motor carrier pursuant to the uniform program as the base state of the

motor carrier.

or more motor vehicles used to transport a hazardous material.

reciprocal agreement with this state to participate in the uniform

program.

obtain a permit for the transportation of hazardous materials pursuant to

the uniform program.

pursuant to 49 U.S.C. § 5119 to regulate the transportation of hazardous

materials.

this state in the uniform program. The regulations adopted pursuant to

this section must be consistent with, and equivalent in scope, coverage

and content to:

1. Except as otherwise provided in subsection 2, the

recommendations contained in the final report of the working group

established pursuant to 49 U.S.C. § 5119; or

2. If the Secretary of Transportation prescribes regulations pursuant

to 49 U.S.C. § 5119, the regulations of the Secretary of Transportation.

transporting a hazardous material upon a public highway of this state, a

motor carrier shall register with and obtain a permit for the

transportation of hazardous materials:

1. From the department; o

r

2. If the motor carrier has designated another participating state as

its base state pursuant to the uniform program, from the base state.

who is required to register with and obtain a permit from the department

pursuant to section 8 of this act:

1. Except as otherwise provided in subsection 2, is not required to

provide on a uniform application any information required solely from a

motor carrier who transports hazardous waste.

2. For the transportation of any radioactive waste must provide all

the information required on a uniform application, including any

information required solely from a motor carrier who transports

hazardous waste.

required by federal law, the following information is confidential when

provided to the department on a uniform application:

subsidiary of a motor carrier.

statement of income of a motor carrier.

(d) Any information regarding the liability of a motor carrier for any

debts.

(e) Any information regarding the customers of a motor carrier,

including the services provided to specific customers.

2. The department may, to the extent required for the administration

of the uniform program, disclose any information described in

subsection 1 to:

(a) An appropriate agency of the Federal Government or a

participating state; or

(b) A national repository established to assist in the administration of

the uniform program.

department shall immediately suspend or revoke the registration and

permit for the transportation of hazardous materials, or deny the

approval of an application for such a registration and permit, by a motor

carrier who:

(a) Knowingly makes a materially false or misleading statement on

the application for the registration and permit;

(b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R.

Part 385;

(c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;

(d) Does not maintain the financial responsibility for liability required

pursuant to 49 C.F.R. Part 387 and the laws of this state;

(e) Knowingly uses a forged certificate of registration or permit for

the transportation of hazardous materials;

(f) Knowingly allows the use of his registration or permit for the

transportation of hazardous materials by any person other than an agent

or employee of the motor carrier; or

(g) Is convicted of a serious violation or repeated violations of the

laws of this state for the regulation of common, contract or private motor

carriers of property.

2. Upon taking any action pursuant to subsection 1, the department

shall:

(a) Notify the motor carrier, by certified mail, of the reasons for its

action and of any action the motor carrier may take to obtain the

reinstatement of his registration and permit or the approval of his

application; and

(b) Provide the motor carrier with an opportunity for a fair and

impartial hearing on the matter.

pursuant to section 8 of this act to a common, contract or private motor

carrier of property who is seeking to transport radioactive waste upon a

public highway of this state without first determining that the carrier

transporting the waste is in compliance and will continue to comply with

all laws and regulations of this state and the Federal Government

respecting the handling and transportation of radioactive waste and the

safety of drivers and vehicles.

2. Any common, contract or private motor carrier of property who

maintains his books and records outside of this state must, in addition to

any other assessments and fees provided by law, be assessed by the

department for an amount equal to the travel expenses, including the

excess of the out-of-state subsistence allowances over the in-state

subsistence allowances, as fixed by NRS 281.160, of employees of the

department for investigations, inspections and audits which may be

required to be performed outside of this state in carrying out the

provisions of subsection 1.

3. The assessment provided for in subsection 2 must be determined

by the department upon the completion of each such investigation,

inspection or audit and is due within 30 days after the date on which the

affected common, contract or private motor carrier receives the

assessment. The records of the department relating to the additional costs

incurred by reason of necessary travel must be open for inspection by the

affected carrier at any time within the 30-day period.

property shall not transport any high-level radioactive waste or spent

nuclear fuel upon a public highway of this state unless:

in a package that has been approved for that purpose pursuant to 10

C.F.R. Part 71; and

and 10 C.F.R. Part 73 requiring the advance notification of the governor

of this state or his designee.

10 C.F.R. § 72.3.

72.3.

authorized agent of the department may:

(a) Conduct any examination or inspection of a motor vehicle or

facility;

(b) Conduct any investigation, audit or other review; and

(c) Inspect and electronically reproduce any record, document or

other evidentiary material,

as is necessary to determine the applicability of the provisions of NRS

459.708 to 459.725, inclusive, sections 2 to 17, inclusive, of this act and

any regulations adopted pursuant thereto, to any person or motor

vehicle, and to determine whether the person or motor vehicle is in

compliance therewith.

2. The director shall adopt regulations governing the inspection of

vehicles pursuant to subsection 1 based on standards adopted by a

nonprofit organization comprised of representatives from private

industry, state agencies, agencies of the Federal Government and other

governmental agencies, which is dedicated to improving the safety of

commercial vehicles.

a hazardous material which is involved in an accident or incident

occurring during the transportation of the hazardous material by motor

carrier, including any accident or incident occurring during any loading,

unloading or temporary storage of the hazardous material while it is

subject to active shipping papers and before it has reached its ultimate

consignee, shall notify the division as soon as practicable if, as a result of

the hazardous material:

(a) A person is killed;

(b) A person receives injuries that require hospitalization;

(c) Any damage to property exceeds $50,000;

(d) There is an evacuation of the general public for 1 hour or more;

(e) One or more major transportation routes or facilities are closed or

shut down for 1 hour or more;

(f) There is an alteration in the operational flight pattern or routine of

any aircraft;

(g) Any radioactive contamination is suspected;

(h) Any contamination by an infectious substance is suspected;

(i) There is a release of a liquid marine pollutant in excess of 450

liters or a solid marine pollutant in excess of 400 kilograms; or

(j) Any situation exists at the site of the accident or incident which, in

the judgment of the person responsible for the care, custody or control of

the hazardous material, should be reported to the division.

2. The notification required pursuant to this section must include:

(a) The name of the person providing the notification;

(b) The name and address of the motor carrier represented by that

person;

(c) The telephone number where that person can be contacted;

(d) The date, time and location of the accident or incident;

(e) The extent of any injuries;

(f) The classification, name and quantity of the hazardous material

involved, if that information is available; and

(g) The type of accident or incident, the nature of the hazardous

material involved and whether there is a continuing danger to life at the

scene of the accident or incident.

3. A person may satisfy the requirements of this section by providing

the information specified in subsection 2 to the person who responds to a

telephone call placed to:

(a) The number 911 in an area where that number is used for

emergencies; or

(b) The number zero in an area where the number 911 is not used for

emergencies.

of NRS 459.708 to 459.725, inclusive, sections 2 to 17, inclusive, of this

act and the regulations adopted pursuant thereto do not apply to the

transportation of a hazardous material by any vehicle which is owned

and operated by the Federal Government, this state or any political

subdivision of this state.

provisions of NRS 459.708 to 459.725, inclusive, sections 2 to 17,

inclusive, of this act and the regulations adopted pursuant thereto

supersede and preempt any ordinance or regulation adopted by the

governing body of a political subdivision of this state governing the

transportation of a hazardous material upon a public highway of this

state.

2. The provisions of subsection 1 do not apply to any ordinance or

regulation:

(a) For the control of traffic generally; or

(b) Which is approved by the board of directors of the department of

transportation pursuant to paragraph (b) of subsection 3 of NRS

484.779.

department may, after providing written notice and an opportunity for a

fair and impartial hearing, impose a civil penalty, in an amount

determined pursuant to the schedule adopted by the director pursuant to

459.725, inclusive, and sections 2 to 17, inclusive, of this act, or the

regulations adopted pursuant thereto. The notice required by this section

must include the amount of the penalty and a description of the violation.

2. The director shall adopt a schedule of civil penalties for the

purposes of this section based on a schedule of recommended fines

adopted by a nonprofit organization comprised of representatives from

private industry, state agencies, agencies of the Federal Government and

other governmental agencies, which is dedicated to improving the safety

of commercial vehicles.

3. The department may bring an action to recover a civil penalty

imposed pursuant to this section and shall deposit any money collected

with the state treasurer for credit to the state highway fund.

1. substance or marine pollutant:

1. 1. Of a type and amount for which a vehicle transporting the

1. substance must be placarded pursuant to 49 C.F.R. Part 172;

1. 2. Of a type and amount for which a uniform hazardous waste

1. manifest is required pursuant to 40 C.F.R. Part 262; or

1. 3. Which is transported in bulk packaging, as defined in 49 C.F.R. §

1. 171.8.

1. (1) Any registration and permitting required to carry out the

1. uniform program; and

1. (2) Any other regulation pursuant to the provisions of NRS 459.708

1. to 459.725, inclusive, and sections 2 to 17, inclusive, of this act.

1. Money received by the department from the fees imposed pursuant to this

1. paragraph must be deposited with the state treasurer for credit to the

1. state highway fund and used only to carry out the provisions of NRS

1. 459.708 to 459.725, inclusive, and sections 2 to 17, inclusive, of this act.

1. 3. The director, on behalf of this state, may enter into any

1. agreements with:

1. (a) The Federal Government;

1. (b) Other states; and

1. (c) A national repository established to assist in the administration of

1. the uniform program,

1. as are appropriate for the administration of the uniform program.

4. Upon the presentation of budgets in the manner required by law,

money to support the operation of the commission pursuant to this

chapter, other than its provision of grants, must be provided by direct

legislative appropriation from the state highway fund to the contingency

account for hazardous materials.

1. required pursuant to section 8 of this act;

1. the department,