Assembly Amendment to Assembly Bill No. 677 (BDR 58-1599)
Proposed by: Committee on Transportation
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 4, following the enacting clause, to read 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:
(a) At the time that the vehicle was impounded, the vehicle was in the care, custody or control of a lessee; and
(b) The registered owner did not know or have reason to know that the vehicle would be used in violation of NRS 706.011 to 706.791, inclusive.
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) 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; and
(b) An affidavit made by the short-term lessor which states that the registered owner did not know or have reason to know that the vehicle would be operated in violation of NRS 706.011 to 706.791, inclusive,
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:
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
(c) Of his right to be represented by counsel during all phases of the proceedings.
2. The authority shall hold the vehicle until the registered owner of the vehicle appears and:
(a) Proves that he is the registered owner of the vehicle;
(b) Proves that he holds a valid certificate of public convenience and necessity;
(c) Proves that the vehicle meets all required standards of the authority; and
(d) Posts a bond in the amount of $20,000 with the
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(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive
(d) Fails to obey any order, decision or regulation of the authority or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the authority or the department;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive
(g) Advertises as providing:
(1) The services of a fully regulated carrier; or
(2) Towing services,
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
(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.
5. Any bail allowed must not be less than the appropriate fine provided for by this section.".
Amend the title of the bill to read as follows:
Amend the summary of the bill to read as follows:
"SUMMARY—Provides immunity under certain circumstances for short-term lessors of vehicles from penalties that may be imposed by transportation services authority for unlawful use of vehicles leased by short-term lessors. (BDR 58-1599)".