Senate Bill No. 324–Senator Washington
March 5, 1999
____________
Referred to Committee on Transportation
SUMMARY—Provides for regulation of taxicabs by local governments under certain circumstances. (BDR 58-1177)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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 thereto1-2
the provisions set forth as sections 2 to 17, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the1-4
context otherwise requires, the words and terms defined in sections 3 to1-5
6, inclusive, of this act, have the meanings ascribed to them in those1-6
sections.1-7
Sec. 3. "Department" means the department of motor vehicles and1-8
public safety.1-9
Sec. 4. "Governing body" means the governing body of a county1-10
whose population is 100,000 or more but less than 400,000, or of an1-11
incorporated city located within such a county.1-12
Sec. 5. 1. "Taxicab" means a motor vehicle:1-13
(a) Which is designed or constructed to accommodate and transport1-14
not more than six passengers, including the driver;1-15
(b) Which operates for hire 50 percent or more of the time during the1-16
calendar year; and1-17
(c) Which is:2-1
(1) Fitted with a taximeter or other device to indicate and determine2-2
the passenger fare charged;2-3
(2) Used in the transportation of passengers or light express, or2-4
both, for which a charge or fee is received; or2-5
(3) Operated in any service which is held out to the public as being2-6
available for the transportation of passengers from place to place in the2-7
State of Nevada.2-8
2. "Taxicab" does not include a motor vehicle of:2-9
(a) A common motor carrier;2-10
(b) A contract motor carrier which operates along fixed routes; or2-11
(c) An employer who operates the vehicle for the transportation of his2-12
employees, whether or not the employees pay for the transportation.2-13
Sec. 6. "Taxicab motor carrier" means a person who owns and2-14
operates a taxicab or who operates a taxicab pursuant to a lease2-15
agreement.2-16
Sec. 7. 1. Sections 2 to 17, inclusive, of this act apply to:2-17
(a) Any county whose population is 100,000 or more but less than2-18
400,000; or2-19
(b) Any incorporated city located within such a county,2-20
if the governing body of the county or city has enacted an ordinance2-21
pursuant to section 8 of this act approving the exclusion of the county or2-22
city from the jurisdiction of the transportation services authority with2-23
regard to the regulation of taxicab motor carriers.2-24
2. Within any such county or city, the provisions of this chapter that2-25
confer regulatory authority over taxicab motor carriers upon the2-26
transportation services authority do not apply.2-27
Sec. 8. 1. A governing body of a county whose population is2-28
100,000 or more but less than 400,000 or of an incorporated city located2-29
within such a county may, by ordinance, exclude from the jurisdiction of2-30
the transportation services authority taxicab motor carriers that are2-31
based and primarily operate within the county or city.2-32
2. If a governing body enacts an ordinance approving the exclusion2-33
of the county or city from the jurisdiction of the transportation services2-34
authority, the governing body may enact such other ordinances as it may2-35
deem necessary to regulate the conduct of the business of taxicab motor2-36
carriers that are based and primarily operate within the jurisdiction of2-37
the governing body. If enacted, such ordinances must be consistent with2-38
the legislative policies set forth in NRS 706.151.2-39
3. Upon enacting an ordinance approving the exclusion of a county2-40
or city from the jurisdiction of the transportation services authority, the2-41
governing body shall notify the transportation services authority and the2-42
department of the ordinance.3-1
4. Not later than 30 days after being notified that the governing body3-2
of a county or city has enacted an ordinance approving the exclusion of3-3
the county or city from the jurisdiction of the transportation services3-4
authority, the transportation services authority shall forward to the3-5
department all liability insurance policies, certificates of insurance,3-6
bonds of a surety company and other surety which have been filed with3-7
the transportation services authority for those taxicab motor carriers that3-8
are based and operate primarily within the jurisdiction of the governing3-9
body which enacted the ordinance.3-10
Sec. 9. The department may, by regulation, adopt standards for3-11
safety for drivers and vehicles of taxicab motor carriers that are excluded3-12
from the jurisdiction of the transportation services authority pursuant to3-13
section 8 of this act.3-14
Sec. 10. A person who leases a taxicab to an independent contractor3-15
is jointly and severally liable with the independent contractor for any3-16
violation of the provisions of sections 2 to 17, inclusive, of this act or the3-17
regulations adopted pursuant thereto, and shall ensure that the3-18
independent contractor complies with such provisions and regulations.3-19
Sec. 11. The department shall adopt regulations requiring all3-20
taxicab motor carriers that are excluded from the jurisdiction of the3-21
transportation services authority pursuant to section 8 of this act to3-22
maintain a contract of insurance against liability for injury to persons3-23
and damage to property for each taxicab or other vehicle operated in the3-24
course of business by the taxicab motor carrier. The amounts of coverage3-25
required by the regulations:3-26
1. Must not exceed a total of:3-27
(a) For bodily injury to or the death of one person in any one3-28
accident, $250,000;3-29
(b) Subject to the limitations of paragraph (a), for bodily injury to or3-30
the death of two or more persons in any one accident, $500,000; and3-31
(c) For injury to or destruction of property in any one accident,3-32
$50,000; or3-33
2. Must not exceed a combined single-limit for bodily injury to or the3-34
death of one or more persons and for injury to or destruction of property3-35
in any one accident, of $500,000.3-36
Sec. 12. 1. Except as otherwise provided in subsection 2, a taxicab3-37
motor carrier that is subject to the provisions of section 11 of this act may3-38
operate under a program of self-insurance in compliance with the3-39
provisions of section 13 or 14 of this act in lieu of the insurance against3-40
liability required by the regulations adopted pursuant to section 11 of this3-41
act.4-1
2. Such a taxicab motor carrier shall not operate under a program of4-2
self-insurance if any judgment recovered against it has not been paid in4-3
full.4-4
Sec. 13. 1. In lieu of the insurance against liability required by the4-5
regulations adopted pursuant to section 11 of this act, a taxicab motor4-6
carrier that is subject to the provisions of section 11 of this act may file4-7
with the department:4-8
(a) A bond of a surety company authorized to transact business in this4-9
state; or4-10
(b) A bond with at least two individual sureties each owning real4-11
property within this state, and together having equities equal in value to4-12
at least twice the amount of the bond, if the real property is scheduled in4-13
the bond and the bond is approved by a judge of a court of record.4-14
2. Any bond filed pursuant to subsection 1 must be conditioned for4-15
payments in the amounts and under the same circumstances as would be4-16
required in a contract of insurance against liability complying with the4-17
regulations adopted pursuant to section 11 of this act. The bond may not4-18
be canceled unless 10 days before cancellation written notice is given to4-19
the department.4-20
3. Upon the filing of notice by the department in the office of the4-21
county clerk of the county in which the real property is located, the bond4-22
constitutes a lien in favor of this state upon the real property scheduled in4-23
the bond. The lien exists in favor of any holder of a judgment against the4-24
person who has filed the bond.4-25
4. If a judgment rendered against the principal on a bond filed4-26
pursuant to subsection 1 is not satisfied within 60 days after it has4-27
become final, the judgment creditor may, for his own use and benefit and4-28
at his own expense, bring an action in the name of the State of Nevada4-29
against the company or persons executing the bond, including an action4-30
or proceeding to foreclose any lien that may exist upon the real property4-31
of a person who has executed the bond.4-32
Sec. 14. 1. In lieu of the insurance against liability required by the4-33
regulations adopted pursuant to section 11 of this act, a taxicab motor4-34
carrier that is subject to the provisions of section 11 of this act may4-35
deposit with the department:4-36
(a) Any security in the amount of $500,000; or4-37
(b) An amount equal to 110 percent of the average annual costs of4-38
claims incurred by the carrier for accidents involving motor vehicles4-39
during the immediately preceding 3 years,4-40
whichever is less, but in no event may the deposit be less than $250,000.4-41
The security deposited may be in any form authorized by section 15 of4-42
this act. The department shall not accept a deposit unless it is5-1
accompanied by evidence that there are no unsatisfied judgments of any5-2
kind against the depositor in the county in which the depositor resides.5-3
2. A taxicab motor carrier depositing money with the department5-4
pursuant to subsection 1 shall authorize payments from the deposit in the5-5
amounts and under the same circumstances as would be required in a5-6
contract of insurance against liability that is in compliance with the5-7
regulations adopted pursuant to section 11 of this act.5-8
3. Any security deposited must be used to satisfy any judgment5-9
obtained against the depositor that is final and has not been paid within5-10
30 days after the date of the judgment, unless otherwise ordered by the5-11
court issuing the judgment. A depositor, within 24 hours after receiving5-12
notice that the security has been used to satisfy a judgment obtained5-13
against him, shall deposit with the department an amount that is5-14
necessary to maintain with the department the amount required by5-15
subsection 1. The failure to maintain the full amount required by5-16
subsection 1 is a ground for the cancellation of the depositor’s certificate5-17
of self-insurance.5-18
4. Any money collected by the department pursuant to subsection 15-19
must be deposited with the state treasurer for credit to a separate account5-20
in the state general fund and used for payments authorized pursuant to5-21
subsection 2 or to refund money paid by a taxicab motor carrier that is5-22
no longer participating in a program of self-insurance.5-23
Sec. 15. For the purposes of section 14 of this act, the department5-24
may accept from a taxicab motor carrier any one of the following forms5-25
of security, or any combination thereof:5-26
1. A time certificate of deposit with any bank licensed or chartered by5-27
this state or the Federal Government, made payable to the carrier and the5-28
department.5-29
2. Bonds and securities issued or guaranteed by the Federal5-30
Government and made payable to the carrier and the department.5-31
3. A deposit in an amount required by section 14 of this act made5-32
with the state treasurer, with the department appointed as trustee of the5-33
deposit.5-34
4. A surety bond submitted on behalf of the carrier by any surety5-35
company authorized to transact business in this state.5-36
5. Any other form of security, including the net worth of the carrier,5-37
that is acceptable to the department.5-38
Sec. 16. 1. Any security deposited pursuant to section 13 or 14 of5-39
this act must be maintained for as long as the depositor holds a5-40
certificate of self-insurance or until all claims against the depositor5-41
which remain outstanding have reached final judgment and are paid,5-42
whichever is later.6-1
2. At the time of relinquishing his certificate of self-insurance, a6-2
taxicab motor carrier shall submit to the department a properly executed6-3
affidavit indicating all claims against the operator which are6-4
outstanding. The affidavit must contain the name of each claimant and6-5
the amount of each claim.6-6
Sec. 17. Sections 2 to 17, inclusive, of this act are not to be6-7
construed as a motor vehicle registration law and any license fees that6-8
may be imposed by a governing body pursuant thereto are in addition to6-9
the fees for motor vehicle registration required under the laws of this6-10
state.6-11
Sec. 18. NRS 706.151 is hereby amended to read as follows: 706.151 1. It is hereby declared to be the purpose and policy of the6-13
legislature in enacting this chapter:6-14
(a) Except to the extent otherwise provided in sections 2 to 17,6-15
inclusive, of this act, and NRS 706.881 to 706.885, inclusive, to confer6-16
upon the authority the power and to make it the duty of the authority to6-17
regulate fully regulated carriers, operators of tow cars and brokers of6-18
regulated services to the extent provided in this chapter and to confer upon6-19
the department the power to license all motor carriers and to make it the6-20
duty of the department to enforce the provisions of this chapter and the6-21
regulations adopted by the authority pursuant to it, to relieve the undue6-22
burdens on the highways arising by reason of the use of the highways by6-23
vehicles in a gainful occupation thereon.6-24
(b) To provide for reasonable compensation for the use of the highways6-25
in gainful occupations, and enable the State of Nevada, by using license6-26
fees, to provide for the proper construction, maintenance and repair thereof,6-27
and thereby protect the safety and welfare of the traveling and shipping6-28
public in their use of the highways.6-29
(c) To provide for fair and impartial regulation, to promote safe,6-30
adequate, economical and efficient service and to foster sound economic6-31
conditions in motor transportation.6-32
(d) To encourage the establishment and maintenance of reasonable6-33
charges for:6-34
(1) Intrastate transportation by fully regulated carriers; and6-35
(2) Towing services performed without the prior consent of the owner6-36
of the vehicle or the person authorized by the owner to operate the6-38
without unjust discriminations against or undue preferences or advantages6-39
being given to any motor carrier or applicant for a certificate of public6-40
convenience and necessity.6-41
(e) To discourage any practices which would tend to increase or create6-42
competition that may be detrimental to the traveling and shipping public or6-43
the motor carrier business within this state.7-1
2. All of the provisions of this chapter must be administered and7-2
enforced with a view to carrying out the declaration of policy contained in7-3
this section.7-4
Sec. 19. NRS 268.097 is hereby amended to read as follows: 268.097 1. Except as otherwise provided in subsections 2 and 3, and7-6
sections 2 to 17, inclusive, of this act, notwithstanding the provisions of7-7
any local, special or general law, after July 1, 1963, the governing body of7-8
any incorporated city in this state, whether incorporated by general or7-9
special act, or otherwise, may not supervise or regulate any taxicab motor7-10
carrier as defined in NRS 706.126 which is under the supervision and7-11
regulation of the transportation services authority pursuant to law.7-12
2. The governing body of any incorporated city in this state, whether7-13
incorporated by general or special act, or otherwise, may fix, impose and7-14
collect a license tax on and from a taxicab motor carrier for revenue7-15
purposes only.7-16
3. The governing body of any incorporated city in any county in which7-17
the provisions of NRS 706.8811 to 706.885, inclusive, and of sections 2 to7-18
17, inclusive, of this act, do not apply, whether incorporated by general or7-19
special act, or otherwise, may regulate by ordinance the qualifications7-20
required of employees or lessees of a taxicab motor carrier in a manner7-21
consistent with the regulations adopted by the transportation services7-22
authority.7-23
Sec. 20. NRS 373.117 is hereby amended to read as follows: 373.117 1. A regional transportation commission may establish or7-25
operate a public transit system consisting of regular routes and fixed7-26
schedules to serve the public.7-27
2. A regional transportation commission may lease vehicles to or from7-28
or enter into other contracts with a private operator for the provision of7-29
such a system.7-30
3. In a county whose population is less than 400,000, such a system7-31
may also provide service which includes:7-32
(a) Minor deviations from regular routes and fixed schedules on a7-33
recurring basis to serve the public transportation needs of passengers. The7-34
deviations must not exceed one-half mile from the regular routes.7-35
(b) The transporting of persons upon request without regard to regular7-36
routes or fixed schedules .7-37
by a common motor carrier .7-38
subject to the jurisdiction of the transportation services authority, the7-39
common motor carrier must have a certificate of public convenience and7-40
necessity issued by the transportation services authority pursuant to NRS7-41
706.386 to 706.411, inclusive, and the service by the common motor7-42
carrier is subject to the rules and regulations adopted by the transportation7-43
services authority for a fully regulated carrier.8-1
4. Notwithstanding the provisions of chapter 332 of NRS or NRS8-2
625.530, a regional transportation commission may utilize a turnkey8-3
procurement process to select a person to design, build, operate and8-4
maintain, or any combination thereof, a fixed guideway system, including,8-5
without limitation, any minimum operable segment thereof. The8-6
commission shall determine whether to utilize turnkey procurement for a8-7
fixed guideway project before the completion of the preliminary8-8
engineering phase of the project. In making that determination, the8-9
commission shall evaluate whether turnkey procurement is the most cost8-10
effective method of constructing the project on schedule and in satisfaction8-11
of its transportation objectives.8-12
5. Notwithstanding the provisions of chapter 332 of NRS, a regional8-13
transportation commission may utilize a competitive negotiation8-14
procurement process to procure rolling stock for a fixed guideway project.8-15
The award of a contract under such a process must be made to the person8-16
whose proposal is determined to be the most advantageous to the8-17
commission, based on price and other factors specified in the procurement8-18
documents.8-19
6. If a commission develops a fixed guideway project, the department8-20
of transportation is hereby designated to serve as the oversight agency to8-21
ensure compliance with the federal safety regulations for rail fixed8-22
guideway systems set forth in 49 C.F.R. Part 659.8-23
7. As used in this section:8-24
(a) "Fully regulated carrier" means a common carrier or contract carrier8-25
of passengers or household goods who is required to obtain from the8-26
transportation services authority a certificate of public convenience and8-27
necessity or a contract carrier’s permit and whose rates, routes and services8-28
are subject to regulation by the transportation services authority.8-29
(b) "Minimum operable segment" means the shortest portion of a fixed8-30
guideway system that is technically capable of providing viable public8-31
transportation between two end points.8-32
(c) "Public transit system" means a system employing motor buses, rails8-33
or any other means of conveyance, by whatever type of power, operated for8-34
public use in the conveyance of persons.8-35
(d) "Turnkey procurement" means a competitive procurement process8-36
by which a person is selected by a regional transportation commission,8-37
based on evaluation criteria established by the commission, to design,8-38
build, operate and maintain, or any combination thereof, a fixed guideway8-39
system, or a portion thereof, in accordance with performance criteria and8-40
technical specifications established by the commission.8-41
Sec. 21. This act becomes effective on July 1, 1999.