1. For the furnishing of transportation services through the assignment of motor vehicles for a continuing period [of time] to the exclusive use of each person served;

[1.] (a) Fitted with a taximeter or has some other device, method or system to indicate and determine the passenger fare charged for the distance traveled;

[2.] (b) Used in the transportation of passengers or light express, or both, for which a charge or fee is received; or

(a) [Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to] To confer upon the transportation services authority the power and to make it the duty of the transportation services authority to regulate [fully regulated carriers,] operators of tow cars [and brokers of regulated services] to the extent provided in this chapter , and to confer upon the department the power to license all motor carriers subject to the provisions of this chapter and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the transportation services authority pursuant [to it,] thereto, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.

(d) To encourage the establishment and maintenance of reasonable charges for [:

(2) Towing] towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, without unjust discriminations against or undue preferences or advantages being given to any [motor carrier] operator of a tow car or applicant for a certificate of public convenience and necessity.

(e) To discourage any practices which would tend to increase or create competition that may be detrimental to the [traveling and shipping public or the motor carrier] business of towing vehicles without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle within this state.

2. The chief of the transportation services authority [consists of three members appointed by the governor. After the initial term each member shall serve] is the commissioner of the transportation services authority. The governor shall appoint the commissioner for a term of 4 years.

3. The [governor shall appoint to the authority members who] person appointed as the commissioner must have at least 2 years of experience in one or more of the following fields:

5. All of the members]

4. The commissioner must be [persons who are] a person who is independent of the industries regulated by the transportation services authority. No elected officer of this state or any political subdivision is eligible for appointment.

[6. The members of the authority]

5. The commissioner shall give [their] his entire time to the business of the transportation services authority and shall not pursue any other business or vocation or hold any other office of profit.

[7. Each member of the authority]

2. The [assessments] actual amount of the assessment provided for by this section must be determined by the transportation services authority upon the completion of each such investigation, inspection, audit or appearance . [and are] If the actual amount of the assessment is less than the estimated amount of the assessment, the transportation services authority shall refund the difference to the affected operator, as appropriate. If the actual amount of the assessment is greater than the estimated amount of the assessment paid by the affected operator, the transportation services authority shall assess the affected operator an amount that is equal to the difference between the estimated and actual assessment. The final assessment is due within 30 days after receipt by the affected [common or contract carrier] operator of the notice of the assessment.

(a) Maintaining staff and equipment needed to regulate adequately persons subject to the jurisdiction of the transportation services authority.

(b) Participating in all proceedings relevant to the jurisdiction of the transportation services authority.

(d) The salaries, travel expenses and subsistence allowances of the [members] commissioner and staff of the transportation services authority.

[(a)] 1. Affected with a public interest; and

[(b)] 2. Subject to NRS [706.011] 706.151 to 706.791, inclusive [.

1. [Subject to the limitation provided in NRS 706.168 and to] To the extent provided in this chapter, supervise and regulate [:

(b) Every] every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS [706.011] 706.151 to 706.791, inclusive [.] , and section 11 of this act.

2. [Supervise and regulate the storage of household goods and effects in warehouses and the operation and maintenance of such warehouses in accordance with the provisions of this chapter and chapter 712 of NRS.

3.] Enforce the standards of safety applicable to the employees, equipment, facilities and operations of [those common and contract carriers subject to the authority or the department] operators of tow cars by:

(b) Reviewing and observing the programs or inspections of [the carrier] operators of tow cars relating to safety; and

(c) Conducting inspections relating to safety . [at the operating terminals of the carrier.

4.] 3. To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more [fully regulated carriers or two or more] operators of tow cars relating to:

(a) [Fares of fully regulated carriers;

(b)] All rates of [fully regulated carriers and rates of] operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;

[(c) Classifications;

(f) All charges of fully regulated carriers] and

(b) All charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle . [, including charges between carriers and compensation paid or received for the use of facilities and equipment.]

(a) Keep uniform and detailed accounts of all business transacted in the manner required by the transportation services authority by regulation and render them to the transportation services authority upon its request.

(b) Furnish an annual report to the transportation services authority in the form and detail that it prescribes by regulation.

The regulations of the transportation services authority may not require an operator of a tow car to keep accounts and report information concerning towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle other than information that is necessary to permit the transportation services authority to enforce the provisions of NRS [706.011] 706.151 to 706.791, inclusive [.

2. Except as otherwise provided in subsection 3, the] , and section 11 of this act.

2. The reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.

3. [A carrier may, with the permission of the authority, prepare the reports required by this section for a year other than a calendar year that the authority specifies and submit them not later than a date specified by the authority in each year.

(a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which [they are each] the department is responsible.

(c) Require such reports and the maintenance of such records as [they determine] the department determines to be necessary for the administration and enforcement of this chapter.

(d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any [fully regulated carrier, and of any other] common, contract or private motor carrier , taxicab motor carrier, limousine motor carrier or operator of a tow car doing business in this state to the extent necessary for [their respective duties. The authority and] the department to carry out the provisions of this chapter. The department may examine in other states or require by subpoena the production inside this state of such books, papers and records as are not maintained in this state.

(e) Temporarily waive any requirement for a [certificate or permit] license when an emergency exists as defined in NRS 706.561.

2. No personnel records of an employee of a [fully regulated carrier, or of any other] common, contract or private motor carrier , taxicab motor carrier, limousine motor carrier or operator of a tow car may be examined pursuant to paragraph (d) of subsection 1 unless the records contain information relating to a matter of public safety or [the authority and] the department [determine] determines that the examination is required to protect the interests of the public.

(a) Act as counsel and attorney for the transportation services authority in all actions, proceedings and hearings.

(c) Generally aid the transportation services authority in the performance of its duties and the enforcement of this chapter.

2. Confer with the regulatory agencies of other states on matters of mutual concern and benefit to persons served by operators of tow cars, taxicab motor carriers and limousine motor carriers of this state.

(b) Require such reports and the maintenance of such records as the transportation services authority determines to be necessary for the administration and enforcement of this chapter.

2. Except as otherwise provided in subsection [2, any, member of] 3, the commissioner of the transportation services authority , or any officer or employee of the transportation services authority who is designated by the commissioner of the transportation services authority may examine during the regular business hours the books, accounts, records, minutes, papers and property of any person who is regulated by the transportation services authority . [and who does business in this state, whether or not the book, account, record, minutes, paper or property is located within this state.

2.] The transportation services authority may examine in other states or require by subpoena the production inside this state of any such books, accounts, records, minutes, papers and property that are not maintained in this state.

3. No personnel records of an employee may be examined pursuant to subsection [1] 2 unless the records contain information relating to a matter of public safety or the transportation services authority determines that the examination is required to protect the interests of the public.

[3.] 4. As used in this section, "personnel records" does not include:

2. The transportation services authority shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:

3. If the transportation services authority closes a hearing to receive or examine such information, it shall:

(a) Restrict access to the records and transcripts of such hearings without the prior approval of the transportation services authority or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and

(b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the transportation services authority.

2. The department may, by regulation applicable to common, contract and private motor carriers of passengers or property, taxicab motor carriers, limousine motor carriers and operators of tow cars, adopt standards for safety for drivers and vehicles.

3. If an application or other document is rejected by the transportation services authority because it is inadequate or inappropriate, the filing fee must be returned.

1. Determine and order repairs of facilities of [common and contract motor carriers;] operators of tow cars; and

(a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any [fully regulated carrier or by any] operator of a tow car for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle are in any respect unreasonable or unjustly discriminatory;

the transportation services authority shall investigate the complaint. After receiving the complaint, the transportation services authority shall give a copy of [it] the complaint to the [carrier or] operator of a tow car against [whom] which the complaint [is] was made. Within a reasonable time thereafter, the [carrier or] operator of a tow car shall provide the transportation services authority with [its] his written response to the complaint according to the regulations of the transportation services authority.

2. If the transportation services authority determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing. If the complaint has been filed against an operator of a tow car by another operator of a tow car and the transportation services authority does not find probable cause for the complaint, the transportation services authority may recover from the complainant the cost of court reporting and investigation, and other necessary expenses incurred by the transportation services authority.

2. Unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the transportation services authority a request that the hearing be held, the transportation services authority may dispense with a hearing and act upon the matter pending.

3. If a request for a hearing is filed, the transportation services authority shall give at least 10 days’ notice of the hearing.

2. Whenever any petition is served upon the transportation services authority, before the action is reached for trial, the transportation services authority shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.

3. A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount, to be fixed by the transportation services authority, and the amount must be the same for all parties.

2. The transportation services authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate [, permit or license] issued in accordance with the provisions of NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act, for a period not to exceed 60 days.

3. Upon receipt of a written complaint or on its own motion, the transportation services authority may, after investigation and hearing, revoke any certificate . [, permit or license.] If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate [, permit or license] by so notifying the transportation services authority in writing, the transportation services authority may revoke the certificate [, permit or license] without a hearing.

2. The] department shall require every [other] common and contract motor carrier , [and every] private motor carrier, limousine motor carrier or operator of a tow car within such time and in such amounts as the department may designate, to file with the department in a form required and approved by the department a liability insurance policy, or a certificate of insurance in lieu thereof, a bond of a surety company, or other surety, in such reasonable sum as the department may deem necessary to protect adequately the interests of the public. In determining the amount of liability insurance or other surety required of a carrier or operator pursuant to this subsection, the department shall create a separate category for vehicles with a manufacturer’s gross vehicle weight rating of less than 26,000 pounds and impose a lesser requirement with respect to such vehicles.

[3.] 2. The liability insurance policy or certificate, policy or bond of a surety company or other surety must bind the obligors thereunder to pay the compensation for injuries to persons or for loss or damage to property resulting from the negligent operation of the carrier [.

4. The authority and the] or operator.

2.] Every operator of a tow car is required to furnish reasonably adequate service and facilities, and all charges assessed for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be just and reasonable.

2.] Every operator of a tow car shall file with the transportation services authority:

(a) Within a time to be fixed by the transportation services authority, schedules and tariffs that must:

(b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS [706.011] 706.151 to 706.791, inclusive [.

3.] , and section 11 of this act.

2. No changes may be made [in any schedule, including schedules of joint rates, or] in the regulations affecting any rates or charges, except upon [30] 60 days’ notice to the transportation services authority . [, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect.] The transportation services authority, upon application of any [carrier,] operator of a tow car, may prescribe a shorter time within which changes may be made. The [30] 60 days’ notice is not applicable when the [carrier] operator of a tow car gives written notice to the transportation services authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the transportation services authority.

[4.] 3. The transportation services authority may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.

[5.] 4. The transportation services authority may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service filed pursuant to this section.

[6.] 5. All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the transportation services authority are in force, and are prima facie lawful, from the date of the order until changed or modified by the transportation services authority, or pursuant to NRS 706.2883.

(a) The [motor carrier] operator of a tow car notifies the transportation services authority that it wishes to have the rate reviewed by the transportation services authority pursuant to this subsection; and

2. Pending the investigation or hearing and the decision thereon, the transportation services authority, upon delivering to the [common or contract motor carrier] operator of a tow car affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule or tariff and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the [time] date when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

3. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the transportation services authority may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

2. When complaint is made of more than one matter, the transportation services authority may order separate hearings upon the several matters complained of at such times and places as it may prescribe.

2. Except as otherwise provided in subsection 3, [when] if a schedule or tariff of joint rates or charges is or may be in force between two or more [common motor carriers or between any such carrier and a public utility,] operators of tow cars, the schedule or tariff must be printed and posted in the manner prescribed in subsection 1.

(a) A [fully regulated] taxicab motor carrier or limousine motor carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.

4. [This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:

7.] As used in this section, "employees" includes:

(b) Persons who have become disabled or infirm in the service of [such carriers.] a taxicab motor carrier or limousine motor carrier.

2. A common motor carrier of passengers, a contract motor carrier of passengers , a taxicab motor carrier, a limousine motor carrier and other entities providing means of public conveyance and transportation shall designate a person responsible for ensuring that the carrier complies with the applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations adopted pursuant to that act.

5. It is unlawful for any common motor carrier, contract motor carrier , taxicab motor carrier, limousine motor carrier or other entity providing a means of public conveyance or transportation operating within this state, to:

1. Shall revoke or suspend, pursuant to the provisions of this chapter, the certificate of public convenience and necessity of [a common motor carrier] an operator of a tow car which has failed to:

(b) Operate as [a carrier of intrastate commerce] an operator of a tow car in this state under the terms and conditions of its certificate,

unless the [carrier] operator has obtained the prior permission of the transportation services authority.

1. Geographical area in which towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle are provided;

2. Types of towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that are provided; or

(a) Obtain a certificate of public convenience and necessity from the transportation services authority before he provides any services other than those services which he provides as a private motor carrier of property pursuant to the provisions of this chapter;

(c) Comply with the provisions of NRS [706.011] 706.151 to 706.791, inclusive [.] , and section 11 of this act.

2. A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must file an application with the transportation services authority.

3. The transportation services authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:

(b) Complies with the requirements of the regulations adopted by the transportation services authority pursuant to the provisions of this chapter;

(c) Has provided evidence that he has filed with the [authority] department a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

(d) Has provided evidence that he has filed with the transportation services authority schedules and tariffs pursuant to [subsection 2 of] NRS 706.321.

4. An applicant for a certificate has the burden of proving to the transportation services authority that the proposed operation will meet the requirements of subsection 3.

5. The transportation services authority may hold a hearing to determine whether an applicant is entitled to a certificate only if:

(a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the transportation services authority; or

2. The transportation services authority shall approve an application filed with it pursuant to subsection 1 if it determines that the transferee:

(a) Complies with the provisions of NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act, and the regulations adopted by the transportation services authority pursuant to those provisions;

(b) Uses equipment that is in compliance with the regulations adopted by the transportation services authority;

(c) Has provided evidence that he has filed with the [authority] department a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

(d) Has provided evidence that he has filed with the transportation services authority schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.

3. The transportation services authority may hold a hearing concerning an application submitted pursuant to this section only if:

(a) Upon the expiration of the time fixed in the notice that an application for transfer of a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the transportation services authority; or

(b) The transportation services authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 2.

4. The transportation services authority shall not hold a hearing on an application submitted pursuant to this section if the application is made to transfer the certificate of public convenience and necessity from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners.

3. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the transportation services authority pursuant to subsection 1 for preparing or satisfying a lien.

1. Holds a certificate of public convenience and necessity issued by the transportation services authority.

6. Assesses only rates and charges that have been approved by the transportation services authority for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.

2. If any witness refuses to attend or testify or produce any papers required by such subpoena the transportation services authority may report to the district court in and for the county in which the investigation or hearing is pending by petition, setting forth:

1. A complaint has been filed with the transportation services authority alleging that any vehicle is being operated without a certificate of public convenience and necessity [or contract carrier’s permit] as required by NRS [706.011] 706.151 to 706.791, inclusive [;] , and section 11 of this act; or

2. The transportation services authority has reason to believe that any:

(a) Person is advertising to provide [:

(2) Towing services,] towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle without including the number of his certificate of public convenience and necessity or permit in each advertisement; or

(b) Provision of NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act, is being violated,

2. A person who enters into a lease agreement with an independent contractor pursuant to this section shall submit a copy of the agreement to the appropriate taxicab authority for its approval. The agreement is not effective until approved by the taxicab authority.

3. A person who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter relating to the regulation of taxicabs or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.

(b) [Requirements related to liability insurance;

(c)] Minimum safety standards; and

(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 or subsection 2 of NRS 706.172, as appropriate, and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

(b) All rules and regulations adopted by reference pursuant to [paragraph (b) of subsection 1 of NRS 706.171] NRS 706.151 to 706.791, inclusive, and section 11 of this act, by the department or transportation services authority, as appropriate, concerning the safety of drivers and vehicles.

3. The provisions of NRS 706.311 to 706.453, inclusive, [706.471, 706.473, 706.475 and 706.6411] which authorize the transportation services authority to issue [:

(b) Certificates] certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

2. [A common motor carrier who enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of regular routes and fixed schedules. Under such an agreement, the public entity shall establish the routes and fares and provide for any required safety inspections.

3.] A nonprofit carrier of elderly or physically or mentally handicapped persons is not required to obtain a certificate of public convenience and necessity to operate as a [common] taxicab motor carrier or limousine motor carrier of such passengers only, but such a carrier is not exempt from inspection by [the] a taxicab authority to determine whether its vehicles and their operation are safe.

(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS [706.011] 706.151 to 706.861, inclusive, and section 11 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] 706.151 to 706.861, inclusive, and section 11 of this act or by the transportation services authority or the department pursuant to the provisions of NRS [706.011] 706.151 to 706.861, inclusive [;] , and section 11 of this act;

(c) Violates, or procures, aids or abets the violating of, any provision of NRS [706.011] 706.151 to 706.861, inclusive [;] , and section 11 of this act;

(d) Fails to obey any order, decision or regulation of the transportation services authority or the department;

(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the transportation services authority or the department;

(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform [transportation as a common or contract carrier] towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle in violation of any of the provisions of NRS [706.011] 706.151 to 706.861, inclusive [;] , and section 11 of this act;

(g) Advertises as providing [:

(2) Towing services,] towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle without including the number of his certificate of public convenience and necessity [or contract carrier’s permit] in each advertisement;

(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) Knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the transportation services authority; or

(n) Refuses or fails to surrender to the transportation services 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 gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 [nor] and not more than [$1,000,] $2,000, or by imprisonment in the county jail for not more than [6 months,] 1 year, or by both fine and imprisonment.

2. A person convicted of a gross 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] and not more than [$1,000;] $2,000;

(b) For a second offense within 12 consecutive months and each subsequent offense , by a fine of [$1,000;] $2,000; or

(c) For any offense, by imprisonment in the county jail for not more than [6 months,] 1 year, 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.] The conviction of a person pursuant to this section does not bar the transportation services authority from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or the suspension or revocation of any certificate, permit or license by the transportation services authority does not operate as a defense in any proceeding brought against the person by the transportation services authority pursuant to this chapter.

2. It is unlawful for any [fully regulated carrier or] operator of a tow car to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.

2. If the transportation services authority does not bring an action to recover the penalty prescribed by subsection 1, the transportation services authority may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the transportation services authority [or department] pursuant to the provisions of this chapter. A fine imposed by the transportation services authority may be recovered by the transportation services authority only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.

3. All administrative fines imposed and collected by the transportation services authority pursuant to subsection 2 are payable to the state treasurer and must be credited to [a separate account to be used by the authority to enforce the provisions of this chapter.] the state highway fund.

2. The] , and sections 12 to 21, inclusive, of this act.

(a) Applications to adjust, alter or change the rates, charges or fares for taxicab or limousine service;

(b) Applications for certificates of public convenience and necessity to operate a taxicab or limousine service;

(c) Applications requesting authority to transfer any existing interest in a certificate of public convenience and necessity or in a corporation that holds a certificate of public convenience and necessity to operate a taxicab or limousine business;

(d) Applications to change the total number of allocated taxicabs in a county [to which NRS 706.881 to 706.885, inclusive, apply;] subject to the jurisdiction of the taxicab authority; and

(e) Appeals from final decisions of [the] its administrator made pursuant to NRS 706.8822.

2. [The] A taxicab authority may remove [the] its administrator for good cause shown.

2. The] , and sections 12 to 21, inclusive, of this act.

2. An administrator shall appoint:

3. Complaints against taxicab or limousine drivers;

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the taxicab authority or the administrator.

1. Determine the circumstances that require a temporary increase in the number of taxicabs or limousines subject to its jurisdiction allocated pursuant to NRS 706.8824; and

2. Whenever circumstances require the establishment of a system of allocations, [the] a taxicab authority shall allocate the number of taxicabs or limousines, as appropriate, among the certificate holders in the county in a manner which reflects the number of taxicabs or limousines, as appropriate, operated by each certificate holder during the 5 years immediately preceding the date of establishment of the system of allocations by the taxicab authority in the county.

3. Whenever circumstances require an increase in the existing allocations [, the] in addition to the automatic increases in allocations provided by section 15 of this act, a taxicab authority shall allocate the additional taxicabs or limousines, as appropriate, equally among all the certificate holders who apply from the area to be affected by the allocation.

4. Unless a certificate holder puts the additionally allocated taxicabs or limousines, as appropriate, into service within 30 days after the effective date of the increased allocation, the increased allocation to that certificate holder is void.

5. [The] A taxicab authority may attach to the exercise of the rights granted by the allocation any terms and conditions which in its judgment the public interest may require. The taxicab authority may limit:

If a limitation is placed on an allocation, taxicabs or limousines, as appropriate, must be marked in a distinctive manner that indicates the limitation.

6. [The] A taxicab authority shall review annually:

(a) The existing allocation of taxicabs [;] and limousines; and

2. Whenever circumstances require a temporary increase in the number of taxicabs or limousines subject to its jurisdiction allocated pursuant to NRS 706.8824, [the] a taxicab authority shall allocate the temporary increase equally among the certificate holders who are taxicab motor carriers or limousine motor carriers, as appropriate, subject to the jurisdiction of the taxicab authority in the area to be affected by the allocation.

3. [The] A taxicab authority shall determine:

(a) The number of additional taxicabs or limousines to be allocated;

(b) The hours of operation of the additional taxicabs [;] or limousines; and

2. Except as otherwise provided in this section, all fees collected pursuant to NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, must be deposited with the state treasurer to the credit of the appropriate taxicab authority regulatory fund . [, which is hereby created as a special revenue fund.] The transactions for each county that is subject to [those sections] the jurisdiction of a taxicab authority must be accounted for separately within the appropriate fund.

[2.] 3. The interest and income earned on the money in [the] a fund, after deducting any applicable charges, must be credited to the fund.

[3.] 4. Money collected by a taxicab authority for a fine or penalty that is imposed on a taxicab motor carrier or limousine motor carrier by the taxicab authority must be deposited into the state general fund.

5. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs and limousines in the county or the city, respectively, making the deposit under that subsection.

[4.] 6. The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby appropriated to defray the cost of regulating taxicabs and limousines in the county in which the certificate holder operates a taxicab or limousine business.

[5.] 7. Any balance remaining in [the] a taxicab authority regulatory fund does not revert to the state general fund. The administrator of a taxicab authority may transfer to the aging services division of the department of human resources any balance over $200,000 and any interest earned on the [fund,] taxicab authority regulatory fund for that taxicab authority, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly and the permanently handicapped in taxicabs. The money transferred to the aging services division must be administered in accordance with regulations adopted by the administrator of the aging services division pursuant to NRS 427A.070.

(a) Holds a certificate of public convenience and necessity from the previously exiting public service commission of Nevada issued before July 1, 1981, which has not been transferred, revoked or suspended by [the] a taxicab authority; [or]

(b) Holds a certificate of public necessity of public convenience and necessity from the transportation services authority issued before July 1, 1999, which has not been transferred, revoked or suspended by a taxicab authority; or

(c) Currently holds a certificate of public convenience and necessity from [the] a taxicab authority as provided in this section.

2. Upon the filing of an application for a certificate of public convenience and necessity, the taxicab authority with which the application was filed shall fix a time and place for a hearing thereon. The taxicab authority shall issue the certificate if it finds that:

(a) The applicant is fit, willing and able to perform the services of a taxicab motor carrier [;] or a limousine motor carrier;

(e) The proposed service will benefit the public and the taxicab or limousine business , as appropriate, in the territory to be served.

4. The applicant must submit an application fee of $200, which must not be refunded, with his application. The applicant must also pay those amounts which are billed to him by the taxicab authority for reasonable costs incurred by it in conducting an investigation or hearing regarding the applicant.

5. [The] A taxicab authority may attach to the exercise of the rights granted by the certificate any terms and conditions which in its judgment the public interest may require.

6. [The] A taxicab authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice of the hearing, no protest against the granting of the certificate has been filed by or on behalf of any person.

(a) Kept in a form prescribed by the taxicab authority [;] which has jurisdiction over the certificate holder;

2. [The] A taxicab authority may examine the books, accounts, records, minutes and papers of a certificate holder at any reasonable time to determine their correctness and whether they are maintained in accordance with the regulations adopted by the taxicab authority.

(a) A record of the make and serial number of each taxicab [;] and limousine;

(b) A maintenance record for each taxicab [;] and limousine; and

2. The] which has jurisdiction over the certificate holder.

2. [Any] Except as otherwise provided in this section, any vehicle which a certificate holder acquires for use as a taxicab must:

2. The administrator of a taxicab authority shall approve the types of taximeters which may be used on a taxicab [.] subject to the jurisdiction of the taxicab authority. All such taximeters must conform to a 2-percent plus or minus tolerance on the fare recording, must be equipped with a signal device plainly visible from outside of the taxicab, must be equipped with a device which records fares and is plainly visible to the passenger and must register upon plainly visible counters the following items:

3. The administrator of a taxicab authority shall inspect each taximeter before its use in a taxicab subject to the jurisdiction of the taxicab authority, and shall, if the taximeter conforms to the standards specified in subsection 2, seal the taximeter.

13. [The] If the vehicle is a taxicab, the taximeter is working properly, is not disconnected and has its covers and gears intact.

3. [The] If the vehicle is a taxicab, the vehicle does not have shades or curtains which can be manipulated to shield the occupants or driver from exterior observation or to obstruct vision through the rear view windows.

2. If the administrator finds that a taxicab or limousine is in a condition which violates NRS 706.8837, he shall remove the vehicle from service, [shall] place an out-of-service sticker on the windshield and [shall] notify the certificate holder of the defect. The vehicle [shall] must remain out of service until the defect has been remedied and the administrator upon reinspection has approved the vehicle and removed the out-of-service sticker.

(c) Proves that the vehicle meets all required standards of the taxicab authority; and

(3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab or limousine in this state.

(c) A driver’s permit issued by the administrator pursuant to rules and regulations of the appropriate taxicab authority.

2. Subsection 1 does not apply if the driver can show [beyond a reasonable doubt] to the satisfaction of the taxicab authority which has jurisdiction over the driver that:

2. [The] A taxicab authority or its 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 [,] by the taxicab authority or administrator, 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, and sections 12 to 21, inclusive, of this act, 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, and sections 12 to 21, inclusive, of this act, 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 its administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.

4. Any person who operates or permits a taxicab or limousine 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.