Senate Bill No. 387–Committee on Transportation

March 12, 1999

____________

Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing maintenance and use by Nevada highway patrol of lists of operators of tow cars. (BDR 58-1607)

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 tow cars; revising the provisions governing the maintenance and use by the Nevada highway patrol of lists of operators of tow cars; 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. NRS 706.4485 is hereby amended to read as follows:

1-2 706.4485 1. A law enforcement agency that maintains and uses a list

1-3 of operators of tow cars which are called by that agency to provide towing

1-4 shall not include an operator of a tow car on the list unless he:

1-5 [1.] (a) Holds a certificate of public convenience and necessity issued

1-6 by the authority.

1-7 [2.] (b) Complies with all applicable provisions of this chapter and

1-8 chapters 482 and 484 of NRS.

1-9 [3.] (c) Agrees to respond in a timely manner to requests for towing

1-10 made by the agency.

1-11 [4.] (d) Maintains adequate, accessible and secure storage within the

1-12 State of Nevada for any vehicle that is towed.

1-13 [5.] (e) Complies with all standards the law enforcement agency may

1-14 adopt to protect the health, safety and welfare of the public.

1-15 [6.] (f) Assesses only rates and charges that have been approved by the

1-16 authority for towing services performed without the prior consent of the

1-17 owner of the vehicle or the person authorized by the owner to operate the

1-18 vehicle.

2-1 [7.] 2. The authority shall not require that an operator of a tow car

2-2 charge the same rate to law enforcement agencies for towing services

2-3 performed without the prior consent of the owner of the vehicle or the

2-4 person authorized by the owner to operate the vehicle that the operator

2-5 charges to other persons for such services.

2-6 3. Except as otherwise provided in this subsection, if an operator of a

2-7 tow car is included on a list of operators of tow cars that is maintained

2-8 and used by the Nevada highway patrol pursuant to this section, the

2-9 Nevada highway patrol shall not remove the operator of the tow car from

2-10 the list, or restrict his use pursuant thereto, solely on the ground that the

2-11 operator is insured under the same policy of insurance as one other

2-12 operator of a tow car who is included on the list and operates in the same

2-13 geographical area. An operator of a tow car is not eligible for inclusion

2-14 on the list if the operator is insured under the same policy of insurance

2-15 as two or more other operators of tow cars who are included on the list

2-16 and operate in the same geographical area.

2-17 Sec. 2. 1. Not later than 10 days after the effective date of this act,

2-18 the Nevada highway patrol shall add to the list of operators of tow cars

2-19 maintained and used by it pursuant to the provisions of NRS 706.4485 any

2-20 operator of a tow car who:

2-21 (a) Is eligible pursuant to NRS 706.4485 to be included on the list; and

2-22 (b) Was included on the list on June 30, 1998, and was subsequently

2-23 removed from that list by the Nevada highway patrol solely on the ground

2-24 that the operator was insured under the same policy of insurance as one

2-25 other operator of a tow car who was included on the list and operated in the

2-26 same geographical area.

2-27 2. An operator of a tow car who is added to the list pursuant to the

2-28 provisions of subsection 1:

2-29 (a) Must remain on the list as long as he is qualified for inclusion on the

2-30 list pursuant to NRS 706.4485.

2-31 (b) Does not have a cause of action for any damages incurred by him

2-32 because of his removal from the list.

2-33 Sec. 3. This act becomes effective upon passage and approval.

~