursuant to it, to relieve the undue burdens on the highways arising by
reason of the use of the highways by vehicles in a gainful occupation
thereon.
(b) To provide for reasonable compensation for the use of the
highways in gainful occupations, and enable the State of Nevada, by using
license fees, to provide for the proper construction, maintenance and
repair thereof, and thereby protect the safety and welfare of the
traveling and shipping public in their use of the highways.
(c) To provide for fair and impartial regulation, to promote safe,
adequate, economical and efficient service and to foster sound economic
conditions in motor transportation.
(d) To encourage the establishment and maintenance of reasonable
charges for:
(1) Intrastate transportation by fully regulated carriers;
and
(2) Towing services performed without the prior consent of
the owner of the vehicle or the person authorized by the owner to operate
the vehicle,
Ê without unjust discriminations against or undue preferences or
advantages being given to any motor carrier or applicant for a
certificate of public convenience and necessity.
(e) To discourage any practices which would tend to increase or
create competition that may be detrimental to the traveling and shipping
public or the motor carrier business within this State.
2. All of the provisions of this chapter must be administered and
enforced with a view to carrying out the declaration of policy contained
in this section.
(Added to NRS by 1971, 690; A 1981, 1019; 1983, 1222; 1995, 2612;
1997, 1930, 2670; 1999, 492 ; 2003, 1400 )
1. The Transportation Services Authority is hereby created.
2. The Authority consists of three members appointed by the
Governor. After the initial term each member shall serve a term of 4
years.
3. The Governor shall appoint to the Authority members who have at
least 2 years of experience in one or more of the following fields:
(a) Accounting.
(b) Business administration.
(c) Economics.
(d) Administrative law.
(e) Transportation.
(f) Professional engineering.
Ê At least one but not more than two of the members appointed must be
residents of Clark County.
4. Not more than two of the members may be:
(a) Members of the same political party.
(b) From the same field of experience.
5. All of the members must be persons who are independent of the
industries regulated by the Authority. No elected officer of this State
or any political subdivision is eligible for appointment.
6. The members of the Authority shall give their entire time to
the business of the Authority and shall not pursue any other business or
vocation or hold any other office of profit.
7. Each member of the Authority serves at the pleasure of the
Governor.
(Added to NRS by 1997, 1923)
1. The Governor shall designate one of the members of the
Authority to be Chairman. The Chairman is the Executive Officer of the
Authority and serves at the pleasure of the Governor.
2. The members of the Authority are in the unclassified service of
the State.
(Added to NRS by 1997, 1924)
The Authority may
sue and be sued in the name of the Transportation Services Authority.
(Added to NRS by 1997, 1924)
1. A majority of the members of the Authority may exercise all of
the power and conduct the business of the Authority relating to common or
contract carriers, taxicabs, and the warehousing of household goods as
provided in this chapter and chapter 712 of
NRS.
2. Except as otherwise provided in this subsection, public
hearings must be conducted by one or more members of the Authority. An
administrative proceeding conducted pursuant to subsection 2 of NRS
706.771 may be conducted by a hearing
officer designated by the Chairman of the Authority.
(Added to NRS by 1997, 1924)
1. Any common or contract carrier subject to the jurisdiction of
the Authority that elects to maintain its books and records outside the
State of Nevada shall, in addition to any other assessment and fees
provided for by law, be assessed by the Authority for an amount equal to
the travel expenses and the excess of the out-of-state subsistence
allowances over the in-state subsistence allowances, as fixed by NRS
281.160 , of members of the Authority
and staff, for investigations, inspections and audits required to be
performed outside this State.
2. The assessments provided for by this section must be determined
by the Authority upon the completion of each such investigation,
inspection, audit or appearance and are due within 30 days after receipt
by the affected common or contract carrier of the notice of assessment.
3. The records of the Authority relating to the additional costs
incurred by reason of the necessary additional travel must be open for
inspection by the affected common or contract carrier at any time within
the 30-day period.
(Added to NRS by 1997, 1924)
1. The Transportation Services Authority Regulatory Fund is hereby
created as a special revenue fund. All money collected by the Authority
pursuant to law must be deposited in the State Treasury for credit to the
Fund.
2. Money in the Fund may be used only to defray the costs of:
(a) Maintaining staff and equipment needed to regulate adequately
persons subject to the jurisdiction of the Authority.
(b) Participating in all proceedings relevant to the jurisdiction
of the Authority.
(c) Audits, inspections, investigations, publication of notices,
reports and retaining consultants connected with that maintenance and
participation.
(d) The salaries, travel expenses and subsistence allowances of the
members of the Authority.
3. All claims against the Fund must be paid as other claims
against the State are paid.
4. The Authority must furnish upon request a statement showing the
balance remaining in the Fund as of the close of the preceding fiscal
year.
(Added to NRS by 1997, 1924)
Employees of the Authority who are peace officers may carry
firearms in the performance of their duties.
(Added to NRS by 1997, 1925)
Except as otherwise provided in NRS 706.1725 , the Authority shall make and publish
biennial reports showing its proceedings. All biennial reports, records,
proceedings, papers and files of the Authority must be open at all
reasonable times to the public.
(Added to NRS by 1997, 1925)
1. All common and contract motor carriers and brokers are hereby
declared to be, to the extent provided in this chapter:
(a) Affected with a public interest; and
(b) Subject to NRS 706.011 to
706.791 , inclusive.
2. A purchaser or broker of transportation services which are
provided by a common motor carrier who holds a certificate of public
convenience and necessity may resell those services, in combination with
other services and facilities that are not related to transportation, but
only in a manner complying with the scope of authority set forth in the
certificate of the common motor carrier. The Authority shall not prohibit
or restrict such a purchaser or broker from reselling those
transportation services to any person based upon that person’s
affiliation, or lack of affiliation, with any group.
(Added to NRS by 1971, 690; A 1987, 2256; 1995, 2612; 1997, 1931,
2670; 1999, 492 )
The provisions of NRS 706.011 to 706.791 ,
inclusive, relating to brokers do not apply to any person whom the
Authority determines is:
1. A motor club which holds a valid certificate of authority
issued by the Commissioner of Insurance;
2. A bona fide charitable organization, such as a nonprofit
corporation or a society, organization or association for educational,
religious, scientific or charitable purposes; or
3. A broker of transportation services provided by an entity that
is exempt pursuant to NRS 706.745 from
the provisions of NRS 706.386 or
706.421 .
(Added to NRS by 1981, 1030; A 1997, 1932; 2005, 736 )
The provisions of NRS 706.011 to 706.861 ,
inclusive, do not apply to vehicles leased to or owned by:
1. The Federal Government or any instrumentality thereof.
2. Any state or a political subdivision thereof.
(Added to NRS by 1981, 1048; A 1987, 2256)
Administration and Enforcement
The Authority shall:
1. Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter,
supervise and regulate:
(a) Every fully regulated carrier and broker of regulated services
in this State in all matters directly related to those activities of the
motor carrier and broker actually necessary for the transportation of
persons or property, including the handling and storage of that property,
over and along the highways.
(b) Every operator of a tow car concerning the rates and charges
assessed for towing services performed without the prior consent of the
operator of the vehicle or the person authorized by the owner to operate
the vehicle and pursuant to the provisions of NRS 706.011 to 706.791 ,
inclusive.
2. Supervise and regulate the storage of household goods and
effects in warehouses and the operation and maintenance of such
warehouses in accordance with the provisions of this chapter and chapter
712 of NRS.
3. Enforce the standards of safety applicable to the employees,
equipment, facilities and operations of those common and contract
carriers subject to the Authority or the Department by:
(a) Providing training in safety;
(b) Reviewing and observing the programs or inspections of the
carrier relating to safety; and
(c) Conducting inspections relating to safety at the operating
terminals of the carrier.
4. To carry out the policies expressed in NRS 706.151 , adopt regulations providing for agreements
between two or more fully regulated carriers or two or more operators of
tow cars relating to:
(a) Fares of fully regulated carriers;
(b) All rates of fully regulated carriers and rates of operators of
tow cars for towing services performed without the prior consent of the
owner of the vehicle or the person authorized by the owner to operate the
vehicle;
(c) Classifications;
(d) Divisions;
(e) Allowances; and
(f) All charges of fully regulated carriers and charges of
operators of tow cars for towing services performed without the prior
consent of the owner of the vehicle or the person authorized by the owner
to operate the vehicle, including charges between carriers and
compensation paid or received for the use of facilities and equipment.
Ê These regulations may not provide for collective agreements which
restrain any party from taking free and independent action.
5. Review decisions of the Taxicab Authority appealed to the
Authority pursuant to NRS 706.8819 .
(Added to NRS by 1971, 691; A 1975, 1161; 1983, 1223; 1987, 2256;
1995, 2613; 1997, 1932, 2671; 1999, 492 )
1. Each fully regulated carrier, operator of a tow car and common
or contract carrier regulated by the Authority shall:
(a) Keep uniform and detailed accounts of all business transacted
in the manner required by the Authority by regulation and render them to
the Authority upon its request.
(b) Furnish an annual report to the Authority in the form and
detail that it prescribes by regulation.
Ê The regulations of the Authority may not require an operator of a tow
car to keep accounts and report information concerning towing services
other than information that is necessary to permit the Authority to
enforce the provisions of NRS 706.011
to 706.791 , inclusive.
2. Except as otherwise provided in subsection 3, the reports
required by this section must be prepared for each calendar year and
submitted not later than May 15 of the year following the year for which
the report is submitted.
3. A carrier may, with the permission of the Authority, prepare
the reports required by this section for a year other than a calendar
year that the Authority specifies and submit them not later than a date
specified by the Authority in each year.
4. If the Authority finds that necessary information is not
contained in a report submitted pursuant to this section, it may call for
the omitted information at any time.
(Added to NRS by 1997, 1925; A 1999, 492 )
Every annual report, record or statement required
by law to be made to the Authority must be submitted under oath by the
proper officer, agent or person responsible for submitting the report,
record or statement.
(Added to NRS by 1997, 1925)
The authority of the Transportation Services
Authority to supervise and regulate motor carriers and brokers
respectively, to the extent provided in this chapter, must be exercised
separately. A motor carrier is responsible only for his own acts and
those of his employees or agents who are not brokers. A broker is
responsible only for his own acts and those of his employees or agents
who are not motor carriers.
(Added to NRS by 1987, 2255; A 1995, 2613; 1997, 1932)
1. The Department of Motor Vehicles and the Department of Public
Safety shall regulate the activities of common and contract carriers of
property other than fully regulated carriers and operators of tow cars.
2. The Department of Motor Vehicles shall regulate the licensing
of private motor carriers of property used for private commercial
enterprises on any highway in this State.
(Added to NRS by 1995, 2609; A 1997, 2672; 2003, 1401 )
1. The Authority, the Department of Motor Vehicles and the
Department of Public Safety may:
(a) Make necessary and reasonable regulations governing the
administration and enforcement of the provisions of this chapter for
which they are each responsible.
(b) Adopt by reference any appropriate rule or regulation, as it
exists at the time of adoption, issued by the United States Department of
Transportation, the Surface Transportation Board, any other agency of the
Federal Government or the National Association of Regulatory Utility
Commissioners.
(c) Require such reports and the maintenance of such records as
they determine to be necessary for the administration and enforcement of
this chapter.
(d) Except as otherwise provided in this section, examine, at any
time during the business hours of the day, the books, papers and records
of any fully regulated carrier, and of any other common, contract or
private motor carrier doing business in this State to the extent
necessary for their respective duties. The Authority, the Department of
Motor Vehicles and the Department of Public Safety may examine in other
states or require by subpoena the production inside this State of such
books, papers and records as are not maintained in this State.
(e) Temporarily waive any requirement for a certificate or permit
when an emergency exists as defined in NRS 706.561 .
2. No personnel records of an employee of a fully regulated
carrier, or of any other common, contract or private motor carrier may be
examined pursuant to paragraph (d) of subsection 1 unless the records
contain information relating to a matter of public safety or the
Authority, the Department of Motor Vehicles and the Department of Public
Safety determine that the examination is required to protect the
interests of the public.
3. The Department of Motor Vehicles may adopt regulations to
ensure the payment of any fee due or authorized pursuant to the
provisions of this chapter.
4. As used in this section, “personnel records” does not include:
(a) The name of the employee who is the subject of the record;
(b) The gross compensation and perquisites of the employee;
(c) Any record of the business expenses of the employee;
(d) The title or any description of the position held by the
employee;
(e) The qualifications required for the position held by the
employee;
(f) The business address of the employee;
(g) The telephone number of the employee at his place of business;
(h) The work schedule of the employee;
(i) The date on which the employee began his employment; and
(j) If applicable, the date on which the employment of the employee
was terminated.
(Added to NRS by 1971, 691; A 1979, 191; 1981, 1020; 1995, 387,
2613, 2620; 1997, 1632, 1933; 2003, 1401 )
1. The Attorney General shall:
(a) Act as counsel and attorney for the Authority in all actions,
proceedings and hearings.
(b) Prosecute in the name of the Transportation Services Authority
all civil actions for the enforcement of this chapter and for the
recovery of any penalty or forfeiture provided for therein.
(c) Generally aid the Authority in the performance of its duties
and the enforcement of this chapter.
2. The Attorney General or any district attorney may prosecute any
violation of this chapter or chapter 712 of
NRS for which a criminal penalty is provided.
(Added to NRS by 1997, 1927)
The Authority may, in carrying out its duties:
1. Cooperate with the Federal Government and its departments and
agencies.
2. Confer with the regulatory agencies of other states on matters
of mutual concern and benefit to persons served by motor carriers of this
State.
3. Use the services, records, facilities and cooperation of
federal and state regulatory agencies, and hold joint hearings and
participate in joint conferences to reach decisions in matters that
require cooperation. All necessary expenses incurred in attending
hearings and conferences outside this State are a charge against the
State and must be paid as other claims against the State are paid.
(Added to NRS by 1997, 1927; A 2003, 630 )
1. Except as otherwise provided in subsection 2, any member of the
Authority or any officer or employee of the Authority who is designated
by the Authority may examine during the regular business hours the books,
accounts, records, minutes, papers and property of any person who is
regulated by the Authority and who does business in this State, whether
or not the book, account, record, minutes, paper or property is located
within this State.
2. No personnel records of an employee may be examined pursuant to
subsection 1 unless the records contain information relating to a matter
of public safety or the Authority determines that the examination is
required to protect the interests of the public.
3. As used in this section, “personnel records” does not include:
(a) The name of the employee who is the subject of the record;
(b) The gross compensation and perquisites of the employee;
(c) Any record of the business expenses of the employee;
(d) The title or any description of the position held by the
employee;
(e) The qualifications required for the position held by the
employee;
(f) The business address of the employee;
(g) The telephone number of the employee at his place of business;
(h) The work schedule of the employee;
(i) The date on which the employee began his employment; and
(j) If applicable, the date on which the employment of the employee
was terminated.
(Added to NRS by 1997, 1925)
1. Any books, accounts, records, minutes, papers and property of
any carrier that are subject to examination pursuant to NRS 706.1518
and 706.172 , and are made available to the Authority, any
officer or employee of the Authority, or any other person under the
condition that the disclosure of such information to the public be
withheld or otherwise limited, must not be disclosed to the public unless
the Authority first determines that the disclosure is justified.
2. The Authority shall take such actions as are necessary to
protect the confidentiality of such information, including, without
limitation:
(a) Granting such protective orders as it deems necessary; and
(b) Holding closed hearings to receive or examine such information.
3. If the Authority closes a hearing to receive or examine such
information, it shall:
(a) Restrict access to the records and transcripts of such hearings
without the prior approval of the Authority or an order of a court of
competent jurisdiction authorizing access to the records or transcripts;
and
(b) Prohibit any participant at such a hearing from disclosing such
information without the prior authorization of the Authority.
4. The Authority shall consider in an open meeting whether the
information reviewed or examined in a closed hearing may be disclosed
without revealing the confidential subject matter of the information. To
the extent the Authority determines the information may be disclosed, the
information must become a part of the records available to the public.
Information that the Authority determines may not be disclosed must be
kept under seal.
(Added to NRS by 1997, 1926)
1. The Authority, the Department of Motor Vehicles or the
Department of Public Safety may, by regulation applicable to common,
contract and private motor carriers of passengers and property, adopt
standards for safety for drivers and vehicles.
2. The Department of Motor Vehicles or the Department of Public
Safety may, by regulation applicable to all motor vehicles transporting
hazardous materials, adopt standards for the transportation of hazardous
materials and hazardous waste as defined in NRS 459.430 .
(Added to NRS by 1985, 870; A 1987, 1758; 1997, 1934; 2003, 1402
)
The Authority
may:
1. Appoint a Deputy who serves in the unclassified service of the
State.
2. Employ such other personnel as may be necessary.
(Added to NRS by 1971, 691; A 1997, 1934)
The
Department shall license every common, contract and private motor carrier
required to be licensed by this chapter.
(Added to NRS by 1971, 691)
1. The Department may require such reports and the maintenance of
such books, papers and records as it determines necessary for the
administration and enforcement of this chapter and NRS 484.739 .
2. Any person whose vehicles are registered with the Department
pursuant to NRS 706.801 to 706.861
, inclusive, shall maintain the books,
papers and records required to be maintained by the Department pursuant
to subsection 1 for the 36 months following the year for which the
vehicles are registered. The books, papers and records must be made
available for inspection by the Department during normal business hours.
(Added to NRS by 1971, 692; A 1973, 700; 1979, 1076; 1987, 968,
1317, 1319; 1995, 314)
1. The Authority may collect fees for the filing of any official
document required by this chapter or by a regulation of the Authority.
2. Filing fees may not exceed:
(a) For applications, $200.
(b) For petitions seeking affirmative relief, $200.
(c) For each tariff page that requires public notice and is not
attached to an application, $10. If more than one page is filed at one
time, the total fee may not exceed the cost of notice and publication.
(d) For all other documents that require public notice, $10.
3. If an application or other document is rejected by the
Authority because it is inadequate or inappropriate, the filing fee must
be returned.
4. The Authority may not charge any fee for filing a complaint.
(Added to NRS by 1997, 1926)
To the extent that such
costs cannot be paid for from the Transportation Services Authority
Regulatory Fund, the costs of administration of this chapter must be paid
from the State Highway Fund on claims presented by the Authority or
Department, approved by the State Board of Examiners.
(Added to NRS by 1971, 692; A 1973, 1838; 1997, 1934)
All money
collected by the Department under the provisions of NRS 706.011 to 706.861 ,
inclusive, must be deposited in the State Treasury for credit to the
Motor Vehicle Fund. Except as otherwise provided in this chapter and NRS
482.180 and 482.181 , all money collected under the provisions of
NRS 706.011 to 706.861 , inclusive, must be used for the construction,
maintenance and repair of the public highways of this State.
(Added to NRS by 1971, 692; A 1973, 1838; 1975, 213; 1979, 149;
2001 Special Session, 155 )
Regulation of Motor Carriers Generally
011 to
706.791 , inclusive, not construed as
law for registration of motor vehicles. NRS 706.011 to 706.791 ,
inclusive, are not to be construed as a motor vehicle registration law,
but the license fees provided therein are in addition to the motor
vehicle registration fees required under the laws of this State.
(Added to NRS by 1971, 692; A 1989, 1786)
No common, contract or private
motor carrier may operate on any highway nor any broker of regulated
services engage in business in this State except in accordance with the
provisions of this chapter.
(Added to NRS by 1971, 693; A 1995, 2614)
Sheriffs and all other peace officers and traffic officers of this State
are charged with the duty, without further compensation, of assisting in
the enforcement of this chapter. They shall make arrests for this purpose
when requested by an authorized agent of the Department of Motor
Vehicles, the Department of Public Safety, the Authority or other
competent authority.
(Added to NRS by 1971, 693; A 1997, 1934; 2003, 1402 )
1. Whenever a peace officer detains the driver of a heavy-duty
motor vehicle for a violation of any provision of this chapter or any
other specific statute or regulation relating to the equipment, lights,
brakes, tires, mechanisms or safety appliances required of such a
vehicle, the peace officer shall, in lieu of arresting the driver,
prepare manually or electronically and issue a citation, a notice of
correction, or both. If a notice of correction is issued, it must set
forth the violation with particularity and specify the corrective action
which must be taken.
2. If, at the time of the issuance of a citation or a notice of
correction, the peace officer determines that the vehicle is unsafe and
poses an immediate threat to the life of the driver or any other person
upon a public highway, the peace officer may require that the vehicle be
taken to the nearest garage or other place where the vehicle may be
safely repaired. If the vehicle is transporting wet concrete or other
perishable cargo and does not pose an immediate threat to life, and if
the destination of the vehicle is within a distance of not more than 15
miles, the peace officer shall not delay the vehicle for more than 15
minutes and shall permit the vehicle to proceed to its destination and
unload its cargo. Upon the arrival of the vehicle at its destination, the
peace officer may order that the vehicle be taken, after the cargo of the
vehicle has been unloaded, to the nearest garage or other place where the
vehicle may be safely repaired.
3. As used in this section:
(a) “Heavy-duty motor vehicle” means a motor vehicle which:
(1) Has a manufacturer’s gross vehicle weight rating of
10,000 pounds or more; and
(2) Is owned or leased by or otherwise used in the regular
course of the business of a common, contract or private motor carrier.
(b) “Peace officer” means:
(1) A peace officer or an inspector of the Department of
Motor Vehicles or Department of Public Safety; or
(2) A sheriff, peace officer or traffic officer assisting in
the enforcement of the provisions of this chapter.
(Added to NRS by 1993, 2747; A 1999, 1149 ; 2003, 1402 )
Except as
otherwise provided in NRS 706.235 :
1. A common or contract motor carrier shall not permit or require
a driver to drive or tow any vehicle revealed by inspection or operation
to be in such condition that its operation would be hazardous or likely
to result in a breakdown of the vehicle, and a driver shall not drive or
tow any vehicle which by reason of its mechanical condition is so
imminently hazardous to operate as to be likely to cause an accident or a
breakdown of the vehicle. If, while any vehicle is being operated on a
highway, it is discovered to be in such an unsafe condition, it may be
continued in operation, except as further limited by subsection 2, only
to the nearest place where repairs can safely be effected, and even that
operation may be conducted only if it is less hazardous to the public
than permitting the vehicle to remain on the highway.
2. A common or contract motor carrier or private motor carrier
shall not permit or require a driver to drive or tow, and a driver shall
not drive or tow, any vehicle which:
(a) By reason of its mechanical condition is so imminently
hazardous to operate as to be likely to cause an accident or a breakdown;
and
(b) Has been declared “out of service” by an authorized employee of
the Authority, the Department of Motor Vehicles or the Department of
Public Safety.
Ê When the repairs have been made, the carrier shall so certify to the
Authority or the department that declared the vehicle “out of service,”
as required by the Authority or that department.
(Added to NRS by 1971, 693; A 1981, 1020; 1985, 870; 1993, 2748;
1997, 1934; 2003, 1403 )
1. Every person operating a vehicle used by any motor carrier
under the jurisdiction of the Authority shall forthwith report each
accident occurring on the public highway, wherein the vehicle may have
injured the person or property of some person other than the person or
property carried by the vehicle, to the sheriff or other peace officer of
the county where the accident occurred. If the accident immediately or
proximately causes death, the person in charge of the vehicle, or any
officer investigating the accident, shall furnish to the Authority such
detailed report thereof as required by the Authority.
2. All accident reports required in this section must be filed in
the office of the Authority and there preserved. An accident report made
as required by this chapter, or any report of the Authority made pursuant
to any accident investigation made by it, is not open to public
inspection and must not be disclosed to any person, except upon order of
the Authority. The reports must not be admitted as evidence or used for
any purpose in any action for damages growing out of any matter mentioned
in the accident report or report of any such investigation.
(Added to NRS by 1971, 694; A 1979, 1750; 1987, 736; 1997, 1935)
The Authority may, in the interest of safety
or service, after hearing:
1. Determine and order repairs of facilities of common and
contract motor carriers; and
2. Order the use of safety appliances by such carriers in the
interest of the public and employees.
(Added to NRS by 1971, 694; A 1997, 1935)
It is unlawful for any common, contract or
private motor carrier to operate as a motor carrier of intrastate
commerce within this State without having furnished the Authority the
following:
1. Where a person does not hold a certificate of public
convenience and necessity or a permit to operate as a common or contract
motor carrier in the State of Nevada, an affidavit certifying that the
person intends to operate as a private carrier.
2. Such other information as the Authority may request.
(Added to NRS by 1971, 694; A 1981, 1048; 1983, 96; 1987, 1355;
1997, 1935)
No vehicle shall be licensed
or permitted to operate on the highways of this State under the
provisions of this chapter when such vehicle exceeds the size, height,
weight or load limit weight provided by the laws of this State.
(Added to NRS by 1971, 695; A 1973, 700)
1. The provisions of chapter 582 of
NRS are hereby made applicable to this chapter.
2. All vehicles required to be weighed under the provisions of
this chapter shall be weighed by a public weighmaster under such rules
and regulations as may be deemed advisable by the Department and the
State Sealer of Weights and Measures, and according to the provisions of
chapter 582 of NRS, except as otherwise
provided herein.
3. The Department shall be allowed to collect a fee, not to exceed
$1, for each vehicle weighed by the Department.
4. The State Sealer of Weights and Measures from time to time,
upon request of the Department, shall appoint additional public
weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the
purposes of this chapter.
5. Public weighmasters’ certificates issued in states other than
Nevada, when such certificates bear the seal of such weighmaster, may be
accepted by the Department as evidence of the weight of the vehicle for
which a license is applied.
(Added to NRS by 1971, 695; A 1973, 444)
1. In addition to any identifying device provided for in this
chapter, each motor vehicle within the provisions of NRS 706.011 to 706.791 ,
inclusive, must have the name of the person or operator operating the
vehicle prominently and conspicuously displayed on both sides of the
vehicle in such location, size and style as may be specified by the
Authority. The display shall not be deemed advertising for the purposes
of NRS 706.285 unless additional
information about the operator is included.
2. This section does not apply to motor vehicles:
(a) Weighing 10,000 pounds or less operated by private carriers and
not operated in combination with any other vehicle.
(b) Operated by an employer for the transportation of his
employees, whether or not the employees pay for the transportation.
(Added to NRS by 1971, 695; A 1979, 1004; 1989, 210; 1997, 1935)
1. Each fully regulated carrier that advertises its services shall
provide to the person who broadcasts, publishes, displays or distributes
that advertisement the name, street address and telephone number of the
natural person who requested the advertisement on behalf of the fully
regulated carrier.
2. A person who broadcasts, publishes, displays or distributes the
advertisement of a fully regulated carrier shall, within 3 days after he
receives a written request from the Authority, provide to the Authority
the name, street address and telephone number of the natural person who
requested the advertisement if such information is readily available.
(Added to NRS by 1997, 1542)
All advertising by:
1. A fully regulated carrier of intrastate commerce; and
2. An operator of a tow car,
Ê must include the number of the certificate of public convenience and
necessity or contract carrier’s permit issued to him by the Authority.
(Added to NRS by 1989, 210; A 1995, 2614; 1997, 1936, 2672; 1999,
492 )
1. If the Authority finds, after notice and hearing, that a person
has violated NRS 706.285 , the Authority
may, in addition to any penalty, punishment or disciplinary action
authorized by this chapter, petition a court of competent jurisdiction
for an injunction prohibiting the person from continuing to:
(a) Engage in advertising that violates the provisions of NRS
706.285 ; or
(b) Use any telephone number mentioned in such advertising for any
purpose.
2. If the court finds that the respondent has engaged in
advertising that is unlawful pursuant to NRS 706.285 , the court shall:
(a) Enjoin him from continuing the advertising.
(b) Enjoin him from using the telephone number mentioned in the
advertising for any purpose.
(c) Issue an order that requires the telephone number mentioned in
the advertising to be disconnected.
(d) Forward a copy of the order to the appropriate provider of
telephone service within 5 days after issuing the order.
3. As used in this section, “provider of telephone service”
includes, but is not limited to:
(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to a telephone that is
installed in a vehicle or is otherwise portable.
(Added to NRS by 1997, 1543)
1. When a complaint is made against any fully regulated carrier or
operator of a tow car by any person, that:
(a) Any of the rates, tolls, charges or schedules, or any joint
rate or rates assessed by any fully regulated carrier or by any operator
of a tow car for towing services performed without the prior consent of
the owner of the vehicle or the person authorized by the owner to operate
the vehicle are in any respect unreasonable or unjustly discriminatory;
(b) Any of the provisions of NRS 706.445 to 706.453 ,
inclusive, have been violated;
(c) Any regulation, measurement, practice or act directly relating
to the transportation of persons or property, including the handling and
storage of that property, is, in any respect, unreasonable, insufficient
or unjustly discriminatory; or
(d) Any service is inadequate,
Ê the Authority shall investigate the complaint. After receiving the
complaint, the Authority shall give a copy of it to the carrier or
operator of a tow car against whom the complaint is made. Within a
reasonable time thereafter, the carrier or operator of a tow car shall
provide the Authority with its written response to the complaint
according to the regulations of the Authority.
2. If the Authority determines that probable cause exists for the
complaint, it shall order a hearing thereof, give notice of the hearing
and conduct the hearing as it would any other hearing.
3. No order affecting a rate, toll, charge, schedule, regulation,
measurement, practice or act complained of may be entered without a
formal hearing unless the hearing is dispensed with as provided in NRS
706.2865 .
(Added to NRS by 1997, 1927; A 1999, 492 )
1. When, in any matter pending before the Authority, a hearing is
required by law, or is normally required by the Authority, the Authority
shall give notice of the pendency of the matter to all persons entitled
to notice of the hearing. The Authority shall by regulation specify:
(a) The manner of giving notice; and
(b) Where not specified by law, the persons entitled to notice in
each type of proceeding.
2. Unless, within 10 days after the date of the notice of
pendency, a person entitled to notice of the hearing files with the
Authority a request that the hearing be held, the Authority may dispense
with a hearing and act upon the matter pending.
3. If a request for a hearing is filed, the Authority shall give
at least 10 days’ notice of the hearing.
4. If an operator of a tow car files an application for a
certificate of public convenience and necessity or an application to
transfer a certificate of public convenience and necessity with the
Authority, the Authority shall give notice pursuant to the provisions of
subsection 1.
(Added to NRS by 1997, 1927; A 1999, 492 )
1. A complete record must be kept of all hearings before the
Authority, and all testimony must be taken down by the stenographer
appointed by the Authority, or, under the direction of any competent
person appointed by the Authority, reported by sound recording equipment
in the manner authorized for reporting testimony in district courts. The
testimony reported by a stenographer must be transcribed and filed with
the record in the matter. The Authority may by regulation provide for the
transcription or safekeeping of sound recordings. The costs of recording
and transcribing testimony at any hearing, except those hearings ordered
pursuant to NRS 706.286 must be paid by
the applicant. If a complaint is made pursuant to NRS 706.286 by a customer or by a political subdivision of
this State or a municipal organization, the complainant is not liable for
any costs. Otherwise, if there are several applicants or parties to any
hearing, the Authority may apportion the costs among them in its
discretion.
2. Whenever any petition is served upon the Authority, before the
action is reached for trial, the Authority shall file a certified copy of
all proceedings and testimony taken with the clerk of the court in which
the action is pending.
3. A copy of the proceedings and testimony must be furnished to
any party, on payment of a reasonable amount, to be fixed by the
Authority, and the amount must be the same for all parties.
4. The provisions of this section do not prohibit the Authority
from restricting access to the records and transcripts of a hearing
pursuant to subsection 2 of NRS 706.1725 .
(Added to NRS by 1997, 1928)
1. Any party is entitled to an order by the Authority for the
appearance of witnesses or the production of books, papers and documents
containing material testimony.
2. Witnesses appearing upon the order of the Authority are
entitled to the same fees and mileage as witnesses in civil actions in
the courts of this State, and the fees and mileage must be paid out of
the State Treasury in the same manner as other claims against the State
are paid. No fees or mileage may be allowed unless the Chairman of the
Authority certifies the correctness of the claim.
(Added to NRS by 1997, 1928)
The Authority may require, by order to be served on any person
regulated by the Authority in the same manner as a subpoena in a civil
action, the production at a time and place designated by the Authority of
any books, accounts, papers or records kept by the person in any office
or place outside this State, or verified copies in lieu thereof if the
Authority so directs, so that an examination may be made by the Authority
or under its direction, or for use as testimony.
(Added to NRS by 1997, 1928)
Any person who is aggrieved by any action or inaction of the
Taxicab Authority pursuant to NRS 706.8819 is entitled to judicial review of the
decision in the manner provided by chapter 233B of NRS. The Transportation Services Authority may
adopt such regulations as may be necessary to provide for its review of
decisions of the Taxicab Authority.
(Added to NRS by 1997, 1929)
1. A certificate of public convenience and necessity, permit or
license issued in accordance with this chapter is not a franchise and may
be revoked.
2. The Authority may at any time, for good cause shown, after
investigation and hearing and upon 5 days’ written notice to the grantee,
suspend any certificate, permit or license issued in accordance with the
provisions of NRS 706.011 to 706.791
, inclusive, for a period not to exceed
60 days.
3. Upon receipt of a written complaint or on its own motion, the
Authority may, after investigation and hearing, revoke any certificate,
permit or license. If service of the notice required by subsection 2
cannot be made or if the grantee relinquishes his interest in the
certificate, permit or license by so notifying the Authority in writing,
the Authority may revoke the certificate, permit or license without a
hearing.
4. The proceedings thereafter are governed by the provisions of
chapter 233B of NRS.
(Added to NRS by 1997, 1929)
Liability Insurance, Bonds and Security
1. The Authority shall require every fully regulated carrier and
every operator of a tow car, within such time and in such amounts as the
Authority may designate, to file with the Authority in a form required
and approved by the Authority a liability insurance policy, or a
certificate of insurance in lieu thereof, or a bond of a surety company,
or other surety, in such reasonable sum as the Authority may deem
necessary to protect adequately the interests of the public.
2. The Department shall require every other common and contract
motor carrier and every private carrier, within such time and in such
amounts as the Department may designate, to file with the Department in a
form required and approved by the Department a liability insurance
policy, or a certificate of insurance in lieu thereof, a bond of a surety
company, or other surety, in such reasonable sum as the Department may
deem necessary to protect adequately the interests of the public. In
determining the amount of liability insurance or other surety required of
a carrier pursuant to this subsection, the Department shall create a
separate category for vehicles with a manufacturer’s gross vehicle weight
rating of less than 26,000 pounds and impose a lesser requirement with
respect to such vehicles.
3. The liability insurance policy or certificate, policy or bond
of a surety company or other surety must bind the obligors thereunder to
pay the compensation for injuries to persons or for loss or damage to
property resulting from the negligent operation of the carrier.
4. The Authority and the Department may jointly prescribe by
regulation the respective amounts and forms required by subsections 1 and
2.
(Added to NRS by 1971, 695; A 1995, 2614; 1997, 1936, 3373)
Every common and contract motor carrier who
engages in transportation intrastate and the collection of the purchase
price of goods sold by the shipper to the consignee shall provide a bond,
to be filed with the Authority, for the benefit of the shipper in an
amount which the Authority deems reasonably sufficient as an aggregate
but not to exceed $1,000, to insure the shipper against any loss of the
moneys so collected by the carrier through misappropriation, negligence
or other defalcations.
(Added to NRS by 1971, 695; A 1997, 1936)
The Authority shall adopt
regulations requiring all operators of horse-drawn vehicles subject to
its regulation and supervision to maintain a contract of insurance
against liability for injury to persons and damage to property for each
such vehicle. The amounts of coverage required by the regulations:
1. Must not exceed a total of:
(a) For bodily injury to or the death of one person in any one
accident, $250,000;
(b) Subject to the limitations of paragraph (a), for bodily injury
to or death of two or more persons in any one accident, $500,000; and
(c) For injury to or destruction of property in any one accident,
$50,000; or
2. Must not exceed a combined single-limit for bodily injury to
one or more persons and for injury to or destruction of property in any
one accident, $500,000.
(Added to NRS by 1989, 1783; A 1997, 1937)
The Authority shall adopt regulations
requiring all operators of taxicabs subject to its regulation and
supervision to maintain a contract of insurance against liability for
injury to persons and damage to property for each taxicab. The amounts of
coverage required by the regulations:
1. Must not exceed a total of:
(a) For bodily injury to or the death of one person in any one
accident, $250,000;
(b) Subject to the limitations of paragraph (a), for bodily injury
to or death of two or more persons in any one accident, $500,000; and
(c) For injury to or destruction of property in any one accident,
$50,000; or
2. Must not exceed a combined single-limit for bodily injury to
one or more persons and for injury to or destruction of property in any
one accident, $500,000.
(Added to NRS by 1989, 1784)
1. Except as otherwise provided in subsection 2, an operator of a
taxicab may operate under a program of self-insurance in compliance with
the provisions of NRS 706.3054 or
706.3056 in lieu of the insurance
against liability required by the regulations adopted pursuant to NRS
706.305 .
2. An operator of a taxicab shall not operate under a program of
self-insurance if any judgment recovered against him has not been paid in
full.
(Added to NRS by 1989, 1784)
1. In lieu of the insurance against liability required by the
regulations adopted pursuant to NRS 706.305 , an operator of a taxicab may file with the
Department:
(a) A bond of a surety company authorized to transact business in
this State; or
(b) A bond with at least two individual sureties each owning real
property within this State, and together having equities equal in value
to at least twice the amount of the bond, if the real property is
scheduled in the bond and the bond is approved by a judge of a court of
record.
2. Any bond filed pursuant to subsection 1 must be conditioned for
payments in the amounts and under the same circumstances as would be
required in a contract of insurance against liability complying with the
regulations adopted pursuant to NRS 706.305 . The bond may not be cancelled unless 10 days
before cancellation written notice is given to the Department.
3. Upon the filing of notice by the Department in the office of
the county clerk of the county where the real property is located, the
bond constitutes a lien in favor of the State upon the real property
scheduled in the bond. The lien exists in favor of any holder of a
judgment against the person who has filed the bond.
4. If a judgment rendered against the principal on a bond filed
pursuant to subsection 1 is not satisfied within 60 days after it has
become final, the judgment creditor may, for his own use and benefit and
at his own expense, bring an action in the name of the State against the
company or persons executing the bond, including an action or proceeding
to foreclose any lien that may exist upon the real property of a person
who has executed the bond.
(Added to NRS by 1989, 1784)
1. In lieu of the insurance against liability required by the
regulations adopted pursuant to NRS 706.305 , an operator of a taxicab may deposit with the
Department:
(a) Any security in the amount of $500,000; or
(b) An amount equal to 110 percent of the average annual costs of
claims incurred by the operator for accidents involving motor vehicles
during the immediately preceding 3 years,
Ê whichever is less, but in no event may the deposit be less than
$250,000. The security deposited may be in any form authorized by NRS
706.3058 . The Department shall not
accept a deposit unless it is accompanied by evidence that there are no
unsatisfied judgments of any character against the depositor in the
county where the depositor resides.
2. An operator of a taxicab depositing money with the Department
pursuant to subsection 1, shall authorize payments from the deposit in
the amounts and under the same circumstances as would be required in a
contract of insurance against liability which is in compliance with the
regulations adopted pursuant to NRS 706.305 .
3. Any security deposited must be used to satisfy any judgment
obtained against the depositor which is final and has not been paid
within 30 days after the date of the judgment, unless otherwise ordered
by the court issuing the judgment. A depositor, within 24 hours after
receiving notice that the security has been used to satisfy a judgment
obtained against him, shall deposit with the Department an amount which
is necessary to maintain with the Department the amount required by
subsection 1. The failure to maintain the full amount required by
subsection 1 is a ground for the cancellation of the depositor’s
certificate of self-insurance.
4. Any money collected by the Department pursuant to subsection 1
must be deposited with the State Treasurer for credit to a separate
account in the State General Fund and used for payments authorized
pursuant to subsection 2 or to refund money paid by an operator of a
taxicab who is no longer participating in a program of self-insurance.
(Added to NRS by 1989, 1785)
For the purposes of NRS
706.3056 , the Department may accept
from the operator of a taxicab any one of the following forms of
security, or any combination thereof:
1. A time certificate of deposit with any bank or credit union
licensed or chartered by this State or the Federal Government, made
payable to the operator and the Department.
2. Bonds and securities issued or guaranteed by the Federal
Government made payable to the operator and the Department.
3. A deposit in an amount required by NRS 706.3056 made with the State Treasurer, with the
Department appointed as trustee of the deposit.
4. A surety bond submitted on behalf of the operator by any surety
company authorized to transact business in this State.
5. Any other form of security, including the net worth of the
operator, which is acceptable to the Department.
(Added to NRS by 1989, 1785; A 1999, 1555 )
1. Any security deposited pursuant to NRS 706.3054 or 706.3056 must be maintained for as long as the
depositor holds a certificate of self-insurance or until all claims
against the depositor which remain outstanding have reached final
judgment and are paid, whichever is later.
2. At the time of relinquishing his certificate of self-insurance,
an operator of a taxicab shall submit to the Department a properly
executed affidavit indicating all claims against the operator which are
outstanding. The affidavit must contain the name of each claimant and the
amount of each claim.
(Added to NRS by 1989, 1786)
Rates and Service
1. Except as otherwise provided in subsection 2, every common and
contract motor carrier is required to furnish reasonably adequate service
and facilities, and all transportation charges made by any such carrier
must be just and reasonable.
2. Every operator of a tow car is required to furnish reasonably
adequate service and facilities, and all charges assessed for towing
services performed without the prior consent of the owner of the vehicle
or the person authorized by the owner to operate the vehicle must be just
and reasonable.
3. Every unjust and unreasonable charge for service by any such
carrier or operator of a tow car is prohibited and shall be deemed to be
unlawful.
(Added to NRS by 1971, 696; A 1997, 2672)
1. Except as otherwise provided in subsection 2, every common or
contract motor carrier shall file with the Authority:
(a) Within a time to be fixed by the Authority, schedules and
tariffs that must:
(1) Be open to public inspection; and
(2) Include all rates, fares and charges which the carrier
has established and which are in force at the time of filing for any
service performed in connection therewith by any carrier controlled and
operated by it.
(b) As a part of that schedule, all regulations of the carrier that
in any manner affect the rates or fares charged or to be charged for any
service and all regulations of the carrier that the carrier has adopted
to comply with the provisions of NRS 706.011 to 706.791 ,
inclusive.
2. Every operator of a tow car shall file with the Authority:
(a) Within a time to be fixed by the Authority, schedules and
tariffs that must:
(1) Be open to public inspection; and
(2) Include all rates and charges for towing services
performed without the prior consent of the owner of the vehicle or the
person authorized by the owner to operate the vehicle which the operator
has established and which are in force at the time of filing.
(b) As a part of that schedule, all regulations of the operator of
the tow car which in any manner affect the rates charged or to be charged
for towing services performed without the prior consent of the owner of
the vehicle or the person authorized by the owner to operate the vehicle
and all regulations of the operator of the tow car that the operator has
adopted to comply with the provisions of NRS 706.011 to 706.791 ,
inclusive.
3. No changes may be made in any schedule, including schedules of
joint rates, or in the regulations affecting any rates or charges, except
upon 30 days’ notice to the Authority, and all those changes must be
plainly indicated on any new schedules filed in lieu thereof 30 days
before the time they are to take effect. The Authority, upon application
of any carrier, may prescribe a shorter time within which changes may be
made. The 30 days’ notice is not applicable when the carrier gives
written notice to the Authority 10 days before the effective date of its
participation in a tariff bureau’s rates and tariffs, provided the rates
and tariffs have been previously filed with and approved by the Authority.
4. The Authority may at any time, upon its own motion, investigate
any of the rates, fares, charges, regulations, practices and services
filed pursuant to this section and, after hearing, by order, make such
changes as may be just and reasonable.
5. The Authority may dispense with the hearing on any change
requested in rates, fares, charges, regulations, practices or service
filed pursuant to this section.
6. All rates, fares, charges, classifications and joint rates,
regulations, practices and services fixed by the Authority are in force,
and are prima facie lawful, from the date of the order until changed or
modified by the Authority, or pursuant to NRS 706.2883 .
7. All regulations, practices and service prescribed by the
Authority must be enforced and are prima facie reasonable unless
suspended or found otherwise in an action brought for the purpose, or
until changed or modified by the Authority itself upon satisfactory
showing made.
(Added to NRS by 1971, 697; A 1981, 1129; 1983, 968; 1997, 1937,
2672; 1999, 492 )
1. Except as otherwise provided in subsection 2, the Authority may
not investigate, suspend, revise or revoke any rate that is subject to
the approval of the Authority pursuant to NRS 706.321 and proposed by a common motor carrier or
contract motor carrier because the rate is too high or too low and
therefore unreasonable if:
(a) The motor carrier notifies the Authority that it wishes to have
the rate reviewed by the Authority pursuant to this subsection; and
(b) The rate resulting from all increases or decreases within 1
year is not more than 10 percent above or 10 percent below the rate in
effect 1 year before the effective date of the proposed rate.
2. This section does not limit the authority of the Transportation
Services Authority to investigate, suspend, revise or revoke a proposed
rate if the rate would violate the provisions of NRS 706.151 .
(Added to NRS by 1983, 1222; A 1997, 1938, 2673; 1999, 492 )
1. Whenever there is filed with the Authority pursuant to NRS
706.321 any schedule or tariff stating
a new or revised individual or joint rate, fare or charge, or any new or
revised individual or joint regulation or practice affecting any rate,
fare or charge, or any schedule or tariff resulting in a discontinuance,
modification or restriction of service, the Authority may commence an
investigation or, upon reasonable notice, hold a hearing concerning the
propriety of the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice.
2. Pending the investigation or hearing and the decision thereon,
the Authority, upon delivering to the common or contract motor carrier
affected thereby a statement in writing of its reasons for the
suspension, may suspend the operation of the schedule or tariff and defer
the use of the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice, but not for a
longer period than 150 days beyond the time when the rate, fare, charge,
classification, regulation, discontinuance, modification, restriction or
practice would otherwise go into effect.
3. After full investigation or hearing, whether completed before
or after the date upon which the rate, fare, charge, classification,
regulation, discontinuance, modification, restriction or practice is to
go into effect, the Authority may make such order in reference to the
rate, fare, charge, classification, regulation, discontinuance,
modification, restriction or practice as would be proper in a proceeding
initiated after the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice has become
effective.
4. The Authority shall determine whether it is necessary to hold a
hearing to consider the proposed change in any schedule stating a new or
revised individual or joint rate, fare or charge. In making that
determination, the Authority shall consider all timely written protests,
any presentation the staff of the Authority may desire to present, the
application and any other matters deemed relevant by the Authority.
(Added to NRS by 1971, 697; A 1971, 949; 1981, 1130; 1997, 1938,
2674; 1999, 492 )
1. If, after due investigation and hearing, any authorized rates,
tolls, fares, charges, schedules, tariffs, joint rates or any regulation,
measurement, practice, act or service that is subject to the approval of
the Authority is complained of and is found to be unjust, unreasonable,
insufficient, preferential, unjustly discriminatory or otherwise in
violation of the provisions of this chapter, or if it is found that the
service is inadequate, or that any reasonable service cannot be obtained,
the Authority may substitute therefor such other rates, tolls, fares,
charges, tariffs, schedules or regulations, measurements, practices,
service or acts and make an order relating thereto as may be just and
reasonable.
2. When complaint is made of more than one matter, the Authority
may order separate hearings upon the several matters complained of at
such times and places as it may prescribe.
3. No complaint may at any time be dismissed because of the
absence of direct damage to the complainant.
4. The Authority may at any time, upon its own motion, investigate
any of the matters listed in subsection 1, and, after a full hearing, by
order, make such changes as may be just and reasonable, the same as if a
formal complaint had been made.
(Added to NRS by 1971, 698; A 1979, 133; 1981, 1131; 1997, 1939,
2674; 1999, 492 )
1. An operator of a tow car shall, in the manner prescribed by the
Authority, notify the Authority if the operator discontinues providing
towing services from an operating terminal or establishes a new operating
terminal from which a tow car provides towing services within 30 days
after the operator discontinues providing towing services from an
operating terminal or commences operations at the new terminal.
2. A common motor carrier, other than an operator of a tow car,
authorized to operate by NRS 706.011 to
706.791 , inclusive, shall not
discontinue any service established pursuant to the provisions of NRS
706.011 to 706.791 , inclusive, and all other laws relating
thereto and made applicable thereto by NRS 706.011 to 706.791 ,
inclusive, without an order of the Authority granted only after public
notice or hearing in the event of protest.
(Added to NRS by 1971, 699; A 1997, 1939, 2675; 1999, 492 )
1. Except as otherwise provided in subsection 3, a copy, or so
much of the schedule or tariff as the Authority determines necessary for
the use of the public, must be printed in plain type and posted in every
office of a common motor carrier where payments are made by customers or
users, open to the public, in such form and place as to be readily
accessible to the public and conveniently inspected.
2. Except as otherwise provided in subsection 3, when a schedule
or tariff of joint rates or charges is or may be in force between two or
more common motor carriers or between any such carrier and a public
utility, the schedule or tariff must be printed and posted in the manner
prescribed in subsection 1.
3. Only the rates for towing services performed without the prior
consent of the owner of the vehicle or the person authorized by the owner
to operate the vehicle must be printed and posted by an operator of a tow
car pursuant to subsections 1 and 2.
(Added to NRS by 1971, 699; A 1997, 1939, 2675; 1999, 492 )
1. It is unlawful for:
(a) A fully regulated carrier to furnish any pass, frank, free or
reduced rates for transportation to any state, city, district, county or
municipal officer of this State or to any person other than those
specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this
section to receive any pass, frank, free or reduced rates for
transportation.
2. This section does not prevent the carriage, storage or hauling
free or at reduced rates of passengers or property for charitable
organizations or purposes for the United States, the State of Nevada or
any political subdivision thereof.
3. This chapter does not prohibit a fully regulated common carrier
from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents or employees, or members of
any profession licensed under title 54 of NRS retained by it, and members
of their families.
(b) Inmates of hospitals or charitable institutions and persons
over 60 years of age.
(c) Persons who are physically handicapped or mentally handicapped
and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and
nurses attending such persons.
(e) Persons providing relief in cases of common disaster.
(f) Attendants of livestock or other property requiring the care of
an attendant, who must be given return passage to the place of shipment,
if there is no discrimination among shippers of a similar class.
(g) Officers, agents, employees or members of any profession
licensed under title 54 of NRS, together with members of their families,
who are employed by or affiliated with other common carriers, if there is
an interchange of free or reduced rates for transportation.
(h) Indigent, destitute or homeless persons when under the care or
responsibility of charitable societies, institutions or hospitals,
together with the necessary agents employed in such transportation.
(i) Students of institutions of learning, including, without
limitation, homeless students, whether the free or reduced rate is given
directly to a student or to the board of trustees of a school district on
behalf of a student.
(j) Groups of persons participating in a tour for a purpose other
than transportation.
4. This section does not prohibit common motor carriers from
giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents or employees, or members of
any profession licensed under title 54 of NRS retained by them, or
pensioned or disabled former employees, together with that of their
dependents.
(b) Witnesses attending any legal investigations in which such
carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Charitable organizations providing food and items for personal
hygiene to needy persons or to other charitable organizations within this
State.
5. This section does not prohibit the Authority from establishing
reduced rates, fares or charges for specified routes or schedules of any
common motor carrier providing transit service if the reduced rates,
fares or charges are determined by the Authority to be in the public
interest.
6. Only fully regulated common carriers may provide free or
reduced rates for the transportation of passengers or household goods,
pursuant to the provisions of this section.
7. As used in this section, “employees” includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of
such carriers.
(c) Persons who are traveling to enter the service of such a
carrier.
(Added to NRS by 1971, 699; A 1975, 1205; 1979, 204; 1987, 2257;
1989, 441, 616, 1291, 1292; 1993, 866; 1995, 2615; 1997, 1939; 1999, 90
)
It is
unlawful for any common or contract motor carrier to make a charge for
the carriage of passengers or property within the territory authorized by
its certificate of public convenience and necessity or permit and give
free or reduced rates beyond such limits.
(Added to NRS by 1971, 700)
1. A person with a disability is entitled to the full and equal
enjoyment of the facilities of any common motor carrier of passengers,
contract motor carrier of passengers or other entity providing a means of
public conveyance and transportation operating within this State.
2. A common motor carrier of passengers, a contract motor carrier
of passengers and other entities providing means of public conveyance and
transportation shall designate a person responsible for ensuring that the
carrier complies with the applicable provisions of the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive, and 47
U.S.C. §§ 225 and 611, and the regulations adopted pursuant to that Act.
3. The person designated pursuant to subsection 2 shall conduct
training sessions for the employees of the carrier or entity. Each
employee must be provided at least 3 hours of training during one or more
training sessions. During the training sessions, the designee shall:
(a) Describe the carrier’s plan for compliance with the Americans
with Disabilities Act of 1990 and the regulations adopted pursuant to
that Act;
(b) Explain the obligations of the employees to assist a person
with a disability to store a mobility device;
(c) Explain the illegality of charging an additional fee or a
higher fare to a person with a disability; and
(d) Ensure that each employee is trained in accordance with the
requirements of 49 C.F.R. § 37.173.
4. It is unlawful for any person to deny any of the privileges
granted by subsection 1.
5. It is unlawful for any common motor carrier, contract motor
carrier or other entity providing a means of public conveyance or
transportation operating within this State, to:
(a) Deny the equal enjoyment of its services and facilities to a
person with a disability by the arbitrary, capricious or unreasonable
interference, direct or indirect, with the use of aids and appliances
used by a person with a disability;
(b) Fail to designate a person pursuant to subsection 2; or
(c) Fail to conduct the training sessions in the manner described
in subsection 3.
6. As used in this section, “disability” has the meaning ascribed
to it in 49 C.F.R. § 37.3.
(Added to NRS by 1971, 700: A 1971, 946; 1979, 205; 1993, 2215)
1. It is unlawful for a common motor carrier of passengers or
other means of public conveyance or transportation operating in this
State to:
(a) Refuse service to a person with a disability because he is
accompanied by a service animal;
(b) Refuse service to a person who is training a service animal
because he is accompanied by the service animal in training; or
(c) Charge an additional fee or a deposit for a service animal or
service animal in training.
2. This section does not relieve a person with a disability who is
accompanied by a service animal or a person who trains a service animal
from liability for damage which may be caused by the service animal or
service animal in training.
3. Persons with disabilities accompanied by service animals on
common motor carriers of passengers or other means of public conveyance
or transportation operating in this State are subject to the same
conditions and limitations that apply to persons without disabilities who
are not so accompanied.
4. A common motor carrier of passengers or other means of public
conveyance or transportation operating in this State that violates any of
the provisions of subsection 1 is civilly liable to the person against
whom the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a
court sitting without a jury, which must not be more than three times the
amount of actual damages, except that in no case may the punitive damages
be less than $750; and
(c) Reasonable attorney’s fees as determined by the court.
5. The remedies provided in this section are nonexclusive and are
in addition to any other remedy provided by law, including, without
limitation, any action for injunctive or other equitable relief available
to the aggrieved person or brought in the name of the people of this
State or the United States.
6. As used in this section:
(a) “Service animal” has the meaning ascribed to it in NRS 426.097
.
(b) “Service animal in training” has the meaning ascribed to it in
NRS 426.099 .
(Added to NRS by 1971, 700; A 1971, 946; 1973, 1500; 1981, 1922;
1987, 825; 1995, 1997; 1997, 76; 2003, 2639 , 2978 ; 2005, 634 )
The Authority may regulate and fix the maximum number of
contracts and the minimum carrying charges of all intrastate contract
motor carriers, and conduct hearings, make and enter necessary orders and
enforce the same with respect thereto in the same manner and form as is
now or may hereafter be provided by law for the regulation of the rates,
charges and services of common motor carriers.
(Added to NRS by 1971, 700; A 1997, 1941)
Certificates of Public Convenience and Necessity
It is unlawful, except as
otherwise provided in NRS 373.117 ,
706.446 , 706.453 and 706.745 ,
for any fully regulated common motor carrier to operate as a carrier of
intrastate commerce and any operator of a tow car to perform towing
services within this State without first obtaining a certificate of
public convenience and necessity from the Authority.
(Added to NRS by 1971, 701; A 1979, 362; 1981, 1030; 1983, 538;
1995, 2616; 1997, 1941, 2675; 1999, 492 )
1. Upon the filing of an application for a certificate of public
convenience and necessity to operate as a common motor carrier, other
than an operator of a tow car, or an application for modification of such
a certificate, the Authority shall fix a time and place for a hearing on
the application.
2. The Authority shall grant the certificate or modification if it
finds that:
(a) The applicant is financially and operationally fit, willing and
able to perform the services of a common motor carrier and that the
operation of, and the provision of such services by, the applicant as a
common motor carrier will foster sound economic conditions within the
applicable industry;
(b) The proposed operation or the proposed modification will be
consistent with the legislative policies set forth in NRS 706.151 ;
(c) The granting of the certificate or modification will not
unreasonably and adversely affect other carriers operating in the
territory for which the certificate or modification is sought;
(d) The proposed operation or the proposed modification will
benefit and protect the safety and convenience of the traveling and
shipping public and the motor carrier business in this State;
(e) The proposed operation, or service under the proposed
modification, will be provided on a continuous basis;
(f) The market identified by the applicant as the market which the
applicant intends to serve will support the proposed operation or
proposed modification; and
(g) The applicant has paid all fees and costs related to the
application.
3. The Authority shall not find that the potential creation of
competition in a territory which may be caused by the granting of the
certificate or modification, by itself, will unreasonably and adversely
affect other carriers operating in the territory for the purposes of
paragraph (c) of subsection 2.
4. In determining whether the applicant is fit to perform the
services of a common motor carrier pursuant to paragraph (a) of
subsection 2, the Authority shall consider whether the applicant has
violated any provision of this chapter or any regulations adopted
pursuant thereto.
5. The applicant for the certificate or modification:
(a) Has the burden of proving to the Authority that the proposed
operation will meet the requirements of subsection 2; and
(b) Must pay the amounts billed to the applicant by the Authority
for the costs incurred by the Authority in conducting any investigation
regarding the applicant and the application.
6. The Authority may issue or modify a certificate of public
convenience and necessity to operate as a common motor carrier, or issue
or modify it for:
(a) The exercise of the privilege sought.
(b) The partial exercise of the privilege sought.
7. The Authority may attach to the certificate such terms and
conditions as, in its judgment, the public interest may require.
8. The Authority may dispense with the hearing on the application
if, upon the expiration of the time fixed in the notice thereof, no
petition to intervene has been filed on behalf of any person who has
filed a protest against the granting of the certificate or modification.
(Added to NRS by 1971, 701; A 1981, 1030; 1983, 1224; 1985, 1879;
1997, 1941, 2675; 1999, 492 ; 2003, 3208 )
Any person who,
after hearing, has been denied a certificate of public convenience and
necessity to operate as a carrier must not be permitted again to file a
similar application with the Authority covering the same type of service
and over the same route or routes or in the same territory for which the
certificate of public convenience and necessity was denied except after
the expiration of 180 days after the date the certificate of public
convenience and necessity was denied.
(Added to NRS by 1971, 701; A 1981, 1031; 1997, 1942)
The
Authority:
1. Shall revoke or suspend, pursuant to the provisions of this
chapter, the certificate of public convenience and necessity of a common
motor carrier which has failed to:
(a) File the annual report required by NRS 706.167 within 60 days after the report is due; or
(b) Operate as a carrier of intrastate commerce in this State under
the terms and conditions of its certificate,
Ê unless the carrier has obtained the prior permission of the Authority.
2. May revoke or suspend, pursuant to the provisions of NRS
706.2885 , the certificate of public
convenience and necessity of a common motor carrier which has failed to
comply with any provision of this chapter or any regulation of the
Authority adopted pursuant thereto.
(Added to NRS by 1981, 537; A 1985, 790; 1995, 922; 1997, 1942)
Every order refusing or granting any certificates of public
convenience and necessity, or granting or refusing permission to
discontinue, modify or restrict service is prima facie lawful from the
date of the order until changed or modified by the order of the Authority
pursuant to the provisions of this chapter.
(Added to NRS by 1971, 702; A 1983, 969; 1997, 1942)
Permits for Contract Carriers
It is unlawful for any contract motor carrier to act as such
within this State in intrastate commerce without first having obtained a
permit therefor.
(Added to NRS by 1971, 702)
An
application for a permit for a new operation as a contract motor carrier
shall be:
1. Made to the Authority in writing.
2. In such form and be accompanied by such information as the
Authority may require.
(Added to NRS by 1971, 702; A 1997, 1942)
1. A permit may be issued to any applicant therefor, authorizing
in whole or in part the operation covered by the application, if it
appears from the application or from any hearing held thereon that:
(a) The applicant is fit, willing and able properly to perform the
service of a contract motor carrier and to conform to all provisions of
NRS 706.011 to 706.791 , inclusive, and the regulations adopted
thereunder; and
(b) The proposed operation will be consistent with the public
interest and will not operate to defeat the legislative policy set forth
in NRS 706.151 .
2. An application must be denied if the provisions of subsection 1
are not met.
3. The Authority shall revoke or suspend pursuant to the
provisions of this chapter the permit of a contract motor carrier who has
failed to file the annual report required in NRS 706.167 within 60 days after the report is due.
4. The Authority shall adopt regulations providing for a procedure
by which any contract entered into by a contract motor carrier after he
has been issued a permit pursuant to this section may be approved by the
Authority without giving notice required by statute or by a regulation of
the Authority.
(Added to NRS by 1971, 702; A 1979, 192; 1985, 1079; 1987, 1355;
1997, 1942)
Any person who has been
denied a permit to act as a contract motor carrier after hearing may not
file a similar application with the Authority covering the same type of
service and over the same route or routes or in the same territory for
which the permit was denied except after the expiration of 180 days after
the date the permit was denied.
(Added to NRS by 1971, 702; A 1997, 1943)
Written Approval for Common Carriers of Property
1. A common carrier of property, other than a carrier of household
goods or an operator of a tow car, shall not operate as a carrier in
intrastate commerce without first obtaining written approval from the
Department.
2. In addition to obtaining written approval pursuant to
subsection 1, a carrier seeking to transport radioactive waste shall also
obtain from the Department the specific permits that are otherwise
required to transport such waste.
(Added to NRS by 1995, 2609; A 1997, 2676)
The
Department shall issue its written approval if it finds that the
applicant:
1. Satisfies the requirements related to insurance specified
pursuant to the provisions of NRS 706.291 and the requirements of NRS 706.296 if the applicant collects the purchase price
of goods sold by the shipper;
2. Identifies the terminal facilities used to support vehicles
which are used to provide services related to intrastate transportation;
3. Acknowledges its understanding of the safety requirements
applicable to its equipment and operations and agrees to operate in
compliance therewith; and
4. Satisfies any other requirements related to safety or financial
responsibility which the Department has adopted by regulation.
(Added to NRS by 1995, 2609)
1. The Department may issue its written approval in conjunction
with the registration or licensing of a carrier’s fleet or equipment or
at such time as an application for the written approval is received.
2. If the Department receives an application for written approval
which is not submitted in conjunction with the registration or licensing
of a carrier’s fleet or equipment, it may charge a fee not to exceed $50
to act upon that application.
(Added to NRS by 1995, 2610)
The written
approval of the Department is effective until the Department cancels its
written approval. The Department may cancel its written approval if the
carrier to whom the approval is issued:
1. Fails to maintain adequate insurance;
2. Does not notify the Department of any changes in the location
of his terminal facilities; or
3. Does not comply with any applicable requirements relating to
safety or financial responsibility.
(Added to NRS by 1995, 2610)
Intrastate Transportation or Storage of Household Goods
Any person engaging in the intrastate
transportation or storage of household goods shall comply with the
following requirements:
1. Upon the request of a person seeking service, the carrier of
household goods shall provide the person with a written, binding estimate
of the cost of providing the requested service.
2. The charges assessed for the service rendered may not exceed
the amount in the written estimate, unless the customer requested
services in addition to those included in the written estimate and agreed
to pay additional charges.
3. If the person for whom service was provided pays any amount
consistent with the provisions of subsection 2, the provider of service
shall release immediately any household goods that were transported or
stored to that person.
4. If a person requesting service alleges that any household goods
were damaged or lost, the person that provided the service shall:
(a) Attempt to resolve the dispute; and
(b) Identify the carrier of his insurance and explain the
procedures to file a claim.
5. The provider of service shall advise all persons for whom
service is to be performed of their right to file a complaint with the
Authority and provide the address and telephone number of the nearest
business office of the Authority.
6. Any other terms and conditions which the Authority may by
regulation prescribe to protect the public.
(Added to NRS by 1995, 2610; A 1997, 1943)
442 by Authority; regulations.
1. The provisions of NRS 706.442
apply whether or not the person providing the service has received
authority to operate from the Authority.
2. The Authority shall enforce the provisions of NRS 706.442
and consider complaints regarding
violations of the provisions of that section pursuant to the provisions
of this chapter. In addition to any other remedies, the Authority may
order the release of any household goods that are being held by the
provider of service subject to the terms and conditions that the
Authority determines to be appropriate and may order the refund of
overcharges.
3. The Authority may use the remedies provided in NRS 706.457
, 706.461 , 706.756 ,
706.761 , 706.771 and 706.779
and any other remedy available under other law.
4. The Authority shall adopt regulations regarding the
administration and enforcement of this section and NRS 706.442 .
(Added to NRS by 1995, 2611; A 1997, 1944)
Tow Cars
The Authority may not regulate the:
1. Geographical area in which towing services are provided;
2. Types of towing services that are provided; or
3. Rates and charges assessed or the terms and conditions imposed
for towing services performed with the prior consent of the owner of the
vehicle or the person authorized by the owner to operate the vehicle,
Ê by an operator of a tow car.
(Added to NRS by 1997, 2668)
The provisions of this
chapter do not require an operator of a tow car who provides towing for a
licensed motor club regulated pursuant to chapter 696A of NRS to obtain a certificate of public
convenience and necessity or to comply with the regulations or rates
adopted by the Authority to provide that towing.
(Added to NRS by 1971, 1464; A 1973, 1524; 1995, 1512, 1513; 1997,
1944, 2676, 2683; 1999, 492 )
1. In addition to the other requirements of this chapter, each
operator of a tow car shall, to protect the health, safety and welfare of
the public:
(a) Obtain a certificate of public convenience and necessity from
the Authority before he provides any services other than those services
which he provides as a private motor carrier of property pursuant to the
provisions of this chapter;
(b) Use a tow car of sufficient size and weight which is
appropriately equipped to transport safely the vehicle which is being
towed; and
(c) Comply with the provisions of NRS 706.011 to 706.791 ,
inclusive.
2. A person who wishes to obtain a certificate of public
convenience and necessity to operate a tow car must file an application
with the Authority.
3. The Authority shall issue a certificate of public convenience
and necessity to an operator of a tow car if it determines that the
applicant:
(a) Complies with the requirements of paragraphs (b) and (c) of
subsection 1;
(b) Complies with the requirements of the regulations adopted by
the Authority pursuant to the provisions of this chapter;
(c) Has provided evidence that he has filed with the Authority a
liability insurance policy, a certificate of insurance or a bond of a
surety and bonding company or other surety required for every operator of
a tow car pursuant to the provisions of NRS 706.291 ; and
(d) Has provided evidence that he has filed with the Authority
schedules and tariffs pursuant to subsection 2 of NRS 706.321 .
4. An applicant for a certificate has the burden of proving to the
Authority that the proposed operation will meet the requirements of
subsection 3.
5. The Authority may hold a hearing to determine whether an
applicant is entitled to a certificate only if:
(a) Upon the expiration of the time fixed in the notice that an
application for a certificate of public convenience and necessity is
pending, a petition to intervene has been granted by the Authority; or
(b) The Authority finds that after reviewing the information
provided by the applicant and inspecting the operations of the applicant,
it cannot make a determination as to whether the applicant has complied
with the requirements of subsection 3.
(Added to NRS by 1995, 1510; A 1995, 1513, 2621; 1997, 1945, 2677,
2683; 1999, 492 )
1. An operator of a tow car who is issued a certificate of public
convenience and necessity may transfer it to another operator of a tow
car qualified pursuant to the provisions of NRS 706.011 to 706.791 ,
inclusive, but no such transfer is valid for any purpose until a joint
application to make the transfer is made to the Authority by the
transferor and the transferee, and the Authority has authorized the
substitution of the transferee for the transferor. No transfer of stock
of a corporate operator of a tow car subject to the jurisdiction of the
Authority is valid without the prior approval of the Authority if the
effect of the transfer would be to change the corporate control of the
operator of a tow car or if a transfer of 15 percent or more of the
common stock of the operator of a tow car is proposed.
2. The Authority shall approve an application filed with it
pursuant to subsection 1 if it determines that the transferee:
(a) Complies with the provisions of NRS 706.011 to 706.791 ,
inclusive, and the regulations adopted by the Authority pursuant to those
provisions;
(b) Uses equipment that is in compliance with the regulations
adopted by the Authority;
(c) Has provided evidence that he has filed with the Authority a
liability insurance policy, a certificate of insurance or a bond of a
surety and bonding company or other surety required for every operator of
a tow car pursuant to the provisions of NRS 706.291 ; and
(d) Has provided evidence that he has filed with the Authority
schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms
and conditions that the operator of the tow car requires to perform
towing services without the prior consent of the owner of the vehicle or
the person authorized by the owner to operate the vehicle which do not
exceed the rates and charges that the transferor was authorized to assess
for the same services.
3. The Authority may hold a hearing concerning an application
submitted pursuant to this section only if:
(a) Upon the expiration of the time fixed in the notice that an
application for transfer of a certificate of public convenience and
necessity is pending, a petition to intervene has been granted by the
Authority; or
(b) The Authority finds that after reviewing the information
provided by the applicant and inspecting the operations of the applicant,
it cannot make a determination as to whether the applicant has complied
with the requirements of subsection 2.
4. The Authority shall not hold a hearing on an application
submitted pursuant to this section if the application is made to transfer
the certificate of public convenience and necessity from a natural person
or partners to a corporation whose controlling stockholders will be
substantially the same person or partners.
5. The approval by the Authority of an application for transfer of
a certificate of public convenience and necessity of an operator of a tow
car is not valid after the expiration of the term for the transferred
certificate.
(Added to NRS by 1997, 2668)
The operator shall maintain a dispatcher’s log which shows for each
vehicle towed:
1. The date and time the call to provide towing was received.
2. The name of the person requesting that the vehicle be towed.
3. The date and time a tow car was dispatched to provide the
towing.
4. The date and time the tow car arrived at the location of the
vehicle to be towed.
5. The date and time the towing was completed.
6. The model, make, year of manufacture, vehicle identification
number and license plate number of the towed motor vehicle.
(Added to NRS by 1995, 1510; A 1995, 1513; 1997, 2683)
In towing and storing a towed
motor vehicle, cargo and personal property, the operator shall:
1. Treat original and substituted accessories and equipment of the
motor vehicle as part of the vehicle rather than personal property.
2. Protect from theft and damage a towed motor vehicle, cargo and
personal property which comes into his possession as the result of a tow.
3. Provide access during normal business hours to motor vehicles
which were towed to the owner, or the agent of the owner.
4. Establish procedures that allow the owner, or agent of the
owner, of a towed motor vehicle access to the vehicle or to obtain the
release of the vehicle during those periods in which the operator is not
normally open for such transactions.
5. Not hold or retain any cargo or personal property which comes
into his possession as the result of towing as security or for any
purpose other than compliance with the direction of appropriate law
enforcement agencies.
6. Afford the owner of the vehicle or his agent the opportunity to
inspect and inventory the vehicle before release to detect damage or
theft of property. If damage or theft is detected, the operator shall:
(a) Resolve the complaint to the satisfaction of the claimant; or
(b) Identify the carrier of its insurance and explain the procedure
for filing a claim.
(Added to NRS by 1995, 1511; A 1995, 1513; 1997, 2683)
1. Each operator of a tow car shall file its charges for preparing
or satisfying a lien to which the operator is entitled against a vehicle
that was towed without the prior consent of the owner of the vehicle or
the person authorized by the owner to operate the vehicle. The Authority
may investigate any charge filed pursuant to this subsection and revise
the charge as necessary to ensure that the charge is reasonable.
2. An operator of a tow car may not impose a charge or any part of
a charge filed pursuant to subsection 1 unless the operator:
(a) Has initiated the procedure by which a person may satisfy a
lien; and
(b) Stores the vehicle for at least 96 hours.
3. If an operator of a tow car stores a vehicle that was towed
without the prior consent of the owner of the vehicle or the person
authorized by the owner to operate the vehicle for at least 96 hours but
not more than 336 hours, the operator may charge an amount not to exceed
50 percent of the charge approved by the Authority pursuant to subsection
1 for preparing or satisfying a lien.
4. If an operator of a tow car stores a vehicle that was towed
without the prior consent of the owner of the vehicle or the person
authorized by the owner to operate the vehicle for more than 336 hours,
the operator may charge an amount not to exceed 50 percent of the charge
approved by the Authority pursuant to subsection 1 for preparing or
satisfying a lien in addition to the amount charged pursuant to
subsection 3.
(Added to NRS by 1997, 2669)
The operator shall allow the owner, or
agent of the owner, of a motor vehicle that has been connected to a tow
car to obtain the release of the vehicle at the point of origination of
the towing if:
1. A request is made to release the vehicle; and
2. The owner or agent pays a fee established by the operator for
releasing the vehicle.
(Added to NRS by 1995, 1511; A 1995, 1513; 1997, 2683)
The operator shall
inform each owner, or agent of the owner, of a towed motor vehicle that
the owner or agent may file a complaint with the Authority regarding any
violation of the provisions of this chapter.
(Added to NRS by 1995, 1511; A 1995, 1513; 1997, 1945, 2683; 1999,
492 )
An operator shall not
knowingly tow a vehicle that another operator has previously been
requested to tow.
(Added to NRS by 1995, 1511; A 1995, 1513; 1997, 2683)
If towing is requested by a person other than
the owner, or an agent of the owner, of the motor vehicle or a law
enforcement officer:
1. The person requesting the towing must be the owner of the real
property from which the vehicle is towed or his authorized agent and must
sign a specific request for the towing. For the purposes of this section,
the operator is not an authorized agent of the owner of the real property.
2. The area from which the vehicle is to be towed must be
appropriately posted in accordance with state or local requirements.
3. Notice must be given to the appropriate law enforcement agency
pursuant to state and local requirements.
4. The operator may be directed to terminate the towing by a law
enforcement officer.
(Added to NRS by 1995, 1511; A 1995, 1513; 1997, 2683)
1. If a motor vehicle is towed at the request of someone other
than the owner, or authorized agent of the owner, of the motor vehicle,
the operator shall, in addition to the requirements set forth in the
provisions of chapter 108 of NRS:
(a) Notify the registered and legal owner of the motor vehicle by
certified mail not later than 21 days after placing the motor vehicle in
storage if the motor vehicle was towed at the request of a law
enforcement officer following an accident involving the motor vehicle or
not later than 15 days after placing any other vehicle in storage:
(1) Of the location where the motor vehicle is being stored;
(2) Whether the storage is inside a locked building, in a
secured, fenced area or in an unsecured, open area;
(3) Of the charge for storage; and
(4) Of the date and time the vehicle was placed in storage.
(b) If the identity of the registered and legal owners is not
readily available, request the necessary information from the Department.
The operator shall attempt to notify the owner of the vehicle as soon as
possible, but in no case later than:
(1) Twenty-one days after identification of the owner is
obtained if the motor vehicle that is placed in storage was towed at the
request of a law enforcement officer following an accident involving the
motor vehicle; or
(2) Fifteen days after identification of the owner is
obtained for any other motor vehicle.
(c) Use all resources reasonably necessary to ascertain the name of
the owner of a vehicle and is responsible for making an independent
inquiry and correct notification of the owner.
2. If a motor vehicle that is placed in storage was towed at the
request of a law enforcement officer following an accident involving the
motor vehicle, the operator shall not impose any administrative or
processing fee or charge with respect to the vehicle for the period
ending 14 days after the date on which the motor vehicle was placed in
storage.
(Added to NRS by 1995, 1511; A 1997 1513; 1997, 2683; 2001, 2637
; 2005, 703 )
1. The Authority shall act upon complaints regarding the failure
of an operator of a tow car to comply with the provisions of NRS 706.011
to 706.791 , inclusive.
2. In addition to any other remedies that may be available to the
Authority to act upon complaints, the Authority may order the release of
towed motor vehicles, cargo or personal property upon such terms and
conditions as the Authority determines to be appropriate.
(Added to NRS by 1995, 1512; A 1995, 1513; 1997, 1946, 2678, 2683;
1999, 492 )
1. A law enforcement agency that maintains and uses a list of
operators of tow cars which are called by that agency to provide towing
shall not include an operator of a tow car on the list unless he:
(a) Holds a certificate of public convenience and necessity issued
by the Authority.
(b) Complies with all applicable provisions of this chapter and
chapters 482 and 484 of NRS.
(c) Agrees to respond in a timely manner to requests for towing
made by the agency.
(d) Maintains adequate, accessible and secure storage within the
State of Nevada for any vehicle that is towed.
(e) Complies with all standards the law enforcement agency may
adopt to protect the health, safety and welfare of the public.
(f) Assesses only rates and charges that have been approved by the
Authority for towing services performed without the prior consent of the
owner of the vehicle or the person authorized by the owner to operate the
vehicle.
2. The Authority shall not require that an operator of a tow car
charge the same rate to law enforcement agencies for towing services
performed without the prior consent of the owner of the vehicle or the
person authorized by the owner to operate the vehicle that the operator
charges to other persons for such services.
3. Except as otherwise provided in this subsection, if an operator
of a tow car is included on a list of operators of tow cars that is
maintained and used by the Nevada Highway Patrol pursuant to this
section, the Nevada Highway Patrol shall not remove the operator of the
tow car from the list, or restrict his use pursuant thereto, solely on
the ground that the operator is insured under the same policy of
insurance as one other operator of a tow car who is included on the list
and operates in the same geographical area. An operator of a tow car is
not eligible for inclusion on the list if the operator is insured under
the same policy of insurance as two or more other operators of tow cars
who are included on the list and operate in the same geographical area.
(Added to NRS by 1995, 1512; A 1995, 1513; 1997, 1946, 2678, 2683;
1999, 492 , 1331 )
The Authority may impose an
administrative fine pursuant to subsection 2 of NRS 706.771 on the owner or operator of a tow car who
fails to pay in a timely manner any charge required to be paid by
subsection 2 of NRS 484.631 .
(Added to NRS by 1991, 247; A 1997, 1946)
1. Each owner or operator of a tow car subject to the jurisdiction
of the Authority shall, before commencing to operate or continuing
operation after July 1, 1971, and annually thereafter, pay to the
Authority for each tow car operated, a fee of not more than $36.
2. The fee provided in this section must be paid on or before
January 1 of each year.
3. The initial fee must be reduced one-twelfth for each month
which has elapsed since the beginning of the calendar year before July 1,
1971, for those tow cars lawfully operating on that date or before the
commencement of operation of each tow car commencing operation after July
1, 1971.
4. Any person who fails to pay any fee on or before the date
provided in this section shall pay a penalty of 10 percent of the amount
of the fee plus interest on the amount of the fee at the rate of 1
percent per month or fraction of a month from the date the fee is due
until the date of payment.
(Added to NRS by 1971, 1465; A 1987, 896; 1997, 1946)
The
provisions of NRS 706.445 to 706.451
, inclusive, do not apply to automobile
wreckers who are licensed pursuant to chapter 487 of NRS.
(Added to NRS by 1987, 1605; A 1991, 247; 1995, 1513; 1997, 2678)
Subpoenas; Orders to Cease and Desist
The
Authority may by subpoena require any person believed by it to be subject
to any of the provisions of NRS 706.011
to 706.791 , inclusive, who has not
obtained a required certificate of public convenience and necessity or a
required permit issued in accordance with those sections, to appear
before it with all of his relevant books, papers and records and to
testify concerning the scope, nature and conduct of his business.
(Added to NRS by 1979, 817; A 1995, 2616; 1997, 1947)
1. The district court in and for the county in which any
investigation or hearing is being conducted by the Authority pursuant to
the provisions of this chapter may compel the attendance of witnesses,
the giving of testimony and the production of books and papers as
required by any subpoena issued by the Authority.
2. If any witness refuses to attend or testify or produce any
papers required by such subpoena the Authority may report to the district
court in and for the county in which the investigation or hearing is
pending by petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this chapter; and
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena in the investigation or hearing named in
the subpoena, or has refused to answer questions propounded to him in the
course of such investigation or hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers.
3. The court, upon petition of the Authority, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in such order, the time to be not more than 10 days
from the date of the order, and then and there show cause why he has not
attended or testified or produced the books or papers before the
Authority. A certified copy of the order must be served upon the witness.
If it appears to the court that the subpoena was regularly issued, the
court shall thereupon enter an order that the witness appear at the time
and place fixed in the order and testify or produce the required books or
papers, and upon failure to obey the order the witness must be dealt with
as for contempt of court.
(Added to NRS by 1979, 817; A 1997, 1947)
When:
1. A complaint has been filed with the Authority alleging that any
vehicle is being operated without a certificate of public convenience and
necessity or contract carrier’s permit as required by NRS 706.011 to 706.791 ,
inclusive; or
2. The Authority has reason to believe that any:
(a) Person is advertising to provide:
(1) The services of a fully regulated carrier in intrastate
commerce; or
(2) Towing services,
Ê without including the number of his certificate of public convenience
and necessity or permit in each advertisement; or
(b) Provision of NRS 706.011 to
706.791 , inclusive, is being violated,
Ê the Authority shall investigate the operations or advertising and may,
after a hearing, order the owner or operator of the vehicle or the person
advertising to cease and desist from any operation or advertising in
violation of NRS 706.011 to 706.791
, inclusive. The Authority shall enforce
compliance with the order pursuant to the powers vested in the Authority
by NRS 706.011 to 706.791 , inclusive, or by other law.
(Added to NRS by 1971, 702; A 1989, 211; 1995, 2616; 1997, 1947,
2679; 1999, 492 )
Charter Buses
Each owner or operator of a charter bus which is
not a fully regulated carrier shall:
1. Comply with the provisions of this chapter and any regulations
adopted by the Authority pursuant to this chapter relating to safety;
2. Submit evidence satisfactory to the Authority that the owner or
operator has obtained a liability insurance policy, certificate of
insurance, bond of a surety company or other surety in the time, amount
and form required by the Authority for a common motor carrier of
passengers pursuant to NRS 706.291 ; and
3. Not later than 5 days before beginning operation in this State,
submit to the Authority a copy of its schedule or tariff setting forth
the rates established by the owner or operator. If the owner or operator
intends to make any changes to its schedule or tariff, the owner or
operator shall submit an updated copy of the schedule or tariff to the
Authority not later than 5 days before the date on which those changes
are to become effective. Notwithstanding any provision of this chapter to
the contrary, schedules and tariffs submitted by the owner or operator to
the Authority pursuant to this section, and the rates set forth in those
schedules and tariffs, are not subject to hearing or approval by the
Authority.
(Added to NRS by 2005, 942 )
Limousines
1. An operator of a limousine shall, beginning on July 1, 2003,
and on July 1 of each year thereafter, pay to the Authority a fee of $100
for each limousine that the Authority has authorized the operator to
operate.
2. As used in this section, “limousine” includes:
(a) A livery limousine; and
(b) A traditional limousine.
(Added to NRS by 2003, 3207 )
Taxicab Motor Carriers
1. Each taxicab motor carrier shall, before commencing the
operation defined in NRS 706.126 and
annually thereafter, pay to the Authority for each taxicab which it
operates, including each taxicab it leases pursuant to NRS 706.473 , a fee of not more than $75 as determined by a
regulation of the Authority.
2. The fee provided in this section must be paid on or before
January 1 of each year.
3. The initial fee must be reduced one-twelfth for each month
which has elapsed since the beginning of the calendar year in which
operation is begun.
4. Any person who fails to pay any fee on or before the date
provided in this section shall pay a penalty of 10 percent of the amount
of the fee plus interest on the amount of the fee at the rate of 1
percent per month or fraction of a month from the date the fee is due
until the date of payment.
(Added to NRS by 1971, 702; A 1973, 1839; 1987, 896; 1993, 2650;
1997, 1948)
1. In a county whose population is less than 400,000, a person who
holds a certificate of public convenience and necessity which was issued
for the operation of a taxicab business may, upon approval from the
Authority, lease a taxicab to an independent contractor who does not hold
a certificate of public convenience and necessity. A person may lease
only one taxicab to each independent contractor with whom he enters into
a lease agreement. The taxicab may be used only in a manner authorized by
the lessor’s certificate of public convenience and necessity.
2. A person who enters into a lease agreement with an independent
contractor pursuant to this section shall submit a copy of the agreement
to the Authority for its approval. The agreement is not effective until
approved by the Authority.
3. A person who leases a taxicab to an independent contractor is
jointly and severally liable with the independent contractor for any
violation of the provisions of this chapter or the regulations adopted
pursuant thereto, and shall ensure that the independent contractor
complies with such provisions and regulations.
4. The Authority or any of its employees may intervene in a civil
action involving a lease agreement entered into pursuant to this section.
(Added to NRS by 1993, 2649; A 1997, 1948)
1. The Authority shall adopt such regulations as are necessary to:
(a) Carry out the provisions of NRS 706.473 ; and
(b) Ensure that the taxicab business remains safe, adequate and
reliable.
2. Such regulations must include, without limitation:
(a) The minimum qualifications for an independent contractor;
(b) Requirements related to liability insurance;
(c) Minimum safety standards; and
(d) The procedure for approving a lease agreement and the
provisions that must be included in a lease agreement concerning the
grounds for the revocation of such approval.
(Added to NRS by 1993, 2649; A 1997, 1949)
Impoundment of Vehicles Used in Passenger Service
Except as
otherwise provided in NRS 706.478 :
1. A vehicle used as a taxicab, limousine or other passenger
vehicle in passenger service must be impounded by the Authority if a
certificate of public convenience and necessity has not been issued
authorizing its operation. A hearing must be held by the Authority no
later than the conclusion of the second normal business day after
impoundment, weekends and holidays excluded. As soon as practicable after
impoundment, the Authority shall notify the registered owner of the
vehicle:
(a) That the registered owner of the vehicle must post a bond in
the amount of $20,000 to ensure his presence at all proceedings held
pursuant to this section;
(b) Of the time set for the hearing; and
(c) Of his right to be represented by counsel during all phases of
the proceedings.
2. The Authority shall hold the vehicle until the registered owner
of the vehicle appears and:
(a) Proves that he is the registered owner of the vehicle;
(b) Proves that he holds a valid certificate of public convenience
and necessity;
(c) Proves that the vehicle meets all required standards of the
Authority; and
(d) Posts a bond in the amount of $20,000 with the Authority.
Ê The Authority shall return the vehicle to its registered owner when the
owner meets the requirements of this subsection and pays all costs of
impoundment.
3. If the registered owner is unable to meet the requirements of
paragraph (b) or (c) of subsection 2, the Authority may assess an
administrative fine against the registered owner for each such violation
in the amount of $5,000. The maximum amount of the administrative fine
that may be assessed against a registered owner for a single impoundment
of his vehicle pursuant to this section is $10,000. The Authority shall
return the vehicle after any administrative fine imposed pursuant to this
subsection and all costs of impoundment have been paid.
(Added to NRS by 1997, 1929; A 1999, 1962 )
1. Notwithstanding any provision of NRS 706.011 to 706.791 ,
inclusive, to the contrary, if the registered owner of a vehicle which is
impounded pursuant to NRS 706.476 is a
short-term lessor licensed pursuant to NRS 482.363 who is engaged in the business of renting or
leasing vehicles in accordance with NRS 482.295 to 482.3159 , inclusive, the registered owner is not
liable for any administrative fine or other penalty that may be imposed
by the Authority for the operation of a passenger vehicle in violation of
NRS 706.011 to 706.791 , inclusive, if at the time that the vehicle
was impounded, the vehicle was in the care, custody or control of a
lessee.
2. A short-term lessor may establish that a vehicle was subject to
the care, custody or control of a lessee at the time that the vehicle was
impounded pursuant to NRS 706.476 by
submitting to the Authority a true copy of the lease or rental agreement
pursuant to which the vehicle was leased or rented to the lessee by the
short-term lessor. The submission of a true copy of a lease or rental
agreement is prima facie evidence that the vehicle was in the care,
custody or control of the lessee.
3. Upon the receipt of a true copy of a written lease or rental
agreement pursuant to subsection 2 which evidences that the vehicle
impounded by the Authority pursuant to NRS 706.476 was under the care, custody or control of a
lessee and not the registered owner of the vehicle, the Authority shall
release the vehicle to the short-term lessor.
4. As used in this section, “short-term lessor” has the meaning
ascribed to it in NRS 482.053 .
(Added to NRS by 1999, 1962 )
Licenses and Fees
1. For the purposes of this chapter, the operator of a vehicle
which comes within the provisions of this chapter, whether as a single
vehicle or as part of a fleet, shall be deemed to be the owner of such
vehicle.
2. The lessee and lessor of such a vehicle are jointly and
severally liable for any fees, taxes, penalties or interest owed to the
State under the provisions of this chapter.
(Added to NRS by 1971, 703)
Every person
operating as a common, contract or private motor carrier must, before
commencing operation in this State in any calendar year, secure from the
Department a license and make payments therefor as provided in NRS
706.011 to 706.861 , inclusive, as applicable.
(Added to NRS by 1971, 703; A 1981, 1049; 1989, 1410)
1. Any person has the option, in lieu of causing a motor vehicle
which has a declared gross weight in excess of 26,000 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)
1. The Department of Transportation shall approve an application
for a permit pursuant to the provisions of subsection 5 of NRS 484.739
. The permit must be carried and
displayed in such a manner as the Department determines on every
combination so operating. The permit issued may be transferred from one
combination to another, under such conditions as the Department may by
regulation prescribe, but must not be transferred from one person or
operator to another without prior approval of the Department. The permit
may be used only on motor vehicles regularly licensed pursuant to the
provisions of NRS 482.482 .
2. The annual fee for each permit for a combination of vehicles is
$60 for each 1,000 pounds or fraction thereof of gross weight in excess
of 80,000 pounds. The fee must be reduced one-twelfth for each month that
has elapsed since the beginning of each calendar year, rounded to the
nearest dollar, but must not be less than $50. The annual fee for each
permit for a combination of vehicles not exceeding 80,000 pounds is $10.
The fee must be paid in addition to all other fees required by the
provisions of this chapter.
3. Any person operating a combination of vehicles licensed
pursuant to the provisions of subsection 2 who is apprehended operating a
combination in excess of the gross weight for which the fee in subsection
2 has been paid is, in addition to all other penalties provided by law,
liable for the difference between the fee for the load being carried and
the fee paid, for the full licensing period.
4. Any person apprehended operating a combination of vehicles
without having complied with the provisions of NRS 484.739 and this section is, in addition to all other
penalties provided by law, liable for the payment of the fee which would
be due pursuant to the provisions of subsection 2 for the balance of the
calendar year for the gross load being carried at the time of
apprehension.
5. The holder of an original permit may, upon surrendering the
permit to the Department or upon delivering to the Department a signed
and notarized statement that the permit was lost or stolen and such other
documentation as the Department may require, apply to the Department:
(a) For a refund of an amount equal to that portion of the fees
paid for the permit that is attributable, on a pro rata monthly basis, to
the remainder of the calendar year; or
(b) To have that amount credited against excise taxes due pursuant
to the provisions of chapter 366 of NRS.
(Added to NRS by 1971, 707; A 1979, 1817; 1981, 667; 1983, 1629;
1985, 1845; 1987, 609; 1989, 271, 1411; 1995, 315; 1997, 323; 2003, 406
)
1. Any person who elects to purchase a temporary permit pursuant
to NRS 706.521 in lieu of causing a
vehicle to be licensed pursuant to the provisions of NRS 482.482 or 706.481
shall secure a permit from a vendor authorized to issue those permits
pursuant to NRS 481.051 .
2. If the person will not pass a vendor along his scheduled route,
he shall secure the permit:
(a) Before entering this State; or
(b) From the nearest available vendor to his point of entry into
this State.
3. If the person will pass a vendor along his scheduled route, he
shall secure the permit from the first vendor located along that route.
(Added to NRS by 1971, 707; A 1973, 696; 1987, 610; 1989, 1412;
1995, 316; 1999, 401 )
Where credit is allowed against any subsequent fee for a permit paid
pursuant to the provisions of NRS 706.521 , there is a nonrefundable charge of $5.
(Added to NRS by 1971, 708; A 1987, 610; 1989, 1412; 1995, 316)
The Department
may temporarily waive any fee imposed upon a motor carrier when an
emergency exists requiring expeditious transportation. As used in this
section, “emergency” means a condition requiring action to prevent,
minimize or repair injury and damage resulting from disasters caused by
enemy attack, sabotage or other hostile action, or by fire, flood,
earthquake or other natural causes.
(Added to NRS by 1971, 708; A 1981, 1052)
The
Department may, in its discretion, where a fee or other amount provided
for in NRS 706.011 to 706.861 , inclusive, remains unpaid for more than 15
days and the person liable for it neglects or refuses to pay it for any
reason, direct that a civil action be commenced by the Attorney General
in a court of competent jurisdiction in the proper county for the
recovery of the fee or other amount.
(Added to NRS by 1971, 708; A 1979, 201)
1. If through clerical error the Department collects or receives
any fee, penalty or interest imposed pursuant to the provisions of NRS
706.011 to 706.861 , inclusive, the fee, penalty or interest must
be refunded or credited to the person paying it. Notification stating the
specific grounds therefor must be made within 36 months after the date of
payment, whether the fee, penalty or interest was paid voluntarily or
under protest.
2. Refunds pursuant to the provisions of this section may only be
made for errors such as mistakes in computation, double payments and
similar clerical or ministerial errors. A request for the refund of a fee
based upon the constitutionality or interpretation of a statute must be
made pursuant to the provisions of NRS 706.576 .
3. Refunds must be made to a successor, assignee, estate or heir
of the person if written application is made within the time prescribed.
4. Any amount determined to be refundable by the Department must
be refunded or credited to any amounts then due from the person to whom
the refund is due. A refund must not be made for an amount less than $5.
A credit must be retained until the amount reaches at least $5, at which
time it must be refunded.
5. All amounts refunded pursuant to the provisions of this chapter
must be paid from the Motor Vehicle Fund on claims presented by the
Department, approved by the State Board of Examiners, and paid as other
claims against the State are paid.
(Added to NRS by 1971, 708; A 1973, 705; 1975, 214; 1981, 1052;
1987, 970; 1989, 1412; 1993, 1986)
1. No injunction, writ of mandate or other legal or equitable
process shall issue in any suit, action or proceeding in any court
against this State or any officer thereof to prevent or enjoin the
collection under NRS 706.011 to 706.861
, inclusive, of any fee or other amount
required to be collected.
2. After payment of any such fee or other amount under protest,
duly verified and setting forth the grounds of objection to the legality
thereof, filed with the Department at the time of payment of the fee or
other amount protested, the person making the payment may bring an action
against the State Treasurer in the district court in and for Carson City
for the recovery of the amount so paid under protest.
(Added to NRS by 1971, 709)
1. No action authorized by NRS 706.576 may be instituted more than 90 days after
payment under protest has been made. Failure to bring suit within the 90
days constitutes a waiver of any and all demands against the State on
account of alleged overpayments.
2. No grounds for refund may be considered by the court other than
those set forth in the protest filed at the time of such payment.
(Added to NRS by 1971, 709)
1. If judgment is rendered for the plaintiff, the amount of the
judgment shall first be credited on any fee or other amount due from the
plaintiff under NRS 706.011 to 706.861
, inclusive, and the balance of the
judgment shall be refunded to the plaintiff.
2. On any such judgment, interest shall be allowed at the rate of
6 percent per annum upon the amount ordered to be refunded, from the date
of payment of such amount to the date of allowance of credit on account
of such judgment or to a date preceding the date of the refund warrant by
not more than 30 days, such date to be determined by the Department.
(Added to NRS by 1971, 709)
In any action commenced under NRS 706.566 , a writ of attachment may issue, and no bond
or affidavit previous to the issuing of the attachment shall be required.
(Added to NRS by 1971, 709)
In any action under NRS 706.566 , a
verified claim by the Department showing the delinquency shall be prima
facie evidence of the amount of such obligation, of such delinquency, and
of compliance by the Department with all provisions of this chapter
relating to such obligation.
(Added to NRS by 1971, 709)
Except as otherwise provided in NRS 706.611 :
1. The delinquent fees, interest and penalties constitute a lien
upon and have the effect of an execution duly levied against any vehicle
owned or being purchased by the licensee for the operation of which fees
or other obligations are due pursuant to the provisions of NRS 482.482
or 706.011 to 706.861 ,
inclusive. The lien attaches at the time the vehicle is operated in this
State with fees or other obligations delinquent.
2. In accordance with the provisions of subsections 3 and 4, the
Department may seize and sell any vehicle subject to a lien pursuant to
the provisions of subsection 1.
3. The Department shall, not less than 10 days before the seizure
of a vehicle, give to the registered owner of the vehicle, the legal
owner of the vehicle and to every other person known to be claiming an
interest in the vehicle, notice of the lien and of its intent to seize
and sell the vehicle. The notice shall be deemed effective if sent by
certified mail addressed to the person at his address as it appears on
the records of the Department.
4. Any person who receives notice of the lien may request a
hearing to contest the existence or amount of the lien. If a hearing is
not requested within 10 days after the effective date of the notice, the
Department may seize and sell the vehicle.
(Added to NRS by 1971, 709; A 1989, 1412; 1993, 1987)
The lien shall not be removed until
the fees or other amounts are paid or the vehicle subject to the lien is
sold in payment of the fees or other amounts.
(Added to NRS by 1971, 709)
The lien is paramount to all
private liens or encumbrances of whatever character upon the vehicle and
to the rights of any conditional vendor or any other holder of the legal
title to such vehicle, with the following exceptions:
1. The lien shall not be enforceable against any vehicle which was
transferred in good faith to a bona fide transferee before physical
possession of the vehicle was taken by the State of Nevada pursuant to
the lien.
2. The lien shall be subordinate to any lien of indebtedness
secured by a security agreement which existed against a vehicle prior to
the time when the lien provided by NRS 706.601 attached to such vehicle if:
(a) Such indebtedness was incurred in good faith to secure a
portion of the purchase price of such vehicle;
(b) Such indebtedness is secured by a security agreement perfected
as required by law; and
(c) Such security agreement, whether providing for a purchase money
security interest or otherwise, was not given, directly or indirectly, to
any officer or stockholder of a corporation having the lawful use or
control of such vehicle.
3. Notwithstanding the provisions of subsection 2, the lien
provided by NRS 706.601 shall be
enforceable as to any equity which may remain in a vehicle subject to
such lien after the encumbrance of any security interest has been removed
by repossession and sale of such vehicle by the secured party, but no
such sale, either public or private, may be had unless such secured party
has served, by registered or certified mail, at least 5 days prior to the
date set for sale, notice upon the Director of the Department of the time
and place of such sale. The Department shall notify the secured party, if
the name of the secured party is known to the Department, at the time the
lien attaches to any vehicle, or as soon thereafter as the Department
learns that the lien has attached.
(Added to NRS by 1971, 709)
1. If the ownership of a vehicle subject to the lien provided for
by NRS 706.601 is transferred, whether
by operation of law or otherwise, no certificate of registration or
certificate of title with respect to such vehicle may be issued by the
Department to the transferee or person otherwise entitled thereto until
the Department has issued a certificate that such lien has been removed.
2. No license issued under chapter 706
of NRS with respect to a vehicle which becomes subject to the lien
provided for by NRS 706.601 may be
transferred until the Department has issued a certificate that the lien
has been removed.
(Added to NRS by 1971, 710; A 2003, 479 )
1. If any licensee is delinquent in the payment of any fee or
other amount imposed under NRS 706.011
to 706.861 , inclusive, the Department
may give notice of the amount of such delinquency by registered or
certified mail to all persons having in their possession or under their
control any credits or other personal property belonging to such
licensee, or owing any debts to such licensee at the time of the receipt
by them of such notice. Thereafter any person so notified shall neither
transfer nor make other disposition of such credits, personal property or
debts until the Department has consented to a transfer or disposition, or
until 20 days have elapsed from and after the receipt of such notice.
2. All persons so notified shall, within 5 days after the receipt
of such notice, advise the Department of any such credits, personal
property or debts in their possession, under their control or owing by
them, as the case may be.
(Added to NRS by 1971, 710)
1. For reasonable cause the Department may revoke any license
issued pursuant to this chapter or refuse to issue any license provided
for in this chapter.
2. Before revoking a license, the Department shall send a notice
by registered or certified mail to the licensee at his last known address
ordering him to appear before the Department at a time not less than 10
days after the mailing of such notice and show cause why the license
should not be revoked.
(Added to NRS by 1971, 711)
The remedies of the State provided for in NRS 706.011 to 706.861 ,
inclusive, are cumulative, and no action taken by the Department or
Authority may be construed to be an election on the part of the State or
any of its officers to pursue any remedy under NRS 706.011 to 706.861 ,
inclusive, to the exclusion of any other remedy for which provision is
made in NRS 706.011 to 706.861 , inclusive.
(Added to NRS by 1971, 711; A 1997, 1949)
Transfer of Certificates, Permits and Licenses
1. All motor carriers, other than operators of tow cars, regulated
pursuant to NRS 706.011 to 706.791
, inclusive, to whom the certificates,
permits and licenses provided by NRS 706.011 to 706.791 ,
inclusive, have been issued may transfer them to another carrier, other
than an operator of a tow car, qualified pursuant to NRS 706.011 to 706.791 ,
inclusive, but no such transfer is valid for any purpose until a joint
application to make the transfer has been made to the Authority by the
transferor and the transferee, and the Authority has authorized the
substitution of the transferee for the transferor. No transfer of stock
of a corporate motor carrier subject to the jurisdiction of the Authority
is valid without the prior approval of the Authority if the effect of the
transfer would be to change the corporate control of the carrier or if a
transfer of 15 percent or more of the common stock of the carrier is
proposed.
2. Except as otherwise provided in subsection 3, the Authority
shall fix a time and place for a hearing to be held unless the
application is made to transfer the certificate from a natural person or
partners to a corporation whose controlling stockholders will be
substantially the same person or partners, and may hold a hearing to
consider such an application.
3. The Authority may also dispense with the hearing on the joint
application to transfer if, upon the expiration of the time fixed in the
notice thereof, no protest against the transfer of the certificate or
permit has been filed by or in behalf of any interested person.
4. In determining whether or not the transfer of a certificate of
public convenience and necessity or a permit to act as a contract motor
carrier should be authorized, the Authority shall consider:
(a) The service which has been performed by the transferor and that
which may be performed by the transferee.
(b) Other authorized facilities for transportation in the territory
for which the transfer is sought.
(c) Whether or not the transferee is fit, willing and able to
perform the services of a common or contract motor carrier by vehicle and
whether or not the proposed operation would be consistent with the
legislative policy set forth in NRS 706.151 .
5. Upon a transfer made pursuant to this section, the Authority
may make such amendments, restrictions or modifications in a certificate
or permit as the public interest may require.
6. No transfer is valid beyond the life of the certificate, permit
or license transferred.
(Added to NRS by 1971, 711; A 1971, 949; 1983, 869; 1997, 1949,
2679; 1999, 492 )
Limitations on Hours of Service for Certain Drivers
As used in NRS 706.672 to 706.687 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 706.675 and 706.678
have the meanings ascribed to them in
those sections.
(Added to NRS by 2005, 1351 )
“Commercial motor
vehicle” has the meaning ascribed to it in 49 C.F.R. § 350.105.
(Added to NRS by 2005, 1351 )
“Intrastate driver”
means a driver who operates a commercial motor vehicle exclusively within
this State for a period of 7 or more consecutive days.
(Added to NRS by 2005, 1351 )
1. Except as otherwise provided in NRS 706.687 , a motor carrier shall not allow or require an
intrastate driver to drive, and an intrastate driver shall not drive:
(a) Within any 24-hour period:
(1) More than 12 hours following 10 consecutive hours off
duty; or
(2) For any number of hours after having accrued more than
15 consecutive hours of on-duty time; or
(b) Within any period of 7 consecutive days, after having accrued
70 hours of on-duty time.
2. As used in this section:
(a) “Motor carrier” has the meaning ascribed to it in 49 C.F.R. §
350.105.
(b) “On-duty time” has the meaning ascribed to it in 49 C.F.R. §
395.2.
(Added to NRS by 2005, 1351 )
1. Except as otherwise provided in this section, hours-of-service
limitations do not apply to an intrastate driver if each of the following
conditions is satisfied:
(a) The intrastate driver is transporting property or passengers
during:
(1) A state of emergency or declaration of disaster
proclaimed pursuant to NRS 414.070 ; or
(2) An emergency declared by an elected local governmental
official who is authorized by law to make such a declaration.
(b) The employer of the intrastate driver is a public utility.
(c) The employer of the intrastate driver, within 1 working day
after discovering or otherwise becoming aware of the existence of a
public utility emergency, notifies the Department of Public Safety or
appropriate local governmental officials of:
(1) The fact that a public utility emergency exists; and
(2) The date on which and time at which the public utility
emergency commenced.
Ê The notification required pursuant to this paragraph may be made by
telephone, facsimile, electronic communication or hand delivery of a
written communication.
(d) Within 10 working days after receiving a notification described
in paragraph (c), an elected state or local governmental official, or his
designee, determines and declares that a public utility emergency exists
and that the public utility emergency justifies the transportation of
property or passengers during the emergency to ensure the protection of
public health and safety by way of the restoration of public utility
service or to otherwise provide assistance essential to the public. After
making a declaration as described in this paragraph, the elected state or
local governmental official, or his designee, as applicable, shall ensure
that the declaration is communicated forthwith and without delay to the
public utility which made the notification pursuant to paragraph (c).
2. For the purposes of paragraph (d) of subsection 1:
(a) A declaration by an elected state or local governmental
official, or his designee, as applicable, is retroactive to the date on
which and time at which the public utility emergency commenced, as
communicated in the notification from the relevant public utility, unless
the elected state or local governmental official, or his designee, as
applicable, determines that the public utility emergency commenced on a
different date or at a different time.
(b) If, after receiving a notification described in paragraph (c)
of subsection 1, an elected state or local governmental official, or his
designee, as applicable, fails to make a determination and declaration
within 10 working days:
(1) The elected state or local governmental official, or his
designee, as applicable, shall be deemed to have determined and declared
that a public utility emergency exists and that the public utility
emergency justifies the transportation of property or passengers during
the emergency to ensure the protection of public health and safety by way
of the restoration of public utility service or to otherwise provide
assistance essential to the public; and
(2) The deemed determination and declaration is retroactive
to the date on which and time at which the public utility emergency
commenced, as communicated in the notification from the relevant public
utility.
3. An employer who notifies a public official of the existence of
a public utility emergency as described in subsection 1 shall maintain
documentation of the public utility emergency for 6 months and shall make
such documentation available to a law enforcement officer upon request.
4. The provisions of this section do not apply to the extent that
those provisions:
(a) Are preempted or prohibited by federal law; or
(b) Violate a condition to the receipt of federal money by this
State or a political subdivision of this State.
5. As used in this section:
(a) “Hours-of-service limitations” means:
(1) The limitations set forth in NRS 706.682 ; and
(2) Any limitations set forth in federal law as to the
number of hours that an interstate driver may drive, which limitations
would otherwise be imposed upon intrastate drivers pursuant to
regulations adopted by reference by the Authority, Department of Motor
Vehicles or Department of Public Safety.
(b) “Public utility” has the meaning ascribed to it in NRS 704.020
.
(c) “Public utility emergency” means a natural or man-made
emergency that affects the facilities of a public utility and:
(1) Interrupts delivery of essential services, including,
without limitation, electricity, natural gas, medical care, sewer
service, water service or telecommunications service;
(2) Interrupts delivery of essential supplies, including,
without limitation, food and fuel; or
(3) Otherwise threatens human life or public welfare.
Ê The term includes, without limitation, a tornado, windstorm,
thunderstorm, snowstorm, ice storm, blizzard, drought, mudslide, flood,
high water, earthquake, forest fire, explosion or power outage.
(Added to NRS by 2005, 1351 )
1. Except as otherwise provided in NRS 706.672 to 706.687 ,
inclusive, the owner or operator of a motor vehicle to which any
provisions of NRS 706.011 to 706.861
, inclusive, apply, carrying passengers
or property on any highway in the State of Nevada shall not require or
permit any driver of the motor vehicle to drive it in any one period
longer than the time permitted for that period by the order of the
Authority or the Department.
2. In addition to other persons so required, the Labor
Commissioner shall enforce the provisions of this section.
(Added to NRS by 1971, 718; A 1985, 871; 1997, 1954; 2005, 1353
)—(Substituted in revision for NRS 706.776)
Exemptions
1. Except as otherwise provided in subsection 2, the provisions of
NRS 706.011 to 706.791 , inclusive, do not apply to:
(a) The transportation by a contractor licensed by the State
Contractors’ Board of his own equipment in his own vehicles from job to
job.
(b) Any person engaged in transporting his own personal effects in
his own vehicle, but the provisions of this subsection do not apply to
any person engaged in transportation by vehicle of property sold or to be
sold, or used by him in the furtherance of any commercial enterprise
other than as provided in paragraph (d), or to the carriage of any
property for compensation.
(c) Special mobile equipment.
(d) The vehicle of any person, when that vehicle is being used in
the production of motion pictures, including films to be shown in
theaters and on television, industrial training and educational films,
commercials for television and video discs and tapes.
(e) A private motor carrier of property which is used for any
convention, show, exhibition, sporting event, carnival, circus or
organized recreational activity.
(f) A private motor carrier of property which is used to attend
livestock shows and sales.
2. Unless exempted by a specific state statute or a specific
federal statute, regulation or rule, any person referred to in subsection
1 is subject to:
(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171
and NRS 706.235 to 706.256 ,
inclusive, 706.281 , 706.457 and 706.458 .
(b) All rules and regulations adopted by reference pursuant to
paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.
(c) All standards adopted by regulation pursuant to NRS 706.173
.
3. The provisions of NRS 706.311
to 706.453 , inclusive, 706.471 , 706.473 ,
706.475 and 706.6411 which authorize the Authority to issue:
(a) Except as otherwise provided in paragraph (b), certificates of
public convenience and necessity and contract carriers’ permits and to
regulate rates, routes and services apply only to fully regulated
carriers.
(b) Certificates of public convenience and necessity to operators
of tow cars and to regulate rates for towing services performed without
the prior consent of the owner of the vehicle or the person authorized by
the owner to operate the vehicle apply to operators of tow cars.
4. Any person who operates pursuant to a claim of an exemption
provided by this section but who is found to be operating in a manner not
covered by any of those exemptions immediately becomes liable, in
addition to any other penalties provided in this chapter, for the fee
appropriate to his actual operation as prescribed in this chapter,
computed from the date when that operation began.
(Added to NRS by 1971, 715; A 1979, 816, 1079; 1981, 1053; 1983,
1630; 1985, 2130; 1987, 1356, 1865; 1995, 2617; 1997, 1950, 2680; 1999,
492 )
1. An owner or operator of a motor vehicle that is used for the
transportation of passengers or property is not subject to the provisions
of this chapter governing fully regulated carriers if:
(a) The owner or operator of the motor vehicle:
(1) Holds a nonrestricted license and is a resort hotel;
(2) Is not in the business of transporting passengers or
property;
(3) Does not charge a fee for transporting passengers or
property;
(4) Provides transportation only to its customers, guests,
casino hosts, key employees, officers and directors; and
(5) Marks the vehicle with the owner’s or operator’s name or
logo, which must be at least 2 inches in height and be visible from a
distance of at least 50 feet; and
(b) The use of the motor vehicle is related to the business of the
resort hotel for which the nonrestricted license was issued.
2. An owner or operator of a motor vehicle specified in subsection
1 shall regularly inspect the motor vehicle and maintain a record of the
inspection for at least 3 years after the date of the inspection. Each
record maintained pursuant to this subsection must be made available for
inspection or audit by the Authority or its designee at any time during
regular business hours.
3. As used in this section:
(a) “Nonrestricted license” has the meaning ascribed to it in NRS
463.0177 ; and
(b) “Resort hotel” has the meaning ascribed to it in NRS 463.01865
.
(Added to NRS by 2005, 1930 )
386 and
706.421 ; exemption of certain carriers
and public entities from requirement to obtain certificate of public
convenience and necessity; conditions and limitations on exemptions.
1. The provisions of NRS 706.386
and 706.421 do not apply to:
(a) Ambulances;
(b) Hearses; or
(c) Common motor carriers or contract motor carriers that are
providing transportation services pursuant to a contract with the
Department of Health and Human Services entered into pursuant to NRS
422.2705 .
2. A common motor carrier that enters into an agreement for the
purchase of its service by an incorporated city, county or regional
transportation commission is not required to obtain a certificate of
public convenience and necessity to operate a system of public transit
consisting of:
(a) Regular routes and fixed schedules;
(b) Nonemergency medical transportation of persons to facilitate
their use of a center as defined in NRS 435.170 , if the transportation is available upon
request and without regard to regular routes or fixed schedules;
(c) Nonmedical transportation of disabled persons without regard to
regular routes or fixed schedules; or
(d) In a county whose population is less than 100,000 or an
incorporated city within such a county, nonmedical transportation of
persons if the transportation is available by reservation 1 day in
advance of the transportation and without regard to regular routes or
fixed schedules.
3. Under any agreement for a system of public transit that
provides for the transportation of passengers that is described in
subsection 2:
(a) The public entity shall provide for any required safety
inspections; or
(b) If the public entity is unable to do so, the Authority shall
provide for any required safety inspections.
4. In addition to the requirements of subsection 3, under an
agreement for a system of public transit that provides for the
transportation of passengers that is described in:
(a) Paragraph (a) of subsection 2, the public entity shall
establish the routes and fares.
(b) Paragraph (c) or (d) of subsection 2, the common motor carrier:
(1) May provide transportation to any passenger who can
board a vehicle with minimal assistance from the operator of the vehicle.
(2) Shall not offer medical assistance as part of its
transportation service.
5. A nonprofit carrier of elderly or disabled persons is not
required to obtain a certificate of public convenience and necessity to
operate as a common motor carrier of such passengers only, but such a
carrier is not exempt from inspection by the Authority to determine
whether its vehicles and their operation are safe.
6. An incorporated city, county or regional transportation
commission is not required to obtain a certificate of public convenience
and necessity to operate a system of public transportation.
7. Before an incorporated city or a county enters into an
agreement with a common motor carrier for a system of public transit that
provides for the transportation of passengers that is described in
paragraph (c) or (d) of subsection 2 in an area of the incorporated city
or an area of the county, it must determine that:
(a) There are no other common motor carriers of passengers who are
authorized to provide such services in that area; or
(b) Although there are other common motor carriers of passengers
who are authorized to provide such services in the area, the common motor
carriers of passengers do not wish to provide, or are not capable of
providing, such services.
(Added to NRS by 1995, 2611; A 1997, 652, 1951; 1999, 2172 ; 2005, 736 )
1. The Authority may issue a permit, valid for 1 year after the
date of issuance, to an employer to transport his employees between their
place of work and their homes or one or more central parking areas if the
employer files an application, on a form provided by the Authority,
showing:
(a) The name of the employer;
(b) The places where employees will be picked up and discharged,
including the location of their place of work;
(c) Identification of each vehicle to be used and certification
that it is owned or the subject of a long-term lease by the employer;
(d) That each vehicle is registered to and operated by the
employer; and
(e) Any charge which will be made for the service.
2. The employer must pay a fee of $10 for each vehicle which he
will regularly use to transport his employees.
3. The employer must charge no fare for the use of the service, or
no more than an amount required to amortize the cost of the vehicle and
defray the cost of operating it.
4. The Authority shall renew the permit upon receipt of a fee of
$10 per vehicle regularly used to transport employees.
(Added to NRS by 1979, 1003; A 1991, 2038; 1995, 2618; 1997, 1951)
Violations and Penalties
1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage
to which the provisions of NRS 706.011
to 706.861 , inclusive, apply without
first obtaining a certificate, permit or license, or in violation of the
terms thereof;
(b) Fails to make any return or report required by the provisions
of NRS 706.011 to 706.861 , inclusive, or by the Authority or the
Department pursuant to the provisions of NRS 706.011 to 706.861 ,
inclusive;
(c) Violates, or procures, aids or abets the violating of, any
provision of NRS 706.011 to 706.861
, inclusive;
(d) Fails to obey any order, decision or regulation of the
Authority or the Department;
(e) Procures, aids or abets any person in his failure to obey such
an order, decision or regulation of the Authority or the Department;
(f) Advertises, solicits, proffers bids or otherwise holds himself
out to perform transportation as a common or contract carrier in
violation of any of the provisions of NRS 706.011 to 706.861 ,
inclusive;
(g) Advertises as providing:
(1) The services of a fully regulated carrier; or
(2) Towing services,
Ê without including the number of his certificate of public convenience
and necessity or contract carrier’s permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate,
concession or discrimination in violation of the provisions of this
chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat
the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have
the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate,
permit, license or identifying device, knowing it to be fictitious or to
have been cancelled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled
thereto any certificate, permit, license or identifying device issued to
the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the Authority or Department
any certificate, permit, license or identifying device which has been
suspended, cancelled or revoked pursuant to the provisions of this
chapter,
Ê is guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than $100 nor more than $1,000, or by
imprisonment in the county jail for not more than 6 months, or by both
fine and imprisonment.
2. Any person who, in violation of the provisions of NRS 706.386
, operates as a fully regulated common
motor carrier without first obtaining a certificate of public convenience
and necessity or any person who, in violation of the provisions of NRS
706.421 , operates as a contract motor
carrier without first obtaining a permit is guilty of a misdemeanor and
shall be punished:
(a) For a first offense within a period of 12 consecutive months,
by a fine of not less than $500 nor more than $1,000. In addition to the
fine, the person may be punished by imprisonment in the county jail for
not more than 6 months.
(b) For a second offense within a period of 12 consecutive months
and for each subsequent offense that is committed within a period of 12
consecutive months of any prior offense under this subsection, by a fine
of $1,000. In addition to the fine, the person may be punished by
imprisonment in the county jail for not more than 6 months.
3. Any person who, in violation of the provisions of NRS 706.386
, operates or permits the operation of a
vehicle in passenger service without first obtaining a certificate of
public convenience and necessity is guilty of a gross misdemeanor.
4. If a law enforcement officer witnesses a violation of any
provision of subsection 2 or 3, the law enforcement officer may cause the
vehicle to be towed immediately from the scene and impounded in
accordance with NRS 706.476 .
5. The fines provided in this section are mandatory and must not
be reduced under any circumstances by the court.
6. Any bail allowed must not be less than the appropriate fine
provided for by this section.
(Added to NRS by 1971, 716; A 1979, 919; 1981, 1031; 1985, 333;
1987, 2258; 1989, 211, 1413; 1995, 2618; 1997, 1543, 1952, 2681, 2990;
1999, 626 , 627 , 1963 ; 2003, 3209 ; 2005, 942 )
1. It is unlawful for any person to advertise services for which a
certificate of public convenience and necessity or a contract carrier’s
permit is required pursuant to NRS 706.011 to 706.791 ,
inclusive, unless the person has been issued such a certificate or permit.
2. If, after notice and a hearing, the Authority determines that a
person has engaged in advertising in a manner that violates the
provisions of this section, the Authority may, in addition to any
penalty, punishment or disciplinary action authorized by the provisions
of NRS 706.011 to 706.791 , inclusive, issue an order to the person to
cease and desist the unlawful advertising and to:
(a) Cause any telephone number included in the advertising, other
than a telephone number to a provider of paging services, to be
disconnected.
(b) Request the provider of paging services to change the number of
any beeper which is included in the advertising or disconnect the paging
services to such a beeper, and to inform the provider of paging services
that the request is made pursuant to this section.
3. If a person fails to comply with paragraph (a) of subsection 2
within 5 days after the date that he receives an order pursuant to
subsection 2, the Authority may request the Commission to order the
appropriate provider of telephone service to disconnect any telephone
number included in the advertisement, except for a telephone number to a
provider of paging services. If a person fails to comply with paragraph
(b) of subsection 2 within 5 days after the date he receives an order
pursuant to subsection 2, the Authority may request the provider of
paging services to switch the beeper number or disconnect the paging
services provided to the person, whichever the provider deems appropriate.
4. If the provider of paging services receives a request from a
person pursuant to subsection 2 or a request from the Authority pursuant
to subsection 3, it shall:
(a) Disconnect the paging service to the person; or
(b) Switch the beeper number of the paging service provided to the
person.
Ê If the provider of paging services elects to switch the number pursuant
to paragraph (b), the provider shall not forward or offer to forward the
paging calls from the previous number, or provide or offer to provide a
recorded message that includes the new beeper number.
5. As used in this section:
(a) “Advertising” includes, but is not limited to, the issuance of
any sign, card or device, or the permitting or allowing of any sign or
marking on a motor vehicle, in any building, structure, newspaper,
magazine or airway transmission, on the Internet or in any directory
under the listing of “fully regulated carrier” with or without any
limiting qualifications.
(b) “Beeper” means a portable electronic device which is used to
page the person carrying it by emitting an audible or a vibrating signal
when the device receives a special radio signal.
(c) “Provider of paging services” means an entity, other than a
public utility, that provides paging service to a beeper.
(d) “Provider of telephone service” has the meaning ascribed to it
in NRS 707.355 .
(Added to NRS by 2003, 3207 )
1. Any agent or person in charge of the books, accounts, records,
minutes or papers of any private, common or contract motor carrier or
broker of any of these services who refuses or fails for a period of 30
days to furnish the Authority or Department with any report required by
either or who fails or refuses to permit any person authorized by the
Authority or Department to inspect such books, accounts, records, minutes
or papers on behalf of the Authority or Department is liable to a penalty
in a sum of not less than $300 nor more than $500. The penalty may be
recovered in a civil action upon the complaint of the Authority or
Department in any court of competent jurisdiction.
2. Each day’s refusal or failure is a separate offense, and is
subject to the penalty prescribed in this section.
(Added to NRS by 1971, 717; A 1979 191; 1995, 2619; 1997, 1953,
2682; 1999, 492 )
1. It is unlawful for any fully regulated carrier or operator of a
tow car to charge, demand, collect or receive a greater or less
compensation for any service performed by it within this State or for any
service in connection therewith than is specified in its fare, rates,
joint rates, charges or rules and regulations on file with the Authority,
or to demand, collect or receive any fare, rate or charge not specified.
The rates, tolls and charges named therein are the lawful rates, tolls
and charges until they are changed as provided in this chapter.
2. It is unlawful for any fully regulated carrier or operator of a
tow car to grant any rebate, concession or special privilege to any
person which, directly or indirectly, has or may have the effect of
changing the rates, tolls, charges or payments.
3. Any violation of the provisions of this section subjects the
violator to the penalty prescribed in NRS 706.761 .
(Added to NRS by 1971, 717; A 1987, 2259; 1995, 2619; 1997, 1953,
2682; 1999, 492 )
1. Any person or any agent or employee thereof, who violates any
provision of this chapter, any lawful regulation of the Authority or any
lawful tariff on file with the Authority or who fails, neglects or
refuses to obey any lawful order of the Authority or any court order for
whose violation a civil penalty is not otherwise prescribed is liable to
a penalty of not more than $10,000 for any violation. The penalty may be
recovered in a civil action upon the complaint of the Authority in any
court of competent jurisdiction.
2. If the Authority does not bring an action to recover the
penalty prescribed by subsection 1, the Authority may impose an
administrative fine of not more than $10,000 for any violation of a
provision of this chapter or any rule, regulation or order adopted or
issued by the Authority or Department pursuant to the provisions of this
chapter. A fine imposed by the Authority may be recovered by the
Authority only after notice is given and a hearing is held pursuant to
the provisions of chapter 233B of NRS.
3. All administrative fines imposed and collected by the Authority
pursuant to subsection 2 are payable to the State Treasurer and must be
credited to a separate account to be used by the Authority to enforce the
provisions of this chapter.
4. A penalty or fine recovered pursuant to this section is not a
cost of service for purposes of rate making.
(Added to NRS by 1971, 717; A 1975, 1162; 1989, 443; 1995, 2620;
1997, 1953, 2682; 1999, 492 )
[Replaced in revision by NRS 706.692 .]
The Authority and its inspectors
may, upon halting a person for a violation of the provisions of NRS
706.386 or 706.421 , move his vehicle or cause it to be moved to
the nearest garage or other place of safekeeping until it is removed in a
manner which complies with the provisions of this chapter.
(Added to NRS by 1985, 332; A 1997, 1954)
In addition to all the
other remedies provided by NRS 706.011
to 706.861 , inclusive, for the
prevention and punishment of any violation of the provisions thereof and
of all orders of the Authority or the Department, the Authority or the
Department may compel compliance with the provisions of NRS 706.011
to 706.861 , inclusive, and with the orders of the
Authority or the Department by proceedings in mandamus, injunction or by
other civil remedies.
(Added to NRS by 1971, 718; A 1989, 212; 1997, 1954)
Additional Assessments of Fees
1. If the Department is not satisfied with the records or
statements of, or with the amount of fees paid by, any person pursuant to
the provisions of NRS 706.011 to
706.861 , inclusive, it may make an
additional or estimated assessment of fees due from that person based
upon any information available to it.
2. Every additional or estimated assessment bears interest at the
rate of 1 percent per month, or fraction thereof, from the date the fees
were due until they are paid.
3. If an assessment is imposed, a penalty of 10 percent of the
amount of the assessment must be added thereto. If any part of the
deficiency is found to be caused by fraud or an intent to evade the
provisions of this chapter or the regulations adopted pursuant to this
chapter, a penalty of 25 percent of the amount of the assessment must be
added thereto.
4. The Department shall give the person written notice of the
assessment. The notice may be served personally or by mail in the manner
prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to
the person at his address as it appears in the records of the Department.
Every notice of assessment must be served within 36 months after the end
of the registration year for which the additional assessment is imposed.
5. If any person refuses or fails to make available to the
Department, upon request, such records, reports or other information as
determined by the Department to be necessary to enable it to determine
that the amount of taxes and fees paid by that person is correct, the
assessment made pursuant to the provisions of this section is presumed to
be correct and the burden is upon the person challenging the assessment
to establish that it is erroneous.
6. Any person against whom an assessment has been made pursuant to
the provisions of this section may petition the Department in writing for
a redetermination within 30 days after service of the notice. If a
petition is not filed with the Department within that period, the
assessment becomes final.
7. If a petition for redetermination is filed within 30 days, the
Department shall reconsider the assessment and send the petitioner, by
certified mail, notice of its decision and the reasons therefor. A
petitioner aggrieved by the Department’s decision may appeal the decision
by submitting a written request to the Department for a hearing not later
than 30 days after notice of the decision was mailed by the Department.
The Department shall schedule an administrative hearing and provide the
petitioner with 10 days’ notice of the time and place of the hearing. The
Department may continue the hearing as may be necessary.
8. The order of the Department upon a petition becomes final 30
days after service of notice thereof. If an assessment is not paid on or
before the date it becomes final, there must be added thereto in addition
to any other penalty provided for in this chapter a penalty of 10 percent
of the amount of the assessment.
9. Every remittance in payment of an assessment is payable to the
Department.
(Added to NRS by 1971, 718; A 1973, 705; 1987, 970; 1989, 1414;
1993, 1987; 1995, 316)
APPORTIONMENT OF FEES FOR INTERSTATE USERS OF HIGHWAYS
NRS 706.801 to 706.861 ,
inclusive, shall be known as the Interstate Highway User Fee
Apportionment Act.
(Added to NRS by 1971, 719)
As used in NRS 706.801 to 706.861 ,
inclusive, unless the context otherwise requires:
1. “Country” includes any political subdivision thereof.
2. “Department” means the Department of Motor Vehicles.
3. “Fee” means each fee for registration and tax imposed by this
State, except motor vehicle fuel taxes and motor carrier licensing fees.
4. “Mileage” includes mileage in this State and in all other
states and countries.
5. “Motor vehicle” includes every motor vehicle with a declared
gross weight in excess of 26,000 pounds required to be registered under
the laws of this State.
6. “Operator” includes the owner or operator of any motor vehicle.
7. “Plan” means a plan adopted by any state or country for the
proration of fees on a basis to effectuate the principles set forth in
NRS 706.826 .
8. “State” includes the states of the United States, the District
of Columbia and the territories of the United States.
9. “Vehicle” includes every vehicle of a type required to be
registered under the laws of this State.
(Added to NRS by 1971, 719; A 1975, 336; 1981, 1053; 1985, 1451,
1846; 1989, 1415; 2001, 2637 )
The Legislature
declares that in adopting NRS 706.801
to 706.861 , inclusive, it adheres to
the principle that each state should have the freedom to develop the kind
of highway user tax structure that it determines to be most appropriate
to itself, and that the method of taxation of interstate vehicles should
not be a determining factor in developing its user tax structure.
(Added to NRS by 1971, 719)
801 to 706.861 ,
inclusive. The provisions of NRS 706.801 to 706.861 ,
inclusive, do not apply to:
1. Vehicles which are exempt from special fuel tax requirements
under NRS 366.221 .
2. Vehicles having a declared gross weight of 26,000 pounds or
less, except that such vehicles are eligible for apportionment under the
provisions of this chapter upon application by the operator.
(Added to NRS by 1977, 381; A 1985, 1847)
801 to 706.861 ,
inclusive. NRS 706.801 to 706.861
, inclusive, must be so interpreted as
to effectuate their general purpose to make uniform the laws of those
states and countries which enact them or any law comparable to them.
(Added to NRS by 1971, 719; A 1985, 1451)
In
carrying out NRS 706.801 to 706.861
, inclusive, each Department shall have
power to make rules and regulations.
(Added to NRS by 1971, 720)
In carrying out NRS 706.801 to 706.861 ,
inclusive, each Department of this State may enter into agreements with
the departments or appropriate agencies of this or any other state or
country to provide for any or all of the following:
1. For the exemption from the plan of certain classes of vehicles
either on the basis of type, extent or frequency of operations and, when
also deemed advisable, for their total or partial exemption from the fees
for registration or taxes or both upon the conditions set forth in the
agreement, all as found to be in the interest of this State, the
facilitating of this plan, or of the facilitating of the operation of
vehicles between this and the other contracting state or country.
2. For the reports and records required pursuant to NRS 706.801
to 706.861 , inclusive, or any regulations made pursuant
thereto to be uniform with the reports and records required by the other
contracting state or country, but this does not prevent any Department
from requiring additional information from any operator subject to NRS
706.801 to 706.861 , inclusive.
3. For the joint audit of the reports and records of any operator
subject to NRS 706.801 to 706.861
, inclusive, the reports and records of
any such operator and the Department may be disclosed to the extent
necessary for this purpose.
4. For the use of a plate, license, emblem, certificate or other
device of this or any other state or country, for the identification of
vehicles subject to the plan.
5. For putting the plan into effect between this and any other
state or country.
(Added to NRS by 1971, 720; A 1985, 1451)
Each fee required to
be paid by the provisions of NRS 706.801 to 706.861 ,
inclusive, is payable to the Department.
(Added to NRS by 1971, 720; A 1985, 2001; 1989, 1415)
1. Each operator shall qualify to operate pursuant to the
provisions of NRS 706.801 to 706.861
, inclusive, by filing an application
for that purpose with the Department before the time any fee becomes
delinquent.
2. The application must:
(a) Show the total mileage of motor vehicles operated by the person
in this State and all states and countries during the next preceding 12
months ending June 30 and describe and identify each motor vehicle to be
operated during the period of registration in such detail as the
Department may require.
(b) Be accompanied by a fee, unless the Department is satisfied
that the fee is secured, to be computed as follows:
(1) Divide the number of in-state miles by the total number
of fleet miles;
(2) Determine the total amount of money necessary to
register each motor vehicle in the fleet for which registration is
requested; and
(3) Multiply the amount determined under subparagraph (2) by
the fraction obtained pursuant to subparagraph (1).
(Added to NRS by 1971, 720; A 1981, 1054; 1985, 1452, 1847, 2001;
1989, 1416; 1993, 1988; 2001, 2638 )
Upon the payment of all fees required pursuant to the
provisions of NRS 706.801 to 706.861
, inclusive, or upon being satisfied
that the fee is secured and upon compliance with the laws of this State
in order to register the vehicles, the Department shall register them,
and issue plates, licenses, emblems, certificates or other devices for
the vehicles in the same manner as otherwise provided by law.
(Added to NRS by 1971, 721; A 1973, 700; 1977, 381; 1985, 1453,
2002; 1989, 1416; 2001, 2638 )
If any vehicle in a fleet is first registered
after the final date for the annual payment of fees under the laws of
this State as they exist without NRS 706.801 to 706.861 ,
inclusive, such vehicles shall pay fees in the amount provided by law for
the then registration of the vehicle, in the manner provided in NRS
706.841 , and such vehicle shall after
registration be treated for all purposes as otherwise provided for
vehicles of a fleet.
(Added to NRS by 1971, 721)
Mileage proportions for a
fleet not registered in this State as a fleet during the preceding year
must be determined by the Department with which the vehicle is registered
upon the application of the applicant on forms to be supplied by the
Department, which must show the operations of the fleet during the
preceding year in such detail as the Department may require and the
estimated operation in this State in the current year or, if no
operations were conducted during the preceding year, the estimated
operation in this State for the current year.
(Added to NRS by 1971, 722; A 1981, 1055)
REGULATIONS FOR OPERATION OF TAXICABS IN CERTAIN COUNTIES
General Provisions
8811 to 706.885 ,
inclusive.
1. The provisions of NRS 706.8811 to 706.885 ,
inclusive, apply to any county:
(a) Whose population is 400,000 or more; or
(b) For whom regulation by the Taxicab Authority is not required,
if the board of county commissioners of the county has enacted an
ordinance approving the inclusion of the county within the jurisdiction
of the Taxicab Authority.
2. Upon receipt of a certified copy of such an ordinance from a
county for whom regulation by the Taxicab Authority is not required, the
Taxicab Authority shall exercise its regulatory authority pursuant to NRS
706.8811 to 706.885 , inclusive, within that county.
3. Within any such county, the provisions of this chapter which
confer regulatory authority over taxicab motor carriers upon the
Transportation Services Authority do not apply.
(Added to NRS by 1969, 1248; A 1969, 1545; 1977, 746; 1979, 559,
936; 1981, 2052; 1991, 1959; 1997, 1954; 2001, 1233 )
As used in NRS 706.881 to 706.885 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 706.8812 to 706.8817
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1969, 1239; A 1979, 936; 1991, 1960)
“Administrator” means the
Taxicab Administrator or any authorized agent of the Taxicab
Administrator.
(Added to NRS by 1969, 1239)
“Certificate holder”
means a person who holds a current certificate of public convenience and
necessity which was issued for the operation of a taxicab business by:
1. The Public Service Commission of Nevada before July 1, 1981,
and which has not been transferred, revoked or suspended by the
Transportation Services Authority, the Taxicab Authority or the Public
Utilities Commission of Nevada, or by operation of law; or
2. The Taxicab Authority and which has not been transferred,
revoked or suspended by the Taxicab Authority or by operation of law.
(Added to NRS by 1969, 1239; A 1975, 1325; 1977, 746; 1981, 2052;
1997, 1955)
“Driver” means an individual who
operates a taxicab and includes a certificate holder when he operates a
taxicab.
(Added to NRS by 1969, 1239)
1. “Taxicab” means a motor vehicle or vehicles which is designed
or constructed to accommodate and transport not more than six passengers,
including the driver, and is:
(a) Fitted with a taximeter or other device to indicate and
determine the passenger fare charged;
(b) Used in the transportation of passengers or light express or
both for which a charge or fee is received; or
(c) Operated in any service which is held out to the public as
being available for the transportation of passengers from place to place
in the State of Nevada.
2. “Taxicab” does not include a motor vehicle of:
(a) A common motor carrier.
(b) A contract motor carrier which operates along fixed routes.
(c) An employer who operates the vehicle for the transportation of
his employees, whether or not the employees pay for the transportation.
(Added to NRS by 1969, 1240; A 1979, 631, 1004)
“Taximeter” means an instrument
used in a taxicab for indicating the passenger fare charged.
(Added to NRS by 1969, 1240)
Taxicab Authority
1. The Taxicab Authority, consisting of five members appointed by
the Governor, is hereby created. Except as otherwise provided in NRS
232A.020 , the term of each member is
3 years and no member may serve for more than 6 years. No more than three
members may be members of the same political party, and no elected
officer of the State or any political subdivision is eligible for
appointment.
2. Each member of the Taxicab Authority is entitled to receive a
salary of not more than $80, as fixed by the Authority, for each day
actually employed on work of the Authority.
3. While engaged in the business of the Taxicab Authority, each
member and employee of the Authority is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
4. The Taxicab Authority shall maintain its principal office in
the county or area of the State where it performs most of its regulatory
activity.
5. The Taxicab Authority may adopt appropriate regulations for the
administration and enforcement of NRS 706.881 to 706.885 ,
inclusive, and, as it may deem necessary, for the conduct of the taxicab
business and for the qualifications of and the issuance of permits to
taxicab drivers, not inconsistent with the provisions of NRS 706.881
to 706.885 , inclusive. The regulations may include
different provisions to allow for differences among the counties to which
NRS 706.881 to 706.885 , inclusive, apply. Local law enforcement
agencies and the Nevada Highway Patrol, upon request of the Authority,
may assist in enforcing the provisions of NRS 706.881 to 706.885 ,
inclusive, and regulations adopted pursuant thereto.
6. Except to the extent of any inconsistency with the provisions
of NRS 706.881 to 706.885 , inclusive, every regulation and order issued
by the Transportation Services Authority remains effective in a county to
which those sections apply until modified or rescinded by the Taxicab
Authority, and must be enforced by the Taxicab Authority.
(Added to NRS by 1969, 1240; A 1971, 582; 1973, 564; 1977, 100,
1264; 1979, 936; 1981, 1996, 2052; 1987, 1317; 1989, 1722; 1997, 1955;
2003, 1403 )
1. The Taxicab Authority shall adopt regulations establishing a
program for the transportation by taxicab of elderly persons and
permanently handicapped persons.
2. The program must require the Administrator to establish,
maintain and make known a telephone number for elderly persons and
permanently handicapped persons to register complaints regarding
transportation by taxicab.
3. The program must require a certificate holder to inform a
person who requests transportation by taxicab within the area allocated
to the certificate holder and who identifies himself as an elderly person
or a permanently handicapped person of the:
(a) Estimated time of arrival of the requested taxicab; and
(b) Telephone number maintained by the Administrator pursuant to
subsection 2.
(Added to NRS by 2001, 1232 )
1. When the Taxicab Authority has reason to believe that any
provision of NRS 706.881 to 706.885
, inclusive, is being violated, the
Taxicab Authority shall investigate the alleged violation. After a
hearing the Taxicab Authority may issue an order requiring that the
certificate holder cease and desist from any action that is in violation
of NRS 706.881 to 706.885 , inclusive.
2. The Taxicab Authority shall enforce an order issued pursuant to
subsection 1 in accordance with the provisions of NRS 706.881 to 706.885 ,
inclusive.
(Added to NRS by 1991, 1959)
1. The Taxicab Authority shall conduct hearings and make final
decisions in the following matters:
(a) Applications to adjust, alter or change the rates, charges or
fares for taxicab service;
(b) Applications for certificates of public convenience and
necessity to operate a taxicab service;
(c) Applications requesting authority to transfer any existing
interest in a certificate of public convenience and necessity or in a
corporation that holds a certificate of public convenience and necessity
to operate a taxicab business;
(d) Applications to change the total number of allocated taxicabs
in a county to which NRS 706.881 to
706.885 , inclusive, apply; and
(e) Appeals from final decisions of the Administrator made pursuant
to NRS 706.8822 .
2. An appeal from the final decision of the Taxicab Authority must
be made to the Transportation Services Authority.
(Added to NRS by 1969, 1241; A 1977, 746; 1991, 1960; 1997, 1955)
Taxicab Administrator
1. The Director of the Department of Business and Industry shall
appoint a Taxicab Administrator from a list of three names submitted to
him by the Taxicab Authority. The Administrator serves at the pleasure of
the Director. The Administrator is in the unclassified service of the
State.
2. The Taxicab Authority may remove the Administrator for good
cause shown.
3. Except as otherwise provided in NRS 284.143 , the Taxicab Administrator shall devote his
entire time and attention to the business of his office and shall not
pursue any other business or occupation or hold any other office of
profit.
(Added to NRS by 1969, 1240; A 1971, 582, 1444; 1979, 937; 1981,
1286; 1993, 1926; 1995, 2318)
1. The Administrator is responsible for the control and regulation
of the taxicab industry in any county to which NRS 706.881 to 706.885 ,
inclusive, apply and for the administration of NRS 706.881 to 706.885 ,
inclusive.
2. The Administrator shall appoint:
(a) One accountant and such auditors as are necessary to enable the
Administrator to perform his official functions properly; and
(b) Such other employees as are necessary to enable the
Administrator to perform his official functions properly.
(Added to NRS by 1969, 1240; A 1971, 582; 1977, 747; 1991, 1960;
1993, 2542)
The Administrator shall
conduct administrative hearings and make final decisions, subject to
appeal by any aggrieved party to the Taxicab Authority, in the following
matters:
1. Any violation relating to the issuance of or transfer of
license plates for motor carriers required by either the Taxicab
Authority or the Department of Motor Vehicles;
2. Complaints against certificate holders;
3. Complaints against taxicab drivers;
4. Applications for, or suspension or revocation of, drivers’
permits which may be required by the Administrator; and
5. Imposition of monetary penalties.
(Added to NRS by 1969, 1241; A 1979, 937; 1985, 2002; 2001, 2638
)
1. Whenever the Taxicab Authority or the Administrator is
authorized or required by law to conduct a hearing, the Administrator may
issue subpoenas requiring the attendance of witnesses before the
Authority or the Administrator, respectively, together with all books,
memoranda, papers and other documents relative to the matters for which
the hearing is called and take depositions within or without the State,
as the circumstances of the case may require.
2. The district court in and for the county in which any hearing
is being conducted may compel the attendance of witnesses, the giving of
testimony and the production of books and papers as required by any
subpoena issued by the Administrator.
3. In case of the refusal of any witness to attend or testify or
produce any papers required by the subpoena, the Administrator may report
to the district court in and for the county in which the hearing is
pending by petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this section; and
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the Taxicab Authority or the
Administrator in the hearing named in the subpoena, or has refused to
answer questions propounded to him in the course of the hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the Authority or the
Administrator.
4. The court, upon petition of the Administrator shall enter an
order directing the witness to appear before the court at a time and
place to be fixed by the court in the order, the time to be not more than
10 days from the date of the order, and then and there show cause why he
has not attended or testified or produced the books or papers. A
certified copy of the order must be served upon the witness. If it
appears to the court that the subpoena was regularly issued by the
Administrator, the court may thereupon enter an order that the witness
appear before the Authority or the Administrator at the time and place
fixed in the order and testify or produce the required books or papers,
and upon failure to obey the order the witness must be dealt with as for
contempt of court.
(Added to NRS by 1979, 935; A 1981, 109)
Allocation of Number of Taxicabs; Taxes; Fees
The Taxicab Authority may:
1. Determine the circumstances that require a temporary increase
in the number of taxicabs allocated pursuant to NRS 706.8824 ; and
2. Allocate a temporary increase in the number of taxicabs
pursuant to NRS 706.88245 when the
circumstances require the increase.
(Added to NRS by 1991, 1960)
1. In determining whether circumstances require the establishment
of a system of allocations or a change in existing allocations, the
Taxicab Authority shall consider the interests, welfare, convenience,
necessity and well-being of the customers of taxicabs.
2. Whenever circumstances require the establishment of a system of
allocations, the Taxicab Authority shall allocate the number of taxicabs
among the certificate holders in the county in a manner which reflects
the number of taxicabs operated by each certificate holder during the 5
years immediately preceding the date of establishment of the Taxicab
Authority in the county.
3. Whenever circumstances require an increase in the existing
allocations, the Taxicab Authority shall allocate the additional taxicabs
equally among all the certificate holders who apply from the area to be
affected by the allocation.
4. Unless a certificate holder puts the additionally allocated
taxicabs into service within 30 days after the effective date of the
increased allocation, the increased allocation to that certificate holder
is void.
5. The Taxicab Authority may attach to the exercise of the rights
granted by the allocation any terms and conditions which in its judgment
the public interest may require. The Taxicab Authority may limit:
(a) The geographical area from which service is offered or provided.
(b) The hours of service. Such a limitation must not reduce hours
of service to less than 12 consecutive hours in a 24-hour period.
Ê If a limitation is placed on an allocation, taxicabs must be marked in
a distinctive manner that indicates the limitation.
6. The Taxicab Authority shall review annually:
(a) The existing allocation of taxicabs; and
(b) The rates, charges or fares of the certificate holders in its
jurisdiction.
(Added to NRS by 1969, 1241; A 1977, 747; 1981, 2053; 1983, 1031;
1987, 937; 1991, 1961)
1. In determining whether circumstances require a temporary
increase in the number of taxicabs allocated pursuant to NRS 706.8824
, the Taxicab Authority shall consider
the interests, welfare, convenience, necessity and well-being of the
customers of taxicabs.
2. Whenever circumstances require a temporary increase in the
number of taxicabs allocated pursuant to NRS 706.8824 , the Taxicab Authority shall allocate the
temporary increase equally among the certificate holders in the area to
be affected by the allocation.
3. The Taxicab Authority shall determine:
(a) The number of additional taxicabs to be allocated;
(b) The hours of operation of the additional taxicabs; and
(c) The duration of the temporary allocation.
4. The Taxicab Authority may adopt regulations governing temporary
increases in the allocation of taxicabs pursuant to this section.
(Added to NRS by 1991, 1959)
1. All fees collected pursuant to NRS 706.881 to 706.885 ,
inclusive, must be deposited by the Administrator to the credit of the
Taxicab Authority Fund, which is hereby created as a special revenue
fund. The transactions for each county subject to those sections must be
accounted for separately within the Fund.
2. The interest and income earned on the money in the Fund, after
deducting any applicable charges, must be credited to the Fund.
3. The revenues received pursuant to subsection 1 of NRS 706.8826
are hereby appropriated to defray the
cost of regulating taxicabs in the county or the city, respectively,
making the deposit under that subsection.
4. The fees received pursuant to subsection 3 of NRS 706.8826
, NRS 706.8827 , 706.8841 ,
706.8848 , 706.8849 and 706.885
are hereby appropriated to defray the cost of regulating taxicabs in the
county in which the certificate holder operates a taxicab business.
5. Any balance remaining in the Fund does not revert to the State
General Fund. The Administrator may transfer to the Aging Services
Division of the Department of Health and Human Services any balance over
$200,000 and any interest earned on the Fund, within the limits of
legislative authorization for each fiscal year, to subsidize
transportation for the elderly and the permanently handicapped in
taxicabs. The money transferred to the Aging Services Division must be
administered in accordance with regulations adopted by the Administrator
of the Aging Services Division pursuant to NRS 427A.070 .
6. The Administrator may establish an account for petty cash not
to exceed $2,000 for the support of undercover investigation, and if the
account is created, the Administrator shall reimburse the account from
the Taxicab Authority Fund in the same manner as other claims against the
State are paid.
(Added to NRS by 1969, 1241; A 1977, 747; 1981, 2053; 1983, 648,
1590; 1987, 938; 1989, 1066, 1786; 1991, 1961; 1995, 852; 2001, 2930
; 2003, 1404 )
1. The board of county commissioners of any county in which there
is in effect an order for the allocation of taxicabs from a taxicab
authority, and the governing body of each city within any such county,
shall deposit to the credit of the Taxicab Authority Fund all of the tax
revenue which is received from the taxicab business operating in the
county and city, respectively.
2. For the purpose of calculating the amount due to the State
under subsection 1, the tax revenue of a county does not include any
amount which represents a payment for the use of county facilities or
property.
3. Any certificate holder who is subject to an order of allocation
by the Taxicab Authority shall pay to the Taxicab Authority $100 per year
for each taxicab that the Taxicab Authority has allocated to the
certificate holder and a fee set by the Taxicab Authority that must not
exceed 20 cents per trip for each compensable trip of each of those
taxicabs, which may be added to the meter charge. The money so received
by the Taxicab Authority must be deposited in the State Treasury to the
credit of the Taxicab Authority Fund.
(Added to NRS by 1969, 1241; A 1971, 583; 1977, 748; 1979, 937;
1987, 938; 1989, 1066; 2001, 2930 ; 2003, 1406 )
Holders of Certificates of Public Convenience and Necessity: Requirements
1. A person shall not engage in the taxicab business unless he:
(a) Holds a certificate of public convenience and necessity from
the Public Service Commission of Nevada issued before July 1, 1981, which
has not been transferred, revoked or suspended by the Taxicab Authority;
or
(b) Currently holds a certificate of public convenience and
necessity from the Taxicab Authority as provided in this section.
2. Upon the filing of an application for a certificate of public
convenience and necessity, the Taxicab Authority shall fix a time and
place for a hearing thereon. The Taxicab Authority shall issue the
certificate if it finds that:
(a) The applicant is fit, willing and able to perform the services
of a taxicab motor carrier;
(b) The proposed operation will be consistent with the legislative
policies set forth in NRS 706.151 ;
(c) The granting of the certificate will not unreasonably and
adversely affect other carriers operating in the territory for which the
certificate is sought;
(d) The holders of existing certificates will not meet the needs of
the territory for which the certificate is sought if the certificate is
not granted; and
(e) The proposed service will benefit the public and the taxicab
business in the territory to be served.
3. The applicant for a certificate has the burden of proving to
the Taxicab Authority that the proposed operation will meet the
requirements of subsection 2. The Taxicab Authority shall not find that
the potential creation of competition in a territory which may be caused
by the granting of a certificate, by itself, will unreasonably and
adversely affect other carriers operating in the territory for the
purposes of paragraph (c) of subsection 2.
4. The applicant must submit an application fee of $200, which
must not be refunded, with his application. The applicant must also pay
those amounts which are billed to him by the Authority for reasonable
costs incurred by it in conducting an investigation or hearing regarding
the applicant.
5. The Taxicab Authority may attach to the exercise of the rights
granted by the certificate any terms and conditions which in its judgment
the public interest may require.
6. The Taxicab Authority may dispense with the hearing on the
application if, upon the expiration of the time fixed in the notice of
the hearing, no protest against the granting of the certificate has been
filed by or on behalf of any person.
7. Any person who has been denied a certificate of public
convenience and necessity after a hearing may not file a similar
application with the Taxicab Authority covering the same type of service
and over the same route or routes or in the same territory for which the
certificate of public convenience and necessity was denied except after
the expiration of 180 days from the date the certificate was denied.
(Added to NRS by 1969, 1242; A 1971, 729; 1975, 1325; 1977, 748;
1979, 837; 1981, 2054; 1987, 2259; 1991, 1962)
1. Except as otherwise provided in subsection 4, a certificate
holder shall file with the Administrator, and keep in effect at all
times, a policy of insurance with an insurance company licensed to do
business in the State of Nevada.
2. The insurance policy specified in subsection 1 must:
(a) Provide the following coverage:
For injury to one person in any one
accident............................................. $100,000
For injury to two or more persons in any one
accident.............................. 300,000
For property damage in any one
accident....................................................... 10,000
(b) Contain a clause which states substantially that the insurance
carrier may only cancel the policy upon 30 days’ written notice to the
certificate holder and Administrator; and
(c) Contain such other provisions concerning notice as may be
required by law to be given to the certificate holder.
3. If an insurance policy is cancelled, the certificate holder
shall not operate or cause to be operated any taxicab that was covered by
the policy until other insurance is furnished.
4. A certificate holder to whom the Department of Motor Vehicles
has issued a certificate of self-insurance may self-insure the coverage
required by subsection 2.
(Added to NRS by 1969, 1242; A 1977, 609; 1979, 1096; 1985, 2002;
1999, 3594 ; 2001, 2639 ; 2003, 1203 )
1. A certificate holder shall maintain a uniform system of
accounts in which all business transacted by the certificate holder is
recorded. The accounts must be:
(a) Kept in a form prescribed by the Taxicab Authority;
(b) Before May 15 of each year, submitted to the Taxicab Authority
in an annual report in the form and detail prescribed by the Taxicab
Authority;
(c) Retained for a period of 3 years after their receipt back from
the Taxicab Authority; and
(d) Supplemented with such additional information as the Taxicab
Authority may require.
2. The Taxicab Authority may examine the books, accounts, records,
minutes and papers of a certificate holder at any reasonable time to
determine their correctness and whether they are maintained in accordance
with the regulations adopted by the Taxicab Authority.
3. If a certificate holder fails to comply with any provision of
this section in a timely manner, the Administrator, after hearing, may
impose a fine of not more than $1,000, commence proceedings to suspend or
revoke the certificate of public convenience and necessity of the
certificate holder, or both impose a fine and commence such proceedings.
(Added to NRS by 1969, 1242; A 1981, 2054; 1991, 1963)
1. A certificate holder shall maintain at his principal place of
business:
(a) A record of the make and serial number of each taxicab;
(b) A maintenance record for each taxicab; and
(c) A copy of the medical certificates of each of his drivers.
2. The records of a certificate holder shall be open for
inspection by the Administrator or the Taxicab Authority at any
reasonable time.
(Added to NRS by 1969, 1242)
A
certificate holder shall have a public business telephone listing in the
telephone directory for the area being served. The listing must state the
company name, telephone number, place of business and, if the company’s
service is not operated 24 hours per day, the hours of service.
(Added to NRS by 1969, 1242; A 1989, 1787)
A certificate holder shall have each taxicab equipped with a
two-way mobile radio and shall maintain central facilities for
dispatching taxicabs at all times. The facilities:
1. May be maintained individually or in cooperation with other
certificate holders.
2. Must be principally engaged in communication by radio with the
taxicabs of the certificate holder or holders.
(Added to NRS by 1969, 1243; A 1981, 2055)
1. The color scheme, insigne and design of the cruising lights of
each taxicab must conform to those approved for the certificate holder
pursuant to regulations of the Authority.
2. The Authority shall approve or disapprove the color scheme,
insigne and design of the cruising lights of the taxicabs of a
certificate holder in any county, and shall ensure that the color scheme
and insigne of one certificate holder are readily distinguishable from
the color schemes and insignia of other certificate holders operating in
the same county.
(Added to NRS by 1969, 1243; A 1981, 2055; 1991, 1963; 1997, 1956)
1. If a vehicle acquired for use as a taxicab by a certificate
holder pursuant to paragraph (a) of subsection 3 has been in operation as
a taxicab for 67 months based on the date it was originally placed into
operation as a taxicab, the certificate holder: (a) Shall remove
the vehicle from operation as a taxicab; and
(b) Shall not permit the vehicle to be used as a taxicab in the
operations of the certificate holder at any time thereafter.
2. If a vehicle acquired for use as a taxicab by a certificate
holder pursuant to paragraph (b) of subsection 3 has been in operation as
a taxicab for 55 months based on the date it was originally placed into
operation as a taxicab, the certificate holder:
(a) Shall remove the vehicle from operation as a taxicab; and
(b) Shall not permit the vehicle to be used as a taxicab in the
operations of the certificate holder at any time thereafter.
3. Any vehicle which a certificate holder acquires for use as a
taxicab must:
(a) Be new; or
(b) Register not more than 30,000 miles on the odometer.
(Added to NRS by 1969, 1243; A 1975, 1325; 1987, 392; 1991, 1963;
1997, 852; 2005, 270 )
1. A certificate holder shall display on each of his taxicabs the
fare schedule under which it is being operated. The schedule must be
permanently affixed:
(a) On the outside of both front doors in bold block letters which
are of a color which contrasts with the color of the taxicab and which
are not less than three-fourths of an inch in height; and
(b) Inside the taxicab so as to be visible and easily readable by
passengers.
2. A certificate holder shall have a unit number and the name of
the certificate holder displayed on each side of each taxicab in bold
block letters not less than 4 inches in height and in a color which
contrasts with the color of the taxicab.
(Added to NRS by 1969, 1243; A 1991, 1964)
1. A certificate holder shall equip each of his taxicabs with a
taximeter and shall make provisions when installing the taximeter to
allow sealing by the Administrator.
2. The Administrator shall approve the types of taximeters which
may be used on a taxicab. All taximeters must conform to a 2-percent plus
or minus tolerance on the fare recording, must be equipped with a signal
device plainly visible from outside of the taxicab, must be equipped with
a device which records fares and is plainly visible to the passenger and
must register upon plainly visible counters the following items:
(a) Total miles;
(b) Paid miles;
(c) Number of units;
(d) Number of trips; and
(e) Number of extra passengers or extra charges.
3. The Administrator shall inspect each taximeter before its use
in a taxicab and shall, if the taximeter conforms to the standards
specified in subsection 2, seal the taximeter.
4. The Administrator may reinspect the taximeter at any reasonable
time.
(Added to NRS by 1969, 1244; A 1991, 1964)
A
certificate holder shall not permit a taxicab to be operated in passenger
service unless it meets all of the following standards:
1. The steering mechanism is in good mechanical working order.
2. The vehicle does not have any apparent loose knuckles, bolts or
gear trains.
3. The door hinges and latches are in good mechanical working
order and all doors operate easily and close securely.
4. Interior or exterior advertising does not obscure the driver’s
view in any direction.
5. The windows are clear and free from cracks or chips in excess
of 3 inches in length and are composed of approved, nonshatterable safety
glass.
6. The brakes are in good mechanical working order and when
pressed are not less than 1 3/4 inches from the floorboard.
7. The exhaust system, gaskets, tailpipes and mufflers are in good
condition and exhaust fumes do not penetrate the interior of the vehicle.
8. The vehicle is equipped with four adequate and safe tires.
Recapped tires may be used. Regrooved tires may not be used.
9. The speedometer is properly installed, maintained in good
working order and exposed to view.
10. The interior of the vehicle is clean, free from torn
upholstery and from damaged or broken seats.
11. The headlights, taillights, stoplights and turn signals are in
good mechanical working order.
12. The horn and two windshield wipers are in good mechanical
working order.
13. The taximeter is working properly, is not disconnected and has
its covers and gears intact.
14. An air pollution control system is functioning in accordance
with federal, state and local laws which were applicable to the type of
vehicle at the time of its manufacture.
(Added to NRS by 1969, 1243; A 1979, 838)
A
certificate holder shall not permit a taxicab to be operated in passenger
service for a period of more than 24 hours unless it meets all of the
following standards:
1. The vehicle is structurally sound and operates with a minimum
of noise and vibration.
2. The vehicle does not have cracked, broken or badly dented
fenders and is painted so as to provide reasonable protection against
structural deterioration.
3. The vehicle does not have shades or curtains which can be
manipulated to shield the occupants or driver from exterior observation
or to obstruct vision through the rearview windows.
4. The vehicle is washed once a week, the interior is swept,
dusted and vacuumed once a day and the vehicle is in a clean and sanitary
condition.
5. The floor mat is made of rubber or a similar nonabsorbent,
washable material, is easily removable and is not torn.
(Added to NRS by 1969, 1244)
1. The Administrator may inspect a taxicab at any reasonable time.
2. If the Administrator finds that a taxicab is in a condition
which violates NRS 706.8837 , he shall
remove the vehicle from service, shall place an out-of-service sticker on
the windshield and shall notify the certificate holder of the defect. The
vehicle shall remain out of service until the defect has been remedied
and the Administrator upon reinspection has approved the vehicle and
removed the out-of-service sticker.
3. If the Administrator finds that a taxicab is in a condition
which violates NRS 706.8838 , he shall
notify the certificate holder of the improper condition and, after a
reasonable time, shall reinspect the vehicle. If upon reinspection the
violation has not been corrected, the vehicle shall be removed from
service until it is reinspected and approved, as provided in subsection 2.
(Added to NRS by 1969, 1244; A 1977, 749; 1979, 631)
1. A vehicle used as a taxicab, limousine or other passenger
vehicle in passenger service must be impounded by the Administrator if a
certificate of public convenience and necessity has not been issued
authorizing its operation. A hearing must be held by the Administrator no
later than the conclusion of the second normal business day after
impoundment, weekends and holidays excluded. As soon as practicable after
impoundment, the Administrator shall notify the registered owner of the
vehicle:
(a) That the registered owner of the vehicle must post a bond in
the amount of $20,000 to ensure his presence at all proceedings held
pursuant to this section;
(b) Of the time set for the hearing; and
(c) Of his right to be represented by counsel during all phases of
the proceedings.
2. The Administrator shall hold the vehicle until the registered
owner of the vehicle appears and:
(a) Proves that he is the registered owner of the vehicle;
(b) Proves that he holds a valid certificate of public convenience
and necessity;
(c) Proves that the vehicle meets all required standards of the
Authority; and
(d) Posts a bond in the amount of $20,000 with the Administrator.
Ê The Administrator shall return the vehicle to its registered owner when
the owner meets the requirements of this subsection and pays all costs of
impoundment.
3. If the registered owner is unable to meet the requirements of
paragraph (b) or (c) of subsection 2, the Administrator may assess an
administrative fine against the registered owner for each such violation
in the amount of $5,000. The maximum amount of the administrative fine
that may be assessed against a registered owner for a single impoundment
of his vehicle pursuant to this section is $10,000. The Administrator
shall return the vehicle after any administrative fine imposed pursuant
to this subsection and all costs of impoundment have been paid.
(Added to NRS by 1977, 745; A 1991, 1964; 1997, 1956)
Regulation of Drivers
1. The Administrator shall issue a driver’s permit to qualified
persons who wish to be employed by certificate holders as taxicab
drivers. Before issuing a driver’s permit, the Administrator shall:
(a) Require the applicant to submit a complete set of his
fingerprints which the Administrator may forward to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation to ascertain whether the applicant has a
criminal record and the nature of any such record, and shall further
investigate the applicant’s background; and
(b) Require proof that the applicant:
(1) Has been a resident of the State for 30 days before his
application for a permit;
(2) Can read and orally communicate in the English language;
and
(3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in
this State.
2. The Administrator may refuse to issue a driver’s permit if the
applicant has been convicted of:
(a) A felony relating to the practice of taxicab drivers in this
State or any other jurisdiction at any time before the date of the
application;
(b) A felony involving any sexual offense in this State or any
other jurisdiction at any time before the date of the application;
(c) A violation of NRS 484.379 or
484.3795 or a law of any other
jurisdiction that prohibits the same or similar conduct within 3 years
before the date of the application; or
(d) A violation of NRS 484.37955 or a law of any other jurisdiction that
prohibits the same or similar conduct.
3. The Administrator may refuse to issue a driver’s permit if the
Administrator, after the background investigation of the applicant,
determines that the applicant is morally unfit or if the issuance of the
driver’s permit would be detrimental to public health, welfare or safety.
4. A taxicab driver shall pay to the Administrator, in advance,
$40 for an original driver’s permit and $10 for a renewal.
(Added to NRS by 1969, 1245; A 1971, 583; 1975, 1325; 1977, 749;
1979, 649; 1981, 2015; 1983, 1032; 1999, 3437 ; 2003, 1407 , 2734 , 2873 ; 2005, 172 )
1. Before applying to a certificate holder for employment as a
driver, a person must obtain a physician’s certificate with two copies
thereof from a physician who is licensed to practice in the State of
Nevada.
2. A physician shall issue the certificate and copies described in
subsection 1 if he finds that a prospective driver meets the health
requirements established by the Federal Motor Carrier Safety Regulations,
49 C.F.R. §§ 391.41 et seq.
3. The certificate described in subsection 1 must state that the
physician has examined the prospective driver and has found that he meets
the health requirements described in subsection 2. The certificate must
be signed and dated by the physician.
4. The physician’s certificate required by this section expires 2
years after the date of issuance and may be renewed.
(Added to NRS by 1969, 1245; A 1991, 1965; 2003, 1405 )
1. A certificate holder shall not employ a driver unless the
driver has obtained and has on his person:
(a) A valid driver’s license for the State of Nevada obtained under
the provisions of NRS 483.010 to
483.630 , inclusive;
(b) A copy of a physician’s certificate obtained pursuant to NRS
706.8842 ; and
(c) A driver’s permit issued by the Administrator pursuant to rules
and regulations of the Taxicab Authority.
2. A certificate holder shall, at the time he employs a driver,
provide the driver with a complete copy of the rules and regulations
described in NRS 706.8844 to 706.8849
, inclusive, and such other rules and
regulations as may be adopted by the Taxicab Authority, and require the
driver to sign a statement that he has received a copy of the regulations
and has read and familiarized himself with the contents thereof.
(Added to NRS by 1969, 1246; A 1971, 583)
1. A certificate holder shall require his drivers to keep a daily
trip sheet in a form to be prescribed by the Taxicab Authority.
2. At the beginning of each period of duty the driver shall record
on his trip sheet:
(a) His name and the number of his taxicab;
(b) The time at which he began his period of duty by means of a
time clock provided by the certificate holder;
(c) The meter readings for total miles, paid miles, trips, units,
extra passengers and extra charges; and
(d) The odometer reading of the taxicab.
3. During his period of duty the driver shall record on his trip
sheet:
(a) The time, place of origin and destination of each trip; and
(b) The number of passengers and amount of fare for each trip.
4. At the end of each period of duty the driver shall record on
his trip sheet:
(a) The time at which he ended his period of duty by means of a
time clock provided by the certificate holder;
(b) The meter readings for total miles, paid miles, trips, units
and extra passengers; and
(c) The odometer reading of the taxicab.
5. A certificate holder shall furnish a trip sheet form for each
taxicab operated by a driver during his period of duty and shall require
his drivers to return their completed trip sheets at the end of each
period of duty.
6. A certificate holder shall retain all trip sheets of all
drivers in a safe place for a period of 3 years immediately succeeding
December 31 of the year to which they respectively pertain and shall make
such manifests available for inspection by the Administrator upon
reasonable demand.
7. Any driver who maintains a trip sheet in a form less complete
than that required by subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1969, 1246; A 1991, 1966)
While a driver
is on duty, he shall:
1. Be appropriately dressed by the standards of the taxicab
business.
2. Be neat and clean in person and appearance.
3. Refrain from talking loudly, uttering profanity and from
shouting to other drivers.
4. Not have in his possession a lighted cigar, cigarette or pipe
while a passenger is being carried in his taxicab.
5. Not chew tobacco or use snuff while a passenger is being
carried in his taxicab.
6. Attend his taxicab if it is being held out for hire.
7. Not permit his taxicab to remain at a taxicab stand unless it
is being held out for hire.
8. Discourage passengers from entering or leaving a taxicab from
the left side except at the left curb of a one-way street or while the
car is parked perpendicularly to a curb.
9. Not load or unload passengers or luggage at an intersection or
crosswalk or at any place or in any manner that will interfere with the
orderly flow of traffic.
10. Not carry more than two passengers in the front seat of the
taxicab or carry more passengers in the back seat of the taxicab than are
authorized by the manufacturer’s recommendations.
11. Not leave his taxicab unattended with the key in the ignition
lock.
12. Operate his taxicab in accordance with all applicable state
and local laws and regulations and with due regard for the safety,
comfort and convenience of passengers and of the general public.
(Added to NRS by 1969, 1246; A 1981, 2055)
With respect to a passenger’s destination, a driver shall not:
1. Deceive or attempt to deceive any passenger who rides or
desires to ride in his taxicab.
2. Convey or attempt to convey any passenger to a destination
other than the one directed by the passenger.
3. Take a longer route to the passenger’s destination than is
necessary, unless specifically requested so to do by the passenger.
4. Fail to comply with the reasonable and lawful requests of the
passenger as to speed of travel and route to be taken.
(Added to NRS by 1969, 1247; A 1977, 750)
1. A driver shall not refuse or neglect to transport any orderly
person to that person’s destination if:
(a) That person requests the driver to transport him; and
(b) The requested destination is within the area allocated to the
certificate holder who employs the driver.
2. Subsection 1 does not apply if the driver can show beyond a
reasonable doubt that:
(a) He has good reason to fear for his personal safety;
(b) The taxicab has been previously engaged by another person; or
(c) He is forbidden by law or regulation to carry the person
requesting transportation.
(Added to NRS by 1969, 1247)
1. If a driver violates any provision of NRS 706.8844 to 706.8847 , inclusive, the Administrator may impose the
following sanctions:
(a) First offense: Warning notice or a fine of not more than $100,
or both warning and fine.
(b) Second offense: 1 to 3 days’ suspension of a driver’s permit or
a fine of not more than $200, or both suspension and fine.
(c) Third offense: 4 to 6 days’ suspension of a driver’s permit or
a fine of not more than $300, or both suspension and fine.
(d) Fourth offense: 10 days’ suspension of a driver’s permit or a
fine of not more than $500, or both suspension and fine.
(e) Fifth offense: Revocation of a driver’s permit or a fine of not
more than $500, or both revocation and fine.
2. Only violations occurring in the 12 months immediately
preceding the most current violation shall be considered for the purposes
of subsection 1. The Administrator shall inspect the driver’s record for
that period to compute the number of offenses committed.
3. The Administrator shall conduct a hearing prior to suspension
or revocation of a driver’s permit or imposing a fine under this section
or NRS 706.8849 .
(Added to NRS by 1969, 1247; A 1977, 750)
1. A taxicab driver shall:
(a) Ensure that the fare indicator on the taximeter of his taxicab
reads zero before the time that the taxicab is engaged.
(b) Ensure that the taximeter of his taxicab is engaged while the
taxicab is on hire.
(c) Not make any charge for the transportation of a passenger other
than the charge shown on the taximeter.
(d) Not alter, manipulate, tamper with or disconnect a sealed
taximeter or its attachments nor make any change in the mechanical
condition of the wheels, tires or gears of a taxicab with intent to cause
false registration on the taximeter of the passenger fare.
(e) Not remove or alter fare schedules which have been posted in
his taxicab by the certificate holder.
(f) Not permit any person or persons other than the person who has
engaged the taxicab to ride therein unless the person who has engaged the
taxicab requests that the other person or persons ride in the taxicab. If
more than one person is loaded by the taxicab driver as set forth in this
paragraph, the driver shall, when one of the persons leaves the taxicab,
charge that person the fare on the meter and reset the taximeter.
(g) Not drive a taxicab or go on duty while under the influence of,
or impaired by, any controlled substance, dangerous drug, or intoxicating
liquor or drink intoxicating liquor while on duty.
(h) Not use or consume controlled substances or dangerous drugs
which impair a person’s ability to operate a motor vehicle at any time,
or use or consume any other controlled substances or dangerous drugs at
any time except in accordance with a lawfully issued prescription.
(i) Not operate a taxicab without a valid driver’s permit issued
pursuant to NRS 706.8841 and a valid
driver’s license issued pursuant to NRS 483.325 in his possession.
(j) Obey all provisions and restrictions of his employer’s
certificate of public convenience and necessity.
2. If a driver violates any provision of subsection 1, the
Administrator may, after a hearing, impose the following sanctions:
(a) For a first offense, 1 to 5 days’ suspension of a driver’s
permit or a fine of not more than $100, or both suspension and fine.
(b) For a second offense, 6 to 20 days’ suspension of a driver’s
permit or a fine of not more than $300, or both suspension and fine.
(c) For a third offense, a fine of not more than $500.
Ê In addition to the other penalties set forth in this subsection, the
Administrator may revoke a driver’s permit for any violation of a
provision of paragraph (g) of subsection 1.
3. Only violations occurring in the 12 months immediately
preceding the most current violation may be considered for the purposes
of subsection 2. The Administrator shall inspect the driver’s record for
that period to compute the number of offenses committed.
(Added to NRS by 1969, 1247; A 1975, 1326; 1977, 751; 1981, 2056;
1991, 1966; 1995, 1724)
Unlawful Acts; Penalties
1. Any person who knowingly makes or causes to be made, either
directly or indirectly, a false statement on an application, account or
other statement required by the Taxicab Authority or the Administrator or
who violates any of the provisions of NRS 706.881 to 706.885 ,
inclusive, is guilty of a misdemeanor.
2. The Taxicab Authority or Administrator may at any time, for
good cause shown and upon at least 5 days’ notice to the grantee of any
certificate or driver’s permit, and after a hearing unless waived by the
grantee, penalize the grantee of a certificate to a maximum amount of
$15,000 or penalize the grantee of a driver’s permit to a maximum amount
of $500 or suspend or revoke the certificate or driver’s permit granted
by it or him, respectively, for:
(a) Any violation of any provision of NRS 706.881 to 706.885 ,
inclusive, or any regulation of the Taxicab Authority or Administrator.
(b) Knowingly permitting or requiring any employee to violate any
provision of NRS 706.881 to 706.885
, inclusive, or any regulation of the
Taxicab Authority or Administrator.
Ê If a penalty is imposed on the grantee of a certificate pursuant to
this section, the Taxicab Authority or Administrator may require the
grantee to pay the costs of the proceeding, including investigative costs
and attorney’s fees.
3. When a driver or certificate holder fails to appear at the time
and place stated in the notice for the hearing, the Administrator shall
enter a finding of default. Upon a finding of default, the Administrator
may suspend or revoke the license, permit or certificate of the person
who failed to appear and impose the penalties provided in this chapter.
For good cause shown, the Administrator may set aside a finding of
default and proceed with the hearing.
4. Any person who operates or permits a taxicab to be operated in
passenger service without a certificate of public convenience and
necessity issued pursuant to NRS 706.8827 , is guilty of a gross misdemeanor. If a law
enforcement officer witnesses a violation of this subsection, he may
cause the vehicle to be towed immediately from the scene.
5. The conviction of a person pursuant to subsection 1 does not
bar the Taxicab Authority or Administrator from suspending or revoking
any certificate, permit or license of the person convicted. The
imposition of a fine or suspension or revocation of any certificate,
permit or license by the Taxicab Authority or Administrator does not
operate as a defense in any proceeding brought under subsection 1.
(Added to NRS by 1969, 1248; A 1971, 584; 1975, 1327; 1977, 752;
1981, 2057; 1991, 1967; 1993, 903; 1997, 2991)
