SB296

Senate Bill No. 296–Committee on Commerce and Labor

March 3, 1999

____________

Referred to Committee on Transportation

SUMMARY—Provides for certain deregulation of various motor carriers. (BDR 58-367)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to transportation; providing for certain deregulation of tow cars, buses, and common motor carriers that are not carriers of household goods; transferring the responsibility for the administration of certain provisions relating to liability insurance from the transportation services authority to the department of motor vehicles and public safety; and providing other matters properly relating thereto.

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

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

1-2 the provisions set forth as sections 2 to 6, inclusive, of this act.

1-3 Sec. 2. "Carrier of household goods" means a motor carrier that

1-4 engages in the business of the transportation of household goods.

1-5 Sec. 3. "Limousine motor carrier" means a person who operates a

1-6 livery limousine or traditional limousine.

1-7 Sec. 4. "Livery limousine" means a motor vehicle that:

1-8 1. At the time of its manufacture, was a light truck, as that term is

1-9 defined in 49 C.F.R. § 523.5 as that section existed on January 1, 1999;

1-10 2. Has a capacity of 9 or more persons but less than 16 persons,

1-11 including the driver; and

1-12 3. Is engaged in the general transportation of persons for

1-13 compensation and is not operated on a regular schedule or over regular

1-14 routes.

1-15 Sec. 5. "Traditional limousine" means a motor vehicle that is

1-16 engaged in the general transportation of persons for compensation and is

1-17 not operated on a regular schedule or over regular routes and which:

2-1 1. At the time of its manufacture, was a passenger automobile, as

2-2 that term is defined in 49 C.F.R. § 523.4 as that section existed on

2-3 January 1, 1999, and which was later modified to increase its length; or

2-4 2. Has a capacity of less than 9 persons, including the driver.

2-5 Sec. 6. All regulations, practices and service prescribed by the

2-6 authority must be enforced and are prima facie reasonable unless

2-7 suspended or found otherwise in an action brought for the purpose, or

2-8 until changed or modified by the authority itself upon satisfactory

2-9 showing made.

2-10 Sec. 7. NRS 706.011 is hereby amended to read as follows:

2-11 706.011 As used in NRS 706.013 to 706.791, inclusive, and sections 2

2-12 to 6, inclusive, of this act, unless the context otherwise requires, the words

2-13 and terms defined in NRS 706.013 to 706.146, inclusive, and sections 2 to

2-14 5, inclusive, of this act have the meanings ascribed to them in those

2-15 sections.

2-16 Sec. 8. NRS 706.013 is hereby amended to read as follows:

2-17 706.013 "Advertise" means the commercial use of any medium,

2-18 including, but not limited to, the radio or television, or a newspaper,

2-19 magazine, directory, sign or other printed matter, by a [~~common or~~

2-20 ~~contract]~~ taxicab motor carrier , limousine motor carrier or carrier of

2-21 household goods to bring the services of the carrier to the attention of

2-22 members of the general public.

2-23 Sec. 9. NRS 706.036 is hereby amended to read as follows:

2-24 706.036 "Common motor carrier" means any person or operator who

2-25 holds himself out to the public as willing to transport by vehicle from place

2-26 to place, either upon fixed route or on-call operations, passengers or

2-27 property, including a common motor carrier of passengers [,] and a

2-28 common motor carrier of property . [~~, and]~~ The term does not include a

2-29 taxicab motor carrier [.] , limousine motor carrier or carrier of household

2-30 goods.

2-31 Sec. 10. NRS 706.041 is hereby amended to read as follows:

2-32 706.041 "Common motor carrier of passengers" means any person or

2-33 operator [~~, including a taxicab motor carrier,]~~ who holds himself out to the

2-34 public as willing to transport by vehicle from place to place, either upon

2-35 fixed route or on-call operations, passengers or passengers and light

2-36 express for all who may choose to employ him. The term does not include

2-37 a taxicab motor carrier or limousine motor carrier.

2-38 Sec. 11. NRS 706.046 is hereby amended to read as follows:

2-39 706.046 "Common motor carrier of property" means any person or

2-40 operator, including a motor convoy carrier, who holds himself out to the

2-41 public as willing to transport by motor vehicle from place to place, either

2-42 upon fixed route or on-call operations, the property of all who may choose

2-43 to employ him. The term does not include a carrier of household goods.

3-1 Sec. 12. NRS 706.051 is hereby amended to read as follows:

3-2 706.051 "Contract motor carrier" means any person or operator

3-3 engaged in transportation by motor vehicle of passengers or household

3-4 goods for compensation pursuant to continuing contracts with one person

3-5 or a limited number of persons:

3-6 1. For the furnishing of transportation services through the assignment

3-7 of motor vehicles for a continuing period [~~of time]~~ to the exclusive use of

3-8 each person served;

3-9 2. For the furnishing of transportation services designed to meet the

3-10 distinct need of each individual customer; and

3-11 3. Not operating as a common motor carrier of passengers or property

3-12 [.] , or as a taxicab motor carrier or limousine motor carrier.

3-13 Sec. 13. NRS 706.124 is hereby amended to read as follows:

3-14 706.124 1. "Taxicab" means a vehicle which is not operated over a

3-15 fixed route, is designed or constructed to accommodate and transport not

3-16 more than six passengers, including the driver, and is:

3-17 [~~1.]~~ (a) Fitted with a taximeter or has some other device, method or

3-18 system to indicate and determine the passenger fare charged for the

3-19 distance traveled;

3-20 [~~2.]~~ (b) Used in the transportation of passengers or light express, or

3-21 both, for which a charge or fee is received; or

3-22 [~~3.]~~ (c) Operated in any service which is held out to the public as being

3-23 available for the transportation of passengers from place to place in the

3-24 State of Nevada.

3-25 2. The term does not include a motor vehicle of:

3-26 (a) A common motor carrier;

3-27 (b) A contract motor carrier;

3-28 (c) An employer who operates the vehicle for the transportation of his

3-29 employees, whether or not the employees pay for the transportation;

3-30 (d) An operator of a bus service; or

3-31 (e) A limousine motor carrier.

3-32 Sec. 14. NRS 706.151 is hereby amended to read as follows:

3-33 706.151 1. It is hereby declared to be the purpose and policy of the

3-34 legislature in enacting this chapter:

3-35 (a) Except to the extent otherwise provided in NRS 706.881 to 706.885,

3-36 inclusive, to confer upon the authority the power and to make it the duty of

3-37 the authority to regulate [~~fully regulated carriers, operators of tow cars and~~

3-38 ~~brokers of regulated services]~~ taxicab motor carriers, limousine motor

3-39 carriers and carriers of household goods to the extent provided in this

3-40 chapter , and to confer upon the department the power to license all motor

3-41 carriers and to make it the duty of the department to enforce the provisions

3-42 of this chapter and the regulations adopted by the authority pursuant [~~to it,]~~

4-1 thereto, to relieve the undue burdens on the highways arising by reason of

4-2 the use of the highways by vehicles in a gainful occupation thereon.

4-3 (b) To provide for reasonable compensation for the use of the highways

4-4 in gainful occupations, and enable the State of Nevada, by using license

4-5 fees, to provide for the proper construction, maintenance and repair thereof,

4-6 and thereby protect the safety and welfare of the traveling and shipping

4-7 public in their use of the highways.

4-8 (c) To provide for fair and impartial regulation, to promote safe,

4-9 adequate, economical and efficient service and to foster sound economic

4-10 conditions in motor transportation.

4-11 (d) To encourage the establishment and maintenance of reasonable

4-12 charges for [:

4-13 ~~(1) Intrastate transportation by fully regulated carriers; and~~

4-14 ~~(2) Towing services performed without the prior consent of the owner~~

4-15 ~~of the vehicle or the person authorized by the owner to operate the vehicle,]~~

4-16 the transportation of passengers by taxicab motor carriers and limousine

4-17 motor carriers, and the transportation of household goods by carriers of

4-18 household goods, without unjust discriminations against or undue

4-19 preferences or advantages being given to any taxicab motor carrier ,

4-20 limousine motor carrier or carrier of household goods, or applicant for a

4-21 certificate of public convenience and necessity.

4-22 (e) To discourage any practices which would tend to increase or create

4-23 competition that may be detrimental to the [~~traveling and shipping public or~~

4-24 ~~the motor carrier]~~ business of transporting passengers by a taxicab motor

4-25 carrier or limousine motor carrier, or transporting household goods by a

4-26 carrier of household goods, within this state.

4-27 2. All of the provisions of this chapter must be administered and

4-28 enforced with a view to carrying out the declaration of policy contained in

4-29 this section.

4-30 Sec. 15. NRS 706.1514 is hereby amended to read as follows:

4-31 706.1514 1. A majority of the members of the authority may exercise

4-32 all of the power and conduct the business of the authority relating to

4-33 [~~common or contract carriers, taxicabs,]~~ taxicab motor carriers, limousine

4-34 motor carriers, carriers of household goods and the warehousing of

4-35 household goods as provided in this chapter and chapter 712 of NRS.

4-36 2. Except as otherwise provided in this subsection, public hearings

4-37 must be conducted by one or more members of the authority. An

4-38 administrative proceeding conducted pursuant to subsection 2 of NRS

4-39 706.771 [~~may]~~ must be conducted by [a] an independent hearing officer

4-40 designated by the chairman of the authority.

4-41 Sec. 16. NRS 706.1515 is hereby amended to read as follows:

4-42 706.1515 1. Any [~~common or contract]~~ taxicab motor carrier ,

4-43 limousine motor carrier or carrier of household goods subject to the

5-1 jurisdiction of the authority that elects to maintain its books and records

5-2 outside the State of Nevada [~~shall,]~~ must, in addition to any other

5-3 assessment and fees provided for by law, be assessed by the authority for an

5-4 amount equal to the travel expenses and the excess of the out-of-state

5-5 subsistence allowances over the in-state subsistence allowances, as fixed by

5-6 NRS 281.160, of members of the authority and staff, for investigations,

5-7 inspections and audits required to be performed outside this state.

5-8 2. The assessments provided for by this section must be determined by

5-9 the authority upon the completion of each such investigation, inspection,

5-10 audit or appearance and are due within 30 days after receipt by the affected

5-11 [~~common or contract]~~ taxicab motor carrier , limousine motor carrier or

5-12 carrier of household goods of the notice of assessment.

5-13 3. The records of the authority relating to the additional costs incurred

5-14 by reason of the necessary additional travel must be open for inspection by

5-15 the affected [~~common or contract]~~ taxicab motor carrier , limousine motor

5-16 carrier or carrier of household goods at any time within the 30-day period.

5-17 Sec. 17. NRS 706.156 is hereby amended to read as follows:

5-18 706.156 [~~1. All common and contract motor carriers and brokers]~~ All

5-19 taxicab motor carriers, limousine motor carriers and carriers of

5-20 household goods are hereby declared to be, to the extent provided in this

5-21 chapter:

5-22 [~~(a)]~~ 1. Affected with a public interest; and

5-23 [~~(b)]~~ 2. Subject to NRS 706.011 to 706.791, inclusive [.

5-24 ~~2. A purchaser or broker of transportation services which are provided~~

5-25 ~~by a common motor carrier who holds a certificate of public convenience~~

5-26 ~~and necessity may resell those services, in combination with other services~~

5-27 ~~and facilities that are not related to transportation, but only in a manner~~

5-28 ~~complying with the scope of authority set forth in the certificate of the~~

5-29 ~~common motor carrier. The authority shall not prohibit or restrict such a~~

5-30 ~~purchaser or broker from reselling those transportation services to any~~

5-31 ~~person based upon that person’s affiliation, or lack of affiliation, with any~~

5-32 ~~group.]~~ , and sections 2 to 6, inclusive, of this act.

5-33 Sec. 18. NRS 706.166 is hereby amended to read as follows:

5-34 706.166 The authority shall:

5-35 1. [~~Subject to the limitation provided in NRS 706.168 and to]~~ To the

5-36 extent provided in this chapter, supervise and regulate [:

5-37 ~~(a) Every fully regulated carrier and broker of regulated services]~~ each

5-38 taxicab motor carrier, limousine motor carrier and carrier of household

5-39 goods in this state in all matters directly related to [~~those]~~ the activities of

5-40 the taxicab motor carrier [~~and broker]~~ , limousine motor carrier or carrier

5-41 of household goods actually necessary for the transportation of persons or

5-42 property, including the handling and storage of that property, over and

5-43 along the highways.

6-1 [~~(b) Every operator of a tow car concerning the rates and charges~~

6-2 ~~assessed for towing services performed without the prior consent of the~~

6-3 ~~operator of the vehicle or the person authorized by the owner to operate the~~

6-4 ~~vehicle and pursuant to the provisions of NRS 706.011 to 706.791,~~

6-5 ~~inclusive.]~~

6-6 2. Supervise and regulate the storage of household goods and effects in

6-7 warehouses and the operation and maintenance of such warehouses in

6-8 accordance with the provisions of this chapter and chapter 712 of NRS.

6-9 3. Enforce the standards of safety applicable to the employees,

6-10 equipment, facilities and operations of [~~those common and contract carriers~~

6-11 ~~subject to the authority or the department]~~ taxicab motor carriers,

6-12 limousine motor carriers and carriers of household goods by:

6-13 (a) Providing training in safety;

6-14 (b) Reviewing and observing the programs or inspections of [~~the carrier]~~

6-15 taxicab motor carriers, limousine motor carriers and carriers of

6-16 household goods relating to safety; and

6-17 (c) Conducting inspections relating to safety . [~~at the operating terminals~~

6-18 ~~of the carrier.]~~

6-19 4. To carry out the policies expressed in NRS 706.151, adopt

6-20 regulations providing for agreements between two or more [~~fully regulated~~

6-21 ~~carriers or two or more operators of tow cars]~~ carriers of household goods

6-22 relating to:

6-23 (a) Fares ; [~~of fully regulated carriers;~~

6-24 ~~(b) All rates of fully regulated carriers and rates of operators of tow cars~~

6-25 ~~for towing services performed without the prior consent of the owner of the~~

6-26 ~~vehicle or the person authorized by the owner to operate the vehicle;]~~

6-27 (b) Rates;

6-28 (c) Classifications;

6-29 (d) Divisions;

6-30 (e) Allowances; and

6-31 (f) All charges of [~~fully regulated carriers and charges of operators of~~

6-32 ~~tow cars for towing services performed without the prior consent of the~~

6-33 ~~owner of the vehicle or the person authorized by the owner to operate the~~

6-34 ~~vehicle,]~~ carriers of household goods, including charges between carriers

6-35 and compensation paid or received for the use of facilities and
6-36 equipment.

6-37 These regulations may not provide for collective agreements which restrain

6-38 any party from taking free and independent action.

6-39 5. Review decisions of the taxicab authority appealed to the

6-40 transportation services authority pursuant to NRS 706.8819.

7-1 Sec. 19. NRS 706.167 is hereby amended to read as follows:

7-2 706.167 1. Each [~~fully regulated carrier, operator of a tow car and~~

7-3 ~~common or contract]~~ taxicab motor carrier , limousine motor carrier and

7-4 carrier of household goods regulated by the authority shall:

7-5 (a) Keep uniform and detailed accounts of all business transacted in the

7-6 manner required by the authority by regulation and render them to the

7-7 authority upon its request.

7-8 (b) Furnish an annual report to the authority in the form and detail that it

7-9 prescribes by regulation.

7-10 [~~The regulations of the authority may not require an operator of a tow car to~~

7-11 ~~keep accounts and report information concerning towing services other than~~

7-12 ~~information that is necessary to permit the authority to enforce the~~

7-13 ~~provisions of NRS 706.011 to 706.791, inclusive.]~~

7-14 2. Except as otherwise provided in subsection 3, the reports required

7-15 by this section must be prepared for each calendar year and submitted not

7-16 later than May 15 of the year following the year for which the report is

7-17 submitted.

7-18 3. A taxicab motor carrier , limousine motor carrier or carrier of

7-19 household goods may, with the permission of the authority, prepare the

7-20 reports required by this section for a year other than a calendar year that the

7-21 authority specifies and submit them not later than a date specified by the

7-22 authority in each year.

7-23 4. If the authority finds that necessary information is not contained in a

7-24 report submitted pursuant to this section, it may call for the omitted

7-25 information at any time.

7-26 Sec. 20. NRS 706.169 is hereby amended to read as follows:

7-27 706.169 The department shall [:

7-28 ~~1. Regulate the activities of common and contract carriers of property~~

7-29 ~~other than fully regulated carriers and operators of tow cars.~~

7-30 ~~2. Regulate]~~ regulate the licensing of private motor carriers of property

7-31 used for private commercial enterprises on any highway in this state.

7-32 Sec. 21. NRS 706.171 is hereby amended to read as follows:

7-33 706.171 1. The [~~authority and the]~~ department may:

7-34 (a) Make necessary and reasonable regulations governing the

7-35 administration and enforcement of the provisions of this chapter for which

7-36 [~~they are each]~~ the department is responsible.

7-37 (b) Adopt by reference any appropriate rule or regulation, as it exists at

7-38 the time of adoption, issued by the United States Department of

7-39 Transportation, the Surface Transportation Board, any other agency of the

7-40 Federal Government, or the National Association of Regulatory Utility

7-41 Commissioners.

8-1 (c) Require such reports and the maintenance of such records as [~~they~~

8-2 ~~determine]~~ the department determines to be necessary for the

8-3 administration and enforcement of this chapter.

8-4 (d) Except as otherwise provided in this section, examine, at any time

8-5 during the business hours of the day, the books, papers and records of any

8-6 [~~fully regulated carrier, and of any other]~~ common, contract or private

8-7 motor carrier , taxicab motor carrier, limousine motor carrier or carrier

8-8 of household goods doing business in this state to the extent necessary for

8-9 [~~their respective duties. The authority and]~~ the department to carry out the

8-10 provisions of this chapter. The department may examine in other states or

8-11 require by subpoena the production inside this state of such books, papers

8-12 and records as are not maintained in this state.

8-13 (e) Temporarily waive any requirement for a [~~certificate or permit]~~

8-14 license when an emergency exists as defined in NRS 706.561.

8-15 2. No personnel records of an employee of a [~~fully regulated carrier, or~~

8-16 ~~of any other]~~ common, contract or private motor carrier , taxicab motor

8-17 carrier, limousine motor carrier or carrier of household goods may be

8-18 examined pursuant to paragraph (d) of subsection 1 unless the records

8-19 contain information relating to a matter of public safety or [~~the authority~~

8-20 ~~and]~~ the department [~~determine]~~ determines that the examination is

8-21 required to protect the interests of the public.

8-22 3. The department may adopt regulations to ensure the payment of any

8-23 fee due or authorized pursuant to the provisions of this chapter.

8-24 4. As used in this section, "personnel records" does not include:

8-25 (a) The name of the employee who is the subject of the record;

8-26 (b) The gross compensation and perquisites of the employee;

8-27 (c) Any record of the business expenses of the employee;

8-28 (d) The title or any description of the position held by the employee;

8-29 (e) The qualifications required for the position held by the employee;

8-30 (f) The business address of the employee;

8-31 (g) The telephone number of the employee at his place of business;

8-32 (h) The work schedule of the employee;

8-33 (i) The date on which the employee began his employment; and

8-34 (j) If applicable, the date on which the employment of the employee was

8-35 terminated.

8-36 Sec. 22. NRS 706.1717 is hereby amended to read as follows:

8-37 706.1717 The authority may, in carrying out its duties:

8-38 1. Cooperate with the Federal Government and its departments and

8-39 agencies.

8-40 2. Confer with the regulatory agencies of other states on matters of

8-41 mutual concern and benefit to persons served by taxicab motor carriers ,

8-42 limousine motor carriers and carriers of household goods of this state.

9-1 3. Use the services, records, facilities and cooperation of federal and

9-2 state regulatory agencies, and hold joint hearings and participate in joint

9-3 conferences to reach decisions in matters that require cooperation. All

9-4 necessary expenses incurred in attending hearings and conferences outside

9-5 this state are a charge against the state and must be audited and paid as

9-6 other claims against the state are paid.

9-7 Sec. 23. NRS 706.172 is hereby amended to read as follows:

9-8 706.172 1. The authority may:

9-9 (a) Make necessary and reasonable regulations governing the

9-10 administration and enforcement of the provisions of this chapter for

9-11 which the authority is responsible.

9-12 (b) Require such reports and the maintenance of such records as the

9-13 authority determines to be necessary for the administration and

9-14 enforcement of this chapter.

9-15 (c) Temporarily waive any requirement for a certificate or permit

9-16 when an emergency exists as defined in NRS 706.561.

9-17 2. Except as otherwise provided in subsection [~~2,]~~ 3, any member of

9-18 the authority or any officer or employee of the authority who is designated

9-19 by the authority may examine during the regular business hours the books,

9-20 accounts, records, minutes, papers and property of any person who is

9-21 regulated by the authority . [~~and who does business in this state, whether or~~

9-22 ~~not the book, account, record, minutes, paper or property is located within~~

9-23 ~~this state.~~

9-24 ~~2.]~~ The authority may examine in other states or require by subpoena

9-25 the production inside this state of any such books, accounts, records,

9-26 minutes, papers and property that are not maintained in this state.

9-27 3. No personnel records of an employee may be examined pursuant to

9-28 subsection [1] 2 unless the records contain information relating to a matter

9-29 of public safety or the authority determines that the examination is required

9-30 to protect the interests of the public.

9-31 [~~3.]~~ 4. As used in this section, "personnel records" does not include:

9-32 (a) The name of the employee who is the subject of the record;

9-33 (b) The gross compensation and perquisites of the employee;

9-34 (c) Any record of the business expenses of the employee;

9-35 (d) The title or any description of the position held by the employee;

9-36 (e) The qualifications required for the position held by the employee;

9-37 (f) The business address of the employee;

9-38 (g) The telephone number of the employee at his place of business;

9-39 (h) The work schedule of the employee;

9-40 (i) The date on which the employee began his employment; and

9-41 (j) If applicable, the date on which the employment of the employee was

9-42 terminated.

10-1 Sec. 24. NRS 706.173 is hereby amended to read as follows:

10-2 706.173 1. The authority or the department may, by regulation

10-3 applicable to [~~common, contract and private]~~ taxicab motor carriers [of

10-4 ~~passengers and property,]~~ , limousine motor carriers and carriers of

10-5 household goods, adopt standards for safety for drivers and vehicles.

10-6 2. The department may, by regulation applicable to common,

10-7 contract and private motor carriers of passengers or property, or both,

10-8 adopt standards for safety for drivers and vehicles.

10-9 3. The department may, by regulation applicable to all motor vehicles

10-10 transporting hazardous materials, adopt standards for the transportation of

10-11 hazardous materials and hazardous waste as defined in NRS 459.430.

10-12 Sec. 25. NRS 706.197 is hereby amended to read as follows:

10-13 706.197 1. The authority may collect fees for the filing of any official

10-14 document required by this chapter or by a regulation of the authority [.] to

10-15 be filed with the authority.

10-16 2. Filing fees may not exceed:

10-17 (a) For applications, $200.

10-18 (b) For petitions seeking affirmative relief, $200.

10-19 (c) For each tariff page that requires public notice and is not attached to

10-20 an application, $10. If more than one page is filed at one time, the total fee

10-21 may not exceed the cost of notice and publication.

10-22 (d) For all other documents that require public notice, $10.

10-23 3. If an application or other document is rejected by the authority

10-24 because it is inadequate or inappropriate, the filing fee must be returned.

10-25 4. The authority may not charge any fee for filing a complaint.

10-26 Sec. 26. NRS 706.226 is hereby amended to read as follows:

10-27 706.226 No common, contract or private motor carrier , taxicab motor

10-28 carrier, limousine motor carrier or carrier of household goods may

10-29 operate on any highway [~~nor any broker of regulated services engage in~~

10-30 ~~business]~~ in this state except in accordance with the provisions of this

10-31 chapter.

10-32 Sec. 27. NRS 706.246 is hereby amended to read as follows:

10-33 706.246 Except as otherwise provided in NRS 706.235:

10-34 1. A common or contract motor carrier , taxicab motor carrier,

10-35 limousine motor carrier or carrier of household goods shall not permit or

10-36 require a driver to drive [~~or tow]~~ any vehicle revealed by inspection or

10-37 operation to be in such condition that its operation would be hazardous or

10-38 likely to result in a breakdown of the vehicle, and a driver shall not drive

10-39 [~~or tow]~~ any vehicle which by reason of its mechanical condition is so

10-40 imminently hazardous to operate as to be likely to cause an accident or a

10-41 breakdown of the vehicle. If, while any vehicle is being operated on a

10-42 highway, it is discovered to be in such an unsafe condition, it may be

10-43 continued in operation, except as further limited by subsection 2 [,] or 3,

11-1 only to the nearest place where repairs can safely be effected, and even that

11-2 operation may be conducted only if it is less hazardous to the public than

11-3 permitting the vehicle to remain on the highway.

11-4 2. A [~~common or contract motor carrier or private]~~ taxicab motor

11-5 carrier , limousine motor carrier or carrier of household goods shall not

11-6 permit or require a driver to drive , [~~or tow,]~~ and a driver shall not drive ,

11-7 [~~or tow,]~~ any vehicle which:

11-8 (a) By reason of its mechanical condition is so imminently hazardous to

11-9 operate as to be likely to cause an accident or a breakdown; and

11-10 (b) Has been declared "out of service" by an authorized employee of the

11-11 authority . [~~or the department.]~~

11-12 When the repairs have been made, the carrier shall so certify to the

11-13 authority [~~or the department, whichever agency declared the vehicle "out of~~

11-14 ~~service,"]~~ as required by the authority . [~~or the department.]~~

11-15 3. A common or contract motor carrier, private motor carrier,

11-16 taxicab motor carrier, limousine motor carrier or carrier of household

11-17 goods shall not permit or require a driver to drive, and a driver shall not

11-18 drive, any vehicle which:

11-19 (a) By reason of its mechanical condition is so imminently hazardous

11-20 to operate as to be likely to cause an accident or a breakdown; and

11-21 (b) Has been declared "out of service" by an authorized employee of

11-22 the department.

11-23 When the repairs have been made, the carrier shall so certify to the

11-24 department, as required by the department.

11-25 Sec. 28. NRS 706.251 is hereby amended to read as follows:

11-26 706.251 1. Every person operating a vehicle [~~used by any motor~~

11-27 ~~carrier]~~ under the jurisdiction of the authority shall forthwith report each

11-28 accident occurring on the public highway, wherein the vehicle may have

11-29 injured the person or property of some person other than the person or

11-30 property carried by the vehicle, to the sheriff or other peace officer of the

11-31 county where the accident occurred. If the accident immediately or

11-32 proximately causes death, the person in charge of the vehicle, or any officer

11-33 investigating the accident, shall furnish to the authority such detailed report

11-34 thereof as required by the authority.

11-35 2. All accident reports required in this section must be filed in the

11-36 office of the authority and there preserved. An accident report made as

11-37 required by this chapter, or any report of the authority made pursuant to any

11-38 accident investigation made by it, is not open to public inspection and must

11-39 not be disclosed to any person, except upon order of the authority. The

11-40 reports must not be admitted as evidence or used for any purpose in any

11-41 action for damages growing out of any matter mentioned in the accident

11-42 report or report of any such investigation.

12-1 Sec. 29. NRS 706.256 is hereby amended to read as follows:

12-2 706.256 The authority may, in the interest of safety or service, after

12-3 hearing:

12-4 1. Determine and order repairs of facilities of [~~common and contract~~

12-5 ~~motor carriers;]~~ taxicab motor carriers, limousine motor carriers and

12-6 carriers of household goods; and

12-7 2. Order the use of safety appliances by such carriers in the interest of

12-8 the public and employees.

12-9 Sec. 30. NRS 706.266 is hereby amended to read as follows:

12-10 706.266 It is unlawful for any [~~common, contract or private motor]~~

12-11 carrier of household goods to operate [~~as a motor carrier of intrastate~~

12-12 ~~commerce]~~ within this state without having furnished the authority the

12-13 following:

12-14 1. Where a person does not hold a certificate of public convenience

12-15 and necessity or a permit to operate as a [~~common or contract motor]~~

12-16 carrier of household goods in the State of Nevada, an affidavit certifying

12-17 that the person intends to operate as a private carrier.

12-18 2. Such other information as the authority may request.

12-19 Sec. 31. NRS 706.281 is hereby amended to read as follows:

12-20 706.281 [~~1.]~~ In addition to any identifying device provided for in this

12-21 chapter, each motor vehicle [~~within the provisions of NRS 706.011 to~~

12-22 ~~706.791, inclusive,]~~ under the jurisdiction of the authority must have the

12-23 name of the person or operator operating the vehicle prominently and

12-24 conspicuously displayed on both sides of the vehicle in such location, size

12-25 and style as may be specified by the authority. The display shall not be

12-26 deemed to be advertising for the purposes of NRS 706.285 unless

12-27 additional information about the operator is included.

12-28 [~~2. This section does not apply to motor vehicles:~~

12-29 ~~(a) Weighing 10,000 pounds or less operated by private carriers and not~~

12-30 ~~operated in combination with any other vehicle.~~

12-31 ~~(b) Operated by an employer for the transportation of his employees,~~

12-32 ~~whether or not the employees pay for the transportation.]~~

12-33 Sec. 32. NRS 706.282 is hereby amended to read as follows:

12-34 706.282 1. Each [~~fully regulated]~~ taxicab motor carrier , limousine

12-35 motor carrier and carrier of household goods that advertises its services

12-36 shall provide to the person who broadcasts, publishes, displays or

12-37 distributes that advertisement the name, street address and telephone

12-38 number of the natural person who requested the advertisement on behalf of

12-39 the [~~fully regulated carrier.]~~ taxicab motor carrier, limousine motor

12-40 carrier or carrier of household goods.

12-41 2. A person who broadcasts, publishes, displays or distributes the

12-42 advertisement of a [~~fully regulated]~~ taxicab motor carrier , limousine

12-43 motor carrier or carrier of household goods shall, within 3 days after he

13-1 receives a written request from the authority, provide to the authority the

13-2 name, street address and telephone number of the natural person who

13-3 requested the advertisement if such information is readily available.

13-4 Sec. 33. NRS 706.285 is hereby amended to read as follows:

13-5 706.285 All advertising by [:

13-6 ~~1. A fully regulated carrier of intrastate commerce; and~~

13-7 ~~2. An operator of a tow car,]~~ a taxicab motor carrier, limousine motor

13-8 carrier or carrier of household goods must include the number of the

13-9 certificate of public convenience and necessity or contract carrier’s permit ,

13-10 as appropriate, issued to him by the authority.

13-11 Sec. 34. NRS 706.286 is hereby amended to read as follows:

13-12 706.286 1. [~~When]~~ If a complaint is made against any [~~fully~~

13-13 ~~regulated carrier or operator of a tow car by any person,]~~ taxicab motor

13-14 carrier, limousine motor carrier or carrier of household goods that:

13-15 (a) Any of the rates, tolls, charges or schedules, or any joint rate or rates

13-16 assessed by [~~any fully regulated carrier or by any operator of a tow car for~~

13-17 ~~towing services performed without the prior consent of the owner of the~~

13-18 ~~vehicle or the person authorized by the owner to operate the vehicle]~~ the

13-19 carrier are in any respect unreasonable or unjustly discriminatory;

13-20 (b) [~~Any of the provisions of NRS 706.445 to 706.453, inclusive, have~~

13-21 ~~been violated;~~

13-22 ~~(c)]~~ Any regulation, measurement, practice or act directly relating to the

13-23 transportation of persons or property, including the handling and storage of

13-24 that property, by the carrier is, in any respect, unreasonable, insufficient or

13-25 unjustly discriminatory; or

13-26 [~~(d)]~~ (c) Any service is inadequate,

13-27 the authority shall investigate the complaint. After receiving the complaint,

13-28 the authority shall give a copy of it to the carrier [~~or operator of a tow car~~

13-29 ~~against whom]~~ against which the complaint [~~is]~~ was made. Within a

13-30 reasonable time thereafter, the carrier [~~or operator of a tow car]~~ shall

13-31 provide the authority with its written response to the complaint according to

13-32 the regulations of the authority.

13-33 2. If the authority determines that probable cause exists for the

13-34 complaint, it shall order a hearing thereof, give notice of the hearing and

13-35 conduct the hearing as it would any other hearing.

13-36 3. No order affecting a rate, toll, charge, schedule, regulation,

13-37 measurement, practice or act complained of may be entered without a

13-38 formal hearing unless the hearing is dispensed with as provided in NRS

13-39 706.2865.

13-40 Sec. 35. NRS 706.2865 is hereby amended to read as follows:

13-41 706.2865 1. When, in any matter pending before the authority, a

13-42 hearing is required by law, or is normally required by the authority, the

14-1 authority shall give notice of the pendency of the matter to all persons

14-2 entitled to notice of the hearing. The authority shall by regulation specify:

14-3 (a) The manner of giving notice; and

14-4 (b) Where not specified by law, the persons entitled to notice in each

14-5 type of proceeding.

14-6 2. Unless, within 10 days after the date of the notice of pendency, a

14-7 person entitled to notice of the hearing files with the authority a request that

14-8 the hearing be held, the authority may dispense with a hearing and act upon

14-9 the matter pending.

14-10 3. If a request for a hearing is filed, the authority shall give at least 10

14-11 days’ notice of the hearing.

14-12 [~~4. If an operator of a tow car files an application for a certificate of~~

14-13 ~~public convenience and necessity or an application to transfer a certificate~~

14-14 ~~of public convenience and necessity with the authority, the authority shall~~

14-15 ~~give notice pursuant to the provisions of subsection 1.]~~

14-16 Sec. 36. NRS 706.291 is hereby amended to read as follows:

14-17 706.291 1. The [~~authority shall require every fully regulated carrier~~

14-18 ~~and every operator of a tow car, within such time and in such amounts as~~

14-19 ~~the authority may designate, to file with the authority in a form required~~

14-20 ~~and approved by the authority a liability insurance policy, or a certificate of~~

14-21 ~~insurance in lieu thereof, or a bond of a surety company, or other surety, in~~

14-22 ~~such reasonable sum as the authority may deem necessary to protect~~

14-23 ~~adequately the interests of the public.~~

14-24 ~~2. The]~~ department shall require every [~~other]~~ common and contract

14-25 motor carrier , [~~and every]~~ private motor carrier, limousine motor carrier

14-26 and carrier of household goods, within such time and in such amounts as

14-27 the department may designate, to file with the department in a form

14-28 required and approved by the department a liability insurance policy, or a

14-29 certificate of insurance in lieu thereof, a bond of a surety company, or other

14-30 surety, in such reasonable sum as the department may deem necessary to

14-31 protect adequately the interests of the public. In determining the amount of

14-32 liability insurance or other surety required of a carrier pursuant to this

14-33 subsection, the department shall create a separate category for vehicles with

14-34 a manufacturer’s gross vehicle weight rating of less than 26,000 pounds and

14-35 impose a lesser requirement with respect to such vehicles.

14-36 [~~3.]~~ 2. The liability insurance policy or certificate, policy or bond of a

14-37 surety company or other surety must bind the obligors thereunder to pay the

14-38 compensation for injuries to persons or for loss or damage to property

14-39 resulting from the negligent operation of the carrier.

14-40 [~~4. The authority and the]~~

14-41 3. The department may [~~jointly]~~ prescribe by regulation the

14-42 [~~respective]~~ amounts and forms required by [~~subsections 1 and 2.]~~

14-43 subsection 1.

15-1 Sec. 37. NRS 706.296 is hereby amended to read as follows:

15-2 706.296 Every common and contract motor carrier who engages in

15-3 transportation intrastate and the collection of the purchase price of goods

15-4 sold by the shipper to the consignee shall provide a bond, to be filed with

15-5 the [~~authority,]~~ department, for the benefit of the shipper in an amount

15-6 which the [~~authority]~~ department deems reasonably sufficient as an

15-7 aggregate but not to exceed $1,000, to insure the shipper against any loss of

15-8 the [~~moneys]~~ money so collected by the carrier through misappropriation,

15-9 negligence or other defalcations.

15-10 Sec. 38. NRS 706.303 is hereby amended to read as follows:

15-11 706.303 The [~~authority]~~ department shall adopt regulations requiring

15-12 all operators of horse-drawn vehicles subject to [~~its]~~ the regulation and

15-13 supervision of the authority to maintain a contract of insurance against

15-14 liability for injury to persons and damage to property for each such vehicle.

15-15 The amounts of coverage required by the regulations:

15-16 1. Must not exceed a total of:

15-17 (a) For bodily injury to or the death of one person in any one accident,

15-18 $250,000;

15-19 (b) Subject to the limitations of paragraph (a), for bodily injury to or

15-20 death of two or more persons in any one accident, $500,000; and

15-21 (c) For injury to or destruction of property in any one accident, $50,000;

15-22 or

15-23 2. Must not exceed a combined single-limit for bodily injury to one or

15-24 more persons and for injury to or destruction of property in any one

15-25 accident, $500,000.

15-26 Sec. 39. NRS 706.305 is hereby amended to read as follows:

15-27 706.305 The [~~authority]~~ department shall adopt regulations requiring

15-28 all operators of taxicabs subject to [~~its]~~ the regulation and supervision of

15-29 the authority to maintain a contract of insurance against liability for injury

15-30 to persons and damage to property for each taxicab. The amounts of

15-31 coverage required by the regulations:

15-32 1. Must not exceed a total of:

15-33 (a) For bodily injury to or the death of one person in any one accident,

15-34 $250,000;

15-35 (b) Subject to the limitations of paragraph (a), for bodily injury to or

15-36 death of two or more persons in any one accident, $500,000; and

15-37 (c) For injury to or destruction of property in any one accident, $50,000;

15-38 or

15-39 2. Must not exceed a combined single-limit for bodily injury to one or

15-40 more persons and for injury to or destruction of property in any one

15-41 accident, $500,000.

16-1 Sec. 40. NRS 706.311 is hereby amended to read as follows:

16-2 706.311 1. [~~Except as otherwise provided in subsection 2, every~~

16-3 ~~common and contract]~~ Each taxicab motor carrier [~~is required to]~~ ,

16-4 limousine motor carrier and carrier of household goods shall furnish

16-5 reasonably adequate service and facilities, and all transportation charges

16-6 made by any such carrier must be just and reasonable.

16-7 2. [~~Every operator of a tow car is required to furnish reasonably~~

16-8 ~~adequate service and facilities, and all charges assessed for towing services~~

16-9 ~~performed without the prior consent of the owner of the vehicle or the~~

16-10 ~~person authorized by the owner to operate the vehicle must be just and~~

16-11 ~~reasonable.~~

16-12 ~~3.]~~ Every unjust and unreasonable charge for service by any such

16-13 carrier [~~or operator of a tow car]~~ is prohibited and shall be deemed to be

16-14 unlawful.

16-15 Sec. 41. NRS 706.321 is hereby amended to read as follows:

16-16 706.321 1. [~~Except as otherwise provided in subsection 2, every~~

16-17 ~~common or contract]~~ Each taxicab motor carrier , limousine motor carrier

16-18 and carrier of household goods shall file with the authority:

16-19 (a) Within a time to be fixed by the authority, [~~schedules and]~~ tariffs that

16-20 must:

16-21 (1) Be open to public inspection; and

16-22 (2) Include all rates, fares and charges which the carrier has

16-23 established and which are in force at the time of filing for any service

16-24 performed in connection therewith by any taxicab motor carrier ,

16-25 limousine motor carrier or carrier of household goods controlled and

16-26 operated by it.

16-27 (b) As a part of that schedule, all regulations of the taxicab motor

16-28 carrier , limousine motor carrier or carrier of household goods that in any

16-29 manner affect the rates or fares charged or to be charged for any service

16-30 and all regulations of the carrier that the carrier has adopted to comply with

16-31 the provisions of NRS 706.011 to 706.791, inclusive [.

16-32 ~~2. Every operator of a tow car shall file with the authority:~~

16-33 ~~(a) Within a time to be fixed by the authority, schedules and tariffs that~~

16-34 ~~must:~~

16-35 ~~(1) Be open to public inspection; and~~

16-36 ~~(2) Include all rates and charges for towing services performed~~

16-37 ~~without the prior consent of the owner of the vehicle or the person~~

16-38 ~~authorized by the owner to operate the vehicle which the operator has~~

16-39 ~~established and which are in force at the time of filing.~~

16-40 ~~(b) As a part of that schedule, all regulations of the operator of the tow~~

16-41 ~~car which in any manner affect the rates charged or to be charged for~~

16-42 ~~towing services performed without the prior consent of the owner of the~~

16-43 ~~vehicle or the person authorized by the owner to operate the vehicle and all~~

17-1 ~~regulations of the operator of the tow car that the operator has adopted to~~

17-2 ~~comply with the provisions of NRS 706.011 to 706.791, inclusive.~~

17-3 ~~3.]~~ , and sections 2 to 6, inclusive, of this act.

17-4 2. No changes may be made [~~in any schedule, including schedules of~~

17-5 ~~joint rates, or]~~ in the regulations affecting any rates or charges, except upon

17-6 30 days’ notice to the authority . [~~, and all those changes must be plainly~~

17-7 ~~indicated on any new schedules filed in lieu thereof 30 days before the time~~

17-8 ~~they are to take effect.]~~ The authority, upon application of any taxicab

17-9 motor carrier, limousine motor carrier or carrier of household goods,

17-10 may prescribe a shorter time within which changes may be made. The 30

17-11 days’ notice is not applicable when the taxicab motor carrier , limousine

17-12 motor carrier or carrier of household goods gives written notice to the

17-13 authority 10 days before the effective date of its participation in a tariff

17-14 bureau’s rates and tariffs, provided the rates and tariffs have been

17-15 previously filed with and approved by the authority.

17-16 [~~4.]~~ 3. The authority may at any time, upon its own motion, investigate

17-17 any of the rates, fares, charges, regulations, practices and services filed

17-18 pursuant to this section and, after hearing, by order, make such changes as

17-19 may be just and reasonable.

17-20 [~~5.]~~ 4. The authority may dispense with the hearing on any change

17-21 requested in rates, fares, charges, regulations, practices or service filed

17-22 pursuant to this section.

17-23 [~~6.]~~ 5. All rates, fares, charges, classifications and joint rates,

17-24 regulations, practices and services fixed by the authority are in force, and

17-25 are prima facie lawful, from the date of the order until changed or modified

17-26 by the authority, or pursuant to NRS 706.2883.

17-27 [~~7. All regulations, practices and service prescribed by the authority~~

17-28 ~~must be enforced and are prima facie reasonable unless suspended or found~~

17-29 ~~otherwise in an action brought for the purpose, or until changed or~~

17-30 ~~modified by the authority itself upon satisfactory showing made.]~~

17-31 Sec. 42. NRS 706.323 is hereby amended to read as follows:

17-32 706.323 1. Except as otherwise provided in subsection 2, the

17-33 authority may not investigate, suspend, revise or revoke any rate that is

17-34 subject to the approval of the authority pursuant to NRS 706.321 and

17-35 proposed by a [~~common motor carrier or contract]~~ taxicab motor carrier ,

17-36 limousine motor carrier or carrier of household goods because the rate is

17-37 too high or too low and therefore unreasonable if:

17-38 (a) The taxicab motor carrier , limousine motor carrier or carrier of

17-39 household goods notifies the authority that it wishes to have the rate

17-40 reviewed by the authority pursuant to this subsection; and

17-41 (b) The rate resulting from all increases or decreases within 1 year is not

17-42 more than 10 percent above or 10 percent below the rate in effect 1 year

17-43 before the effective date of the proposed rate.

18-1 2. This section does not limit the authority of the transportation

18-2 services authority to investigate, suspend, revise or revoke a proposed rate

18-3 if the rate would violate the provisions of NRS 706.151.

18-4 Sec. 43. NRS 706.326 is hereby amended to read as follows:

18-5 706.326 1. Whenever there is filed with the authority pursuant to

18-6 NRS 706.321 any schedule or tariff stating a new or revised individual or

18-7 joint rate, fare or charge, or any new or revised individual or joint

18-8 regulation or practice affecting any rate, fare or charge, or any schedule or

18-9 tariff resulting in a discontinuance, modification or restriction of service,

18-10 the authority may commence an investigation or, upon reasonable notice,

18-11 hold a hearing concerning the propriety of the rate, fare, charge,

18-12 classification, regulation, discontinuance, modification, restriction or

18-13 practice.

18-14 2. Pending the investigation or hearing and the decision thereon, the

18-15 authority, upon delivering to the [~~common or contract]~~ taxicab motor

18-16 carrier , limousine motor carrier or carrier of household goods affected

18-17 thereby a statement in writing of its reasons for the suspension, may

18-18 suspend the operation of the schedule or tariff and defer the use of the rate,

18-19 fare, charge, classification, regulation, discontinuance, modification,

18-20 restriction or practice, but not for a longer period than 150 days beyond the

18-21 [~~time]~~ date when the rate, fare, charge, classification, regulation,

18-22 discontinuance, modification, restriction or practice would otherwise go

18-23 into effect.

18-24 3. After full investigation or hearing, whether completed before or after

18-25 the date upon which the rate, fare, charge, classification, regulation,

18-26 discontinuance, modification, restriction or practice is to go into effect, the

18-27 authority may make such order in reference to the rate, fare, charge,

18-28 classification, regulation, discontinuance, modification, restriction or

18-29 practice as would be proper in a proceeding initiated after the rate, fare,

18-30 charge, classification, regulation, discontinuance, modification, restriction

18-31 or practice has become effective.

18-32 4. The authority shall determine whether it is necessary to hold a

18-33 hearing to consider the proposed change in any schedule stating a new or

18-34 revised individual or joint rate, fare or charge. In making that

18-35 determination, the authority shall consider all timely written protests, any

18-36 presentation the staff of the authority may desire to present, the application

18-37 and any other matters deemed relevant by the authority.

18-38 Sec. 44. NRS 706.341 is hereby amended to read as follows:

18-39 706.341 [~~1. An operator of a tow car shall, in the manner prescribed~~

18-40 ~~by the authority, notify the authority if the operator discontinues providing~~

18-41 ~~towing services from an operating terminal or establishes a new operating~~

18-42 ~~terminal from which a tow car provides towing services within 30 days~~

19-1 ~~after the operator discontinues providing towing services from an operating~~

19-2 ~~terminal or commences operations at the new terminal.~~

19-3 ~~2. A common motor carrier, other than an operator of a tow car,]~~ A

19-4 taxicab motor carrier, limousine motor carrier or carrier of household

19-5 goods authorized to operate by NRS 706.011 to 706.791, inclusive, and

19-6 sections 2 to 6, inclusive, of this act, shall not discontinue any service

19-7 established pursuant to the provisions of NRS 706.011 to 706.791,

19-8 inclusive, and sections 2 to 6, inclusive, of this act, and all other laws

19-9 relating thereto and made applicable thereto by NRS 706.011 to 706.791,

19-10 inclusive, and sections 2 to 6, inclusive, of this act, without an order of the

19-11 authority granted only after public notice or hearing in the event of protest.

19-12 Sec. 45. NRS 706.346 is hereby amended to read as follows:

19-13 706.346 1. [~~Except as otherwise provided in subsection 3, a]~~ A copy,

19-14 or so much of the schedule or tariff as the authority determines necessary

19-15 for the use of the public, must be printed in plain type and posted [~~in every~~

19-16 ~~office of a common]~~ by each taxicab motor carrier [~~where payments are~~

19-17 ~~made by customers or users,]~~ , limousine motor carrier and carrier of

19-18 household goods in such places as the authority may require which are

19-19 open to the public [~~, in such form and place]~~ so as to be readily accessible

19-20 to the public and conveniently inspected.

19-21 2. [~~Except as otherwise provided in subsection 3, when]~~ If a schedule

19-22 or tariff of joint rates or charges is or may be in force between two or more

19-23 [~~common motor carriers or between any such carrier and a public utility,]~~

19-24 carriers of household goods, the schedule or tariff must be printed and

19-25 posted in the manner prescribed in subsection 1.

19-26 [~~3. Only the rates for towing services performed without the prior~~

19-27 ~~consent of the owner of the vehicle or the person authorized by the owner~~

19-28 ~~to operate the vehicle must be printed and posted by an operator of a tow~~

19-29 ~~car pursuant to subsections 1 and 2.]~~

19-30 Sec. 46. NRS 706.351 is hereby amended to read as follows:

19-31 706.351 1. It is unlawful for:

19-32 (a) A [~~fully regulated]~~ taxicab motor carrier , limousine motor carrier

19-33 or carrier of household goods to furnish any pass, frank, free or reduced

19-34 rates for transportation to any state, city, district, county or municipal

19-35 officer of this state or to any person other than those specifically

19-36 enumerated in this section.

19-37 (b) Any person other than those specifically enumerated in this section

19-38 to receive any pass, frank, free or reduced rates for transportation.

19-39 2. This section does not prevent the carriage, storage or hauling free or

19-40 at reduced rates of passengers or property for charitable organizations or

19-41 purposes for the United States, the State of Nevada or any political

19-42 subdivision thereof.

20-1 3. This chapter does not prohibit a [~~fully regulated common]~~ taxicab

20-2 motor carrier , limousine motor carrier or carrier of household goods

20-3 from giving free or reduced rates for transportation of persons to:

20-4 (a) Its own officers, commission agents or employees, or members of

20-5 any profession licensed under Title 54 of NRS retained by it, and members

20-6 of their families.

20-7 (b) Inmates of hospitals or charitable institutions and persons over 60

20-8 years of age.

20-9 (c) Persons who are physically handicapped or mentally handicapped

20-10 and who present a written statement from a physician to that effect.

20-11 (d) Persons injured in accidents or wrecks and physicians and nurses

20-12 attending such persons.

20-13 (e) Persons providing relief in cases of common disaster.

20-14 (f) Attendants of livestock or other property requiring the care of an

20-15 attendant, who must be given return passage to the place of shipment, if

20-16 there is no discrimination among shippers of a similar class.

20-17 (g) Officers, agents, employees or members of any profession licensed

20-18 under Title 54 of NRS, together with members of their families, who are

20-19 employed by or affiliated with [~~other]~~ common carriers, if there is an

20-20 interchange of free or reduced rates for transportation.

20-21 (h) Indigent, destitute or homeless persons when under the care or

20-22 responsibility of charitable societies, institutions or hospitals, together with

20-23 the necessary agents employed in such transportation.

20-24 (i) Students of institutions of learning.

20-25 (j) Groups of persons participating in a tour for a purpose other than

20-26 transportation.

20-27 4. This section does not prohibit [~~common motor carriers]~~ carriers of

20-28 household goods from giving free or reduced rates for the transportation of

20-29 property of:

20-30 (a) Their officers, commission agents or employees, or members of any

20-31 profession licensed under Title 54 of NRS retained by them, or pensioned

20-32 or disabled former employees, together with that of their dependents.

20-33 (b) Witnesses attending any legal investigations in which such carriers

20-34 are interested.

20-35 (c) Persons providing relief in cases of common disaster.

20-36 (d) Charitable organizations providing food and items for personal

20-37 hygiene to needy persons or to other charitable organizations within this

20-38 state.

20-39 5. This section does not prohibit the authority from establishing

20-40 reduced rates, fares or charges for specified [~~routes or]~~ schedules of any

20-41 [~~common]~~ taxicab motor carrier , limousine motor carrier or carrier of

20-42 household goods providing transit service if the reduced rates, fares or

20-43 charges are determined by the authority to be in the public interest.

21-1 6. [~~Only fully regulated common carriers may provide free or reduced~~

21-2 ~~rates for the transportation of passengers or household goods, pursuant to~~

21-3 ~~the provisions of this section.~~

21-4 ~~7.]~~ As used in this section, "employees" includes:

21-5 (a) Furloughed, pensioned and superannuated employees.

21-6 (b) Persons who have become disabled or infirm in the service of [~~such~~

21-7 ~~carriers.]~~ a taxicab motor carrier, limousine motor carrier or carrier of

21-8 household goods.

21-9 (c) Persons who are traveling to enter the service of such a carrier.

21-10 Sec. 47. NRS 706.356 is hereby amended to read as follows:

21-11 706.356 It is unlawful for any [~~common or contract]~~ taxicab motor

21-12 carrier , limousine motor carrier or carrier of household goods to make a

21-13 charge for the carriage of passengers or property within the territory

21-14 authorized by its certificate of public convenience and necessity or permit

21-15 and then give free or reduced rates beyond [~~such]~~ those limits.

21-16 Sec. 48. NRS 706.361 is hereby amended to read as follows:

21-17 706.361 1. A person with a disability is entitled to the full and equal

21-18 enjoyment of the services and facilities of any [~~common motor carrier of~~

21-19 ~~passengers, contract motor carrier of passengers or other entity providing a~~

21-20 ~~means of public conveyance and transportation]~~ taxicab motor carrier,

21-21 limousine motor carrier or carrier of household goods operating within

21-22 this state.

21-23 2. [~~A common motor carrier of passengers, a contract motor carrier of~~

21-24 ~~passengers and other entities providing means of public conveyance and~~

21-25 ~~transportation]~~ Each taxicab motor carrier, limousine motor carrier and

21-26 carrier of household goods shall designate a person responsible for

21-27 ensuring that the carrier complies with the applicable provisions of the

21-28 Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213,

21-29 inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations adopted

21-30 pursuant to that act.

21-31 3. The person designated pursuant to subsection 2 shall conduct

21-32 training sessions for the employees of the carrier . [~~or entity.]~~ Each

21-33 employee must be provided at least 3 hours of training during one or more

21-34 training sessions. During the training sessions, the designee shall:

21-35 (a) Describe the carrier’s plan for compliance with the Americans with

21-36 Disabilities Act of 1990 and the regulations adopted pursuant to that act;

21-37 (b) Explain the obligations of the employees to assist a person with a

21-38 disability to store a mobility device;

21-39 (c) Explain the illegality of charging an additional fee or a higher fare to

21-40 a person with a disability; and

21-41 (d) Ensure that each employee is trained in accordance with the

21-42 requirements of 49 C.F.R. § 37.173.

22-1 4. It is unlawful for any person to deny any of the privileges granted by

22-2 subsection 1.

22-3 5. It is unlawful for any [~~common motor carrier, contract motor carrier~~

22-4 ~~or other entity providing a means of public conveyance or transportation]~~

22-5 taxicab motor carrier, limousine motor carrier or carrier of household

22-6 goods operating within this state, to:

22-7 (a) Deny the equal enjoyment of its services and facilities to a person

22-8 with a disability by the arbitrary, capricious or unreasonable interference,

22-9 direct or indirect, with the use of aids and appliances used by a person with

22-10 a disability;

22-11 (b) Fail to designate a person pursuant to subsection 2; or

22-12 (c) Fail to conduct the training sessions in the manner described in

22-13 subsection 3.

22-14 6. As used in this section, "disability" has the meaning ascribed to it in

22-15 49 C.F.R. § 37.3.

22-16 Sec. 49. NRS 706.366 is hereby amended to read as follows:

22-17 706.366 1. It is unlawful for a [~~common motor carrier of passengers~~

22-18 ~~or other means of public conveyance or transportation]~~ taxicab motor

22-19 carrier, limousine motor carrier or carrier of household goods operating

22-20 in this state to:

22-21 (a) Refuse service to a visually, aurally or physically handicapped

22-22 person because he is accompanied by a guide dog, hearing dog, helping

22-23 dog or other service animal;

22-24 (b) Refuse service to a person who is training a guide dog, hearing dog,

22-25 helping dog or other service animal because he is accompanied by such an

22-26 animal; or

22-27 (c) Charge an additional fee for such an animal.

22-28 2. This section does not relieve a visually, aurally or physically

22-29 handicapped person or a person who trains a guide dog, hearing dog,

22-30 helping dog or other service animal from liability for damage which may be

22-31 caused by his animal.

22-32 3. Visually, aurally or physically handicapped persons accompanied by

22-33 guide dogs, hearing dogs, helping dogs or other service animals are subject

22-34 to the same conditions and limitations that apply to persons who are not so

22-35 handicapped and accompanied.

22-36 4. For the purposes of this section, the terms "guide dog," "hearing

22-37 dog," "helping dog" and "service animal" have the meanings ascribed to

22-38 them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

22-39 Sec. 50. NRS 706.371 is hereby amended to read as follows:

22-40 706.371 The authority may regulate and fix the maximum number of

22-41 contracts and the minimum carrying charges of all intrastate contract motor

22-42 [~~carriers,]~~ carriers of household goods and conduct hearings, make and

22-43 enter necessary orders and enforce the same with respect thereto in the

23-1 same manner and form as is now or may hereafter be provided by law for

23-2 the regulation of the rates, charges and services of [~~common motor~~

23-3 ~~carriers.]~~ carriers of household goods.

23-4 Sec. 51. NRS 706.386 is hereby amended to read as follows:

23-5 706.386 It is unlawful, except as otherwise provided in NRS [~~373.117,~~

23-6 ~~706.446, 706.453 and]~~ 706.421 and 706.745, for [~~any fully regulated~~

23-7 ~~common motor carrier]~~ a person to operate as a [~~carrier of intrastate~~

23-8 ~~commerce and any operator of a tow car to perform towing services within~~

23-9 ~~this state]~~ taxicab motor carrier, limousine motor carrier or carrier of

23-10 household goods without first obtaining a certificate of public convenience

23-11 and necessity from the authority.

23-12 Sec. 52. NRS 706.391 is hereby amended to read as follows:

23-13 706.391 1. Upon the filing of an application for a certificate of public

23-14 convenience and necessity to operate as a taxicab motor carrier [~~other than~~

23-15 ~~an operator of a tow car,]~~ , limousine motor carrier or carrier of

23-16 household goods, the authority shall fix a time and place for hearing

23-17 thereon.

23-18 2. The authority shall issue such a certificate if it finds that:

23-19 (a) The applicant is fit, willing and able to perform the services of a

23-20 [~~common motor carrier;]~~ taxicab motor carrier, limousine motor carrier

23-21 or carrier of household goods;

23-22 (b) The proposed operation will be consistent with the legislative

23-23 policies set forth in NRS 706.151;

23-24 (c) The granting of the certificate will not unreasonably and adversely

23-25 affect other carriers operating in the territory for which the certificate is

23-26 sought; and

23-27 (d) The proposed service will benefit the [~~traveling and shipping public~~

23-28 ~~and the motor carrier business in this state.]~~ public.

23-29 3. The authority shall not find that the potential creation of competition

23-30 in a territory which may be caused by the granting of a certificate, by itself,

23-31 will unreasonably and adversely affect other carriers operating in the

23-32 territory for the purposes of paragraph (c) of subsection 2.

23-33 4. An applicant for such a certificate has the burden of proving to the

23-34 authority that the proposed operation will meet the requirements of

23-35 subsection 2.

23-36 5. The authority may issue a certificate of public convenience and

23-37 necessity to operate as a [~~common motor carrier,]~~ taxicab motor carrier,

23-38 limousine motor carrier or carrier of household goods, or issue it for:

23-39 (a) The exercise of the privilege sought.

23-40 (b) The partial exercise of the privilege sought.

23-41 6. The authority may attach to the certificate such terms and conditions

23-42 as, in its judgment, the public interest may require.

24-1 7. The authority may dispense with the hearing on the application if,

24-2 upon the expiration of the time fixed in the notice thereof, no petition to

24-3 intervene has been filed on behalf of any person who has filed a protest

24-4 against the granting of the certificate.

24-5 Sec. 53. NRS 706.396 is hereby amended to read as follows:

24-6 706.396 Any person who, after a hearing, has been denied a certificate

24-7 of public convenience and necessity to operate as a taxicab motor carrier

24-8 [~~must not be permitted again to]~~ , limousine motor carrier or carrier of

24-9 household goods may not file a similar application with the authority

24-10 covering the same type of service [~~and over the same route or routes]~~ or in

24-11 the same territory for which the certificate of public convenience and

24-12 necessity was denied except after the expiration of 180 days after the date

24-13 the certificate of public convenience and necessity was denied.

24-14 Sec. 54. NRS 706.398 is hereby amended to read as follows:

24-15 706.398 The authority:

24-16 1. Shall revoke or suspend, pursuant to the provisions of this chapter,

24-17 the certificate of public convenience and necessity of a [~~common]~~ taxicab

24-18 motor carrier , limousine motor carrier or carrier of household goods

24-19 which has failed to:

24-20 (a) File the annual report required by NRS 706.167 within 60 days after

24-21 the report is due; or

24-22 (b) Operate as a taxicab motor carrier [~~of intrastate commerce]~~ ,

24-23 limousine motor carrier or carrier of household goods in this state under

24-24 the terms and conditions of its certificate,

24-25 unless the taxicab motor carrier , limousine motor carrier or carrier of

24-26 household goods has obtained the prior permission of the authority.

24-27 2. May revoke or suspend, pursuant to the provisions of NRS

24-28 706.2885, the certificate of public convenience and necessity of a

24-29 [~~common]~~ taxicab motor carrier , limousine motor carrier or carrier of

24-30 household goods which has failed to comply with any provision of this

24-31 chapter or any regulation of the authority adopted pursuant thereto.

24-32 Sec. 55. NRS 706.421 is hereby amended to read as follows:

24-33 706.421 It is unlawful for any contract motor carrier of household

24-34 goods to act as such within this state in intrastate commerce without first

24-35 having obtained a permit therefor.

24-36 Sec. 56. NRS 706.426 is hereby amended to read as follows:

24-37 706.426 An application for a permit for a new operation as a contract

24-38 motor carrier [~~shall]~~ of household goods must be:

24-39 1. Made to the authority in writing.

24-40 2. In such form and be accompanied by such information as the

24-41 authority may require.

25-1 Sec. 57. NRS 706.431 is hereby amended to read as follows:

25-2 706.431 1. A permit may be issued to any applicant therefor,

25-3 authorizing in whole or in part the operation covered by the application, if

25-4 it appears from the application or from any hearing held thereon that:

25-5 (a) The applicant is fit, willing and able properly to perform the service

25-6 of a contract motor carrier of household goods and to conform to all

25-7 provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 6,

25-8 inclusive, of this act, and the regulations adopted thereunder; and

25-9 (b) The proposed operation will be consistent with the public interest

25-10 and will not operate to defeat the legislative policy set forth in NRS

25-11 706.151.

25-12 2. An application must be denied if the provisions of subsection 1 are

25-13 not met.

25-14 3. The authority shall revoke or suspend pursuant to the provisions of

25-15 this chapter the permit of a contract motor carrier of household goods who

25-16 has failed to file the annual report required in NRS 706.167 within 60 days

25-17 after the report is due.

25-18 4. The authority shall adopt regulations providing for a procedure by

25-19 which any contract entered into by a contract motor carrier of household

25-20 goods after he has been issued a permit pursuant to this section may be

25-21 approved by the authority without giving notice required by statute or by a

25-22 regulation of the authority.

25-23 Sec. 58. NRS 706.461 is hereby amended to read as follows:

25-24 706.461 When:

25-25 1. A complaint has been filed with the authority alleging that any

25-26 vehicle is being operated without a certificate of public convenience and

25-27 necessity [~~or contract carrier’s permit]~~ as required by NRS 706.011 to

25-28 706.791, inclusive [;] , and sections 2 to 6, inclusive, of this act; or

25-29 2. The authority has reason to believe that any:

25-30 (a) Person is advertising to provide [:

25-31 ~~(1) The]~~ the services of a [~~fully regulated carrier in intrastate~~

25-32 ~~commerce; or~~

25-33 ~~(2) Towing services,]~~ taxicab motor carrier, limousine motor carrier

25-34 or carrier of household goods without including the number of his

25-35 certificate of public convenience and necessity or permit in each

25-36 advertisement; or

25-37 (b) Provision of NRS 706.011 to 706.791, inclusive, or sections 2 to 6,

25-38 inclusive, of this act, is being violated,

25-39 the authority shall investigate the operations or advertising and may, after a

25-40 hearing, order the owner or operator of the vehicle or the person

25-41 advertising to cease and desist from any operation or advertising in

25-42 violation of NRS 706.011 to 706.791, inclusive [.] , and sections 2 to 6,

25-43 inclusive, of this act. The authority shall enforce compliance with the order

26-1 pursuant to the powers vested in the authority by NRS 706.011 to 706.791,

26-2 inclusive, and sections 2 to 6, inclusive, of this act, or by other law.

26-3 Sec. 59. NRS 706.476 is hereby amended to read as follows:

26-4 706.476 1. A vehicle used as a taxicab, limousine or other passenger

26-5 vehicle in passenger service subject to the jurisdiction of the authority

26-6 must be impounded by the authority if a certificate of public convenience

26-7 and necessity has not been issued authorizing its operation. A hearing must

26-8 be held by the authority no later than the conclusion of the second normal

26-9 business day after impoundment, weekends and holidays excluded. As soon

26-10 as practicable after impoundment, the authority shall notify the registered

26-11 owner of the vehicle:

26-12 (a) That the registered owner of the vehicle must post a bond in the

26-13 amount of $20,000 to ensure his presence at all proceedings held pursuant

26-14 to this section;

26-15 (b) Of the time set for the hearing; and

26-16 (c) Of his right to be represented by counsel during all phases of the

26-17 proceedings.

26-18 2. The authority shall hold the vehicle until the registered owner of the

26-19 vehicle appears and:

26-20 (a) Proves that he is the registered owner of the vehicle;

26-21 (b) Proves that he holds a valid certificate of public convenience and

26-22 necessity;

26-23 (c) Proves that the vehicle meets all required standards of the authority;

26-24 and

26-25 (d) Posts a bond in the amount of $20,000 with the [~~administrator.]~~

26-26 authority.

26-27 The authority shall return the vehicle to its registered owner when the

26-28 owner meets the requirements of this subsection and pays all costs of

26-29 impoundment.

26-30 3. If the registered owner is unable to meet the requirements of

26-31 paragraph (b) or (c) of subsection 2, the authority may assess an

26-32 administrative fine against the registered owner for each such violation in

26-33 the amount of $5,000. The maximum amount of the administrative fine that

26-34 may be assessed against a registered owner for a single impoundment of his

26-35 vehicle pursuant to this section is $10,000. The authority shall return the

26-36 vehicle after any administrative fine imposed pursuant to this subsection

26-37 and all costs of impoundment have been paid.

26-38 Sec. 60. NRS 706.491 is hereby amended to read as follows:

26-39 706.491 Every person operating as a common, contract or private

26-40 motor carrier , taxicab motor carrier, limousine motor carrier or carrier

26-41 of household goods must, before commencing operation in this state in any

26-42 calendar year, secure from the department a license and make payments

27-1 therefor as provided in NRS 706.011 to 706.861, inclusive, and sections 2

27-2 to 6, inclusive, of this act, as applicable.

27-3 Sec. 61. NRS 706.6411 is hereby amended to read as follows:

27-4 706.6411 1. [~~All motor carriers, other than operators of tow cars,~~

27-5 ~~regulated pursuant to NRS 706.011 to 706.791, inclusive, to whom the~~

27-6 ~~certificates, permits and licenses provided by NRS 706.011 to 706.791,~~

27-7 ~~inclusive, have]~~ A taxicab motor carrier, limousine motor carrier or

27-8 carrier of household goods to which a certificate of public convenience

27-9 and necessity or permit has been issued by the authority pursuant to NRS

27-10 706.011 to 706.791, inclusive, and sections 2 to 6, inclusive, of this act,

27-11 may transfer [~~them]~~ the certificate or permit to another carrier [~~, other than~~

27-12 ~~an operator of a tow car,]~~ qualified pursuant to NRS 706.011 to 706.791,

27-13 inclusive, [~~but]~~ and sections 2 to 6, inclusive, of this act, except that no

27-14 such transfer is valid for any purpose until a joint application to make the

27-15 transfer has been made to the authority by the transferor and the transferee,

27-16 and the authority has authorized the substitution of the transferee for the

27-17 transferor. No transfer of stock of a corporate taxicab motor carrier ,

27-18 limousine motor carrier or carrier of household goods subject to the

27-19 jurisdiction of the authority is valid without the prior approval of the

27-20 authority if the effect of the transfer would be to change the corporate

27-21 control of the carrier or if a transfer of 15 percent or more of the common

27-22 stock of the carrier is proposed.

27-23 2. Except as otherwise provided in subsection 3, the authority shall fix

27-24 a time and place for a hearing to be held unless the application is made to

27-25 transfer the certificate from a natural person or partners to a corporation

27-26 whose controlling stockholders will be substantially the same person or

27-27 partners, and may hold a hearing to consider such an application.

27-28 3. The authority may also dispense with the hearing on the joint

27-29 application to transfer if, upon the expiration of the time fixed in the notice

27-30 thereof, no protest against the transfer of the certificate or permit has been

27-31 filed by or in behalf of any interested person.

27-32 4. In determining whether or not the transfer of a certificate of public

27-33 convenience and necessity or a permit to act as a contract motor carrier

27-34 should be authorized, the authority shall consider:

27-35 (a) The service which has been performed by the transferor and that

27-36 which may be performed by the transferee.

27-37 (b) Other authorized facilities for transportation in the territory for

27-38 which the transfer is sought.

27-39 (c) Whether or not the transferee is fit, willing and able to perform the

27-40 services of a [~~common or contract]~~ taxicab motor carrier , limousine motor

27-41 carrier or carrier of household goods by vehicle and whether or not the

27-42 proposed operation would be consistent with the legislative policy set forth

27-43 in NRS 706.151.

28-1 5. Upon a transfer made pursuant to this section, the authority may

28-2 make such amendments, restrictions or modifications in a certificate or

28-3 permit as the public interest may require.

28-4 6. No transfer is valid beyond the life of the certificate [~~, permit or~~

28-5 ~~license]~~ or permit so transferred.

28-6 Sec. 62. NRS 706.736 is hereby amended to read as follows:

28-7 706.736 1. Except as otherwise provided in subsection 2, the

28-8 provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 6,

28-9 inclusive, of this act do not apply to:

28-10 (a) The transportation by a contractor licensed by the state contractors’

28-11 board of his own equipment in his own vehicles from job to job.

28-12 (b) Any person engaged in transporting his own personal effects in his

28-13 own vehicle, but the provisions of this subsection do not apply to any

28-14 person engaged in transportation by vehicle of property sold or to be sold,

28-15 or used by him in the furtherance of any commercial enterprise other than

28-16 as provided in paragraph (d), or to the carriage of any property for

28-17 compensation.

28-18 (c) Special mobile equipment.

28-19 (d) The vehicle of any person, when that vehicle is being used in the

28-20 production of motion pictures, including films to be shown in theaters and

28-21 on television, industrial training and educational films, commercials for

28-22 television and video discs and tapes.

28-23 (e) A private motor carrier of property which is used for any convention,

28-24 show, exhibition, sporting event, carnival, circus or organized recreational

28-25 activity.

28-26 (f) A private motor carrier of property which is used to attend livestock

28-27 shows and sales.

28-28 2. Unless exempted by a specific state statute or a specific federal

28-29 statute, regulation or rule, any person referred to in subsection 1 is subject

28-30 to:

28-31 (a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 or

28-32 subsection 2 of NRS 706.172, as appropriate, and NRS 706.235 to

28-33 706.256, inclusive, 706.281, 706.457 and 706.458.

28-34 (b) All rules and regulations adopted by reference pursuant to

28-35 [~~paragraph (b) of subsection 1 of NRS 706.171]~~ NRS 706.011 to 706.791,

28-36 inclusive, and sections 2 to 6, inclusive, of this act, by the department or

28-37 authority, as appropriate, concerning the safety of drivers and vehicles.

28-38 (c) All standards adopted by regulation pursuant to NRS 706.173.

28-39 3. [~~The provisions of NRS 706.311 to 706.453, inclusive, 706.471,~~

28-40 ~~706.473, 706.475 and 706.6411 which authorize the authority to issue:~~

28-41 ~~(a) Except as otherwise provided in paragraph (b), certificates of public~~

28-42 ~~convenience and necessity and contract carriers’ permits and to regulate~~

28-43 ~~rates, routes and services apply only to fully regulated carriers.~~

29-1 ~~(b) Certificates of public convenience and necessity to operators of tow~~

29-2 ~~cars and to regulate rates for towing services performed without the prior~~

29-3 ~~consent of the owner of the vehicle or the person authorized by the owner~~

29-4 ~~to operate the vehicle apply to operators of tow cars.~~

29-5 ~~4.]~~ Any person who operates pursuant to a claim of an exemption

29-6 provided by this section but who is found to be operating in a manner not

29-7 covered by any of those exemptions immediately becomes liable, in

29-8 addition to any other penalties provided in this chapter, for the fee

29-9 appropriate to his actual operation as prescribed in this chapter, computed

29-10 from the date when that operation began.

29-11 Sec. 63. NRS 706.745 is hereby amended to read as follows:

29-12 706.745 1. The provisions of NRS 706.386 [~~and 706.421]~~ do not

29-13 apply to ambulances or hearses.

29-14 2. [~~A common motor carrier who enters into an agreement for the~~

29-15 ~~purchase of its service by an incorporated city, county or regional~~

29-16 ~~transportation commission is not required to obtain a certificate of public~~

29-17 ~~convenience and necessity to operate a system of public transit consisting~~

29-18 ~~of regular routes and fixed schedules. Under such an agreement, the public~~

29-19 ~~entity shall establish the routes and fares and provide for any required~~

29-20 ~~safety inspections.~~

29-21 ~~3.]~~ A nonprofit carrier of elderly or physically or mentally handicapped

29-22 persons is not required to obtain a certificate of public convenience and

29-23 necessity to operate as a [~~common]~~ taxicab motor carrier or limousine

29-24 motor carrier of such passengers only, but such a carrier is not exempt

29-25 from inspection by the authority to determine whether its vehicles and their

29-26 operation are safe.

29-27 [~~4.]~~ 3. An incorporated city, county or regional transportation

29-28 commission is not required to obtain a certificate of public convenience and

29-29 necessity to operate a system of public transportation [.] which uses

29-30 taxicabs, limousines or other vehicles for passenger service that would

29-31 otherwise be subject to the jurisdiction of the authority.

29-32 Sec. 64. NRS 706.756 is hereby amended to read as follows:

29-33 706.756 1. Except as otherwise provided in subsection 2, any person

29-34 who:

29-35 (a) Operates a vehicle or causes it to be operated in any carriage to

29-36 which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2

29-37 to 6, inclusive, of this act apply without first obtaining a certificate, permit

29-38 or license, or in violation of the terms thereof;

29-39 (b) Fails to make any return or report required by the provisions of NRS

29-40 706.011 to 706.861, inclusive, and sections 2 to 6, inclusive, of this act or

29-41 by the authority or the department pursuant to the provisions of NRS

29-42 706.011 to 706.861, inclusive [;] , and sections 2 to 6, inclusive, of this

29-43 act;

30-1 (c) Violates, or procures, aids or abets the violating of, any provision of

30-2 NRS 706.011 to 706.861, inclusive [;] , and sections 2 to 6, inclusive, of

30-3 this act;

30-4 (d) Fails to obey any order, decision or regulation of the authority or the

30-5 department;

30-6 (e) Procures, aids or abets any person in his failure to obey such an

30-7 order, decision or regulation of the authority or the department;

30-8 (f) Advertises, solicits, proffers bids or otherwise holds himself out to

30-9 perform transportation services as a [~~common or contract]~~ taxicab motor

30-10 carrier , limousine motor carrier or carrier of household goods in

30-11 violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;]

30-12 , and sections 2 to 6, inclusive, of this act;

30-13 (g) Advertises as providing [:

30-14 ~~(1) The]~~ the services of a [~~fully regulated carrier; or~~

30-15 ~~(2) Towing services,]~~ taxicab motor carrier, limousine motor carrier

30-16 or carrier of household goods, without including the number of his

30-17 certificate of public convenience and necessity or contract carrier’s permit ,

30-18 as appropriate, in each advertisement;

30-19 (h) Knowingly offers, gives, solicits or accepts any rebate, concession or

30-20 discrimination in violation of the provisions of this chapter;

30-21 (i) Knowingly, willfully and fraudulently seeks to evade or defeat the

30-22 purposes of this chapter;

30-23 (j) Operates or causes to be operated a vehicle which does not have the

30-24 proper identifying device;

30-25 (k) Displays or causes or permits to be displayed a certificate, permit,

30-26 license or identifying device, knowing it to be fictitious or to have been

30-27 canceled, revoked, suspended or altered;

30-28 (l) Lends or knowingly permits the use of by one not entitled thereto any

30-29 certificate, permit, license or identifying device issued to the person so

30-30 lending or permitting the use thereof; or

30-31 (m) Refuses or fails to surrender to the authority or department any

30-32 certificate, permit, license or identifying device which has been suspended,

30-33 canceled or revoked pursuant to the provisions of this chapter,

30-34 is guilty of a misdemeanor, and upon conviction thereof shall be punished

30-35 by a fine of not less than $100 nor more than $1,000, or by imprisonment in

30-36 the county jail for not more than 6 months, or by both fine and

30-37 imprisonment.

30-38 2. A person convicted of a misdemeanor for a violation of the

30-39 provisions of NRS 706.386 or 706.421 shall be punished:

30-40 (a) For the first offense by a fine of not less than $500 nor more than

30-41 $1,000;

30-42 (b) For a second offense within 12 consecutive months and each

30-43 subsequent offense by a fine of $1,000; or

31-1 (c) For any offense, by imprisonment in the county jail for not more than

31-2 6 months, or by both the prescribed fine and imprisonment.

31-3 3. Any person who operates or permits the operation of a vehicle in

31-4 passenger service as a taxicab motor carrier or limousine motor carrier

31-5 without a certificate of public convenience and necessity issued pursuant to

31-6 NRS 706.391 is guilty of a gross misdemeanor. If a law enforcement officer

31-7 witnesses a violation of this subsection, he may cause the vehicle to be

31-8 towed immediately from the scene.

31-9 4. The fines provided in this section are mandatory and must not be

31-10 reduced under any circumstances by the court.

31-11 5. Any bail allowed must not be less than the appropriate fine provided

31-12 for by this section.

31-13 Sec. 65. NRS 706.761 is hereby amended to read as follows:

31-14 706.761 1. Any agent or person in charge of the books, accounts,

31-15 records, minutes or papers of any private, common or contract motor

31-16 carrier [~~or broker of any of these services]~~ , taxicab motor carrier,

31-17 limousine motor carrier or carrier of household goods who refuses or

31-18 fails for a period of 30 days to furnish the authority or department , as

31-19 appropriate, with any report required by either or who fails or refuses to

31-20 permit any person authorized by the authority or department , as

31-21 appropriate, to inspect such books, accounts, records, minutes or papers on

31-22 behalf of the authority or department , as appropriate, is liable to a penalty

31-23 in a sum of not less than $300 nor more than $500. The penalty may be

31-24 recovered in a civil action upon the complaint of the authority or

31-25 department , as appropriate, in any court of competent jurisdiction.

31-26 2. Each day’s refusal or failure is a separate offense, and is subject to

31-27 the penalty prescribed in this section.

31-28 Sec. 66. NRS 706.766 is hereby amended to read as follows:

31-29 706.766 1. It is unlawful for any [~~fully regulated carrier or operator~~

31-30 ~~of a tow car]~~ taxicab motor carrier, limousine motor carrier or carrier of

31-31 household goods to charge, demand, collect or receive a greater or less

31-32 compensation for any service performed by it within this state or for any

31-33 service in connection therewith than is specified in its fare, rates, joint

31-34 rates, charges or rules and regulations on file with the authority, or to

31-35 demand, collect or receive any fare, rate or charge not specified. The rates,

31-36 tolls and charges named therein are the lawful rates, tolls and charges until

31-37 they are changed as provided in this chapter.

31-38 2. It is unlawful for any [~~fully regulated carrier or operator of a tow~~

31-39 ~~car]~~ taxicab motor carrier, limousine motor carrier or carrier of

31-40 household goods to grant any rebate, concession or special privilege to any

31-41 person which, directly or indirectly, has or may have the effect of changing

31-42 the rates, tolls, charges or payments.

32-1 3. Any violation of the provisions of this section subjects the violator

32-2 to the penalty prescribed in NRS 706.761.

32-3 Sec. 67. NRS 706.771 is hereby amended to read as follows:

32-4 706.771 1. Any person or any agent or employee thereof, who

32-5 violates any provision of this chapter, any lawful regulation of the authority

32-6 or any lawful tariff on file with the authority or who fails, neglects or

32-7 refuses to obey any lawful order of the authority or any court order for

32-8 whose violation a civil penalty is not otherwise prescribed is liable to a

32-9 penalty of not more than $10,000 for any violation. The penalty may be

32-10 recovered in a civil action upon the complaint of the authority in any court

32-11 of competent jurisdiction.

32-12 2. If the authority does not bring an action to recover the penalty

32-13 prescribed by subsection 1, the authority may impose an administrative fine

32-14 of not more than $10,000 for any violation of a provision of this chapter or

32-15 any rule, regulation or order adopted or issued by the authority [or

32-16 ~~department]~~ pursuant to the provisions of this chapter. A fine imposed by

32-17 the authority may be recovered by the authority only after notice is given

32-18 and a hearing is held pursuant to the provisions of chapter 233B of NRS.

32-19 3. All administrative fines imposed and collected by the authority

32-20 pursuant to subsection 2 are payable to the state treasurer and must be

32-21 credited to a separate account to be used by the authority to enforce the

32-22 provisions of this chapter.

32-23 4. A penalty or fine recovered pursuant to this section is not a cost of

32-24 service for purposes of rate making.

32-25 Sec. 68. NRS 362.120 is hereby amended to read as follows:

32-26 362.120 1. The department shall, from the statement and from all

32-27 obtainable data, evidence and reports, compute in dollars and cents the

32-28 gross yield and net proceeds of the period covered by the statement.

32-29 2. The gross yield must include the value of any mineral extracted

32-30 which was:

32-31 (a) Sold;

32-32 (b) Exchanged for any thing or service;

32-33 (c) Removed from the state in a form ready for use or sale; or

32-34 (d) Used in a manufacturing process or in providing a service,

32-35 during the period covered by the statement.

32-36 3. The net proceeds are ascertained and determined by subtracting

32-37 from the gross yield the following deductions for costs incurred during that

32-38 period, and none other:

32-39 (a) The actual cost of extracting the mineral.

32-40 (b) The actual cost of transporting the mineral to the place or places of

32-41 reduction, refining and sale.

32-42 (c) The actual cost of reduction, refining and sale.

33-1 (d) The actual cost of marketing and delivering the mineral and the

33-2 conversion of the mineral into money.

33-3 (e) The actual cost of maintenance and repairs of:

33-4 (1) All machinery, equipment, apparatus and facilities used in the

33-5 mine.

33-6 (2) All milling, refining, smelting and reduction works, plants and

33-7 facilities.

33-8 (3) All facilities and equipment for transportation except those that

33-9 are under the jurisdiction of the public utilities commission of Nevada . [or

33-10 ~~the transportation services authority.]~~

33-11 (f) The actual cost of fire insurance on the machinery, equipment,

33-12 apparatus, works, plants and facilities [~~mentioned]~~ set forth in paragraph

33-13 (e).

33-14 (g) Depreciation of the original capitalized cost of the machinery,

33-15 equipment, apparatus, works, plants and facilities [~~mentioned]~~ set forth in

33-16 paragraph (e). The annual depreciation charge consists of amortization of

33-17 the original cost in a manner prescribed by regulation of the Nevada tax

33-18 commission. The probable life of the property represented by the original

33-19 cost must be considered in computing the depreciation charge.

33-20 (h) All money expended for premiums for industrial insurance, and the

33-21 actual cost of hospital and medical attention and accident benefits and

33-22 group insurance for all employees.

33-23 (i) All money paid as contributions or payments under the

33-24 unemployment compensation law of the State of Nevada, as contained in

33-25 chapter 612 of NRS, all money paid as contributions under the Social

33-26 Security Act of the Federal Government, and all money paid to either the

33-27 State of Nevada or the Federal Government under any amendment to either

33-28 or both of the statutes [~~mentioned]~~ set forth in this paragraph.

33-29 (j) The actual cost of developmental work in or about the mine or upon a

33-30 group of mines when operated as a unit.

33-31 (k) All money paid as royalties by a lessee or sublessee of a mine or

33-32 well, or by both, in determining the net proceeds of the lessee or sublessee,

33-33 or both.

33-34 4. Royalties deducted by a lessee or sublessee constitute part of the net

33-35 proceeds of the minerals extracted, upon which a tax must be levied against

33-36 the person to whom the royalty has been paid.

33-37 5. Every person acquiring property in the State of Nevada to engage in

33-38 the extraction of minerals and who incurs any of the expenses [~~mentioned]~~

33-39 set forth in subsection 3 shall report those expenses and the recipient of any

33-40 royalty to the department on forms provided by the department.

33-41 6. The several deductions [~~mentioned]~~ set forth in subsection 3 do not

33-42 include any expenditures for salaries, or any portion of salaries, of any

33-43 person not actually engaged in:

34-1 (a) The working of the mine;

34-2 (b) The operating of the mill, smelter or reduction works;

34-3 (c) The operating of the facilities or equipment for transportation;

34-4 (d) Superintending the management of any of those operations; or

34-5 (e) The State of Nevada, in office, clerical or engineering work

34-6 necessary or proper in connection with any of those operations.

34-7 Sec. 69. NRS 373.117 is hereby amended to read as follows:

34-8 373.117 1. A regional transportation commission may establish or

34-9 operate a public transit system consisting of regular routes and fixed

34-10 schedules to serve the public.

34-11 2. A regional transportation commission may lease vehicles to or from

34-12 or enter into other contracts with a private operator for the provision of

34-13 such a system.

34-14 3. In a county whose population is less than 400,000, such a system

34-15 may also provide service which includes:

34-16 (a) Minor deviations from regular routes and fixed schedules on a

34-17 recurring basis to serve the public transportation needs of passengers. The

34-18 deviations must not exceed one-half mile from the regular routes.

34-19 (b) The transporting of persons upon request without regard to regular

34-20 routes or fixed schedules, if the service is provided by a common motor

34-21 carrier . [~~which has a certificate of public convenience and necessity issued~~

34-22 ~~by the transportation services authority pursuant to NRS 706.386 to~~

34-23 ~~706.411, inclusive, and the service is subject to the rules and regulations~~

34-24 ~~adopted by the transportation services authority for a fully regulated~~

34-25 ~~carrier.]~~

34-26 4. Notwithstanding the provisions of chapter 332 of NRS or NRS

34-27 625.530, a regional transportation commission may utilize a turnkey

34-28 procurement process to select a person to design, build, operate and

34-29 maintain, or any combination thereof, a fixed guideway system, including,

34-30 without limitation, any minimum operable segment thereof. The

34-31 commission shall determine whether to utilize turnkey procurement for a

34-32 fixed guideway project before the completion of the preliminary

34-33 engineering phase of the project. In making that determination, the

34-34 commission shall evaluate whether turnkey procurement is the most cost

34-35 effective method of constructing the project on schedule and in satisfaction

34-36 of its transportation objectives.

34-37 5. Notwithstanding the provisions of chapter 332 of NRS, a regional

34-38 transportation commission may utilize a competitive negotiation

34-39 procurement process to procure rolling stock for a fixed guideway project.

34-40 The award of a contract under such a process must be made to the person

34-41 whose proposal is determined to be the most advantageous to the

34-42 commission, based on price and other factors specified in the procurement

34-43 documents.

35-1 6. If a commission develops a fixed guideway project, the department

35-2 of transportation is hereby designated to serve as the oversight agency to

35-3 ensure compliance with the federal safety regulations for rail fixed

35-4 guideway systems set forth in 49 C.F.R. Part 659.

35-5 7. As used in this section:

35-6 (a) [~~"Fully regulated carrier" means a common carrier or contract carrier~~

35-7 ~~of passengers or household goods who is required to obtain from the~~

35-8 ~~transportation services authority a certificate of public convenience and~~

35-9 ~~necessity or a contract carrier’s permit and whose rates, routes and services~~

35-10 ~~are subject to regulation by the transportation services authority.~~

35-11 ~~(b)]~~ "Minimum operable segment" means the shortest portion of a fixed

35-12 guideway system that is technically capable of providing viable public

35-13 transportation between two end points.

35-14 [~~(c)]~~ (b) "Public transit system" means a system employing motor buses,

35-15 rails or any other means of conveyance, by whatever type of power,

35-16 operated for public use in the conveyance of persons.

35-17 [~~(d)]~~ (c) "Turnkey procurement" means a competitive procurement

35-18 process by which a person is selected by a regional transportation

35-19 commission, based on evaluation criteria established by the commission, to

35-20 design, build, operate and maintain, or any combination thereof, a fixed

35-21 guideway system, or a portion thereof, in accordance with performance

35-22 criteria and technical specifications established by the commission.

35-23 Sec. 70. NRS 377A.140 is hereby amended to read as follows:

35-24 377A.140 1. Except as otherwise provided in subsection 2, a public

35-25 transit system in a county whose population is 400,000 or more may, in

35-26 addition to providing local transportation within the county and the services

35-27 described in NRS 377A.130, provide:

35-28 (a) Programs to reduce or manage motor vehicle traffic; and

35-29 (b) Any other services for a public transit system which are requested by

35-30 the general public,

35-31 if those additional services are included and described in a long-range plan

35-32 adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

35-33 2. Before a regional transportation commission may provide for an on-

35-34 call public transit system in an area of the county, the commission must

35-35 receive a determination from the transportation services authority that:

35-36 (a) There are no [~~common]~~ taxicab motor carriers [~~of passengers]~~ or

35-37 limousine motor carriers who are authorized to provide on-call operations

35-38 for transporting passengers in that area; or

35-39 (b) Although there are [~~common]~~ taxicab motor carriers [~~of passengers]~~

35-40 or limousine motor carriers who are authorized to provide on-call

35-41 operations for transporting passengers in the area, the [~~common]~~ taxicab

35-42 motor carriers [~~of passengers]~~ or limousine motor carriers do not wish to

35-43 provide, or are not capable of providing, those operations.

36-1 3. As used in this section:

36-2 (a) [~~"Common motor carrier of passengers" has the meaning ascribed to~~

36-3 ~~it in NRS 706.041.]~~ "Limousine motor carrier" has the meaning ascribed

36-4 to it in section 3 of this act.

36-5 (b) "On-call public transit system" means a system established to

36-6 transport passengers only upon the request of a person who needs

36-7 transportation.

36-8 (c) "Taxicab motor carrier" has the meaning ascribed to it in NRS

36-9 706.126.

36-10 Sec. 71. NRS 392.330 is hereby amended to read as follows:

36-11 392.330 1. In addition to the purposes authorized by NRS 392.320, a

36-12 board of trustees may use transportation [~~funds]~~ money of the school

36-13 district for:

36-14 (a) Arranging and paying for transportation, in accordance with

36-15 subsection 2, by motor vehicles or otherwise, by contract or such other

36-16 arrangement as the board finds most economical, expedient and feasible

36-17 and for the best interests of the school district.

36-18 (b) Purchasing tickets for public buses for use by pupils enrolled in high

36-19 school to travel to and from school.

36-20 2. Such transportation may be arranged and contracted for by a board

36-21 of trustees with:

36-22 (a) Any railroad company holding a certificate of public convenience

36-23 and necessity issued by the public utilities commission of Nevada , [~~or]~~ bus

36-24 company or other [~~licensed]~~ common carrier . [~~holding a certificate of~~

36-25 ~~public convenience and necessity issued by the transportation services~~

36-26 ~~authority.]~~

36-27 (b) The owners and operators of private automobiles or other private

36-28 motor vehicles, including parents of pupils who attend school and are

36-29 entitled to transportation. When required by the board of trustees, every

36-30 such private automobile or other private motor vehicle regularly

36-31 transporting pupils must be insured in the amount required by regulation of

36-32 the state board against the loss and damage described in subsection 2 of

36-33 NRS 392.320.

36-34 Sec. 72. NRS 482.3963 is hereby amended to read as follows:

36-35 482.3963 1. An owner of a vehicle who leases it to a carrier and

36-36 operates the vehicle pursuant to that lease may apply to the department for

36-37 a temporary permit to operate the vehicle if the vehicle:

36-38 (a) Is not subject to the provisions of NRS 482.390 and 482.395;

36-39 (b) Is not currently registered in this state, another state or a foreign

36-40 country; and

36-41 (c) Is operated at the vehicle’s unladen weight.

36-42 2. The department shall charge $10 for such a temporary permit, in

36-43 addition to all other applicable fees and taxes.

37-1 3. Such a temporary permit must:

37-2 (a) Bear the date of its expiration;

37-3 (b) Expire at 5 p.m. on the 15th day after its date of issuance;

37-4 (c) Be affixed to the vehicle in a manner prescribed by the department;

37-5 and

37-6 (d) Be removed and destroyed upon its expiration or upon the issuance

37-7 of a certificate of registration for the vehicle, whichever occurs first.

37-8 4. As used in this section, "carrier" means a common motor carrier of

37-9 passengers as defined in NRS 706.041, a common motor carrier of property

37-10 as defined in NRS 706.046, a contract motor carrier as defined in NRS

37-11 706.051, [~~or]~~ a private motor carrier of property as defined in NRS 706.111

37-12 [.] , a taxicab motor carrier as defined in NRS 706.126, a limousine

37-13 motor carrier as defined in section 3 of this act or a carrier of household

37-14 goods as defined in section 2 of this act.

37-15 Sec. 73. NRS 483.160 is hereby amended to read as follows:

37-16 483.160 1. "School bus" means every motor vehicle owned by or

37-17 under the control of a public or governmental agency or a private school

37-18 and regularly operated for the transportation of children to or from school

37-19 or a school activity or privately owned and regularly operated for

37-20 compensation for the transportation of children to or from school or a

37-21 school activity.

37-22 2. "School bus" does not include a passenger car operated under a

37-23 contract to transport children to and from school, a common carrier or

37-24 commercial vehicle under the jurisdiction of the Surface Transportation

37-25 Board [~~or the transportation services authority]~~ when such a vehicle is

37-26 operated in the regular conduct of its business in interstate or intrastate

37-27 commerce within the State of Nevada.

37-28 Sec. 74. NRS 484.148 is hereby amended to read as follows:

37-29 484.148 1. "School bus" means every motor vehicle owned by or

37-30 under the control of a public or governmental agency or a private school

37-31 and regularly operated for the transportation of children to or from school

37-32 or a school activity or privately owned and regularly operated for

37-33 compensation for the transportation of children to or from school or a

37-34 school activity.

37-35 2. "School bus" does not include a passenger car operated under a

37-36 contract to transport children to and from school, a common carrier or

37-37 commercial vehicle under the jurisdiction of the Surface Transportation

37-38 Board [~~or the transportation services authority]~~ when such vehicle is

37-39 operated in the regular conduct of its business in interstate or intrastate

37-40 commerce within the State of Nevada.

37-41 Sec. 75. NRS 484.631 is hereby amended to read as follows:

37-42 484.631 1. Tow cars must be equipped with:

38-1 (a) One or more brooms, and the driver of the tow car engaged to

38-2 remove a disabled vehicle from the scene of an accident shall remove all

38-3 glass and debris deposited upon the roadway by the disabled vehicle which

38-4 is to be towed.

38-5 (b) A shovel, and whenever practical the driver of the tow car engaged

38-6 to remove any disabled vehicle shall spread dirt upon any portion of the

38-7 roadway where oil or grease has been deposited by the disabled vehicle.

38-8 (c) At least one fire extinguisher of the dry chemical or carbon dioxide

38-9 type, with minimum effective chemicals of no less than 5 pounds, with an

38-10 aggregate rating of at least 10-B, C units, which must bear the approval of a

38-11 laboratory nationally recognized as properly equipped to grant such

38-12 approval.

38-13 2. A citation may be issued to any driver of a tow car who violates any

38-14 provision of paragraph (a) of subsection 1. The peace officer who issues the

38-15 citation shall report the violation to the Nevada highway patrol or the

38-16 sheriff of the county or the chief of police of the city in which the roadway

38-17 is located. If necessary, the Nevada highway patrol, sheriff or chief of

38-18 police shall cause the roadway to be cleaned and shall bill the owner or

38-19 operator of the tow car for the costs of the cleaning. [~~If the owner or~~

38-20 ~~operator does not pay those costs within 30 days after receiving the bill~~

38-21 ~~therefor, the Nevada highway patrol, sheriff or chief of police shall report~~

38-22 ~~such information to the transportation services authority, which may take~~

38-23 ~~disciplinary action in accordance with the provisions of NRS 706.449.]~~

38-24 Sec. 76. NRS 487.038 is hereby amended to read as follows:

38-25 487.038 1. Except as otherwise provided in subsections 3 and 4, the

38-26 owner or person in lawful possession of any real property may, after giving

38-27 notice pursuant to subsection 2, utilize the services of any tow car operator

38-28 [~~subject to the jurisdiction of the transportation services authority]~~ to

38-29 remove any vehicle parked in an unauthorized manner on that property to

38-30 the nearest public garage or storage yard if:

38-31 (a) A sign is displayed in plain view on the property declaring public

38-32 parking to be prohibited or restricted in a certain manner; and

38-33 (b) The sign shows the telephone number of the police department or

38-34 sheriff’s office.

38-35 2. Oral notice must be given to the police department or sheriff’s

38-36 office, whichever is appropriate, indicating:

38-37 (a) The time the vehicle was removed;

38-38 (b) The location from which the vehicle was removed; and

38-39 (c) The location to which the vehicle was taken.

38-40 3. Any vehicle which is parked in a space designated for the

38-41 handicapped and is not properly marked for such parking may be removed

38-42 if notice is given to the police department or sheriff’s office pursuant to

38-43 subsection 2, whether or not a sign is displayed pursuant to subsection 1.

39-1 4. The owner or person in lawful possession of residential real property

39-2 upon which a single-family dwelling is located may, after giving notice

39-3 pursuant to subsection 2, utilize the services of any tow car operator

39-4 [~~subject to the jurisdiction of the transportation services authority]~~ to

39-5 remove any vehicle parked in an unauthorized manner on that property to

39-6 the nearest public garage or storage yard, whether or not a sign is displayed

39-7 pursuant to subsection 1.

39-8 5. All costs incurred, under the provisions of this section, for towing

39-9 and storage must be borne by the owner of the vehicle, as that term is

39-10 defined in NRS 484.091.

39-11 6. The provisions of this section do not limit or affect any rights or

39-12 remedies which the owner or person in lawful possession of real property

39-13 may have by virtue of other provisions of the law authorizing the removal

39-14 of a vehicle parked on that property.

39-15 Sec. 77. NRS 565.040 is hereby amended to read as follows:

39-16 565.040 1. The administrator may declare any part of this state a

39-17 brand inspection district.

39-18 2. After the creation of any brand inspection district as authorized by

39-19 this chapter all animals within any such district are subject to brand

39-20 inspection in accord with the terms of this chapter before:

39-21 (a) Consignment for slaughter within any district;

39-22 (b) Any transfer of ownership by sale or otherwise; or

39-23 (c) Removal from the district if the removal is not authorized pursuant to

39-24 a livestock movement permit issued by the division.

39-25 3. Whenever a brand inspection district is created by the division

39-26 pursuant to the provisions of this chapter, the administrator shall adopt and

39-27 issue regulations defining the boundaries of the district, the fees to be

39-28 collected for brand inspection, and prescribing such other rules or methods

39-29 of procedure not inconsistent with the provisions of this chapter as he

39-30 deems wise.

39-31 4. Any regulations issued pursuant to the provisions of this section

39-32 must be published at least twice in some newspaper having a general

39-33 circulation in the brand inspection district created by the regulations, [~~and~~

39-34 ~~copies of the regulations must be mailed to all common carriers of record~~

39-35 ~~with the transportation services authority operating in the brand inspection~~

39-36 ~~district,]~~ which publication and notification constitutes legal notice of the

39-37 creation of the brand inspection district. The expense of advertising and

39-38 notification must be paid from the livestock inspection account.

39-39 Sec. 78. NRS 599B.010 is hereby amended to read as follows:

39-40 599B.010 As used in this chapter, unless the context otherwise

39-41 requires:

39-42 1. "Chance promotion" means any plan in which premiums are

39-43 distributed by random or chance selection.

40-1 2. "Commissioner" means the commissioner of consumer affairs.

40-2 3. "Consumer" means a person who is solicited by a seller or salesman.

40-3 4. "Division" means the consumer affairs division of the department of

40-4 business and industry.

40-5 5. "Donation" means a promise, grant or pledge of money, credit,

40-6 property, financial assistance or other thing of value given in response to a

40-7 solicitation by telephone, including, but not limited to, a payment or

40-8 promise to pay in consideration for a performance, event or sale of goods

40-9 or services. The term does not include volunteer services, government

40-10 grants or contracts or a payment by members of any organization of

40-11 membership fees, dues, fines or assessments or for services rendered by the

40-12 organization to those persons, if:

40-13 (a) The fees, dues, fines, assessments or services confer a bona fide

40-14 right, privilege, professional standing, honor or other direct benefit upon

40-15 the member; and

40-16 (b) Membership in the organization is not conferred solely in

40-17 consideration for making a donation in response to a solicitation.

40-18 6. "Goods or services" means any property, tangible or intangible, real,

40-19 personal or mixed, and any other article, commodity or thing of value.

40-20 7. "Premium" includes any prize, bonus, award, gift or any other

40-21 similar inducement or incentive to purchase.

40-22 8. "Recovery service" means a business or other practice whereby a

40-23 person represents or implies that he will, for a fee, recover any amount of

40-24 money that a consumer has provided to a seller or salesman pursuant to a

40-25 solicitation governed by the provisions of this chapter.

40-26 9. "Salesman" means any person:

40-27 (a) Employed or authorized by a seller to sell, or to attempt to sell,

40-28 goods or services by telephone;

40-29 (b) Retained by a seller to provide consulting services relating to the

40-30 management or operation of the seller’s business; or

40-31 (c) Who communicates on behalf of a seller with a consumer:

40-32 (1) In the course of a solicitation by telephone; or

40-33 (2) For the purpose of verifying, changing or confirming an
40-34 order,

40-35 except that a person is not a salesman if his only function is to identify a

40-36 consumer by name only and he immediately refers the consumer to a

40-37 salesman.

40-38 10. Except as otherwise provided in subsection 11, "seller" means any

40-39 person who, on his own behalf, causes or attempts to cause a solicitation by

40-40 telephone to be made through the use of one or more salesmen or any

40-41 automated dialing announcing device under any of the following

40-42 circumstances:

41-1 (a) The person initiates contact by telephone with a consumer and

41-2 represents or implies:

41-3 (1) That a consumer who buys one or more goods or services will

41-4 receive additional goods or services, whether or not of the same type as

41-5 purchased, without further cost, except for actual postage or common

41-6 carrier charges;

41-7 (2) That a consumer will or has a chance or opportunity to receive a

41-8 premium;

41-9 (3) That the items for sale are gold, silver or other precious metals,

41-10 diamonds, rubies, sapphires or other precious stones, or any interest in oil,

41-11 gas or mineral fields, wells or exploration sites or any other investment

41-12 opportunity;

41-13 (4) That the product offered for sale is information or opinions

41-14 relating to sporting events;

41-15 (5) That the product offered for sale is the services of a recovery

41-16 service; or

41-17 (6) That the consumer will receive a premium , or goods or services if

41-18 he makes a donation;

41-19 (b) The solicitation by telephone is made by the person in response to

41-20 inquiries from a consumer generated by a notification or communication

41-21 sent or delivered to the consumer that represents or implies:

41-22 (1) That the consumer has been in any manner specially selected to

41-23 receive the notification or communication or the offer contained in the

41-24 notification or communication;

41-25 (2) That the consumer will receive a premium if the recipient calls the

41-26 person;

41-27 (3) That if the consumer buys one or more goods or services from the

41-28 person, the consumer will also receive additional or other goods or

41-29 services, whether or not the same type as purchased, without further cost or

41-30 at a cost that the person represents or implies is less than the regular price

41-31 of the goods or services;

41-32 (4) That the product offered for sale is the services of a recovery

41-33 service; or

41-34 (5) That the consumer will receive a premium or goods or services if

41-35 he makes a donation; or

41-36 (c) The solicitation by telephone is made by the person in response to

41-37 inquiries generated by advertisements that represent or imply that the

41-38 person is offering to sell any:

41-39 (1) Gold, silver or other metals, including coins, diamonds, rubies,

41-40 sapphires or other stones, coal or other minerals or any interest in oil, gas

41-41 or other mineral fields, wells or exploration sites, or any other investment

41-42 opportunity;

41-43 (2) Information or opinions relating to sporting events; or

42-1 (3) Services of a recovery service.

42-2 11. "Seller" does not include:

42-3 (a) A person licensed pursuant to chapter 90 of NRS when soliciting

42-4 offers, sales or purchases within the scope of his license.

42-5 (b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or

42-6 696A of NRS when soliciting sales within the scope of his license.

42-7 (c) A person licensed as an insurance broker, agent or solicitor when

42-8 soliciting sales within the scope of his license.

42-9 (d) Any solicitation of sales made by the publisher of a newspaper or

42-10 magazine or by an agent of the publisher pursuant to a written agreement

42-11 between the agent and publisher.

42-12 (e) A broadcaster soliciting sales who is licensed by any state or federal

42-13 authority, if the solicitation is within the scope of the broadcaster’s license.

42-14 (f) A person who solicits a donation from a consumer when:

42-15 (1) The person represents or implies that the consumer will receive a

42-16 premium or goods or services with an aggregated fair market value of 2

42-17 percent of the donation or $50, whichever is less; or

42-18 (2) The consumer provides a donation of $50 or less in response to

42-19 the solicitation.

42-20 (g) A charitable organization which is registered or approved to conduct

42-21 a lottery pursuant to chapter 462 of NRS.

42-22 (h) A public utility [~~or]~~ , taxicab motor carrier , limousine motor

42-23 carrier or carrier of household goods which is regulated pursuant to

42-24 chapter 704 or 706 of NRS, or [~~by]~~ an affiliate of such a utility or [~~motor]~~

42-25 carrier, if the solicitation is within the scope of its certificate or [~~license.]~~

42-26 permit.

42-27 (i) A utility which is regulated pursuant to chapter 710 of NRS, or [~~by]~~

42-28 an affiliate of such a utility.

42-29 (j) A person soliciting the sale of books, recordings, video cassettes,

42-30 software for computer systems or similar items through:

42-31 (1) An organization whose method of sales is governed by the

42-32 provisions of Part 425 of Title 16 of the Code of Federal Regulations

42-33 relating to the use of negative option plans by sellers in commerce;

42-34 (2) The use of continuity plans, subscription arrangements,

42-35 arrangements for standing orders, supplements, and series arrangements

42-36 pursuant to which the person periodically ships merchandise to a consumer

42-37 who has consented in advance to receive the merchandise on a periodic

42-38 basis and has the opportunity to review the merchandise for at least 10 days

42-39 and return it for a full refund within 30 days after it is received; or

42-40 (3) An arrangement pursuant to which the person ships merchandise

42-41 to a consumer who has consented in advance to receive the merchandise

42-42 and has the opportunity to review the merchandise for at least 10 days and

42-43 return it for a full refund within 30 days after it is received.

43-1 (k) A person who solicits sales by periodically publishing and delivering

43-2 a catalog to consumers if the catalog:

43-3 (1) Contains a written description or illustration of each item offered

43-4 for sale and the price of each item;

43-5 (2) Includes the business address of the person;

43-6 (3) Includes at least 24 pages of written material and illustrations;

43-7 (4) Is distributed in more than one state; and

43-8 (5) Has an annual circulation by mailing of not less than 250,000.

43-9 (l) A person soliciting without the intent to complete and who does not

43-10 complete, the sales transaction by telephone but completes the sales

43-11 transaction at a later face-to-face meeting between the solicitor and the

43-12 consumer, if the person, after soliciting a sale by telephone, does not cause

43-13 another person to collect the payment from or deliver any goods or services

43-14 purchased to the consumer.

43-15 (m) Any commercial bank, bank holding company, subsidiary or

43-16 affiliate of a bank holding company, trust company, savings and loan

43-17 association, credit union, industrial loan company, personal property

43-18 broker, consumer finance lender, commercial finance lender, or insurer

43-19 subject to regulation by an official or agency of this state or of the United

43-20 States, if the solicitation is within the scope of the certificate or license held

43-21 by the entity.

43-22 (n) A person holding a certificate of authority issued pursuant to chapter

43-23 452 of NRS when soliciting sales within the scope of the certificate.

43-24 (o) A person licensed pursuant to chapter 689 of NRS when soliciting

43-25 sales within the scope of his license.

43-26 (p) A person soliciting the sale of services provided by a community

43-27 antenna television company subject to regulation pursuant to chapter 711 of

43-28 NRS.

43-29 (q) A person soliciting the sale of agricultural products, if the

43-30 solicitation is not intended to and does not result in a sale of more than

43-31 $100 that is to be delivered to one address. As used in this paragraph,

43-32 "agricultural products" has the meaning ascribed to it in NRS 587.290.

43-33 (r) A person who has been operating, for at least 2 years, a retail

43-34 business establishment under the same name as that used in connection with

43-35 the solicitation of sales by telephone if, on a continuing basis:

43-36 (1) Goods are displayed and offered for sale or services are offered

43-37 for sale and provided at the person’s business establishment; and

43-38 (2) At least 50 percent of the person’s business involves the buyer

43-39 obtaining such goods or services at the person’s business establishment.

43-40 (s) A person soliciting only the sale of telephone answering services to

43-41 be provided by the person or his employer.

43-42 (t) A person soliciting a transaction regulated by the Commodity Futures

43-43 Trading Commission, if:

44-1 (1) The person is registered with or temporarily licensed by the

44-2 Commission to conduct that activity pursuant to the Commodity Exchange

44-3 Act , [(] 7 U.S.C. §§ 1 et seq. ; [~~);]~~ and

44-4 (2) The registration or license has not expired or been suspended or

44-5 revoked.

44-6 (u) A person who contracts for the maintenance or repair of goods

44-7 previously purchased from the person:

44-8 (1) Making the solicitation; or

44-9 (2) On whose behalf the solicitation is made.

44-10 (v) A person to whom a license to operate an information service or a

44-11 nonrestricted gaming license, which is current and valid, has been issued

44-12 pursuant to chapter 463 of NRS when soliciting sales within the scope of

44-13 his license.

44-14 (w) A person who solicits a previous customer of the business on whose

44-15 behalf the call is made if the person making the call:

44-16 (1) Does not offer the customer any premium in connection with the

44-17 sale;

44-18 (2) Is not selling an investment or an opportunity for an investment

44-19 that is not registered with any state or federal authority; and

44-20 (3) Is not regularly engaged in telephone sales.

44-21 (x) A person who solicits the sale of livestock.

44-22 (y) An issuer which has a class of securities that is listed on the New

44-23 York Stock Exchange, the American Stock Exchange or the National

44-24 Market System of the National Association of Securities Dealers

44-25 Automated Quotation System.

44-26 (z) A subsidiary of an issuer that qualifies for exemption pursuant to

44-27 paragraph (y) if at least 60 percent of the voting power of the shares of the

44-28 subsidiary is owned by the issuer.

44-29 Sec. 79. NRS 706.021, 706.056, 706.072, 706.158, 706.168, 706.445,

44-30 706.446, 706.4463, 706.4464, 706.4465, 706.4467, 706.4468, 706.4469,

44-31 706.4473, 706.4475, 706.4477, 706.4479, 706.4483, 706.4485, 706.449,

44-32 706.451 and 706.453 are hereby repealed.

44-33 Sec. 80. Any regulations relating to liability insurance adopted by the

44-34 transportation services authority pursuant to NRS 706.291, 706.303 or

44-35 706.305, remain in force until amended by the department of motor

44-36 vehicles and public safety. On and after October 1, 1999, such regulations

44-37 must be enforced by the department of motor vehicles and public safety.

44-38 Sec. 81. On October 1, 1999, the transportation services authority

44-39 shall forward to the department of motor vehicles and public safety all

44-40 liability insurance policies, certificates of insurance, bonds of a surety

44-41 company and other surety which have been filed with the transportation

44-42 services authority.

45-1 LEADLINES OF REPEALED SECTIONS

45-2 706.021 "Broker" defined.

45-3 706.056 "Converter gear dolly" defined.

45-4 706.072 "Fully regulated carrier" defined.

45-5 706.158 Inapplicability of provisions governing brokers to motor

45-6 clubs and charitable organizations.

45-7 706.168 Supervision of motor carriers separate from supervision

45-8 of brokers.

45-9 706.445 Limitations on power of authority to regulate towing

45-10 services.

45-11 706.446 Certain operators of tow cars not required to obtain

45-12 certificates of public convenience and necessity.

45-13 706.4463 Requirements for operators of tow cars: Certificates of

45-14 public convenience and necessity; size and weight of tow cars;

45-15 applications for certificates.

45-16 706.4464 Transfer of certificate of public convenience and

45-17 necessity: Conditions; application; hearing; approval.

45-18 706.4465 Operator of tow car required to maintain dispatcher’s

45-19 log.

45-20 706.4467 Requirements for towing and storing towed motor

45-21 vehicles, cargo and personal property.

45-22 706.4468 Operator of tow car required to file charges for

45-23 preparing or satisfying liens with authority; conditions for imposing

45-24 charges.

45-25 706.4469 Release of motor vehicle connected to tow car at point of

45-26 origination of towing.

45-27 706.4473 Operator required to inform owner of towed motor

45-28 vehicle of right to file complaint with authority.

45-29 706.4475 Operator prohibited from knowingly towing vehicle after

45-30 another operator already requested.

45-31 706.4477 Conditions for person other than owner of motor vehicle

45-32 to request towing.

45-33 706.4479 Duties of operator if motor vehicle towed at request of

45-34 person other than owner.

45-35 706.4483 Authority to act upon complaints relating to operators of

45-36 tow cars; remedies.

45-37 706.4485 Conditions for inclusion of operator of tow car on list

45-38 maintained and utilized by law enforcement agency.

46-1 706.449 Administrative fine for failure to pay charge for cleaning

46-2 roadway after accident.

46-3 706.451 Annual fee; penalty and interest.

46-4 706.453 Exemption of certain automobile wreckers.