Nac: Chapter 706 - Motor Carriers

Link to law: http://www.leg.state.nv.us/nac/NAC-706.html
Published: 2015

[Rev. 12/7/2015 3:00:05 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R061-13, R027-14

[NAC-706 Revised Date: 9-14]

CHAPTER 706 - MOTOR CARRIERS

REGULATION AND LICENSING OF MOTOR CARRIERS

General Provisions

706.010            Definitions.

706.012            “Advertise” and “advertising”

defined.

706.013            “Agent” defined.

706.015            “Airport transfer service” defined.

706.018            “Application” defined.

706.0185          “Authority” defined.

706.019            “Authorized carrier” defined.

706.021            “Broker” defined.

706.022            “Bus” defined.

706.030            “Certificate” defined.

706.0305          “Certificate holder” defined.

706.0315          “Chair” defined.

706.032            “Charter order” defined.

706.034            “Charter service by bus” defined.

706.036            “Charter service by limousine”

defined.

706.038            “City” defined.

706.039            “Commissioner” defined.

706.041            “Common motor carrier” defined.

706.042            “Complaint” defined.

706.044            “Contract motor carrier” defined.

706.048            “Department” defined.

706.050            “Deputy Commissioner” defined.

706.054            “Employee” defined.

706.058            “Equipment” defined.

706.060            “Exclusive use” defined.

706.062            “Fully regulated carrier” defined.

706.064            “Gross weight” defined.

706.065            “Hazardous material” defined.

706.0655          “Hearing” defined.

706.066            “Highway” defined.

706.067            “Household goods” defined.

706.069            “Independent contractor” defined.

706.070            “Interchange of equipment” defined.

706.076            “Lease” defined.

706.080            “Livery limousine” defined.

706.081            “Motion” defined.

706.083            “Motor carrier” defined.

706.084            “Motor vehicle” defined.

706.086            “Multiple charter” defined.

706.090            “On call” and “on-call” defined.

706.091            “On call over irregular routes”

defined.

706.092            “Operating authority” defined.

706.094            “Owner” defined.

706.096            “Party of record” defined.

706.0965          “Permit” defined.

706.097            “Petition” defined.

706.100            “Pleading” defined.

706.1015          “Prearranged” defined.

706.102            “Presiding officer” defined.

706.103            “Rebuttal” defined.

706.1045          “Regular business hours” defined.

706.105            “Regular route” defined.

706.111            “Restored theme or antique vehicle”

defined.

706.112            “Scenic tour” defined.

706.117            “Shipper” defined.

706.118            “Similar equipment” defined.

706.119            “Special services” defined.

706.120            “Staff of the Authority” defined.

706.121            “Taxicab” defined.

706.123            “Taximeter” defined.

706.124            “Traditional limousine” defined.

706.129            “Vehicle” defined.

706.1293          Special mobile equipment:

“Incidentally operated or moved upon a highway” interpreted; vehicles not

specified in statutory definition.

706.1295          Severability.

706.1305          Deviation from regulations.

706.1315          Computation and extension of time.

706.132            Payment of fees, remittances and

administrative fines.

706.1321          Interstate Highway User Fee

Apportionment Act: Payments.

706.1323          Bond required for habitually

delinquent taxpayer.

706.1325          Public records; filing and

confidentiality of certain information.

706.133            Rejection of documents.

706.1335          Receipt of written communications

and documents.

706.1345          Deputy Commissioner: General

duties.

706.135            Deputy Commissioner: Administrative

duties.

706.1355          Public notice of application or

tariff filing.

Applications Relating to Licenses, Certificates and Permits

for Motor Carriers

706.1372          License to operate as common,

contract or private motor carrier of property.

706.1375          Certificates and permits: General

requirements; omissions and deficiencies.

706.1376          Certificate to operate tow car.

706.1377          Certificate to provide intrastate

charter service by bus.

Drivers’ Permits for Drivers of Certain Motor Carriers

706.13775        Prohibition against driving certain

motor carriers without driver’s permit; withdrawal of vehicle from service.

706.13777        Return of driver’s permit to

Authority upon occurrence of certain events.

706.13779        Issuance of temporary driver’s

permit.

Tariffs for Motor Carriers

706.138            Definitions.

706.1381          “Rate” defined.

706.1382          “Supplement” or “tariff” defined.

706.1383          Scope.

706.1384          Application to change tariff or for

approval of revision or modification to contract.

706.1385          Form and format for tariffs and

supplements.

706.1386          Transmittal letter.

706.1387          Table of contents, index and list

of certificates required for tariff.

706.1388          Tariff with change of condition.

706.1389          Posting of tariffs.

706.139            Participation in rates by tariff

bureau.

Regulation of Motor Carriers Generally

706.140            Required compliance and

instruction.

706.147            Provider of free shuttle service:

Consideration as common motor carrier.

706.149            Equity capital: Minimum

requirement; proof; failure to comply.

706.152            Determination of financial ability

and investigation of applicant; dismissal of incomplete application.

706.155            Notice of application for

certificate or permit; hearing.

706.156            Registration cycle for permit for

longer combination vehicle.

706.158            No property right in grant of

authority.

706.161            Limitations on shipments of express

and light express.

706.164            Commencement of operations.

706.167            Use of trade or fictitious name.

706.170            Identification on vehicles.

706.175            Carriers required to obtain

warehouse permits: Proof of insurance.

706.191            Insurance.

706.192            Programs of self-insurance.

706.193            Evidence of insurance; change in

information.

706.194            Interference with inspections.

706.197            Statement required in bid to

provide service as contract motor carrier.

706.200            Submission of bills of charges;

payment of accounts.

706.203            Maintenance of records.

706.206            Notification of corporate changes;

approval of sale of corporate control.

706.208            Lease of equipment by authorized

carrier: Generally.

706.209            Lease of replacement equipment by

authorized carrier.

706.210            Lease of vehicle by common motor

carrier for use as traditional limousine or livery limousine.

706.211            Lease of vehicle by common motor

carrier authorized to provide off-road scenic tours.

706.212            Prohibited rentals, leases and

sales.

706.213            Requirements for lease; term.

706.218            Annual reports by fully regulated

carriers.

706.228            Solicitation of passengers.

706.229            Requirements for employee who

drives traditional limousine or livery limousine; list of persons not qualified

to drive traditional limousine or livery limousine.

706.230            Designation of registered agent.

706.232            Prohibited operations by contract

motor carriers.

706.234            Leaving vehicle unattended in

passenger curb loading zone: Prohibition; exception.

706.236            Sanitary terminals required.

706.239            Provision of special services.

706.242            Agreements to interchange

equipment.

706.243            Operator of interchanged equipment.

706.245            Deviations from and restrictions on

regular routes.

706.247            Adoption and enforcement of federal

regulations for motor carrier safety.

706.248            Adoption of and compliance with

federal regulations for transportation of passengers with disabilities.

706.250            Agreement to manage business of

authorized carrier.

706.254            Adoption of federal regulation for

emergency use of motor carriers for defense.

706.257            Agreements between carriers:

Filing.

706.260            Agreements between carriers:

Independence of parties.

706.263            Agreements between carriers: Terms.

706.269            Agreements between carriers:

Retention of records.

706.272            Subsequent contracts of contract

motor carriers.

706.274            Limitation on number of contracts

and shippers under contract.

706.276            Required contents and duration of

contracts with shippers.

706.278            Adoption of and compliance with

federal regulations against discrimination on basis of disability.

706.279            List of supervisory employees of

carrier.

706.280            List of brokers used by carrier.

706.281            Notice of certain contact

information: Common motor carrier authorized to provide charter service by

limousine.

706.282            Notice of certain contact

information: Operator of tow car and common carrier of household goods.

706.283            Notice of certain contact

information: Fully regulated carrier.

Regulation of Common or Contract Motor Carriers of Property,

Other Than Fully Regulated Carriers, and Private Motor Carriers

706.285            “Private motor carrier” defined.

706.287            Written approval: “Common carrier

of property” interpreted.

706.288            Insurance.

706.294            Evidence of insurance.

706.297            Adoption and enforcement of federal

regulations for motor carrier safety.

Rates and Services

706.302            Common and contract motor carriers.

706.305            Changes in rates: Protest.

706.307            Posting proposed changes in rates.

706.311            Uniform rates; authorization of

commission or referral fee; list of designated agents.

706.312            Common motor carriers of household

goods: Estimate of charges.

706.314            Transmittal letter; indication of

change in rates.

706.317            Rates for intermediate points.

706.320            Contents of schedule of rates and

fares.

706.321            Public inspection of schedule of

rates and fares.

706.323            Common and contract carriers:

On-call service.

706.326            Contract carriers: Written contract

or bill of lading.

706.327            Manifests for common and contract

motor carriers of commodities.

706.329            Prohibited acts.

706.333            Claims for lost or damaged freight

or baggage.

706.334            Carriers of household goods:

Notification of liability coverage.

706.335            Carriers of household goods: Bill

for payment.

706.340            Limitation on schedules for

carriers operating on call.

706.342            Inclusion of certain geographical

points in tariffs.

706.345            Tariffs and orders for scenic

tours.

706.348            Provision of airport transfer

service.

706.352            Multiple charters: Payment for each

individual charter service by bus or charter service by limousine.

706.353            Provision of charter service by

limousine.

706.354            Charter orders.

706.355            Charges for charter service by bus

and charter service by limousine.

706.3555          Carrier authorized to provide

charter service by limousine: Fuel surcharge.

706.356            Interruption of service.

706.359            Temporary transfer of operating

rights.

706.360            Use of vehicles beyond scope of

authority prohibited.

706.361            Compensation for services of

driver.

Limousine Drivers

706.3611          Prohibited acts.

706.3612          Hours of service.

General Provisions for Operating and Leasing Taxicabs

706.3613          Applicability.

706.3615          Annual fee for operation.

706.362            Posting schedule of rates and map

of zones; display of name and city of carrier.

706.363            Display of informational placard;

enforcement.

706.365            Denial of service; passengers;

change of route.

706.368            Territory served by driver.

706.371            Control by certificate holder;

prohibited sales and leases.

706.374            Solicitation of bus passengers

prohibited.

706.3741          “TX” plates; enforcement.

706.3742          Cruising lights; unit designation

numbers; certificate numbers; insignia; color scheme; enforcement.

706.3743          Central dispatch facility;

equipment for communication; requests by telephone for service; enforcement.

706.3744          Equipment to indicate driver

requires assistance; enforcement.

706.3745          Requirements for vehicles placed

into service for first time in certain counties; exemption; enforcement.

706.3746          Electronic taximeter; amber light;

enforcement.

706.3747          Trip sheets; enforcement.

706.3748          Violent crime against driver on

duty; notification of certificate holders and Authority; dissemination of

information regarding crime.

706.3749          Accidents.

706.375            Lease of vehicle for use as

taxicab.

706.3751          Requirements for employee or

independent contractor who drives taxicab; list of persons not qualified to

drive taxicab.

706.3752          Leasing of taxicab to independent

contractor: Security deposit.

706.3753          Leasing of taxicab to independent

contractor: Requirements for lease agreement; enforcement.

706.3754          Leasing of taxicab to independent

contractor: Requirements for copy of lease agreement; enforcement.

706.3758          Taximeters: Inspection and seal;

enforcement.

706.376            Drivers: Standards of conduct.

706.3761          Drivers: Hours of service.

706.3762          Drivers: Use of taxicab for crime.

706.3763          Drivers: Applicability of statutes

and regulations.

Transportation of Hazardous Material

706.377            Adoption and enforcement of federal

regulations.

Inspection and Maintenance

706.379            Inspection of vehicles by carrier;

standards for maintenance of vehicles; special equipment for certain vehicles;

withdrawal of substandard vehicles.

706.380            Daily withdrawal of vehicles;

return to service.

706.381            Inspection of vehicles by

Authority; removal of vehicles from service; maintenance of records.

Transfer of Certificates, Permits and Licenses

706.386            Duplications.

706.389            Effect of cessation of operations.

706.392            Division of operating rights.

706.393            Approval or denial of transfer.

Practice Before Nevada Transportation Authority

706.3933          Scope; applicability of Nevada

Rules of Civil Procedure.

706.3934          Construction.

706.3935          Nature of proceedings.

706.3936          Parties: Classification of parties.

706.3937          Parties: Notice to parties.

706.3938          Parties: Rights of staff of

Authority.

706.3939          Parties: Rights of parties.

706.394            Parties: Appearances.

706.3941          Parties: Representation of parties;

qualifications of attorneys.

706.3942          Parties: Withdrawal of

representative.

706.3943          Parties: Conduct required.

706.3944          Confidentiality of information:

Definitions.

706.3945          Confidentiality of information:

“Information” defined.

706.3946          Confidentiality of information:

“Person” defined.

706.3947          Confidentiality of information:

“Protective agreement” defined.

706.3948          Confidentiality of information:

Applicability.

706.3949          Confidentiality of information:

Request for confidential treatment of information; procedure; responsibilities

of Authority; hearing.

706.3951          Confidentiality of information:

Prepared testimony containing or addressing information designated as

confidential.

706.3952          Confidentiality of information:

Contents of protective order issued with regard to information designated as

confidential.

706.3953          Confidentiality of information:

Appeal of determination by presiding officer regarding treatment of

confidential information; disclosure of information not designated

confidential.

706.3954          Confidentiality of information:

Disclosure of information designated as confidential; penalties.

706.3955          Pleadings: Captions, amendments and

construction.

706.3956          Pleadings: Applications.

706.3957          Pleadings: Petitions.

706.3958          Pleadings: Petition to adopt, amend

or repeal regulation.

706.3959          Pleadings: Motions.

706.396            Pleadings: Responses to motions.

706.3961          Pleadings: Requirements for format;

signature; request for hearing.

706.3962          Pleadings: Filing of pleading.

706.3963          Pleadings: Answers.

706.3964          Pleadings: Answers to petitions.

706.3965          Pleadings: Petition to intervene.

706.3966          Pleadings: Contents of petition to

intervene; circumstances under which petitioner has direct and substantial

interest in proceeding.

706.3967          Pleadings: Filing of petition to

intervene.

706.3968          Pleadings: Approval or denial of

petition to intervene; discovery.

706.3969          Pleadings: Limitation on number of

interveners.

706.397            Pleadings: Protests.

706.3971          Pleadings: Service of process.

706.3972          Pleadings: Proof of service.

706.3973          Oral or informal written

complaints: Disposition.

706.3974          Formal written complaints: General

requirements.

706.3975          Complaints: Response.

706.3976          Formal written complaints:

Investigation and recommendation of action by staff of Authority.

706.3977          Formal written complaints:

Transmittal of unresolved complaint to Authority.

706.3978          Formal written complaints:

Dismissal.

706.3979          Formal written complaints: Public

hearing; interim relief.

706.398            Formal written complaints filed by

motor carriers or brokers.

706.3981          Hearings: Prehearing conference.

706.3982          Hearings: Notice of hearing.

706.3983          Hearings: Continuances.

706.3984          Hearings: Failure of party to

appear or respond.

706.3985          Hearings: Testimony under oath.

706.3986          Hearings: Authority of presiding

officer.

706.3987          Hearings: Order of proceeding.

706.3988          Hearings: Conduct of hearing on

proposed regulation.

706.3989          Hearings: Order for appearance of

witness or production of document.

706.399            Hearings: Objections regarding

admissibility of evidence.

706.3991          Hearings: Prepared testimony.

706.3992          Hearings: Documentary evidence.

706.3993          Hearings: Resolutions.

706.3994          Hearings: Additional evidence.

706.3995          Hearings: Rulings by presiding

officer.

706.3996          Hearings: Consolidation.

706.3997          Hearings: Stipulations.

706.3998          Hearings: Interim order.

706.3999          Hearings: Official notice.

706.400            Hearings: Briefs.

706.4001          Hearings: Oral arguments.

706.4002          Hearings: Decision by Authority.

706.4003          Hearings: Reopening proceedings to

receive additional evidence.

706.4004          Hearings: Proposed findings of fact

and conclusions of law.

706.4005          Hearings: Date of issuance and

effective date of order.

706.4006          Hearings: Copies of transcripts.

706.4007          Declaratory orders and advisory

opinions: Petition; hearings.

706.4008          Administrative fines: Definitions.

706.4009          Administrative fines:

“Administrative proceeding” defined.

706.401            Administrative fines: “Hearing

officer” defined.

706.4011          Administrative fines: “Respondent”

defined.

706.4012          Administrative fines: Initiation

and termination of administrative proceeding by staff of Authority; conduct of,

applicable regulations for and intervention in administrative proceeding.

706.4013          Administrative fines: Contents,

service and filing of complaint to initiate administrative proceeding; answer

to complaint.

706.4014          Administrative fines: Settlement of

administrative proceeding.

706.4015          Administrative fines: Powers and

duties of hearing officer.

706.4016          Administrative fines: Appeal of

procedural ruling by hearing officer.

706.4017          Administrative fines: Action by

Authority.

706.4018          Administrative fines: Payment of

fine.

706.4019          Administrative fines: Remedy not

exclusive.

UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES

General Provisions

706.401905     Definitions.

706.401906     “Accounting period” defined.

706.401907     “Actually issued” defined.

706.401908     “Amortization” defined.

706.401909     “Associated companies” defined.

706.40191        “Book cost” defined.

706.401911     “Company” defined.

706.401912     “Contingent liability” defined.

706.401913     “Control,” “controlled by” and

“under common control with” defined.

706.401914     “Cost” defined.

706.401915     “Cost of disposition” defined.

706.401916     “Current asset” defined.

706.401917     “Date of disposal or retirement”

defined.

706.401918     “Depreciation” defined.

706.401919     “Discount” defined.

706.40192        “Functional division” defined.

706.401921     “Nominally issued” defined.

706.401922     “Nominally outstanding” defined.

706.401923     “Original cost” defined.

706.401924     “Outside labor” defined.

706.401925     “Premium” defined.

706.401926     “Property disposed” and “property

retired” defined.

706.401927     “Salvage value” defined.

706.401928     “Service life” defined.

706.401929     “Service value” defined.

706.40193        “Straight-line method” defined.

706.401931     “Uniform system of accounts for

limousine operations” defined.

706.401932     Maintenance of books and records;

reports of information.

706.401933     Accounting method and period.

706.401934     Questions of doubtful

interpretation.

706.401935     Purpose of lists of items.

706.401936     Use of functional divisions of

accounts.

706.401937     Inventory requirements.

706.401938     Fixed assets.

706.401939     Depreciable assets.

706.40194        Gain or loss on dispositions.

706.401941     Payroll and payroll costs.

Accounts

706.401942     Current assets: Items not to be

included.

706.401943     Current assets: Account for cash on

hand.

706.401944     Current assets: Account for cash in

banks.

706.401945     Current assets: Account for petty

cash.

706.401946     Current assets: Account for trade

accounts receivable.

706.401947     Current assets: Accounts for

employees’ and officers’ accounts receivable.

706.401948     Current assets: Account for notes

receivable.

706.401949     Current assets: Account for other

accounts receivable.

706.40195        Current assets: Account for bad

debts.

706.401951     Current assets: Account for

inventory supplies.

706.401952     Current assets: Account for prepaid

expenses.

706.401953     Current assets: Account for

refundable deposits.

706.401954     Current assets: Account for

miscellaneous current assets.

706.401955     Account for fixed assets.

706.401956     Fixed assets: Land account.

706.401957     Fixed assets: Buildings account.

706.401958     Fixed assets: Account for leasehold

improvements.

706.401959     Fixed assets: Account for shop and

garage equipment.

706.40196        Fixed assets: Account for furniture

and office equipment.

706.401961     Fixed assets: Limousine account.

706.401962     Fixed assets: Account for other

automotive equipment.

706.401963     Fixed assets: Account for radio and

telephonic equipment.

706.401964     Account for other fixed assets.

706.401965     Account for total depreciation and

amortization allowance.

706.401966     Accounts for organizational expense

and deferred charges.

706.401967     Accounts for other assets.

706.401968     Account for current and accrued

liabilities.

706.401969     Accounts for notes payable.

706.40197        Accounts for accounts payable, open

accident liabilities and contracts payable.

706.401971     Accounts for accrued salaries and

wages and for accrued vacation pay.

706.401972     Accounts for payroll taxes withheld

and accrued and for accrued payroll benefits.

706.401973     Account for accrued taxes and

licenses.

706.401974     Account for accrued interest.

706.401975     Account for other current

liabilities.

706.401976     Accounts for deferred credits,

dividends payable and mortgage payable.

706.401977     Account for accrued federal income

taxes.

706.401978     Accounts for long-term liabilities.

706.401979     Incorporated companies: Net worth.

706.40198        Unincorporated companies: Net

worth.

706.401981     Accounts for operating revenue.

706.401982     Accounts for operating expense.

706.401983     Accounts for dispatch expense.

706.401984     Accounts for shop and garage

expense.

706.401985     Accounts for general and

administrative expense: Salaries; vacation pay; payroll taxes; benefits.

706.401986     Accounts for general and

administrative expense: General taxes.

706.401987     Accounts for general and

administrative expense: Amortization; depreciation; insurance; bad debts.

706.401988     Accounts for general and

administrative expense: Rentals; repairs and maintenance.

706.401989     Accounts for general and

administrative expense: Advertising; contract services.

706.40199        Accounts for general and

administrative expense: Regulatory expenses.

706.401991     Accounts for general and

administrative expense: Transferred internal costs.

706.401992     Accounts for general and

administrative expense: Office, telephone, travel, utility and miscellaneous

expenses.

706.401993     Accounts for other nonoperating

income.

706.401994     Accounts for other nonoperating

expenses.

706.401995     Income statement accounts.

TOW CARS

706.402            Definitions.

706.4021          “Authority” defined.

706.4022          “Nonconsensual tow” defined.

706.4024          “Operator of a tow car” defined.

706.4026          “Tow at the request of a law

enforcement agency” defined.

706.404            Annual fee for operation of tow

car.

706.405            Plate for tow car.

706.406            Categories of tariffs.

706.407            Model tariff for nonconsensual

tows.

706.408            Permissible rates and charges for

towing; discounts.

706.410            Permissible fees and charges for

storage and access of vehicles towed without prior consent of owner.

706.412            Public inspection of tariffs and

regulations; notices in tow cars and at facilities for storage.

706.414            Cost of special permit to tow vehicle.

706.416            Charge for lien on towed vehicle.

706.418            Circumstances under which charges

prohibited.

706.420            Bills for towing.

706.422            Forms for billing; distribution,

maintenance and inspection of bills.

706.424            Payment of charges.

706.426            Information for filing complaints.

706.427            Authority to tow vehicles from

private property: Display of signs on and marking of property.

706.4273          Authority to tow vehicles from

private property: Sources.

706.4275          Authority to tow vehicles from

private property: Specific request for towing.

706.4277          Authority to tow vehicles from

private property: Written authorization.

706.428            Refusal to tow vehicles.

706.430            Logs for dispatch.

706.432            Notice of towing and storage;

release of vehicle upon which law enforcement agency places “Hold” designation.

706.434            Equipment for towing; pushing.

706.436            Weight of vehicle to be towed.

706.440            Disposition of personal property.

706.442            Remuneration or other consideration

in exchange for business prohibited.

OPERATION OF TAXICABS UNDER JURISDICTION OF TAXICAB AUTHORITY

706.450            Definitions.

706.453            Certificate: Qualifications of

applicant; investigation.

706.462            Criteria for multiple licenses.

706.465            Transfer of interest in certificate

or in corporation holding certificate.

706.471            Rates, charges and fares.

706.473            Certificate holders: Equity

capital.

706.474            Certificate holders: Change of

address; list of supervisory employees.

706.476            Certificate holders: Notification

of Administrator of complaint concerning driver.

706.477            Certificate holders: Notice of

dismissal of drivers.

706.478            Certificate holders: Dispatch log.

706.479            Certificate holders:

Confidentiality of financial reports and records submitted to Authority.

706.480            Commencement of operations;

interruption of service.

706.481            Violent crime against driver on

duty: Notification of certificate holders; dissemination of information

concerning crime; participation in secret witness program.

706.483            Accidents.

706.486            Taxicabs: Color scheme, insigne,

cruising light design, unit designation numbers; information placard.

706.487            Taxicabs: Modification of color

scheme or insigne.

706.489            Taxicabs: Display of medallions.

706.492            Taxicabs: Mechanical standards and

special equipment.

706.495            Taxicabs: Two-way radios; requests

by telephone for service.

706.496            Taxicabs: Transportation for

elderly persons and persons with permanent disabilities.

706.497            Taxicabs: Registration and control

by certificate holder; arrangements with driver.

706.501            Taximeters: Design; lights.

706.504            Taximeters: Inspection and seal.

706.507            Trip charges.

706.510            Trip sheets.

706.513            Drivers: Permits.

706.516            Drivers: Fitness.

706.519            Drivers: Physical qualifications.

706.522            Drivers: Temporary permits.

706.525            Drivers: Annual permits.

706.528            Drivers: Renewal, reapplication and

replacement of permits; waiver or extension of requirements for renewal.

706.531            Drivers: Display of permits.

706.534            Drivers: Failure to possess valid

permit.

706.535            Drivers: Notice to Authority of

change of name or address or conviction of certain offenses.

706.537            Drivers: Training.

706.540            Drivers: Standards of appearance

and dress.

706.543            Drivers: Standards of conduct.

706.544            Drivers: Reasons to fear for

personal safety.

706.546            Drivers: Conditions of employment.

706.549            Drivers: Hours of service.

706.550            Drivers: Provision of receipt to

passenger.

706.551            Drivers: Search of vehicle after

trip; disposition of property found.

706.552            Drivers: Prohibited and required

acts.

706.553            Issuance of referral for employment.

706.555            Drivers: Use of taxicab for crime.

UNIFORM SYSTEM OF ACCOUNTS FOR TAXICAB COMPANIES

General Provisions

706.558            Definitions.

706.561            “Accounts” defined.

706.564            “Actually issued” defined.

706.567            “Actually outstanding” defined.

706.570            “Amortization” defined.

706.573            “Associated companies” defined.

706.576            “Book cost” defined.

706.579            “Company” defined.

706.582            “Contingent assets” defined.

706.585            “Contingent liabilities” defined.

706.588            “Cost” defined.

706.591            “Cost of disposition” defined.

706.594            “Current assets” defined.

706.597            “Date of disposal” defined.

706.600            “Debt expense” defined.

706.603            “Depreciation” defined.

706.606            “Discount” defined.

706.609            “Functional division” defined.

706.612            “Investment advances” defined.

706.615            “Net book cost” defined.

706.618            “Nominally issued” defined.

706.621            “Nominally outstanding” defined.

706.624            “Original cost” defined.

706.627            “Outside labor” defined.

706.630            “Premium” defined.

706.633            “Property disposed” and “property

retired” defined.

706.636            “Replacement asset” and

“replacement property” defined.

706.639            “Salvage value” defined.

706.642            “Service life” defined.

706.645            “Service value” defined.

706.648            “Straight-line method” defined.

706.651            Records required.

706.654            Accounting method and period.

706.657            Accounting method: Interpretation.

706.660            Item lists.

706.663            Functional divisions of accounts.

706.666            Inventory requirements.

706.669            Fixed assets.

706.672            Depreciable assets.

706.675            Gain or loss on dispositions.

706.678            Payroll and payroll costs.

Accounts

706.681            Current assets: Items not to be

included.

706.684            Current assets: Account for cash on

hand.

706.687            Current assets: Account for cash in

banks.

706.690            Current assets: Account for petty

cash.

706.693            Current assets: Account for

accounts receivable—trade.

706.696            Current assets: Accounts for

employees’ and officers’ accounts receivable.

706.699            Current assets: Account for notes

receivable.

706.702            Current assets: Account for other

accounts receivable.

706.705            Current assets: Account for bad

debts.

706.708            Current assets: Account for

inventory supplies.

706.711            Current assets: Account for prepaid

expenses.

706.714            Current assets: Account for

refundable deposits.

706.717            Current assets: Account for

miscellaneous current assets.

706.720            Accounts for fixed assets.

706.723            Fixed assets: Land account.

706.726            Fixed assets: Buildings account.

706.729            Fixed assets: Account for leasehold

improvements.

706.732            Fixed assets: Account for shop and

garage equipment.

706.735            Fixed assets: Account for furniture

and office equipment.

706.738            Fixed assets: Taxicab account.

706.741            Fixed assets: Account for other

automotive equipment.

706.744            Fixed assets: Account for air

conditioners.

706.747            Fixed assets: Taximeter account.

706.750            Fixed assets: Account for fuel

conversion kits.

706.753            Fixed assets: Account for fuel

conversion plants.

706.756            Fixed assets: Account for radio and

telephonic equipment.

706.759            Account for other fixed assets.

706.762            Account for total depreciation and

amortization allowance.

706.765            Accounts for organizational expense

and deferred charges.

706.768            Accounts for other assets.

706.771            Current liabilities.

706.774            Accounts for notes payable.

706.777            Accounts for accounts payable, open

accident liabilities and contracts payable.

706.780            Accounts for accrued salary, wages

and vacation pay.

706.783            Accounts for payroll taxes withheld

and accrued and accrued payroll benefits.

706.786            Account for accrued taxes and

licenses.

706.789            Account for accrued interest.

706.792            Account for other current

liabilities.

706.795            Account for fees payable.

706.798            Accounts for deferred credits,

dividends payable and mortgage payable.

706.801            Account for accrued federal income

taxes.

706.804            Accounts for long-term liabilities.

706.807            Incorporated companies: Net worth.

706.810            Unincorporated companies: Net

worth.

706.813            Accounts for operating revenue.

706.816            Accounts for operating expense.

706.819            Accounts for dispatch expense.

706.822            Accounts for shop and garage

expense.

706.825            Accounts for general and

administrative expense: Salaries; vacation pay; payroll taxes; benefits.

706.828            Accounts for general and

administrative expense: General taxes.

706.831            Accounts for general and

administrative expense: Amortization; depreciation; insurance; bad debts.

706.834            Accounts for general and

administrative expense: Rentals; repairs and maintenance.

706.837            Accounts for general and

administrative expense: Advertising; contract services.

706.840            Accounts for general and

administrative expense: Regulatory expenses.

706.843            Accounts for general and administrative

expense: Transferred internal costs.

706.846            Accounts for general and

administrative expense: Office, telephone, travel, utility and miscellaneous

expenses.

706.849            Accounts for other nonoperating

income.

706.852            Accounts for other nonoperating

expenses.

706.855            Income statement accounts.

SUBSIDIZED TRANSPORTATION BY TAXICAB

706.857            Definitions.

706.8572          “Applicant” defined.

706.8574          “Division” defined.

706.8576          “Participant” defined.

706.8578          “Program” defined.

706.858            Creation of program; use of money

received from balance of Taxicab Authority Fund.

706.861            Application to participate in

program; eligibility.

706.864            Coupons.

706.870            Misuse of coupons.

PRACTICE BEFORE TAXICAB AUTHORITY

General Provisions

706.876            Scope and construction; deviation

from rules.

706.879            Office hours of operation;

meetings; communications.

706.882            Computation of time.

Parties

706.885            Classification of parties.

706.888            Appearances.

706.891            Withdrawal of attorney.

706.894            Intervention.

706.897            Conduct required.

Pleadings, Motions and Other Papers

706.900            Pleadings generally.

706.903            Applications generally.

706.906            Applications for certificates.

706.909            Applications for change of rates or

rules.

706.912            Miscellaneous applications for

relief.

706.921            Filing and service.

Complaints Against Certificate Holders

706.922            Procedure upon receipt of oral

complaint.

706.9222          Form and accompanying documents;

record; letter of acknowledgment; service upon certificate holder.

706.9224          Response.

706.9226          Investigation and recommended

actions for resolution.

706.9228          Submission of unresolved complaint

to Authority for review.

706.923            Determination by Authority to

dismiss complaint.

706.9232          Determination of probable cause;

actions by Authority.

Hearings

706.924            Notice of hearings.

706.927            Continuances.

706.930            Failure to appear.

706.933            Prehearing conference.

706.936            Subpoenas; depositions.

706.939            Testimony under oath.

706.942            Preliminary procedure.

706.945            Presentation of evidence.

706.948            Rules and types of evidence.

706.951            Consolidation; limitation on number

of interested parties.

706.954            Stipulations.

706.957            Official notice.

706.960            Objections; exceptions; offer of

proof; rulings.

706.963            Briefs; oral argument.

706.966            Decisions and orders.

706.969            Transcripts; attendance charges,

per diem and travel expenses.

706.972            Rehearings.

Appeals

706.975            Appeals to Authority.

Declaratory Orders and Advisory Opinions

706.980            Consideration of applications.

706.982            Procedure for consideration of

applications.

706.984            Draft of opinion or order by

Administrator.

706.986            Notice of decision.

706.988            Violation of opinion or order

prohibited.

Applications for Adoption, Amendment or Repeal of Regulations

706.990            Procedure for consideration of

application.

APPEALS TO NEVADA TRANSPORTATION AUTHORITY

706.991            Definitions.

706.9911          “Record on appeal” defined.

706.9912          “Taxicab Authority” defined.

706.9913          “Transportation Authority” defined.

706.9914          Notice of appeal from final

decision; filing fee; statement of intent to participate.

706.9915          Preparation and transmittal of

record on appeal.

706.9916          Filing of written brief, response

and reply; extension of period for filing.

706.9917          Review of notice of appeal from

final decision; issuance of decision or recommendation.

706.9918          Final decision by Transportation

Authority.

 

REGULATION AND LICENSING OF MOTOR CARRIERS

General Provisions

      NAC 706.010  Definitions. (NRS 706.171)  As used

in NAC 706.010 to 706.401995,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 706.012 to 706.129,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Pub. Service Comm’n, 9-1-87;

11-15-88; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99;

R040-02, 9-20-2002; R141-05, 5-4-2006)

      NAC 706.012  “Advertise” and “advertising” defined. (NRS 706.171)  “Advertise”

or “advertising” has the meaning ascribed to it in NRS 706.013.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.013  “Agent” defined. (NRS 706.171)  “Agent”

means a person authorized to act for and on behalf of an authorized carrier in

the sale of the carrier’s services but who does not add to or alter those

services.

     [Pub. Service Comm’n, Gen. Order 5 Rule 104(B), eff. 12-1-62]—(NAC

A 9-1-87)

      NAC 706.015  “Airport transfer service” defined. (NRS 706.171)  “Airport

transfer service” means the transportation of passengers and their baggage in

the same vehicle, except by taxicab, for a per capita charge between airports

or between an airport and points and places in this State. The term does not

include charter services by bus, charter services by limousine, scenic tours or

special services.

     (Added to NAC by Pub. Service Comm’n, eff. 11-15-88; A

by Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.018  “Application” defined. (NRS 706.171)  “Application”

means a request for operating authority or for relief filed with the Authority

as specified in NAC 706.3956.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002)

      NAC 706.0185  “Authority” defined. (NRS 706.171)  “Authority”

means the Nevada Transportation Authority created pursuant to NRS 706.1511.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)—(Substituted in revision for NAC 706.126)

      NAC 706.019  “Authorized carrier” defined. (NRS 706.171)  “Authorized

carrier” means a person authorized by the Authority to engage in the intrastate

transportation of property or passengers as a common or contract motor carrier.

     [Pub. Service Comm’n, Gen. Order 5 Rule 105, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.021  “Broker” defined. (NRS 706.171)  “Broker”

has the meaning ascribed to it in NRS

706.021.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.022  “Bus” defined. (NRS 706.171)  “Bus”

means any motor vehicle originally manufactured with a capacity of 16 or more

persons, including the driver, designed, constructed and used for the transportation

of passengers, their baggage and light express.

     [Pub. Service Comm’n, Gen. Order 5 Rule 121, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R078-98, 1-28-99; R040-02, 9-20-2002)

      NAC 706.030  “Certificate” defined. (NRS 706.171)  “Certificate”

means a certificate of public convenience and necessity issued by the

Authority.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.0305  “Certificate holder” defined. (NRS 706.171)  “Certificate

holder” means a person who holds a current certificate of public convenience

and necessity to operate as a motor carrier.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.0315  “Chair” defined. (NRS 706.171)  “Chair”

means the person designated as the Chair of the Authority pursuant to NRS 706.1512.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.032  “Charter order” defined. (NRS 706.171)  “Charter

order” means a written order prepared by a fully regulated carrier authorized

to provide charter service by limousine setting out a request from a customer

for the services of the carrier.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R040-02, 9-20-2002; R090-05, 12-29-2005)

      NAC 706.034  “Charter service by bus” defined. (NRS 706.171)

     1.  “Charter service by bus” means the

prearranged transportation of persons who have acquired the exclusive use of a

bus for a particular itinerary under a single contract and at a fixed charge

for the bus, which is consistent with the tariff filed by the carrier, for the duration

of the charter.

     2.  Except as otherwise provided in paragraph

(d) of subsection 3, the term includes services sold to a broker at an hourly

rate only, for resale by the broker in combination with other services or

facilities not related to transportation at per capita rates or at hourly

rates, as necessary. As used in this subsection, “in combination with other

services or facilities not related to transportation” means transportation

purchased by a purchaser or broker and resold by the purchaser or broker for

the purpose of transporting passengers, under a single contract, for a

particular itinerary between a definite point of origin and a location where

services or facilities other than, or unrelated to, transportation are provided

by the purchaser or broker for its benefit or for the benefit of a third party,

including, without limitation, malls, the place of employment of passengers or

other similar locations or facilities.

     3.  The term does not include:

     (a) Scenic tours;

     (b) Special services;

     (c) Airport transfer services;

     (d) Service which will be resold by the broker for

scenic tours or airport transfer services; or

     (e) The carriage of property or cargo not belonging

to the group of passengers being transported.

     [Pub. Service Comm’n, Gen. Order 5 part Rule 116, eff.

12-1-62]—(NAC A 9-1-87; 11-15-88; A by Transportation Serv. Auth. by R040-02, 9-20-2002;

R090-05, 12-29-2005; A by Nev. Transportation Auth. by R111-10, 12-16-2010)

      NAC 706.036  “Charter service by limousine” defined. (NRS 706.171)  

     1.  “Charter service by limousine” means the

exclusive use of a traditional limousine or livery limousine for the

prearranged transportation of passengers and their baggage under a charter

order at an hourly rate for a minimum of 1 hour.

     2.  The term does not include:

     (a) Scenic tours;

     (b) Special services;

     (c) Airport transfer services;

     (d) Service which will be resold by the broker for

scenic tours or airport transfer services; or

     (e) The carriage of property or cargo not belonging

to a group of passengers being transported.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R078-98, 1-28-99; R040-02, 9-20-2002)

      NAC 706.038  “City” defined. (NRS 706.171)  “City”

has the meaning ascribed to it in NRS

706.026.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.039  “Commissioner” defined. (NRS 706.171)  “Commissioner”

means a member of the Authority appointed pursuant to NRS 706.1511.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.041  “Common motor carrier” defined. (NRS 706.171)  “Common

motor carrier” has the meaning ascribed to it in NRS 706.036.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.042  “Complaint” defined. (NRS 706.171)  “Complaint”

means a written request for relief filed with the Authority.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002)

      NAC 706.044  “Contract motor carrier” defined. (NRS 706.171)  “Contract

motor carrier” has the meaning ascribed to it in NRS 706.051.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.048  “Department” defined. (NRS 706.171)  “Department”

means the Department of Motor Vehicles.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99; A by R040-02, 9-20-2002)

      NAC 706.050  “Deputy Commissioner” defined. (NRS 706.171)  “Deputy

Commissioner” means the Deputy appointed by the Authority pursuant to NRS 706.176.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.054  “Employee” defined. (NRS 706.171)  “Employee”

means a person who is not merely an agent but is actually employed or engaged

by a common or contract motor carrier.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87)

      NAC 706.058  “Equipment” defined. (NRS 706.171)  “Equipment”

means a motor vehicle, straight truck, tractor, semitrailer, full trailer,

combination tractor and trailer, combination straight truck and full trailer,

buses and any other type of equipment used by authorized carriers in the transportation

of property or passengers.

     [Pub. Service Comm’n, Gen. Order 5 Rule 128, eff. 12-1-62]

      NAC 706.060  “Exclusive use” defined. (NRS 706.171)  “Exclusive

use” means the occupancy of a vehicle by a person who or a group of persons

which has engaged or hired that vehicle and has control over the entry of

others into the vehicle.

     (Added to NAC by Pub Service Comm’n, eff. 9-1-87)

      NAC 706.062  “Fully regulated carrier” defined. (NRS 706.171)  “Fully

regulated carrier” has the meaning ascribed to it in NRS 706.072.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.064  “Gross weight” defined. (NRS 706.171)  “Gross

weight” means the combined weight of the motor vehicle, its load, any connected

vehicle and its load.

     [Pub. Service Comm’n, Gen. Order 5 Rule 131, eff. 12-1-62]—(NAC

A 9-1-87)

      NAC 706.065  “Hazardous material” defined. (NRS 706.171)  “Hazardous

material” has the meaning ascribed to it in NRS 706.074.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.0655  “Hearing” defined. (NRS 706.171)  “Hearing”

means any public proceeding for which notice is provided by the Authority in

accordance with applicable statutes and regulations.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.066  “Highway” defined. (NRS 706.171)  “Highway”

has the meaning ascribed to it in NRS

706.081.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.067  “Household goods” defined. (NRS 706.171)  

     1.  “Household goods” includes:

     (a) Property transported as an incident of a move

by a householder from one dwelling to another and property transported:

          (1) From the dwelling of a householder in

connection with a gift, sale or the administration of an estate;

          (2) Between the dwelling of a householder and

a repair or storage facility;

          (3) From the dwelling of a householder to an

auction house or other place of sale; and

          (4) From a factory or store to the dwelling of

a householder if:

               (I) The householder has purchased the

goods with the intent to use them in his or her dwelling;

               (II) The property is transported at the

request of the householder; and

               (III) The transportation charges are paid

to the carrier by the householder.

     (b) Furniture, fixtures, equipment and the property

of stores, offices, museums, institutions, hospitals or other establishments,

when it is a part of the stock, equipment or supply of the stores, offices,

museums, institutions, hospitals or other establishments.

     (c) Commodities mentioned in paragraphs (a) and

(b), when transported pursuant to the removal of the establishment, or a

portion thereof, from one location to another, and used furniture, fixtures and

equipment of stores, offices, museums, institutions, hospitals or other

establishments transported:

          (1) From a location in one branch of an

establishment to a location in another branch of that establishment; and

          (2) From a location in an establishment and a

repair or storage facility.

     2.  The term does not include the

stock-in-trade of any establishment, except when transported as an incident to

the removal of the establishment, or a portion thereof, from one location to

another.

     [Pub. Service Comm’n, part Gen. Order 5, eff. 6-30-65]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.069  “Independent contractor” defined. (NRS 706.171)  “Independent

contractor” means a person who leases a taxicab from a certificate holder

pursuant to NRS 706.473.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.070  “Interchange of equipment” defined. (NRS 706.171)  “Interchange

of equipment” means the physical exchange of equipment between common motor

carriers or the receipt by one carrier of equipment from another carrier, in

furtherance of a through movement of traffic, at a point or points which the

carriers are authorized to serve.

     [Pub. Service Comm’n, Gen. Order 5 Rule 140, eff. 12-1-62]—(NAC

A by Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.076  “Lease” defined. (NRS 706.171)  “Lease”

means a writing signed by the parties or their regular employees or agents duly

authorized to act for them in the execution of contracts, leases or other

arrangements.

     [Pub. Service Comm’n, Gen. Order 5 Rule 139, eff. 12-1-62]

      NAC 706.080  “Livery limousine” defined. (NRS 706.171)  “Livery

limousine” means a motor vehicle engaged in the general transportation of

persons for compensation that was originally manufactured as having a capacity

of 9 or more persons but less than 16 persons, including the driver.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99; A by R040-02, 9-20-2002; A by Nev. Transportation Auth. by R127-07,

9-18-2008)

      NAC 706.081  “Motion” defined. (NRS 706.171)  “Motion”

means a request for relief filed with the Authority pursuant to NAC 706.3959.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.083  “Motor carrier” defined. (NRS 706.171)  “Motor

carrier” means any person or operator who is supervised, controlled or

regulated pursuant to chapter 706 of

NRS.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.084  “Motor vehicle” defined. (NRS 706.171)  “Motor

vehicle” has the meaning ascribed to it in NRS 706.096.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.086  “Multiple charter” defined. (NRS 706.171)  “Multiple

charter” means the transportation of more than one separate group under a

single charter order.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87)

      NAC 706.090  “On call” and “on-call” defined. (NRS 706.171)  “On

call” or “on-call” means available to provide transportation.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.091  “On call over irregular routes” defined. (NRS 706.171)  “On call

over irregular routes” means the transportation of passengers or personal

property by motor vehicles between points and places over irregular routes.

     [Pub. Service Comm’n, Gen. Order 5 part Rule 129, eff.

12-1-62]—(NAC A 9-1-87)

      NAC 706.092  “Operating authority” defined. (NRS 706.171)  “Operating

authority” means a certificate, permit or other approval issued by the

Authority pursuant to which a person may operate a motor carrier or tow car,

act as a broker or engage in any other activity subject to the jurisdiction of

the Authority.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.094  “Owner” defined. (NRS 706.171)  “Owner”

means a person to whom title to equipment has been issued or who has lawful

possession of equipment, and has the equipment registered and licensed in any

state or states or the District of Columbia in his or her name.

     [Pub. Service Comm’n, Gen. Order 5 Rule 104(C), eff. 12-1-62]

      NAC 706.096  “Party of record” defined. (NRS 706.171)  “Party

of record” means an applicant, complainant, petitioner, respondent or

intervener whose petition for leave to intervene has been granted, in whole or

in part, by the Authority.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.0965  “Permit” defined. (NRS 706.171)  “Permit”

means a permit issued by the Authority to operate:

     1.  A van pool;

     2.  A warehouse; or

     3.  As a contract carrier.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.097  “Petition” defined. (NRS 706.171)  “Petition”

means a request for relief made to the Authority pursuant to NAC 706.3957.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.100  “Pleading” defined. (NRS 706.171)  “Pleading”

means any application, petition, complaint, answer, protest or motion filed

with the Authority in any proceeding.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1015  “Prearranged” defined. (NRS 706.171)  “Prearranged”

means transportation that is scheduled through or reported to the central

dispatch of a carrier before the provision of service.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.102  “Presiding officer” defined. (NRS 706.171)  “Presiding

officer” means the Chair of the Authority or a commissioner designated by the

Chair to preside over a hearing.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.103  “Rebuttal” defined. (NRS 706.171)  “Rebuttal”

means evidence offered by an applicant, petitioner or complainant which must

directly explain, repel, counteract or disprove facts offered in evidence by

parties of record opposing the application, petition or complaint.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1045  “Regular business hours” defined. (NRS 706.171)  “Regular

business hours” means Monday through Friday, 8 a.m. to 5 p.m., excluding legal

holidays.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.105  “Regular route” defined. (NRS 706.171)  “Regular

route” means a fixed route between specific points served according to a

schedule authorized by the Authority.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.111  “Restored theme or antique vehicle” defined. (NRS 706.171)  “Restored

theme or antique vehicle” means a vehicle of 25 years of age or more restored

to new appearance and mechanical condition.

     (Added to NAC by Pub. Service Comm’n, eff. 11-15-88)

      NAC 706.112  “Scenic tour” defined. (NRS 706.171)  “Scenic

tour” means the transportation at a per capita or an hourly rate of passengers

to various points of interest for the purpose of sight-seeing or visiting those

points of interest where a narrated tour is presented to the passengers. The

term does not include charter services by bus, charter services by limousine,

special services or airport transfer services.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 11-15-88;

A by Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.117  “Shipper” defined. (NRS 706.171)  “Shipper”

means any person:

     1.  Who is shown as the consignor on a bill

of lading for the transportation of goods from one point to another; and

     2.  For whom the service is rendered.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87)

      NAC 706.118  “Similar equipment” defined. (NRS 706.171)  “Similar

equipment” means equipment designed and used to transport cargo of the same

specific class of commodities or passengers in the same type of motor vehicle.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.119  “Special services” defined. (NRS 706.171)  “Special

services” means the transportation of persons who have acquired the use of a

vehicle for a special event, or for a specific purpose as approved by the

Nevada Transportation Authority, between definite points of origin and

destination, at a per capita rate. The term does not include charter services

by bus, charter services by limousine, scenic tours or airport transfer

services.

     [Pub. Service Comm’n, Gen. Order 5 part Rule 117, eff.

12-1-62]—(NAC A 9-1-87; 11-15-88; A by Transportation Serv. Auth. by R040-02, 9-20-2002;

A by Nev. Transportation Auth. by R127-07, 9-18-2008)

      NAC 706.120  “Staff of the Authority” defined. (NRS 706.171)  “Staff

of the Authority” means persons employed by the Authority.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.121  “Taxicab” defined. (NRS 706.171)  “Taxicab”

has the meaning ascribed to it in NRS

706.124.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.123  “Taximeter” defined. (NRS 706.171)  “Taximeter”

has the meaning ascribed to it in NRS

706.8817.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.124  “Traditional limousine” defined. (NRS 706.171)  “Traditional

limousine” means a motor vehicle engaged in the general transportation of

persons for compensation that was originally manufactured as having a capacity

of less than nine persons, including the driver.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99; A by Nev. Transportation Auth. by R127-07, 9-18-2008)

      NAC 706.129  “Vehicle” defined. (NRS 706.171)  “Vehicle”

has the meaning ascribed to it in NRS

706.146.

     (Added to NAC by Transportation Serv. Auth. by R078-98,

eff. 1-28-99)

      NAC 706.1293  Special mobile equipment: “Incidentally operated or moved upon a

highway” interpreted; vehicles not specified in statutory definition. (NRS 706.121, 706.171)

     1.  As used in NRS 706.121, the Department will

interpret the term “incidentally operated or moved upon a highway” to mean the

operation of:

     (a) A motor vehicle in an emergency situation, as

determined by emergency personnel, including, without limitation, a law

enforcement agency or other appropriate authority;

     (b) Construction equipment to patch a roadway that

is operated subject to the terms of a contract for a specific project;

     (c) Snow removal equipment to clear snow from

highways during or immediately following inclement weather; or

     (d) Special mobile equipment on a public highway

that is not a controlled-access highway as defined in NRS 484A.060, if the special

mobile equipment travels not more than 5 miles from the point at which the

special mobile equipment initially entered the public highway.

     2.  As used in NRS 706.121, the term “special

mobile equipment” does not include:

     (a) Any truck that:

          (1) Is used as a water truck on any portion of

a public highway; or

          (2) Was originally designed and manufactured

as a vehicle to carry cargo;

     (b) Any vehicle:

          (1) That is used to sweep any portion of a

public highway;

          (2) That was originally designed and

manufactured to transport persons or property;

          (3) To which machinery for sweeping is mounted

or attached; or

          (4) That has the capability of traveling long

distances over a controlled-access highway;

     (c) Any trailer; or

     (d) Any farm machinery or implements of husbandry.

     (Added to NAC by Dep’t of Motor Veh. by R079-07, eff. 1-30-2008)

      NAC 706.1295  Severability. (NRS 706.171)  If any

provision of NAC 706.010 to 706.4019,

inclusive, or any application thereof to any person, thing or circumstance is

held invalid, the Authority intends that such invalidity not affect the

remaining provisions, or their application, that can be given effect without

the invalid provision or application.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1305  Deviation from regulations. (NRS 706.171)  The

Authority will and the presiding officer shall allow deviation from the

provisions of NAC 706.010 to 706.4019, inclusive, if good cause for deviation

appears.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1315  Computation and extension of time. (NRS 706.171)  Except

as otherwise provided by law:

     1.  In computing any period prescribed or

allowed by any regulation of the Authority, the day of the act, event or

default from or after which the designated period begins to run is not

included. The last day of the period so computed is included, but if it is a

Saturday, Sunday or legal holiday, the period runs until the end of the next

day which is not a Saturday, Sunday or legal holiday.

     2.  Whenever an act is required or allowed

pursuant to any regulation of the Authority, or any notice given thereunder, to

be done within a specified period, the Authority may extend the period for good

cause upon a motion made before the specified period expires.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002)

      NAC 706.132  Payment of fees, remittances and administrative fines. (NRS 706.171)

     1.  A fee or remittance by money order, bank

draft or check to the Authority, or by an electronic transfer of money for fees

or remittances which are equal to, or greater than, the amount specified in NRS 353.1467, must be made payable

to the “Nevada Transportation Authority.” A remittance in currency or coin is

acceptable but is sent wholly at the risk of the remitter, and the Authority

assumes no responsibility for the loss of such a remittance. An application fee

or other charge required by law must be paid to the Authority at the time of

filing with the Authority.

     2.  An administrative fine imposed pursuant

to NRS 706.476 for the

impoundment of a vehicle must be paid by cash, cashier’s check, or money order

or, if the administrative fine is equal to, or greater than, the amount

specified in NRS 353.1467, by

the electronic transfer of money.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002; A by Nev. Transportation Auth. by R012-12,

6-29-2012)

      NAC 706.1321  Interstate Highway User Fee Apportionment Act: Payments. (NRS 706.171, 706.821)  An

operator of a vehicle that is registered pursuant to NRS 706.801 to 706.861, inclusive, may be required

by the Department to pay all fees owed to the Department pursuant to NRS 706.801 to 706.861, inclusive, by cash,

cashier’s check, money order or traveler’s check.

     (Added to NAC by Dep’t of Motor Veh. by R158-09, eff. 4-20-2010)

      NAC 706.1323  Bond required for habitually delinquent taxpayer. (NRS 706.171, 706.192)

     1.  If the Department requires a common motor

carrier, contract motor carrier or private motor carrier of property to provide

a bond pursuant to NRS 706.192,

the amount of the bond must be in an amount equal to the greater of:

     (a) The total amount of registration fees imposed

for the vehicle or fleet of vehicles of the common motor carrier, contract

motor carrier or private motor carrier of property over the immediately

preceding 12-month period; or

     (b) Twenty-five hundred dollars.

     2.  The bond provided pursuant to NRS 706.192 must be maintained by

the common motor carrier, contract motor carrier or private motor carrier of

property if the Department finds the common motor carrier, contract motor

carrier or private motor carrier of property is habitually delinquent for:

     (a) The first time, for 12 months.

     (b) The second time, for 24 months.

     (c) The third or subsequent time, for 36 months.

     3.  The Department interprets the term

“habitually delinquent,” as used in NRS

706.192, to mean a taxpayer who has a check to the Department returned or

fails to remit payment for any amount due the Department pursuant to this

chapter by the date required two or more times within any 12-month period.

     (Added to NAC by Dep’t of Motor Veh. by R158-09, eff. 4-20-2010)

      NAC 706.1325  Public records; filing and confidentiality of certain

information. (NRS

706.171)

     1.  Except as otherwise provided by law, all

documents filed with the Authority become matters of public record as of the

day and time of their filing. The Deputy Commissioner, within reasonable limits

of time and general expediency, shall allow members of the public to examine

these public records.

     2.  Except as otherwise provided in

subsection 3, an applicant shall not include any of the following items in an

application filed with the Authority:

     (a) Copies of tax returns;

     (b) Copies of bank statements, brokerage statements

and retirement statements;

     (c) Loan documents;

     (d) Credit reports;

     (e) Reports concerning criminal background;

     (f) Records from the Department; and

     (g) Any other document determined to be

confidential pursuant to NAC 706.3944 to 706.3954, inclusive.

     3.  The Authority may request that an

applicant submit the information described in paragraphs (a) to (f), inclusive,

of subsection 2 if the Authority determines that the information is necessary

in its consideration of the application. The applicant may, pursuant to NRS 706.1725, request that such

information be treated as confidential.

     4.  Upon request, copies of public records

will be made and a reasonable fee will be charged for the cost of reproduction.

Copies of transcripts must first be requested from the court reporter or

transcriber who made the transcript.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002)

      NAC 706.133  Rejection of documents. (NRS 706.171)  A

document which is not in compliance with the provisions of NAC 706.010 to 706.4019,

inclusive, or applicable statutes may be rejected. If rejected, that document

will be returned with an indication of the deficiencies. The acceptance of a

document for filing is not a determination that the document complies with all

regulations of the Authority and is not a waiver of those regulations.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1335  Receipt of written communications and documents. (NRS 706.171)  A

written communication or document is considered officially received by the

Authority only if it is:

     1.  Filed at the office of the Authority in

Las Vegas and addressed to the Deputy Commissioner; or

     2.  Presented to the Authority during a

hearing.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1345  Deputy Commissioner: General duties. (NRS 706.171)  The

Deputy Commissioner shall perform such administrative and other duties as are

prescribed by the Authority.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.135  Deputy Commissioner: Administrative duties. (NRS 706.171)  The

Deputy Commissioner:

     1.  Has custody of the minutes of the

proceedings of the Authority, of the regulations and of all other records of

the Authority, including, without limitation, administrative orders. Orders of

the Authority will be authenticated or signed by the Deputy Commissioner or by

another person authorized by the Authority.

     2.  Will maintain a hearing calendar of all

scheduled hearings at the office of the Authority in Las Vegas. The hearing

calendar is available for public inspection during regular business hours.

     3.  Will maintain a docket of all matters

pending before the Authority and will assign an appropriate docket number to

each new matter. The docket is available for public inspection at the office of

the Authority in Las Vegas.

     4.  Will be responsible for the supervision

of all administrative functions of the Authority.

     5.  Will, on a regular basis, make himself or

herself available to provide briefings to the Authority regarding

administrative functions, issues and matters that are before or of concern to

the Authority.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1355  Public notice of application or tariff filing. (NRS 706.171)

     1.  If an authorization, expansion, reduction

or curtailment of services, facilities or authority, increase in rates, fares

or charges, or any change in regulations is filed by application or tariff

filing and the filing is not rejected pursuant to NAC

706.133, the Deputy Commissioner shall cause a notice of the application or

tariff filing to be published within 10 working days after acceptance unless

circumstances dictate otherwise.

     2.  If the Deputy Commissioner determines

that the proposal will have a statewide effect, he or she shall cause the

notice to be published at least once in four or more newspapers of general

circulation in this State, no two of which are published in the same county.

     3.  If the Deputy Commissioner determines

that the proposal will have an effect on a limited number of counties, he or

she shall cause the notice to be published once in a newspaper of general

circulation in each county affected. If there is no newspaper published in an

affected county, the Deputy Commissioner shall cause the notice to be published

in a newspaper in an adjoining county.

     4.  The notice must be an advertisement which

is reasonably calculated to notify affected persons and must include, without

limitation:

     (a) The name of the applicant or the name of the

agent for the applicant;

     (b) A brief description of the applicant’s

proposal;

     (c) The location at which the proposal is on file

for the public; and

     (d) The date by which persons must file a protest

or petition for leave to intervene with the Authority.

     5.  The Deputy Commissioner shall cause the

notice to be published in the appropriate newspapers not less than 3 working

days before the proposal becomes effective.

     6.  The applicant shall pay the cost of the

publication.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

Applications Relating to Licenses, Certificates and

Permits for Motor Carriers

      NAC 706.1372  License to operate as common, contract or private motor carrier

of property. (NRS

706.169, 706.171, 706.186, 706.491)

     1.  An application for a license to operate

as a common, contract or private motor carrier of property must include the

federal identification number of the applicant’s business.

     2.  As used in this section, “federal

identification number” means:

     (a) Federal taxpayer identification number;

     (b) Federal employer identification number;

     (c) Social security number; or

     (d) Any other identification number issued by the

Internal Revenue Service.

     (Added to NAC by Dep’t of Motor Veh. by R133-06, eff. 9-18-2006)

      NAC 706.1375  Certificates and permits: General requirements; omissions and

deficiencies. (NRS

706.171, 706.421, 706.426, 706.431, 706.443, 706.4464, 706.6411)  Except

as otherwise required in NAC 706.1376 and 706.1377:

     1.  An application for:

     (a) The initial issuance, expansion or modification

of a certificate made pursuant to NRS

706.386 to 706.411,

inclusive;

     (b) A permit to act as a contract carrier made

pursuant to NRS 706.421 to 706.436, inclusive;

     (c) The addition of a subsequent contract by a

contract carrier; or

     (d) The sale and transfer of an interest in:

          (1) A certificate;

          (2) Fifteen percent or more of the stock of a

corporation that holds a certificate;

          (3) A partnership that holds a certificate; or

          (4) A corporate entity that holds a certificate

which would result in a change in the corporate control of the carrier,

Ê must, in

addition to complying with the provisions of NAC

706.010 to 706.4019, inclusive, that are

applicable to pleadings, contain the data set forth in subsection 2.

     2.  An application described in subsection 1

must contain the following data, either in the application or as exhibits

attached thereto:

     (a) The type of service, if any, presently being

performed by the applicant, a general description of the service and a reference

to the authority pursuant to which the service is being performed.

     (b) The type of service proposed, a general

description of the service and a reference to the authority pursuant to which

the service is to be performed.

     (c) The specific authority requested and the

statutory provision pursuant to which the certificate is requested.

     (d) If the applicant proposes to be a carrier of

household goods, a description of the types of household goods proposed to be

transported.

     (e) The geographical area proposed to be served

pursuant to the certificate, including, without limitation, the terminal and

other points to be served, the number and location of points where equipment

will be located, and a concise, narrative description of the proposed route.

     (f) A map or sketch of the route and points to be

served, drawn to a suitable scale which is indicated on the map or sketch. The

map or sketch must show present and proposed operations by distinctive coloring

or marking.

     (g) If the applicant proposes to be a contract

carrier or is an existing contract carrier proposing to add subsequent

contracts, a copy of each proposed contract.

     (h) A statement of the rates or fares proposed to

be charged and the rules governing service in the form of a tariff prepared pursuant

to NAC 706.138 to 706.139,

inclusive.

     (i) The type and number of units of equipment to be

used in the proposed service and a statement as to which units of equipment are

owned by the applicant that includes, without limitation, photographs of the

equipment to be used and a copy of the registration and title of each vehicle

currently owned by the applicant which will be used under its operating

authority. If the applicant proposes to operate a taxicab service, the

application must include the proposed color scheme of the vehicles that will be

used to provide the taxicab service.

     (j) A statement indicating the frequency of the

proposed service. If on-call service is proposed, the application must set

forth the conditions under which the service would be performed.

     (k) A statement of the qualifications and

experience of the personnel who will manage and operate the proposed service

and the proposed operating procedures related to service, safety, maintenance,

training of drivers, billing, relations with customers and the keeping of

records.

     (l) A statement describing the facilities which

will be used to provide the proposed service, such as terminals, shops,

warehouses or offices.

     (m) Facts showing that the proposed operation is or

will be beneficial to the traveling public.

     (n) If the applicant is a corporation or

limited-liability company, a copy of its articles of incorporation or articles

of organization, certified by the Secretary of State, and all effective

amendments thereto. If the corporation or limited-liability company was

incorporated or established in another state, the application must include:

          (1) A copy of the certificate issued by the

Office of the Secretary of State authorizing the corporation or

limited-liability company to transact its business in the State of Nevada; or

          (2) Its equivalent, as provided in NRS 80.120.

     (o) If the applicant is a partnership, a copy of

the partnership agreement and any amendments made thereto.

     (p) If the applicant is not a natural person, a

list of all owners, including associated stock certificates, membership

certificates or associated documents, along with the percentage of ownership of

each partner, member or owner. If the applicant is a publicly traded

corporation, the application may include a copy of Form 10-K, or its

equivalent, filed by the corporation with the Securities and Exchange

Commission that shows the controlling ownership, officers and directors in lieu

of the list of all owners, including associated stock certificates, membership

certificates or associated documents.

     (q) Evidence that the applicant is financially able

to operate the proposed business, including, without limitation:

          (1) A statement of income for the 12-month

period immediately preceding the application.

          (2) A pro forma statement of income for the

first 12-month period, presented in a monthly basis format, of the proposed

operation using the proposed rates. The Authority may require, as a condition

to the granting of the application, that the applicant is prohibited from

placing into service more vehicles than the vehicles projected in the pro forma

statement for any period that the Authority deems necessary to ensure that the

granting of the application will not unreasonably and adversely affect other

carriers operating in the territory.

          (3) A balance sheet which was prepared not

more than 6 months before the date of the application which:

               (I) For a sole proprietorship or

partnership, must reflect the personal and business operations of the sole

proprietor or each general partner.

               (II) For a corporation, limited-liability

company or partnership, must reflect the entire business operations.

          (4) A list of the names and addresses of all

transportation entities owned by or under the control of the applicant.

Ê All financial

statements must be prepared pursuant to generally accepted accounting

principles, except that the personal financial statement of a sole proprietor

or general partner may be prepared on the basis of estimated values.

     (r) If the applicant is operating under a

fictitious name, a copy of the certificate filed pursuant to chapter 602 of NRS, if applicable.

     (s) Evidence that the applicant can secure the

insurance required by NAC 706.191.

     (t) If the applicant is proposing to transport and

store household goods and effects, proof that the applicant has the ability to

store such goods and effects in a warehouse operated in accordance with the

requirements of chapter 712 of NRS. As

used in this paragraph, “warehouse” includes, without limitation, any structure

used for the reception and storage of household goods and effects.

     (u) Additional information as is necessary for a

full understanding of the application.

     3.  If any item required pursuant to this

section or by statute is omitted or otherwise deficient after acceptance of the

application or filing, the Authority will notify the applicant of the omission

or deficiency, in writing, at the address of the applicant listed on the

application or filing. If the applicant does not cure the omission or

deficiency within 15 working days after the issuance of that notification, the

Deputy Commissioner shall, at the next regular meeting of the Authority, move

that the application or filing be dismissed.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002; A by Nev. Transportation Auth. by R127-07,

9-18-2008)

      NAC 706.1376  Certificate to operate tow car. (NRS 706.171, 706.4463, 706.4464)

     1.  An application for:

     (a) The initial issuance, expansion or modification

of a certificate of public convenience and necessity to operate a tow car made

pursuant to NRS 706.386 to 706.411, inclusive; or

     (b) The sale and transfer of an interest in:

          (1) Such a certificate;

          (2) Fifteen percent or more of the stock of a

corporation that holds such a certificate;

          (3) A partnership that holds such a

certificate; or

          (4) A corporate entity that holds such a

certificate which would result in a change in the corporate control of the

carrier,

Ê must, in

addition to complying with the provisions of NAC

706.010 to 706.4019, inclusive, that are

applicable to pleadings, contain the data set forth in subsection 2.

     2.  An application described in subsection 1

must contain the following data, either in the application or as exhibits

attached thereto:

     (a) The type of service proposed, a general

description of the service and a reference to the authority pursuant to which

the service will be performed.

     (b) The specific authority requested and the

statutory provision pursuant to which the certificate is requested.

     (c) A copy of a sample invoice that will be used by

the applicant. The invoice must have imprinted thereon the procedures that a

customer of the tow car may use to file a complaint against the operator of the

tow car.

     (d) If the applicant will provide:

          (1) Nonconsensual tows, a statement of the

rates proposed to be charged and the rules governing service in the form of a

tariff prepared pursuant to NAC 706.138 to 706.139, inclusive.

          (2) Only towing services with the consent of

the owner of the vehicle being towed, the title page of the tariff prepared in

accordance with NAC 706.1385.

     (e) The type and number of units of equipment that

will be used in the proposed service and a statement as to which units of

equipment are owned by the applicant, including photographs of the equipment to

be used and copies of the registration and titles of those vehicles already

owned by the applicant that will be used under its operating authority.

     (f) A statement describing the facilities that will

be used to provide the proposed service, including, without limitation,

offices, terminals and impound yards.

     (g) If the applicant is a corporation or a

limited-liability company, a copy of its articles of incorporation or articles

of organization, certified by the Secretary of State, and all effective

amendments thereto. If the corporation or limited-liability company was

incorporated or established in another state, the application must include:

          (1) A copy of the certificate issued by the

Office of the Secretary of State authorizing the corporation or

limited-liability company to transact its business in the State of Nevada; or

          (2) Its equivalent, as provided in NRS 80.120.

     (h) If the applicant is a partnership, a copy of

the partnership agreement and any amendments thereto.

     (i) If the applicant is not a natural person, a

list of all owners, including associated stock certificates, membership

certificates or associated documents, along with the percentage of ownership

interest of each partner, member or owner. If the applicant is a publicly

traded corporation, the requirements of this paragraph may be satisfied by

attaching to the application a copy of Form 10-K or its equivalent filed with

the Securities and Exchange Commission showing the controlling ownership,

officers and directors of the corporation.

     (j) If the applicant is operating under a

fictitious name, a copy of the certificate filed pursuant to chapter 602 of NRS, if applicable.

     (k) A sample of the dispatch log that will be used

by the tow service.

     (l) Evidence that the applicant can secure the

insurance required by NAC 706.191.

     (m) Additional information as is necessary for a

full understanding of the application.

     3.  If any item required pursuant to this

section or by statute is omitted or otherwise deficient after acceptance of the

application or filing, the Authority will notify the applicant of the omission

or deficiency, in writing, at the address of the applicant listed on the

application or filing. If the applicant does not cure the omission or

deficiency within 15 working days after the issuance of that notification, the

Deputy Commissioner shall, at the next regular meeting of the Authority, move

that the application or filing be dismissed.

     4.  As used in this section, “nonconsensual

tow” has the meaning ascribed to it in NAC 706.4022.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002; A by R091-05, 12-29-2005)

      NAC 706.1377  Certificate to provide intrastate charter service by bus. (NRS 706.171, 706.6411)

     1.  An application for:

     (a) The initial issuance of a certificate of public

convenience and necessity to provide intrastate charter service by bus made

pursuant to NRS 706.386 to 706.411, inclusive; or

     (b) The sale and transfer of an interest in:

          (1) Such a certificate;

          (2) Fifteen percent or more of the stock of a

corporation that holds such a certificate;

          (3) A partnership that holds such a

certificate; or

          (4) A corporate entity that holds such a

certificate which would result in a change in the corporate control of that

entity,

Ê must, in

addition to complying with the provisions of NAC

706.010 to 706.4019, inclusive, that are

applicable to pleadings, contain the data set forth in subsection 2.

     2.  An application described in subsection 1

must contain the following data, either in the application or as exhibits

attached thereto:

     (a) The type of service proposed, a general

description of the service and a reference to the authority pursuant to which

the service is to be performed.

     (b) The specific authority requested and the

statutory provision pursuant to which the certificate is requested.

     (c) A statement of the rates or fares proposed to

be charged and the rules governing the operations of the intrastate charter

service by bus pursuant to NRS

706.321 in the form of a tariff prepared pursuant to NAC

706.138 to 706.139, inclusive.

     (d) The type and number of units of equipment to be

used in the proposed service that includes the year, make, model, passenger

capacity and, if available, vehicle identification number of each vehicle to be

used to provide the intrastate charter service by bus.

     (e) A statement describing:

          (1) The address of the domicile of the company

and the location where the company maintains its business office and records;

and

          (2) The address and location of the terminal

and the equipment to be used by the company.

     (f) If the applicant is a corporation or a

limited-liability company, a copy of its articles of incorporation or articles

of organization, certified by the Secretary of State, and all effective

amendments thereto. If the corporation or limited-liability company was

incorporated or established in another state, the application must include:

          (1) A copy of the certificate issued by the

Office of the Secretary of State authorizing the corporation or

limited-liability company to transact its business in the State of Nevada; or

          (2) Its equivalent, as provided in NRS 80.120.

     (g) If the applicant is a partnership, a copy of

the partnership agreement and any amendments thereto.

     (h) If the applicant is not a natural person, a

list of all owners, including associated stock certificates, membership

certificates or associated documents, along with the percentage of ownership

interest of each partner, member or owner. If the applicant is a publicly traded

corporation, the requirements of this paragraph may be satisfied by attaching

to the application a copy of Form 10-K or its equivalent filed with the

Securities and Exchange Commission showing the controlling ownership, officers

and directors of the corporation.

     (i) If the applicant is operating under a

fictitious name, a copy of the certificate filed pursuant to chapter 602 of NRS, if applicable.

     (j) A copy of the complaint procedures that will be

used.

     (k) Evidence that the applicant can secure the

insurance required by NAC 706.191.

     (l) Additional information as is necessary for a

full understanding of the application.

     3.  If any item required pursuant to this

section or by statute is omitted or otherwise deficient after acceptance of the

application or filing, the Authority will notify the applicant of the omission

or deficiency, in writing, at the address of the applicant listed on the

application or filing. If the applicant does not cure the omission or

deficiency within 15 working days after the issuance of that notification, the

Deputy Commissioner shall, at the next regular meeting of the Authority, move

that the application or filing be dismissed.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002; A by R090-05, 12-29-2005)

Drivers’ Permits for Drivers of Certain Motor Carriers

      NAC 706.13775  Prohibition against driving certain motor carriers without

driver’s permit; withdrawal of vehicle from service. (NRS 706.171, 706.462)

     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 in his or her possession

a valid driver’s permit issued to the person by the Authority pursuant to NRS 706.462.

     2.  If the Authority determines that a

charter bus operated for the purposes of charter bus transportation, a motor

vehicle operated for a fully regulated carrier of passengers or a taxicab motor

carrier is being driven by a person who does not possess a valid driver’s

permit, the Authority may cause the vehicle to be withdrawn from service until

such time as a person who possesses a valid driver’s permit is available to

drive the vehicle.

     (Added to NAC by Nev. Transportation Auth. by R060-13,

12-23-2013, eff. 1-1-2014)

      NAC 706.13777  Return of driver’s permit to Authority upon occurrence of certain

events. (NRS

706.171, 706.462)  A

driver’s permit issued by the Authority remains the property of the Authority

and must be returned to the Authority when the person to whom the driver’s

permit has been issued changes employment or leaves the industry or upon demand

of the Authority.

     (Added to NAC by Nev. Transportation Auth. by R060-13,

12-23-2013, eff. 1-1-2014)

      NAC 706.13779  Issuance of temporary driver’s permit. (NRS 706.171, 706.462)  The

Authority may issue a temporary driver’s permit to an applicant for a driver’s

permit which is valid only during the period in which the Authority conducts an

investigation of the applicant’s background as authorized by NRS 706.462 and processes the

application. A temporary driver’s permit issued by the Authority expires on the

date on which the Authority issues or refuses to issue a driver’s permit to the

applicant.

     (Added to NAC by Nev. Transportation Auth. by R060-13,

12-23-2013, eff. 1-1-2014)

Tariffs for Motor Carriers

      NAC 706.138  Definitions. (NRS 706.171, 706.321)  As used

in NAC 706.138 to 706.139,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 706.1381 and 706.1382

have the meanings ascribed to them in those sections.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1381  “Rate” defined. (NRS 706.171, 706.321)  “Rate”

means any charge or fare and any regulation which affects a rate.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1382  “Supplement” or “tariff” defined. (NRS 706.171, 706.321)  “Supplement”

or “tariff” means any regulation, classification, exception to a

classification, and class, commodity, special and hourly rate under which a

motor carrier operates.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1383  Scope. (NRS 706.171, 706.321)  The

provisions of NAC 706.138 to 706.139,

inclusive, govern the filing of an intrastate tariff or supplement,

classification or other reference tariff which contains the rates and

regulations governing the operation of motor carriers.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1384  Application to change tariff or for approval of revision or

modification to contract. (NRS 706.171, 706.321)

     1.  In addition to the requirements

established for pleadings, an application to change the tariff of any motor

carrier, issuing agency or agent, including, without limitation, new rates for

services authorized under a certificate, and new rules and regulations under a

carrier’s tariff, must include as exhibits attached thereto:

     (a) A statement in the form of a tariff showing in

full the rates or fares or the regulations proposed to be put into effect.

     (b) A statement in the form of a tariff showing the

rates or fares or the regulations which will be superseded by the proposed

tariff.

     (c) Any other information that the Authority or the

applicant considers to be necessary or appropriate for a complete understanding

of the application. Such information may include, without limitation:

          (1) A complete and accurate statement of the

circumstances and conditions relied on as justification for the proposed

change, including, without limitation, the following information:

               (I) The change in the total amount of intrastate

revenue in the State of Nevada that the proposed rates would have produced if

the rates had been in effect during the preceding year.

               (II) The applicant’s reasons that the

proposed rates would be reasonable.

          (2) An operating statement for the full 12-month

period immediately preceding the date of application, insofar as is

practicable.

          (3) A balance sheet for the entire operations

of the carrier as of a date specified by the Authority.

          (4) In any application for any item that has

not been included previously in the applicant’s tariff, cost data, including,

without limitation, a 12-month pro forma income statement, that is sufficient

to demonstrate that the proposed rate would be fully compensatory and would not

involve an excessive charge.

     2.  In addition to the requirements

established for pleadings, an application for the approval of any revision or

modification to a contract submitted by a contract motor carrier to the

Authority must include as exhibits attached thereto:

     (a) A copy of the proposed contract as revised or

modified;

     (b) A complete and accurate statement of the

circumstances and conditions relied on as justification for the proposed

change, including, without limitation:

          (1) The change in the total amount of

intrastate revenue in the State of Nevada that would have been produced if the

contract with the proposed revisions or modifications had been in effect during

the preceding year; and

          (2) The reasons of the applicant for the

revision or modification which demonstrate that the proposed contract as

revised or modified would be reasonable;

     (c) For any item not included previously in the

approved contract of the applicant, cost data, including, without limitation, a

12-month pro forma income statement which is sufficient to demonstrate that the

proposed contract as revised or modified would be fully compensatory and would

not involve an excessive charge; and

     (d) Any other information as the Authority or the

applicant considers to be necessary or appropriate for a complete understanding

of the application. Such information may include, without limitation:

          (1) An operating statement for the entire

12-month period immediately preceding the date of the application, insofar as

is practicable.

          (2) A balance sheet for the entire operation

of the carrier as of a date specified by the Authority.

     3.  Suggested language for the public notice

to be published in accordance with NAC 706.1355

may be submitted by the applicant.

     4.  The provisions of subsection 1 apply to

all applications for rate changes made by common and contract motor carriers

under the jurisdiction of the Authority.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002; A by Nev. Transportation Auth. by R113-10,

12-16-2010)

      NAC 706.1385  Form and format for tariffs and supplements. (NRS 706.171, 706.321)

     1.  Tariffs or supplements must be in

loose-leaf form on good quality paper which is 8 1/2 by 11 inches, typed or

reproduced by any clear, legible and durable process. If the tariff is also

filed with the Surface Transportation Board and the Surface Transportation

Board allows a size or format different from that specified by the Authority,

that different size will be accepted by the Authority.

     2.  The format must be as follows:

     (a) On each page, a 1-inch margin must be provided

on the left-hand or binding edge and a 1/2-inch margin provided on the

right-hand side. No printing or writing may appear in these margins.

     (b) Each page must be numbered in the upper

left-hand corner beginning with “Original Title Page, Original Page 1, Original

Page 2,” and so forth.

     (c) Each page (Form 24C*), except the title page,

must have:

          (1) In the upper right-hand corner, the number

of the Authority assigned to that tariff by the motor carrier, issuing agency

or agent.

          (2) In the center at the top, the name of the

carrier, issuing agency or agent and the name of the business, if any. The

name, description and number of the tariff must be placed below the names.

          (3) In the lower left-hand corner, between the

text on the page and the statement of the issuing officer, the word “Issued”

and on the same line in the lower right-hand corner, the word “Effective.”

          (4) On the bottom of the page, in the center,

below “Issued” and “Effective,” the words “Issued by” followed by the name of

the issuing officer, his or her address, city, state and zip code number.

     (d) The title page (Form 24A*) must have:

          (1) In the upper right-hand corner, the number

of the Authority assigned to that tariff by the motor carrier, issuing agency

or agent.

          (2) In the center of the page, the name of the

carrier, issuing agency or agent and the name of the business, if any. The

name, description and number of the tariff must be placed below the names.

          (3) In the lower left-hand corner, the word

“Issued” and, immediately below, the word “Effective.” The lower right-hand

corner must be left blank for use by the Authority.

          (4) On the bottom of the page, in the center,

on the same line as “Issued,” the words “Issued by,” followed by the name of

the issuing officer, his or her address, city, state and zip code number.

     (e) Each new (Form 24D*) or revised page filed must

have the date of issue by the name of the motor carrier inserted after the

title “Issued.” The space after “Effective” may be left blank on strictly intrastate

tariffs in the State of Nevada. Any desired effective date in such a case must

be included in the applicant’s transmittal letter. An effective date must be

inserted in the space after “Effective” in joint tariffs filed with the

Authority and the Surface Transportation Board.

     (f) If a new or revised page is filed cancelling a

page (Form 24B*), the new page must read:

 

1st revised page........................ (fill

in page number)

                               cancels

Original page............................ (fill

in page number)

 

A revised page only cancels one page and does not cancel any

other page.

     (g) Except as otherwise provided in NAC 706.3983, six copies of regulations or rates, or

both, must be filed with the Authority at least 30 days before becoming

effective.

     (h) Any changes on a page which has been filed must

be clearly marked with one of the following codes:

          (1) -Increase.

          (2) -Reduction.

          (3) -Change resulting in neither an increase

nor a reduction.

          (4) Any other pertinent symbol or

abbreviation.

Ê A separate

page may be used for these codes (Form 24C*) or, when symbols are used, a note

explaining them may be placed at the bottom of the page or within the block

containing the affected item.

     (i) Each new or revised page must have a correction

number assigned to it beginning with Correction No. 1 and continuing

numerically as new or revised pages are entered in that tariff filing, inserted

below the bottom line in the left-hand corner of the page (Form 24E*). Each

tariff filed must have a checking sheet for correction numbers (Form 24C*) on

page 1 and must be referred to as that tariff filing is revised. One correction

number must be assigned to each new or revised page, and no correction number

may be used for more than one page.

     (j) If any tariff is reissued that completely

cancels a current tariff (Form 24E*), the reissued tariff must bear the same

tariff number as the current tariff, suffixed by a letter, for example, Tariff

No. 1-A, and continuing through the alphabet as that tariff is reissued. The

reissued tariff will be assigned a new number that does not duplicate any other

number on any other tariff held by that motor carrier, issuing agency or agent

and must be displayed on the reissued tariff as follows:

 

T.S.A. No. 2

cancels

T.S.A. or P.S.C.N. No.

1

 

Tariff No. 1-A

cancels

Tariff No. 1

 

     3.  The provisions of this section, except

paragraphs (g) and (h) of subsection 2, do not apply to the National Motor

Freight Classification or the ATA Hazardous Materials Tariff.

     *See adopting agency for form.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1386  Transmittal letter. (NRS 706.171, 706.321)

     1.  Each tariff filing must be accompanied by

six copies of a transmittal letter and the appropriate filing fee. To

acknowledge receipt of the filing, a copy of the transmittal letter will be

dated and returned by the Authority to the applicant.

     2.  The transmittal letter must state the

effect, if any, the filing will have on the currently effective tariffs of the

motor carrier and include a reference to those tariffs affected.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1387  Table of contents, index and list of certificates required for

tariff. (NRS

706.171, 706.321)  Each

loose-leaf or bound tariff and any supplement to a bound tariff which exceeds

10 pages, except supplements to rate increases, must have:

     1.  A table of contents, listing in

alphabetical order all regulations and rate sections that are included in the

filing. The table must state the item number, a brief description of the item

and the page number where the item can be found.

     2.  If there is more than one carrier to a

tariff filing, an alphabetical index of the participating carriers, listing

each item number to which each listed carrier is a party.

     3.  A list of the certificates of public

convenience and necessity in this State that are held by each motor carrier

participating in the tariff filing. This list must contain a description of the

routes or territory that the motor carrier is authorized to serve under each

certificate and a list of the commodities that the motor carrier is authorized

to transport under each certificate.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002)

      NAC 706.1388  Tariff with change of condition. (NRS 706.171, 706.321)  The

filing of any tariff sheet which results in any change in any rate or charge or

in a more restrictive condition must be filed as part of the application

required pursuant to NAC 706.1384.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.1389  Posting of tariffs. (NRS 706.171, 706.346)

     1.  Each motor carrier shall post at each of

its stations and offices a complete copy of currently available tariff

schedules applicable to those stations and offices.

     2.  Each motor carrier shall maintain on file

at its principal place of business a complete copy of all of its currently

effective tariff schedules.

     3.  This rule does not require the motor

carrier to post tariff schedules at locations other than its own offices or

terminals.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98)

      NAC 706.139  Participation in rates by tariff bureau. (NRS 706.171, 706.321)  Nothing

in NAC 706.138 to 706.139,

inclusive, will be construed to preclude a motor carrier, issuing agency or

agent from filing a tariff pursuant to NRS 706.321, requesting the

approval of the Authority on 10 days’ notice of that carrier’s participation in

a tariff bureau’s rates which have previously been filed with and approved by

the Authority.

     (Added to NAC by Transportation Serv. Auth. by R071-98,

eff. 10-28-98; A by R040-02, 9-20-2002)

Regulation of Motor Carriers Generally

      NAC 706.140  Required compliance and instruction. (NRS 706.171)  Every

common or contract motor carrier shall comply with NAC

706.1321, 706.1323 and 706.147

to 706.269, inclusive, and shall instruct his or

her employees and agents concerned with the transportation of persons or

property by motor vehicle with respect thereto.

     [Pub. Service Comm’n, Gen. Order 5 Rule 405, eff. 12-1-62]—(NAC

A 9-11-87; 9-16-92; A by Dep’t of Motor Veh. by R062-06, 6-28-2006; A by Nev.

Transportation Auth. by R127-07, 9-18-2008; A by Dep’t of Motor Veh. by R158-09,

4-20-2010)

      NAC 706.147  Provider of free shuttle service: Consideration as common motor

carrier. (NRS

706.036, 706.171)

     1.  The Authority will consider a provider of

free shuttle service to passengers who may or may not have baggage to be a

common motor carrier unless all of the following conditions are met:

     (a) The provider’s business is not the

transportation of property or passengers and any transportation furnished is incidental

to its business.

     (b) The provider indicates in any advertisement

including information on free transportation that the transportation will only

be furnished to its customers. Such information must be incidental to an

advertisement of the business.

     (c) The provider ensures that transportation is

provided only to its customers.

     (d) Except as otherwise provided in this paragraph,

transportation is furnished only if the provider’s place of business is the

point of origin or the point of destination of each customer’s trip. If the

provider is a health insurer licensed to transact insurance in this State, the

provider may provide transportation, other than emergency transportation, to an

insured between a medical facility where medical services covered by the health

insurer have been or will be rendered and another medical facility or the

residence of the insured.

     (e) The driver is prohibited from soliciting

gratuities, either directly or indirectly, or from placing a container for

gratuities in the vehicle used to provide the free shuttle service. The driver

may accept unsolicited gratuities.

     (f) The driver is not compensated based upon the

number of persons transported in a given period.

     (g) The vehicle used to provide the free shuttle

service is owned by and registered to:

          (1) The provider, at the place of business of

the provider;

          (2) A subsidiary of the provider, at the place

of business of the subsidiary;

          (3) An affiliate that controls the provider,

at the place of business of the affiliate; or

          (4) A certificate holder, at the place of

business of the certificate holder.

     (h) The driver is employed by the person to whom

the vehicle used to provide the free shuttle service is registered, as set

forth in paragraph (g), or an affiliate of that person.

     (i) The vehicle used to provide the free shuttle

service is properly marked on each side of the vehicle with the name or logo of

the provider. Such markings must be at least 2 inches high and be visible from

a distance of at least 50 feet.

     2.  The Authority will not consider the

placement of the name of the business on the side of the vehicle used to

provide the free shuttle service as an advertisement for transportation.

     3.  As used in this section:

     (a) “Affiliate” has the meaning ascribed to it in NRS 692C.030.

     (b) “Subsidiary” has the meaning ascribed to it in NRS 692C.100.

     (Added to NAC by Pub. Service Comm’n, eff. 9-16-92; A

by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02,

9-20-2002)

      NAC 706.149  Equity capital: Minimum requirement; proof; failure to comply. (NRS 706.171)

     1.  After receiving a certificate or permit,

every fully regulated carrier shall maintain an investment of not less than 20

percent equity capital in his or her operations and include proof that the

fully regulated carrier meets this requirement in his or her annual report

filed with the Authority.

     2.  A fully regulated carrier who does not

meet the requirement of subsection 1 shall, within 3 months after receiving

notice from the Authority of that failure, file a plan proposing the specific

steps he or she will take to meet that requirement within the next 12 months.

     3.  Within 15 months after receiving notice

from the Authority that he or she does not maintain adequate equity capital, a

fully regulated carrier must have an investment of not less than 20 percent

equity capital in his or her operations.

     4.  The certificate or permit of a fully

regulated carrier who does not comply with this section may be revoked by the

Authority.

     [Pub. Service Comm’n, part Gen. Order 5, eff. 6-30-65]—(NAC

A 9-1-87; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R090-05,

12-29-2005)

      NAC 706.152  Determination of financial ability and investigation of

applicant; dismissal of incomplete application. (NRS 706.171)

     1.  The burden of proof lies with the

applicant for any fully regulated operating authority to satisfy the Authority

of its financial ability to perpetuate a continuous service, as applied for,

consistent with the public interest. The background of an applicant may be

considered by the Authority before granting any privilege. In determining an

applicant’s financial ability, the Authority may consider:

     (a) Equity capital sufficient to acquire the

necessary property and equipment, but not less than that required by NAC 706.149;

     (b) The reasonableness of rates to be charged;

     (c) The applicant’s current ratio of assets to

liability;

     (d) The financial condition of the principals if

the applicant is a partnership;

     (e) The requirements for capital for the first 12

months of operations;

     (f) The reasonableness of any estimates for the

operation; and

     (g) Any other evidence the Authority deems

relevant.

     2.  The Authority will make an investigation

before the issuance of a certificate or permit.

     3.  An application that does not comply with NAC 706.1375 may be dismissed by the Authority

without prejudice on the motion of a party to the proceeding. Such a motion

must be in writing and filed before the commencement of any hearing on the

application.

     [Pub. Service Comm’n, Gen. Order 5 Rule 216, eff. 12-1-62]—(NAC

A 9-1-87; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98,

1-28-99; R090-05, 12-29-2005)

      NAC 706.155  Notice of application for certificate or permit; hearing. (NRS 706.171)

     1.  If an application for a certificate or

permit is filed with the Authority, notice will be given to the public so that

any affected person will have an opportunity to state his or her position

before the issuance of the certificate or permit.

     2.  If the Authority:

     (a) Receives a valid petition for leave to

intervene; and

     (b) Grants leave to intervene pursuant to NAC 706.3968,

Ê a hearing

will be held unless all petitioners withdraw before the time set for hearing,

and the Authority has sufficient information on which to establish that the

applicant is financially fit and otherwise capable of providing safe

transportation.

     [Pub. Service Comm’n, Gen. Order 5, eff. 6-30-65]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)

      NAC 706.156  Registration cycle for permit for longer combination vehicle. (NRS 706.531)

     1.  Each permit for a longer combination

vehicle issued pursuant to NRS

706.531 will be assigned to a registration cycle for the period:

     (a) Beginning on January 1 and ending on December

31;

     (b) Beginning on April 1 and ending on March 31 of

the following year; or

     (c) Beginning on October 1 and ending on September

30 of the following year.

     2.  For the purposes of this section:

     (a) “Combination of vehicles” has the meaning

ascribed to it in NRS 484A.050.

     (b) “Divisible” means reducible or capable of being

separated into smaller loads or vehicle combinations without:

          (1) Compromising the intended use of the load

or vehicles;

          (2) Destroying the value of the load or

vehicles; or

          (3) Requiring more than 8 hours of work, using

appropriate equipment, to separate.

     (c) “Longer combination vehicle” means a

combination of vehicles which:

          (1) Complies with the provisions of NAC 484D.380, 484D.385 and 484D.390; and

          (2) Consists of:

               (I) A truck with one or two trailers or a

truck-tractor with two or three trailers;

               (II) A divisible load;

               (III) A combined length that exceeds 70

feet, unless otherwise exempted by NRS

484D.615;

               (IV) Weights per axle that comply with

legal limits; and

               (V) A gross weight that does not exceed

129,000 pounds.

     (d) “Truck” has the meaning ascribed to it in NRS 484A.305.

     (e) “Truck-tractor” has the meaning ascribed to it

in NRS 484A.310.

     (Added to NAC by Dep’t of Transportation by R037-11, 10-26-2011,

eff. 1-1-2012)

      NAC 706.158  No property right in grant of authority. (NRS 706.171)  No grant

of authority for either common or contract carriage granted after December 1,

1962, carries with it the implication or intent of investing the holder with

any property right.

     [Pub. Service Comm’n, Gen. Order 5 Rule 223, eff. 12-1-62]

      NAC 706.161  Limitations on shipments of express and light express. (NRS 706.171)

     1.  Shipments of express may not exceed 200

pounds per package, or an aggregate of 600 pounds per shipment from one

consignor to one consignee.

     2.  Shipments of light express may not exceed

100 pounds in weight, 50 cubic feet in bulk and 10 feet in length per package

and a weight in the aggregate of 400 pounds per shipment.

     3.  Express and light express do not include:

     (a) Goods which are inherently dangerous to

passengers or personal property being transported in the same vehicle;

     (b) Goods which require the use of special

equipment for handling;

     (c) Household goods;

     (d) Goods which would harm or contaminate other

shipments of equipment;

     (e) Class A or Class B explosives; or

     (f) Articles which require the use of an armored

vehicle or a guard.

     [Pub. Service Comm’n, Gen. Order 5 Rule 135, eff. 12-1-62]—(NAC

A 9-1-87)

      NAC 706.164  Commencement of operations. (NRS 706.171)

     1.  Unless otherwise authorized by the

Authority, each applicant for a certificate or a permit, or the transfer of a

certificate or permit, whose application has been granted must commence

operations within 30 days after the date on which the certificate or permit was

issued, or forfeits the rights granted.

     2.  No applicant may start operating until he

or she has complied with all requirements of the law and the regulations of the

Authority, unless otherwise ordered by the Authority.

     [Pub. Service Comm’n, Gen. Order 5 Rule 204, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.167  Use of trade or fictitious name. (NRS 706.171)  No

carrier may use any trade name or any fictitious name unless the name is

authorized for the carrier’s use by order of the Authority.

     [Pub. Service Comm’n, Gen. Order 5 Rule 134, eff. 12-1-62]—(NAC

A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.170  Identification on vehicles. (NRS 706.171, 706.281)

     1.  Except as otherwise provided in this

section, common or contract motor carriers operating in intrastate commerce,

when traversing the highways of this State, shall have the name of the carrier

operating the vehicle firmly attached to each side of the unit having motive

power in letters not less than 2 inches high in sharply contrasting colors

which are legible from a distance of at least 50 feet.

     2.  Private carriers operating in intrastate

commerce, when traversing the highways of this State, shall have the name of

the carrier operating the vehicle firmly attached to each side of the unit

having motive power in the manner, size and style prescribed in subsection 1,

except single-unit motor vehicles with an unladen weight of 10,000 pounds or less.

     3.  Except as otherwise provided in

subsections 4 and 5, every common or contract motor carrier operating under the

jurisdiction of the Authority shall, after March 1, 1999, have the symbols

“CPCN” and the number of his or her certificate, or the symbols “MV” and the

number of his or her permit if operating under a permit for a contract motor

carrier, painted or affixed upon each side of the unit having motive power, in

the manner, size and style prescribed in subsection 1.

     4.  If the carrier operating a limousine has

firmly affixed and exhibited on each side of the vehicle a symbol or printed

sign that has been approved by the Authority and is visible from a distance of

at least 50 feet, the name of the carrier is not required to be displayed as

prescribed in subsection 1. The number of the certificate of the carrier and

the symbols “CPCN” must be not less than 2 inches high and must be placed on

either the rear bumper or at the rear of the vehicle.

     5.  A lessee operating a unit having motive

power pursuant to a short-term or long-term lease shall have his or her name

and number painted or affixed on the vehicle.

     6.  Any removable sign or placard must be

made of a durable material such as wood, plastic or metal. Each device must

bear a serial number in the carrier’s own series, and the carrier shall keep a

proper record of each number.

     [Pub. Service Comm’n, Gen. Order 5 Rule 404, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99;

R040-02, 9-20-2002)

      NAC 706.175  Carriers required to obtain warehouse permits: Proof of

insurance. (NRS

706.171, 706.291, 712.050, 712.070)  A common

or contract motor carrier who is required to obtain a warehouse permit pursuant

to NRS 712.050 shall, at the

time of paying the annual fee, demonstrate proof of insurance as required by NRS 706.291.

     (Added to NAC by Pub. Service Comm’n, eff. 9-16-92)

      NAC 706.191  Insurance. (NRS 706.171, 706.291, 706.303)

     1.  All common and contract carriers shall

maintain a contract of insurance against liability for injury to persons and

damage to property in the following minimum amounts:

     (a) Carriers authorized to transport persons only

or persons and property:

 



 





Limit

for bodily injuries to or death of one person





Limit

for bodily injuries to or death of all persons injured or killed in any one

accident





Limit

for loss or damage in any one accident to property of others, excluding cargo







Horse-drawn vehicles and taxicabs





        $250,000





        $500,000





          $50,000







7 passengers or less, including the

driver, other than a taxicab





       1,500,000





       1,500,000





       1,500,000







8 to 15 passengers, inclusive,

including the driver





       1,500,000





       1,500,000





       1,500,000







16 passengers or more, including the

driver





       5,000,000





       5,000,000





       5,000,000







Freight only





          750,000





          750,000





          750,000







 

Any of these amounts may be a single combined limit.

 

     (b) Except as otherwise provided in subsection 3,

carriers authorized to transport the following commodities:

 



 





Limit

for bodily injuries to or death of one person





Limit

for bodily injuries to or death of all persons injured or killed in any one

accident, subject to a maximum of $300,000 for bodily injuries to or death of

each person





Limit

for loss or damage in any one accident to property of others, excluding cargo







Hazardous substances as defined in 49

C.F.R. § 171.8, as that section existed on April 1, 2000, liquefied

compressed gas or compressed gas in cargo tanks, portable tanks or hoppers

with capacities of more than 3,500 liquid gallons





        $300,000





     $2,500,000





     $5,000,000







Oil as listed in 49 C.F.R. § 172.101

and hazardous materials and substances as defined in 49 C.F.R. § 171.8 and

listed in 49 C.F.R. § 172.101, as those sections existed on April 1, 2000





          300,000





       2,500,000





       1,000,000







Class A or Class B explosives,

poisonous gas or radioactive materials as defined in 49 C.F.R. § 172.101





          300,000





       2,500,000





       5,000,000







 

     2.  Each common or contract motor carrier

shall maintain insurance in the following minimum amounts to compensate

shippers or consignees for loss of or damage to property belonging to shippers

or consignees and coming into the possession of a common or contract motor

carrier in connection with his or her services:

     (a) For loss of or damage to property carried on

any one motor vehicle, $15,000.

     (b) For loss of or damage to property occurring at

any one time and place, or an aggregate of such losses or damages to property,

$30,000.

     3.  If the minimum amount of insurance

required to be maintained pursuant to Title 49 of the Code of Federal

Regulations is increased above the amount listed in this section, the common or

contract carrier shall maintain insurance in an amount that is equal to or

greater than the federally required minimum amount.

     4.  A common or contract carrier shall file

with the Authority evidence of the necessary insurance for each vehicle to be

operated by the carrier as often as necessary to ensure that such evidence is

current.

     [Pub. Service Comm’n, Gen. Order 5 Rule 410, eff. 12-1-62]—(NAC

A 9-1-87; 11-22-89; A by Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.192  Programs of self-insurance. (NRS 706.171, 706.291)

     1.  A common or contract motor carrier may

apply to operate under a program of self-insurance in lieu of or in addition to

the insurance required by NAC 706.191.

     2.  The application must include, without

limitation, the following:

     (a) A certificate of self-insurance issued by the

Department pursuant to NRS 485.380.

     (b) A letter requesting approval of the program of

self-insurance and stating that the applicant understands the provisions of

this section.

     (c) A proposal setting forth the proposed surety and

an explanation of how it corresponds to the requirements of NAC 706.191.

     (d) A copy of the carrier’s application to the

Department for the certificate of self-insurance and a copy of all attachments

accompanying the application.

     (e) A letter from an adjusting company stating that

it has agreed to handle any claims against the carrier if the program of

self-insurance is approved by the Authority.

     (f) Any other information that the applicant

considers relevant to the application or the Authority may request.

     3.  A common or contract motor carrier may

apply for self-insurance at the time of an application for a certificate,

permit or license or at any time after the granting of a certificate, permit or

license. If a carrier applies after the initial issuance of a certificate,

permit or license, that carrier must maintain the insurance effective for that

certificate, permit or license until the program of self-insurance is approved.

     4.  A common or contract motor carrier may

combine a contract of insurance and another surety in proposing its guarantee.

The carrier must arrange for an adjusting company to handle any claims that may

arise under the surety.

     5.  Before the Authority grants approval of a

program of self-insurance, the common or contract motor carrier must satisfy

the Authority that the total surety proposed meets the minimum required

pursuant to NAC 706.191.

     6.  The common or contract motor carrier

shall, at all times, ensure that any change in its financial position or other

circumstances does not jeopardize the surety or the protection of the public.

     7.  Exemption from the coverage of the

insurance of materials and commodities having a low value may, upon specific

application by a carrier, be authorized by the Authority. An authorized carrier

may apply for this exemption whether it is self-insured or otherwise meets the

requirements of NAC 706.191.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)

      NAC 706.193  Evidence of insurance; change in information. (NRS 706.171, 706.291)

     1.  Before a certificate or permit will be issued,

the applicant shall:

     (a) File with the Authority evidence of the

necessary insurance for each vehicle to be operated by the applicant on the

form entitled “Bodily Injury and Property Damage (BI/PD) Form E,” and on the

form entitled “Cargo Form H” when applicable;

     (b) Satisfy the requirements of NAC 706.192 for self-insurance; or

     (c) File with the Authority a certificate of

self-insurance obtained from the Department pursuant to NRS 485.380.

     2.  The forms required pursuant to paragraph

(a) of subsection 1 are available from an insurance agent or from Uniform

Printing and Supply Incorporated, 132 Flatbush Avenue, Kingston, New York

12401, or Kohnke Printing Company, 375 Fremont Street, San Francisco,

California 94105.

     3.  After the Authority issues a certificate

pursuant to NRS 706.391 or a

permit pursuant to NRS 706.431,

the certificate holder or holder of the permit shall submit any change in the

information required pursuant to subsection 1 to the Authority within 30 days

after the change occurs.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 11-22-89;

A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)

      NAC 706.194  Interference with inspections. (NRS 706.171)  No

driver, agent or representative of a carrier may interfere with, refuse, deny

or hinder the Authority or its appointed representatives from making any

inspection, investigation or examination of any carrier’s vehicle, record or

documents.

     [Pub. Service Comm’n, Gen. Order 5 Rule 411, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.197  Statement required in bid to provide service as contract motor

carrier. (NRS

706.171)  Any

bid to provide service as a contract motor carrier must state that the person

submitting the bid is authorized by the Authority to provide that service or,

if he or she is not so authorized, that the submission of the bid is

conditioned upon the granting of that authorization by the Authority.

     [Pub. Service Comm’n, part Gen. Order 5, eff. 6-30-65]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.200  Submission of bills of charges; payment of accounts. (NRS 706.171)

     1.  Every fully regulated carrier shall

submit a bill of charges for his or her services to a customer within 30 days

after the rendition of services.

     2.  A fully regulated carrier shall require

all accounts to be paid in full within 45 days after the rendition of services

unless another period is approved by the Authority in the carrier’s tariff.

     3.  A fully regulated carrier shall not

submit more than one bill of charges to a customer for the same services

without making a reference to the first bill on any subsequent bill.

     [Pub. Service Comm’n, Gen. Order 5 Rule 202, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R090-05, 12-29-2005)

      NAC 706.203  Maintenance of records. (NRS 706.167, 706.171, 706.172, 706.173)

     1.  An authorized carrier operating motor

vehicles within this State shall maintain a centralized accounting system and

the records required by the Authority in a designated headquarters.

     2.  Except as otherwise provided in

subsection 3, all records required by the Authority to be maintained by an

authorized carrier must be maintained by the authorized carrier for at least 3

years.

     3.  Driver vehicle inspection reports and

records relating to such reports which are required to be maintained pursuant

to 49 C.F.R. §§ 396.11 and 396.13 must be maintained by the authorized carrier

for at least 3 months after the date the written report was prepared.

     4.  Not later than 30 days after the date on

which a periodic inspection is due pursuant to 49 C.F.R § 396.17, an authorized

carrier shall provide to the Authority a true and correct copy of the periodic

inspection report in the form required by 49 C.F.R. § 396.21(a).

     5.  All records required by the Authority to

be maintained by an authorized carrier are subject to inspection or audit by

the Authority or its designated agent at any time during regular business

hours.

     [Pub. Service Comm’n, Gen. Order 5 Rule 201, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002;

A by Nev. Transportation Auth. by R127-07, 9-18-2008; R113-10, 12-16-2010)

      NAC 706.206  Notification of corporate changes; approval of sale of corporate

control. (NRS

706.171, 706.6411)

     1.  All common and contract carriers

operating within this State under the jurisdiction of the Authority shall

notify the Authority of any changes in address, location of points where

equipment will be located, officers of the corporation, or an intended sale,

transfer, lease or discontinuance of operations under the authority granted

them in their certificate or permit.

     2.  Any carrier, before the purchase or sale

of the corporate control, must have the approval of the Authority.

     [Pub. Service Comm’n, Gen. Order 5 part Rule 206, eff.

12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002;

A by Nev. Transportation Auth. by R113-10, 12-16-2010)

      NAC 706.208  Lease of equipment by authorized carrier: Generally. (NRS 706.171)

     1.  Except as otherwise provided in

subsections 2 and 3, and NAC 706.210 and 706.211, an authorized carrier may lease equipment for

his or her own use, with or without a driver, on the basis of a long-term

lease. For such a lease:

     (a) An authorized carrier who is a fully regulated

carrier may lease equipment on a one-for-one basis to supplement the carrier’s

fleet up to the entire amount of similar equipment owned and currently operated

by the carrier under the operating authority of the carrier.

     (b) Including the vehicles leased by an authorized

carrier pursuant to this section, the total number of vehicles operated by the

carrier must not exceed, under any circumstances, the total number of vehicles

that the carrier is authorized to operate under the certificate or permit of

the carrier.

     (c) The authorized carrier may use his or her own

insurance or insurance of the lessor to meet the insurance requirements of NAC 706.191.

     (d) The authorized carrier must ensure that all

leased vehicles meet the vehicle safety requirements of NAC

706.379 and 49 C.F.R. Part 396.

     (e) The authorized carrier must have a copy of the

lease, proof of insurance and reports of vehicle safety on file at his or her

office upon commencement of the lease.

     2.  Except as otherwise provided in

subsection 3 and NAC 706.210 and 706.211, an authorized carrier who leases equipment

for his or her own use, with or without a driver, on the basis of a short-term

lease:

     (a) May use the authorized carrier’s own insurance

or insurance of the lessor to meet the insurance requirements of NAC 706.191;

     (b) Must ensure that all leased vehicles meet the

vehicle safety requirements of NAC 706.379 and 49

C.F.R. Part 396; and

     (c) Must have a copy of the lease, proof of

insurance and reports of vehicle safety on file at the authorized carrier’s

office upon commencement of the lease.

     3.  The Authority may approve the lease of

equipment that does not comply with subsection 1 or 2 if:

     (a) The authorized carrier files a petition for a

waiver of the requirement with which the lease does not comply; and

     (b) The Authority finds that approval of the lease

would be in the public interest.

Ê The Authority

will issue a public notice of the receipt of a petition for a waiver received

pursuant to this subsection.

     4.  Leased equipment may only be used in an

operation authorized by the lessee’s certificate or permit and must be

identified as operated by the lessee. A copy of the lease must be carried with

the equipment during the period of the lease.

     5.  Work may not be performed pursuant to an

expired lease.

     6.  An authorized carrier may lease restored

theme or antique vehicles if the Authority approves the lease before its

commencement. The Authority will approve the lease if:

     (a) The leased vehicle is used only for special

occasions; and

     (b) Arrangements to lease the vehicle are made at

least 7 days before the commencement of the lease.

     7.  Every lease of equipment by an authorized

carrier must be in writing, dated and signed by the parties thereto or an

authorized agent or employee of the parties.

     8.  The leased equipment must be under the

control and direction of the authorized carrier.

     9.  The leased equipment must be operated

within the scope of the operating authority of the authorized carrier and in

conformance with the tariff of the authorized carrier.

     10.  The driver of a leased vehicle must be

under the complete control and direction of the authorized carrier. The

authorized carrier must:

     (a) Ensure that all drivers meet and maintain the

driver qualifications required pursuant to NAC 706.247;

and

     (b) Be free to enforce rules regarding working and

driving.

     11.  The authorized carrier may not avoid

liability for any damages arising out of the negligent operation of the

equipment through the terms of the lease.

     12.  The terms of any lease of equipment

pursuant to this section must include, without limitation, a provision that the

equipment must be insured in accordance with the provisions of NAC 706.191. A lessee may use his or her insurance or

the lessor’s insurance to satisfy the requirements of NAC

706.191. A copy of the insurance used by a lessee to satisfy the requirements

of NAC 706.191 must be made available for review by

the Authority.

     13.  The compensation to be paid for any

leased equipment must be fixed at the inception of the lease and may include a

specific sum or formula for calculating the compensation for the duration of

the lease.

     14.  A vehicle leased pursuant to this

section must be identified in accordance with NAC

706.170 as operated by the lessee.

     15.  For the purposes of this section,

equipment leased by an authorized carrier pursuant to a bona fide capital

lease, as that term is defined by generally accepted accounting principles,

shall be deemed to be equipment that is owned by the authorized carrier. The

provisions of this section do not apply to such a lease.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 11-15-88;

9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002;

R090-05, 12-29-2005)

      NAC 706.209  Lease of replacement equipment by authorized carrier. (NRS 706.171)

     1.  When mechanical or body damage causes

equipment to be out of service for at least 3 days, a fully regulated carrier

may seek approval from the Chair or the Chair’s designee to lease replacement

equipment for each item of similar equipment that is out of service, unless

such a lease would result in the carrier’s active, in-service fleet under its

certificate or permit being comprised of more leased replacement items of

equipment than items of similar equipment owned by the carrier. Equipment that

is owned by the carrier and used in the services of intrastate transportation

in this State must be used to determine what constitutes similar equipment.

     2.  A fully regulated carrier shall not lease

any kind of replacement equipment to provide transportation if the carrier does

not currently own similar equipment.

     3.  The Chair or the Chair’s designee may

approve the lease of replacement equipment for a period up to 30 days if, at

the time of the lease, the fully regulated carrier provides, in writing, to the

Authority:

     (a) Identification, by make, model, license plate

and vehicle identification number, of the equipment placed out of service;

     (b) Identification of the mechanical or body damage

causing the equipment to be placed out of service;

     (c) The estimated time during which the equipment

will be out of service;

     (d) A copy of the lease for the replacement equipment;

and

     (e) A statement indicating the total number of:

          (1) Items of replacement equipment which the

carrier will be leasing if the lease is approved; and

          (2) Currently active, in-service items of

equipment owned by the carrier under its certificate which are similar to the

replacement equipment for which the carrier is seeking approval.

     4.  The Chair or the Chair’s designee may

approve an extension of a lease of replacement equipment for a period longer

than 30 days if, before the expiration of the lease which was approved pursuant

to subsection 3, the fully regulated carrier submits to the Authority a

detailed explanation of the delay in returning to service the equipment that

was taken out of service and the expected date for the return of such equipment

to service.

     5.  Notwithstanding any provision of NAC 706.210 or 706.211 to

the contrary, leases approved pursuant to this section will not be considered

leases for the purposes of NAC 706.210 and 706.211.

     [Pub. Service Comm’n, Gen. Order 5 Rule 213, eff. 12-1-62]—(NAC

A 9-1-87; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02,

9-20-2002; A by Nev. Transportation Auth. by R113-10, 12-16-2010)

      NAC 706.210  Lease of vehicle by common motor carrier for use as traditional

limousine or livery limousine. (NRS 706.171)

     1.  A common motor carrier authorized to

operate a traditional limousine or livery limousine shall not lease any vehicle

that it uses as a traditional limousine or livery limousine without the prior

approval of the Chair or his or her designee.

     2.  A carrier must submit a request for the

approval of such a lease to the Authority at least 10 working days before the

execution of the lease. The Chair or his or her designee shall approve or

disapprove the lease within 10 working days after receiving the request for the

approval of the lease. If the Chair or his or her designee does not approve or

disapprove the lease within 10 working days after receiving the request for

approval of the lease, the lease shall be deemed to be approved.

     3.  The Chair or his or her designee shall

approve such a lease if:

     (a) The vehicle will be leased for not more than 14

days;

     (b) The vehicle will be used only in an operation

authorized by the certificate of the carrier;

     (c) Including the vehicles to be leased by the

carrier under the lease:

          (1) Not more than one-half of the vehicles of

the carrier will be leased; and

          (2) The total number of vehicles operated by

the carrier does not exceed the number of vehicles the carrier is authorized to

operate pursuant to its operating authority;

     (d) The driver of the vehicle will be an employee

of the carrier who has no ownership interest in the vehicle; and

     (e) The carrier demonstrates to the satisfaction of

the Chair or his or her designee that the carrier temporarily needs to increase

the size of its fleet, including, without limitation, facts which indicate that

the carrier expects to experience:

          (1) An increase in customer demand; or

          (2) A decrease in the size of its permanent

fleet.

     4.  The Chair or his or her designee may

approve the lease of a vehicle that does not comply with paragraph (a) of

subsection 3 or subparagraph (1) of paragraph (c) of subsection 3 if:

     (a) The authorized carrier files a petition for a

waiver of the requirement with which the lease does not comply; and

     (b) The Chair or his or her designee finds that

approval of the lease would be in the public interest.

Ê The Authority

shall issue a public notice of the receipt of a petition for a waiver received

pursuant to this subsection.

     5.  If a lease is approved pursuant to this

section:

     (a) A copy of the lease must be submitted to the

Authority not later than the date on which the lease becomes effective; and

     (b) A copy of the lease and a copy of the approval

of the lease must be:

          (1) Carried in the vehicle during the period

of the lease; and

          (2) Maintained by the carrier for a minimum of

3 years.

     6.  A carrier may not lease vehicles for more

than 45 days in any calendar year.

     7.  The approval of a lease pursuant to this

section does not relieve the carrier of the obligation to comply with all other

laws that otherwise apply with respect to the operation of the traditional

limousine or livery limousine.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002; A by Nev. Transportation Auth. by R127-07, 9-18-2008)

      NAC 706.211  Lease of vehicle by common motor carrier authorized to provide

off-road scenic tours. (NRS 706.171)

     1.  A common motor carrier authorized to

provide off-road scenic tours shall not lease any vehicle without the prior

approval of the Chair or his or her designee.

     2.  A carrier must submit a request for the

approval of such a lease to the Authority at least 10 working days before the

execution of the lease. The Chair or his or her designee shall approve or

disapprove the lease within 10 working days after receiving the request for the

approval of the lease. If the Chair or his or her designee does not approve or

disapprove the lease within 10 working days after receiving the request for the

approval of the lease, the lease shall be deemed to be approved.

     3.  The Chair or his or her designee shall

approve such a lease if:

     (a) The vehicle will be leased for not more than 14

days;

     (b) The vehicle will be used only in an operation

authorized by the certificate of the carrier;

     (c) The driver of the vehicle will be an employee

of the carrier who has no ownership interest in the vehicle; and

     (d) The carrier demonstrates to the satisfaction of

the Chair or his or her designee that the carrier temporarily needs to increase

the size of its fleet, including, without limitation, facts which indicate that

the carrier expects to experience:

          (1) An increase in customer demand; or

          (2) A decrease in the size of its permanent

fleet.

     4.  If a lease is approved pursuant to this

section:

     (a) A copy of the lease must be submitted to the

Authority not later than the date on which the lease becomes effective; and

     (b) A copy of the lease and a copy of the approval

of the lease must be:

          (1) Carried in the vehicle during the period

of the lease; and

          (2) Maintained by the carrier for a minimum of

3 years.

     5.  A carrier may not lease vehicles for more

than 45 days in any calendar year.

     6.  The approval of a lease pursuant to this

section does not relieve the carrier of the obligation to comply with all other

laws that otherwise apply.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.212  Prohibited rentals, leases and sales. (NRS 706.171)

     1.  Fully regulated carriers authorized by

the Authority shall not rent or lease vehicles to a shipper or consignee, with

or without drivers.

     2.  An authorized carrier who is a fully

regulated carrier shall not lease or rent to any person the authority of the

carrier to engage in the intrastate transportation of property or passengers.

An authorized carrier is responsible for and shall monitor the daily operation

of the carrier.

     3.  An authorized carrier who is a fully

regulated carrier shall not authorize any person to sell the transportation

services of the carrier other than:

     (a) The carrier’s employees; or

     (b) A person who manages the business of the

carrier pursuant to an agreement entered into pursuant to NAC 706.250.

     [Pub. Service Comm’n, Gen. Order 5 Rule 214, eff. 12-1-62]—(NAC

A 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R090-05, 12-29-2005)

      NAC 706.213  Requirements for lease; term. (NRS 706.171)  A lease

must be in writing and signed by each party or his or her authorized agent or

employee. A lease for less than 30 days will be considered a short-term lease

and a lease for 30 days or more will be considered a long-term lease.

     (Added NAC by Pub. Service Comm’n, eff. 9-1-87)

      NAC 706.218  Annual reports by fully regulated carriers. (NRS 706.167, 706.171)

     1.  Every fully regulated carrier shall keep

an accurate record of the revenues from his or her operations in this State,

operating and other expenses and other required information and include such

information in his or her annual report covering the yearly period fixed by the

Authority, unless otherwise provided by law. The Authority will prescribe the

character of the information to be embodied in the annual report and furnish a

blank form for the report.

     2.  Every fully regulated carrier shall keep

and render to the Authority, in the manner, form and detail prescribed by the

Authority, uniform and detailed accounts of all business transacted.

     3.  The accounts of every fully regulated

carrier must be closed annually on the basis of either a calendar or fiscal

year, and the annual report must be filed not later than May 15 for reports

based on a calendar year or not later than 135 days after the end of the fiscal

year for reports based on a fiscal year.

     4.  The Authority will request information omitted

from reports or not provided for therein, if in its judgment additional

information is necessary.

     [Pub. Service Comm’n, Gen. Order 5 Rule 203, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002;

R090-05, 12-29-2005)

      NAC 706.228  Solicitation of passengers. (NRS 706.171)

     1.  A certificate holder who is a fully

regulated carrier or his or her employee shall not solicit passengers.

     2.  A certificate holder or his or her

employee may:

     (a) Answer questions posed by a potential passenger

if the conversation is initiated by the potential passenger;

     (b) Advertise on the side of a vehicle or on

permanently located signs;

     (c) Provide brochures in permanently mounted racks

or stands;

     (d) Establish booths in airports, hotels or other

locations;

     (e) Advertise in the media or through direct

mailing;

     (f) Conduct any other marketing activity which has

been determined not to be solicitation by the Authority; or

     (g) When engaged in the business of transferring

persons from an airport, greet potential passengers using one of the following

phrases:

          (1) “May I help you?”

          (2) “Good morning.”

          (3) “Good afternoon.”

          (4) “Good evening.”

     3.  While on duty at any passenger curb

loading zone, a certificate holder who is authorized to provide charter service

by limousine or special services, or an employee of the certificate holder,

shall hold up or display a sign which is visible to the public that:

     (a) Must be not more than 18 by 24 inches in size;

     (b) Contains the company name, the “CPCN” number

and the words “For Hire”; and

     (c) Contains the approved rates for the vehicle in

letters not less than 2 inches in height in sharply contrasting colors which

are legible from a distance of at least 50 feet,

Ê unless the

certificate holder or employee is waiting for a passenger who has arranged for

the transportation by reservation or is seeking a specific passenger who has

requested that the vehicle be dispatched to the location.

     4.  While on duty, a certificate holder who

is a fully regulated carrier or his or her employee shall not stand a vehicle

or park a vehicle within 50 feet of a designated taxicab stand unless:

     (a) The taxicab stand is located at an airport

owned by a governmental entity; or

     (b) The Chair or his or her designee has authorized

the certificate holder to stop or park the vehicle within 50 feet of the

designated taxicab stand.

     5.  While on duty, a certificate holder who

is a fully regulated carrier or his or her employee shall not stand within 50

feet of a designated taxicab stand unless:

     (a) The taxicab stand is located at an airport

owned by a governmental entity; or

     (b) The Chair or his or her designee has authorized

the certificate holder to stop or park within 50 feet of the designated taxicab

stand.

     6.  As used in this section:

     (a) “Passenger curb loading zone” has the meaning

ascribed to it in NRS 484B.033.

     (b) “Solicit” includes, without limitation,

inducing or attempting to induce persons by communication or other action to be

transported. The term includes, without limitation:

          (1) Except as otherwise provided in subsection

2, initiating conversation with potential passengers;

          (2) Shouting information;

          (3) Waving signs;

          (4) Waving arms or hands;

          (5) Flashing lights;

          (6) Ringing bells;

          (7) Blowing horns;

          (8) Blocking access to other motor carriers;

or

          (9) Except as otherwise provided in

subsections 2 and 3, any other activity designed to attract passengers,

Ê unless the

passenger has arranged for the transportation by reservation or the driver is

seeking a specific passenger who has requested that the driver’s vehicle be

dispatched to the location.

     (Added to NAC by Pub. Service Comm’n, eff. 9-16-92; A

by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02,

9-20-2002; R090-05, 12-29-2005; A by Nev. Transportation Auth. by R127-07, 9-18-2008;

R012-12, 6-29-2012)

      NAC 706.229  Requirements for employee who drives traditional limousine or

livery limousine; list of persons not qualified to drive traditional limousine

or livery limousine. (NRS 706.171, 706.173, 706.462)

     1.  In addition to the applicable

requirements set forth in 49 C.F.R. §§ 391.1, 391.2, 391.11(a), 391.11(b)(1) to

391.11(b)(4), inclusive, 391.11(b)(6), 391.11(b)(7), 391.11(b)(8), 391.13,

391.15, 392.2, 392.3, 392.4, 392.5 and 392.9 and 49 C.F.R. Parts 40, 382, 390,

393 and 397, a certificate holder shall not allow an employee to drive a

traditional limousine or livery limousine unless the employee:

     (a) Is at least 21 years of age and has a valid

Nevada driver’s license or is a border state employee, as that term is defined

in NRS 483.035;

     (b) Possesses a valid driver’s permit issued by the

Authority;

     (c) Provides to the certificate holder, on or

before the date on which the employee becomes employed by the certificate

holder as the driver of a traditional limousine or livery limousine:

          (1) A certificate from a licensed physician

which demonstrates that the employee is physically qualified to operate a

commercial motor vehicle in accordance with 49 C.F.R. § 391.43; and

          (2) A copy of the driving record of the

employee which is obtained from the Department and which demonstrates that the

employee has not, within the 3 years immediately preceding the date on which

the employee becomes so employed by the certificate holder:

               (I) Been convicted of driving under the

influence of an intoxicating liquor or a controlled substance;

               (II) Been convicted of reckless driving;

               (III) Been convicted of failing to stop

and remain at the scene of an accident; or

               (IV) Failed to keep a written promise to

appear in court for any offense; and

     (d) Within the 3 years immediately preceding the

date on which the employee submitted to the certificate holder an application

to be a driver of a traditional limousine or livery limousine:

          (1) Has not failed to appear for a hearing

before the Authority which resulted in the employee being found to have violated

a provision of this chapter or chapter 706

of NRS;

          (2) Has not been found by the Authority to

have violated the provisions of this chapter or chapter 706 of NRS more than five times;

and

          (3) Has not failed to pay on or before the due

date any fine assessed against the employee by the Authority.

     2.  Each employee shall update annually the

documents required pursuant to paragraph (c) of subsection 1.

     3.  A certificate holder shall retain a copy

of each document submitted by an employee pursuant to this section for at least

3 years after his or her employment has terminated.

     4.  The Authority will create and maintain a

list of persons who are not qualified to drive a traditional limousine or

livery limousine pursuant to paragraph (d) of subsection 1.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002; A by Nev. Transportation Auth. by R111-10, 12-16-2010; R012-12,

6-29-2012; R060-13, 12-23-2013, eff. 1-1-2014)

      NAC 706.230  Designation of registered agent. (NRS 706.171)  All

carriers shall file a designation of a registered agent residing within this

State.

     [Pub. Service Comm’n, Gen. Order 5 part Rule 206, eff.

12-1-62]—(NAC A by Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.232  Prohibited operations by contract motor carriers. (NRS 706.171, 706.371)  A

contract motor carrier shall not:

     1.  Operate between fixed terminals, provide

service over a regular route or operate over the same route or to the same

points so frequently as to constitute a regularly scheduled route or service,

unless approved by the Authority;

     2.  Operate in such a manner that would

interfere with the operation of a common motor carrier;

     3.  Conduct any operation as a common motor

carrier; or

     4.  Provide transportation pursuant to more

than six contracts.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 4-28-88;

A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002; A by

Nev. Transportation Auth. by R113-10, 12-16-2010)

      NAC 706.234  Leaving vehicle unattended in passenger curb loading zone:

Prohibition; exception. (NRS 706.171)

     1.  While on duty, a common motor carrier of

passengers or an employee of the carrier shall not leave his or her vehicle unattended

in any passenger curb loading zone, unless the carrier or employee is seeking a

specific passenger who has requested that a vehicle be dispatched to the

location.

     2.  As used in this section, the term

“passenger curb loading zone” has the meaning ascribed to it in NRS 484B.033.

     (Added to NAC by Nev. Transportation Auth. by R127-07,

eff. 9-18-2008)

      NAC 706.236  Sanitary terminals required. (NRS 706.171)  All

terminals for the loading and unloading of passengers must be maintained in a

safe, clean and sanitary condition at all times.

     [Pub. Service Comm’n, Gen. Order 5 Rule 210, eff. 12-1-62]—(NAC

A 9-1-87)

      NAC 706.239  Provision of special services. (NRS 706.171)

     1.  Special services may be provided only by

a common motor carrier authorized to provide such service, in connection with a

special event or for a specific purpose as approved by the Authority, for which

the carrier or a person on his or her behalf intends to provide transportation

on the basis of individual fares. The rate for special services may include

charges for items in addition to transportation, such as fees for admission,

but the portion attributable to transportation must be specifically designated

as such in the filed tariff.

     2.  A common motor carrier authorized to

provide special services shall file with the Authority a tariff showing the per

capita fares, minimum number of persons required for special services and the

particular geographical points of origin and destination.

     3.  A common motor carrier offering special

services shall not render the service unless a request for approval has been

filed with the Authority at least 10 working days before the services are to be

offered stating:

     (a) The point or points of origin;

     (b) The destination or destinations;

     (c) The special event or specific purpose for which

the service is to be provided; and

     (d) The dates when the service is proposed to be

rendered.

Ê The Chair or

his or her designee shall approve or disapprove the request for approval within

10 working days after receiving the request. If the Chair or his or her

designee does not approve or disapprove the request for approval within 10

working days after receiving it, the request shall be deemed to be approved.

One copy of the request for approval must be carried in the vehicle making the

trip, and one copy must be retained in the carrier’s files for at least 3

years.

     4.  A carrier may not operate over the same

route or to the same points so frequently as to constitute a regular or

scheduled service, unless otherwise specified by the Authority.

     5.  A common motor carrier authorized to

provide special services shall not charter equipment to provide those services.

The common motor carrier shall ensure that the use of his or her vehicles

complies with the provisions of this chapter.

     [Pub. Service Comm’n, Gen. Order 5 part Rules 117 &

212, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98,

10-28-98; R040-02, 9-20-2002; A by Nev. Transportation Auth. by R127-07, 9-18-2008)

      NAC 706.242  Agreements to interchange equipment. (NRS 706.171)

     1.  An agreement between authorized carriers

to interchange equipment must:

     (a) Be in writing;

     (b) Specifically describe the equipment involved;

     (c) Describe the actual points of interchange;

     (d) Identify the use to be made of the equipment by

the receiving carrier and the consideration to be received by the lending

carrier; and

     (e) Be signed by each party to the agreement or his

or her authorized representative.

     2.  The certificates held by the carriers

participating in an agreement to interchange must authorize the transportation

of the commodities proposed to be transported in the through movement and

service from and to the point where the physical interchange occurs.

     3.  Property being transported must move on a

through bill of lading issued by the originating carrier. Rates must be

assessed and charges collected in the same manner as if no interchange of

equipment had taken place. Charges against the lending carrier for the use of

the equipment must be kept separate and distinct from the amount of the revenue

each carrier realizes from the service performed.

     4.  Before taking possession of the

interchanged equipment, a carrier must inspect the equipment and ensure that it

is in compliance with the applicable regulations regarding safety.

     5.  An authorized carrier using a unit having

motive power pursuant to an agreement to interchange equipment must visibly

display his or her name and the number of his or her certificate or license on

the exterior of the vehicle. Before relinquishing control of the vehicle, the

authorized carrier shall remove any legend showing him or her as the operating

carrier.

     6.  A copy of the agreement or a statement

signed by the signatories to the agreement:

     (a) Certifying that the equipment is being operated

by the authorized carrier;

     (b) Properly identifying the equipment; and

     (c) Showing the actual point of interchange and the

date and time it was taken over by the carrier,

Ê must be

carried with the unit having motive power while it is in the possession of the

receiving carrier.

     7.  The authorized carrier shall keep a

record identifying the vehicle, its owner and the use to which it is put. Bills

of lading or other records adequately identifying the lading, including the

origin, destination and date of each shipment, must accompany the equipment

while it is being operated by the carrier. These records must be preserved by

the carrier for 3 years. This subsection applies to all interchanged vehicles.

     8.  Work may not be performed pursuant to an

expired agreement to interchange equipment.

     [Pub. Service Comm’n, Gen. Order 5 Rule 215, eff. 12-1-62]—(NAC

A by Dep’t of Motor Veh. & Pub. Safety and Pub. Service Comm’n, 8-26-86; A

by Pub. Service Comm’n, 9-1-87)

      NAC 706.243  Operator of interchanged equipment. (NRS 706.171)  Equipment

interchanged between common motor carriers will be deemed to be operated by the

receiving carrier at the common point of interchange.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87)

      NAC 706.245  Deviations from and restrictions on regular routes. (NRS 706.171)

     1.  A vehicle operated under a certificate

for the transportation of passengers or property over a regular route or

between fixed terminals may not be operated for hire over any route other than

that specifically authorized under the certificate. If any portion of a route

is temporarily closed for construction, repair or other reason, the vehicle may

operate over the most direct and practicable detour, and the operation must be

conducted pursuant to the same regulations as the original route. If the detour

or deviation extends or is expected to extend for more than 10 days, the

carrier shall notify the Authority either in writing or by telegram indicating

the probable duration and the cause of the detour.

     2.  Unless otherwise provided in a

certificate, authority for a regular route includes service to points or

territory 1 mile on either side of the highway designated in the certificate or

permit, but will not be construed to mean 1 mile beyond the designated

terminals. If the term “city” or “town” is used in a certificate or permit, it

means the boundaries of the city or town.

     3.  Transportation over a regular route must

be offered:

     (a) To the general public;

     (b) For a per capita fare only;

     (c) According to a published schedule; and

     (d) Only by a common motor carrier authorized to

provide that service.

     [Pub. Service Comm’n, Gen. Order 5 Rule 130, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.247  Adoption and enforcement of federal regulations for motor carrier

safety. (NRS

706.166, 706.171, 706.173, 706.178)

     1.  The Department of Motor Vehicles, the

Department of Public Safety and the Authority hereby adopt by reference the

regulations contained in 49 C.F.R. Parts 40, 382, 383, 385, 387, 390 to 393,

inclusive, 395, 396 and 397, and Appendices B and G of 49 C.F.R. Chapter III,

Subchapter B, as those regulations existed on May 30, 2012, with the following

exceptions:

     (a) References to the Department of Transportation

and the Federal Motor Carrier Safety Administration are amended to refer to the

Department of Motor Vehicles, the Department of Public Safety and the

Authority.

     (b) References to the Administrator of the Federal

Motor Carrier Safety Administration and to the Director are amended to refer to

the Director of the Department of Motor Vehicles, the Director of the

Department of Public Safety and the Chair.

     (c) Section 391.11(b)(l) applies only to drivers of

commercial motor vehicles who:

          (1) Operate in interstate transportation;

          (2) Transport passengers intrastate; or

          (3) Transport hazardous material of a type or

quantity that requires the vehicle to be marked or placarded in accordance with

49 C.F.R. §§ 172.300 and 172.500.

     (d) Section 392.5(a)(3) will not apply to motor

carriers authorized to provide intrastate charter service by limousine or to

the drivers of those motor carriers.

     (e) References to special agents in Appendix B of

49 C.F.R. Chapter III, Subchapter B, are amended to include personnel of the

Department of Motor Vehicles, the Department of Public Safety and the

Authority.

     (f) The definition of “motor carrier” in 49 C.F.R.

§§ 390.5 and 397.65 is amended to read:

 

     “Motor carrier” includes, without

limitation, interstate and intrastate common, contract and private carriers of

property and passengers, including, without limitation, their agents, officers

and representatives.

 

     (g) The definition of “commercial motor vehicle” in

49 C.F.R. §§ 382.107, 385.3 and 390.5 is amended to read:

 

     “Commercial motor vehicle” means

any self-propelled or towed vehicle used on public highways in:

     1.  Interstate

commerce to transport passengers or property if the vehicle:

     (a) Is designed to transport

more than eight passengers, including, without limitation, the driver;

     (b) Is used in the

transportation of hazardous materials in a quantity requiring placarding under

regulations issued by the Secretary pursuant to 49 U.S.C. §§ 103, 104 and 106;

or

     (c) Has a gross vehicle

weight rating, gross combination weight rating or gross vehicle weight of

10,001 or more pounds, whichever is greater.

     2.  Intrastate

commerce to transport passengers or property if the vehicle:

     (a) Is one described in

paragraph (a) or (b) of subsection 1;

     (b) Has a gross vehicle

weight rating, gross combination weight rating or gross vehicle weight of

26,001 or more pounds, whichever is greater; or

     (c) Is owned or operated by

a motor carrier subject to the jurisdiction of the Nevada Transportation

Authority, except that any vehicle so owned or operated is subject only to the

provisions of 49 C.F.R. §§ 392.2, 392.4, 392.5 and 392.9 and 49 C.F.R. Parts

40, 382, 383, 385, 390, 391, 393, 395, 396 and 397 if the vehicle is not one

described in paragraph (a) or (b).

 

     2.  To enforce these regulations, enforcement

officers of the Department of Motor Vehicles and the Department of Public

Safety and compliance enforcement officers of the Authority may, during regular

business hours, enter the property of a carrier to inspect its records,

facilities and vehicles, including, without limitation, space for cargo and

warehouses.

     3.  Each compliance enforcement officer

employed by the Nevada Transportation Authority pursuant to NRS 706.176 shall complete training

regarding the federal regulations adopted by reference in subsection 1 which

relate to common, contract and private motor carriers of passengers and

property, including, without limitation, training in commercial vehicle safety

inspections provided by the Nevada Highway Patrol.

     4.  The volume containing 49 C.F.R. Parts 325

to 399, inclusive, is available from the Superintendent of Documents, U.S.

Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or

by toll-free telephone at (866) 512-1800, at the price of $37. The volume

containing 49 C.F.R. Part 40 is available from the Superintendent of Documents,

U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri

63197-9000, or by toll-free telephone at (866) 512-1800, at the price of $66.

The volumes are also available free of charge at the Internet address http://www.gpo.gov/fdsys.

     [Dep’t of Motor Veh., Motor Carrier Reg. § 2, eff. 2-4-82]—(NAC

A by Dep’t of Motor Veh. & Pub. Safety and Pub. Service Comm’n, 8-26-86; 12-4-89;

5-15-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99;

A by Dep’t of Motor Veh. & Pub. Safety by R205-99, 2-1-2000; A by

Transportation Serv. Auth. by R040-02, 9-20-2002; A by Dep’t of Pub. Safety by

R167-03, 12-16-2003; R204-05, 2-23-2006; A by Nev. Transportation Auth. by R127-07,

9-18-2008; A by Dep’t of Pub. Safety by R056-09, 1-28-2010; A by Nev.

Transportation Auth. by R111-10, 12-16-2010; A by Dep’t of Pub. Safety by R003-12,

5-30-2012)

      NAC 706.248  Adoption of and compliance with federal regulations for

transportation of passengers with disabilities. (NRS 706.171, 706.361)

     1.  The Authority hereby adopts by reference

the regulations contained in 49 C.F.R. Parts 27, 37 and 38, as those

regulations existed on January 2, 2002.

     2.  A common or contract motor carrier of

passengers shall comply with the regulations set forth in 49 C.F.R. Parts 27,

37 and 38 if any provision of the regulations applies to the operation of the

motor carrier in this State.

     3.  The volume containing 49 C.F.R. Parts 27,

37 and 38 is available from the Superintendent of Documents, U.S. Government

Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by

toll-free telephone at (866) 512-1800, at the price of $55.

     (Added to NAC by Pub. Service Comm’n, eff. 12-17-93; A

by Transportation Serv. Auth. by R071-98, 10-28-98; A by Dept’ of Motor Veh.

& Pub. Safety by R205-99, 2-1-2000; A by Transportation Serv. Auth. by R040-02,

9-20-2002)

      NAC 706.250  Agreement to manage business of authorized carrier. (NRS 706.171)

     1.  An authorized carrier may, with the prior

approval of the Authority, enter into an agreement with a person who is not his

or her employee to manage his or her business. The agreement may be for a

period of not more than 1 year, but may be renewed.

     2.  An agreement to manage a carrier’s

business must:

     (a) Be filed with the Authority;

     (b) Specify the compensation paid to the manager;

     (c) Specify the term of the agreement;

     (d) Specify the scope of the authority that the

person will have to manage the business of the carrier; and

     (e) Specify any other information required by the

Authority.

     3.  The compensation paid to the manager may

include a limited bonus in the form of cash or stock, or both, to be paid upon

the occurrence of a specified condition.

     4.  Any agreement which:

     (a) Includes a bonus to the manager of more than 10

percent of the carrier’s stock; or

     (b) Grants to the manager total control of the

overall operations of the carrier,

Ê will be

considered an attempted transfer of a certificate, permit or license and will

not be approved.

     5.  A background investigation of the manager

selected by the carrier may be conducted by the Authority as part of its

process in determining whether to grant approval.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)

      NAC 706.254  Adoption of federal regulation for emergency use of motor

carriers for defense. (NRS 706.171)  The

Authority hereby adopts by reference Department of Defense Directive 3005.7,

“Emergency Requirements, Allocations, Priorities and Permits for Department of

Defense Use of Domestic Civil Transportation.” Department of Defense Directive

3005.7 is available from National Technical Information Service, 5285 Port

Royal Road, Springfield, Virginia 22161, at the price of $15.

     [Pub. Service Comm’n, Gen. Order 6, eff. 2-8-63]—(NAC A

9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)

      NAC 706.257  Agreements between carriers: Filing. (NRS 706.166, 706.171)

     1.  A complete copy of any agreement between

or among two or more common carriers relating to rates, fares, classifications,

divisions, allowances or charges, including, without limitation, charges

between carriers and compensation paid or received for the use of facilities

and equipment, or regulations pertaining thereto, including, without

limitation, procedures for the joint consideration, initiation or establishment

thereof, must be filed with the Authority and must comply with the requirements

relating to such agreements set forth in NAC 706.257

to 706.269, inclusive.

     2.  Failure to comply with the requirements

will result in the rejection of the agreement without prejudice. The agreement

must then be refiled when compliance with the requirements has been met.

     [Pub. Service Comm’n, Gen. Order 22 § 1, eff. 4-21-77]—(NAC

A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.260  Agreements between carriers: Independence of parties. (NRS 706.166, 706.171)  The

Authority will not accept for filing any agreement which establishes a procedure

for the determination of any matter through joint consideration unless it finds

that pursuant to the agreement there is accorded to each party the free and

unrestrained right to take independent action either before, during or after

any determination arrived at through that procedure.

     [Pub. Service Comm’n, Gen. Order 22 § 3, eff. 4-21-77]—(NAC

A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.263  Agreements between carriers: Terms. (NRS 706.166, 706.171)  Each

agreement filed with the Authority must provide:

     1.  A list of all carriers initially

anticipated to participate in the agreement.

     2.  The name and address of the agency,

tariff bureau, rate conference or association that will implement the proposals

approved pursuant to the agreement, administer the docketing and notification

procedures and publish, file and distribute the tariffs issued pursuant to the

agreement.

     3.  That only carriers executing the

agreement may participate in an intrastate multicarrier common motor carrier

tariff issued by the administering agency.

     4.  That each participating common carrier

will have full and equal privileges pursuant to the agreement, including,

without limitation, notice of all docket bulletins relating to rate proposals,

meetings and dispositions.

     5.  That each multiple common carrier tariff

will be governed by a rate committee consisting of one representative from each

participating carrier in the tariff.

     6.  That each common carrier will have one

vote in making determinations pursuant to the agreement.

     7.  That a simple majority, more than 50

percent, of the participating carriers will be required to approve any proposal

considered pursuant to the agreement.

     8.  That only participating common carriers

in the affected tariff may vote and that noncarriers and personnel of the

administering agency may not vote.

     9.  A designation of those eligible to

participate in the agreement.

     10.  Specific procedures for processing

proposals relating to fares, rates, classifications, divisions, allowances and

charges, including, without limitation, charges between common carriers and

compensation paid or received for the use of facilities and equipment. These

procedures must prescribe the method of submitting proposals, provide for

notifying all tariff participants of proposals received and of their ultimate

disposition, allow a reasonable time for response to the proposals and provide

for processing proposals and responses by bulletin through the United States

mail where warranted and by meeting, upon request of participating common

carriers.

     11.  A procedure for handling instructions

for independent action received from a participating common carrier.

     12.  A description of any matters which do

not require processing through bulletins or meetings of common carrier

participants.

     13.  A procedure for the withdrawal from the

agreement by any common carrier desiring to do so, for the cancellation of a

common carrier’s processing and implementing proposals pursuant to the

agreement and for the continuation of its participation in the affected tariff.

     14.  That the agreement may be amended

subject to approval by a majority vote of the participating common carriers,

but that amendments will not become effective until filed with and approved by

the Authority.

     15.  That each party to the agreement with

the tariff bureau and all other carriers to the agreement shall comply fully

with the terms and conditions of the agreement.

     [Pub. Service Comm’n, Gen. Order 22 § 4, eff. 4-21-77]—(NAC

A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.269  Agreements between carriers: Retention of records. (NRS 706.166, 706.171)  Each

conference, bureau, committee or other organization established or continued

pursuant to any agreement filed with the Authority pursuant to NAC 706.257 to 706.269,

inclusive, shall, for a period of not less than 3 years, maintain records,

files and memoranda pertaining to all proposals considered by it.

     [Pub. Service Comm’n, Gen. Order 22 § 2, eff. 4-21-77]—(NAC

A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.272  Subsequent contracts of contract motor carriers. (NRS 706.171, 706.431)

     1.  A subsequent contract will be approved

for an applicant with an existing permit to act as a contract motor carrier

without notice and hearing under the following conditions:

     (a) If the approval is granted, the applicant will

have no more than the number of contracts authorized pursuant to NAC 706.232 or 706.274.

     (b) Each contract to be approved must take the

place of an existing previously approved contract.

     (c) Each contract to be approved must state the

duration of the contract and must be for not less than 3 months.

     (d) Each contract to be approved must be identical

to the previously approved contract in the following ways:

          (1) The type of service to be provided;

          (2) The geographical description of the

service territory;

          (3) The rates, fares or charges; and

          (4) The type of equipment and the method by

which the equipment will be dedicated to the contract.

     (e) The contract must provide that the service will

be rendered directly by the carrier to the shipper.

     (f) The shipper is not a broker of transportation

services.

     2.  For contracts approved pursuant to

subsection 1:

     (a) The name of the shipper for whom the services

are being performed must be displayed on the unit having motor power. The name

of the shipper must be in letters not less than 2 inches in height and readable

from a distance of at least 50 feet. A removable sign or placard may be used if

made of durable material such as wood, plastic or metal. The carrier displaying

the name of the shipper must also display the name of the operator as required

by NAC 706.170.

     (b) The rights, duties and obligations of the

shipper must not be assigned to any other shipper without the approval of the

Authority pursuant to subsection 1. An assignment made or an assignment

attempted without the approval of the Authority will be treated as a new

contract requiring a permit.

     (Added to NAC by Pub. Service Comm’n, eff. 4-28-88; A

by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.274  Limitation on number of contracts and shippers under contract. (NRS 706.171, 706.371)  A

carrier who obtains a contract permit:

     1.  May have a contract containing not more

than six shippers or not more than six contracts, but neither the total number

of contracts nor the total number of shippers may exceed six; and

     2.  Must present sufficient evidence to the

Authority that either the number of contracts held by the contract carrier does

not exceed the number of vehicles owned by the contract carrier and that at

least one vehicle is dedicated to each individual shipper or, when the number

of vehicles owned by the carrier is less than the number of shippers in a

single contract, the contract carrier must explain in the contract how the

exclusive use will be provided to the shipper for a continuing period.

     (Added to NAC by Pub. Service Comm’n, eff. 4-28-88; A

by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002; A by

Nev. Transportation Auth. by R113-10, 12-16-2010)

      NAC 706.276  Required contents and duration of contracts with shippers. (NRS 706.171)

     1.  Each contract between a contract motor

carrier and a shipper for the transportation of goods must be in writing. The

written contract must contain:

     (a) The name and address of the carrier and

shipper;

     (b) The date of issuance of the contract;

     (c) The effective date of the contract;

     (d) The type of service to be provided;

     (e) A geographical description of the area to be

served;

     (f) The rates, fares or charges;

     (g) The type of equipment to be used and the method

by which the equipment will be dedicated for the purposes of the contract; and

     (h) The duration of the contract.

     2.  A contract between a contract motor

carrier and a shipper for the transportation of goods may not be for less than

3 months.

     (Added to NAC by Pub. Service Comm’n, eff. 4-28-88)

      NAC 706.278  Adoption of and compliance with federal regulations against

discrimination on basis of disability. (NRS 706.171, 706.361)

     1.  The Authority hereby adopts by reference

the regulations contained in 49 C.F.R. Part 27, Subparts A and C, as those

regulations existed on January 2, 2002.

     2.  A common motor carrier that receives

money from the Urban Mass Transportation Administration shall comply with the

regulations set forth in 49 C.F.R. Part 27, Subparts A and C, if any provision

of the regulations applies to the operation of the motor carrier in Nevada.

     3.  The volume containing 49 C.F.R. Part 27,

Subparts A and C, is available from the Superintendent of Documents, U.S.

Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or

by toll-free telephone at (866) 512-1800, at the price of $55.

     (Added to NAC by Pub. Service Comm’n, eff. 10-9-90; A

by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02,

9-20-2002)

      NAC 706.279  List of supervisory employees of carrier. (NRS 706.171)  A

certificated carrier shall maintain a current list of supervisory or

responsible persons employed by the carrier. The carrier shall provide a copy

of the list of supervisory or responsible persons to the Authority and shall

update that copy as necessary. The persons on the list must be authorized to

act on behalf of the carrier in dealing with the Authority.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.280  List of brokers used by carrier. (NRS 706.171)  A

certificated carrier shall maintain a list of all brokers that the carrier

uses. Such a list must be available for review by the staff of the Authority

during normal business hours.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.281  Notice of certain contact information: Common motor carrier

authorized to provide charter service by limousine. (NRS 706.171)  A common

motor carrier authorized to provide charter service by limousine shall include

on any bill or receipt provided to a customer the following information or

shall display in a conspicuous place inside each limousine which the carrier is

authorized to operate a placard at least 5 inches by 7 inches in size which

contains the following information:

 

IMPORTANT

 

You

have chartered a (name of limousine company) limousine. If you have any

questions concerning the services provided or wish to file a commendation or

complaint, you may contact the Nevada Transportation Authority at (702)

486-3303 or through its website at http://www.nta.nv.gov.

 

     (Added to NAC by Transportation Serv. Auth. by R141-05,

eff. 5-4-2006)

      NAC 706.282  Notice of certain contact information: Operator of tow car and

common carrier of household goods. (NRS 706.171)

     1.  An operator of a tow car and a common

carrier of household goods shall include on any bill or receipt provided to a

customer the following information:

 

IMPORTANT

 

You

have secured the services of (name of operator of tow car or common carrier of

household goods). If you have any questions concerning the services provided or

wish to file a commendation or complaint, you may contact the Nevada

Transportation Authority at (702) 486-3303 or through its website at

http://www.nta.nv.gov.

 

     2.  As used in this section:

     (a) “Common carrier of household goods” means a

common carrier of household goods who is required to obtain a certificate of

public convenience and necessity from and whose rates, routes and services are

subject to regulation by the Authority.

     (b) “Operator of a tow car” means an operator of a

tow car that holds a certificate of public convenience and necessity issued by

the Authority.

     (Added to NAC by Transportation Serv. Auth. by R141-05,

eff. 5-4-2006)

      NAC 706.283  Notice of certain contact information: Fully regulated carrier. (NRS 706.171)  A fully

regulated carrier, other than a motor carrier authorized to provide charter

service by limousine, a motor carrier authorized to provide scenic tours, a

motor carrier authorized to operate a taxicab or a carrier of household goods,

shall include on any bill or receipt provided to a customer the following

information:

 

IMPORTANT

 

You

are riding in a (name of carrier) vehicle. Please note the company name and

unit number of this vehicle. This information is important if you leave

property in this vehicle or wish to file a commendation or complaint with the

Nevada Transportation Authority at (702) 486-3303 or through its website at

http://www.nta.nv.gov.

 

     (Added to NAC by Transportation Serv. Auth. by R141-05,

eff. 5-4-2006)

Regulation of Common or Contract Motor Carriers of

Property, Other Than Fully Regulated Carriers, and Private Motor Carriers

      NAC 706.285  “Private motor carrier” defined. (NRS 706.171)  As used

in NAC 706.285 to 706.297,

inclusive, unless the context otherwise requires, “private motor carrier” means

a private motor carrier of property used for private commercial enterprises on

any highway in this State who operates a motor vehicle or a combination of

vehicles with a gross vehicle weight rating in excess of 10,000 pounds.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-29-95; A by Dep’t of Motor Veh. by R062-06, 6-28-2006)

      NAC 706.287  Written approval: “Common carrier of property” interpreted. (NRS 706.171, 706.437)  As used

in NRS 706.437, the Director of

the Department will interpret the term “common carrier of property” to mean any

person or operator, including a motor convoy carrier, who operates a motor

vehicle or a combination of vehicles with a gross vehicle weight rating in

excess of 26,000 pounds and who holds himself or herself out to the public as

willing to transport by motor vehicle from place to place, either upon a fixed

route or on-call operations, the property of all who may choose to employ the

person or operator.

     (Added to NAC by Dep’t of Motor Veh. by R062-06, eff. 6-28-2006)

      NAC 706.288  Insurance. (NRS 706.171, 706.291)  Each

common or contract motor carrier of property, other than a fully regulated

carrier, and each private motor carrier shall maintain a contract of insurance

against liability for injury to persons and damage to property in the following

minimum amounts:

     1.  If the carrier is authorized to transport

only freight:

 



 





Limit

for bodily injuries to or death of one person





Limit

for bodily injuries to or death of all persons injured or killed in any one

accident





Limit

for loss or damage in any one accident to property of others, excluding

cargo







A motor vehicle or a combination of

vehicles with a gross vehicle weight rating of 10,001 to 26,000 pounds





$300,000





$300,000





$300,000







A motor vehicle or a combination of

vehicles with a gross vehicle weight rating of 26,001 to 80,000 pounds





750,000





750,000





750,000







 

Ê Any of these

amounts may be a single combined limit.

     2.  If the carrier is authorized to transport

hazardous commodities, the carrier must maintain the limits as specified in 49

C.F.R. § 387.303.

     3.  Except as otherwise provided in

subsection 4, each common or contract motor carrier of property, other than a fully

regulated carrier, shall maintain insurance in the following minimum amounts to

compensate shippers or consignees for loss of or damage to property belonging

to shippers or consignees which comes into the possession of a common or

contract motor carrier or a private motor carrier in connection with his or her

services:

     (a) For loss of or damage to property carried on

any one motor vehicle, $15,000.

     (b) For loss of or damage to property occurring at

any one time and place, or an aggregate of such losses or damages to property,

$30,000.

     4.  If the minimum amount of insurance

required to be maintained pursuant to Title 49 of the Code of Federal

Regulations is increased above the amount listed in this section, the common or

contract motor carrier of property or the private motor carrier shall, at all

times, maintain insurance in an amount that is equal to or greater than the

federally required minimum amount.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-29-95; A by Dep’t of Motor Veh. by R062-06, 6-28-2006)

      NAC 706.294  Evidence of insurance. (NRS 706.171, 706.291)

     1.  Before the Department issues written

approval to a common or contract motor carrier of property, other than a fully

regulated carrier, the carrier must:

     (a) File with the Department evidence of the

necessary insurance for each vehicle which will be operated by the carrier on

the form entitled “Bodily Injury and Property Damage (BI/PD) Form E” and on the

form entitled “Cargo Form H”; or

     (b) File with the Department a certificate of

self-insurance obtained from the Department pursuant to NRS 485.380.

     2.  The forms required pursuant to paragraph

(a) of subsection 1 are available from an insurance agent or from Uniform

Printing and Supply Incorporated, 132 Flatbush Avenue, Kingston, New York

12401, or Kohnke Printing Company, 375 Fremont Street, San Francisco,

California 94105.

     3.  If a “Notice of Cancellation Form K” is

filed with the Department, the Department will cancel the carrier’s written

approval to operate, unless evidence of the necessary insurance is filed with

the Department before the date of cancellation.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-29-95; A by R205-99, 2-1-2000; A by Dep’t of Motor Veh. by R062-06, 6-28-2006)

      NAC 706.297  Adoption and enforcement of federal regulations for motor carrier

safety. (NRS

706.171, 706.173)

     1.  The Department of Motor Vehicles and the

Department of Public Safety hereby adopt by reference the regulations contained

in 49 C.F.R. Parts 382, 383, 387, 390 to 397, inclusive, and Appendix G of 49

C.F.R. Chapter III, Subchapter B, as those regulations existed on May 30, 2012,

with the following exceptions:

     (a) References to the Department of Transportation,

the Federal Highway Administration and the Federal Motor Carrier Safety

Administration are amended to refer to the Department of Motor Vehicles and the

Department of Public Safety.

     (b) References to the Federal Highway Administrator

and to the Director are amended to refer to the Director of the Department of

Motor Vehicles and the Department of Public Safety.

     (c) Section 391.11(b)(1) applies only to drivers

operating in interstate transportation and drivers transporting hazardous

material of a type or quantity that requires the vehicle to be marked or

placarded pursuant to 49 C.F.R. § 177.823.

     (d) The definition of “motor carrier” in 49 C.F.R.

§ 390.5 is amended to read:

 

     “Motor carrier” includes

interstate and intrastate common and contract motor carriers of property, other

than fully regulated carriers, and private motor carriers, including their

agents, officers and representatives.

 

     (e) The definition of “commercial motor vehicle” in

49 C.F.R. § 390.5 is amended to read:

 

     “Commercial motor vehicle” means

any self-propelled or towed vehicle used on public highways in:

     1.  Interstate

commerce to transport property, other than household goods, if the vehicle:

     (a) Is used in the

transportation of hazardous materials in a quantity requiring placarding under

regulations issued by the Secretary pursuant to 49 U.S.C. §§ 103, 104 and 106;

or

     (b) Has a gross vehicle

weight rating or gross combination weight rating of 10,001 or more pounds.

     2.  Intrastate

commerce to transport property, other than household goods, if the vehicle:

     (a) Is one described in

paragraph (a) of subsection 1;

     (b) Has a gross vehicle

weight, gross vehicle weight rating or gross combination weight rating of

26,001 or more pounds; or

     (c) Is owned or operated by

a motor carrier subject to the jurisdiction of the Department of Motor

Vehicles, except that any vehicle so owned or operated is subject only to the

provisions of 49 C.F.R. §§ 391.51, 392.2, 392.4, 392.5, 392.9 and 396.3(b)(2)

and 49 C.F.R. Parts 390, 393 and 397 if the vehicle is not one described in

paragraph (a) or (b).

 

     2.  To enforce these regulations, enforcement

officers of the Department of Motor Vehicles and the Department of Public

Safety may, during regular business hours, enter the property of a carrier to

inspect its records, facilities and vehicles, including space for cargo.

     3.  A copy of the publication which contains

the provisions described in subsection 1 may be obtained by mail from the

Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050,

St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800,

for the price of $37. The publication is also available free of charge at the

Internet address http://www.gpo.gov/fdsys.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-29-95; A by Dep’t of Pub. Safety by R167-03, 12-16-2003; R204-05, 2-23-2006;

R056-09, 1-28-2010; R003-12, 5-30-2012)

Rates and Services

      NAC 706.302  Common and contract motor carriers. (NRS 706.171, 706.321)

     1.  A tariff of rates and fares for common

motor carriers which are filed with the Authority must be numbered

consecutively, beginning with number 1, and show:

     (a) The name and address of the motor carrier.

     (b) The number of the page of the tariff cancelled

thereby.

     (c) All points to which service is rendered.

     (d) The distance between all points named in the

tariff, where applicable.

     (e) The date issued.

     (f) The effective date.

     (g) All joint, through or local rates, fares or

charges, or rates, fares or charges for a particular commodity or class of passengers

or commodities.

     (h) The names of participating carriers if joint

rates are named.

     (i) Regulations governing the tariff.

     (j) A full explanation of the marks and technical

abbreviations used in the tariff.

     2.  Contract motor carriers must enter into

written bilateral contracts which must be submitted to the Authority for

approval before operating and must contain:

     (a) The name and address of the motor carrier.

     (b) The date the contract was issued.

     (c) The effective date.

     (d) All minimum rates, fares or charges.

     [Pub. Service Comm’n, Gen. Order 5 Rule 301, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.305  Changes in rates: Protest. (NRS 706.171, 706.321)  The

Authority may, on its own motion or on the filing of a sufficient protest by

any person or persons affected, order a tariff withdrawn, modified or

suspended.

     [Pub. Service Comm’n, Gen. Order 5 Rule 307, eff. 12-1-62]—(NAC

A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.307  Posting proposed changes in rates. (NRS 706.171, 706.321)  A fully

regulated carrier applying for a change in any schedule, including a schedule

of joint rates, or in the regulations affecting any rates or charges, shall

certify in the application that a copy of the proposed schedule has been filed

and prominently posted in the carrier’s office and in any place where payments

are made by customers or users.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R090-05, 12-29-2005)

      NAC 706.311  Uniform rates; authorization of commission or referral fee; list

of designated agents. (NRS 706.171, 706.321, 706.351)

     1.  Except as otherwise provided in NRS 706.351, an authorized carrier

shall not:

     (a) Charge, demand, collect or receive a greater,

lesser or different compensation for the transportation of persons or property

or for any service in connection therewith than the rates, fares or charges

applicable to the transportation as specified in its tariffs filed and in

effect at the time.

     (b) Refund or remit in any manner or by any device

any portion of the rates, fares or charges so specified except upon orders of

the courts or the Authority, or extend to the shipper or person any privilege

or facility in the transportation of passengers or property except as specified

in the tariffs.

     (c) Submit a bid to provide services in any form or

manner which is not in conformance with the certificate he or she holds.

     (d) Use any artifice or subterfuge, or billing or

accounting practice in lieu of an authorized commission. The fare or rate

charged to the passenger or shipper may not be greater than or different from

the fare or rate specified in the tariffs in effect at the time because of the

authorized commission.

     2.  An authorized carrier who is a fully

regulated carrier may pay a commission or referral fee to a designated agent

who arranges for the provision of transportation services by the carrier.

Except as otherwise provided in subsection 6, a commission or referral fee

authorized pursuant to this subsection must not exceed 10 percent of the rate,

fare or charge specified in the carrier’s tariffs for the type of service that

the designated agent has arranged for the carrier to provide.

     3.  A designated agent arranging or providing

transportation on the vehicles of any certificated motor carrier shall not

charge, demand, collect or receive a greater, lesser or different compensation

for the transportation of persons or property or any service in connection

therewith than the rates, fares or charges specified in the motor carrier’s

tariffs.

     4.  All tickets issued by a carrier or its

designated agent must identify the charge to the passenger for the service or

transportation purchased. That charge may not be different from the tariff on

file with the Authority.

     5.  A carrier that uses or intends to use the

services of a designated agent within this State shall keep a complete list of

its designated agents which must be made available for review by the staff of

the Authority.

     6.  An authorized carrier that provides

scenic tours may pay a commission or referral fee of up to 35 percent to a

designated agent who arranges for the provision of scenic tours by the carrier.

     [Pub. Service Comm’n, Gen. Order 5 Rule 310, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99;

R040-02, 9-20-2002; R090-05, 12-29-2005; A by Nev. Transportation Auth. by R111-10,

12-16-2010)

      NAC 706.312  Common motor carriers of household goods: Estimate of charges. (NRS 706.171, 706.443)

     1.  A common motor carrier of household goods

must, if requested by the shipper after a visual inspection of the goods, give

to the shipper a written estimate of the charges. The original must be

delivered to the shipper and a copy maintained by the carrier in his or her

record of the shipment.

     2.  The estimate must be based upon the

carrier’s tariff filed with the Authority. The final charge for transporting

the goods may not exceed the estimate unless the customer requests services

that are not included in the written estimate and agrees to pay for the

additional services so requested. If the final charge is less than the

estimate, the carrier shall only collect the actual charge for the service.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)

      NAC 706.314  Transmittal letter; indication of change in rates. (NRS 706.171, 706.321)

     1.  All tariffs submitted must be accompanied

by a transmittal letter with an explanation of the purposes and intent of the

tariff.

     2.  If any change is proposed in any rate,

the proposed change must be plainly indicated on the new tariff filed with the

Authority by a mark immediately preceding or following the new tariff.

     [Pub. Service Comm’n, Gen. Order 5 Rules 303 & 309,

eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.317  Rates for intermediate points. (NRS 706.171, 706.321)  Schedules

of rates and fares issued by property and passenger motor carriers must contain

a rule with reference to rates applicable to intermediate points not

specifically named in the schedule. The rule must read substantially as

follows:

     1.  From a station shown to a station not

shown, the rate applies from the point of origin to the first station beyond

the destination in the direction traveling.

     2.  From a station not shown to a station

shown, the rate applies from the first station shown beyond the point of origin

in the opposite direction to the point of destination.

     3.  From a station not shown to a station not

shown, the rate applies from the first station shown beyond in the opposite

direction of origin to the first station beyond the destination in the

direction traveling.

     [Pub. Service Comm’n, Gen. Order 5 Rule 312, eff. 12-1-62]

      NAC 706.320  Contents of schedule of rates and fares. (NRS 706.171, 706.321)

     1.  In addition to the requirements of NRS 706.346, schedules of rates and

fares issued by motor carriers of passengers must show fares for round trips

where reductions are made and complete information regarding rates based on

mileage or commutation, children’s fares and rates for baggage and excess

baggage.

     2.  If a schedule of rates issued by a motor

carrier of freight and express shows rates based on class, the schedule must

contain a general description of the articles or commodities in each class.

     [Pub. Service Comm’n, Gen. Order 5 Rules 314 & 315,

eff. 12-1-62]—(NAC A 9-1-87)

      NAC 706.321  Public inspection of schedule of rates and fares. (NRS 706.171, 706.321)  A copy

of each schedule of rates and fares, together with the applicable regulations,

must be made available by each common motor carrier for public inspection at:

     1.  The principal office of the carrier;

     2.  The terminal of each of the carrier’s

routes; and

     3.  Each station on those routes.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87)

      NAC 706.323  Common and contract carriers: On-call service. (NRS 706.171)  Common

or contract carriers who are on call shall not establish a definite schedule

that would indicate a regular route service, or establish any schedules between

fixed destinations, except carriers of household goods or as otherwise ordered

by the Authority.

     [Pub. Service Comm’n, Gen. Order 5 part Rule 129, eff.

12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)

      NAC 706.326  Contract carriers: Written contract or bill of lading. (NRS 706.171)

     1.  All contract carriers shall enter into a

written contract or bill of lading before any movement, and shall maintain a

copy thereof for at least 3 years in their files available for inspection at

any time.

     2.  The contract must contain, but is not

limited to, the origin, destination, date of receipt by the carrier of the

commodities handled, description, number of packages, weight, rate and charge.

     [Pub. Service Comm’n, Gen. Order 5 Rule 318, eff. 12-1-62]

      NAC 706.327  Manifests for common and contract motor carriers of commodities. (NRS 706.171)

     1.  A common or contract motor carrier of

commodities shall carry in the unit having motive power a manifest containing:

     (a) A description of the shipment, including,

without limitation, the number of pieces and the net weight of the shipment.

     (b) The names of the consignees.

     (c) The names of the consignors.

     (d) The points of origin and destination of the

shipment.

     (e) The route of the shipment.

     (f) A statement that the carrier’s rates and

regulations are subject to approval by the Authority.

     2.  A copy of the manifest must be kept on

file in the principal office of each carrier involved in the transport of the

shipment for 3 years after the shipment has been made.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.329  Prohibited acts. (NRS 706.171)  Any

person, whether a carrier who is subject to the provisions of NAC 706.302 to 706.335,

inclusive, or a broker, shipper or consignee, or any officer, employee, agent

or representative thereof, who knowingly offers, grants, gives, solicits,

accepts or receives any rebate, concession or discrimination in violation of

any provision of NAC 706.302 to 706.335, inclusive, or who, by means of any false

statement or representation, or by the use of any false or fictitious bill,

bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit,

deposition, lease or bill of sale or by any other means or device knowingly and

willfully or otherwise fraudulently seeks to evade or defeat the provisions of NAC 706.302 to 706.335,

inclusive, will be prosecuted under existing statutes.

     [Pub. Service Comm’n, Gen. Order 5 Rule 319, eff. 12-1-62]—(NAC

A 9-1-87)

      NAC 706.333  Claims for lost or damaged freight or baggage. (NRS 706.171)

     1.  A claim by a shipper or consignor against

a common or contract motor carrier for lost or damaged freight or baggage must

be submitted to the carrier within 7 days after the loss or damage is

discovered.

     2.  Within 14 days after receipt of the

claim, the carrier shall:

     (a) Compensate the shipper or consignor; or

     (b) Deliver to the shipper or consignor a written

denial of the claim.

     3.  A denial of a claim may be appealed by

the shipper or consignor to the Authority.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R071-98, 10-28-98)

      NAC 706.334  Carriers of household goods: Notification of liability coverage. (NRS 706.171, 706.443)  Before

providing any service subject to regulation by the Authority, a carrier of

household goods must notify the customer in writing of the scope of the

standard liability coverage provided and the availability of additional

coverage.

     (Added to NAC by Transportation Serv. Auth. by R040-02,

eff. 9-20-2002)

      NAC 706.335  Carriers of household goods: Bill for payment. (NRS 706.171, 706.443)

     1.  Upon the completion of a shipment of

household goods, the authorized carrier shall present to the person paying for

the shipment the original bill for payment.

     2.  The bill must show:

     (a) The name and address of the carrier.

     (b) The names of the consignor and consignee.

     (c) The points of origin and destination.

     (d) The date and time the shipment was received by

the carrier.

     (e) The date and time of arrival of the shipment at

its destination.

     (f) The date of the bill.

     (g) The weight of the shipment, if applicable.

     (h) The route over which the household goods were

transported, the name of the point of transfer and the name of each carrier

participating in the transportation.

     (i) The numbers of the vehicles which transported

the household goods.

     (j) An adequate description of the property

transported, including the number of items carried.

     (k) The rate charged for the service.

     (l) Any other charge incident to the

transportation.

     (m) A statement that the carrier’s rates are

subject to regulation by the Authority.

     (n) Any other information required by the

Authority.

     [Pub. Service Comm’n, Gen. Order 5 Rule 317, eff. 12-1-62]—(NAC

A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)

      NAC 706.340  Limitation on schedules for carriers operating on call. (NRS 706.171)  A common

or contract motor carrier authorized to have an on-call operation over an

irregular route shall not establish any schedule that would indicate service

along a regular route or between fixed terminals unless otherwise authorized to

do so by the Authority.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.342  Inclusion of certain geographical points in tariffs. (NRS 706.171)  An

authorized carrier shall include in his or her filed tariff a list of those

points within the authorized carrier’s area of operation where his or her

equipment is based or from which he or she computes hourly charges or charges

for mileage. Such points may be limited by the carrier’s certificate, permit or

license.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87)

      NAC 706.345  Tariffs and orders for scenic tours. (NRS 706.171)

     1.  A common motor carrier authorized to

conduct scenic tours shall file with the Authority a tariff showing all

applicable per capita fares and hourly rates for each tour offered.

     2.  A common motor carrier authorized to

conduct scenic tours shall not render the service until an order has been

prepared by the carrier stating:

     (a) The name of the person or group who contracted

for the service;

     (b) The date and time when the service is to be

rendered;

     (c) The route to be traversed; and

     (d) The points of interest to be visited.

     3.  A copy of the order must be carried on

the motor vehicle for inspection during the period of the service and

maintained in the files of the carrier for at least 3 years.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002)

      NAC 706.348  Provision of airport transfer service. (NRS 706.171)

     1.  Airport transfer service may be provided

only by a common motor carrier authorized to provide such a service, on the

basis of charging individual fares to persons who appear personally and request

the service. The service may be provided to, from or between airports. The fare

for airport transfer service must include any charge for baggage carried by a

passenger.

     2.  A common motor carrier providing airport

transfer service may, before providing the service, require passengers to wait

a reasonable period in order to board a stated minimum number of passengers on

a vehicle.

     3.  Round trip tickets may be sold to

individual passengers.

     4.  Delayed baggage or cargo may not be

transported by a common motor carrier providing airport transfer service.

     5.  No group of persons may acquire exclusive

use of a vehicle used for airport transfer service.

     6.  The transportation of each passenger must

be on the basis of whoever requests the service first, is served first.

     7.  Airport transfer service must either

begin or terminate at an airport which is within the common motor carrier’s

service territory.

     (Added to NAC by Pub. Service Comm’n, eff. 11-15-88)

      NAC 706.352  Multiple charters: Payment for each individual charter service by

bus or charter service by limousine. (NRS 706.171)

     1.  Multiple charters may not be performed

unless the authorized carrier is paid for each individual charter service by

bus or charter service by limousine.

     2.  A broker who sells or resells multiple

charters shall pay the carrier on the basis of each individual charter service

by bus or charter service by limousine provided.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.353  Provision of charter service by limousine. (NRS 706.171)

     1.  Only a common motor carrier authorized to

provide charter service by limousine may provide such service, but no such

service may be provided until a charter order is prepared.

     2.  Except as otherwise provided in

subsection 3, a charter service by limousine may not be operated over the same

routes or to the same points so frequently as to constitute a regularly

scheduled route or service.

     3.  A charter service by limousine may be

operated over the same routes or to the same points in the form of a shuttle

service.

     [Pub. Service Comm’n, Gen. Order 5 part Rule 116, eff.

12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R078-98, 1-28-99;

R040-02, 9-20-2002; R090-05, 12-29-2005)

      NAC 706.354  Charter orders. (NRS 706.171)

     1.  A charter order must include:

     (a) The name of the person or group who contracted

for the service.

     (b) The date of the request for service.

     (c) The date on which the service will be provided.

     (d) The approximate number of passengers.

     (e) The route.

     (f) The itinerary.

     (g) The charge for the service.

     (h) An identification of the equipment to be used.

     2.  A copy of the charter order must be:

     (a) Carried on the vehicle and be available for

inspection during the period of the service; and

     (b) Maintained in the files of the carrier for 3

years.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87)

      NAC 706.355  Charges for charter service by bus and charter service by

limousine. (NRS

706.171)  An

authorized carrier who provides charter service by bus or charter service by

limousine shall not charge a per capita fare for that service. Passengers must

be transported under a single contract for a specified act of transporting, at

a specific time and for a specific sum, as shown in the carrier’s tariff.

     (Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by

Transportation Serv. Auth. by R040-02, 9-20-2002)

      NAC 706.3555  Carrier authorized to provide charter service by limousine: Fuel

surcharge. (NRS

706.171, 706.321)

     1.  In addition to the rates and fares

included in the tariff on file with the Authority, a carrier authorized to

provide charter service by limousine may charge and collect from the carrier’s

passengers a fuel surcharge in an amount determined pursuant to this section.

     2.  A carrier authorized to provide charter

service by limousine who charges and collects a fuel surcharge shall compute

the amount of the fuel surcharge on an hourly basis in accordance with the

following table:

 
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