AB677

Assembly Bill No. 677–Committee on Transportation

CHAPTER........

AN ACT relating to vehicles; providing immunity under certain circumstances for short-term

lessors of vehicles from administrative fines and other penalties that may be

imposed by the transportation services authority for vehicles leased by short-term

lessors that are operated in passenger service without a certificate of public

convenience and necessity; providing for the release of such a vehicle impounded by

the transportation services authority to a short-term lessor; and providing other

matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 706 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. Notwithstanding any provision of NRS 706.011 to 706.791,

inclusive, and this section to the contrary, if the registered owner of a

vehicle which is impounded pursuant to NRS 706.476 is a short-term

lessor licensed pursuant to NRS 482.363 who is engaged in the business

of renting or leasing vehicles in accordance with NRS 482.295 to

482.3159, inclusive, the registered owner is not liable for any

administrative fine or other penalty that may be imposed by the authority

for the operation of a passenger vehicle in violation of NRS 706.011 to

706.791, inclusive, if at the time that the vehicle was impounded, the

vehicle was in the care, custody or control of a lessee.

2. A short-term lessor may establish that a vehicle was subject to the

care, custody or control of a lessee at the time that the vehicle was

impounded pursuant to NRS 706.476 by submitting to the authority a

true copy of the lease or rental agreement pursuant to which the vehicle

was leased or rented to the lessee by the short-term lessor. The

submission of a true copy of a lease or rental agreement is prima facie

evidence that the vehicle was in the care, custody or control of the lessee.

3. Upon the receipt of a true copy of a written lease or rental

agreement pursuant to subsection 2 which evidences that the vehicle

impounded by the authority pursuant to NRS 706.476 was under the

care, custody or control of a lessee and not the registered owner of the

vehicle, the authority shall release the vehicle to the short-term lessor.

4. As used in this section, "short-term lessor" has the meaning

ascribed to it in NRS 482.053.

Sec. 2. NRS 706.011 is hereby amended to read as follows:

706.011 As used in NRS 706.013 to 706.791, inclusive, and section 1

of this act, unless the context otherwise requires, the words and terms

defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed

to them in those sections.

Sec. 3. NRS 706.476 is hereby amended to read as follows:

706.476 Except as otherwise provided in section 1 of this act:

1. A vehicle used as a taxicab, limousine or other passenger vehicle in

passenger service must be impounded by the authority if a certificate of

public convenience and necessity has not been issued authorizing its

operation. A hearing must be held by the authority no later than the

conclusion of the second normal business day after impoundment,

weekends and holidays excluded. As soon as practicable after

impoundment, the authority shall notify the registered owner of the vehicle:

(a) That the registered owner of the vehicle must post a bond in the

amount of $20,000 to ensure his presence at all proceedings held pursuant

to this section;

(b) Of the time set for the hearing; and

proceedings.

2. The authority shall hold the vehicle until the registered owner of the

vehicle appears and:

(a) Proves that he is the registered owner of the vehicle;

(b) Proves that he holds a valid certificate of public convenience and

necessity;

(d) Posts a bond in the amount of $20,000 with the [~~administrator.]~~

authority.

The authority shall return the vehicle to its registered owner when the

owner meets the requirements of this subsection and pays all costs of

impoundment.

3. If the registered owner is unable to meet the requirements of

paragraph (b) or (c) of subsection 2, the authority may assess an

administrative fine against the registered owner for each such violation in

the amount of $5,000. The maximum amount of the administrative fine that

may be assessed against a registered owner for a single impoundment of his

vehicle pursuant to this section is $10,000. The authority shall return the

vehicle after any administrative fine imposed pursuant to this subsection

and all costs of impoundment have been paid.

Sec. 4. NRS 706.756 is hereby amended to read as follows:

706.756 1. Except as otherwise provided in subsection 2, any person

who:

(a) Operates a vehicle or causes it to be operated in any carriage to

which the provisions of NRS 706.011 to 706.861, inclusive, and section 1

of this act, 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, and section 1 of this act, or by the authority

or the department pursuant to the provisions of NRS 706.011 to 706.861,

inclusive [;] , and section 1 of this act;

NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

(d) Fails to obey any order, decision or regulation of the authority or the

department;

(e) Procures, aids or abets any person in his failure to obey such an

order, decision or regulation of the authority or the department;

(f) Advertises, solicits, proffers bids or otherwise holds himself out to

perform transportation as a common or contract carrier in violation of any

of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1

of this act;

(g) Advertises as providing:

(1) The services of a fully regulated carrier; or

(2) Towing services,

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 authority 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

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.

5. Any bail allowed must not be less than the appropriate fine provided

for by this section.