Assembly Bill No. 545

Assembly Bill No. 545-Committee on Transportation

CHAPTER

596

AN ACT relating to motor carriers; prohibiting a common motor carrier from operating or permitting the operation of a vehicle in passenger service without a certificate of public convenience and necessity; authorizing a law enforcement officer to tow certain vehicles being operated without a certificate of public convenience and necessity under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 706.756 is hereby amended to read as follows:
706.7561. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, or by the commission or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(d) Fails to obey any order, decision or regulation of the commission or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;
(g) Advertises as providing the services of a fully regulated carrier without including the number of his certificate of public convenience and necessity or contract carrier's permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:
(a) For the first offense by a fine of not less than $500 nor more than $1,000;
(b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or
(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. Any person who operates or permits the operation of a vehicle in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.
4. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
[4.] 5. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 2. NRS 706.885 is hereby amended to read as follows:
706.8851. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of a misdemeanor.
2. The taxicab authority or administrator may at any time, for good cause shown and upon at least 5 days' notice to the grantee of any certificate or driver's permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver's permit to a maximum amount of $500 or suspend or revoke the certificate or driver's permit granted by it or him, respectively, for:
(a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the taxicab authority or administrator.
(b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the taxicab authority or administrator.
If a penalty is imposed on the grantee of a certificate pursuant to this section, the taxicab authority or administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney's fees.
3. When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing.
4. Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.
5. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
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