[Rev. 2/11/2015 12:31:28
PM--2014R2]
CHAPTER 706 - MOTOR CARRIERS
REGULATION AND LICENSING OF MOTOR CARRIERS
General Provisions
NRS 706.011 Definitions.
NRS 706.013 “Advertise”
defined.
NRS 706.016 “Ambulance”
defined.
NRS 706.018 “Authority”
defined.
NRS 706.021 “Broker”
defined.
NRS 706.024 “Chair”
defined.
NRS 706.026 “City”
defined.
NRS 706.028 “Combined
gross vehicle weight rating” defined.
NRS 706.031 “Commission”
defined.
NRS 706.036 “Common
motor carrier” defined.
NRS 706.041 “Common
motor carrier of passengers” defined.
NRS 706.046 “Common
motor carrier of property” defined.
NRS 706.048 “Compliance
enforcement officer” defined.
NRS 706.051 “Contract
motor carrier” defined.
NRS 706.056 “Converter
gear dolly” defined.
NRS 706.058 “Declared
gross weight” defined.
NRS 706.061 “Department”
defined.
NRS 706.063 “Deputy
Commissioner” defined.
NRS 706.066 “Driveaway-towaway”
defined.
NRS 706.071 “Farm
vehicle” defined.
NRS 706.072 “Fully
regulated carrier” defined.
NRS 706.073 “Gross
vehicle weight rating” defined.
NRS 706.074 “Hazardous
material” defined.
NRS 706.076 “Hearse”
defined.
NRS 706.081 “Highway”
defined.
NRS 706.085 “Household
goods” defined.
NRS 706.091 “Motor
convoy carrier” defined.
NRS 706.096 “Motor
vehicle” defined.
NRS 706.101 “Operator”
defined.
NRS 706.111 “Private
motor carrier of property” defined.
NRS 706.116 “Semitrailer”
defined.
NRS 706.121 “Special
mobile equipment” defined.
NRS 706.124 “Taxicab”
defined.
NRS 706.126 “Taxicab
motor carrier” defined.
NRS 706.127 “Tilt
bed” defined.
NRS 706.131 “Tow
car” defined.
NRS 706.132 “Towing
services” defined.
NRS 706.136 “Trailer”
defined.
NRS 706.137 “Transportation
of household goods” defined.
NRS 706.141 “Unladen
weight” defined.
NRS 706.146 “Vehicle”
defined.
NRS 706.151 Legislative
declaration of purpose.
NRS 706.1511 Authority:
Creation; appointment, terms and qualifications of members; restriction on
other employment of members; members serve at pleasure of Governor.
NRS 706.1512 Authority:
Designation of Chair by Governor; Executive Officer; members in unclassified
service of State.
NRS 706.1513 Suits
by and against Authority.
NRS 706.1514 Authority:
Power of majority of members; exercise of power and conduct of business by
majority of members; hearings.
NRS 706.1515 Authority:
Expenses of investigations, inspections, audits and appearances made outside
State.
NRS 706.1516 Nevada
Transportation Authority Regulatory Account: Creation; deposits; use; claims;
statements.
NRS 706.1517 Authority:
Employees who are peace officers may carry firearms.
NRS 706.1518 Authority:
Biennial report; records open to public.
NRS 706.156 Certain
carriers and brokers declared affected with public interest and subject to
regulation; resale of transportation services.
NRS 706.158 Inapplicability
of provisions governing brokers to motor clubs, charitable organizations and
certain other brokers of transportation services.
NRS 706.163 Inapplicability
of certain provisions to governmental vehicles.
NRS 706.165 Authority
required to authorize use in certain larger counties of certain technology by
holder of certificate of public convenience and necessity; regulations by
Authority.
Administration and Enforcement
NRS 706.166 Supervision
and regulation of fully regulated carriers, brokers of regulated services and
operators of tow cars by Authority; enforcement of standards of safety.
NRS 706.167 Duty
of motor carriers to furnish information and annual report.
NRS 706.1675 Annual
reports, records and statements to be submitted under oath.
NRS 706.168 Supervision
of motor carriers separate from supervision of brokers.
NRS 706.169 Regulation
of certain carriers by Department of Motor Vehicles and Department of Public
Safety.
NRS 706.171 General
powers of Authority, Department of Motor Vehicles and Department of Public
Safety: Regulations; reports and records; examinations and subpoenas; temporary
waivers.
NRS 706.1715 Duties
of Attorney General and district attorneys.
NRS 706.1717 Cooperation
with federal and state agencies; payment of expenses incurred for joint
conferences and meetings held out of State.
NRS 706.172 Examination
of records and other property of persons regulated by Authority; exception.
NRS 706.1725 Disclosure
of records subject to examination: Requirements; conditions.
NRS 706.173 Regulations
concerning safety for drivers and vehicles; regulations concerning transportation
of hazardous materials and hazardous waste.
NRS 706.176 Appointment
of Deputy Commissioner; employment of compliance enforcement officers and other
personnel by Authority.
NRS 706.178 Regulations
concerning training of compliance enforcement officers.
NRS 706.186 Licensing
of motor carriers by Department.
NRS 706.188 Agreement
between Department and motor carrier or service provider regarding registration
or transfer or renewal of registration of vehicle; bond or other security;
fees; regulations.
NRS 706.192 Power
of Department to require bond of carrier that is habitually delinquent in
making certain payments.
NRS 706.196 Reports
to Department; preservation of records; penalties for failure to report or
preserve records.
NRS 706.197 Fees
for filing documents.
NRS 706.201 Costs
of administration.
NRS 706.211 Deposit
and use of money collected. [Effective through June 30, 2015.]
NRS 706.211 Deposit
and use of money collected. [Effective July 1, 2015.]
Regulation of Motor Carriers Generally
NRS 706.221 NRS 706.011 to 706.791,
inclusive, not construed as law for registration of motor vehicles.
NRS 706.226 Compliance
of motor carriers and brokers of regulated services with provisions of chapter.
NRS 706.231 Peace
and traffic officers to assist in enforcement.
NRS 706.235 Issuance
of citation or notice of correction to driver of heavy-duty motor vehicle
detained for violation.
NRS 706.246 Limitations
on use of unsafe vehicle.
NRS 706.251 Report
of accident: Requirements; preservation; confidentiality.
NRS 706.256 Power
of Authority to order repairs of facilities and use of safety appliances.
NRS 706.266 Intrastate
motor carriers required to furnish information to Authority.
NRS 706.271 Motor
vehicle exceeding limit on size, weight or load not to be licensed or permitted
to operate.
NRS 706.276 Vehicles
to be weighed by public weighmaster or Department; fee; applicability of chapter 582 of NRS; acceptance of certificates
from other states; exception for farm vehicles.
NRS 706.281 Name
of operator to be prominently displayed on vehicle; exceptions.
NRS 706.282 Duty
of fully regulated carrier that advertises to provide to person who publishes
or distributes advertisement of certain information regarding natural person
who requested advertisement; duty of person who publishes or distributes
advertisement of fully regulated carrier to provide certain information to
Authority.
NRS 706.285 Advertising
must include number of certificate or permit.
NRS 706.2855 Injunction
prohibiting person from advertising without including number of certificate or
permit.
NRS 706.286 Complaint
against fully regulated carrier or operator of tow car: Investigation by
Authority; notice and hearing.
NRS 706.2865 Notice
of matters pending before Authority; power of Authority to dispense with
hearing.
NRS 706.2873 Record
of hearings: Recording and transcription of testimony; copies to be filed with
court clerk and furnished to parties; costs.
NRS 706.2875 Order
for appearance of witnesses or production of materials; payment of fees and
mileage claims by witnesses.
NRS 706.288 Order
for production of books, accounts, papers or records.
NRS 706.2883 Person
aggrieved by action or inaction of Taxicab Authority entitled to judicial
review; regulations of Nevada Transportation Authority regarding its review of
decisions of Taxicab Authority.
NRS 706.2885 Suspension
or revocation of certificate, permit or license; notice and hearing;
conditions; judicial review.
Liability Insurance, Bonds and Security
NRS 706.291 Liability
insurance to be provided by certain motor carriers; Authority to designate
amounts; Authority and Department jointly to prescribe amounts and forms by
regulation.
NRS 706.296 Duty
of carrier engaged in intrastate transportation and collecting purchase price
on delivery of goods sold by shipper to file bond with Authority.
NRS 706.298 Certain
indemnification clauses void and unenforceable.
NRS 706.303 Liability
insurance to be provided by operators of horse-drawn vehicles; amount of
coverage.
NRS 706.305 Liability
insurance to be provided by operators of taxicabs; amount of coverage.
NRS 706.3052 Operator
of taxicab may provide self-insurance; exception.
NRS 706.3054 Operator
of taxicab may file bond in lieu of insurance.
NRS 706.3056 Operator
of taxicab may deposit security with Department in lieu of insurance.
NRS 706.3058 Permitted
forms of security.
NRS 706.306 Maintenance
of security; affidavit required upon relinquishment of certificate of
self-insurance.
Rates and Service
NRS 706.311 Motor
carriers and operators of tow cars to provide adequate service and facilities;
charges to be just and reasonable; unjust and unreasonable charges unlawful.
NRS 706.321 Schedules
of rates, fares and charges.
NRS 706.322 Acceptance
by taxicab motor carrier or limousine operator of credit cards or debit cards
for payment of rates, fares or charge: Regulations; certain acts by issuers
prohibited.
NRS 706.323 Limitation
on power of Authority to regulate rates.
NRS 706.326 Hearing
by Authority concerning propriety of new rate, fare, charge or service;
suspension of operation of new schedule; order of Authority.
NRS 706.331 Authority
may order substitution of just and reasonable rates, regulations and practices
after investigation and hearing.
NRS 706.341 Operator
of tow car required to notify Authority of discontinuance of towing services;
common motor carrier may not discontinue service without order of Authority.
NRS 706.346 Printing
and posting of schedule and joint rates.
NRS 706.351 Free
or reduced rates for transportation unlawful; exceptions.
NRS 706.356 Certain
free transportation prohibited.
NRS 706.361 Persons
with disabilities entitled to full and equal enjoyment of facilities of public
transportation; unlawful denial of services and facilities.
NRS 706.366 Unlawful
to refuse service of public transportation or charge additional fee or deposit
to certain persons accompanied by service animal or service animal in training;
remedies.
NRS 706.371 Powers
of Authority to regulate contract motor carriers.
Certificates of Public Convenience and Necessity
NRS 706.386 Persons
required to obtain certificate.
NRS 706.391 Application
for issuance or modification of certificate: Hearing; standards for reviewing
application; duties of applicant; powers of Authority.
NRS 706.396 Effect
of denial of certificate.
NRS 706.398 Revocation
or suspension of certificate: Failure to file annual report to operate under
terms and conditions of certificate or to comply with provisions of chapter or
regulations of Authority.
NRS 706.411 Order
of Authority prima facie lawful from date of order.
Permits for Contract Carriers
NRS 706.421 Contract
motor carrier must obtain permit from Commission.
NRS 706.426 Application
for permit: Contents and form.
NRS 706.431 Conditions
for issuance or denial of permit; approval of contract entered into after
issuance of permit.
NRS 706.436 Effect
of denial of permit.
Written Approval for Common Carriers of Property
NRS 706.437 Certain
common carriers of property to obtain written approval from Department.
NRS 706.438 Conditions
for issuance of written approval.
NRS 706.439 Department
authorized to issue written approval at time of registration or licensing of
carrier’s fleet.
NRS 706.4395 Cancellation
of written approval.
Intrastate Transportation or Storage of Household Goods
NRS 706.442 Requirements.
NRS 706.443 Enforcement
of provisions of NRS 706.442 by Authority;
regulations.
Tow Cars
NRS 706.445 Limitations
on power of Authority to regulate towing services.
NRS 706.446 Certain
operators of tow cars not required to obtain certificates of public convenience
and necessity.
NRS 706.4463 Requirements
for operators of tow cars: Certificates of public convenience and necessity;
size and weight of tow cars; applications for certificates.
NRS 706.4464 Transfer
of certificate of public convenience and necessity: Conditions; application;
hearing; approval.
NRS 706.4465 Operator
of tow car required to maintain dispatcher’s log.
NRS 706.4467 Requirements
for towing and storing towed motor vehicles, cargo and personal property.
NRS 706.4468 Operator
of tow car required to file charges for preparing or satisfying liens with
Authority; conditions for imposing charges.
NRS 706.4469 Release
of motor vehicle connected to tow car at point of origination of towing.
NRS 706.4473 Operator
required to inform owner of towed motor vehicle of right to file complaint with
Authority.
NRS 706.4475 Operator
prohibited from knowingly towing vehicle after another operator already
requested.
NRS 706.4477 Conditions
for person other than owner of motor vehicle or county or city to request
towing; payment of costs by owner; exceptions.
NRS 706.4479 Duties
of operator if motor vehicle towed at request of person other than owner;
limitations on certain fees and charges.
NRS 706.44793 Operator
required to accept certain forms of payment.
NRS 706.44797 Operator
authorized to enter into contracts with issuers of credit cards and debit cards
for acceptance of payment of rates, fares and charges.
NRS 706.4481 Conditions
for insurer to obtain possession of motor vehicle towed at request of person
other than owner; Commissioner of Insurance to establish standard consent form;
immunity of operator from civil or criminal liability.
NRS 706.4483 Authority
to act upon complaints relating to operators of tow cars; remedies.
NRS 706.4485 Conditions
for inclusion of operator of tow car on list maintained and used by law
enforcement agency; rates charged to law enforcement agencies; Nevada Highway
Patrol prohibited from removing operator from list or restricting use of
operator under certain circumstances.
NRS 706.4487 Legislative
declaration concerning designation of vehicle storage lots by insurance
companies.
NRS 706.4489 Insurance
companies authorized to designate vehicle storage lots in certain larger
counties to which certain vehicles are towed at request of law enforcement;
indemnification of law enforcement; responsibilities of designated vehicle
storage lot; certain rates and charges prohibited; approval of Authority
required.
NRS 706.449 Administrative
fine for failure to pay charge for cleaning roadway after accident.
NRS 706.451 Annual
fee; penalty and interest.
NRS 706.453 Exemption
of certain automobile wreckers.
Subpoenas; Orders to Cease and Desist
NRS 706.457 Authority
may subpoena certain persons who have not obtained certificate of public
convenience and necessity or permit.
NRS 706.458 Enforcement
of subpoena.
NRS 706.461 Investigation
of operations and advertising; hearing; order to cease and desist.
Drivers’ Permits for Drivers of Certain Motor Carriers
NRS 706.462 Issuance
and renewal; application requirements; fees.
NRS 706.4622 Statement
by applicant concerning payment of child support; grounds for denial of permit;
duty of Authority. [Effective until the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 706.4624 Suspension
of permit for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of permit. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
Charter Buses
NRS 706.463 Regulation
of owner or operator of charter bus which is not fully regulated carrier:
Safety; liability insurance and bonds; fingerprinting; schedules and tariffs.
Limousines
NRS 706.465 Annual
fee; technology fee; penalty and interest.
Taxicab Motor Carriers
NRS 706.471 Annual
fee; technology fee; penalty and interest.
NRS 706.473 Leasing
of taxicab to independent contractor: Authorization in certain counties;
limitations; approval of agreement; liability for violations; intervention in
civil action by Authority.
NRS 706.475 Leasing
of taxicab to independent contractor: Regulations of Authority.
NRS 706.4755 Posting
of sign concerning assault or battery on driver.
NRS 706.4757 Blood,
breath or urine test on employee or lessee for presence of alcohol or
controlled substance; regulations.
Impoundment of Certain Vehicles
NRS 706.476 Impoundment
by Authority of certain vehicles in unauthorized use; notice and hearing;
administrative fine.
NRS 706.478 Short-term
lessor not liable for fine or penalty related to impoundment of certain
vehicles in unauthorized use if vehicle in care, custody or control of lessee;
evidence of care, custody or control; release of vehicle to short-term lessor.
Licenses and Fees
NRS 706.481 Operator
of motor vehicle within provisions of chapter deemed owner; joint and several
liability of lessor and lessee for fees, taxes, penalties and interest.
NRS 706.491 Motor
carrier must be licensed.
NRS 706.495 Medical
examiner’s certificate; issuance; renewal; health requirement.
NRS 706.521 Temporary
permit for certain motor vehicles; fee.
NRS 706.531 Combinations
of vehicles: Special identifying devices; display; transfer; fee; penalties.
NRS 706.541 Purchase
of temporary permit required before entering State.
NRS 706.546 Charge
for credit allowed against subsequent fees.
NRS 706.561 Temporary
waiver of fees in emergency.
NRS 706.566 Civil
action for collection of unpaid fees.
NRS 706.571 Procedure
for refund of fee, penalty or interest.
NRS 706.576 Injunction
or other process to prevent collection of fees prohibited; action to recover
amount paid under protest.
NRS 706.581 Action
to recover amount paid: Time to sue; waiver of right; consideration of grounds
of illegality.
NRS 706.586 Judgment
for plaintiff: Disposition of amount; interest.
NRS 706.591 Issuance
of writ of attachment; bond or affidavit not required.
NRS 706.596 Evidentiary
effect of verified claim of Department.
NRS 706.601 Delinquent
fees, interest and penalties constitute lien against motor vehicle; time of attachment
of lien; Department to notify registered owner before seizure and sale of
vehicle; hearing.
NRS 706.606 Duration
of lien.
NRS 706.611 Priority
of lien.
NRS 706.616 Transfer
of ownership or license: Issuance of certificate of registration or title or
transfer of license prohibited until Department certifies removal of lien.
NRS 706.621 Notice
by Department to person controlling credits or property of delinquent licensee;
limitations on transfer or disposition of property.
NRS 706.626 Revocation
or denial of license: Notice and hearing.
NRS 706.631 Remedies
of State cumulative; election of remedies.
Transfer of Certificates,
Permits and Licenses
NRS 706.6411 Procedure;
limitation on transfer of stock of corporate motor carriers other than
operators of tow cars.
Limitations on Hours of Service for Certain Drivers
NRS 706.672 Definitions.
NRS 706.675 “Commercial
motor vehicle” defined.
NRS 706.678 “Intrastate
driver” defined.
NRS 706.682 Limitations
on intrastate drivers of commercial motor vehicles.
NRS 706.692 Limitations
on drivers of other regulated motor vehicles.
Exemptions
NRS 706.736 Exemption
of certain vehicles and transportation from provisions regulating certain motor
carriers; applicability of certain provisions.
NRS 706.741 Exemption
of certain vehicles used in business of resort hotel that holds nonrestricted
gaming license; requirements regarding inspection of such vehicles.
NRS 706.745 Exemption
of ambulances, hearses and certain carriers from requirements of NRS 706.386 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.
NRS 706.749 Permit
for employer transporting employees between place of work and homes or central
areas for parking; requirements.
Violations and Penalties
NRS 706.756 Unlawful
acts; criminal penalties.
NRS 706.758 Unlawful
for person to advertise services for which certificate or permit is required
unless person holds certificate or permit; orders to cease and desist unlawful
advertising; procedure for disconnecting or changing telephone or paging number
included in unlawful advertising.
NRS 706.761 Civil
penalty for failure to furnish report or allow inspection of books.
NRS 706.766 Receipt
of compensation not in conformity with rates filed with Authority unlawful;
granting of rebate or special privilege unlawful.
NRS 706.771 Civil
penalty or administrative fine by Authority for certain violations.
NRS 706.772 Administrative
fines: Repayment plans; notice; notification provided to Department of Motor
Vehicles.
NRS 706.775 Administrative
fine by Department for certain violations.
NRS 706.779 Movement
of vehicle by Authority after stopping driver for violation of certain
provisions.
NRS 706.781 Additional
civil remedies.
Additional Assessments of Fees
NRS 706.791 Additional
or estimated assessment of fees: Interest; penalties; notice; redeterminations.
APPORTIONMENT OF FEES FOR
INTERSTATE USERS OF HIGHWAYS
NRS 706.801 Short
title.
NRS 706.806 Definitions.
NRS 706.811 Declaration
of legislative policy.
NRS 706.813 Applicability
of NRS 706.801 to 706.861,
inclusive.
NRS 706.816 Uniform
interpretation of NRS 706.801 to 706.861, inclusive.
NRS 706.821 Power
of Department to make rules and regulations.
NRS 706.826 Agreements
by Department with departments of other states and countries.
NRS 706.836 Payment
of fees to Department.
NRS 706.841 Application:
Contents; computation of fee.
NRS 706.846 Registration
of vehicles; issuance of licenses or other devices.
NRS 706.851 Registration
of vehicle in fleet after final date for annual payment of fees.
NRS 706.861 Determination
of mileage proportions for fleet not registered during preceding year;
application.
REGULATIONS FOR OPERATION OF TAXICABS IN CERTAIN COUNTIES
General Provisions
NRS 706.881 Applicability
of NRS 706.8811 to 706.885,
inclusive.
NRS 706.8811 Definitions.
NRS 706.8812 “Administrator”
defined.
NRS 706.8813 “Certificate
holder” defined.
NRS 706.8814 “Driver”
defined.
NRS 706.8816 “Taxicab”
defined.
NRS 706.8817 “Taximeter”
defined.
Taxicab Authority
NRS 706.8818 Appointment,
number, terms, qualifications and compensation of members; principal office;
regulations.
NRS 706.88182 Adoption
of regulations establishing program for transportation of elderly persons and persons
with permanent disabilities.
NRS 706.88183 Adoption
of regulations implementing system for use of certain technology to verify
validity of medallions.
NRS 706.88184 Authority
required to authorize use of certain technology by certificate holders and to
impose reasonable charge.
NRS 706.88185 Investigation
of alleged violation; hearing; cease and desist order; enforcement of order.
NRS 706.8819 Hearings
and final decisions; jurisdiction; appeals from final decisions.
Taxicab Administrator
NRS 706.882 Appointment;
classification; removal; restrictions on other employment.
NRS 706.8821 Powers
and duties; employees.
NRS 706.8822 Administrative
hearings and final decisions; jurisdiction; appeals to Taxicab Authority.
NRS 706.88235 Issuance
and enforcement of subpoenas; depositions.
Allocation of Number of
Taxicabs; Taxes; Fees
NRS 706.88237 Power
of Taxicab Authority to determine circumstances requiring temporary increase in
allocation and to make such allocations.
NRS 706.8824 Allocation
of number of taxicabs by Taxicab Authority: Factors for determination;
limitations; annual review.
NRS 706.88245 Temporary
increase in allocation of number of taxicabs by Taxicab Authority; factors for
determination; regulations.
NRS 706.8825 Taxicab
Authority Fund: Creation; deposits; use; petty cash account.
NRS 706.8826 Revenue
of city and county received from taxes imposed on businesses operating taxicabs
payable to State; fees payable to State by holder of certificate for allocated
taxicab.
Holders of Certificates of Public Convenience and Necessity:
Requirements
NRS 706.8827 Certificate
of public convenience and necessity required to engage in business of operating
taxicabs; hearing on application; fee; conditions; effect of denial of
certificate.
NRS 706.8828 Insurance.
NRS 706.8829 Uniform
system of accounts; examination of books and accounts; fines; suspension or
revocation of certificate of public convenience and necessity.
NRS 706.883 Records.
NRS 706.8831 Listing
for telephone in telephone directory.
NRS 706.8832 Two-way
radio; central facilities for dispatching taxicabs.
NRS 706.8833 Color
scheme, insigne and design of cruising lights; advertisements.
NRS 706.8834 Maximum
period of use of vehicle as taxicab; condition of vehicle acquired for use as
taxicab; extension of period for hybrid electric vehicle.
NRS 706.88345 Maximum
period of use of vehicle as taxicab, condition of vehicle acquired for use as
taxicab and extension of period for hybrid electric vehicle in county for which
regulation by Authority not required. [Repealed.]
NRS 706.8835 Display
of schedule of fares, number of unit and name of holder of certificate.
NRS 706.88353 Posting
of sign concerning assault or battery on driver.
NRS 706.88355 Acceptance
of credit cards or debit cards for payment of rates, fares and charges:
Contracts with issuers; regulations; certain acts by issuers prohibited.
NRS 706.8836 Taximeters.
NRS 706.8837 Standards
for taxicabs before operation.
NRS 706.8838 Defects
in taxicab which limit operation.
NRS 706.8839 Inspections.
NRS 706.88395 Impoundment
by Administrator of vehicle in unauthorized use as taxicab; notice and hearing;
administrative fine.
Regulation of Drivers
NRS 706.8841 Driver’s
permit: Issuance; fingerprints and qualifications of applicant; grounds for refusal
to issue permit; fees.
NRS 706.8842 Medical
examiner’s certificate: Issuance; renewal; health requirements.
NRS 706.8843 Conditions
of employment of driver by holder of certificate.
NRS 706.8844 Trip
sheets.
NRS 706.8845 Standards
of conduct while on duty.
NRS 706.8846 Prohibited
acts concerning destination of passenger.
NRS 706.8847 Compliance
with passenger’s directions; exceptions.
NRS 706.8848 Sanctions
imposed by Administrator for certain violations; hearing.
NRS 706.8849 Prohibited
and required acts of drivers; imposition of sanctions; hearings.
Unlawful Acts; Penalties
NRS 706.885 Unlawful
acts; criminal penalties; disciplinary action by Taxicab Authority and
Administrator.
_________
REGULATION AND LICENSING OF MOTOR CARRIERS
General Provisions
NRS 706.011 Definitions. 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; 2007, 2052; 2009, 468; 2011, 1400,
2654, 3658; 2013, 284, 657, 1037, 2005, 2046, 2158, 2179, 2533)
NRS 706.013 “Advertise” defined. “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)
NRS 706.016 “Ambulance” defined. “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)
NRS 706.018 “Authority” defined. “Authority”
means the Nevada Transportation Authority created pursuant to NRS 706.1511.
(Added to NRS by 1997, 1923; A 2007, 2052)
NRS 706.021 “Broker” defined.
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, herself 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)
NRS 706.024 “Chair” defined. “Chair”
means the person designated as Chair of the Authority by the Governor pursuant
to NRS 706.1512.
(Added to NRS by 2007, 2052)
NRS 706.026 “City” defined. “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)
NRS 706.028 “Combined gross vehicle weight rating” defined. “Combined gross vehicle weight rating” has the
meaning ascribed to it in NRS 482.0153.
(Added to NRS by 2009, 467)
NRS 706.031 “Commission” defined. “Commission”
means the Public Utilities Commission of Nevada.
(Added to NRS by 1971, 687; A 1997, 1930)
NRS 706.036 “Common motor carrier” defined. “Common
motor carrier” means any person or operator who is held 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)
NRS 706.041 “Common motor carrier of passengers” defined. “Common motor carrier of passengers” means any
person or operator, including a taxicab motor carrier, who is held 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 the person or operator.
(Added to NRS by 1971, 687; A 1979, 916)
NRS 706.046 “Common motor carrier of property” defined. “Common motor carrier of property” means any
person or operator, including a motor convoy carrier, who is held 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
the person or operator.
(Added to NRS by 1971, 688; A 1979, 916)
NRS 706.048 “Compliance enforcement officer” defined. “Compliance enforcement officer” means a
person employed pursuant to NRS 706.176 whose
duties include enforcing certain state statutes and regulations pertaining to
motor carriers.
(Added to NRS by 2007, 2052)
NRS 706.051 “Contract motor carrier” defined. “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)
NRS 706.056 “Converter gear dolly” defined. “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)
NRS 706.058 “Declared gross weight” defined. “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 484D.055; 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)
NRS 706.061 “Department” defined. “Department”
means the Department of Motor Vehicles.
(Added to NRS by 1971, 688; A 1985, 2001; 2001, 2637)
NRS 706.063 “Deputy Commissioner” defined. “Deputy
Commissioner” means the person appointed as Deputy Commissioner of the
Authority pursuant to NRS 706.176.
(Added to NRS by 2007, 2052)
NRS 706.066 “Driveaway-towaway” defined. “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)
NRS 706.071 “Farm vehicle” defined. “Farm
vehicle” means any vehicle or combination of vehicles which is:
1. Controlled and operated by a farmer or
rancher;
2. Used to transport the farmer’s or
rancher’s 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)
NRS 706.072 “Fully regulated carrier” defined. “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)
NRS 706.073 “Gross vehicle weight rating” defined. “Gross
vehicle weight rating” has the meaning ascribed to it in NRS 482.0445.
(Added to NRS by 2009, 467)
NRS 706.074 “Hazardous material” defined. “Hazardous
material” has the meaning ascribed to it in NRS
459.7024.
(Added to NRS by 1987, 1757; A 1993, 851)
NRS 706.076 “Hearse” defined. “Hearse”
means a vehicle designed and used primarily for transporting dead bodies.
(Added to NRS by 1971, 688)
NRS 706.081 “Highway” defined. “Highway”
means every street, road or thoroughfare of any kind used by the public.
(Added to NRS by 1971, 688; A 1979, 816)
NRS 706.085 “Household goods” defined. “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 the householder’s 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)
NRS 706.091 “Motor convoy carrier” defined. “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)
NRS 706.096 “Motor vehicle” defined. “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)
NRS 706.101 “Operator” defined. “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)
NRS 706.111 “Private motor carrier of property” defined.
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 the person or operator 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)
NRS 706.116 “Semitrailer” defined. “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)
NRS 706.121 “Special mobile equipment” defined.
1. “Special mobile equipment” means every
motor 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 earth-moving equipment.
2. “Special mobile equipment” does not
include house trailers, dump trucks, truck-mounted transit mixers, concrete
pumpers, cranes or drill rigs with highway-rated tires or other vehicles
designed for the transportation of persons or property to which machinery has
been attached.
3. The Director of the Department may make
the final determination as to whether a vehicle not specifically enumerated in
subsection 1 or 2 falls within this definition.
4. The Department shall, by regulation,
define “incidentally operated or moved upon a highway” for purposes of this
section.
(Added to NRS by 1971, 689; A 2007, 231)
NRS 706.124 “Taxicab” defined. “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)
NRS 706.126 “Taxicab motor carrier” defined.
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 the employees of that employer, 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)
NRS 706.127 “Tilt bed” defined. “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)
NRS 706.131 “Tow car” defined. “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)
NRS 706.132 “Towing services” defined. “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)
NRS 706.136 “Trailer” defined. “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)
NRS 706.137 “Transportation of household goods” defined. “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)
NRS 706.141 “Unladen weight” defined. “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)
NRS 706.146 “Vehicle” defined. “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)
NRS 706.151 Legislative declaration of purpose.
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; 2007, 2052)
NRS 706.1511 Authority: Creation; appointment, terms and qualifications of
members; restriction on other employment of members; members serve at pleasure
of Governor.
1. The Nevada Transportation 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; A 2007, 2053)
NRS 706.1512 Authority: Designation of Chair by Governor; Executive Officer;
members in unclassified service of State.
1. The Governor shall designate one of the
members of the Authority to be Chair. The Chair 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)
NRS 706.1513 Suits by and against Authority. The
Authority may sue and be sued in the name of the Nevada Transportation
Authority.
(Added to NRS by 1997, 1924; A 2007, 2054)
NRS 706.1514 Authority: Power of majority of members; exercise of power and
conduct of business by majority of members; hearings.
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 Chair of the Authority.
(Added to NRS by 1997, 1924)
NRS 706.1515 Authority: Expenses of investigations, inspections, audits and
appearances made outside State.
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 must, in addition to any other assessment
and fees provided for by law, be assessed by the Authority for an amount equal
to the per diem allowance and travel expenses of members of the Authority and
staff for investigations, inspections and audits required to be performed
outside this State. The per diem allowance and travel expenses of the members
of the Authority and its staff must be assessed at the rate established by the
State Board of Examiners for state officers and employees generally.
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; A 2007, 605)
NRS 706.1516 Nevada Transportation Authority Regulatory Account: Creation;
deposits; use; claims; statements.
1. The Nevada Transportation Authority
Regulatory Account is hereby created in the State General Fund. All money
collected by the Authority pursuant to law must be deposited with the State
Treasurer for credit to the Account.
2. Except as otherwise provided in
subsection 3, money in the Account 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 money collected by the Authority
pursuant to subsection 2 of NRS 706.465 and
subsection 4 of NRS 706.471 must be used to
implement technological improvements in safety, reliability and efficiency
within a county whose population is 700,000 or more, including, without
limitation, the implementation of a computerized real-time data system to
assist with the administration and enforcement of the provisions of NRS 706.011 to 706.791,
inclusive. A computerized real-time data system implemented pursuant to this
subsection must, at a minimum, satisfy the following criteria:
(a) While a vehicle is in service within the
jurisdiction of the Authority, the system must be capable of collecting in
real-time from the onboard computer of the vehicle, by wireless access through
the onboard diagnostic port or other means, the vehicle identification number
and the operating and telemetric data for the vehicle.
(b) While a vehicle is in service within the
jurisdiction of the Authority, the system must be capable of collecting in
real-time, from an onboard diagnostic device capable of using a global
positioning system that is installed in the vehicle or any other onboard
computer software system capable of using a global positioning system that is
installed in the vehicle, the location of the vehicle by latitude and
longitude, a record of the time at which the vehicle is at that location and
operating and telemetric data for the vehicle.
(c) The system must be capable of allowing the
operator of a vehicle, while the vehicle is in service within the jurisdiction
of the Authority, to register in the system, at the beginning and end of each
shift, his or her identity and the number of his or her permit or certificate
of public convenience and necessity.
(d) The system must be capable of allowing, in a
manner prescribed by the Authority, a holder of a certificate of public
convenience and necessity to digitally associate himself or herself with a
vehicle for which the Authority has issued a certificate, license or other
authorization.
(e) The system must be capable of presenting, in
real-time to the Authority, searchable histories of the information and data
described in this subsection in both a format that displays the information and
data in tables and a digital map format that displays streets and highways.
(f) The system must be capable of presenting to a
passenger, through an application on a mobile device or an interactive, digital
display or other onboard system in the vehicle, sufficient information for the
passenger to select and direct the operator of the vehicle to the passenger’s
desired destination by the passenger’s desired route. The information must
include, without limitation, sufficient information for the passenger to:
(1) Select the shortest route by time or
distance to the passenger’s desired destination;
(2) Select a multi-segment trip directed
by the passenger;
(3) Select the least expensive route to
the passenger’s desired destination; and
(4) Make a digital record of the
passenger’s selection that is accessible during and after the trip by the
passenger, the Authority, the operator and the holder of the certificate of
public convenience and necessity.
(g) The system must be capable of presenting to
the operator of the vehicle, through an application on a mobile device or an
interactive, digital display or other onboard system in the vehicle, sufficient
information for the operator to:
(1) Determine the shortest route by time
or distance to the passenger’s desired destination and the least expensive
route to the passenger’s desired destination;
(2) Follow a multi-segment,
passenger-directed trip by the least expensive route to the passenger’s desired
destination; and
(3) Allow the passenger to make a digital
record of a selection of a desired route to the passenger’s destination that is
accessible during and after the trip by the passenger, the Authority, the
operator and the holder of the certificate of public convenience and necessity.
(h) The system must be capable of allowing a
passenger to register comments and complaints with the Authority, the operator
of the vehicle and the holder of the certificate of public convenience and
necessity, through an application on a mobile device or an interactive digital
display screen or other onboard system in the vehicle.
(i) The system must be capable of assisting the
Authority in the development of additional preventive measures to detect,
investigate and deter the practice of transporting a passenger to a selected
destination by a route that is more expensive than necessary under the
circumstances of the trip.
(j) The system must be capable of providing to
the Authority reliable real-time and historic information concerning service
demands, market data, vehicle usage, wait time and customer complaints and
comments.
(k) The system must be capable of allowing
holders of a certificate of convenience and public necessity to use the system
to provide cooperative dispatch and electronic hailing services to the public
pursuant to NRS 706.165.
4. The Authority shall not use the
information and data collected pursuant to paragraph (a) or (b) of subsection 3
for any purpose other than the purposes set forth in those paragraphs unless
the Authority has adopted regulations governing the additional use.
5. The Authority may operate the
computerized real-time data system implemented pursuant to subsection 3 or
enter into an agreement for the provision of such service. If the Authority
enters into such an agreement, the Authority shall ensure that all the
information and data collected by the computerized real-time data system is
under the control of the Authority.
6. All claims against the Account must be
paid as other claims against the State are paid.
7. The Authority must furnish upon request
a statement showing the balance remaining in the Account as of the close of the
preceding fiscal year.
8. As used in this section, “real time”
means the transmission of information at a rate no longer than once every 6 seconds,
unless the Authority authorizes a longer rate while a vehicle is experiencing a
low volume of trips.
(Added to NRS by 1997, 1924; A 2007, 2054; 2011, 452; 2013, 2533)
NRS 706.1517 Authority: Employees who are peace officers may carry firearms. Employees of the Authority who are peace
officers may carry firearms in the performance of their duties.
(Added to NRS by 1997, 1925)
NRS 706.1518 Authority: Biennial report; records open to public. 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)
NRS 706.156 Certain carriers and brokers declared affected with public
interest and subject to regulation; resale of transportation services.
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)
NRS 706.158 Inapplicability of provisions governing brokers to motor clubs,
charitable organizations and certain other brokers of transportation services. 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; 2011, 2654;
2013, 284,
657, 2005, 2179)
NRS 706.163 Inapplicability of certain provisions to governmental vehicles. 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; 2011, 2655;
2013, 284,
657, 2005, 2046, 2180)
NRS 706.165 Authority required to authorize use in certain larger counties
of certain technology by holder of certificate of public convenience and
necessity; regulations by Authority.
1. In a county whose population is 700,000
or more, upon application by a holder of a certificate of public convenience
and necessity, the Authority shall authorize the certificate holder to use the
computerized real-time data system for the purposes of offering cooperative
dispatch and electronic hailing services to the public.
2. If two or more holders of a certificate
of convenience and public necessity apply to the Authority to use the
computerized real-time data system for the purposes set forth in subsection 1,
the Authority must establish, by regulation or order, rules providing for the
use of the computerized real-time data system by two or more holders of a
certificate of convenience and public necessity for the purposes set forth in
subsection 1.
3. The Authority shall:
(a) Authorize the holders of a certificate of public
convenience and necessity who are authorized to use the computerized real-time
data system for the purposes set forth in subsection 1 to impose a reasonable
charge for the use of the computerized real-time data system by a passenger.
The charge:
(1) Must be separate from any other rate,
fare or charge for service;
(2) Is not required to be uniform within a
county; and
(3) May be assessed in accordance with a
schedule of charges based upon factors approved by the Authority.
(b) Establish, by regulation or order,
requirements for the publication by holders of a certificate of public
convenience and necessity of the charge or the schedule of charges for the use
by a passenger of the computerized real-time data system for the purposes set
forth in subsection 1.
4. As used in this section, “computerized
real-time data system” means the computerized real-time data system implemented
by the Authority pursuant to subsection 3 of NRS
706.1516.
(Added to NRS by 2013, 2532)
Administration and Enforcement
NRS 706.166 Supervision and regulation of fully regulated carriers, brokers
of regulated services and operators of tow cars by Authority; enforcement of
standards of safety. 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; 2011, 1400;
2013, 2046)
NRS 706.167 Duty of motor carriers to furnish information and annual report.
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)
NRS 706.1675 Annual reports, records and statements to be submitted under
oath. 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)
NRS 706.168 Supervision of motor carriers separate from supervision of
brokers. The authority of the
Nevada Transportation 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 the motor carrier’s own
acts and those of the motor carrier’s employees or agents who are not brokers.
A broker is responsible only for the broker’s own acts and those of the
broker’s employees or agents who are not motor carriers.
(Added to NRS by 1987, 2255; A 1995, 2613; 1997, 1932)
NRS 706.169 Regulation of certain carriers by Department of Motor Vehicles
and Department of Public Safety.
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)
NRS 706.171 General powers of Authority, Department of Motor Vehicles and
Department of Public Safety: Regulations; reports and records; examinations and
subpoenas; temporary waivers.
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 the
place of business of the employee;
(h) The work schedule of the employee;
(i) The date on which the employment of the
employee began; 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)
NRS 706.1715 Duties of Attorney General and district attorneys.
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 Nevada
Transportation 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; A 2007, 2054)
NRS 706.1717 Cooperation with federal and state agencies; payment of expenses
incurred for joint conferences and meetings held out of State. 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)
NRS 706.172 Examination of records and other property of persons regulated
by Authority; exception.
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 the
place of business of the employee;
(h) The work schedule of the employee;
(i) The date on which the employment of the
employee began; and
(j) If applicable, the date on which the
employment of the employee was terminated.
(Added to NRS by 1997, 1925)
NRS 706.1725 Disclosure of records subject to examination: Requirements;
conditions.
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)
NRS 706.173 Regulations concerning safety for drivers and vehicles;
regulations concerning transportation of hazardous materials and hazardous
waste.
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)
NRS 706.176 Appointment of Deputy Commissioner; employment of compliance
enforcement officers and other personnel by Authority.
1. The Authority shall appoint a Deputy
Commissioner who:
(a) Must be knowledgeable and experienced in
public administration and fiscal management;
(b) Must be knowledgeable in the areas of motor
carrier regulation by the Authority; and
(c) Must be independent of and have no pecuniary
interest in any entity regulated by the Authority.
2. The Deputy Commissioner shall:
(a) Serve as Chief Financial Officer for the
Authority and is responsible for directing the daily operation of the
Authority, including, without limitation:
(1) Budget preparation;
(2) Administration;
(3) Human resources;
(4) Purchases and acquisitions made by the
Authority; and
(5) Contracts and leases entered into by
the Authority;
(b) Develop and implement policies and procedures
to ensure the efficient operation of the Authority;
(c) Oversee:
(1) The review of applications for
certificates, permits and modifications of tariffs;
(2) The maintenance of a hearing calendar
of all matters pending before the Authority; and
(3) Compliance with and enforcement of
state statutes and regulations pertaining to motor carriers which are regulated
by the Authority; and
(d) Authenticate documents and serve as custodian
of all agency records.
3. The Deputy Commissioner is in the
unclassified service of the State.
4. The Authority shall employ compliance
enforcement officers whose duties shall include, without limitation,
enforcement activities to ensure motor carriers are operating in compliance
with state statutes and regulations, conducting operational inspections of
motor carriers and investigating complaints against motor carriers.
5. The Authority may employ such other
personnel as may be necessary.
(Added to NRS by 1971, 691; A 1997, 1934; 2007, 2054)
NRS 706.178 Regulations concerning training of compliance enforcement
officers. The Authority shall
adopt regulations setting forth the training which a compliance enforcement
officer employed by the Authority pursuant to NRS
706.176 must complete, including, without limitation, training in
commercial vehicle safety inspections provided by the Nevada Highway Patrol.
(Added to NRS by 2007, 2052)
NRS 706.186 Licensing of motor carriers by Department. The Department shall license every common,
contract and private motor carrier required to be licensed by this chapter.
(Added to NRS by 1971, 691)
NRS 706.188 Agreement between Department and motor carrier or service
provider regarding registration or transfer or renewal of registration of
vehicle; bond or other security; fees; regulations.
1. Upon the request of a motor carrier or
a service provider, the Department may enter into an agreement with the motor
carrier or service provider which authorizes the motor carrier or service
provider:
(a) Without applying to the Department, to
register or transfer or renew the registration of any vehicle:
(1) Owned solely by the motor carrier or
service provider; or
(2) Leased solely by the motor carrier or
service provider, if the lease is a long-term lease; and
(b) To issue registration credentials on behalf
of the Motor Carrier Division of the Department for any vehicle registered
pursuant to paragraph (a) and for any vehicle with a registration that has been
renewed or transferred pursuant to paragraph (a).
2. Before registering or transferring or
renewing the registration of any vehicle pursuant to subsection 1:
(a) A motor carrier who enters into an agreement
with the Department pursuant to this section shall file with the Department a
bond of a surety company authorized to transact business in this State for the
benefit of this State in an amount not less than $25,000; and
(b) A service provider who enters into an
agreement with the Department pursuant to this section shall file with the
Department a bond of a surety company authorized to transact business in this
State for the benefit of this State in an amount not less than $50,000.
3. If a motor carrier or service provider
provides a savings certificate, certificate of deposit or investment
certificate pursuant to NRS 100.065 in
lieu of the bond required pursuant to subsection 2, the certificate must state
that the amount is not available for withdrawal except upon the approval of the
Director of the Department.
4. If at any time a motor carrier or
service provider is unable to account for an unissued license plate or decal,
the motor carrier or service provider must immediately pay to the Department an
amount established by the Department.
5. The Director of the Department shall
adopt such regulations as are necessary to carry out the provisions of this
section.
6. As used in this section:
(a) “Lease” has the meaning ascribed to it in NRS 482.053.
(b) “Long-term lease” means a lease for a fixed
period of more than 31 days.
(c) “Motor carrier” means a common, contract or
private motor carrier registered through the Motor Carrier Division of the
Department.
(d) “Registration credentials” includes, without
limitation, license plates, registration cab cards, decals and temporary
authority permits.
(e) “Service provider” means a business or
organization authorized by the Department to register or transfer or renew the
registration of vehicles on behalf of motor carriers.
(Added to NRS by 2009, 391)
NRS 706.192 Power of Department to require bond of carrier that is habitually
delinquent in making certain payments. If
the Department determines that a common motor carrier, contract motor carrier
or private motor carrier of property is habitually delinquent in the payment of
amounts due to the Department pursuant to this chapter, the Department shall
require the common motor carrier, contract motor carrier or private motor
carrier of property to provide a bond executed by the carrier as principal, and
by a corporation qualified pursuant to the laws of this State as surety,
payable to the State of Nevada, and conditioned upon the faithful performance
of all the requirements of this chapter and upon the punctual payment of all
fees, penalties and interest due to the State of Nevada. The total amount of
the bond must not be less than $2,500.
(Added to NRS by 2009, 467)
NRS 706.196 Reports to Department; preservation of records; penalties for
failure to report or preserve records.
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 484D.615.
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.
3. For any person who fails to report or
to maintain books, papers or records as required pursuant to subsection 2, the
Department may:
(a) Revoke or refuse to grant the authority to
register or transfer or renew registrations granted pursuant to NRS 706.188;
(b) Deny the person the right to apportion fees
pursuant to NRS 706.801 to 706.861,
inclusive; and
(c) Revoke any license of the person issued by
the Department pursuant to chapter 482 of
NRS.
(Added to NRS by 1971, 692; A 1973, 700; 1979, 1076; 1987, 968, 1317, 1319; 1995, 314; 2009, 392)
NRS 706.197 Fees for filing documents.
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)
NRS 706.201 Costs of administration. To
the extent that such costs cannot be paid from the Nevada Transportation
Authority Regulatory Account in the State General 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)
NRS 706.211 Deposit and use of money collected. [Effective through June 30,
2015.] 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, and except for any money
transferred to the State General Fund pursuant to NRS 482.182, 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; 2009, 2198;
2013, 2570)
NRS 706.211 Deposit and use of money
collected. [Effective July 1, 2015.] 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; 2009, 2198;
2013, 2570,
effective July 1, 2015)
Regulation of Motor Carriers Generally
NRS 706.221 NRS
706.011 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)
NRS 706.226 Compliance of motor carriers and brokers of regulated services
with provisions of chapter. 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)
NRS 706.231 Peace and traffic officers to assist in enforcement. 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)
NRS 706.235 Issuance of citation or notice of correction to driver of
heavy-duty motor vehicle detained for violation.
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)
NRS 706.246 Limitations on use of unsafe vehicle. 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)
NRS 706.251 Report of accident: Requirements; preservation; confidentiality.
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)
NRS 706.256 Power of Authority to order repairs of facilities and use of
safety appliances. 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)
NRS 706.266 Intrastate motor carriers required to furnish information to
Authority. 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)
NRS 706.271 Motor vehicle exceeding limit on size, weight or load not to be
licensed or permitted to operate. 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)
NRS 706.276 Vehicles to be weighed by public weighmaster or Department; fee;
applicability of chapter 582 of NRS; acceptance of
certificates from other states; exception for farm vehicles.
1. The provisions of chapter 582 of NRS are hereby made applicable to
this chapter.
2. Except as otherwise provided in
subsection 6, all vehicles required to be weighed under the provisions of this
chapter must be weighed by a public weighmaster under such rules and
regulations as may be deemed advisable by the Department and the State Sealer
of Consumer Equitability, and according to the provisions of chapter 582 of NRS, except as otherwise provided
herein.
3. The Department may collect a fee, not
to exceed $1, for each vehicle weighed by the Department.
4. The State Sealer of Consumer
Equitability 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.
6. In lieu of weighing a farm vehicle
pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:
(a) Weigh the farm vehicle on a scale which has
been certified by the State Sealer of Consumer Equitability; and
(b) Use a printout from that scale setting forth
the declared gross weight of the farm vehicle as proof of the declared gross
weight of the farm vehicle for purposes of this chapter.
(Added to NRS by 1971, 695; A 1973, 444; 2009, 170; 2013, 2491)
NRS 706.281 Name of operator to be prominently displayed on vehicle;
exceptions.
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 the employees of that employer, whether or not the employees
pay for the transportation.
(Added to NRS by 1971, 695; A 1979, 1004; 1989, 210; 1997, 1935)
NRS 706.282 Duty of fully regulated carrier that advertises to provide to
person who publishes or distributes advertisement of certain information
regarding natural person who requested advertisement; duty of person who
publishes or distributes advertisement of fully regulated carrier to provide
certain information to Authority.
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 the person 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)
NRS 706.285 Advertising must include number of certificate or permit. 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 the carrier or operator by the Authority.
(Added to NRS by 1989, 210; A 1995, 2614; 1997, 1936, 2672; 1999, 492)
NRS 706.2855 Injunction prohibiting person from advertising without including
number of certificate or permit.
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 the respondent from continuing the
advertising.
(b) Enjoin the respondent 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)
NRS 706.286 Complaint against fully regulated carrier or operator of tow car:
Investigation by Authority; notice and hearing.
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; 2013, 2047,
2158)
NRS 706.2865 Notice of matters pending before Authority; power of Authority
to dispense with hearing.
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)
NRS 706.2873 Record of hearings: Recording and transcription of testimony;
copies to be filed with court clerk and furnished to parties; costs.
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)
NRS 706.2875 Order for appearance of witnesses or production of materials;
payment of fees and mileage claims by witnesses.
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 Chair of the Authority
certifies the correctness of the claim.
(Added to NRS by 1997, 1928)
NRS 706.288 Order for production of books, accounts, papers or records. 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)
NRS 706.2883 Person aggrieved by action or inaction of Taxicab Authority
entitled to judicial review; regulations of Nevada Transportation Authority
regarding its review of decisions of Taxicab Authority. 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 Nevada
Transportation 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)
NRS 706.2885 Suspension or revocation of certificate, permit or license;
notice and hearing; conditions; judicial review.
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 the grantee’s
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; A 2011, 2655;
2013, 657,
2005, 2180)
Liability Insurance, Bonds and Security
NRS 706.291 Liability insurance to be provided by certain motor carriers;
Authority to designate amounts; Authority and Department jointly to prescribe
amounts and forms by regulation.
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)
NRS 706.296 Duty of carrier engaged in intrastate transportation and
collecting purchase price on delivery of goods sold by shipper to file bond
with Authority. 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)
NRS 706.298 Certain indemnification clauses void and unenforceable.
1. Except as otherwise provided in this
section and notwithstanding any other provision of law, a provision, clause, covenant
or other agreement contained in, collateral to or affecting a contract
concerning motor carrier transportation that purports to indemnify, defend or
hold harmless, or has the effect of indemnifying, defending or holding
harmless, a promisee from or against any liability for loss or damage resulting
from the negligent or intentional acts or omissions of the promisee is against
the public policy of this State and is void and unenforceable.
2. This section does not apply to
agreements, including, without limitation, the Uniform Intermodal Interchange
and Facilities Access Agreement administered by the Intermodal Association of
North America, providing for the interchange, use or possession of intermodal
chassis or other intermodal equipment.
3. As used in this section:
(a) “Contract concerning motor carrier
transportation” means a contract, agreement or understanding covering:
(1) The transportation of property for
compensation or hire by a motor carrier;
(2) The entrance onto property by a motor
carrier for the purpose of loading, unloading or transporting property for
compensation or hire; or
(3) A service incidental to the activity
described in subparagraph (1) or (2), including, without limitation, storage of
property.
(b) “Promisee” means a party to a contract
concerning motor carrier transportation with a promisor and any agent, employee
or independent contractor of the promisee, or of any other person, who is
directly responsible to the promisee. The term does not include a motor carrier
that is a party to a contract concerning motor carrier transportation with a
promisee and any agent, employee or independent contractor of the motor carrier
who is directly responsible to the motor carrier.
(Added to NRS by 2013, 283)
NRS 706.303 Liability insurance to be provided by operators of horse-drawn
vehicles; amount of coverage. 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)
NRS 706.305 Liability insurance to be provided by operators of taxicabs;
amount of coverage. 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)
NRS 706.3052 Operator of taxicab may provide self-insurance; exception.
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 the
operator has not been paid in full.
(Added to NRS by 1989, 1784)
NRS 706.3054 Operator of taxicab may file bond in lieu of insurance.
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 the judgment
creditor’s own use and benefit and at the judgment creditor’s 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)
NRS 706.3056 Operator of taxicab may deposit security with Department in lieu
of insurance.
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
the depositor, 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)
NRS 706.3058 Permitted forms of security. 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)
NRS 706.306 Maintenance of security; affidavit required upon relinquishment
of certificate of self-insurance.
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 a
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
NRS 706.311 Motor carriers and operators of tow cars to provide adequate
service and facilities; charges to be just and reasonable; unjust and
unreasonable charges unlawful.
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)
NRS 706.321 Schedules of rates, fares and charges.
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; 2011, 1401;
2013, 2047)
NRS 706.322 Acceptance by taxicab motor carrier or limousine operator of
credit cards or debit cards for payment of rates, fares or charge: Regulations;
certain acts by issuers prohibited.
1. A taxicab motor carrier or an operator
of a limousine may enter into a contract with an issuer of credit cards and
debit cards to provide for the acceptance of credit cards or debit cards by the
taxicab motor carrier or the operator of a limousine for the payment of rates,
fares and charges owed to the taxicab motor carrier or the operator of a
limousine.
2. The Authority may prescribe by
regulation or order the maximum fee that a taxicab motor carrier or an operator
of a limousine may charge a customer for the convenience of using a credit card
or debit card to make payment to the taxicab motor carrier or the operator of a
limousine. In prescribing such fees, the Authority may consider the expenses
incurred by the taxicab motor carrier or the operator of a limousine in
accepting payment by a credit card or debit card, including, without
limitation:
(a) Costs of required equipment and its
installation;
(b) Administrative costs of processing credit
card or debit card transactions; and
(c) Fees paid to issuers of credit cards or debit
cards.
3. An issuer shall not, by contract or
otherwise:
(a) Prohibit a taxicab motor carrier or an
operator of a limousine from charging and collecting a fee authorized pursuant
to subsection 2; or
(b) Require a taxicab motor carrier or an
operator of a limousine to waive the right to charge and collect a fee
authorized pursuant to subsection 2.
4. As used in this section, “issuer” means
a business organization, financial institution or a duly authorized agency of a
business organization or financial institution which:
(a) Issues a credit card or debit card; or
(b) Enters into a contract with a taxicab motor
carrier, an operator of a limousine or other person to enable or facilitate the
acceptance of a credit card or debit card.
(Added to NRS by 2011, 3657)
NRS 706.323 Limitation on power of Authority to regulate rates.
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 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)
NRS 706.326 Hearing by Authority concerning propriety of new rate, fare,
charge or service; suspension of operation of new schedule; order of Authority.
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)
NRS 706.331 Authority may order substitution of just and reasonable rates,
regulations and practices after investigation and hearing.
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)
NRS 706.341 Operator of tow car required to notify Authority of
discontinuance of towing services; common motor carrier may not discontinue
service without order of Authority.
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)
NRS 706.346 Printing and posting of schedule and joint rates.
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)
NRS 706.351 Free or reduced rates for transportation unlawful; exceptions.
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 with physical or mental disabilities
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 former employees or former employees with disabilities, 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)
NRS 706.356 Certain free transportation prohibited. 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)
NRS 706.361 Persons with disabilities entitled to full and equal enjoyment
of facilities of public transportation; unlawful denial of services and
facilities.
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)
NRS 706.366 Unlawful to refuse service of public transportation or charge
additional fee or deposit to certain persons accompanied by service animal or
service animal in training; remedies.
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 the person is accompanied by a service animal;
(b) Refuse service to a person who is training a
service animal because the person 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)
NRS 706.371 Powers of Authority to regulate contract motor carriers. 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
NRS 706.386 Persons required to obtain certificate. It
is unlawful, except as otherwise provided in NRS 277A.280, 706.446,
706.453 and 706.745,
for any:
1. Fully regulated common motor carrier to
operate as a carrier of intrastate commerce;
2. Owner or operator of a charter bus
which is not a fully regulated carrier to operate as a carrier of intrastate
commerce; or
3. Operator of a tow car to perform towing
services within this State,
Ê 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; 2009, 630, 870)
NRS 706.391 Application for issuance or modification of certificate:
Hearing; standards for reviewing application; duties of applicant; powers of
Authority.
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. Except as otherwise provided in
subsection 6, 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) Must submit a complete set of fingerprints of
each natural person who is identified by the Authority as a significant
principal, partner, officer, manager, member, director or trustee of the
applicant and written permission authorizing the Authority to forward the
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report;
(b) Has the burden of proving to the Authority
that the proposed operation will meet the requirements of subsection 2; and
(c) 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 provisions of subsections 2 to 5,
inclusive, do not apply to an owner or operator of a charter bus. The Authority
shall grant the certificate or modification to an owner or operator of a
charter bus that is not a fully regulated carrier if the Authority finds that
the owner or operator of the charter bus has complied with the provisions of
subsection 1 of NRS 706.463 and any applicable regulations
of the Authority.
7. 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.
8. The Authority may attach to the
certificate such terms and conditions as, in its judgment, the public interest
may require.
9. 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; 2009, 630; 2013, 82)
NRS 706.396 Effect of denial of certificate. 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)
NRS 706.398 Revocation or suspension of certificate: Failure to file annual
report to operate under terms and conditions of certificate or to comply with
provisions of chapter or regulations of Authority. 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)
NRS 706.411 Order of Authority prima facie lawful from date of order. 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
NRS 706.421 Contract motor carrier must obtain permit from Commission. 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)
NRS 706.426 Application for permit: Contents and form. An application for a permit for a new
operation as a contract motor carrier must:
1. Be made to the Authority in writing.
2. Be in such form and be accompanied by
such information as the Authority may require.
3. Include a complete set of the
fingerprints of each natural person who is identified by the Authority as a
significant principal, partner, officer, manager, member, director or trustee
of the applicant and written permission authorizing the Authority to forward
the fingerprints to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation for its report.
(Added to NRS by 1971, 702; A 1997, 1942; 2013, 83)
NRS 706.431 Conditions for issuance or denial of permit; approval of
contract entered into after issuance of permit.
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. If the Authority proceeds with a
hearing on an application for a permit, the Authority shall fix a time and
place for the hearing.
3. The Authority may dispense with the
hearing, if any, 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 permit.
4. An application must be denied if the
provisions of subsection 1 are not met.
5. 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.
6. The Authority shall adopt regulations
providing for a procedure by which any contract entered into by a contract
motor carrier after the contract motor carrier 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; 2009, 632)
NRS 706.436 Effect of denial of permit. 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
NRS 706.437 Certain common carriers of property to obtain written approval
from Department.
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)
NRS 706.438 Conditions for issuance of written approval. 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)
NRS 706.439 Department authorized to issue written approval at time of
registration or licensing of carrier’s fleet.
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)
NRS 706.4395 Cancellation of written approval. 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 the carrier’s 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
NRS 706.442 Requirements. 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 provider of service shall:
(a) Attempt to resolve the dispute; and
(b) Identify the provider’s carrier of 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)
NRS 706.443 Enforcement of provisions of NRS 706.442 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
NRS 706.445 Limitations on power of Authority to regulate towing services. 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)
NRS 706.446 Certain operators of tow cars not required to obtain
certificates of public convenience and necessity. 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)
NRS 706.4463 Requirements for operators of tow cars: Certificates of public
convenience and necessity; size and weight of tow cars; applications for
certificates.
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 the operator provides any services
other than those services which the operator 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:
(a) File an application with the Authority; and
(b) Submit to the Authority a complete set of
fingerprints of each natural person who is identified by the Authority as a
significant principal, partner, officer, manager, member, director or trustee
of the applicant and written permission authorizing the Authority to forward
the fingerprints to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation for its report.
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 the applicant 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 the applicant 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; 2011, 1402;
2013, 84,
2048, 2158)
NRS 706.4464 Transfer of certificate of public convenience and necessity:
Conditions; application; hearing; approval.
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. The application must include a complete set of
fingerprints of each natural person who is identified by the Authority as a
significant principal, partner, officer, manager, member, director or trustee
of the transferee and written permission authorizing the Authority to forward
the fingerprints to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation for its report.
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 the transferee 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 the transferee 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; A 2013, 84, 2049)
NRS 706.4465 Operator of tow car required to maintain dispatcher’s log. 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)
NRS 706.4467 Requirements for towing and storing towed motor vehicles, cargo
and personal property. 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 the operator’s
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 the operator’s 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 the
owner’s 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)
NRS 706.4468 Operator of tow car required to file charges for preparing or
satisfying liens with Authority; conditions for imposing charges.
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:
(a) May investigate any charge filed pursuant to
this subsection and revise the charge as necessary to ensure that the charge is
reasonable.
(b) Shall reduce any charge filed pursuant to
this subsection if the Authority determines that the charge is unreasonable
because the charge is attributable, in whole or in part, to failure on the part
of the operator of the tow car to prepare or satisfy the operator’s lien in a
timely manner.
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; A 2009, 1305)
NRS 706.4469 Release of motor vehicle connected to tow car at point of
origination of towing. 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)
NRS 706.4473 Operator required to inform owner of towed motor vehicle of
right to file complaint with Authority. 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)
NRS 706.4475 Operator prohibited from knowingly towing vehicle after another
operator already requested. 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)
NRS 706.4477 Conditions for person other than owner of motor vehicle or
county or city to request towing; payment of costs by owner; exceptions.
1. 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:
(a) The person requesting the towing must be the
owner of the real property from which the vehicle is towed or an authorized
agent of the owner of the real property 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.
(b) The area from which the vehicle is to be
towed must be appropriately posted in accordance with state or local
requirements.
(c) Notice must be given to the appropriate law
enforcement agency pursuant to state and local requirements.
(d) The operator may be directed to terminate the
towing by a law enforcement officer.
2. If towing is requested by a county or
city pursuant to NRS 244.3605 or 268.4122, as applicable:
(a) Notice must be given to the appropriate law
enforcement agency pursuant to state and local requirements.
(b) The operator may be directed to terminate the
towing by a law enforcement officer.
3. The registered owner of a motor vehicle
towed pursuant to the provisions of subsection 1 or 2:
(a) Is presumed to have left the motor vehicle on
the real property from which the vehicle is towed; and
(b) Is responsible for the cost of removal and
storage of the motor vehicle.
4. The registered owner may rebut the
presumption in subsection 3 by showing that:
(a) The registered owner transferred the
registered owner’s interest in the motor vehicle:
(1) Pursuant to the provisions set forth
in NRS 482.399 to 482.420, inclusive; or
(2) As indicated by a bill of sale for the
vehicle that is signed by the registered owner; or
(b) The vehicle is stolen, if the registered
owner submits evidence that, before the discovery of the vehicle, the
registered owner filed an affidavit with the Department or a written report
with an appropriate law enforcement agency alleging the theft of the vehicle.
(Added to NRS by 1995, 1511; A 1995, 1513; 1997, 2683; 2009, 1306;
2013, 1880)
NRS 706.4479 Duties of operator if motor vehicle towed at request of person
other than owner; limitations on certain fees and charges.
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 of the tow car 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 towing and storage;
(4) Of the date and time the vehicle was
placed in storage;
(5) Of the actions that the registered and
legal owner of the vehicle may take to recover the vehicle while incurring the
lowest possible liability in accrued assessments, fees, penalties or other
charges; and
(6) Of the opportunity to rebut the
presumptions set forth in NRS 487.220
and 706.4477.
(b) If the identity of the registered and legal
owner is not known or readily available, make every reasonable attempt and use
all resources reasonably necessary, as evidenced by written documentation, to
obtain the identity of the owner and any other necessary information from the
agency charged with the registration of the motor vehicle in this State or any
other state within:
(1) Twenty-one 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
(2) Fifteen days after placing any other
motor vehicle in storage.
Ê The operator
shall attempt to notify the owner of the vehicle by certified mail as soon as
possible, but in no case later than 15 days after identification of the owner
is obtained for any motor vehicle.
2. If an operator includes in the operator’s
tariff a fee to be charged to the registered and legal owner of a vehicle for
the towing and storage of the vehicle, the fee may not be charged:
(a) For more 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
(b) For more than 15 days after placing any other
vehicle in storage,
Ê unless the
operator complies with the requirements set forth in subsection 1.
3. 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 or after having been stolen and
subsequently recovered, the operator shall not:
(a) Satisfy any lien or impose any administrative
fee or processing fee with respect to the motor vehicle for the period ending 4
business days after the date on which the motor vehicle was placed in storage;
or
(b) Impose any fee relating to the auction of the
motor vehicle until after the operator complies with the notice requirements
set forth in NRS 108.265 to 108.367, inclusive.
(Added to NRS by 1995, 1511; A
1997 1513; 1997,
2683; 2001,
2637; 2005,
703; 2007,
423; 2009,
1306; 2011,
1403; 2013,
2159)
NRS 706.44793 Operator required to accept certain forms of payment. An operator of a tow car shall accept cash,
money orders, credit cards, debit cards and any electronic transfer of money as
payment for towing services. As used in this section, “electronic transfer of
money” has the meaning ascribed to it in NRS
463.01473.
(Added to NRS by 2013, 2157)
NRS 706.44797 Operator authorized to enter into contracts with issuers of
credit cards and debit cards for acceptance of payment of rates, fares and
charges.
1. An operator of a tow car may enter into
contracts with issuers of credit cards and debit cards to provide for the
acceptance of credit cards and debit cards by the operator of a tow car for the
payment of rates, fares and charges owed to the operator of a tow car.
2. The Authority may, as part of its
investigation or review of any rates, fares or charges of a tow car operator
that are subject to the approval of the Authority, consider the expenses
incurred by the operator of a tow car in accepting payment by a credit card or
debit card, including, without limitation:
(a) Costs of required equipment and its
installation;
(b) Administrative costs of processing credit
card or debit card transactions; and
(c) Fees paid to issuers of credit cards or debit
cards.
3. An operator of a tow car may offer a
discount to a customer for payment in cash of any rate, fare or charge.
4. As used in this section, “issuer” means
a business organization, financial institution or a duly authorized agency of a
business organization or financial institution which:
(a) Issues a credit card or debit card; or
(b) Enters into a contract with an operator of a
tow car or other person to enable or facilitate the acceptance of a credit card
or debit card.
(Added to NRS by 2013, 2157)
NRS 706.4481 Conditions for insurer to obtain possession of motor vehicle
towed at request of person other than owner; Commissioner of Insurance to
establish standard consent form; immunity of operator from civil or criminal
liability.
1. If a motor vehicle is towed at the
request of someone other than the owner or an authorized agent of the owner, an
insurer may obtain possession of the motor vehicle from the operator of the tow
car if the insurer:
(a) Obtains the consent of the owner or
authorized agent of the owner pursuant to NRS
690B.037; and
(b) Provides to the operator of the tow car a
consent form which satisfies the requirements of subsection 2.
2. The Commissioner of Insurance shall, by
regulation, establish a standard consent form for the purposes of this section,
which must include, without limitation:
(a) The name of the owner of the motor vehicle or
the authorized agent of the owner from whom the insurer obtained consent
pursuant to NRS 690B.037;
(b) The name of the insurer or his or her agent
who obtained the consent of the owner or the authorized agent of the owner
pursuant to NRS 690B.037 and the date
on which the consent was obtained;
(c) A statement that the insurer obtained the
consent of the owner or the authorized agent of the owner pursuant to NRS 690B.037;
(d) The policy number of the policy of motor
vehicle insurance applicable to the motor vehicle;
(e) The vehicle identification number of the
motor vehicle;
(f) The model year and make of the motor vehicle;
(g) A statement that the insurer will indemnify
the operator of the tow car for any liability relating to the release of the
motor vehicle to the insurer; and
(h) Any other information required by the
Commissioner of Insurance.
3. An operator of a tow car is not liable
in any civil or criminal action for any act related to the release of a motor
vehicle to an insurer pursuant to a consent form provided to the operator of
the tow car by an insurer pursuant to subsection 1.
(Added to NRS by 2011, 1400)
NRS 706.4483 Authority to act upon complaints relating to operators of tow
cars; remedies.
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; 2011, 1404;
2013, 2050,
2160)
NRS 706.4485 Conditions for inclusion of operator of tow car on list
maintained and used by law enforcement agency; rates charged to law enforcement
agencies; Nevada Highway Patrol prohibited from removing operator from list or
restricting use of operator under certain circumstances.
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
the operator:
(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 484A to 484E,
inclusive, 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) Except as otherwise provided in NRS 706.4489, 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 the operator’s 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; 2013, 2050)
NRS 706.4487 Legislative declaration concerning designation of vehicle
storage lots by insurance companies. The
Legislature hereby finds and declares that:
1. Towing a vehicle, either after an
accident or after the vehicle is stolen and subsequently recovered, to a
vehicle storage lot designated by the insurer of the vehicle will result in the
placement of vehicle storage lots in more locations, as insurance companies
will designate as many vehicle storage lots as are necessary to provide
coverage throughout the county, thus enhancing safety by limiting both the time
and distance that a tow car is traveling with a towed vehicle.
2. Authorizing insurance companies to
designate vehicle storage lots will enhance safety by ensuring that the
vehicles towed thereto are stored in locations which:
(a) Guarantee safe access to the vehicles by
their owners; and
(b) Protect the property of the owners of the
vehicles, including, without limitation, the vehicles themselves.
3. The provisions of NRS 706.4489 constitute an exercise of the safety
regulatory authority of this State with respect to motor vehicles.
(Added to NRS by 2013, 2043)
NRS 706.4489 Insurance companies authorized to designate vehicle storage lots
in certain larger counties to which certain vehicles are towed at request of
law enforcement; indemnification of law enforcement; responsibilities of
designated vehicle storage lot; certain rates and charges prohibited; approval
of Authority required.
1. An insurance company may designate one
or more vehicle storage lots to which all vehicles that are towed at the
request of a law enforcement officer:
(a) Following an accident; or
(b) Following recovery after having been stolen,
Ê and which
are insured by that insurance company must be towed pursuant to subsection 2.
The designation of a vehicle storage lot must be provided in writing by the
insurance company, its representative or the owner or operator of the vehicle
storage lot to all providers of towing services that have obtained a
certificate of public convenience and necessity and operate in the same
geographical area in which the designated vehicle storage lot is situated.
2. If a law enforcement officer requests
that an operator of a tow car tow a vehicle following an accident or following
recovery after having been stolen and the vehicle is not otherwise subject to
impoundment, the law enforcement officer shall make a good faith effort to
determine the identity of the insurance company that provides coverage for the
owner of the vehicle. If the law enforcement officer determines the identity of
the insurance company, he or she shall inform the operator of the tow car of the
identity of the insurance company. If the operator of the tow car:
(a) Is informed by a law enforcement officer of
the identity of the insurance company that provides coverage for the owner of
the vehicle; or
(b) Otherwise determines the identity of the
insurance company that provides coverage for the owner of the vehicle,
Ê and the
insurance company has designated a vehicle storage lot pursuant to subsection
1, the operator of the tow car shall tow the vehicle to the designated vehicle
storage lot unless the owner of the vehicle or a representative of the
insurance company has directed otherwise.
3. If an operator of a tow car fails to
tow a vehicle to the designated vehicle storage lot pursuant to subsection 2,
the operator of the tow car shall:
(a) Forfeit the charge for towing and storage of
the vehicle; and
(b) Tow the vehicle free of charge to the vehicle
storage lot designated by the insurance company or its representative not later
than 24 hours after receiving a demand, which must be made in writing or by
electronic mail, from the insurance company or its representative.
4. The owners of a vehicle storage lot
designated by an insurance company pursuant to subsection 1 shall agree in
writing to indemnify the relevant law enforcement agencies and their officers,
employees, agents and representatives from any liability relating to the towing
of a vehicle insured by the designating insurance company and to the storing of
the vehicle at the vehicle storage lot if the law enforcement officer who
requested the towing of the vehicle made a good faith effort to comply with the
provisions of subsection 2.
5. A vehicle storage lot must:
(a) Maintain adequate, accessible and secure
storage within the State of Nevada for any vehicle that is towed to the vehicle
storage lot;
(b) Comply with all standards a law enforcement
agency may adopt pursuant to NRS 706.4485 to
protect the health, safety and welfare of the public;
(c) Comply with all local laws and ordinances
applicable to that business, including, without limitation, local laws and
ordinances relating to business licenses, zoning, building and fire codes,
parking, paving, lights and security; and
(d) If the vehicle storage lot is a salvage pool
as that term is defined in NRS 487.400,
comply with all applicable requirements imposed pursuant to NRS 487.400 to 487.510, inclusive.
6. If a vehicle storage lot has rates and
charges that have been approved by the Authority for the storage of a vehicle,
the vehicle storage lot is not required to assess those rates and charges for
the storage of a vehicle that is towed to the vehicle storage lot in accordance
with this section, but may not assess a rate or charge in excess of those
approved rates and charges. If a vehicle storage lot does not have rates and
charges that have been approved by the Authority, it may not assess a rate or
charge in excess of the rates and charges for the storage of a vehicle that
have been approved by the law enforcement agency that requested the tow. If the
requesting law enforcement agency does not have approved rates and charges, the
vehicle storage lot may not assess a rate or charge in excess of the rates and
charges for the storage of a vehicle that have been approved by the largest law
enforcement agency in the county. An operator of a tow car who tows a vehicle
to a vehicle storage lot pursuant to this section:
(a) Shall assess the rates and charges approved
by the Authority for towing the vehicle.
(b) Is entitled to payment from the operator of
the vehicle storage lot at the time the vehicle is towed to the vehicle storage
lot.
7. Before designating a vehicle storage
lot pursuant to subsection 1, an insurance company must obtain the approval of
the Authority. The Authority shall approve the designation if the Authority
determines that the vehicle storage lot has:
(a) Executed an indemnification agreement that
meets the requirements of subsection 4;
(b) Satisfied the requirements of subsection 5;
and
(c) Otherwise satisfied the requirements of this
section.
8. The provisions of this section apply
only to a county whose population is 700,000 or more.
9. As used in this section:
(a) “Boat” means any vessel or other watercraft,
other than a seaplane, used or capable of being used as a means of
transportation on the water.
(b) “Vehicle” has the meaning ascribed to it in NRS 706.146 and includes all terrain vehicles and
boats.
(c) “Vehicle storage lot” means a business which,
for a fee, stores vehicles that are towed at the request of a law enforcement
officer following an accident or following recovery after having been stolen
and includes, without limitation, a salvage pool, as that term is defined in NRS 487.400, which operates a vehicle
storage lot in accordance with the provisions of this section. The term does
not include a salvage pool that has not elected to operate a vehicle storage
lot in accordance with the provisions of this section and is operating within
the scope of its authority pursuant to NRS
487.400 to 487.510, inclusive.
(Added to NRS by 2013, 2044)
NRS 706.449 Administrative fine for failure to pay charge for cleaning
roadway after accident. 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 484D.470.
(Added to NRS by 1991, 247; A 1997, 1946)
NRS 706.451 Annual fee; penalty and interest.
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)
NRS 706.453 Exemption of certain automobile wreckers. 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; 2013, 2160)
Subpoenas; Orders to Cease and Desist
NRS 706.457 Authority may subpoena certain persons who have not obtained
certificate of public convenience and necessity or permit. 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 the person’s relevant books, papers and records
and to testify concerning the scope, nature and conduct of the person’s
business.
(Added to NRS by 1979, 817; A 1995, 2616; 1997, 1947)
NRS 706.458 Enforcement of subpoena.
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
the witness 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 the witness 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)
NRS 706.461 Investigation of operations and advertising; hearing; order to
cease and desist. 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 the person’s 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)
Drivers’ Permits for Drivers of Certain Motor Carriers
NRS 706.462 Issuance and renewal; application requirements; fees.
1. A person shall not drive a charter bus
for the purposes of charter bus transportation, a motor vehicle for a fully
regulated carrier of passengers or a taxicab motor carrier as an employee,
independent contractor or lessee unless the person has been issued a driver’s
permit by the Authority pursuant to this section.
2. The Authority shall issue a driver’s
permit to each applicant who satisfies the requirements of this section. Before
issuing a driver’s permit, the Authority shall:
(a) Require the applicant to submit a complete
set of his or her fingerprints, which the Authority shall 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 may further investigate
the applicant’s background; and
(b) Require proof that the applicant is employed
or under a contract or lease agreement or has an offer of employment, a
contract or a lease agreement that is contingent on the applicant obtaining a
driver’s permit pursuant to this section and:
(1) Has a valid license issued pursuant to
NRS 483.340 which authorizes the
applicant to drive in this State any motor vehicle that is within the scope of
the employment, contract or lease; or
(2) If the driver is a resident of a state
other than Nevada, has a valid license issued by the state in which he or she
resides which authorizes the applicant to drive any motor vehicle that is
within the scope of the employment, contract or lease.
3. The Authority may refuse to issue a
driver’s permit if:
(a) The applicant has been convicted of:
(1) A felony, other than a sexual offense,
in this State or any other jurisdiction within the 5 years immediately
preceding the date of the application;
(2) A felony involving any sexual offense
in this State or any other jurisdiction at any time before the date of the
application; or
(3) A violation of NRS 484C.110 or 484C.430 or a law of any other jurisdiction
that prohibits the same or similar conduct within the 3 years immediately
preceding the date of the application.
(b) After further investigation into the
applicant’s background, if any, the Authority determines that the issuance of
the driver’s permit would be detrimental to public health, welfare or safety.
4. A driver’s permit issued pursuant to
this section is valid for not longer than 3 years, but lapses if the driver
ceases to be employed by the carrier identified in the application for the
original or renewal permit or if the contract or lease expires and the driver
enters into a contract or lease with a different carrier. A driver must notify
the Authority within 10 days after the lapse of a permit and obtain a new
permit pursuant to this section before driving for a different carrier.
5. An applicant shall pay to the
Authority:
(a) A fee for the processing of fingerprints
which is to be established by the Authority and which may not exceed the fee
charged by the Central Repository for Nevada Records of Criminal History and
the Federal Bureau of Investigation for processing the fingerprints.
(b) For an original driver’s permit, a fee not to
exceed $50.
(c) For the renewal of a driver’s permit, a fee
not to exceed $50.
6. As used in this section, “charter bus
transportation” means transportation by bus of a group of persons who, pursuant
to a common purpose and under a single contract, at a fixed charge for the
motor vehicle, have acquired the exclusive use of the motor vehicle to travel
together under an itinerary either specified in advance or modified after
having left the place of origin. The term does not include:
(a) The transportation of passengers and their
baggage in the same vehicle for a per capita charge between airports or between
an airport and points and places in this State;
(b) The transportation at a per capita or an
hourly rate of passengers to various points of interest for the purpose of
sightseeing or visiting those points of interest where a narrated tour is
presented to the passengers; or
(c) The transportation of persons who have
acquired the use of a vehicle for a special event between definite points of
origin and destination, at a per capita rate.
(Added to NRS by 2013, 2177)
NRS 706.4622 Statement by applicant concerning payment of child support;
grounds for denial of permit; duty of Authority. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
driver’s permit pursuant to NRS 706.462 shall:
(a) Include the social security number of the
applicant in the application submitted to the Authority.
(b) Submit to the Authority the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Authority shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the driver’s permit; or
(b) A separate form prescribed by the Authority.
3. A driver’s permit may not be issued or
renewed by the Authority if the applicant:
(a) Fails to submit the statement required pursuant
to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Authority shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 2013, 2178)
NRS 706.4624 Suspension of permit for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of permit. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Authority receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a driver’s permit, the Authority shall deem the driver’s permit
issued to that person to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Authority receives a letter
issued to the holder of the driver’s permit by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the driver’s permit has complied with the subpoena
or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Authority shall reinstate a
driver’s permit that has been suspended by a district court pursuant to NRS 425.540 if the Authority receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose driver’s
permit was suspended stating that the person whose driver’s permit was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 2013, 2179)
Charter Buses
NRS 706.463 Regulation of owner or operator of charter bus which is not
fully regulated carrier: Safety; liability insurance and bonds; fingerprinting;
schedules and tariffs. 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;
3. Submit a complete set of the fingerprints
of each natural person who is identified by the Authority as a significant
principal, partner, officer, manager, member, director or trustee of the owner
or operator and written permission authorizing the Authority to forward the
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report; and
4. 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; A 2013, 85)
Limousines
NRS 706.465 Annual fee; technology fee; penalty and interest.
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. An operator of a limousine shall:
(a) Charge and collect a technology fee in an
amount set by the Authority for each compensable trip by a limousine that the
Authority has authorized the operator to operate, if a computerized real-time
data system is used for the purposes set forth in NRS
706.165; and
(b) Remit to the Authority, not later than the
10th day of each month, all technology fees collected by the operator pursuant
to this subsection for the immediately preceding month.
Ê The fee
charged pursuant to this subsection may only be charged within a county whose
population is 700,000 or more, and may be included in the operator’s tariff.
3. 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.
4. As used in this section:
(a) “Computerized real-time data system” means
the computerized real-time data system implemented by the Authority pursuant to
subsection 3 of NRS 706.1516.
(b) “Limousine” includes:
(1) A livery limousine; and
(2) A traditional limousine.
(Added to NRS by 2003, 3207; A 2013, 2535)
Taxicab Motor Carriers
NRS 706.471 Annual fee; technology fee; penalty and interest.
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, an annual fee of not more than $75 as determined by a regulation
of the Authority.
2. The annual fee provided in this section
must be paid on or before January 1 of each year.
3. The annual 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. In addition to the annual fee provided
in subsection 1, each taxicab motor carrier shall:
(a) Charge and collect a technology fee in an
amount set by the Authority for each compensable trip by a taxicab which it
operates, including each taxicab it leases pursuant to NRS
706.473; and
(b) Remit to the Authority, not later than the
10th day of each month, all fees collected by the operator pursuant to this
subsection for the immediately preceding month.
Ê The fee
charged pursuant to this subsection may only be charged within a county whose
population is 700,000 or more, and may be added to the passenger fare charged
as indicated on the taximeter.
5. 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; 2013, 2536)
NRS 706.473 Leasing of taxicab to independent contractor: Authorization in
certain counties; limitations; approval of agreement; liability for violations;
intervention in civil action by Authority.
1. In a county whose population is less
than 700,000, 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 the person
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; 2011, 1312)
NRS 706.475 Leasing of taxicab to independent contractor: Regulations of
Authority.
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)
NRS 706.4755 Posting of sign concerning assault or battery on driver.
1. Each taxicab motor carrier shall post
at least one sign which meets the requirements of this section inside each
taxicab that he or she operates in a location conspicuous to the passengers of
the taxicab.
2. Each sign required by subsection 1 must
contain a notice in at least 16-point bold type that is easy to read and is in
substantially the following form:
WARNING
ASSAULT UPON A TAXICAB DRIVER IS
PUNISHABLE BY UP TO 6 YEARS IN PRISON. BATTERY UPON A TAXICAB DRIVER IS
PUNISHABLE BY UP TO 15 YEARS IN PRISON.
(Added to NRS by 2013, 1036)
NRS 706.4757 Blood, breath or urine test on employee or lessee for presence
of alcohol or controlled substance; regulations.
1. Except as otherwise provided in this
section, if a taxicab motor carrier requires an employee or lessee to submit to
a test for the presence of alcohol or a controlled substance in his or her
blood, breath or urine and the employee or lessee tests positive for the
presence of alcohol or a controlled substance in his or her blood, breath or
urine, the taxicab motor carrier shall:
(a) Maintain a record of the results of the test;
(b) Provide to the Authority a record of the
results of the test; and
(c) Release a record of the results of the test
to another taxicab motor carrier upon request.
2. For the purposes of this section, a
record of the results of a test administered as described in subsection 1:
(a) Must indicate only that the results of the
test were positive or negative; and
(b) Must not be maintained by a taxicab motor
carrier or the Authority for a period of more than 1 year.
3. The Authority may adopt regulations to
carry out its duties pursuant to this section.
(Added to NRS by 2013, 2004)
Impoundment of Certain Vehicles
NRS 706.476 Impoundment by Authority of certain vehicles in unauthorized
use; notice and hearing; administrative fine. Except
as otherwise provided in NRS 706.478:
1. A vehicle used as a taxicab, limousine
or other passenger vehicle in passenger service or to provide towing services
or the transportation of household goods must be impounded by the Authority if
a certificate of public convenience and necessity is required to be issued to
authorize its operation but has not been issued to authorize 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 may
post a bond in the amount of $20,000 to ensure the registered owner’s presence
at all proceedings held pursuant to this section;
(b) Of the time set for the hearing; and
(c) Of the registered owner’s 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) Posts a bond in the amount of $20,000 with
the Authority; or
(b) Proves that:
(1) The person is the registered owner of
the vehicle;
(2) The person holds a valid certificate
of public convenience and necessity, if required; and
(3) The vehicle meets all required
standards of the Authority.
Ê The
Authority shall return the vehicle to its registered owner when the owner meets
the requirements of paragraph (a) or (b) and pays all costs of impoundment.
3. If the registered owner is unable to
meet the requirements of subparagraph (2) or (3) of paragraph (b) 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 the registered owner’s 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; 2009, 24, 632)
NRS 706.478 Short-term lessor not liable for fine or penalty related to
impoundment of certain vehicles in unauthorized use if vehicle in care, custody
or control of lessee; evidence of care, custody or control; release of vehicle
to short-term lessor.
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
NRS 706.481 Operator of motor vehicle within provisions of chapter deemed
owner; joint and several liability of lessor and lessee for fees, taxes,
penalties and interest.
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)
NRS 706.491 Motor carrier must be licensed. 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)
NRS 706.495 Medical examiner’s certificate; issuance; renewal; health
requirement.
1. Before applying to a taxicab motor
carrier for employment or a contract or lease as a driver of a taxicab, a
person must obtain a medical examiner’s certificate with two copies thereof
from a medical examiner who is licensed to practice in the State of Nevada. The
prospective driver must provide a copy of the certificate to the taxicab motor
carrier.
2. A medical examiner shall issue the
certificate and copies described in subsection 1 if the medical examiner 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 medical examiner has examined the prospective driver and
has found that the prospective driver meets the health requirements described
in subsection 2. The certificate must be signed and dated by the medical examiner.
4. The medical examiner’s certificate
required by this section expires 2 years after the date of issuance and may be
renewed.
5. As used in this section, “medical
examiner” means a physician, as defined in NRS
0.040, or a chiropractic physician licensed pursuant to chapter 634 of NRS.
(Added to NRS by 2013, 656)
NRS 706.521 Temporary permit for certain motor vehicles; fee.
1. Any person has the option, in lieu of
causing a commercial motor vehicle as defined in 49 C.F.R. § 350.105 which has
a gross vehicle weight rating or combined gross vehicle weight rating in excess
of 10,000 pounds to be licensed pursuant to the provisions of NRS 482.482 or 706.841,
of purchasing a temporary permit and paying a fee of $5 plus 15 cents for each
mile the Department estimates the vehicle will travel within the State of
Nevada during the effective period of the temporary permit.
2. Except as otherwise provided in
subsection 3, a temporary permit authorizes operation over the highways of this
State from point of entry to point of exit for not more than 24 consecutive
hours.
3. The Department may issue to the owner
or operator of a common motor carrier of passengers a temporary permit which
authorizes operation for not more than 120 consecutive hours.
4. If a person is issued a temporary
permit pursuant to the provisions of this section, the Department shall credit
the cost of that permit against the cost of any license subsequently issued to
that person pursuant to the provisions of either NRS 482.482 or 706.841
whose effective dates include the effective dates of the temporary permit, or
if that license fee has been satisfied, against any fee owed to the Department
pursuant to the provisions of chapter 366 of
NRS.
(Added to NRS by 1971, 706; A 1973, 696; 1979, 1077; 1981, 1050; 1985, 1844, 2130; 1987, 608; 1989, 1410; 1993, 1986; 1995, 314; 1997, 323; 2009, 468)
NRS 706.531 Combinations of vehicles: Special identifying devices; display;
transfer; fee; penalties.
1. The Department of Transportation shall
approve an application for a permit pursuant to the provisions of subsection 5
of NRS 484D.615. 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 registration cycle
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 required pursuant to this subsection is in addition to all other
fees required by the provisions of this chapter. The Department of
Transportation shall adopt regulations establishing registration cycles for
permits issued pursuant to this section and establishing procedures for
assigning a person applying for a permit pursuant to this section to a
particular registration cycle.
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 this
section and NRS 484D.615 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 registration cycle 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 registration cycle; 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; 2011, 1666)
NRS 706.541 Purchase of temporary permit required before entering State. 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 706.841
shall secure a permit from a vendor authorized to issue those permits pursuant
to NRS 481.051 before entering this
State.
(Added to NRS by 1971, 707; A 1973, 696; 1987, 610; 1989, 1412; 1995, 316; 1999, 401; 2009, 468)
NRS 706.546 Charge for credit allowed against subsequent fees. 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)
NRS 706.561 Temporary waiver of fees in emergency. 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)
NRS 706.566 Civil action for collection of unpaid fees. 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)
NRS 706.571 Procedure for refund of fee, penalty or interest.
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)
NRS 706.576 Injunction or other process to prevent collection of fees
prohibited; action to recover amount paid under protest.
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)
NRS 706.581 Action to recover amount paid: Time to sue; waiver of right;
consideration of grounds of illegality.
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)
NRS 706.586 Judgment for plaintiff: Disposition of amount; interest.
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)
NRS 706.591 Issuance of writ of attachment; bond or affidavit not required. 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)
NRS 706.596 Evidentiary effect of verified claim of Department. 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)
NRS 706.601 Delinquent fees, interest and penalties constitute lien against
motor vehicle; time of attachment of lien; Department to notify registered
owner before seizure and sale of vehicle; hearing. 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 the person’s 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)
NRS 706.606 Duration of lien. 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)
NRS 706.611 Priority of lien. 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)
NRS 706.616 Transfer of ownership or license: Issuance of certificate of
registration or title or transfer of license prohibited until Department
certifies removal of lien.
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)
NRS 706.621 Notice by Department to person controlling credits or property
of delinquent licensee; limitations on transfer or disposition of property.
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)
NRS 706.626 Revocation or denial of license: Notice and hearing.
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 the licensee’s last known address ordering the licensee 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)
NRS 706.631 Remedies of State cumulative; election of remedies. 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
NRS 706.6411 Procedure; limitation on transfer of stock of corporate motor
carriers other than operators of tow cars.
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. The
application must include a complete set of fingerprints of each natural person
who is identified by the Authority as a significant principal, partner,
officer, manager, member, director or trustee of the transferee and written
permission authorizing the Authority to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report. 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; 2013, 86)
Limitations on Hours of Service for Certain Drivers
NRS 706.672 Definitions. As
used in NRS 706.672 to 706.692,
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; A 2007, 673)
NRS 706.675 “Commercial motor vehicle” defined. “Commercial
motor vehicle” has the meaning ascribed to it in 49 C.F.R. § 350.105.
(Added to NRS by 2005, 1351)
NRS 706.678 “Intrastate driver” defined. “Intrastate
driver” means a driver who operates a commercial motor vehicle exclusively
within this State for a period of 7 or more consecutive days. The term does not
include a person who is an employee of a public utility, as that term is
defined in NRS 704.020.
(Added to NRS by 2005, 1351; A 2007, 673)
NRS 706.682 Limitations on intrastate drivers of commercial motor vehicles.
1. 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; A 2007, 673)
NRS 706.692 Limitations on drivers of other regulated motor vehicles.
1. Except as otherwise provided in NRS 706.672 to 706.692,
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; 2007, 674)
Exemptions
NRS 706.736 Exemption of certain vehicles and transportation from provisions
regulating certain motor carriers; applicability of certain provisions.
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 the contractor’s own equipment in the
contractor’s own vehicles from job to job.
(b) Any person engaged in transporting the
person’s own personal effects in the person’s 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 the person 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.
(g) The transportation by a private school of
persons or property in connection with the operation of the school or related
school activities, so long as the vehicle that is used to transport the persons
or property does not have a gross vehicle weight rating of 26,001 pounds or
more and is not registered pursuant to NRS 706.801
to 706.861, inclusive.
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 the person’s actual operation as prescribed in this chapter,
computed from the date when that operation began.
5. As used in this section, “private
school” means a nonprofit private elementary or secondary educational
institution that is licensed in this State.
(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; 2007, 377; 2011, 2655;
2013, 284,
658, 2005, 2160, 2180)
NRS 706.741 Exemption of certain vehicles used in business of resort hotel
that holds nonrestricted gaming license; requirements regarding inspection of
such vehicles.
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)
NRS 706.745 Exemption of ambulances, hearses and certain carriers from
requirements of NRS 706.386 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 participation in jobs and day training services as
defined in NRS 435.176 if the
transportation is available upon request and without regard to regular routes
or fixed schedules;
(c) Nonmedical transportation of persons with
disabilities 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. In a county whose population:
(a) Is less than 700,000, a nonprofit carrier of
elderly persons or persons with disabilities 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.
(b) Is 700,000 or more, a nonprofit carrier of
elderly persons or persons with disabilities is not required to obtain a
certificate of public convenience and necessity to operate as a common motor
carrier of such passengers only, but:
(1) Only if the nonprofit carrier:
(I) Does not charge for
transportation services;
(II) Provides transportation
services pursuant to a contract with the Department of Health and Human
Services entered into pursuant to NRS
422.2705; or
(III) Enters into an agreement for
the purchase of its service by an incorporated city, county or regional
transportation commission; and
(2) 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; 2009, 1291,
2241; 2011, 1313)
NRS 706.749 Permit for employer transporting employees between place of work
and homes or central areas for parking; requirements.
1. The Authority may issue a permit, valid
for 1 year after the date of issuance, to an employer to transport the
employees of that employer 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 the employer will regularly use to transport 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
NRS 706.756 Unlawful acts; criminal 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 the
failure to obey such an order, decision or regulation of the Authority or the
Department;
(f) Advertises, solicits, proffers bids or
otherwise is held 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 the person’s 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; 2011, 2656,
3658; 2013, 659, 1037, 2006, 2161, 2181, 2536)
NRS 706.758 Unlawful for person to advertise services for which certificate
or permit is required unless person holds certificate or permit; orders to
cease and desist unlawful advertising; procedure for disconnecting or changing
telephone or paging number included in unlawful advertising.
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 the person
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 the person 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)
NRS 706.761 Civil penalty for failure to furnish report or allow inspection
of books.
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)
NRS 706.766 Receipt of compensation not in conformity with rates filed with
Authority unlawful; granting of rebate or special privilege unlawful.
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)
NRS 706.771 Civil penalty or administrative fine by Authority for certain
violations.
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)
NRS 706.772 Administrative fines: Repayment plans; notice; notification
provided to Department of Motor Vehicles.
1. If the Authority imposes an
administrative fine pursuant to NRS 706.476 or 706.771 in an amount greater than $100, the person who
is responsible for payment of the administrative fine shall:
(a) Pay to the Authority the full amount of the
administrative fine and any other costs related to the administrative fine owed
by that person; or
(b) If the person is unable to pay the full
amount owed, enter into a plan of repayment with the Authority for the payment
over time of the administrative fine.
2. The Authority shall, within 20 days
after imposing an administrative fine pursuant to NRS
706.476 or 706.771, provide notice by
first-class mail to the person against whom the administrative fine is imposed.
The notice must include a statement:
(a) Of the amount of the administrative fine and
any other costs which must be paid to the Authority;
(b) That the person must, within 14 days after
receiving the notice:
(1) Pay to the Authority the full amount
of the administrative fine and any other costs; or
(2) If a plan of repayment has been
approved by the Authority, comply with the terms of the plan of repayment; and
(c) That the Authority is required to notify the
Department of Motor Vehicles of the failure to pay the amount owed and that the
Department may suspend the driver’s license of the person for failure to pay
the administrative fine and any other costs.
3. The Authority shall provide to the
Department of Motor Vehicles the name of a person to whom a notice is sent
pursuant to subsection 2 and the date on which the notice was sent.
4. The Authority shall, within 5 days
after receiving payment from a person or approving a plan of repayment, notify
the Department of Motor Vehicles that the person has satisfied the requirements
for payment of the administrative fine and any other costs owed by the person.
5. The provisions of this section do not
relieve the Authority of any obligation to notify the State Controller of any
debt that is past due pursuant to chapter 353C
of NRS.
(Added to NRS by 2011, 2654)
NRS 706.775 Administrative fine by Department for certain violations.
1. In addition to any criminal penalty,
any person who violates any provision of this chapter, or any lawful
regulation, rule or order adopted or issued by the Department pursuant thereto
is liable to the Department for an administrative fine as follows:
(a) For a first offense, a fine of $500.
(b) For a second offense, a fine of $1,000 or the
total cost paid by the person for registration fees pursuant to NRS 482.480 and 482.482 and governmental services taxes
pursuant to NRS 371.050 during the
calendar year in which the offense was committed for the vehicle in which the
offense was committed, whichever is greater, except that the amount of the fine
must not exceed $2,500.
(c) For a third offense, a fine of $1,500 or the
total cost paid by the person for registration fees pursuant to NRS 482.480 and 482.482 and governmental services taxes
pursuant to NRS 371.050 during the
calendar year in which the offense was committed for the vehicle in which the
offense was committed, whichever is greater, except that the amount of the fine
must not exceed $2,500.
(d) For a fourth and any subsequent offense, a
fine of $2,500.
2. The Department shall afford to any
person fined pursuant to subsection 1 an opportunity for a hearing pursuant to
the provisions of NRS 233B.121.
3. All administrative fines collected by
the Department pursuant to subsection 1 must be deposited with the State
Treasurer to the credit of the State Highway Fund.
(Added to NRS by 2009, 467)
NRS 706.779 Movement of vehicle by Authority after stopping driver for
violation of certain provisions. The
Authority and its inspectors may, upon halting a person for a violation of the
provisions of NRS 706.386 or 706.421,
move the person’s 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)
NRS 706.781 Additional civil remedies. 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; 2013, 1038,
2051, 2163)
Additional Assessments of Fees
NRS 706.791 Additional or estimated assessment of fees: Interest; penalties;
notice; redeterminations.
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 the
person’s 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; 2013, 2163)
APPORTIONMENT OF FEES FOR INTERSTATE USERS OF HIGHWAYS
NRS 706.801 Short title. NRS 706.801 to 706.861,
inclusive, shall be known as the Interstate Highway User Fee Apportionment Act.
(Added to NRS by 1971, 719)
NRS 706.806 Definitions. 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)
NRS 706.811 Declaration of legislative policy. 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)
NRS 706.813 Applicability of NRS 706.801 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 gross vehicle weight
rating or gross combined vehicle weight rating of 26,000 pounds or less unless
the vehicle meets the definition of “commercial motor vehicle” set forth in 49
C.F.R. § 350.105, and 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; 2009, 468)
NRS 706.816 Uniform interpretation of NRS 706.801 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)
NRS 706.821 Power of Department to make rules and regulations. 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)
NRS 706.826 Agreements by Department with departments of other states and
countries. 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)
NRS 706.836 Payment of fees to Department. 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)
NRS 706.841 Application: Contents; computation of fee.
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:
(a) If the application is an initial application
for registration, before the time any fee becomes delinquent; and
(b) If the application is for the renewal of a
registration, on or before December 1.
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; 2007, 56)
NRS 706.846 Registration of vehicles; issuance of licenses or other devices. 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)
NRS 706.851 Registration of vehicle in fleet after final date for annual
payment of fees. 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)
NRS 706.861 Determination of mileage proportions for fleet not registered
during preceding year; application. 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
NRS 706.881 Applicability of NRS 706.8811 to 706.885,
inclusive.
1. The provisions of NRS 706.8811 to 706.885,
inclusive, apply to any county:
(a) Whose population is 700,000 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 Nevada Transportation 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; 2011, 1314,
3660; 2013, 1038,
2538)
NRS 706.8811 Definitions. 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; 2011, 3660;
2013, 1039,
2538)
NRS 706.8812 “Administrator” defined. “Administrator”
means the Taxicab Administrator or any authorized agent of the Taxicab
Administrator.
(Added to NRS by 1969, 1239)
NRS 706.8813 “Certificate holder” defined. “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 Nevada Transportation 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)
NRS 706.8814 “Driver” defined. “Driver”
means an individual who operates a taxicab and includes a certificate holder
when the certificate holder operates a taxicab.
(Added to NRS by 1969, 1239)
NRS 706.8816 “Taxicab” defined.
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 the employees of that employer, whether or not the employees
pay for the transportation.
(Added to NRS by 1969, 1240; A 1979, 631, 1004)
NRS 706.8817 “Taximeter” defined. “Taximeter”
means an instrument used in a taxicab for indicating the passenger fare
charged.
(Added to NRS by 1969, 1240)
Taxicab Authority
NRS 706.8818 Appointment, number, terms, qualifications and compensation of
members; principal office; regulations.
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 Nevada Transportation 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)
NRS 706.88182 Adoption of regulations establishing program for transportation
of elderly persons and persons with permanent disabilities.
1. The Taxicab Authority shall adopt
regulations establishing a program for the transportation by taxicab of elderly
persons and persons with permanent disabilities.
2. The program must require the
Administrator to establish, maintain and make known a telephone number for
elderly persons and persons with permanent disabilities 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 or herself
as an elderly person or a person with a permanent disability 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)
NRS 706.88183 Adoption of regulations implementing system for use of certain
technology to verify validity of medallions.
1. The Taxicab Authority shall implement a
system to verify through the computerized real-time data system implemented
pursuant to subsection 4 of NRS 706.8825 the
validity of a temporary or permanent medallion issued by the Taxicab Authority.
2. As used in this section, “medallion”
means the temporary or permanent authority to operate a taxicab within the
jurisdiction of the Taxicab Authority which is issued by the Taxicab Authority
pursuant to NRS 706.8811 to 706.885,
inclusive.
(Added to NRS by 2011, 2686;
A 2013,
2538)
NRS 706.88184 Authority required to authorize use of certain technology by
certificate holders and to impose reasonable charge.
1. Upon application by a certificate
holder, the Taxicab Authority shall authorize the certificate holder to use the
computerized real-time data system for the purposes of offering cooperative
dispatch and electronic hailing services for taxicabs to the public.
2. If two or more certificate holders
apply to the Taxicab Authority to use the computerized real-time data system
for the purposes set forth in subsection 1, the Taxicab Authority must
establish, by regulation or order, rules providing for the use of the
computerized real-time data system by two or more certificate holders for the
purposes set forth in subsection 1.
3. The Taxicab Authority shall:
(a) Authorize the certificate holders who are
authorized to use the computerized real-time data system for the purposes set
forth in subsection 1 to impose a reasonable charge for the use by a passenger
of the computerized real-time data system. The charge:
(1) Must be separate from any other rate,
fare or charge for taxicab service;
(2) Is not required to be uniform within a
county; and
(3) May be assessed in accordance with a
schedule of charges based upon factors approved by the Taxicab Authority.
(b) Establish, by regulation or order,
requirements for the publication by certificate holders of the charge or the
schedule of charges for the use by a passenger of the computerized real-time
data system for the purposes set forth in subsection 1.
4. As used in this section, “computerized
real-time data system” means the computerized real-time data system implemented
by the Taxicab Authority pursuant to subsection 4 of NRS
706.8825.
(Added to NRS by 2013, 2532)
NRS 706.88185 Investigation of alleged violation; hearing; cease and desist
order; enforcement of order.
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)
NRS 706.8819 Hearings and final decisions; jurisdiction; appeals from final
decisions.
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 Nevada Transportation Authority.
(Added to NRS by 1969, 1241; A 1977, 746; 1991, 1960; 1997, 1955)
Taxicab Administrator
NRS 706.882 Appointment; classification; removal; restrictions on other
employment.
1. The Director of the Department of
Business and Industry shall appoint a Taxicab Administrator from a list of
three names submitted to the Director 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 the Administrator’s entire time and attention to the business of
the Administrator’s 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)
NRS 706.8821 Powers and duties; employees.
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 the Administrator’s official
functions properly; and
(b) Such other employees as are necessary to
enable the Administrator to perform the Administrator’s official functions
properly.
(Added to NRS by 1969, 1240; A 1971, 582; 1977, 747; 1991, 1960; 1993, 2542; 2013, 2538)
NRS 706.8822 Administrative hearings and final decisions; jurisdiction;
appeals to Taxicab Authority. 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)
NRS 706.88235 Issuance and enforcement of subpoenas; depositions.
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 the witness 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 the witness 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
NRS 706.88237 Power of Taxicab Authority to determine circumstances requiring
temporary increase in allocation and to make such allocations. 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)
NRS 706.8824 Allocation of number of taxicabs by Taxicab Authority: Factors
for determination; limitations; annual review.
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)
NRS 706.88245 Temporary increase in allocation of number of taxicabs by
Taxicab Authority; factors for determination; regulations.
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)
NRS 706.8825 Taxicab Authority Fund: Creation; deposits; use; petty cash
account.
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. The technology fees received pursuant to paragraph (c) of
subsection 3 of NRS 706.8826 must be used to
implement technological improvements in safety, reliability and efficiency,
including, without limitation, the implementation of a computerized real-time
data system to assist with the regulation of the taxicabs in the county in
which the certificate holder operates a taxicab business. A computerized
real-time data system implemented pursuant to this subsection must, at a
minimum, satisfy the following criteria:
(a) While a taxicab is in service within the
jurisdiction of the Taxicab Authority, the system must be capable of collecting
in real-time from the onboard computer of the taxicab, by wireless access
through the onboard diagnostic port or other means, the vehicle identification
number and operating and telemetric data for the vehicle.
(b) While a taxicab is in service within the
jurisdiction of the Taxicab Authority, the system must be capable of collecting
in real-time, from an onboard diagnostic device capable of using a global
positioning system that is installed in the taxicab or any other onboard
computer software system capable of using a global positioning system that is installed
in the taxicab, the location of the taxicab by latitude and longitude, a record
of the time at which the taxicab is at that location and operating and
telemetric data for the vehicle.
(c) The system must be capable of allowing the
driver of a taxicab, while the taxicab is in service within the jurisdiction of
the Taxicab Authority, to register in the system, at the beginning and end of
each shift, his or her identity and the number of his or her driver’s permit.
(d) The system must be capable of allowing, in a
manner prescribed by the Taxicab Authority, a certificate holder to digitally
associate a taxicab with a temporary or permanent medallion for the purpose of
verifying the validity of a temporary or permanent medallion pursuant to NRS 706.88183. As used in this paragraph,
“medallion” has the meaning ascribed to it in NRS
706.88183.
(e) The system must be capable of presenting, in
real-time to the Taxicab Authority, searchable histories, in both a format that
displays the information and data in tables and a digital map format that
displays streets and highways, of:
(1) The information and data described in this
subsection; and
(2) The information described in NRS 706.8844.
(f) The system must be capable of presenting to a
passenger, through an application on a mobile device or on an interactive,
digital display or other onboard system in the taxicab, sufficient information
for the passenger to select and direct the driver to the passenger’s desired
destination by the passenger’s desired route. The information must include,
without limitation, sufficient information for the passenger to:
(1) Select the shortest route by time or
distance to the passenger’s desired destination;
(2) Select a multi-segment trip directed
by the passenger;
(3) Select the least expensive route to
the passenger’s desired destination; and
(4) Make a digital record of the
passenger’s selection that is accessible during and after the trip by the
passenger, the Taxicab Authority, the driver and the certificate holder.
(g) The system must be capable of presenting to
the driver, through an application on a mobile device or an interactive,
digital display or other onboard system in the taxicab, sufficient information
for the driver to:
(1) Determine the shortest route by time
or distance to the passenger’s desired destination and the least expensive
route to the passenger’s desired destination;
(2) Follow a multi-segment,
passenger-directed trip by the least expensive route to the passenger’s desired
destination; and
(3) Allow the passenger to make a digital
record of a selection of a desired route to the passenger’s destination that is
accessible during and after the trip by the passenger, the Taxicab Authority,
the driver and the certificate holder.
(h) The system must be capable of allowing
passengers to register comments and complaints with the Taxicab Authority, the
driver and the certificate holder, through an application on a mobile device or
an interactive digital display screen or other onboard system in the taxicab.
(i) The system must be capable of assisting the
Taxicab Authority in the development of additional preventive measures to
detect, investigate and deter the practice of transporting a passenger to a
selected destination by a route that is more expensive than necessary under the
circumstances of the trip.
(j) The system must be capable of providing to
the Taxicab Authority reliable real-time and historic information concerning
service demands, market data, vehicle usage, wait times and customer complaints
and comments for use by the Taxicab Authority to make decisions concerning the
allocation of medallions pursuant to 706.88237, 706.8824 and 706.88245.
(k) The system must be capable of allowing
certificate holders to use the system to provide cooperative dispatch and
electronic hailing services to the public pursuant to NRS
706.88184.
5. The Taxicab Authority shall not use the
information and data collected pursuant to paragraph (a) or (b) of subsection 4
for any purpose other than the purposes set forth in those paragraphs unless
the Authority has adopted regulations governing the additional use.
6. The Taxicab Authority may operate the
computerized real-time data system implemented pursuant to subsection 4 or
enter into an agreement for the provision of such service. If the Taxicab
Authority enters into such an agreement, the Taxicab Authority shall ensure
that all the information and data collected by the computerized real-time data
system is under the control of the Taxicab Authority.
7. Any balance remaining in the Fund does
not revert to the State General Fund. The Administrator may transfer to the
Aging and Disability 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 elderly persons and persons with permanent disabilities in
taxicabs. The money transferred to the Aging and Disability Services Division
must be administered in accordance with regulations adopted by the
Administrator of the Aging and Disability Services Division pursuant to NRS 427A.070.
8. 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.
9. As used in this section, “real time”
means the transmission of information at a rate no longer than once every 6
seconds, unless the Taxicab Authority authorizes a longer rate while a taxicab
is experiencing a low volume of trips.
(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; 2013, 2539)
NRS 706.8826 Revenue of city and county received from taxes imposed on
businesses operating taxicabs payable to State; fees payable to State by holder
of certificate for allocated taxicab.
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:
(a) A fee of $100 per year for each taxicab that
the Taxicab Authority has allocated to the certificate holder;
(b) A fee set by the Taxicab Authority that must
not exceed 20 cents per trip for each compensable trip of each of those
taxicabs; and
(c) A technology fee in an amount set by the
Taxicab Authority for each compensable trip of each of those taxicabs.
Ê The fees set
forth in paragraphs (b) and (c) must be added to the meter charge.
4. The money received by the Taxicab
Authority pursuant to this section 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; 2013, 2541)
Holders of Certificates of Public Convenience and
Necessity: Requirements
NRS 706.8827 Certificate of public convenience and necessity required to
engage in business of operating taxicabs; hearing on application; fee; conditions;
effect of denial of certificate.
1. A person shall not engage in the
taxicab business unless the person:
(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 the application. The
applicant must also pay those amounts which are billed to the applicant 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)
NRS 706.8828 Insurance.
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)
NRS 706.8829 Uniform system of accounts; examination of books and accounts;
fines; suspension or revocation of certificate of public convenience and
necessity.
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)
NRS 706.883 Records.
1. A certificate holder shall maintain at
the certificate holder’s 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
the certificate holder’s 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)
NRS 706.8831 Listing for telephone in telephone directory. 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)
NRS 706.8832 Two-way radio; central facilities for dispatching taxicabs.
1. A certificate holder shall have each
taxicab equipped with a mobile radio and shall maintain central facilities for
dispatching taxicabs at all times. The facilities:
(a) May be maintained individually or in
cooperation with other certificate holders.
(b) Must be principally engaged in communication
by radio with the taxicabs of the certificate holder or holders.
2. As used in this section, “communication
by radio” means the transmission of writing, signs, signals, pictures, and
sounds of all kinds by radio or other wireless methods, including all
facilities and services incidental to such transmission, which facilities and
services include, without limitation, the receipt, forwarding and delivering of
communications.
(Added to NRS by 1969, 1243; A 1981, 2055; 2011, 2686)
NRS 706.8833 Color scheme, insigne and design of cruising lights; advertisements.
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 Taxicab Authority.
2. Except as otherwise provided in
subsection 3, the Taxicab 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.
3. The Taxicab Authority shall allow a
certificate holder in any county to place advertisements on the exterior of the
vehicles used as taxicabs in the operations of the certificate holder, provided
that the taxicabs of the certificate holder which bear such advertisements are
readily distinguishable from the taxicabs of other certificate holders
operating in the same county by meeting the requirements of subsection 2 of NRS 706.8835.
(Added to NRS by 1969, 1243; A 1981, 2055; 1991, 1963; 1997, 1956; 2013, 2165)
NRS 706.8834 Maximum period of use of vehicle as taxicab; condition of
vehicle acquired for use as taxicab; extension of period for hybrid electric
vehicle.
1. Except as otherwise provided in
subsection 4, 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. Except as otherwise provided in
subsection 4, 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.
4. If a hybrid electric vehicle, as
defined in 40 C.F.R. § 86.1702-99, is acquired for use as a taxicab by a
certificate holder, the period of operation as a taxicab specified in
subsections 1 and 2 shall be extended for an additional 24 months for that
vehicle.
(Added to NRS by 1969, 1243; A 1975, 1325; 1987, 392; 1991, 1963; 1997, 852; 2005, 270; 2009, 751)
NRS 706.88345 Maximum period of use of vehicle as taxicab, condition of
vehicle acquired for use as taxicab and extension of period for hybrid electric
vehicle in county for which regulation by Authority not required. Repealed. (See chapter 163, Statutes of Nevada
2013, at page 564.)
NRS 706.8835 Display of schedule of fares, number of unit and name of holder
of certificate.
1. A certificate holder shall display on
each of the certificate holder’s 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)
NRS 706.88353 Posting of sign concerning assault or battery on driver.
1. Each certificate holder shall post at
least one sign which meets the requirements of this section inside each of the
certificate holder’s taxicabs in a location conspicuous to the passengers of
the taxicab.
2. Each sign required by subsection 1 must
contain a notice in at least 16-point bold type that is easy to read and is in
substantially the following form:
WARNING
ASSAULT UPON A TAXICAB DRIVER IS
PUNISHABLE BY UP TO 6 YEARS IN PRISON. BATTERY UPON A TAXICAB DRIVER IS
PUNISHABLE BY UP TO 15 YEARS IN PRISON.
(Added to NRS by 2013, 1036)
NRS 706.88355 Acceptance of credit cards or debit cards for payment of rates,
fares and charges: Contracts with issuers; regulations; certain acts by issuers
prohibited.
1. A certificate holder may enter into a
contract with an issuer of credit cards and debit cards to provide for the acceptance
of credit cards or debit cards by the certificate holder for the payment of
rates, fares and charges owed to the certificate holder.
2. The Taxicab Authority may prescribe by
regulation or order the maximum fee that a certificate holder may charge a
customer for the convenience of using a credit card or debit card to make
payment to the certificate holder. In prescribing such fees, the Taxicab
Authority may consider the expenses incurred by the certificate holder in
accepting payment by a credit card or debit card, including, without
limitation:
(a) Costs of required equipment and its
installation;
(b) Administrative costs of processing credit
card or debit card transactions; and
(c) Fees paid to issuers of credit cards or debit
cards.
3. An issuer shall not, by contract or
otherwise:
(a) Prohibit a certificate holder from charging
and collecting a fee authorized pursuant to subsection 2; or
(b) Require a certificate holder to waive the
right to charge and collect a fee authorized pursuant to subsection 2.
4. As used in this section, “issuer” means
a business organization, financial institution or a duly authorized agency of a
business organization or financial institution which:
(a) Issues a credit card or debit card; or
(b) Enters into a contract with a certificate
holder or other person to enable or facilitate the acceptance of a credit card
or debit card.
(Added to NRS by 2011, 3658)
NRS 706.8836 Taximeters.
1. A certificate holder shall equip each
of the certificate holder’s 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. Except as otherwise provided in
subsection 5, a taximeter may be sealed by:
(a) Affixing a physical security seal to each
access point of the taximeter; or
(b) Using an electronic security seal that is
encrypted and protected by an audited authentication and authorization mechanism
for each user that is accessible only by the Administrator.
5. The Administrator may require that each
taximeter be sealed by an electronic security seal that is encrypted and
protected by an audited authentication and authorization mechanism for each
user that is accessible only by the Administrator if the Administrator:
(a) Makes a finding that the technology for the
sealing method is commercially available and will reduce the costs to the
Taxicab Authority for inspecting taximeters; and
(b) Provides notice to each certificate holder at
least 12 months before requiring the use of the sealing method.
6. The Administrator may reinspect the
taximeter at any reasonable time.
7. For the purposes of this section,
“sealing” means prohibiting access to the elements of the taximeter used to
calculate the items specified in subsection 2 by anyone other than the
Administrator.
(Added to NRS by 1969, 1244; A 1991, 1964; 2011, 2687)
NRS 706.8837 Standards for taxicabs before operation. 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)
NRS 706.8838 Defects in taxicab which limit operation. 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)
NRS 706.8839 Inspections.
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,
the Administrator 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,
the Administrator 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)
NRS 706.88395 Impoundment by Administrator of vehicle in unauthorized use as
taxicab; notice and hearing; administrative fine.
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 the registered owner’s presence
at all proceedings held pursuant to this section;
(b) Of the time set for the hearing; and
(c) Of the registered owner’s 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 the person is the registered
owner of the vehicle;
(b) Proves that the person 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 the registered owner’s 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
NRS 706.8841 Driver’s permit: Issuance; fingerprints and qualifications of
applicant; grounds for refusal to issue permit; fees.
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 the applicant’s 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 the 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 the applicant
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 484C.110, 484C.120 or 484C.430 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 484C.130 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; 2009, 1891)
NRS 706.8842 Medical examiner’s certificate: Issuance; renewal; health
requirements.
1. Before applying to a certificate holder
for employment as a driver, a person must obtain a medical examiner’s
certificate with two copies thereof from a medical examiner who is licensed to
practice in the State of Nevada.
2. A medical examiner shall issue the
certificate and copies described in subsection 1 if the medical examiner 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 medical examiner has examined the prospective driver and
has found that the prospective driver meets the health requirements described
in subsection 2. The certificate must be signed and dated by the medical
examiner.
4. The medical examiner’s certificate
required by this section expires 2 years after the date of issuance and may be
renewed.
5. As used in this section, “medical
examiner” means a physician, as defined in NRS
0.040, or a chiropractic physician licensed pursuant to chapter 634 of NRS.
(Added to NRS by 1969, 1245; A 1991, 1965; 2003, 1405; 2013, 660)
NRS 706.8843 Conditions of employment of driver by holder of certificate.
1. A certificate holder shall not employ a
driver unless the driver has obtained and has on the driver’s 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 medical examiner’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
the certificate holder 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 the driver has received a copy of
the regulations and has read and familiarized himself or herself with the
contents thereof.
(Added to NRS by 1969, 1246; A 1971, 583; 2013, 660)
NRS 706.8844 Trip sheets.
1. A certificate holder shall require the
certificate holder’s drivers to keep a daily trip sheet in a form to be
prescribed by the Taxicab Authority, including, without limitation, in
electronic form.
2. At the beginning of each period of duty
the driver shall record on the driver’s trip sheet:
(a) The driver’s name and the number of the
taxicab;
(b) The time at which the driver began the 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 each period of duty the driver
shall record on the driver’s 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 the driver’s trip sheet:
(a) The time at which the driver ended the 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 the driver’s
period of duty and shall require the 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.
8. The Administrator shall prescribe the
requirements for the use of an electronic version of a daily trip sheet. If a
certificate holder requires its drivers to keep a daily trip sheet in
electronic form, the certificate holder may comply with the requirements of
this section:
(a) By maintaining the information collected from
the daily trip sheet in a secure database and providing the Administrator with
access to the information in the database at regular intervals established by
the Administrator and upon reasonable demand; or
(b) By reporting the information to the
Administrator on the computerized real-time data system implemented pursuant to
subsection 4 of NRS 706.8825.
(Added to NRS by 1969, 1246; A 1991, 1966; 2011, 2687;
2013, 2541)
NRS 706.8845 Standards of conduct while on duty. While
a driver is on duty, the driver 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 the driver’s possession a
lighted cigar, cigarette or pipe while a passenger is being carried in the
taxicab.
5. Not chew tobacco or use snuff while a
passenger is being carried in the taxicab.
6. Attend the taxicab if it is being held
out for hire.
7. Not permit the 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 the taxicab unattended with
the key in the ignition lock.
12. Operate the 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)
NRS 706.8846 Prohibited acts concerning destination of passenger. 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 the driver’s 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)
NRS 706.8847 Compliance with passenger’s directions; exceptions.
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
the person; 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) The driver has good reason to fear for the
driver’s personal safety;
(b) The taxicab has been previously engaged by
another person; or
(c) The driver is forbidden by law or regulation
to carry the person requesting transportation.
(Added to NRS by 1969, 1247)
NRS 706.8848 Sanctions imposed by Administrator for certain violations;
hearing.
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)
NRS 706.8849 Prohibited and required acts of drivers; imposition of
sanctions; hearings.
1. A taxicab driver shall:
(a) Ensure that the fare indicator on the
taximeter of the taxicab reads zero before the time that the taxicab is
engaged.
(b) Ensure that the taximeter of the 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 the 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 the driver’s possession.
(j) Obey all provisions and restrictions of the
certificate of public convenience and necessity issued to the driver’s
employer.
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
NRS 706.885 Unlawful acts; criminal penalties; disciplinary action by
Taxicab Authority and Administrator.
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 the Taxicab Authority or Administrator, 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, the law enforcement officer 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; 2011, 2688,
3660; 2013, 1039,
2542)
