Senate Bill No. 491–Committee on Transportation
March 19, 1999
____________
Referred to Committee on Transportation
SUMMARY—Makes various changes relating to regulation of common and contract motor carriers, operators of tow cars, taxicab motor carriers and limousine motor carriers. (BDR 58-1606)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
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:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 21, inclusive, of this act.1-3
Sec. 2. "Administrator" means the administrator of the taxicab1-4
authority for southern Nevada or the taxicab authority for northern1-5
Nevada, as appropriate.1-6
Sec. 3. "Certificate holder" means:1-7
1. With regard to an operator of a tow car, a person who holds a1-8
current certificate of public convenience and necessity which was issued1-9
for the operation of a tow car with respect to towing services performed1-10
without the prior consent of the owner of the vehicle or the person1-11
authorized by the owner to operate the vehicle by:2-1
(a) The previously existing public service commission of Nevada2-2
before July 1, 1981, and which has not been transferred, revoked or2-3
suspended by the transportation services authority, or by operation of2-4
law; or2-5
(b) The transportation services authority and which has not been2-6
transferred, suspended or revoked by the transportation services2-7
authority or by operation of law.2-8
2. With regard to a taxicab motor carrier or a limousine motor2-9
carrier, a person who holds a current certificate of public convenience2-10
and necessity which was issued for the operation of a taxicab motor2-11
carrier or a limousine motor carrier subject to the jurisdiction of a2-12
taxicab authority by:2-13
(a) The previously existing public service commission of Nevada2-14
before July 1, 1981, and which has not been transferred, revoked or2-15
suspended by the transportation services authority, the previously2-16
existing taxicab authority, the taxicab authority for southern Nevada or2-17
the taxicab authority for northern Nevada, or by operation of law;2-18
(b) The previously existing taxicab authority and which has not been2-19
transferred, suspended or revoked by the transportation services2-20
authority, the previously existing taxicab authority, the taxicab authority2-21
for southern Nevada or the taxicab authority for northern Nevada, or by2-22
operation of law;2-23
(c) The transportation services authority and which has not been2-24
transferred, suspended or revoked by the transportation services2-25
authority, the previously existing taxicab authority, the taxicab authority2-26
for southern Nevada or the taxicab authority for northern Nevada, or by2-27
operation of law; or2-28
(d) The taxicab authority for southern Nevada or the taxicab authority2-29
for northern Nevada and which has not been transferred, suspended or2-30
revoked by the taxicab authority for southern Nevada or the taxicab2-31
authority for northern Nevada, or by operation of law.2-32
Sec. 4. "Driver" means a person who operates a taxicab or2-33
limousine that is regulated pursuant to this chapter, and includes a2-34
certificate holder if he actually operates the taxicab or limousine.2-35
Sec. 5. "Limousine motor carrier" means a person who operates a2-36
livery limousine or traditional limousine.2-37
Sec. 6. "Livery limousine" means a motor vehicle that:2-38
1. At the time of its manufacture, was a light truck, as that term is2-39
defined in 49 C.F.R. § 523.5, as that section existed on January 1, 1999;2-40
2. Has a capacity of 9 or more persons but less than 16 persons,2-41
including the driver; and3-1
3. Is engaged in the general transportation of persons for3-2
compensation and is not operated on a regular schedule or over regular3-3
routes.3-4
Sec. 7. "Operator of a tow car" means a person who provides towing3-5
services performed without the prior consent of the owner of the vehicle3-6
or the person authorized by the owner to operate the vehicle.3-7
Sec. 8. "Taxicab authority" means the taxicab authority for3-8
southern Nevada or the taxicab authority for northern Nevada, as3-9
determined pursuant to sections 12 and 13 of this act.3-10
Sec. 9. "Taximeter" means an instrument used in a taxicab for3-11
indicating the fare charged.3-12
Sec. 10. "Traditional limousine" means a motor vehicle that is3-13
engaged in the general transportation of persons for compensation and is3-14
not operated on a regular schedule or over regular routes and which:3-15
1. At the time of its manufacture, was a passenger automobile, as3-16
that term is defined in 49 C.F.R. § 523.4, as that section existed on3-17
January 1, 1999, and which was later modified to increase its length; or3-18
2. Has a capacity of less than 9 persons, including the driver.3-19
Sec. 11. All regulations, practices and service prescribed by the3-20
transportation services authority must be enforced and are prima facie3-21
reasonable unless suspended or found otherwise in an action brought for3-22
the purpose, or until changed or modified by the transportation services3-23
authority itself upon satisfactory showing made.3-24
Sec. 12. 1. A taxicab authority for southern Nevada, consisting of3-25
three members appointed by the governor, is hereby created. Each3-26
member shall serve for a term of 4 years. Not more than two members3-27
may be members of the same political party, and no elected officer of this3-28
state or any political subdivision is eligible for appointment. The3-29
members of the taxicab authority for southern Nevada must include:3-30
(a) A person who has knowledge and experience in business or3-31
accounting, or training and experience in the law;3-32
(b) A person who has knowledge and experience in the taxicab3-33
industry, except that the person may not be currently involved in a3-34
taxicab business as an owner or manager; and3-35
(c) A person who has knowledge and experience in the limousine3-36
industry, except that the person may not be currently involved in a3-37
limousine business as an owner or manager.3-38
2. The members of the taxicab authority for southern Nevada are in3-39
the unclassified service of the state.3-40
3. The taxicab authority for southern Nevada is the chief regulatory3-41
agency for the business of transporting passengers by taxicab motor3-42
carrier or limousine motor carrier in a county whose population is3-43
400,000 or more, and in such other counties which elect pursuant to4-1
section 20 of this act to be subject to the jurisdiction of the taxicab4-2
authority for southern Nevada. The taxicab authority for southern4-3
Nevada shall maintain its principal office in a county whose population4-4
is 400,000 or more.4-5
4. The taxicab authority for southern Nevada may adopt appropriate4-6
regulations applicable in the counties subject to its jurisdiction for the4-7
administration and enforcement of NRS 706.881 to 706.885, inclusive,4-8
and sections 12 to 21, inclusive, of this act, and for the conduct of the4-9
taxicab and limousine business and the qualifications of and the4-10
issuance of permits to drivers of taxicabs and of limousines, not4-11
inconsistent with the provisions of NRS 706.881 to 706.885, inclusive and4-12
sections 12 to 21, inclusive, of this act. The regulations may include4-13
different provisions for different counties to allow for differences among4-14
the counties subject to the jurisdiction of the taxicab authority for4-15
southern Nevada. Local law enforcement agencies and the Nevada4-16
highway patrol, upon request of the taxicab authority for southern4-17
Nevada, may assist in enforcing the provisions of NRS 706.881 to4-18
706.885, inclusive, and sections 12 to 21, inclusive, of this act, and the4-19
regulations adopted pursuant thereto by the taxicab authority for4-20
southern Nevada.4-21
Sec. 13. 1. A taxicab authority for northern Nevada, consisting of4-22
three members appointed by the governor, is hereby created. Each4-23
member shall serve for a term of 4 years. The members of the taxicab4-24
authority for northern Nevada must include:4-25
(a) The sheriff of a county whose population is 100,000 or more but4-26
less than 400,000;4-27
(b) A person who has knowledge and experience in the transportation4-28
industry; and4-29
(c) A person who has knowledge and experience in business or4-30
accounting.4-31
2. Each member of the taxicab authority for northern Nevada who is4-32
not a public employee is entitled to receive a salary of not more than $80,4-33
as fixed by the taxicab authority for northern Nevada, for each day4-34
actually employed on work of the taxicab authority for northern Nevada.4-35
3. While engaged in the business of the taxicab authority for4-36
northern Nevada, each member of the taxicab authority for northern4-37
Nevada is entitled to receive the per diem allowance and travel expenses4-38
provided for state officers and employees generally.4-39
4. The taxicab authority for northern Nevada is the chief regulatory4-40
agency for the business of transporting passengers by taxicab motor4-41
carrier or limousine motor carrier in a county whose population is4-42
100,000 or more but less than 400,000 and in such other counties which4-43
elect pursuant to section 20 of this act to be subject to the jurisdiction of5-1
the taxicab authority for northern Nevada. The taxicab authority for5-2
northern Nevada shall maintain its principal office in a county whose5-3
population is 100,000 or more but less than 400,000.5-4
5. The taxicab authority for northern Nevada may adopt appropriate5-5
regulations applicable in the counties subject to its jurisdiction for the5-6
administration and enforcement of NRS 706.881 to 706.885, inclusive,5-7
and sections 12 to 21, inclusive, of this act, and for the conduct of the5-8
taxicab business and the qualifications of and the issuance of permits to5-9
drivers of taxicabs and of limousines, not inconsistent with the provisions5-10
of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of5-11
this act. The regulations may include different provisions for different5-12
counties to allow for differences among the counties subject to the5-13
jurisdiction of the taxicab authority for northern Nevada. Local law5-14
enforcement agencies and the Nevada highway patrol, upon request of5-15
the taxicab authority for northern Nevada, may assist in enforcing the5-16
provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21,5-17
inclusive, of this act, and the regulations adopted pursuant thereto by the5-18
taxicab authority for northern Nevada.5-19
Sec. 14. Except to the extent of any inconsistency with the provisions5-20
of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of5-21
this act, every order issued by the transportation services authority or the5-22
previously existing taxicab authority remains in effect until the order is5-23
modified or rescinded by a taxicab authority. The taxicab authority for5-24
southern Nevada or the taxicab authority for northern Nevada, as5-25
appropriate, shall enforce such an order until the order is modified or5-26
rescinded.5-27
Sec. 15. 1. If a taxicab authority has established a system of5-28
allocations for taxicabs and limousines in a county subject to its5-29
jurisdiction, the taxicab authority shall, on or before April 1 of each year,5-30
increase the number of allocated taxicabs and limousines in that county5-31
by a percentage which is equal to the average of:5-32
(a) The percentage of increase, if any, in the number of passengers5-33
who traveled into an airport located in that county during the preceding5-34
calendar year, as reported by the board of county commissioners of the5-35
county in which the airport is located; and5-36
(b) The percentage of increase, if any, in the population of that county5-37
during the preceding calendar year, as determined from the certifications5-38
made pursuant to NRS 360.285.5-39
2. Except as otherwise provided in this subsection, on or before5-40
February 15, each board of county commissioners in this state shall5-41
prepare and cause to be published an annual report setting forth the5-42
number of passengers who arrived by commercial airline at an airport5-43
located in the county during each month in the preceding calendar year.6-1
A board of county commissioners does not have to submit a report6-2
pursuant to this subsection if no commercial airline operates at any6-3
airport located within the county.6-4
Sec. 15.5. (Deleted by amendment.)6-5
Sec. 16. Except as otherwise provided in subsection 6 of NRS6-6
706.8827:6-7
1. Not later than 45 days after the date on which a taxicab authority6-8
receives an application for a certificate of public convenience and6-9
necessity for the operation of a limousine, the taxicab authority shall6-10
hold a prehearing conference with the applicant.6-11
2. The taxicab authority may authorize discovery on the application,6-12
beginning on the first day after the day on which the prehearing6-13
conference is held. The period for discovery may not exceed 90 days.6-14
3. If a period for discovery is authorized pursuant to subsection 2,6-15
the taxicab authority shall provide a period for response, beginning on6-16
the first day after the date on which the period for discovery expires. The6-17
period for response may not exceed 30 days.6-18
4. The taxicab authority shall hold a hearing on the application not6-19
later than 120 days after the date on which the prehearing conference is6-20
held.6-21
Sec. 17. An applicant for a driver’s permit pursuant to NRS6-22
706.8841 must include his social security number with his application for6-23
the initial issuance or renewal of a driver’s permit. The taxicab authority6-24
to which the application for a driver’s permit is submitted shall keep the6-25
social security number of each applicant and licensee in the record for6-26
the applicant or permittee, as appropriate.6-27
Sec. 18. 1. A person who applies to a taxicab authority for the6-28
issuance or renewal of a driver’s permit pursuant to NRS 706.8841 shall6-29
submit to the taxicab authority the statement prescribed by the welfare6-30
division of the department of human resources pursuant to NRS 425.520.6-31
The statement must be completed and signed by the applicant.6-32
2. Each taxicab authority shall include the statement required6-33
pursuant to subsection 1 in:6-34
(a) The application or any other forms that must be submitted for the6-35
issuance or renewal of the permit; or6-36
(b) A separate form prescribed by the taxicab authority.6-37
3. A driver’s permit may not be issued or renewed by a taxicab6-38
authority if the applicant:6-39
(a) Fails to submit the statement required by subsection 1; or6-40
(b) Indicates on the statement submitted pursuant to subsection 1 that6-41
he is subject to a court order for the support of a child and is not in6-42
compliance with the order or a plan approved by the district attorney or7-1
other public agency enforcing the order for the repayment of the amount7-2
owed pursuant to the order.7-3
4. If a person’s driver’s permit has been suspended or revoked7-4
pursuant to this chapter, the taxicab authority may not reinstate the7-5
permit if the person:7-6
(a) Fails to submit the statement required by subsection 1; or7-7
(b) Indicates on the statement submitted pursuant to subsection 1 that7-8
he is subject to a court order for the support of a child and is not in7-9
compliance with the order or a plan approved by the district attorney or7-10
other public agency enforcing the order for the repayment of the amount7-11
owed pursuant to the order.7-12
5. If the applicant indicates on the statement submitted pursuant to7-13
subsection 1 that he is subject to a court order for the support of a child7-14
and is not in compliance with the order or a plan approved by the district7-15
attorney or other public agency enforcing the order for the repayment of7-16
the amount owed pursuant to the order, the taxicab authority shall advise7-17
the applicant to contact the district attorney or other public agency7-18
enforcing the order to determine the actions that the applicant may take7-19
to satisfy the arrearage.7-20
6. The taxicab authority shall keep each statement submitted by an7-21
applicant pursuant to subsection 1 in the record of the applicant.7-22
Sec. 19. 1. If a taxicab authority receives a copy of a court order7-23
issued pursuant to NRS 425.540 that provides for the suspension of all7-24
professional, occupational and recreational licenses, certificates and7-25
permits issued to a person who is the holder of a driver’s permit issued by7-26
that taxicab authority, the taxicab authority shall deem the driver’s7-27
permit issued to that person to be suspended at the end of the 30th day7-28
after the date on which the court order was issued unless the taxicab7-29
authority receives a letter issued to the holder of the permit by the district7-30
attorney or other public agency pursuant to NRS 425.550 stating that the7-31
holder of the permit has complied with the subpoena or warrant or has7-32
satisfied the arrearage pursuant to NRS 425.560.7-33
2. A taxicab authority shall reinstate a driver’s permit that has been7-34
suspended by a district court pursuant to NRS 425.540 if the taxicab7-35
authority receives a letter issued by the district attorney or other public7-36
agency pursuant to NRS 425.550 to the person whose permit was7-37
suspended stating that the person whose permit was suspended has7-38
complied with the subpoena or warrant, or has satisfied the arrearage7-39
pursuant to NRS 425.560.7-40
Sec. 20. 1. The board of county commissioners of each county7-41
which is not otherwise subject to the jurisdiction of a taxicab authority7-42
pursuant to sections 12 and 13 of this act, shall, by ordinance, elect to:8-1
(a) Include the county in the jurisdiction of the taxicab authority for8-2
southern Nevada;8-3
(b) Include the county in the jurisdiction of the taxicab authority for8-4
northern Nevada; or8-5
(c) Exclude the county from the jurisdiction of both the taxicab8-6
authority for southern Nevada and the taxicab authority for northern8-7
Nevada.8-8
2. Upon enacting such an ordinance, the board of county8-9
commissioners shall notify each taxicab authority specified in the8-10
ordinance, the previous taxicab authority to whose jurisdiction the8-11
county was subject, if any, and the department of the ordinance.8-12
Sec. 21. 1. If a board of county commissioners enacts an8-13
ordinance approving the exclusion of the county from the jurisdiction of8-14
a taxicab authority pursuant to section 20 of this act, the board of county8-15
commissioners may enact such other ordinances as it may deem8-16
necessary to regulate the conduct of the business of taxicab motor8-17
carriers and limousine motor carriers that are based and primarily8-18
operate within that county. If enacted, such ordinances must be8-19
consistent with the legislative policies set forth in NRS 706.151.8-20
2. If a board of county commissioners enacts an ordinance8-21
approving the inclusion of the county in the jurisdiction of the taxicab8-22
authority for southern Nevada or the taxicab authority for northern8-23
Nevada, the board of county commissioners shall not amend or repeal8-24
the ordinance, or enact any other ordinance pursuant to section 20 of8-25
this act, for at least 2 years after the date on which the ordinance8-26
approving the inclusion of the county in the jurisdiction of a taxicab8-27
authority becomes effective.8-28
3. A person who is regulated by a county in accordance with this8-29
section shall pay to the county $100 per year for each taxicab and $2508-30
per year for each limousine that the person operates and a fee set by the8-31
board of county commissioners by ordinance that must not exceed 158-32
cents per trip for each compensable trip of each of those taxicabs, which8-33
may be added to the meter charge.8-34
4. Except as otherwise provided in this subsection, all money8-35
collected by the board of county commissioners relating to the regulation8-36
of taxicab motor carriers and limousine motor carriers pursuant to this8-37
section must be deposited with the county treasurer of that county and8-38
accounted for separately in the county general fund. All money collected8-39
by a county for a fine or other monetary penalty must be deposited with8-40
the state treasurer for deposit in the state general fund.8-41
5. No ordinance enacted by a board of county commissioners8-42
pursuant to:9-1
(a) Section 20 of this act to exclude the county from the jurisdiction of9-2
a taxicab authority; or9-3
(b) Subsection 1 to regulate the conduct of the business of taxicab9-4
motor carriers and limousine motor carriers that are based and primarily9-5
operate within that county,9-6
may be construed as motor vehicle registration law and any license fees9-7
that may be imposed by a board of county commissioners pursuant9-8
thereto are in addition to the fees for motor vehicle registration required9-9
under the laws of this state.9-10
Sec. 22. NRS 706.011 is hereby amended to read as follows: 706.011 As used in9-12
unless the context otherwise requires, the words and terms defined in NRS9-13
706.013 to 706.146, inclusive, and sections 2 to 10, inclusive, of this act9-14
have the meanings ascribed to them in those sections.9-15
Sec. 23. NRS 706.013 is hereby amended to read as follows: 706.013 "Advertise" means the commercial use of any medium,9-17
including, but not limited to, the radio or television, or a newspaper,9-18
magazine, directory, sign or other printed matter, by9-19
9-20
operator to the attention of members of the general public.9-21
Sec. 24. NRS 706.036 is hereby amended to read as follows: 706.036 "Common motor carrier" means any person or operator who9-23
holds himself out to the public as willing to transport by vehicle from place9-24
to place, either upon fixed route or on-call operations, passengers or9-25
property, including a common motor carrier of passengers9-26
common motor carrier of property .9-27
taxicab motor carrier9-28
tow car.9-29
Sec. 25. NRS 706.041 is hereby amended to read as follows: 706.041 "Common motor carrier of passengers" means any person or9-31
operator9-32
public as willing to transport by vehicle from place to place, either upon9-33
fixed route or on-call operations, passengers or passengers and light9-34
express for all who may choose to employ him. The term does not include9-35
a taxicab motor carrier or limousine motor carrier.9-36
Sec. 26. NRS 706.046 is hereby amended to read as follows: 706.046 "Common motor carrier of property" means any person or9-38
operator, including a motor convoy carrier, who holds himself out to the9-39
public as willing to transport by motor vehicle from place to place, either9-40
upon fixed route or on-call operations, the property of all who may choose9-41
to employ him. The term does not include an operator of a tow car.10-1
Sec. 27. NRS 706.051 is hereby amended to read as follows: 706.051 "Contract motor carrier" means any person or operator10-3
engaged in transportation by motor vehicle of passengers or household10-4
goods for compensation pursuant to continuing contracts with one person10-5
or a limited number of persons:10-6
1. For the furnishing of transportation services through the assignment10-7
of motor vehicles for a continuing period10-8
each person served;10-9
2. For the furnishing of transportation services designed to meet the10-10
distinct need of each individual customer; and10-11
3. Not operating as a common motor carrier of passengers or property10-12
10-13
Sec. 28. NRS 706.085 is hereby amended to read as follows: 706.085 "Household goods" means personal effects and property used10-15
or to be used in a dwelling which are part of the equipment or supply of the10-16
dwelling and10-17
10-18
or store, except property that the householder has purchased with the intent10-19
to use in his dwelling and that is transported at the request of, and the10-20
transportation charges paid to the carrier by, the householder.10-21
Sec. 29. NRS 706.124 is hereby amended to read as follows: 706.124 1. "Taxicab" means a vehicle which is not operated over a10-23
fixed route, is designed or constructed to accommodate and transport not10-24
more than six passengers, including the driver, and is:10-25
10-26
system to indicate and determine the passenger fare charged for the10-27
distance traveled;10-28
10-29
both, for which a charge or fee is charged or received; or10-30
10-31
available for the transportation of passengers from place to place in the10-32
State of Nevada.10-33
2. The term does not include a motor vehicle of:10-34
(a) A common motor carrier;10-35
(b) A contract motor carrier;10-36
(c) An employer who operates the vehicle for the transportation of his10-37
employees, whether or not the employees pay for the transportation;10-38
(d) An operator of a bus service; or10-39
(e) A limousine motor carrier.10-40
Sec. 30. NRS 706.151 is hereby amended to read as follows: 706.151 1. It is hereby declared to be the purpose and policy of the10-42
legislature in enacting this chapter:11-1
(a)11-2
11-3
the power and to make it the duty of the transportation services authority11-4
to regulate11-5
11-6
upon the department the power to license all motor carriers subject to the11-7
provisions of this chapter and to make it the duty of the department to11-8
enforce the provisions of this chapter and the regulations adopted by the11-9
transportation services authority pursuant11-10
undue burdens on the highways arising by reason of the use of the highways11-11
by vehicles in a gainful occupation thereon.11-12
(b) To provide for reasonable compensation for the use of the highways11-13
in gainful occupations, and enable the State of Nevada, by using license11-14
fees, to provide for the proper construction, maintenance and repair thereof,11-15
and thereby protect the safety and welfare of the traveling and shipping11-16
public in their use of the highways.11-17
(c) To provide for fair and impartial regulation, to promote safe,11-18
adequate, economical and efficient service and to foster sound economic11-19
conditions in motor transportation.11-20
(d) To encourage the establishment and maintenance of reasonable11-21
charges for11-22
11-23
11-24
the owner of the vehicle or the person authorized by the owner to operate11-25
the vehicle, without unjust discriminations against or undue preferences or11-26
advantages being given to any11-27
applicant for a certificate of public convenience and necessity.11-28
(e) To discourage any practices which would tend to increase or create11-29
competition that may be detrimental to the11-30
11-31
the owner of the vehicle or the person authorized by the owner to operate11-32
the vehicle within this state.11-33
2. All11-34
enforced with a view to carrying out the declaration of policy contained in11-35
this section.11-36
Sec. 31. NRS 706.1511 is hereby amended to read as follows: 706.1511 1. The transportation services authority is hereby created.11-38
2. The chief of the transportation services authority11-39
11-40
11-41
The governor shall appoint the commissioner for a term of 4 years.12-1
3. The12-2
appointed as the commissioner must have at least 2 years of experience in12-3
one or more of the following fields:12-4
(a) Accounting.12-5
(b) Business administration.12-6
(c) Economics.12-7
(d) Administrative law.12-8
(e) Transportation.12-9
(f) Professional engineering.12-10
12-11
12-12
12-13
12-14
12-15
12-16
4. The commissioner must be12-17
independent of the industries regulated by the transportation services12-18
authority. No elected officer of this state or any political subdivision is12-19
eligible for appointment.12-20
12-21
5. The commissioner shall give12-22
of the transportation services authority and shall not pursue any other12-23
business or vocation or hold any other office of profit.12-24
12-25
6. The commissioner serves at the pleasure of the governor.12-26
Sec. 32. NRS 706.1513 is hereby amended to read as follows: 706.1513 The transportation services authority may sue and be sued in12-28
the name of the transportation services authority.12-29
Sec. 33. NRS 706.1515 is hereby amended to read as follows: 706.1515 1. Any12-31
subject to the jurisdiction of the transportation services authority that12-32
elects to maintain its books and records outside the State of Nevada12-33
must, in addition to any other assessment and fees provided for by law, be12-34
assessed in advance by the transportation services authority for an amount12-35
which the transportation services authority reasonably estimates will be12-36
equal to the amount that will be incurred for the travel expenses and the12-37
excess of the out-of-state subsistence allowances over the in-state12-38
subsistence allowances, as fixed by NRS 281.160,12-39
commissioner of the transportation services authority and staff, for12-40
investigations, inspections and audits required to be performed outside this12-41
state.12-42
2. The12-43
this section must be determined by the transportation services authority13-1
upon the completion of each such investigation, inspection, audit or13-2
appearance .13-3
the estimated amount of the assessment, the transportation services13-4
authority shall refund the difference to the affected operator, as13-5
appropriate. If the actual amount of the assessment is greater than the13-6
estimated amount of the assessment paid by the affected operator, the13-7
transportation services authority shall assess the affected operator an13-8
amount that is equal to the difference between the estimated and actual13-9
assessment. The final assessment is due within 30 days after receipt by the13-10
affected13-11
assessment.13-12
3. The records of the transportation services authority relating to the13-13
additional costs incurred by reason of the necessary additional travel must13-14
be open for inspection by the affected13-15
operator at any time within the 30-day period.13-16
Sec. 34. NRS 706.1516 is hereby amended to read as follows: 706.1516 1. The transportation services authority regulatory fund is13-18
hereby created as a special revenue fund.13-19
provided in this section, all money collected by the transportation services13-20
authority pursuant to law must be deposited in the state treasury for credit13-21
to the fund.13-22
2. Money in the fund may be used only to defray the costs of:13-23
(a) Maintaining staff and equipment needed to regulate adequately13-24
persons subject to the jurisdiction of the transportation services authority.13-25
(b) Participating in all proceedings relevant to the jurisdiction of the13-26
transportation services authority.13-27
(c) Audits, inspections, investigations, publication of notices, reports13-28
and retaining consultants connected with that maintenance and13-29
participation.13-30
(d) The salaries, travel expenses and subsistence allowances of the13-31
13-32
authority.13-33
3. All claims against the fund must be paid as other claims against the13-34
state are paid.13-35
4. The transportation services authority must furnish upon request a13-36
statement showing the balance remaining in the fund as of the close of the13-37
preceding fiscal year.13-38
5. Money collected by the transportation services authority from a13-39
fine or penalty must be deposited into the state highway fund.13-40
Sec. 35. NRS 706.1517 is hereby amended to read as follows: 706.1517 Employees of the transportation services authority who are13-42
peace officers may carry firearms in the performance of their duties.14-1
Sec. 36. NRS 706.1518 is hereby amended to read as follows: 706.1518 Except as otherwise provided in NRS 706.1725, the14-3
transportation services authority shall make and publish biennial reports14-4
showing its proceedings. All biennial reports, records, proceedings, papers14-5
and files of the transportation services authority must be open at all14-6
reasonable times to the public.14-7
Sec. 37. NRS 706.156 is hereby amended to read as follows: 706.15614-9
operators of tow cars are hereby declared to be, to the extent provided in14-10
this chapter:14-11
14-12
14-13
14-14
14-15
14-16
14-17
14-18
14-19
14-20
14-21
14-22
Sec. 38. NRS 706.166 is hereby amended to read as follows: 706.166 The transportation services authority shall:14-24
1.14-25
extent provided in this chapter, supervise and regulate14-26
14-27
14-28
14-29
14-30
14-31
14-32
assessed for towing services performed without the prior consent of the14-33
operator of the vehicle or the person authorized by the owner to operate the14-34
vehicle and pursuant to the provisions of NRS14-35
706.791, inclusive14-36
2.14-37
14-38
14-39
14-40
equipment, facilities and operations of14-41
14-42
(a) Providing training in safety;15-1
(b) Reviewing and observing the programs or inspections of15-2
operators of tow cars relating to safety; and15-3
(c) Conducting inspections relating to safety .15-4
15-5
15-6
regulations providing for agreements between two or more15-7
15-8
(a)15-9
15-10
cars for towing services performed without the prior consent of the owner15-11
of the vehicle or the person authorized by the owner to operate the vehicle;15-12
15-13
15-14
15-15
15-16
(b) All charges of operators of tow cars for towing services performed15-17
without the prior consent of the owner of the vehicle or the person15-18
authorized by the owner to operate the vehicle .15-19
15-20
15-21
These regulations may not provide for collective agreements which restrain15-22
any party from taking free and independent action.15-23
15-24
transportation services authority pursuant to NRS 706.8819.15-25
Sec. 39. NRS 706.167 is hereby amended to read as follows: 706.167 1. Each15-27
15-28
authority shall:15-29
(a) Keep uniform and detailed accounts of all business transacted in the15-30
manner required by the transportation services authority by regulation and15-31
render them to the transportation services authority upon its request.15-32
(b) Furnish an annual report to the transportation services authority in15-33
the form and detail that it prescribes by regulation.15-34
The regulations of the transportation services authority may not require an15-35
operator of a tow car to keep accounts and report information concerning15-36
towing services performed without the prior consent of the owner of the15-37
vehicle or the person authorized by the owner to operate the vehicle other15-38
than information that is necessary to permit the transportation services15-39
authority to enforce the provisions of NRS15-40
inclusive15-41
15-42
of this act.16-1
2. The reports required by this section must be prepared for each16-2
calendar year and submitted not later than May 15 of the year following the16-3
year for which the report is submitted.16-4
3.16-5
16-6
16-7
16-8
16-9
information is not contained in a report submitted pursuant to this section,16-10
it may call for the omitted information at any time.16-11
Sec. 40. NRS 706.1675 is hereby amended to read as follows: 706.1675 Every annual report, record or statement required by law to16-13
be made to the transportation services authority must be submitted under16-14
oath by the proper officer, agent or person responsible for submitting the16-15
report, record or statement.16-16
Sec. 41. NRS 706.169 is hereby amended to read as follows: 706.169 The department shall16-18
16-19
16-20
16-21
used for private commercial enterprises on any highway in this state.16-22
Sec. 42. NRS 706.171 is hereby amended to read as follows: 706.171 1. The16-24
(a) Make necessary and reasonable regulations governing the16-25
administration and enforcement of the provisions of this chapter for which16-26
16-27
(b) Adopt by reference any appropriate rule or regulation, as it exists at16-28
the time of adoption, issued by the United States Department of16-29
Transportation, the Surface Transportation Board, any other agency of the16-30
Federal Government, or the National Association of Regulatory Utility16-31
Commissioners.16-32
(c) Require such reports and the maintenance of such records as16-33
16-34
administration and enforcement of this chapter.16-35
(d) Except as otherwise provided in this section, examine, at any time16-36
during the business hours of the day, the books, papers and records of any16-37
16-38
motor carrier , taxicab motor carrier, limousine motor carrier or operator16-39
of a tow car doing business in this state to the extent necessary for16-40
16-41
provisions of this chapter. The department may examine in other states or16-42
require by subpoena the production inside this state of such books, papers16-43
and records as are not maintained in this state.17-1
(e) Temporarily waive any requirement for a17-2
license when an emergency exists as defined in NRS 706.561.17-3
2. No personnel records of an employee of a17-4
17-5
carrier, limousine motor carrier or operator of a tow car may be17-6
examined pursuant to paragraph (d) of subsection 1 unless the records17-7
contain information relating to a matter of public safety or17-8
17-9
required to protect the interests of the public.17-10
3. The department may adopt regulations to ensure the payment of any17-11
fee due or authorized pursuant to the provisions of this chapter.17-12
4. As used in this section, "personnel records" does not include:17-13
(a) The name of the employee who is the subject of the record;17-14
(b) The gross compensation and perquisites of the employee;17-15
(c) Any record of the business expenses of the employee;17-16
(d) The title or any description of the position held by the employee;17-17
(e) The qualifications required for the position held by the employee;17-18
(f) The business address of the employee;17-19
(g) The telephone number of the employee at his place of business;17-20
(h) The work schedule of the employee;17-21
(i) The date on which the employee began his employment; and17-22
(j) If applicable, the date on which the employment of the employee was17-23
terminated.17-24
Sec. 43. NRS 706.1715 is hereby amended to read as follows: 706.1715 1. The attorney general shall:17-26
(a) Act as counsel and attorney for the transportation services authority17-27
in all actions, proceedings and hearings.17-28
(b) Prosecute in the name of the transportation services authority all17-29
civil actions for the enforcement of this chapter and for the recovery of any17-30
penalty or forfeiture provided for therein.17-31
(c) Generally aid the transportation services authority in the17-32
performance of its duties and the enforcement of this chapter.17-33
2. The attorney general or any district attorney may prosecute any17-34
violation of this chapter17-35
penalty is provided.17-36
Sec. 44. NRS 706.1717 is hereby amended to read as follows: 706.1717 The transportation services authority may, in carrying out its17-38
duties:17-39
1. Cooperate with the Federal Government and its departments and17-40
agencies.17-41
2. Confer with the regulatory agencies of other states on matters of17-42
mutual concern and benefit to persons served by operators of tow cars,17-43
taxicab motor carriers and limousine motor carriers of this state.18-1
3. Use the services, records, facilities and cooperation of federal and18-2
state regulatory agencies, and hold joint hearings and participate in joint18-3
conferences to reach decisions in matters that require cooperation. All18-4
necessary expenses incurred in attending hearings and conferences outside18-5
this state are a charge against the state and must be audited and paid as18-6
other claims against the state are paid.18-7
Sec. 45. NRS 706.172 is hereby amended to read as follows: 706.172 1. The transportation services authority may:18-9
(a) Make necessary and reasonable regulations governing the18-10
administration and enforcement of the provisions of this chapter for18-11
which the transportation services authority is responsible.18-12
(b) Require such reports and the maintenance of such records as the18-13
transportation services authority determines to be necessary for the18-14
administration and enforcement of this chapter.18-15
(c) Temporarily waive any requirement for a certificate when an18-16
emergency exists as defined in NRS 706.561.18-17
2. Except as otherwise provided in subsection18-18
the commissioner of the transportation services authority , or any officer18-19
or employee of the transportation services authority who is designated by18-20
the commissioner of the transportation services authority may examine18-21
during the regular business hours the books, accounts, records, minutes,18-22
papers and property of any person who is regulated by the transportation18-23
services authority .18-24
18-25
18-26
18-27
or require by subpoena the production inside this state of any such18-28
books, accounts, records, minutes, papers and property that are not18-29
maintained in this state.18-30
3. No personnel records of an employee may be examined pursuant to18-31
subsection18-32
of public safety or the transportation services authority determines that the18-33
examination is required to protect the interests of the public.18-34
18-35
(a) The name of the employee who is the subject of the record;18-36
(b) The gross compensation and perquisites of the employee;18-37
(c) Any record of the business expenses of the employee;18-38
(d) The title or any description of the position held by the employee;18-39
(e) The qualifications required for the position held by the employee;18-40
(f) The business address of the employee;18-41
(g) The telephone number of the employee at his place of business;18-42
(h) The work schedule of the employee;18-43
(i) The date on which the employee began his employment; and19-1
(j) If applicable, the date on which the employment of the employee was19-2
terminated.19-3
Sec. 46. NRS 706.1725 is hereby amended to read as follows: 706.1725 1. Any books, accounts, records, minutes, papers and19-5
property of any19-6
examination pursuant to NRS 706.1518 and 706.172, and are made19-7
available to the transportation services authority, any officer or employee19-8
of the transportation services authority, or any other person under the19-9
condition that the disclosure of such information to the public be withheld19-10
or otherwise limited, must not be disclosed to the public unless the19-11
transportation services authority first determines that the disclosure is19-12
justified.19-13
2. The transportation services authority shall take such actions as are19-14
necessary to protect the confidentiality of such information, including,19-15
without limitation:19-16
(a) Granting such protective orders as it deems necessary; and19-17
(b) Holding closed hearings to receive or examine such information.19-18
3. If the transportation services authority closes a hearing to receive or19-19
examine such information, it shall:19-20
(a) Restrict access to the records and transcripts of such hearings19-21
without the prior approval of the transportation services authority or an19-22
order of a court of competent jurisdiction authorizing access to the records19-23
or transcripts; and19-24
(b) Prohibit any participant at such a hearing from disclosing such19-25
information without the prior authorization of the transportation services19-26
authority.19-27
4. The transportation services authority shall consider in an open19-28
meeting whether the information reviewed or examined in a closed hearing19-29
may be disclosed without revealing the confidential subject matter of the19-30
information. To the extent the transportation services authority determines19-31
the information may be disclosed, the information must become a part of19-32
the records available to the public. Information that the transportation19-33
services authority determines may not be disclosed must be kept under seal.19-34
Sec. 47. NRS 706.173 is hereby amended to read as follows: 706.173 1. The transportation services authority or the department19-36
may, by regulation applicable to19-37
19-38
for safety for drivers and vehicles.19-39
2. The department may, by regulation applicable to common,19-40
contract and private motor carriers of passengers or property, taxicab19-41
motor carriers, limousine motor carriers and operators of tow cars, adopt19-42
standards for safety for drivers and vehicles.20-1
3. The department may, by regulation applicable to all motor vehicles20-2
transporting hazardous materials, adopt standards for the transportation of20-3
hazardous materials and hazardous waste as defined in NRS 459.430.20-4
Sec. 48. NRS 706.176 is hereby amended to read as follows: 706.176 The commissioner of the transportation services authority20-6
may:20-7
1. Appoint a deputy who serves in the unclassified service of the state.20-8
2. Employ such other personnel as may be necessary.20-9
Sec. 49. NRS 706.197 is hereby amended to read as follows: 706.197 1. The transportation services authority may collect fees for20-11
the filing of any official document required by this chapter or by a20-12
regulation of the transportation services authority.20-13
2. Filing fees may not exceed:20-14
(a) For applications, $200.20-15
(b) For petitions seeking affirmative relief, $200.20-16
(c) For each tariff page that requires public notice and is not attached to20-17
an application, $10. If more than one page is filed at one time, the total fee20-18
may not exceed the cost of notice and publication.20-19
(d) For all other documents that require public notice, $10.20-20
(e) For an amended application, the cost of publication.20-21
3. If an application or other document is rejected by the transportation20-22
services authority because it is inadequate or inappropriate, the filing fee20-23
must be returned.20-24
4. The transportation services authority may not charge any fee for20-25
filing a complaint.20-26
Sec. 50. NRS 706.201 is hereby amended to read as follows: 706.201 To the extent that such costs cannot be paid for from the20-28
transportation services authority regulatory fund, the costs of administration20-29
of20-30
act by the transportation services authority must be paid from the state20-31
highway fund on claims presented by the transportation services authority20-32
or department, approved by the state board of examiners.20-33
Sec. 51. NRS 706.226 is hereby amended to read as follows: 706.226 No common, contract or private motor carrier , taxicab motor20-35
carrier, limousine motor carrier or operator of a tow car may operate on20-36
any highway20-37
this state except in accordance with the provisions of this chapter.20-38
Sec. 51.5. NRS 706.231 is hereby amended to read as follows: 706.231 Sheriffs and all other peace officers and traffic officers of this20-40
state are charged with the duty, without further compensation, of assisting20-41
in the enforcement of this chapter.20-42
for this purpose when requested by an authorized agent of the department,20-43
transportation services authority or other competent authority.21-1
Sec. 52. NRS 706.246 is hereby amended to read as follows:21-2
706.246 1. Except as otherwise provided in NRS 706.235:21-3
21-4
limousine motor carrier or operator of a tow car shall not permit or21-5
require a driver to drive or tow any vehicle revealed by inspection or21-6
operation to be in such condition that its operation would be hazardous or21-7
likely to result in a breakdown of the vehicle, and a driver shall not drive or21-8
tow any vehicle which by reason of its mechanical condition is so21-9
imminently hazardous to operate as to be likely to cause an accident or a21-10
breakdown of the vehicle. If, while any vehicle is being operated on a21-11
highway, it is discovered to be in such an unsafe condition, it may be21-12
continued in operation, except as further limited by21-13
paragraph (b) or (c), only to the nearest place where repairs can safely be21-14
effected, and even that operation may be conducted only if it is less21-15
hazardous to the public than permitting the vehicle to remain on the21-16
highway.21-17
21-18
(b) An operator of a tow car shall not permit or require a driver to drive21-19
or tow, and a driver shall not drive or tow, any vehicle which:21-20
21-21
hazardous to operate as to be likely to cause an accident or a breakdown;21-22
and21-23
21-24
employee of the transportation services authority .21-25
When the repairs have been made, the21-26
the transportation services authority21-27
21-28
services authority .21-29
(c) A common or contract motor carrier, private motor carrier,21-30
taxicab motor carrier, limousine motor carrier or operator of a tow car21-31
shall not permit or require a driver to drive, and a driver shall not drive,21-32
any vehicle which:21-33
(1) By reason of its mechanical condition is so imminently21-34
hazardous to operate as to be likely to cause an accident or a breakdown;21-35
and21-36
(2) Has been declared "out of service" by an authorized employee21-37
of the department.21-38
When the repairs have been made, the carrier or operator, as21-39
appropriate, shall so certify to the department, as required by the21-40
department.21-41
2. The transportation services authority may adopt such regulations21-42
as are necessary to carry out a program for inspecting vehicles pursuant21-43
to this section.22-1
Sec. 53. NRS 706.251 is hereby amended to read as follows: 706.251 1. Every person operating a vehicle used by any motor22-3
carrier under the jurisdiction of the transportation services authority shall22-4
forthwith report each accident occurring on the public highway, wherein the22-5
vehicle may have injured the person or property of some person other than22-6
the person or property carried by the vehicle, to the sheriff or other peace22-7
officer of the county where the accident occurred. If the accident22-8
immediately or proximately causes death, the person in charge of the22-9
vehicle, or any officer investigating the accident, shall furnish to the22-10
transportation services authority such detailed report thereof as required by22-11
the transportation services authority.22-12
2. All accident reports required in this section must be filed in the22-13
office of the transportation services authority and there preserved. An22-14
accident report made as required by this chapter, or any report of the22-15
transportation services authority made pursuant to any accident22-16
investigation made by it, is not open to public inspection and must not be22-17
disclosed to any person, except upon order of the transportation services22-18
authority. The reports must not be admitted as evidence or used for any22-19
purpose in any action for damages growing out of any matter mentioned in22-20
the accident report or report of any such investigation.22-21
Sec. 54. NRS 706.256 is hereby amended to read as follows: 706.256 The transportation services authority may, in the interest of22-23
safety or service, after hearing:22-24
1. Determine and order repairs of facilities of22-25
22-26
2. Order the use of safety appliances by such carriers in the interest of22-27
the public and employees.22-28
Sec. 55. NRS 706.281 is hereby amended to read as follows:22-29
706.28122-30
chapter, each motor vehicle22-31
22-32
authority must have the name of the person or operator operating the22-33
vehicle prominently and conspicuously displayed on both sides of the22-34
vehicle in such location, size and style as may be specified by the22-35
transportation services authority. The display shall not be deemed to be22-36
advertising for the purposes of NRS 706.285 unless additional information22-37
about the operator is included.22-38
22-39
22-40
22-41
22-42
23-1
Sec. 56. NRS 706.285 is hereby amended to read as follows: 706.285 All advertising by23-3
23-4
23-5
certificate of public convenience and necessity23-6
issued to him by the transportation services authority.23-7
Sec. 57. NRS 706.2855 is hereby amended to read as follows: 706.2855 1. If the transportation services authority finds, after23-9
notice and hearing, that a person has violated NRS 706.285, the23-10
transportation services authority may, in addition to any penalty,23-11
punishment or disciplinary action authorized by this chapter, petition a23-12
court of competent jurisdiction for an injunction prohibiting the person23-13
from continuing to:23-14
(a) Engage in advertising that violates the provisions of NRS 706.285;23-15
or23-16
(b) Use any telephone number mentioned in such advertising for any23-17
purpose.23-18
2. If the court finds that the respondent has engaged in advertising that23-19
is unlawful pursuant to NRS 706.285, the court shall:23-20
(a) Enjoin him from continuing the advertising.23-21
(b) Enjoin him from using the telephone number mentioned in the23-22
advertising for any purpose.23-23
(c) Issue an order that requires the telephone number mentioned in the23-24
advertising to be disconnected.23-25
(d) Forward a copy of the order to the appropriate provider of telephone23-26
service within 5 days after issuing the order.23-27
(e) If the transportation services authority has revoked the certificate23-28
of public convenience and necessity of the respondent, cancel the local23-29
business licenses and permits relating to the operation of the respondent23-30
that is subject to the jurisdiction of the transportation services authority23-31
that have been issued to the respondent.23-32
3. As used in this section, "provider of telephone service" includes, but23-33
is not limited to:23-34
(a) A public utility furnishing telephone service.23-35
(b) A provider of cellular or other service to a telephone that is installed23-36
in a vehicle or is otherwise portable.23-37
Sec. 58. NRS 706.286 is hereby amended to read as follows: 706.286 1.23-39
23-40
(a) Any of the rates, tolls, charges or schedules, or any joint rate or rates23-41
assessed by any23-42
towing services performed without the prior consent of the owner of the24-1
vehicle or the person authorized by the owner to operate the vehicle are in24-2
any respect unreasonable or unjustly discriminatory;24-3
(b) Any of the provisions of NRS 706.445 to 706.453, inclusive, have24-4
been violated;24-5
(c) Any regulation, measurement, practice or act directly relating to the24-6
transportation of persons or property, including the handling and storage of24-7
that property, is, in any respect, unreasonable, insufficient or unjustly24-8
discriminatory; or24-9
(d) Any service is inadequate,24-10
the transportation services authority shall investigate the complaint. After24-11
receiving the complaint, the transportation services authority shall give a24-12
copy of24-13
24-14
thereafter, the24-15
transportation services authority with24-16
complaint according to the regulations of the transportation services24-17
authority.24-18
2. If the transportation services authority determines that probable24-19
cause exists for the complaint, it shall order a hearing thereof, give notice24-20
of the hearing and conduct the hearing as it would any other hearing. If the24-21
complaint has been filed against an operator of a tow car by another24-22
operator of a tow car and the transportation services authority does not24-23
find probable cause for the complaint, the transportation services24-24
authority may recover from the complainant the cost of court reporting24-25
and investigation, and other necessary expenses incurred by the24-26
transportation services authority.24-27
3. No order affecting a rate, toll, charge, schedule, regulation,24-28
measurement, practice or act complained of may be entered without a24-29
formal hearing unless the hearing is dispensed with as provided in NRS24-30
706.2865.24-31
Sec. 59. NRS 706.2865 is hereby amended to read as follows: 706.2865 1. When, in any matter pending before the transportation24-33
services authority, a hearing is required by law, or is normally required by24-34
the transportation services authority, the transportation services authority24-35
shall give notice of the pendency of the matter to all persons entitled to24-36
notice of the hearing. The transportation services authority shall by24-37
regulation specify:24-38
(a) The manner of giving notice; and24-39
(b) Where not specified by law, the persons entitled to notice in each24-40
type of proceeding.24-41
2. Unless, within 10 days after the date of the notice of pendency, a24-42
person entitled to notice of the hearing files with the transportation24-43
services authority a request that the hearing be held, the transportation25-1
services authority may dispense with a hearing and act upon the matter25-2
pending.25-3
3. If a request for a hearing is filed, the transportation services25-4
authority shall give at least 10 days’ notice of the hearing.25-5
4. If an operator of a tow car files an application for a certificate of25-6
public convenience and necessity or an application to transfer a certificate25-7
of public convenience and necessity with the authority, the authority shall25-8
give notice pursuant to the provisions of subsection 1.25-9
Sec. 60. NRS 706.2873 is hereby amended to read as follows: 706.2873 1. A complete record must be kept of all hearings before25-11
the transportation services authority, and all testimony must be taken down25-12
by the stenographer appointed by the transportation services authority, or,25-13
under the direction of any competent person appointed by the25-14
transportation services authority, reported by sound recording equipment25-15
in the manner authorized for reporting testimony in district courts. The25-16
testimony reported by a stenographer must be transcribed and filed with the25-17
record in the matter. The transportation services authority may by25-18
regulation provide for the transcription or safekeeping of sound recordings.25-19
The costs of recording and transcribing testimony at any hearing, except25-20
those hearings ordered pursuant to NRS 706.286 must be paid by the25-21
applicant. If a complaint is made pursuant to NRS 706.286 by a customer25-22
or by a political subdivision of this state or a municipal organization, the25-23
complainant is not liable for any costs. Otherwise, if there are several25-24
applicants or parties to any hearing, the transportation services authority25-25
may apportion the costs among them in its discretion.25-26
2. Whenever any petition is served upon the transportation services25-27
authority, before the action is reached for trial, the transportation services25-28
authority shall file a certified copy of all proceedings and testimony taken25-29
with the clerk of the court in which the action is pending.25-30
3. A copy of the proceedings and testimony must be furnished to any25-31
party, on payment of a reasonable amount, to be fixed by the25-32
transportation services authority, and the amount must be the same for all25-33
parties.25-34
4. The provisions of this section do not prohibit the transportation25-35
services authority from restricting access to the records and transcripts of a25-36
hearing pursuant to subsection 2 of NRS 706.1725.25-37
Sec. 61. NRS 706.2875 is hereby amended to read as follows: 706.2875 1. Any party is entitled to an order by the transportation25-39
services authority for the appearance of witnesses or the production of25-40
books, papers and documents containing material testimony.25-41
2. Witnesses appearing upon the order of the transportation services25-42
authority are entitled to the same fees and mileage as witnesses in civil25-43
actions in the courts of this state .26-1
26-2
26-3
pursuant to an order of the transportation services authority unless the26-4
26-5
the correctness of the claim.26-6
Sec. 62. NRS 706.288 is hereby amended to read as follows: 706.288 The transportation services authority may require, by order to26-8
be served on any person regulated by the transportation services authority26-9
in the same manner as a subpoena in a civil action, the production at a time26-10
and place designated by the transportation services authority of any books,26-11
accounts, papers or records kept by the person in any office or place26-12
outside this state, or verified copies in lieu thereof if the transportation26-13
services authority so directs, so that an examination may be made by the26-14
transportation services authority or under its direction, or for use as26-15
testimony.26-16
Sec. 62.5. NRS 706.2883 is hereby amended to read as follows:26-17
706.2883 Any person who is aggrieved by any action or inaction of26-18
26-19
review of the decision in the manner provided by chapter 233B of NRS.26-20
The transportation services authority may adopt such regulations as may be26-21
necessary to provide for its review of decisions of26-22
Sec. 63. NRS 706.2885 is hereby amended to read as follows: 706.2885 1. A certificate of public convenience and necessity26-24
26-25
transportation services authority is not a franchise and may be revoked.26-26
2. The transportation services authority may at any time, for good26-27
cause shown, after investigation and hearing and upon 5 days’ written26-28
notice to the grantee, suspend any certificate26-29
accordance with the provisions of NRS26-30
inclusive, and section 11 of this act, for a period not to exceed 60 days.26-31
3. Upon receipt of a written complaint or on its own motion, the26-32
transportation services authority may, after investigation and hearing,26-33
revoke any certificate .26-34
required by subsection 2 cannot be made or if the grantee relinquishes his26-35
interest in the certificate26-36
transportation services authority in writing, the transportation services26-37
authority may revoke the certificate26-38
4. The proceedings thereafter are governed by the provisions of26-39
chapter 233B of NRS.26-40
Sec. 64. NRS 706.291 is hereby amended to read as follows: 706.291 1. The26-42
26-43
27-1
27-2
27-3
27-4
27-5
27-6
motor carrier ,27-7
or operator of a tow car within such time and in such amounts as the27-8
department may designate, to file with the department in a form required27-9
and approved by the department a liability insurance policy, or a certificate27-10
of insurance in lieu thereof, a bond of a surety company, or other surety, in27-11
such reasonable sum as the department may deem necessary to protect27-12
adequately the interests of the public. In determining the amount of liability27-13
insurance or other surety required of a carrier or operator pursuant to this27-14
subsection, the department shall create a separate category for vehicles with27-15
a manufacturer’s gross vehicle weight rating of less than 26,000 pounds and27-16
impose a lesser requirement with respect to such vehicles.27-17
27-18
surety company or other surety must bind the obligors thereunder to pay the27-19
compensation for injuries to persons or for loss or damage to property27-20
resulting from the negligent operation of the carrier27-21
27-22
3. The department may27-23
27-24
subsection 1.27-25
Sec. 65. NRS 706.296 is hereby amended to read as follows: 706.296 Every common and contract motor carrier27-27
engages in transportation intrastate and the collection of the purchase price27-28
of goods sold by the shipper to the consignee shall provide a bond, to be27-29
filed with the27-30
amount which the27-31
aggregate but not to exceed $1,000, to insure the shipper against any loss of27-32
the27-33
negligence or other defalcations.27-34
Sec. 66. NRS 706.303 is hereby amended to read as follows: 706.303 The27-36
all operators of horse-drawn vehicles27-37
27-38
to persons and damage to property for each such vehicle. The amounts of27-39
coverage required by the regulations:27-40
1. Must not exceed a total of:27-41
(a) For bodily injury to or the death of one person in any one accident,27-42
$250,000;28-1
(b) Subject to the limitations of paragraph (a), for bodily injury to or28-2
death of two or more persons in any one accident, $500,000; and28-3
(c) For injury to or destruction of property in any one accident, $50,000;28-4
or28-5
2. Must not exceed a combined single-limit for bodily injury to one or28-6
more persons and for injury to or destruction of property in any one28-7
accident, $500,000.28-8
Sec. 67. NRS 706.305 is hereby amended to read as follows:28-9
706.305 The28-10
all operators of taxicabs subject to28-11
taxicab authority to maintain a contract of insurance against liability for28-12
injury to persons and damage to property for each taxicab. The amounts of28-13
coverage required by the regulations:28-14
1. Must not exceed a total of:28-15
(a) For bodily injury to or the death of one person in any one accident,28-16
$250,000;28-17
(b) Subject to the limitations of paragraph (a), for bodily injury to or28-18
death of two or more persons in any one accident, $500,000; and28-19
(c) For injury to or destruction of property in any one accident, $50,000;28-20
or28-21
2. Must not exceed a combined single-limit for bodily injury to one or28-22
more persons and for injury to or destruction of property in any one28-23
accident, $500,000.28-24
Sec. 68. NRS 706.3052 is hereby amended to read as follows: 706.3052 1. Except as otherwise provided in subsection 2, an28-26
operator of a taxicab may operate under a program of self-insurance in28-27
compliance with the provisions of NRS 706.3054 or 706.3056 in lieu of the28-28
insurance against liability required by the regulations adopted pursuant to28-29
NRS 706.305.28-30
2. An operator of a taxicab shall not operate under a program of self-28-31
insurance if any judgment recovered against him has not been paid in full.28-32
3. An operator of a taxicab to whom the department has issued a28-33
certificate of self-insurance may self-insure the first $50,000, combined28-34
single-limit, per accident, of the coverage required by the regulations28-35
adopted pursuant to NRS 706.305.28-36
Sec. 69. NRS 706.311 is hereby amended to read as follows: 706.311 1.28-38
28-39
28-40
28-41
28-42
adequate service and facilities, and all charges assessed for towing services28-43
performed without the prior consent of the owner of the vehicle or the29-1
person authorized by the owner to operate the vehicle must be just and29-2
reasonable.29-3
29-4
29-5
be unlawful.29-6
Sec. 70. NRS 706.321 is hereby amended to read as follows: 706.321 1.29-8
29-9
29-10
29-11
29-12
29-13
29-14
29-15
29-16
29-17
29-18
29-19
29-20
29-21
services authority:29-22
(a) Within a time to be fixed by the transportation services authority,29-23
schedules and tariffs that must:29-24
(1) Be open to public inspection; and29-25
(2) Include all rates and charges for towing services performed29-26
without the prior consent of the owner of the vehicle or the person29-27
authorized by the owner to operate the vehicle which the operator has29-28
established and which are in force at the time of filing.29-29
(b) As a part of that schedule, all regulations of the operator of the tow29-30
car which in any manner affect the rates charged or to be charged for29-31
towing services performed without the prior consent of the owner of the29-32
vehicle or the person authorized by the owner to operate the vehicle and all29-33
regulations of the operator of the tow car that the operator has adopted to29-34
comply with the provisions of NRS29-35
inclusive29-36
29-37
2. No changes may be made29-38
29-39
29-40
29-41
29-42
services authority, upon application of any29-43
may prescribe a shorter time within which changes may be made. The30-1
60 days’ notice is not applicable when the30-2
gives written notice to the transportation services authority 10 days before30-3
the effective date of its participation in a tariff bureau’s rates and tariffs,30-4
provided the rates and tariffs have been previously filed with and approved30-5
by the transportation services authority.30-6
30-7
own motion, investigate any of the rates, fares, charges, regulations,30-8
practices and services filed pursuant to this section and, after hearing, by30-9
order, make such changes as may be just and reasonable.30-10
30-11
hearing on any change requested in rates, fares, charges, regulations,30-12
practices or service filed pursuant to this section.30-13
30-14
regulations, practices and services fixed by the transportation services30-15
authority are in force, and are prima facie lawful, from the date of the order30-16
until changed or modified by the transportation services authority, or30-17
pursuant to NRS 706.2883.30-18
30-19
30-20
30-21
30-22
Sec. 71. NRS 706.323 is hereby amended to read as follows: 706.323 1. Except as otherwise provided in subsection 2, the30-24
transportation services authority may not investigate, suspend, revise or30-25
revoke any rate that is subject to the approval of the transportation services30-26
authority pursuant to NRS 706.321 and proposed by30-27
30-28
is too high or too low and therefore unreasonable if:30-29
(a) The30-30
services authority that it wishes to have the rate reviewed by the30-31
transportation services authority pursuant to this subsection; and30-32
(b) The rate resulting from all increases or decreases within 1 year is not30-33
more than 10 percent above or 10 percent below the rate in effect 1 year30-34
before the effective date of the proposed rate.30-35
2. This section does not limit the authority of the transportation30-36
services authority to investigate, suspend, revise or revoke a proposed rate30-37
if the rate would violate the provisions of NRS 706.151.30-38
Sec. 72. NRS 706.326 is hereby amended to read as follows: 706.326 1. Whenever there is filed with the transportation services30-40
authority pursuant to NRS 706.321 any schedule or tariff stating a new or30-41
revised individual or joint rate, fare or charge, or any new or revised30-42
individual or joint regulation or practice affecting any rate, fare or charge,30-43
or any schedule or tariff resulting in a discontinuance, modification or31-1
restriction of service, the transportation services authority may commence31-2
an investigation or, upon reasonable notice, hold a hearing concerning the31-3
propriety of the rate, fare, charge, classification, regulation, discontinuance,31-4
modification, restriction or practice.31-5
2. Pending the investigation or hearing and the decision thereon, the31-6
transportation services authority, upon delivering to the31-7
31-8
in writing of its reasons for the suspension, may suspend the operation of31-9
the schedule or tariff and defer the use of the rate, fare, charge,31-10
classification, regulation, discontinuance, modification, restriction or31-11
practice, but not for a longer period than 150 days beyond the31-12
when the rate, fare, charge, classification, regulation, discontinuance,31-13
modification, restriction or practice would otherwise go into effect.31-14
3. After full investigation or hearing, whether completed before or after31-15
the date upon which the rate, fare, charge, classification, regulation,31-16
discontinuance, modification, restriction or practice is to go into effect, the31-17
transportation services authority may make such order in reference to the31-18
rate, fare, charge, classification, regulation, discontinuance, modification,31-19
restriction or practice as would be proper in a proceeding initiated after the31-20
rate, fare, charge, classification, regulation, discontinuance, modification,31-21
restriction or practice has become effective.31-22
4. The transportation services authority shall determine whether it is31-23
necessary to hold a hearing to consider the proposed change in any31-24
schedule stating a new or revised individual or joint rate, fare or charge. In31-25
making that determination, the transportation services authority shall31-26
consider all timely written protests, any presentation the staff of the31-27
transportation services authority may desire to present, the application and31-28
any other matters deemed relevant by the transportation services authority.31-29
Sec. 73. NRS 706.331 is hereby amended to read as follows: 706.331 1. If, after due investigation and hearing, any authorized31-31
rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation31-32
31-33
transportation services authority is complained of and is found to be31-34
unjust, unreasonable, insufficient, preferential, unjustly discriminatory or31-35
otherwise in violation of the provisions of this chapter, or if it is found that31-36
the service is inadequate, or that any reasonable service cannot be obtained,31-37
the transportation services authority may substitute therefor such other31-38
rates, tolls, fares, charges, tariffs, schedules or regulations,31-39
31-40
and reasonable.31-41
2. When complaint is made of more than one matter, the31-42
transportation services authority may order separate hearings upon the31-43
several matters complained of at such times and places as it may prescribe.32-1
3. No complaint may at any time be dismissed because of the absence32-2
of direct damage to the complainant.32-3
4. The transportation services authority may at any time, upon its own32-4
motion, investigate any of the matters listed in subsection 1, and, after a full32-5
hearing, by order, make such changes as may be just and reasonable, the32-6
same as if a formal complaint had been made.32-7
Sec. 74. NRS 706.341 is hereby amended to read as follows: 706.34132-9
by the transportation services authority, notify the transportation services32-10
authority if the operator discontinues providing towing services from an32-11
operating terminal or establishes a new operating terminal from which a32-12
tow car provides towing services within 30 days after the operator32-13
discontinues providing towing services from an operating terminal or32-14
commences operations at the new terminal.32-15
32-16
32-17
32-18
32-19
32-20
32-21
32-22
Sec. 75. NRS 706.346 is hereby amended to read as follows: 706.346 1. Except as otherwise provided in subsection 3, a copy, or32-24
so much of the schedule or tariff as the transportation services authority32-25
determines necessary for the use of the public, must be printed in plain type32-26
and posted32-27
32-28
as the transportation services authority may require which are open to the32-29
public32-30
and conveniently inspected.32-31
2. Except as otherwise provided in subsection 3,32-32
or tariff of joint rates or charges is or may be in force between two or more32-33
32-34
operators of tow cars, the schedule or tariff must be printed and posted in32-35
the manner prescribed in subsection 1.32-36
3. Only the rates for towing services performed without the prior32-37
consent of the owner of the vehicle or the person authorized by the owner32-38
to operate the vehicle must be printed and posted by an operator of a tow32-39
car pursuant to subsections 1 and 2.32-40
Sec. 76. NRS 706.351 is hereby amended to read as follows: 706.351 1. It is unlawful for:32-42
(a) A32-43
to furnish any pass, frank, free or reduced rates for transportation to any33-1
state, city, district, county or municipal officer of this state or to any person33-2
other than those specifically enumerated in this section.33-3
(b) Any person other than those specifically enumerated in this section33-4
to receive any pass, frank, free or reduced rates for transportation.33-5
2. This section does not prevent the carriage, storage or hauling free or33-6
at reduced rates of passengers or property for charitable organizations or33-7
purposes for the United States, the State of Nevada or any political33-8
subdivision thereof.33-9
3. This chapter does not prohibit a fully regulated common carrier from33-10
giving free or reduced rates for transportation of persons to:33-11
(a) Its own officers, commission agents or employees, or members of33-12
any profession licensed under Title 54 of NRS retained by it, and members33-13
of their families.33-14
(b) Inmates of hospitals or charitable institutions and persons over 6033-15
years of age.33-16
(c) Persons who are physically handicapped or mentally handicapped33-17
and who present a written statement from a physician to that effect.33-18
(d) Persons injured in accidents or wrecks and physicians and nurses33-19
attending such persons.33-20
(e) Persons providing relief in cases of common disaster.33-21
(f) Attendants of livestock or other property requiring the care of an33-22
attendant, who must be given return passage to the place of shipment, if33-23
there is no discrimination among shippers of a similar class.33-24
(g) Officers, agents, employees or members of any profession licensed33-25
under Title 54 of NRS, together with members of their families, who are33-26
employed by or affiliated with other common carriers, if there is an33-27
interchange of free or reduced rates for transportation.33-28
(h) Indigent, destitute or homeless persons when under the care or33-29
responsibility of charitable societies, institutions or hospitals, together with33-30
the necessary agents employed in such transportation.33-31
(i) Students of institutions of learning, including, without limitation,33-32
homeless students, whether the free or reduced rate is given directly to a33-33
student or to the board of trustees of a school district on behalf of a student.33-34
(j) Groups of persons participating in a tour for a purpose other than33-35
transportation.33-36
4.33-37
33-38
33-39
33-40
33-41
33-42
33-43
34-1
34-2
34-3
34-4
34-5
34-6
34-7
34-8
34-9
34-10
34-11
34-12
(a) Furloughed, pensioned and superannuated employees.34-13
(b) Persons who have become disabled or infirm in the service of34-14
34-15
(c) Persons who are traveling to enter the service of such a carrier.34-16
Sec. 77. NRS 706.361 is hereby amended to read as follows: 706.361 1. A person with a disability is entitled to the full and equal34-18
enjoyment of the services and facilities of any common motor carrier of34-19
passengers, contract motor carrier of passengers , taxicab motor carrier,34-20
limousine motor carrier or other entity providing a means of public34-21
conveyance and transportation operating within this state.34-22
2. A common motor carrier of passengers, a contract motor carrier of34-23
passengers , a taxicab motor carrier, a limousine motor carrier and other34-24
entities providing means of public conveyance and transportation shall34-25
designate a person responsible for ensuring that the carrier complies with34-26
the applicable provisions of the Americans with Disabilities Act of 1990,34-27
42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611,34-28
and the regulations adopted pursuant to that act.34-29
3. The person designated pursuant to subsection 2 shall conduct34-30
training sessions for the employees of the carrier or entity. Each employee34-31
must be provided at least 3 hours of training during one or more training34-32
sessions. During the training sessions, the designee shall:34-33
(a) Describe the carrier’s plan for compliance with the Americans with34-34
Disabilities Act of 1990 and the regulations adopted pursuant to that act;34-35
(b) Explain the obligations of the employees to assist a person with a34-36
disability to store a mobility device;34-37
(c) Explain the illegality of charging an additional fee or a higher fare to34-38
a person with a disability; and34-39
(d) Ensure that each employee is trained in accordance with the34-40
requirements of 49 C.F.R. § 37.173.34-41
4. It is unlawful for any person to deny any of the privileges granted by34-42
subsection 1.35-1
5. It is unlawful for any common motor carrier, contract motor carrier ,35-2
taxicab motor carrier, limousine motor carrier or other entity providing a35-3
means of public conveyance or transportation operating within this state, to:35-4
(a) Deny the equal enjoyment of its services and facilities to a person35-5
with a disability by the arbitrary, capricious or unreasonable interference,35-6
direct or indirect, with the use of aids and appliances used by a person with35-7
a disability;35-8
(b) Fail to designate a person pursuant to subsection 2; or35-9
(c) Fail to conduct the training sessions in the manner described in35-10
subsection 3.35-11
6. As used in this section, "disability" has the meaning ascribed to it in35-12
49 C.F.R. § 37.3.35-13
Sec. 78. NRS 706.366 is hereby amended to read as follows: 706.366 1. It is unlawful for a common motor carrier of passengers ,35-15
taxicab motor carrier, limousine motor carrier or other means of public35-16
conveyance or transportation operating in this state to:35-17
(a) Refuse service to a visually, aurally or physically handicapped35-18
person because he is accompanied by a guide dog, hearing dog, helping35-19
dog or other service animal;35-20
(b) Refuse service to a person who is training a guide dog, hearing dog,35-21
helping dog or other service animal because he is accompanied by such an35-22
animal; or35-23
(c) Charge an additional fee for such an animal.35-24
2. This section does not relieve a visually, aurally or physically35-25
handicapped person or a person who trains a guide dog, hearing dog,35-26
helping dog or other service animal from liability for damage which may be35-27
caused by his animal.35-28
3. Visually, aurally or physically handicapped persons accompanied by35-29
guide dogs, hearing dogs, helping dogs or other service animals are subject35-30
to the same conditions and limitations that apply to persons who are not so35-31
handicapped and accompanied.35-32
4. For the purposes of this section, the terms "guide dog," "hearing35-33
dog," "helping dog" and "service animal" have the meanings ascribed to35-34
them respectively in NRS 426.075, 426.081, 426.083 and 426.097.35-35
Sec. 79. NRS 706.386 is hereby amended to read as follows: 706.386 It is unlawful, except as otherwise provided in NRS35-37
35-38
35-39
35-40
without the prior consent of the owner of the vehicle or the person35-41
authorized by the owner to operate the vehicle within this state without35-42
first obtaining a certificate of public convenience and necessity from the35-43
transportation services authority.36-1
Sec. 80. NRS 706.398 is hereby amended to read as follows: 706.398 The transportation services authority:36-3
1. Shall revoke or suspend, pursuant to the provisions of this chapter,36-4
the certificate of public convenience and necessity of36-5
36-6
(a) File the annual report required by NRS 706.167 within 60 days after36-7
the report is due; or36-8
(b) Operate as36-9
car in this state under the terms and conditions of its certificate,36-10
unless the36-11
transportation services authority.36-12
2. May revoke or suspend, pursuant to the provisions of NRS36-13
706.2885, the certificate of public convenience and necessity of36-14
36-15
any provision of this chapter or any regulation of the transportation36-16
services authority adopted pursuant thereto.36-17
Sec. 81. NRS 706.411 is hereby amended to read as follows: 706.411 Every order by the transportation services authority refusing36-19
or granting any certificates of public convenience and necessity, or granting36-20
or refusing permission to discontinue, modify or restrict service is prima36-21
facie lawful from the date of the order until changed or modified by the36-22
order of the transportation services authority pursuant to the provisions of36-23
this chapter.36-24
Sec. 82. NRS 706.445 is hereby amended to read as follows: 706.445 The transportation services authority may not regulate the:36-26
1. Geographical area in which towing services performed without the36-27
prior consent of the owner of the vehicle or the person authorized by the36-28
owner to operate the vehicle are provided;36-29
2. Types of towing services performed without the prior consent of36-30
the owner of the vehicle or the person authorized by the owner to operate36-31
the vehicle that are provided; or36-32
3. Rates and charges assessed or the terms and conditions imposed for36-33
towing services performed with the prior consent of the owner of the36-34
vehicle or the person authorized by the owner to operate the vehicle,36-35
by an operator of a tow car.36-36
Sec. 83. NRS 706.446 is hereby amended to read as follows: 706.446 The provisions of this chapter do not require an operator of a36-38
tow car who provides towing for a licensed motor club regulated pursuant36-39
to chapter 696A of NRS to obtain a certificate of public convenience and36-40
necessity or to comply with the regulations or rates adopted by the36-41
transportation services authority to provide that towing.37-1
Sec. 84. NRS 706.4463 is hereby amended to read as follows: 706.4463 1. In addition to the other requirements of this chapter,37-3
each operator of a tow car shall, to protect the health, safety and welfare of37-4
the public:37-5
(a) Obtain a certificate of public convenience and necessity from the37-6
transportation services authority before he provides any services other than37-7
those services which he provides as a private motor carrier of property37-8
pursuant to the provisions of this chapter;37-9
(b) Use a tow car of sufficient size and weight which is appropriately37-10
equipped to transport safely the vehicle which is being towed; and37-11
(c) Comply with the provisions of NRS37-12
inclusive37-13
2. A person who wishes to obtain a certificate of public convenience37-14
and necessity to operate a tow car must file an application with the37-15
transportation services authority.37-16
3. The transportation services authority shall issue a certificate of37-17
public convenience and necessity to an operator of a tow car if it37-18
determines that the applicant:37-19
(a) Complies with the requirements of paragraphs (b) and (c) of37-20
subsection 1;37-21
(b) Complies with the requirements of the regulations adopted by the37-22
transportation services authority pursuant to the provisions of this chapter;37-23
(c) Has provided evidence that he has filed with the37-24
department a liability insurance policy, a certificate of insurance or a bond37-25
of a surety and bonding company or other surety required for every37-26
operator of a tow car pursuant to the provisions of NRS 706.291; and37-27
(d) Has provided evidence that he has filed with the transportation37-28
services authority schedules and tariffs pursuant to37-29
706.321.37-30
4. An applicant for a certificate has the burden of proving to the37-31
transportation services authority that the proposed operation will meet the37-32
requirements of subsection 3.37-33
5. The transportation services authority may hold a hearing to37-34
determine whether an applicant is entitled to a certificate only if:37-35
(a) Upon the expiration of the time fixed in the notice that an application37-36
for a certificate of public convenience and necessity is pending, a petition37-37
to intervene has been granted by the transportation services authority; or37-38
(b) The transportation services authority finds that after reviewing the37-39
information provided by the applicant and inspecting the operations of the37-40
applicant, it cannot make a determination as to whether the applicant has37-41
complied with the requirements of subsection 3.38-1
Sec. 85. NRS 706.4464 is hereby amended to read as follows: 706.4464 1. An operator of a tow car who is issued a certificate of38-3
public convenience and necessity may transfer it to another operator of a38-4
tow car qualified pursuant to the provisions of NRS38-5
706.791, inclusive, and section 11 of this act, but no such transfer is valid38-6
for any purpose until a joint application to make the transfer is made to the38-7
transportation services authority by the transferor and the transferee, and38-8
the transportation services authority has authorized the substitution of the38-9
transferee for the transferor. No transfer of stock of a corporate operator of38-10
a tow car subject to the jurisdiction of the transportation services authority38-11
is valid without the prior approval of the transportation services authority38-12
if the effect of the transfer would be to change the corporate control of the38-13
operator of a tow car or if a transfer of 15 percent or more of the common38-14
stock of the operator of a tow car is proposed.38-15
2. The transportation services authority shall approve an application38-16
filed with it pursuant to subsection 1 if it determines that the transferee:38-17
(a) Complies with the provisions of NRS38-18
inclusive, and section 11 of this act, and the regulations adopted by the38-19
transportation services authority pursuant to those provisions;38-20
(b) Uses equipment that is in compliance with the regulations adopted38-21
by the transportation services authority;38-22
(c) Has provided evidence that he has filed with the38-23
department a liability insurance policy, a certificate of insurance or a bond38-24
of a surety and bonding company or other surety required for every38-25
operator of a tow car pursuant to the provisions of NRS 706.291; and38-26
(d) Has provided evidence that he has filed with the transportation38-27
services authority schedules and tariffs pursuant to NRS 706.321 which38-28
contain rates and charges and the terms and conditions that the operator of38-29
the tow car requires to perform towing services without the prior consent of38-30
the owner of the vehicle or the person authorized by the owner to operate38-31
the vehicle which do not exceed the rates and charges that the transferor38-32
was authorized to assess for the same services.38-33
3. The transportation services authority may hold a hearing38-34
concerning an application submitted pursuant to this section only if:38-35
(a) Upon the expiration of the time fixed in the notice that an application38-36
for transfer of a certificate of public convenience and necessity is pending,38-37
a petition to intervene has been granted by the transportation services38-38
authority; or38-39
(b) The transportation services authority finds that after reviewing the38-40
information provided by the applicant and inspecting the operations of the38-41
applicant, it cannot make a determination as to whether the applicant has38-42
complied with the requirements of subsection 2.39-1
4. The transportation services authority shall not hold a hearing on an39-2
application submitted pursuant to this section if the application is made to39-3
transfer the certificate of public convenience and necessity from a natural39-4
person or partners to a corporation whose controlling stockholders will be39-5
substantially the same person or partners.39-6
5. The approval by the transportation services authority of an39-7
application for transfer of a certificate of public convenience and necessity39-8
of an operator of a tow car is not valid after the expiration of the term for39-9
the transferred certificate.39-10
Sec. 86. NRS 706.4468 is hereby amended to read as follows: 706.4468 1. Each operator of a tow car shall file its charges for39-12
preparing or satisfying a lien to which the operator is entitled against a39-13
vehicle that was towed without the prior consent of the owner of the vehicle39-14
or the person authorized by the owner to operate the vehicle. The39-15
transportation services authority may investigate any charge filed pursuant39-16
to this subsection and revise the charge as necessary to ensure that the39-17
charge is reasonable.39-18
2. An operator of a tow car may not impose a charge or any part of a39-19
charge filed pursuant to subsection 1 unless the operator:39-20
(a) Has initiated the procedure by which a person may satisfy a lien; and39-21
(b) Stores the vehicle for at least 96 hours.39-22
3. If an operator of a tow car stores a vehicle that was towed without39-23
the prior consent of the owner of the vehicle or the person authorized by the39-24
owner to operate the vehicle for at least 96 hours but not more than 33639-25
hours, the operator may charge an amount not to exceed 50 percent of the39-26
charge approved by the transportation services authority pursuant to39-27
subsection 1 for preparing or satisfying a lien.39-28
4. If an operator of a tow car stores a vehicle that was towed without39-29
the prior consent of the owner of the vehicle or the person authorized by the39-30
owner to operate the vehicle for more than 336 hours, the operator may39-31
charge an amount not to exceed 50 percent of the charge approved by the39-32
transportation services authority pursuant to subsection 1 for preparing or39-33
satisfying a lien in addition to the amount charged pursuant to subsection 3.39-34
Sec. 87. NRS 706.4473 is hereby amended to read as follows: 706.4473 The operator shall inform each owner, or agent of the owner,39-36
of a towed motor vehicle that the owner or agent may file a complaint with39-37
the transportation services authority regarding any violation of the39-38
provisions of this chapter.39-39
Sec. 88. NRS 706.4483 is hereby amended to read as follows: 706.4483 1. The transportation services authority shall act upon39-41
complaints regarding the failure of an operator of a tow car to comply with39-42
the provisions of NRS39-43
section 11 of this act.40-1
2. In addition to any other remedies that may be available to the40-2
transportation services authority to act upon complaints, the40-3
transportation services authority may order the release of towed motor40-4
vehicles, cargo or personal property upon such terms and conditions as the40-5
transportation services authority determines to be appropriate.40-6
Sec. 89. NRS 706.4485 is hereby amended to read as follows: 706.4485 A law enforcement agency that maintains and uses a list of40-8
operators of tow cars which are called by that agency to provide towing40-9
shall not include an operator of a tow car on the list unless he:40-10
1. Holds a certificate of public convenience and necessity issued by the40-11
transportation services authority.40-12
2. Complies with all applicable provisions of this chapter and chapters40-13
482 and 484 of NRS.40-14
3. Agrees to respond in a timely manner to requests for towing made40-15
by the agency.40-16
4. Maintains adequate, accessible and secure storage within the State of40-17
Nevada for any vehicle that is towed.40-18
5. Complies with all standards the law enforcement agency may adopt40-19
to protect the health, safety and welfare of the public.40-20
6. Assesses only rates and charges that have been approved by the40-21
transportation services authority for towing services performed without the40-22
prior consent of the owner of the vehicle or the person authorized by the40-23
owner to operate the vehicle.40-24
7. The transportation services authority shall not require that an40-25
operator of a tow car charge the same rate to law enforcement agencies for40-26
towing services performed without the prior consent of the owner of the40-27
vehicle or the person authorized by the owner to operate the vehicle that the40-28
operator charges to other persons for such services.40-29
Sec. 90. NRS 706.449 is hereby amended to read as follows: 706.449 The transporation services authority may impose an40-31
administrative fine pursuant to subsection 2 of NRS 706.771 on the owner40-32
or operator of a tow car who fails to pay in a timely manner any charge40-33
required to be paid by subsection 2 of NRS 484.631.40-34
Sec. 91. NRS 706.451 is hereby amended to read as follows:40-35
706.451 1. Each owner or operator of a tow car subject to the40-36
jurisdiction of the transportation services authority shall, before40-37
commencing to operate or continuing operation after July 1, 1971, and40-38
annually thereafter, pay to the transportation services authority for each40-39
tow car operated, a fee of not more than40-40
2. The fee provided in this section must be paid on or before January 140-41
of each year.40-42
3. The initial fee must be reduced one-twelfth for each month which40-43
has elapsed since the beginning of the calendar year before July 1, 1971,41-1
for those tow cars lawfully operating on that date or before the41-2
commencement of operation of each tow car commencing operation after41-3
July 1, 1971.41-4
4. Any person who fails to pay any fee on or before the date provided41-5
in this section shall pay a penalty of 10 percent of the amount of the fee41-6
plus interest on the amount of the fee at the rate of 1 percent per month or41-7
fraction of a month from the date the fee is due until the date of payment.41-8
Sec. 92. NRS 706.457 is hereby amended to read as follows: 706.457 The transportation services authority may by supoena41-11
NRS41-12
who has not obtained a required certificate of public convenience and41-13
necessity41-14
appear before it with all41-15
testify concerning the scope, nature and conduct of his business.41-16
Sec. 93. NRS 706.458 is hereby amended to read as follows: 706.458 1. The district court in and for the county in which any41-18
investigation or hearing is being conducted by the transportation services41-19
authority pursuant to the provisions of this chapter may compel the41-20
attendance of witnesses, the giving of testimony and the production of41-21
books and papers as required by any subpoena issued by the transportation41-22
services authority.41-23
2. If any witness refuses to attend or testify or produce any papers41-24
required by such subpoena the transportation services authority may report41-25
to the district court in and for the county in which the investigation or41-26
hearing is pending by petition, setting forth:41-27
(a) That due notice has been given of the time and place of attendance of41-28
the witness or the production of the books and papers;41-29
(b) That the witness has been subpoenaed in the manner prescribed in41-30
this chapter; and41-31
(c) That the witness has failed and refused to attend or produce the41-32
papers required by subpoena in the investigation or hearing named in the41-33
subpoena, or has refused to answer questions propounded to him in the41-34
course of such investigation or hearing,41-35
and asking an order of the court compelling the witness to attend and testify41-36
or produce the books or papers.41-37
3. The court, upon petition of the transportation services authority,41-38
shall enter an order directing the witness to appear before the court at a41-39
time and place to be fixed by the court in such order, the time to be not41-40
more than 10 days41-41
show cause why he has not attended or testified or produced the books or41-42
papers before the transportation services authority. A certified copy of the41-43
order must be served upon the witness. If it appears to the court that the42-1
subpoena was regularly issued, the court shall thereupon enter an order that42-2
the witness appear at the time and place fixed in the order and testify or42-3
produce the required books or papers, and upon failure to obey the order42-4
the witness must be dealt with as for contempt of court.42-5
Sec. 94. NRS 706.461 is hereby amended to read as follows: 706.461 When:42-7
1. A complaint has been filed with the transportation services42-8
authority alleging that any vehicle is being operated without a certificate of42-9
public convenience and necessity42-10
by NRS42-11
act; or42-12
2. The transportation services authority has reason to believe that any:42-13
(a) Person is advertising to provide42-14
42-15
42-16
consent of the owner of the vehicle or the person authorized by the owner42-17
to operate the vehicle without including the number of his certificate of42-18
public convenience and necessity or permit in each advertisement; or42-19
(b) Provision of NRS42-20
section 11 of this act, is being violated,42-21
the transportation services authority shall investigate the operations or42-22
advertising and may, after a hearing, order the owner or operator of the42-23
vehicle or the person advertising to cease and desist from any operation or42-24
advertising in violation of NRS42-25
, and section 11 of this act. The transportation services authority shall42-26
enforce compliance with the order pursuant to the powers vested in the42-27
transportation services authority by NRS42-28
inclusive, and section 11 of this act, or by other law.42-29
Sec. 95. NRS 706.473 is hereby amended to read as follows: 706.473 1. In a county whose population is less than 400,000, a42-31
person who holds a certificate of public convenience and necessity which42-32
was issued for the operation of a taxicab business subject to the42-33
jurisdiction of a taxicab authority may, upon approval from the taxicab42-34
authority, lease a taxicab to an independent contractor who does not hold a42-35
certificate of public convenience and necessity. A person may lease only42-36
one taxicab to each independent contractor with whom he enters into a42-37
lease agreement. The taxicab may be used only in a manner authorized by42-38
the lessor’s certificate of public convenience and necessity.42-39
2. A person who enters into a lease agreement with an independent42-40
contractor pursuant to this section shall submit a copy of the agreement to42-41
the appropriate taxicab authority for its approval. The agreement is not42-42
effective until approved by the taxicab authority.43-1
3. A person who leases a taxicab to an independent contractor is jointly43-2
and severally liable with the independent contractor for any violation of the43-3
provisions of this chapter relating to the regulation of taxicabs or the43-4
regulations adopted pursuant thereto, and shall ensure that the independent43-5
contractor complies with such provisions and regulations.43-6
4. The taxicab authority which has jurisdiction over a lease43-7
agreement or43-8
civil action involving a lease agreement entered into pursuant to this43-9
section.43-10
Sec. 96. NRS 706.475 is hereby amended to read as follows: 706.475 1.43-12
are necessary to:43-13
(a) Carry out the provisions of NRS 706.473; and43-14
(b) Ensure that the taxicab business remains safe, adequate and reliable.43-15
2. Such regulations must include, without limitation:43-16
(a) The minimum qualifications for an independent contractor;43-17
(b)43-18
43-19
43-20
provisions that must be included in a lease agreement concerning the43-21
grounds for the revocation of such approval.43-22
Sec. 97. NRS 706.491 is hereby amended to read as follows: 706.491 Every person operating as a common, contract or private43-24
motor carrier , a taxicab motor carrier, a limousine motor carrier or an43-25
operator of a tow car must, before commencing operation in this state in43-26
any calendar year, secure from the department a license and make payments43-27
therefor as provided in NRS43-28
section 11 of this act, as applicable.43-29
Sec. 98. NRS 706.631 is hereby amended to read as follows: 706.631 The remedies of the state provided for in NRS43-31
706.151 to 706.861, inclusive, and section 11 of this act are cumulative,43-32
and no action taken by the department or transportation services authority43-33
may be construed to be an election on the part of the state or any of its43-34
officers to pursue any remedy under NRS43-35
inclusive, and section 11 of this act, to the exclusion of any other remedy43-36
for which provision is made in NRS43-37
inclusive43-38
Sec. 99. NRS 706.736 is hereby amended to read as follows: 706.736 1. Except as otherwise provided in subsection 2, the43-40
provisions of NRS43-41
of this act do not apply to:43-42
(a) The transportation by a contractor licensed by the state contractors’43-43
board of his own equipment in his own vehicles from job to job.44-1
(b) Any person engaged in transporting his own personal effects in his44-2
own vehicle, but the provisions of this subsection do not apply to any44-3
person engaged in transportation by vehicle of property sold or to be sold,44-4
or used by him in the furtherance of any commercial enterprise other than44-5
as provided in paragraph (d), or to the carriage of any property for44-6
compensation.44-7
(c) Special mobile equipment.44-8
(d) The vehicle of any person, when that vehicle is being used in the44-9
production of motion pictures, including films to be shown in theaters and44-10
on television, industrial training and educational films, commercials for44-11
television and video discs and tapes.44-12
(e) A private motor carrier of property which is used for any convention,44-13
show, exhibition, sporting event, carnival, circus or organized recreational44-14
activity.44-15
(f) A private motor carrier of property which is used to attend livestock44-16
shows and sales.44-17
2. Unless exempted by a specific state statute or a specific federal44-18
statute, regulation or rule, any person referred to in subsection 1 is subject44-19
to:44-20
(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 or44-21
subsection 2 of NRS 706.172, as appropriate, and NRS 706.235 to44-22
706.256, inclusive, 706.281, 706.457 and 706.458.44-23
(b) All rules and regulations adopted by reference pursuant to44-24
44-25
inclusive, and section 11 of this act, by the department or transportation44-26
services authority, as appropriate, concerning the safety of drivers and44-27
vehicles.44-28
(c) All standards adopted by regulation pursuant to NRS 706.173.44-29
3. The provisions of NRS 706.311 to 706.453, inclusive,44-30
44-31
services authority to issue44-32
44-33
44-34
44-35
44-36
operators of tow cars and to regulate rates for towing services performed44-37
without the prior consent of the owner of the vehicle or the person44-38
authorized by the owner to operate the vehicle apply to operators of tow44-39
cars.44-40
4. Any person who operates pursuant to a claim of an exemption44-41
provided by this section but who is found to be operating in a manner not44-42
covered by any of those exemptions immediately becomes liable, in44-43
addition to any other penalties provided in this chapter, for the fee45-1
appropriate to his actual operation as prescribed in this chapter, computed45-2
from the date when that operation began.45-3
Sec. 100. NRS 706.745 is hereby amended to read as follows: 706.745 1. The provisions of NRS 706.38645-5
apply to ambulances or hearses.45-6
2.45-7
the purchase of its service by an incorporated city, county or regional45-8
transportation commission45-9
45-10
of:45-11
(a) Regular routes and fixed schedules;45-12
(b) Nonemergency medical transportation of persons to facilitate their45-13
use of a center as defined in NRS 435.170, if the transportation is available45-14
upon request and without regard to regular routes or fixed schedules;45-15
(c) Nonmedical transportation of disabled persons without regard to45-16
regular routes or fixed schedules; or45-17
(d) In a county whose population is less than 100,000 or an incorporated45-18
city within such a county, nonmedical transportation of persons if the45-19
transportation is available by reservation 1 day in advance of the45-20
transportation and without regard to regular routes or fixed schedules ,45-21
45-22
45-23
45-24
required safety inspections .45-25
45-26
45-27
45-28
agreement for a system of public transit that provides for the transportation45-29
of passengers that is described in:45-30
(a) Paragraph (a) of subsection 2, the public entity shall establish the45-31
routes and fares.45-32
(b) Paragraph (c) or (d) of subsection 2, the common motor carrier:45-33
(1) May provide transportation to any passenger who can board a45-34
vehicle with minimal assistance from the operator of the vehicle.45-35
(2) Shall not offer medical assistance as part of its transportation45-36
service.45-37
45-38
required to obtain a certificate of public convenience and necessity to45-39
operate as a45-40
such passengers only, but such a carrier is not exempt from inspection by45-41
45-42
operation are safe.46-1
46-2
commission is not required to obtain a certificate of public convenience and46-3
necessity to operate a system of public transportation46-4
taxicabs, limousines or other vehicles for passenger service that would46-5
otherwise be subject to the jurisdiction of a taxicab authority pursuant to46-6
this chapter.46-7
46-8
agreement with a common motor carrier for a system of public transit that46-9
provides for the transportation of passengers that is described in paragraph46-10
(c) or (d) of subsection 2 in an area of the incorporated city or an area of46-11
the county, it must determine that:46-12
(a) There are no other common motor carriers of passengers who are46-13
authorized to provide such services in that area; or46-14
(b) Although there are other common motor carriers of passengers who46-15
are authorized to provide such services in the area, the common motor46-16
carriers of passengers do not wish to provide, or are not capable of46-17
providing, such services.46-18
Sec. 101. NRS 706.756 is hereby amended to read as follows: 706.756 1. Except as otherwise provided in subsection 2, any person46-20
who:46-21
(a) Operates a vehicle or causes it to be operated in any carriage to46-22
which the provisions of NRS46-23
section 11 of this act apply without first obtaining a certificate, permit or46-24
license, or in violation of the terms thereof;46-25
(b) Fails to make any return or report required by the provisions of NRS46-26
46-27
the transportation services authority or the department pursuant to the46-28
provisions of NRS46-29
section 11 of this act;46-30
(c) Violates, or procures, aids or abets the violating of, any provision of46-31
NRS46-32
act;46-33
(d) Fails to obey any order, decision or regulation of the transportation46-34
services authority or the department;46-35
(e) Procures, aids or abets any person in his failure to obey such an46-36
order, decision or regulation of the transportation services authority or the46-37
department;46-38
(f) Advertises, solicits, proffers bids or otherwise holds himself out to46-39
perform46-40
performed without the prior consent of the owner of the vehicle or the46-41
person authorized by the owner to operate the vehicle in violation of any46-42
of the provisions of NRS46-43
section 11 of this act;46-44
(g) Advertises as providing47-1
47-2
47-3
consent of the owner of the vehicle or the person authorized by the owner47-4
to operate the vehicle without including the number of his certificate of47-5
public convenience and necessity47-6
advertisement;47-7
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or47-8
discrimination in violation of the provisions of this chapter;47-9
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the47-10
purposes of this chapter;47-11
(j) Operates or causes to be operated a vehicle which does not have the47-12
proper identifying device;47-13
(k) Displays or causes or permits to be displayed a certificate, permit,47-14
license or identifying device, knowing it to be fictitious or to have been47-15
canceled, revoked, suspended or altered;47-16
(l) Lends or knowingly permits the use of by one not entitled thereto any47-17
certificate, permit, license or identifying device issued to the person so47-18
lending or permitting the use thereof;47-19
(m) Knowingly makes or causes to be made, either directly or47-20
indirectly, a false statement on an application, account or other47-21
statement required by the transportation services authority; or47-22
(n) Refuses or fails to surrender to the transportation services authority47-23
or department any certificate, permit, license or identifying device which47-24
has been suspended, canceled or revoked pursuant to the provisions of this47-25
chapter,47-26
is guilty of a gross misdemeanor, and upon conviction thereof shall be47-27
punished by a fine of not less than $10047-28
$2,000, or by imprisonment in the county jail for not more than47-29
1 year, or by both fine and imprisonment.47-30
2. A person convicted of a gross misdemeanor for a violation of the47-31
provisions of NRS 706.38647-32
(a) For the first offense , by a fine of not less than $50047-33
more than47-34
(b) For a second offense within 12 consecutive months and each47-35
subsequent offense , by a fine of47-36
(c) For any offense, by imprisonment in the county jail for not more than47-37
47-38
3.47-39
47-40
47-41
47-42
47-43
person pursuant to this section does not bar the transportation services48-1
authority from suspending or revoking any certificate, permit or license48-2
of the person convicted. The imposition of a fine or the suspension or48-3
revocation of any certificate, permit or license by the transportation48-4
services authority does not operate as a defense in any proceeding48-5
brought against the person by the transportation services authority48-6
pursuant to this chapter.48-7
4. The fines provided in this section are mandatory and must not be48-8
reduced under any circumstances by the court.48-9
5. Any bail allowed must not be less than the appropriate fine provided48-10
for by this section.48-11
Sec. 102. NRS 706.761 is hereby amended to read as follows: 706.761 1. Any48-13
48-14
48-15
who refuses or fails for a period of 30 days to furnish the transportation48-16
services authority or department , as appropriate, with any report required48-17
by48-18
appropriate, or who fails or refuses to permit any person authorized by the48-19
transportation services authority or department , as appropriate, to inspect48-20
such books, accounts, records, minutes or papers on behalf of the48-21
transportation services authority or department , as appropriate, or48-22
otherwise interferes with or impedes such an inspection, is liable to pay a48-23
penalty48-24
penalty may be recovered in a civil action upon the complaint of the48-25
transportation services authority or department , as appropriate, in any48-26
court of competent jurisdiction.48-27
2. Each day’s refusal or failure is a separate offense, and is subject to48-28
the penalty prescribed in this section.48-29
3. If, after a hearing, the transportation services authority finds that48-30
a person to whom a certificate has been issued has refused or failed to48-31
produce a record or allow an inspection in violation of this section, the48-32
transportation services authority may, upon 5 days’ written notice,48-33
suspend the certificate.48-34
Sec. 103. NRS 706.766 is hereby amended to read as follows: 706.766 1. It is unlawful for any48-36
of a tow car to charge, demand, collect or receive a greater or less48-37
compensation for any service performed by it within this state or for any48-38
service in connection therewith than is specified in its fare, rates, joint48-39
rates, charges or rules and regulations on file with the transportation48-40
services authority, or to demand, collect or receive any fare, rate or charge48-41
not specified. The rates, tolls and charges named therein are the lawful48-42
rates, tolls and charges until they are changed as provided in this chapter.49-1
2. It is unlawful for any49-2
car to grant any rebate, concession or special privilege to any person which,49-3
directly or indirectly, has or may have the effect of changing the rates, tolls,49-4
charges or payments.49-5
3. Any violation of the provisions of this section subjects the violator49-6
to the penalty prescribed in NRS 706.761.49-7
Sec. 104. NRS 706.771 is hereby amended to read as follows: 706.771 1. Any person or any agent or employee thereof, who49-9
violates any provision of this chapter, any lawful regulation of the49-10
transportation services authority or any lawful tariff on file with the49-11
transportation services authority or who fails, neglects or refuses to obey49-12
any lawful order of the transportation services authority or any court order49-13
for whose violation a civil penalty is not otherwise prescribed is liable to a49-14
penalty of not more than $10,000 for any violation. The penalty may be49-15
recovered in a civil action upon the complaint of the transportation49-16
services authority in any court of competent jurisdiction.49-17
2. If the transportation services authority does not bring an action to49-18
recover the penalty prescribed by subsection 1, the transportation services49-19
authority may impose an administrative fine of not more than $10,000 for49-20
any violation of a provision of this chapter or any rule, regulation or order49-21
adopted or issued by the transportation services authority49-22
pursuant to the provisions of this chapter. A fine imposed by the49-23
transportation services authority may be recovered by the transportation49-24
services authority only after notice is given and a hearing is held pursuant49-25
to the provisions of chapter 233B of NRS.49-26
3. All administrative fines imposed and collected by the transportation49-27
services authority pursuant to subsection 2 are payable to the state treasurer49-28
and must be credited to49-29
49-30
4. A penalty or fine recovered pursuant to this section is not a cost of49-31
service for purposes of rate making.49-32
Sec. 105. NRS 706.776 is hereby amended to read as follows: 706.776 1. The owner or operator of a motor vehicle to which any49-34
provisions of49-35
carrying passengers or property on any highway in the State of Nevada49-36
shall not require or permit any driver of the motor vehicle to drive it in any49-37
one period longer than the time permitted for that period by the order of the49-38
appropriate taxicab authority or the department.49-39
2. In addition to other persons so required, the labor commissioner49-40
shall enforce the provisions of this section.49-41
Sec. 106. NRS 706.779 is hereby amended to read as follows: 706.779 The transportation services authority and its inspectors may,49-43
upon halting a person for a violation of the provisions of NRS 706.386 ,50-1
50-2
other place of safekeeping until it is removed in a manner which complies50-3
with the provisions of this chapter.50-4
Sec. 107. NRS 706.781 is hereby amended to read as follows: 706.781 In addition to all the other remedies provided by NRS50-6
50-7
prevention and punishment of any violation of the provisions thereof and of50-8
all orders of the transportation services authority or the department, the50-9
transportation services authority or the department may compel50-10
compliance with the provisions of NRS50-11
inclusive, and section 11 of this act, and with the orders of the50-12
transportation services authority or the department by proceedings in50-13
mandamus, injunction or by other civil remedies.50-14
Sec. 108. NRS 706.881 is hereby amended to read as follows: 706.88150-16
706.885, inclusive, and sections 12 to 21, inclusive, of this act, and50-17
section 1 of Assembly Bill No. 677 of this session, apply to50-18
50-19
50-20
50-21
50-22
50-23
50-24
50-25
50-26
50-27
50-28
50-29
by taxicabs and limousines.50-30
Sec. 109. NRS 706.88185 is hereby amended to read as follows:50-31
706.88185 1. When50-32
that any provision of NRS 706.881 to 706.885, inclusive, and sections 1250-33
to 21, inclusive, of this act, is being violated, the taxicab authority shall50-34
investigate the alleged violation. After a hearing , the taxicab authority may50-35
issue an order requiring that the certificate holder cease and desist from any50-36
action that is in violation of NRS 706.881 to 706.885, inclusive50-37
50-38
2. A taxicab authority shall enforce an order issued pursuant to50-39
subsection 1 in accordance with the provisions of NRS 706.881 to 706.885,50-40
inclusive50-41
Sec. 110. NRS 706.8819 is hereby amended to read as follows: 706.8819 1.50-43
make final decisions in the following matters:51-1
(a) Applications to adjust, alter or change the rates, charges or fares for51-2
taxicab or limousine service;51-3
(b) Applications for certificates of public convenience and necessity to51-4
operate a taxicab or limousine service;51-5
(c) Applications requesting authority to transfer any existing interest in a51-6
certificate of public convenience and necessity or in a corporation that51-7
holds a certificate of public convenience and necessity to operate a taxicab51-8
or limousine business; and51-9
(d) Applications to change the total number of allocated taxicabs in a51-10
county51-11
51-12
51-13
2. An appeal from the final decision of51-14
be made to the transportation services authority.51-15
Sec. 111. NRS 706.882 is hereby amended to read as follows:51-16
706.882 1. The director of the department of business and industry51-17
shall appoint a taxicab administrator for each of the taxicab authorities51-18
from a list of three names submitted to him by each of the taxicab51-19
51-20
pleasure of the director51-21
service of the state.51-22
2.51-23
good cause shown.51-24
3. Except as otherwise provided in NRS 284.143,51-25
administrator shall devote his entire time and attention to the business of51-26
his office and shall not pursue any other business or occupation or hold any51-27
other office of profit.51-28
Sec. 112. NRS 706.8821 is hereby amended to read as follows:51-29
706.8821 1.51-30
responsible for the control and regulation of the taxicab and limousine51-31
industry in any county51-32
51-33
administration of NRS 706.881 to 706.885, inclusive51-34
51-35
2. An administrator shall appoint:51-36
(a) One accountant and such auditors as are necessary to enable the51-37
administrator to perform his official functions properly; and51-38
(b) Such other employees as are necessary to enable the administrator to51-39
perform his official functions properly.51-40
Sec. 113. NRS 706.8822 is hereby amended to read as follows: 706.882251-42
706.8829 and 706.88395, a taxicab authority shall conduct administrative52-1
hearings and make final decisions, subject to appeal by any aggrieved party52-2
to the52-3
1. Any violation relating to the issuance of or transfer of license plates52-4
for motor carriers required by either the taxicab authority or the department52-5
of motor vehicles and public safety;52-6
2. Complaints against certificate holders;52-7
3. Complaints against taxicab or limousine drivers;52-8
4. Applications for, or suspension or revocation of, drivers’ permits ;52-9
52-10
5. Imposition of monetary penalties.52-11
Sec. 114. NRS 706.88235 is hereby amended to read as follows:52-12
706.88235 1. Whenever52-13
administrator is authorized or required by law to conduct a hearing, the52-14
administrator may issue subpoenas requiring the attendance of witnesses52-15
before the taxicab authority or the administrator, respectively, together52-16
with all books, memoranda, papers and other documents relative to the52-17
matters for which the hearing is called and take depositions within or52-18
without the state, as the circumstances of the case may require.52-19
2. The district court in and for the county in which any hearing is being52-20
conducted may compel the attendance of witnesses, the giving of testimony52-21
and the production of books and papers as required by any subpoena issued52-22
by the administrator.52-23
3. In case of the refusal of any witness to attend or testify or produce52-24
any papers required by the subpoena, the administrator may report to the52-25
district court in and for the county in which the hearing is pending by52-26
petition, setting forth:52-27
(a) That due notice has been given of the time and place of attendance of52-28
the witness or the production of the books and papers;52-29
(b) That the witness has been subpoenaed in the manner prescribed in52-30
this section; and52-31
(c) That the witness has failed and refused to attend or produce the52-32
papers required by subpoena before the taxicab authority or the52-33
administrator in the hearing named in the subpoena, or has refused to52-34
answer questions propounded to him in the course of the hearing,52-35
and asking an order of the court compelling the witness to attend and testify52-36
or produce the books or papers before the taxicab authority or the52-37
administrator.52-38
4. The court, upon petition of the administrator shall enter an order52-39
directing the witness to appear before the court at a time and place to be52-40
fixed by the court in the order, the time to be not more than 10 days52-41
after the date of the order, and then and there show cause why he has not52-42
attended or testified or produced the books or papers. A certified copy of52-43
the order must be served upon the witness. If it appears to the court that the53-1
subpoena was regularly issued by the administrator, the court may53-2
thereupon enter an order that the witness appear before the taxicab53-3
authority or the administrator at the time and place fixed in the order and53-4
testify or produce the required books or papers, and upon failure to obey53-5
the order the witness must be dealt with as for contempt of court.53-6
Sec. 115. NRS 706.88237 is hereby amended to read as follows: 706.8823753-8
1. Determine the circumstances that require a temporary increase in the53-9
number of taxicabs or limousines subject to its jurisdiction allocated53-10
pursuant to NRS 706.8824; and53-11
2. Allocate a temporary increase in the number of such taxicabs or53-12
limousines pursuant to NRS 706.88245 when the circumstances require the53-13
increase.53-14
Sec. 116. NRS 706.8824 is hereby amended to read as follows: 706.8824 1.53-16
act, in determining whether circumstances require the establishment of a53-17
system of allocations or a change in existing allocations53-18
limousines subject to the jurisdiction of a taxicab authority, the taxicab53-19
authority shall consider the interests, welfare, convenience, necessity and53-20
well-being of the customers of taxicabs53-21
2. Whenever circumstances require the establishment of a system of53-22
allocations53-23
authority, the taxicab authority shall allocate the number of taxicabs or53-24
limousines, as appropriate, among the certificate holders in the county , as53-25
follows:53-26
(a) For taxicabs, the allocation must be made in a manner which53-27
reflects the number of taxicabs operated by each certificate holder during53-28
the 5 years immediately preceding the date of establishment of the system53-29
of allocations by the taxicab authority in the county.53-30
(b) For limousines, the allocation must be made in a manner which53-31
reflects the number of limousines operated by each certificate holder as53-32
of October 1, 1999.53-33
3. Whenever circumstances require an increase in the existing53-34
allocations53-35
provided by section 15 of this act, a taxicab authority shall allocate the53-36
additional taxicabs or limousines, as appropriate, equally among all the53-37
certificate holders who apply from the area to be affected by the allocation.53-38
4. Unless a certificate holder puts the additionally allocated taxicabs or53-39
limousines, as appropriate, into service within 30 days after the effective53-40
date of the increased allocation, the increased allocation to that certificate53-41
holder is void.53-42
5.53-43
granted by the allocation any terms and conditions which in its judgment53-44
the public interest may require. The taxicab authority may limit:53-45
(a) The geographical area from which service is offered or provided.54-1
(b) The hours of service. Such a limitation must not reduce hours of54-2
service to less than 12 consecutive hours in a 24-hour period.54-3
If a limitation is placed on an allocation, taxicabs or limousines, as54-4
appropriate, must be marked in a distinctive manner that indicates the54-5
limitation.54-6
6.54-7
(a) The existing allocation of taxicabs54-8
(b) The rates, charges or fares of the certificate holders in its54-9
jurisdiction.54-10
7. Notwithstanding any provision of this section or section 15 of this54-11
act to the contrary, if a system of allocations for limousines has been54-12
established, a taxicab authority shall allow each person to whom a54-13
certificate of public convenience and necessity has been issued by the54-14
taxicab authority for the operation of limousines to operate not more54-15
than one limousine pursuant to that certificate. Upon issuance of the54-16
certificate, the certificate holder becomes subject to all other provisions54-17
relating to allocations that are set forth in this section and section 15 of54-18
this act.54-19
Sec. 117. NRS 706.88245 is hereby amended to read as follows: 706.88245 1. In determining whether circumstances require a54-21
temporary increase in the number of taxicabs or limousines subject to its54-22
jurisdiction allocated pursuant to NRS 706.8824,54-23
shall consider the interests, welfare, convenience, necessity and well-being54-24
of the customers of taxicabs54-25
2. Whenever circumstances require a temporary increase in the number54-26
of taxicabs or limousines subject to its jurisdiction allocated pursuant to54-27
NRS 706.8824,54-28
increase equally among the certificate holders who are taxicab motor54-29
carriers or limousine motor carriers, as appropriate, subject to the54-30
jurisdiction of the taxicab authority in the area to be affected by the54-31
allocation.54-32
3.54-33
(a) The number of additional taxicabs or limousines to be allocated;54-34
(b) The hours of operation of the additional taxicabs54-35
and54-36
(c) The duration of the temporary allocation.54-37
4.54-38
temporary increases in the allocation of taxicabs or limousines subject to54-39
its jurisdiction pursuant to this section.54-40
Sec. 118. NRS 706.8825 is hereby amended to read as follows: 706.8825 1.54-42
funds:55-1
(a) The taxicab authority regulatory fund for the taxicab authority for55-2
southern Nevada; and55-3
(b) The taxicab authority regulatory fund for the taxicab authority for55-4
northern Nevada.55-5
2. Except as otherwise provided in this section, all fees collected55-6
pursuant to NRS 706.881 to 706.885, inclusive, and sections 12 to 21,55-7
inclusive, of this act, must be deposited with the state treasurer to the credit55-8
of the appropriate taxicab authority regulatory fund .55-9
55-10
subject to55-11
accounted for separately within the appropriate fund.55-12
55-13
after deducting any applicable charges, must be credited to the fund.55-14
55-15
that is imposed on a taxicab motor carrier or limousine motor carrier by55-16
the taxicab authority must be deposited into the state general fund.55-17
5. The revenues received pursuant to subsection 1 of NRS 706.882655-18
are hereby appropriated to defray the cost of regulating taxicabs and55-19
limousines in the county or the city, respectively, making the deposit under55-20
that subsection.55-21
55-22
NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby55-23
appropriated to defray the cost of regulating taxicabs and limousines in the55-24
county in which the certificate holder operates a taxicab or limousine55-25
business.55-26
55-27
fund does not revert to the state general fund. The administrator of a55-28
taxicab authority may transfer to the aging services division of the55-29
department of human resources any balance over $200,000 and any interest55-30
earned on the55-31
authority, within the limits of legislative authorization for each fiscal year,55-32
to subsidize transportation for the elderly and the permanently handicapped55-33
in taxicabs. The money transferred to the aging services division must be55-34
administered in accordance with regulations adopted by the administrator55-35
of the aging services division pursuant to NRS 427A.070.55-36
55-37
account for petty cash not to exceed $1,000 for the support of undercover55-38
investigation and, if the account is created, the administrator shall55-39
reimburse the account from the appropriate taxicab authority regulatory55-40
fund in the same manner as other claims against the state are paid.55-41
Sec. 119. NRS 706.8826 is hereby amended to read as follows:55-42
706.8826 1. The board of county commissioners of any county in55-43
which there is in effect an order for the allocation of taxicabs or limousines56-1
from a taxicab authority, and the governing body of each city within any56-2
such county, shall deposit with the state treasurer to the credit of the56-3
appropriate taxicab authority regulatory fund all56-4
which is received from the taxicab and limousine business operating in the56-5
county and city, respectively.56-6
2. For the purpose of calculating the amount due to the state under56-7
subsection 1, the tax revenue of a county does not include any amount56-8
which represents a payment for the use of county facilities or property.56-9
3.56-10
56-11
year for each taxicab56-12
per year for each limousine which the certificate holder operates pursuant56-13
to his certificate of public convenience and necessity and , if the56-14
certificate holder is a taxicab motor carrier, a fee set by the taxicab56-15
authority that must not exceed56-16
trip of each of those taxicabs, which may be added to the meter charge. The56-17
money so received by the taxicab authority must be paid to the state56-18
treasurer for deposit in the state treasury to the credit of the appropriate56-19
taxicab authority regulatory fund.56-20
Sec. 120. NRS 706.8827 is hereby amended to read as follows: 706.8827 1. A person shall not engage in the taxicab or limousine56-22
business unless he:56-23
(a) Holds a certificate of public convenience and necessity from the56-24
previously exiting public service commission of Nevada issued before56-26
a taxicab authority;56-27
(b) Holds a certificate of public necessity of public convenience and56-28
necessity from the transportation services authority issued before July 1,56-29
1999, which has not been transferred, revoked or suspended by a taxicab56-30
authority; or56-31
(c) Currently holds a certificate of public convenience and necessity56-32
from56-33
2. Upon the filing of an application for a certificate of public56-34
convenience and necessity, the taxicab authority with which the56-35
application was filed shall fix a time and place for a hearing thereon. The56-36
taxicab authority shall issue the certificate if it finds that:56-37
(a) The applicant is fit, willing and able to perform the services of a56-38
taxicab motor carrier56-39
(b) The proposed operation will be consistent with the legislative56-40
policies set forth in NRS 706.151;56-41
(c) The granting of the certificate will not unreasonably and adversely56-42
affect other carriers operating in the territory for which the certificate is56-43
sought;57-1
(d) The holders of existing certificates will not meet the needs of the57-2
territory for which the certificate is sought if the certificate is not granted;57-3
and57-4
(e) The proposed service will benefit the public and the taxicab or57-5
limousine business , as appropriate, in the territory to be served.57-6
3. The applicant for a certificate has the burden of proving to the57-7
taxicab authority that the proposed operation will meet the requirements of57-8
subsection 2. The taxicab authority shall not find that the potential creation57-9
of competition in a territory which may be caused by the granting of a57-10
certificate, by itself, will unreasonably and adversely affect other carriers57-11
operating in the territory for the purposes of paragraph (c) of subsection 2.57-12
4. The applicant must submit an application fee of $200, which must57-13
not be refunded, with his application. The applicant must also pay those57-14
amounts which are billed to him by the taxicab authority for reasonable57-15
costs incurred by it in conducting an investigation or hearing regarding the57-16
applicant.57-17
5.57-18
granted by the certificate any terms and conditions which in its judgment57-19
the public interest may require.57-20
6.57-21
application if, upon the expiration of the time fixed in the notice of the57-22
hearing, no protest against the granting of the certificate has been filed by57-23
or on behalf of any person.57-24
7. Any person who has been denied a certificate of public convenience57-25
and necessity after a hearing may not file a similar application with57-26
taxicab authority covering the same type of service and over the same route57-27
or routes or in the same territory for which the certificate of public57-28
convenience and necessity was denied except after the expiration of 18057-29
days57-30
Sec. 121. NRS 706.8829 is hereby amended to read as follows:57-31
706.8829 1. A certificate holder shall maintain a uniform system of57-32
accounts in which all business transacted by the certificate holder is57-33
recorded. The accounts must be:57-34
(a) Kept in a form prescribed by the taxicab authority57-35
jurisdiction over the certificate holder;57-36
(b) Before May 15 of each year, submitted to the taxicab authority in an57-37
annual report in the form and detail prescribed by the taxicab authority;57-38
(c) Retained for a period of 3 years after their receipt back from the57-39
taxicab authority; and57-40
(d) Supplemented with such additional information as the taxicab57-41
authority may require.57-42
2.57-43
minutes and papers of a certificate holder at any reasonable time to58-1
determine their correctness and whether they are maintained in accordance58-2
with the regulations adopted by the taxicab authority.58-3
3. If a certificate holder fails to comply with any provision of this58-4
section in a timely manner, the administrator58-5
which has jurisdiction over the certificate holder, after hearing, may58-6
impose a fine of not more than $1,000, commence proceedings to suspend58-7
or revoke the certificate of public convenience and necessity of the58-8
certificate holder, or both impose a fine and commence such proceedings.58-9
Sec. 122. NRS 706.883 is hereby amended to read as follows: 706.883 1. A certificate holder shall maintain at his principal place of58-11
business:58-12
(a) A record of the make and serial number of each taxicab58-13
limousine;58-14
(b) A maintenance record for each taxicab58-15
(c) A copy of the medical certificates of each of his drivers.58-16
2. The records of a certificate holder58-17
inspection by the administrator58-18
jurisdiction over the certificate holder at any reasonable time.58-19
Sec. 123. NRS 706.8833 is hereby amended to read as follows: 706.8833 1. The color scheme, insigne and design of the cruising58-21
lights of each taxicab must conform to those approved for the certificate58-22
holder pursuant to regulations of the taxicab authority58-23
58-24
2. A taxicab authority shall approve or disapprove the color scheme,58-25
insigne and design of the cruising lights of the taxicabs of a certificate58-26
holder in any county58-27
color scheme and insigne of one certificate holder are readily58-28
distinguishable from the color schemes and insignia of other certificate58-29
holders operating in the same county.58-30
Sec. 124. NRS 706.8834 is hereby amended to read as follows: 706.8834 1.58-32
certificate holder shall not permit a vehicle to be used as a taxicab if it has58-33
been in operation as a taxicab for more than 4 model years or 52 months,58-34
whichever period is longer.58-35
2.58-36
which a certificate holder acquires for use as a taxicab must:58-37
(a) Be new; or58-38
(b) Register not more than 30,000 miles on the odometer.58-39
3. A taxicab authority may, upon good cause shown, exempt any city,58-40
town or other area specifically identified by the taxicab authority which58-41
is located within the county subject to the jurisdiction of the taxicab58-42
authority from any provision of this section.59-1
Sec. 125. NRS 706.8836 is hereby amended to read as follows: 706.8836 1. A certificate holder shall equip each of his taxicabs with59-3
a taximeter and shall make provisions when installing the taximeter to59-4
allow sealing by the administrator59-5
jurisdiction over the certificate holder.59-6
2. The administrator of a taxicab authority shall approve the types of59-7
taximeters which may be used on a taxicab59-8
the taxicab authority. All such taximeters must conform to a 2-percent59-9
plus or minus tolerance on the fare recording, must be equipped with a59-10
signal device plainly visible from outside of the taxicab, must be equipped59-11
with a device which records fares and is plainly visible to the passenger and59-12
must register upon plainly visible counters the following items:59-13
(a) Total miles;59-14
(b) Paid miles;59-15
(c) Number of units;59-16
(d) Number of trips; and59-17
(e) Number of extra passengers or extra charges.59-18
3. The administrator of a taxicab authority shall inspect each59-19
taximeter before its use in a taxicab subject to the jurisdiction of the59-20
taxicab authority, and shall, if the taximeter conforms to the standards59-21
specified in subsection 2, seal the taximeter.59-22
4. The administrator of a taxicab authority may reinspect59-23
taximeter at any reasonable time.59-24
Sec. 126. NRS 706.8837 is hereby amended to read as follows: 706.8837 A certificate holder shall not permit a taxicab or limousine59-26
to be operated in passenger service unless it meets all59-27
standards:59-28
1. The steering mechanism is in good mechanical working order.59-29
2. The vehicle does not have any apparent loose knuckles, bolts or gear59-30
trains.59-31
3. The door hinges and latches are in good mechanical working order59-32
and all doors operate easily and close securely.59-33
4. Interior or exterior advertising does not obscure the driver’s view in59-34
any direction.59-35
5. The windows are clear and free from cracks or chips in excess of 359-36
inches in length and are composed of approved, nonshatterable safety glass.59-37
6. The brakes are in good mechanical working order and when pressed59-38
are not less than 1 3/4 inches from the floorboard.59-39
7. The exhaust system, gaskets, tail pipes and mufflers are in good59-40
condition and exhaust fumes do not penetrate the interior of the vehicle.59-41
8. The vehicle is equipped with four adequate and safe tires. Recapped59-42
tires may be used. Regrooved tires may not be used.60-1
9. The speedometer is properly installed, maintained in good working60-2
order and exposed to view.60-3
10. The interior of the vehicle is clean, free from torn upholstery and60-4
from damaged or broken seats.60-5
11. The headlights, taillights, stoplights and turn signals are in good60-6
mechanical working order.60-7
12. The horn and two windshield wipers are in good mechanical60-8
working order.60-9
13.60-10
is not disconnected and has its covers and gears intact.60-11
14. An air pollution control system is functioning in accordance with60-12
federal, state and local laws which were applicable to the type of vehicle at60-13
the time of its manufacture.60-14
Sec. 127. NRS 706.8838 is hereby amended to read as follows: 706.8838 A certificate holder shall not permit a taxicab or limousine60-16
to be operated in passenger service for a period of more than 24 hours60-17
unless it meets all60-18
1. The vehicle is structurally sound and operates with a minimum of60-19
noise and vibration.60-20
2. The vehicle does not have cracked, broken or badly dented fenders60-21
and is painted so as to provide reasonable protection against structural60-22
deterioration.60-23
3.60-24
curtains which can be manipulated to shield the occupants or driver from60-25
exterior observation or to obstruct vision through the rear view windows.60-26
4. The vehicle is washed once a week, the interior is swept, dusted and60-27
vacuumed once a day and the vehicle is in a clean and sanitary condition.60-28
5. The floor mat is made of rubber or a similar nonabsorbent, washable60-29
material, is easily removable and is not torn.60-30
Sec. 128. NRS 706.8839 is hereby amended to read as follows: 706.8839 1. The administrator of a taxicab authority may inspect a60-32
taxicab or limousine subject to the jurisdiction of the taxicab authority at60-33
any reasonable time.60-34
2. If the administrator finds that a taxicab or limousine is in a60-35
condition which violates NRS 706.8837, he shall remove the vehicle from60-36
service,60-37
notify the certificate holder of the defect. The vehicle60-38
out of service until the defect has been remedied and the administrator upon60-39
reinspection has approved the vehicle and removed the out-of-service60-40
sticker.60-41
3. If the administrator finds that a taxicab is in a condition which60-42
violates NRS 706.8838, he shall notify the certificate holder of the60-43
improper condition and, after a reasonable time, shall reinspect the vehicle.61-1
If upon reinspection the violation has not been corrected, the vehicle61-2
must be removed from service until it is reinspected and approved, as61-3
provided in subsection 2.61-4
Sec. 129. NRS 706.88395 is hereby amended to read as follows:61-5
706.88395 1. A vehicle used as a taxicab, limousine or other61-6
passenger vehicle in passenger service must be impounded by the61-7
administrator of a taxicab authority if a certificate of public convenience61-8
and necessity has not been issued authorizing its operation61-9
taxicab authority, the transportation services authority or the previously61-10
existing public service commission of Nevada. A hearing must be held by61-11
the administrator61-12
business day after impoundment, weekends and holidays excluded. As soon61-13
as practicable after impoundment, the administrator shall notify the61-14
registered owner of the vehicle:61-15
(a) That the registered owner of the vehicle must post a bond in the61-16
amount of $20,000 to ensure his presence at all proceedings held pursuant61-17
to this section;61-18
(b) Of the time set for the hearing; and61-19
(c) Of his right to be represented by counsel during all phases of the61-20
proceedings.61-21
2. The administrator shall hold the vehicle until the registered owner of61-22
the vehicle appears and:61-23
(a) Proves that he is the registered owner of the vehicle;61-24
(b) Proves that he holds a valid certificate of public convenience and61-25
necessity;61-26
(c) Proves that the vehicle meets all required standards of the taxicab61-27
authority; and61-28
(d) Posts a bond in the amount of $20,000 with the administrator.61-29
The administrator shall return the vehicle to its registered owner when the61-30
owner meets the requirements of this subsection and pays all costs of61-31
impoundment.61-32
3. If the registered owner is unable to meet the requirements of61-33
paragraph (b) or (c) of subsection 2, the administrator may assess an61-34
administrative fine against the registered owner for each such violation in61-35
the amount of $5,000. The maximum amount of the administrative fine that61-36
may be assessed against a registered owner for a single impoundment of his61-37
vehicle pursuant to this section is $10,000. The administrator shall return61-38
the vehicle after any administrative fine imposed pursuant to this subsection61-39
and all costs of impoundment have been paid.61-40
Sec. 130. NRS 706.8841 is hereby amended to read as follows: 706.8841 1. The administrator of a taxicab authority shall issue a61-42
driver’s permit to qualified persons who wish to be employed by certificate61-43
holders as62-1
county that is subject to the jurisdiction of the taxicab authority. Before62-2
issuing a driver’s permit, the administrator shall:62-3
(a) Require the applicant to submit a set of his fingerprints, which must62-4
be forwarded to the Federal Bureau of Investigation to ascertain whether62-5
the applicant has a criminal record and the nature of any such record, and62-6
shall further investigate the applicant’s background; and62-7
(b) Require proof that the applicant:62-8
(1) Has been a resident of the state for 30 days before his application62-9
for a permit;62-10
(2) Can read and orally communicate in the English language; and62-11
(3) Has a valid license issued under NRS 483.325 which authorizes62-12
him to drive a taxicab or limousine in this state.62-13
2. The administrator may refuse to issue a driver’s permit if the62-14
applicant has been convicted of:62-15
(a) A felony, other than a felony for a sexual offense, in the State of62-16
Nevada or any other state, territory or nation within 5 years before the date62-17
of the application, or a felony involving any sexual offense at any time; or62-18
(b) Driving under the influence of intoxicating beverages, dangerous62-19
drugs or controlled substances within 3 years before the date of the62-20
application.62-21
3. The administrator may refuse to issue a driver’s permit if the62-22
administrator, after the background investigation of the applicant,62-23
determines that the applicant is morally unfit or if the issuance of the62-24
driver’s permit would be detrimental to public health, welfare or safety.62-25
4. A taxicab or limousine driver shall pay to the administrator, in62-26
advance, $20 for an original driver’s permit and62-27
Sec. 131. NRS 706.8843 is hereby amended to read as follows: 706.8843 1. A certificate holder shall not employ a driver unless the62-29
driver has obtained and has on his person:62-30
(a) A valid driver’s license for the State of Nevada obtained under the62-31
provisions of NRS 483.010 to 483.630, inclusive;62-32
(b) A copy of a physician’s certificate obtained pursuant to NRS62-33
706.8842; and62-34
(c) A driver’s permit issued by the administrator pursuant to rules and62-35
regulations of the appropriate taxicab authority.62-36
2. A certificate holder shall, at the time he employs a driver, provide62-37
the driver with a complete copy of the rules and regulations described in62-38
NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations62-39
as may be adopted by the taxicab authority62-40
the certificate holder, and require the driver to sign a statement that he has62-41
received a copy of the regulations and has read and familiarized himself62-42
with the contents thereof.63-1
Sec. 132. NRS 706.8844 is hereby amended to read as follows: 706.8844 1. A certificate holder shall require his drivers to keep a63-3
daily trip sheet in a form to be prescribed by the taxicab authority63-4
has jurisdiction over the certificate holder.63-5
2. At the beginning of each period of duty the driver shall record on his63-6
trip sheet:63-7
(a) His name and the number of his taxicab;63-8
(b) The time at which he began his period of duty by means of a time63-9
clock provided by the certificate holder;63-10
(c) The meter readings for total miles, paid miles, trips, units, extra63-11
passengers and extra charges; and63-12
(d) The odometer reading of the taxicab.63-13
3. During his period of duty the driver shall record on his trip sheet:63-14
(a) The time, place of origin and destination of each trip; and63-15
(b) The number of passengers and amount of fare for each trip.63-16
4. At the end of each period of duty the driver shall record on his trip63-17
sheet:63-18
(a) The time at which he ended his period of duty by means of a time63-19
clock provided by the certificate holder;63-20
(b) The meter readings for total miles, paid miles, trips, units and extra63-21
passengers; and63-22
(c) The odometer reading of the taxicab.63-23
5. A certificate holder shall furnish a trip sheet form for each taxicab63-24
operated by a driver during his period of duty and shall require his drivers63-25
to return their completed trip sheets at the end of each period of duty.63-26
6. A certificate holder shall retain all trip sheets of all drivers in a safe63-27
place for a period of 3 years immediately succeeding December 31 of the63-28
year to which they respectively pertain and shall make such manifests63-29
available for inspection by the administrator upon reasonable demand.63-30
7. Any driver who maintains a trip sheet in a form less complete than63-31
that required by subsection 1 is guilty of a misdemeanor.63-32
Sec. 133. NRS 706.8847 is hereby amended to read as follows: 706.8847 1. A driver of a taxicab shall not refuse or neglect to63-34
transport any orderly person to that person’s destination if:63-35
(a) That person requests the driver to transport him; and63-36
(b) The requested destination is within the area allocated to the63-37
certificate holder who employs the driver.63-38
2. Subsection 1 does not apply if the driver can show63-39
63-40
jurisdiction over the driver that:63-41
(a) He has good reason to fear for his personal safety;63-42
(b) The taxicab has been previously engaged by another person; or64-1
(c) He is forbidden by law or regulation to carry the person requesting64-2
transportation.64-3
Sec. 134. NRS 706.8848 is hereby amended to read as follows: 706.8848 1. If a driver violates any provision of NRS 706.8844 to64-5
706.8847, inclusive, and sections 12 to 21, inclusive, of this act, the64-6
64-7
certificate holder which employs the driver may impose the following64-8
sanctions:64-9
(a) First offense: Warning notice or a fine of not more than $100, or64-10
both warning and fine.64-11
(b) Second offense: 1 to 3 days’ suspension of a driver’s permit or a fine64-12
of not more than $200, or both suspension and fine.64-13
(c) Third offense: 4 to 6 days’ suspension of a driver’s permit or a fine64-14
of not more than $300, or both suspension and fine.64-15
(d) Fourth offense: 10 days’ suspension of a driver’s permit or a fine of64-16
not more than $500, or both suspension and fine.64-17
(e) Fifth offense: Revocation of a driver’s permit or a fine of not more64-18
than $500, or both revocation and fine.64-19
2. Only violations occurring in the 12 months immediately preceding64-20
the most current violation64-21
subsection 1. The administrator of the taxicab authority shall inspect the64-22
driver’s record for that period to compute the number of offenses64-23
committed.64-24
3. The64-25
64-26
permit or imposing a fine under this section or NRS 706.8849.64-27
Sec. 134.5. NRS 706.8849 is hereby amended to read as follows: 706.8849 1. A taxicab driver shall:64-29
(a) Ensure that the fare indicator on the taximeter of his taxicab reads64-30
zero before the time that the taxicab is engaged.64-31
(b) Ensure that the taximeter of his taxicab is engaged while the taxicab64-32
is on hire.64-33
(c) Not make any charge for the transportation of a passenger other than64-34
the charge shown on the taximeter.64-35
(d) Not alter, manipulate, tamper with or disconnect a sealed taximeter64-36
or its attachments nor make any change in the mechanical condition of the64-37
wheels, tires or gears of a taxicab with intent to cause false registration on64-38
the taximeter of the passenger fare.64-39
(e) Not remove or alter fare schedules which have been posted in his64-40
taxicab by the certificate holder.64-41
(f) Not permit any person or persons other than the person who has64-42
engaged the taxicab to ride therein unless the person who has engaged the64-43
taxicab requests that the other person or persons ride in the taxicab. If more65-1
than one person is loaded by the taxicab driver as set forth in this65-2
paragraph, the driver shall, when one of the persons leaves the taxicab,65-3
charge that person the fare on the meter and reset the taximeter.65-4
(g) Not drive a taxicab or go on duty while under the influence of, or65-5
impaired by, any controlled substance, dangerous drug, or intoxicating65-6
liquor or drink intoxicating liquor while on duty.65-7
(h) Not use or consume controlled substances or dangerous drugs which65-8
impair a person’s ability to operate a motor vehicle at any time, or use or65-9
consume any other controlled substances or dangerous drugs at any time65-10
except in accordance with a lawfully issued prescription.65-11
(i) Not operate a taxicab without a valid driver’s permit issued pursuant65-12
to NRS 706.8841 and a valid driver’s license issued pursuant to NRS65-13
483.325 in his possession.65-14
(j) Obey all provisions and restrictions of his employer’s certificate of65-15
public convenience and necessity.65-16
2. If a driver violates any provision of subsection 1, the65-17
taxicab authority which has jurisdiction over the certificate holder that65-18
employs the driver may, after a hearing, impose the following sanctions:65-19
(a) For a first offense, 1 to 5 days’ suspension of a driver’s permit or a65-20
fine of not more than $100, or both suspension and fine.65-21
(b) For a second offense, 6 to 20 days’ suspension of a driver’s permit65-22
or a fine of not more than $300, or both suspension and fine.65-23
(c) For a third offense, a fine of not more than $500.65-24
In addition to the other penalties set forth in this subsection, the65-25
65-26
violation of a provision of paragraph (g) of subsection 1.65-27
3. Only violations occurring in the 12 months immediately65-29
subsection 2. The administrator of the taxicab authority shall inspect the65-30
driver’s record for that period to compute the number of offenses65-31
committed.65-32
Sec. 135. NRS 706.885 is hereby amended to read as follows: 706.885 1. Any person who knowingly makes or causes to be made,65-34
either directly or indirectly, a false statement on an application, account or65-35
other statement required by65-36
the taxicab authority or who violates any of the provisions of NRS65-37
706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act,65-38
and section 1 of Assembly Bill No. 677 of this session is guilty of a65-39
misdemeanor.65-40
2.65-41
good cause shown and upon at least 5 days’ notice to the grantee of any65-42
certificate or driver’s permit, and after a hearing unless waived by the65-43
grantee, penalize the grantee of a certificate to a maximum amount of66-1
$15,000 or penalize the grantee of a driver’s permit to a maximum amount66-2
of $500 or suspend or revoke the certificate or driver’s permit66-3
66-4
(a) Any violation of any provision of NRS 706.881 to 706.885,66-5
inclusive, and sections 12 to 21, inclusive, of this act, and section 1 of66-6
Assembly Bill No. 677 of this session, or any regulation of the taxicab66-7
authority or administrator.66-8
(b) Knowingly permitting or requiring any employee to violate any66-9
provision of NRS 706.881 to 706.885, inclusive, and sections 12 to 21,66-10
inclusive, of this act, and section 1 of Assembly Bill No. 677 of this66-11
session, or any regulation of the taxicab authority or administrator.66-12
If a penalty is imposed on the grantee of a certificate pursuant to this66-13
section, the taxicab authority66-14
pay the costs of the proceeding, including investigative costs and attorney’s66-15
fees.66-16
3. When a driver or certificate holder fails to appear at the time and66-17
place stated in the notice for the hearing, the66-18
authority shall enter a finding of default. Upon a finding of default, the66-19
66-20
or certificate of the person who failed to appear and impose the penalties66-21
provided in this chapter. For good cause shown, the66-22
authority may set aside a finding of default and proceed with the hearing.66-23
4. Any person who operates or permits a taxicab or limousine to be66-24
operated in passenger service without a certificate of public convenience66-25
and necessity issued pursuant to NRS 706.8827, is guilty of a gross66-26
misdemeanor. If a law enforcement officer witnesses a violation of this66-27
subsection, he may cause the vehicle to be towed immediately from the66-28
scene.66-29
5. The conviction of a person pursuant to subsection 1 does not bar the66-30
taxicab authority66-31
certificate, permit or license of the person convicted. The imposition of a66-32
fine or suspension or revocation of any certificate, permit or license by the66-33
taxicab authority66-34
proceeding brought under subsection 1.66-35
Sec. 136. NRS 232.510 is hereby amended to read as follows: 232.510 1. The department of business and industry is hereby66-37
created.66-38
2. The department consists of a director and the following:66-39
(a) Consumer affairs division.66-40
(b) Division of financial institutions.66-41
(c) Housing division.66-42
(d) Manufactured housing division.66-43
(e) Real estate division.67-1
(f) Division of unclaimed property.67-2
(g) Division of insurance.67-3
(h) Division of industrial relations.67-4
(i) Office of labor commissioner.67-5
(j) Taxicab authority67-6
northern Nevada.67-7
(k) Nevada athletic commission.67-8
(l) Office of the Nevada attorney for injured workers.67-9
(m) Transportation services authority.67-10
(n) Any other office, commission, board, agency or entity created or67-11
placed within the department pursuant to a specific statute, the budget67-12
approved by the legislature or an executive order, or an entity whose67-13
budget or activities have been placed within the control of the department67-14
by a specific statute.67-15
Sec. 137. NRS 232.520 is hereby amended to read as follows: 232.520 The director:67-17
1. Shall appoint a chief or executive director, or both of them, of each67-18
of the divisions, offices, commissions, boards, agencies or other entities of67-19
the department, unless the authority to appoint such a chief or executive67-20
director, or both of them, is expressly vested in another person, board or67-21
commission by a specific statute. In making the appointments, the director67-22
may obtain lists of qualified persons from professional organizations,67-23
associations or other groups recognized by the department, if any. The67-24
chief of the consumer affairs division is the commissioner of consumer67-25
affairs, the chief of the division of financial institutions is the commissioner67-26
of financial institutions, the chief of the housing division is the67-27
administrator of the housing division, the chief of the manufactured housing67-28
division is the administrator of the manufactured housing division, the chief67-29
of the real estate division is the real estate administrator, the chief of the67-30
division of unclaimed property is the administrator of unclaimed property,67-31
the chief of the division of insurance is the commissioner of insurance, the67-32
chief of the division of industrial relations is the administrator of the67-33
division of industrial relations, the chief of the office of labor commissioner67-34
is the labor commissioner, the chief of the taxicab authority for southern67-35
Nevada is the taxicab administrator, the chief of the taxicab authority for67-36
northern Nevada is the taxicab administrator, the chief of the67-37
transportation services authority is the67-38
authority and the chief of any other entity of the department has the title67-39
specified by the director, unless a different title is specified by a specific67-40
statute.67-41
2. Is responsible for the administration of all provisions of law relating67-42
to the jurisdiction, duties and functions of all divisions and other entities67-43
within the department. The director may, if he deems it necessary to carry68-1
out his administrative responsibilities, be considered as a member of the68-2
staff of any division or other entity of the department for the purpose of68-3
budget administration or for carrying out any duty or exercising any power68-4
necessary to fulfill the responsibilities of the director pursuant to this68-5
subsection. The provisions of this subsection do not authorize the director68-6
to preempt any authority or jurisdiction granted by statute to any division or68-7
other entity within the department or authorize the director to act or take on68-8
a function that would contravene a rule of court or a statute.68-9
3. May:68-10
(a) Establish uniform policies for the department, consistent with the68-11
policies and statutory responsibilities and duties of the divisions and other68-12
entities within the department, relating to matters concerning budgeting,68-13
accounting, planning, program development, personnel, information68-14
services, dispute resolution, travel, workplace safety, the acceptance of gifts68-15
or donations, the management of records and any other subject for which a68-16
uniform departmental policy is necessary to ensure the efficient operation68-17
of the department.68-18
(b) Provide coordination among the divisions and other entities within68-19
the department, in a manner which does not encroach upon their statutory68-20
powers and duties, as they adopt and enforce regulations, execute68-21
agreements, purchase goods, services or equipment, prepare legislative68-22
requests and lease or use office space.68-23
(c) Define the responsibilities of any person designated to carry out the68-24
duties of the director relating to financing, industrial development or68-25
business support services.68-26
4. May, within the limits of the financial resources made available to68-27
him, promote, participate in the operation of, and create or cause to be68-28
created, any nonprofit corporation, pursuant to chapter 82 of NRS, which68-29
he determines is necessary or convenient for the exercise of the powers and68-30
duties of the department. The purposes, powers and operation of the68-31
corporation must be consistent with the purposes, powers and duties of the68-32
department.68-33
5. For any bonds which he is otherwise authorized to issue, may issue68-34
bonds the interest on which is not exempt from federal income tax or68-35
excluded from gross revenue for the purposes of federal income tax.68-36
6. May, except as otherwise provided by specific statute, adopt by68-37
regulation a schedule of fees and deposits to be charged in connection with68-38
the programs administered by him pursuant to chapters 348A and 349 of68-39
NRS. Except as otherwise provided, the amount of any such fee or deposit68-40
must not exceed 2 percent of the principal amount of the financing.68-41
7. May designate any person within the department to perform any of68-42
the duties or responsibilities, or exercise any of the authority, of the68-43
director on his behalf.69-1
8. May negotiate and execute agreements with public or private entities69-2
which are necessary to the exercise of the powers and duties of the director69-3
or the department.69-4
9. May establish a trust account in the state treasury for depositing and69-5
accounting for money that is held in escrow or is on deposit with the69-6
department for the payment of any direct expenses incurred by the director69-7
in connection with any bond programs administered by the director. The69-8
interest and income earned on money in the trust account, less any amount69-9
deducted to pay for applicable charges, must be credited to the trust69-10
account. Any balance remaining in the account at the end of a fiscal year69-11
may be:69-12
(a) Carried forward to the next fiscal year for use in covering the69-13
expense for which it was originally received; or69-14
(b) Returned to any person entitled thereto in accordance with69-15
agreements or regulations of the director relating to those bond programs.69-16
Sec. 138. NRS 268.097 is hereby amended to read as follows: 268.097 1. Except as otherwise provided in subsections 2 and 3, and69-18
sections 20 and 21 of this act, notwithstanding the provisions of any local,69-19
special or general law, after July 1, 1963, the governing body of any69-20
incorporated city in this state, whether incorporated by general or special69-21
act, or otherwise, may not supervise or regulate any taxicab motor carrier as69-22
defined in NRS 706.126 which is under the supervision and regulation of69-23
69-24
2. The governing body of any incorporated city in this state, whether69-25
incorporated by general or special act, or otherwise, may fix, impose and69-26
collect a license tax on and from a taxicab motor carrier for revenue69-27
purposes only.69-28
3. The governing body of any incorporated city in any county in which69-29
the provisions of NRS69-30
sections 12 to 21, inclusive, of this act do not apply, whether incorporated69-31
by general or special act, or otherwise, may regulate by ordinance the69-32
qualifications required of employees or lessees of a taxicab motor carrier in69-33
a manner consistent with the regulations adopted by the transportation69-34
services authority.69-35
Sec. 139. NRS 289.320 is hereby amended to read as follows: 289.320 An employee of the transportation services authority whom it69-37
designates as an inspector or as manager of transportation is a peace officer69-38
and has police power for the enforcement of the provisions of:69-39
1.69-40
the transportation services authority or the department of motor vehicles69-41
and public safety pertaining thereto; and70-1
2. Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to70-2
483.620, inclusive, for the purposes of carrying out the provisions of70-3
chapter 706 of NRS.70-4
Sec. 140. NRS 362.120 is hereby amended to read as follows: 362.120 1. The department shall, from the statement and from all70-6
obtainable data, evidence and reports, compute in dollars and cents the70-7
gross yield and net proceeds of the period covered by the statement.70-8
2. The gross yield must include the value of any mineral extracted70-9
which was:70-10
(a) Sold;70-11
(b) Exchanged for any thing or service;70-12
(c) Removed from the state in a form ready for use or sale; or70-13
(d) Used in a manufacturing process or in providing a service,70-14
during the period covered by the statement.70-15
3. The net proceeds are ascertained and determined by subtracting70-16
from the gross yield the following deductions for costs incurred during that70-17
period, and none other:70-18
(a) The actual cost of extracting the mineral.70-19
(b) The actual cost of transporting the mineral to the place or places of70-20
reduction, refining and sale.70-21
(c) The actual cost of reduction, refining and sale.70-22
(d) The actual cost of marketing and delivering the mineral and the70-23
conversion of the mineral into money.70-24
(e) The actual cost of maintenance and repairs of:70-25
(1) All machinery, equipment, apparatus and facilities used in the70-26
mine.70-27
(2) All milling, refining, smelting and reduction works, plants and70-28
facilities.70-29
(3) All facilities and equipment for transportation except those that70-30
are under the jurisdiction of the public utilities commission of Nevada .70-31
70-32
(f) The actual cost of fire insurance on the machinery, equipment,70-33
apparatus, works, plants and facilities70-34
(e).70-35
(g) Depreciation of the original capitalized cost of the machinery,70-36
equipment, apparatus, works, plants and facilities70-37
paragraph (e). The annual depreciation charge consists of amortization of70-38
the original cost in a manner prescribed by regulation of the Nevada tax70-39
commission. The probable life of the property represented by the original70-40
cost must be considered in computing the depreciation charge.70-41
(h) All money expended for premiums for industrial insurance, and the70-42
actual cost of hospital and medical attention and accident benefits and70-43
group insurance for all employees.71-1
(i) All money paid as contributions or payments under the71-2
unemployment compensation law of the State of Nevada, as contained in71-3
chapter 612 of NRS, all money paid as contributions under the Social71-4
Security Act of the Federal Government, and all money paid to either the71-5
State of Nevada or the Federal Government under any amendment to either71-6
or both of the statutes71-7
(j) The actual cost of developmental work in or about the mine or upon71-8
a group of mines when operated as a unit.71-9
(k) All money paid as royalties by a lessee or sublessee of a mine or71-10
well, or by both, in determining the net proceeds of the lessee or sublessee,71-11
or both.71-12
4. Royalties deducted by a lessee or sublessee constitute part of the net71-13
proceeds of the minerals extracted, upon which a tax must be levied against71-14
the person to whom the royalty has been paid.71-15
5. Every person acquiring property in the State of Nevada to engage in71-16
the extraction of minerals and who incurs any of the expenses71-17
set forth in subsection 3 shall report those expenses and the recipient of any71-18
royalty to the department on forms provided by the department.71-19
6. The several deductions71-20
include any expenditures for salaries, or any portion of salaries, of any71-21
person not actually engaged in:71-22
(a) The working of the mine;71-23
(b) The operating of the mill, smelter or reduction works;71-24
(c) The operating of the facilities or equipment for transportation;71-25
(d) Superintending the management of any of those operations; or71-26
(e) The State of Nevada, in office, clerical or engineering work71-27
necessary or proper in connection with any of those operations.71-28
Sec. 141. NRS 373.117 is hereby amended to read as follows: 373.117 1. A regional transportation commission, a county whose71-30
population is less than 100,000 or an incorporated city within such a county71-31
may establish or operate a public transit system consisting of:71-32
(a) Regular routes and fixed schedules to serve the public;71-33
(b) Nonemergency medical transportation of persons to facilitate their71-34
use of a center as defined in NRS 435.170, if the transportation is available71-35
upon request and without regard to regular routes or fixed schedules;71-36
(c) Nonmedical transportation of disabled persons without regard to71-37
regular routes or fixed schedules; or71-38
(d) In a county whose population is less than 100,000 or an incorporated71-39
city within such a county, nonmedical transportation of persons if the71-40
transportation is available by reservation 1 day in advance of the71-41
transportation and without regard to regular routes or fixed schedules.72-1
2. A regional transportation commission may lease vehicles to or from72-2
or enter into other contracts with a private operator for the provision of72-3
such a system.72-4
3. In a county whose population is less than 400,000, such a system72-5
may also provide service which includes:72-6
(a) Minor deviations from the regular routes and fixed schedules72-7
required by paragraph (a) of subsection 1 on a recurring basis to serve the72-8
public transportation needs of passengers. The deviations must not exceed72-9
one-half mile from the regular routes.72-10
(b) The transporting of persons other than those specified in paragraph72-11
(b), (c) or (d) of subsection 1 upon request without regard to regular routes72-12
or fixed schedules, if the service is provided by a common motor carrier .72-13
72-14
72-15
72-16
72-17
4. Notwithstanding the provisions of chapter 332 of NRS or NRS72-18
625.530, a regional transportation commission may utilize a turnkey72-19
procurement process to select a person to design, build, operate and72-20
maintain, or any combination thereof, a fixed guideway system, including,72-21
without limitation, any minimum operable segment thereof. The72-22
commission shall determine whether to utilize turnkey procurement for a72-23
fixed guideway project before the completion of the preliminary72-24
engineering phase of the project. In making that determination, the72-25
commission shall evaluate whether turnkey procurement is the most cost72-26
effective method of constructing the project on schedule and in satisfaction72-27
of its transportation objectives.72-28
5. Notwithstanding the provisions of chapter 332 of NRS, a regional72-29
transportation commission may utilize a competitive negotiation72-30
procurement process to procure rolling stock for a fixed guideway project.72-31
The award of a contract under such a process must be made to the person72-32
whose proposal is determined to be the most advantageous to the72-33
commission, based on price and other factors specified in the procurement72-34
documents.72-35
6. If a commission develops a fixed guideway project, the department72-36
of transportation is hereby designated to serve as the oversight agency to72-37
ensure compliance with the federal safety regulations for rail fixed72-38
guideway systems set forth in 49 C.F.R. Part 659.72-39
7. As used in this section:72-40
(a)72-41
72-42
73-1
73-2
73-3
73-4
guideway system that is technically capable of providing viable public73-5
transportation between two end points.73-6
73-7
rails or any other means of conveyance, by whatever type of power,73-8
operated for public use in the conveyance of persons.73-9
73-10
process by which a person is selected by a regional transportation73-11
commission, based on evaluation criteria established by the commission, to73-12
design, build, operate and maintain, or any combination thereof, a fixed73-13
guideway system, or a portion thereof, in accordance with performance73-14
criteria and technical specifications established by the commission.73-15
Sec. 142. NRS 377A.140 is hereby amended to read as follows: 377A.14073-17
public transit system in a county whose population is 400,000 or more may,73-18
in addition to providing local transportation within the county and the73-19
services described in NRS 377A.130, provide:73-20
73-21
73-22
requested by the general public,73-23
if those additional services are included and described in a long-range plan73-24
adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.73-25
73-26
73-27
73-28
73-29
73-30
73-31
73-32
73-33
73-34
73-35
73-36
73-37
73-38
73-39
73-40
73-41
73-42
74-1
Sec. 143. NRS 392.330 is hereby amended to read as follows: 392.330 1. In addition to the purposes authorized by NRS 392.320, a74-3
board of trustees may use transportation74-4
district for:74-5
(a) Arranging and paying for transportation, in accordance with74-6
subsection 2, by motor vehicles or otherwise, by contract or such other74-7
arrangement as the board of trustees finds most economical, expedient and74-8
feasible and for the best interests of the school district.74-9
(b) Purchasing tickets at reduced rates for the transportation of pupils,74-10
including, without limitation, homeless pupils, on public buses for use by74-11
pupils enrolled in middle school, junior high school and high school to74-12
travel to and from school.74-13
2. Transportation may be arranged and contracted for by a board of74-14
trustees with:74-15
(a) Any railroad company holding a certificate of public convenience74-16
and necessity issued by the public utilities commission of Nevada74-17
bus company or other74-18
74-19
74-20
(b) The owners and operators of private automobiles or other private74-21
motor vehicles, including parents of pupils who attend school and are74-22
entitled to transportation. When required by the board of trustees, every74-23
such private automobile or other private motor vehicle regularly74-24
transporting pupils must be insured in the amount required by regulation of74-25
the state board against the loss and damage described in subsection 2 of74-26
NRS 392.320.74-27
Sec. 144. NRS 427A.070 is hereby amended to read as follows: 427A.070 1. The administrator shall:74-29
(a) Subject to the approval of the director, adopt rules and regulations:74-30
(1) Necessary to carry out the purposes of this chapter; and74-31
(2) Establishing a program to subsidize the transportation by taxicab74-32
of the elderly and the permanently handicapped from money received74-33
pursuant to subsection74-34
(b) Establish appropriate administrative units within the division;74-35
(c) Appoint such personnel and prescribe their duties as he deems74-36
necessary for the proper and efficient performance of the functions of the74-37
division;74-38
(d) Prepare and submit to the governor, through the director before74-39
September 1 of each even-numbered year for the biennium ending June 3074-40
of such year, reports of activities and expenditures and estimates of sums74-41
required to carry out the purposes of this chapter;74-42
(e) Make certification for disbursement of funds available for carrying74-43
out the purposes of this chapter; and75-1
(f) Take such other action as may be necessary or appropriate for75-2
cooperation with public and private agencies and otherwise to carry out the75-3
purposes of this chapter.75-4
2. The administrator may delegate to any officer or employee of the75-5
division such of his powers and duties as he finds necessary to carry out the75-6
purposes of this chapter.75-7
Sec. 145. NRS 481.053 is hereby amended to read as follows: 481.053 1. The governor shall appoint the peace officers’ standards75-9
and training committee.75-10
2. The committee consists of seven members, one appointed from75-11
Clark County, one from Washoe County, three from any other counties, one75-12
from category II peace officers and one from category III peace officers.75-13
Members serve terms of 2 years75-14
Members serve without compensation but are entitled to the per diem75-15
allowance and travel expenses provided by law for state officers and75-16
employees generally.75-17
3. The governor shall make the appointments from recommendations75-18
submitted by Clark County, Washoe County, professional organizations of75-19
sheriffs and police chiefs of this state, category II peace officers and75-20
category III peace officers.75-21
4. The committee shall:75-22
(a) Meet at the call of the chairman, who must be elected by the75-23
members of the committee.75-24
(b) Provide for and encourage the training and education of peace75-25
officers in order to improve the system of criminal justice.75-26
(c) Adopt regulations establishing minimum standards for the75-27
certification and decertification, recruitment, selection and training of peace75-28
officers.75-29
(d) Make necessary inquiries to determine whether agencies of the state75-30
and of local governments are complying with standards set forth in its75-31
regulations.75-32
(e) Carry out the duties required of the committee pursuant to NRS75-33
432B.610 and 432B.620.75-34
5. Regulations adopted by the committee:75-35
(a) Apply to all agencies of the state and of local governments which75-36
employ persons as peace officers;75-37
(b) Must require that all peace officers receive training in the handling75-38
of cases involving abuse or neglect of children or missing children; and75-39
(c) May require that training be carried on at institutions which it75-40
approves in those regulations.75-41
6. The director may adopt regulations necessary for the operation of75-42
the committee and the enforcement of laws administered by the committee.75-43
7. As used in this section:76-1
(a) "Category II peace officer" means:76-2
(1) The bailiff of the supreme court;76-3
(2) The bailiffs of the district courts, justices’ courts and municipal76-4
courts whose duties require them to carry weapons and make arrests;76-5
(3) Constables and their deputies whose official duties require them to76-6
carry weapons and make arrests;76-7
(4) Inspectors employed by the transportation services authority who76-8
exercise those powers of enforcement conferred by76-9
chapter 706 of NRS;76-10
(5) Parole and probation officers;76-11
(6) Special investigators who are employed full time by the office of76-12
any district attorney or the attorney general;76-13
(7) Investigators of arson for fire departments who are specially76-14
designated by the appointing authority;76-15
(8) The assistant and deputies of the state fire marshal;76-16
(9) The brand inspectors of the division of agriculture of the76-17
department of business and industry who exercise the powers of76-18
enforcement conferred in chapter 565 of NRS;76-19
(10) Investigators for the state forester firewarden who are specially76-20
designated by him and whose primary duties are the investigation of arson;76-21
(11) School police officers employed by the board of trustees of any76-22
county school district;76-23
(12) Agents of the state gaming control board who exercise the76-24
powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,76-25
except those agents whose duties relate primarily to auditing, accounting,76-26
the collection of taxes or license fees, or the investigation of applicants for76-27
licenses;76-28
(13) Investigators and administrators of the bureau of enforcement of76-29
the registration division of the department of motor vehicles and public76-30
safety who perform the duties specified in subsection 3 of NRS 481.048;76-31
(14) Officers and investigators of the section for the control of76-32
emissions from vehicles of the registration division of the department of76-33
motor vehicles and public safety who perform the duties specified in76-34
subsection 3 of NRS 481.0481;76-35
(15) Legislative police officers of the State of Nevada;76-36
(16) The personnel of the capitol police division of the department of76-37
motor vehicles and public safety appointed pursuant to subsection 2 of76-38
NRS 331.140;76-39
(17) Parole counselors of the division of child and family services of76-40
the department of human resources;76-41
(18) Juvenile probation officers and deputy juvenile probation76-42
officers employed by the various judicial districts in the State of Nevada or76-43
by a department of family, youth and juvenile services established pursuant77-1
to NRS 62.1264 whose official duties require them to enforce court orders77-2
on juvenile offenders and make arrests;77-3
(19) Field investigators of77-4
(20) Security officers employed full time by a city or county whose77-5
official duties require them to carry weapons and make arrests;77-6
(21) The chief of a department of alternative sentencing created77-7
pursuant to NRS 211A.080 and the assistant alternative sentencing officers77-8
employed by that department; and77-9
(22) Criminal investigators who are employed by the secretary of77-10
state.77-11
(b) "Category III peace officer" means peace officers whose authority is77-12
limited to correctional services, and includes the superintendents and77-13
correctional officers of the department of prisons.77-14
Sec. 146. NRS 482.3963 is hereby amended to read as follows: 482.3963 1. An owner of a vehicle who leases it to a carrier and77-16
operates the vehicle pursuant to that lease may apply to the department for77-17
a temporary permit to operate the vehicle if the vehicle:77-18
(a) Is not subject to the provisions of NRS 482.390 and 482.395;77-19
(b) Is not currently registered in this state, another state or a foreign77-20
country; and77-21
(c) Is operated at the vehicle’s unladen weight.77-22
2. The department shall charge $10 for such a temporary permit, in77-23
addition to all other applicable fees and taxes.77-24
3. Such a temporary permit must:77-25
(a) Bear the date of its expiration;77-26
(b) Expire at 5 p.m. on the 15th day after its date of issuance;77-27
(c) Be affixed to the vehicle in a manner prescribed by the department;77-28
and77-29
(d) Be removed and destroyed upon its expiration or upon the issuance77-30
of a certificate of registration for the vehicle, whichever occurs first.77-31
4. As used in this section, "carrier" means a common motor carrier of77-32
passengers as defined in NRS 706.041, a common motor carrier of property77-33
as defined in NRS 706.046, a contract motor carrier as defined in NRS77-34
706.051,77-35
77-36
motor carrier as defined in section 5 of this act.77-37
Sec. 147. NRS 483.160 is hereby amended to read as follows: 483.160 1. "School bus" means every motor vehicle owned by or77-39
under the control of a public or governmental agency or a private school77-40
and regularly operated for the transportation of children to or from school77-41
or a school activity or privately owned and regularly operated for77-42
compensation for the transportation of children to or from school or a77-43
school activity.78-1
2. "School bus" does not include a passenger car operated under a78-2
contract to transport children to and from school, a common carrier or78-3
commercial vehicle under the jurisdiction of the Surface Transportation78-4
Board78-5
operated in the regular conduct of its business in interstate or intrastate78-6
commerce within the State of Nevada.78-7
Sec. 148. NRS 484.148 is hereby amended to read as follows: 484.148 1. "School bus" means every motor vehicle owned by or78-9
under the control of a public or governmental agency or a private school78-10
and regularly operated for the transportation of children to or from school78-11
or a school activity or privately owned and regularly operated for78-12
compensation for the transportation of children to or from school or a78-13
school activity.78-14
2. "School bus" does not include a passenger car operated under a78-15
contract to transport children to and from school, a common carrier or78-16
commercial vehicle under the jurisdiction of the Surface Transportation78-17
Board78-18
operated in the regular conduct of its business in interstate or intrastate78-19
commerce within the State of Nevada.78-20
Sec. 149. NRS 487.038 is hereby amended to read as follows: 487.038 1. Except as otherwise provided in subsections 3 and 4, the78-22
owner or person in lawful possession of any real property may, after giving78-23
notice pursuant to subsection 2, utilize the services of any78-24
operator of a tow car subject to the jurisdiction of the transportation78-25
services authority to remove any vehicle parked in an unauthorized manner78-26
on that property to the nearest public garage or storage yard if:78-27
(a) A sign is displayed in plain view on the property declaring public78-28
parking to be prohibited or restricted in a certain manner; and78-29
(b) The sign shows the telephone number of the police department or78-30
sheriff’s office.78-31
2. Oral notice must be given to the police department or sheriff’s78-32
office, whichever is appropriate, indicating:78-33
(a) The time the vehicle was removed;78-34
(b) The location from which the vehicle was removed; and78-35
(c) The location to which the vehicle was taken.78-36
3. Any vehicle which is parked in a space designated for the78-37
handicapped and is not properly marked for such parking may be removed78-38
if notice is given to the police department or sheriff’s office pursuant to78-39
subsection 2, whether or not a sign is displayed pursuant to subsection 1.78-40
4. The owner or person in lawful possession of residential real property78-41
upon which a single-family dwelling is located may, after giving notice78-42
pursuant to subsection 2, utilize the services of any78-43
tow car subject to the jurisdiction of the transportation services authority to79-1
remove any vehicle parked in an unauthorized manner on that property to79-2
the nearest public garage or storage yard, whether or not a sign is displayed79-3
pursuant to subsection 1.79-4
5. All costs incurred, under the provisions of this section, for towing79-5
and storage must be borne by the owner of the vehicle, as that term is79-6
defined in NRS 484.091.79-7
6. The provisions of this section do not limit or affect any rights or79-8
remedies which the owner or person in lawful possession of real property79-9
may have by virtue of other provisions of the law authorizing the removal79-10
of a vehicle parked on that property.79-11
Sec. 150. NRS 565.040 is hereby amended to read as follows: 565.040 1. The director may declare any part of this state a brand79-13
inspection district.79-14
2. After the creation of any brand inspection district as authorized by79-15
this chapter all animals within any such district are subject to brand79-16
inspection in accordance with the provisions of this chapter before:79-17
(a) Consignment for slaughter within any district;79-18
(b) Any transfer of ownership by sale or otherwise; or79-19
(c) Removal from the district if the removal is not authorized pursuant79-20
to a livestock movement permit issued by the department.79-21
3. If a brand inspection district is created by the department pursuant to79-22
the provisions of this chapter, the director shall adopt regulations defining79-23
the boundaries of the district and the fees to be collected for brand79-24
inspection and prescribing such other methods of procedure not79-25
inconsistent with the provisions of this chapter as he considers necessary.79-26
4. Any regulations adopted pursuant to the provisions of this section79-27
must be published at least twice in a newspaper having a general circulation79-28
in the brand inspection district created by the regulations .79-29
79-30
79-31
Such publication and notification constitutes legal notice of the creation of79-32
the brand inspection district. The expense of advertising and notification79-33
must be paid from the livestock inspection account.79-34
Sec. 151. NRS 599B.010 is hereby amended to read as follows: 599B.010 As used in this chapter, unless the context otherwise79-36
requires:79-37
1. "Chance promotion" means any plan in which premiums are79-38
distributed by random or chance selection.79-39
2. "Commissioner" means the commissioner of consumer affairs.79-40
3. "Consumer" means a person who is solicited by a seller or salesman.79-41
4. "Division" means the consumer affairs division of the department of79-42
business and industry.80-1
5. "Donation" means a promise, grant or pledge of money, credit,80-2
property, financial assistance or other thing of value given in response to a80-3
solicitation by telephone, including, but not limited to, a payment or80-4
promise to pay in consideration for a performance, event or sale of goods80-5
or services. The term does not include volunteer services, government80-6
grants or contracts or a payment by members of any organization of80-7
membership fees, dues, fines or assessments or for services rendered by the80-8
organization to those persons, if:80-9
(a) The fees, dues, fines, assessments or services confer a bona fide80-10
right, privilege, professional standing, honor or other direct benefit upon80-11
the member; and80-12
(b) Membership in the organization is not conferred solely in80-13
consideration for making a donation in response to a solicitation.80-14
6. "Goods or services" means any property, tangible or intangible, real,80-15
personal or mixed, and any other article, commodity or thing of value.80-16
7. "Premium" includes any prize, bonus, award, gift or any other80-17
similar inducement or incentive to purchase.80-18
8. "Recovery service" means a business or other practice whereby a80-19
person represents or implies that he will, for a fee, recover any amount of80-20
money that a consumer has provided to a seller or salesman pursuant to a80-21
solicitation governed by the provisions of this chapter.80-22
9. "Salesman" means any person:80-23
(a) Employed or authorized by a seller to sell, or to attempt to sell,80-24
goods or services by telephone;80-25
(b) Retained by a seller to provide consulting services relating to the80-26
management or operation of the seller’s business; or80-27
(c) Who communicates on behalf of a seller with a consumer:80-28
(1) In the course of a solicitation by telephone; or80-29
(2) For the purpose of verifying, changing or confirming an order,80-30
except that a person is not a salesman if his only function is to identify a80-31
consumer by name only and he immediately refers the consumer to a80-32
salesman.80-33
10. Except as otherwise provided in subsection 11, "seller" means any80-34
person who, on his own behalf, causes or attempts to cause a solicitation by80-35
telephone to be made through the use of one or more salesmen or any80-36
automated dialing announcing device under any of the following80-37
circumstances:80-38
(a) The person initiates contact by telephone with a consumer and80-39
represents or implies:80-40
(1) That a consumer who buys one or more goods or services will80-41
receive additional goods or services, whether or not of the same type as80-42
purchased, without further cost, except for actual postage or common80-43
carrier charges;81-1
(2) That a consumer will or has a chance or opportunity to receive a81-2
premium;81-3
(3) That the items for sale are gold, silver or other precious metals,81-4
diamonds, rubies, sapphires or other precious stones, or any interest in oil,81-5
gas or mineral fields, wells or exploration sites or any other investment81-6
opportunity;81-7
(4) That the product offered for sale is information or opinions81-8
relating to sporting events;81-9
(5) That the product offered for sale is the services of a recovery81-10
service; or81-11
(6) That the consumer will receive a premium , or goods or services if81-12
he makes a donation;81-13
(b) The solicitation by telephone is made by the person in response to81-14
inquiries from a consumer generated by a notification or communication81-15
sent or delivered to the consumer that represents or implies:81-16
(1) That the consumer has been in any manner specially selected to81-17
receive the notification or communication or the offer contained in the81-18
notification or communication;81-19
(2) That the consumer will receive a premium if the recipient calls the81-20
person;81-21
(3) That if the consumer buys one or more goods or services from the81-22
person, the consumer will also receive additional or other goods or81-23
services, whether or not the same type as purchased, without further cost or81-24
at a cost that the person represents or implies is less than the regular price81-25
of the goods or services;81-26
(4) That the product offered for sale is the services of a recovery81-27
service; or81-28
(5) That the consumer will receive a premium or goods or services if81-29
he makes a donation; or81-30
(c) The solicitation by telephone is made by the person in response to81-31
inquiries generated by advertisements that represent or imply that the81-32
person is offering to sell any:81-33
(1) Gold, silver or other metals, including coins, diamonds, rubies,81-34
sapphires or other stones, coal or other minerals or any interest in oil, gas81-35
or other mineral fields, wells or exploration sites, or any other investment81-36
opportunity;81-37
(2) Information or opinions relating to sporting events; or81-38
(3) Services of a recovery service.81-39
11. "Seller" does not include:81-40
(a) A person licensed pursuant to chapter 90 of NRS when soliciting81-41
offers, sales or purchases within the scope of his license.81-42
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or81-43
696A of NRS when soliciting sales within the scope of his license.82-1
(c) A person licensed as an insurance broker, agent or solicitor when82-2
soliciting sales within the scope of his license.82-3
(d) Any solicitation of sales made by the publisher of a newspaper or82-4
magazine or by an agent of the publisher pursuant to a written agreement82-5
between the agent and publisher.82-6
(e) A broadcaster soliciting sales who is licensed by any state or federal82-7
authority, if the solicitation is within the scope of the broadcaster’s license.82-8
(f) A person who solicits a donation from a consumer when:82-9
(1) The person represents or implies that the consumer will receive a82-10
premium or goods or services with an aggregated fair market value of 282-11
percent of the donation or $50, whichever is less; or82-12
(2) The consumer provides a donation of $50 or less in response to82-13
the solicitation.82-14
(g) A charitable organization which is registered or approved to conduct82-15
a lottery pursuant to chapter 462 of NRS.82-16
(h) A public utility82-17
carrier which is regulated pursuant to chapter 704 or 706 of NRS, or82-18
an affiliate of such a utility or82-19
the scope of its certificate or82-20
(i) A utility which is regulated pursuant to chapter 710 of NRS, or82-21
an affiliate of such a utility.82-22
(j) A person soliciting the sale of books, recordings, video cassettes,82-23
software for computer systems or similar items through:82-24
(1) An organization whose method of sales is governed by the82-25
provisions of Part 425 of Title 16 of the Code of Federal Regulations82-26
relating to the use of negative option plans by sellers in commerce;82-27
(2) The use of continuity plans, subscription arrangements,82-28
arrangements for standing orders, supplements, and series arrangements82-29
pursuant to which the person periodically ships merchandise to a consumer82-30
who has consented in advance to receive the merchandise on a periodic82-31
basis and has the opportunity to review the merchandise for at least 10 days82-32
and return it for a full refund within 30 days after it is received; or82-33
(3) An arrangement pursuant to which the person ships merchandise82-34
to a consumer who has consented in advance to receive the merchandise82-35
and has the opportunity to review the merchandise for at least 10 days and82-36
return it for a full refund within 30 days after it is received.82-37
(k) A person who solicits sales by periodically publishing and delivering82-38
a catalog to consumers if the catalog:82-39
(1) Contains a written description or illustration of each item offered82-40
for sale and the price of each item;82-41
(2) Includes the business address of the person;82-42
(3) Includes at least 24 pages of written material and illustrations;82-43
(4) Is distributed in more than one state; and83-1
(5) Has an annual circulation by mailing of not less than 250,000.83-2
(l) A person soliciting without the intent to complete and who does not83-3
complete, the sales transaction by telephone but completes the sales83-4
transaction at a later face-to-face meeting between the solicitor and the83-5
consumer, if the person, after soliciting a sale by telephone, does not cause83-6
another person to collect the payment from or deliver any goods or services83-7
purchased to the consumer.83-8
(m) Any commercial bank, bank holding company, subsidiary or83-9
affiliate of a bank holding company, trust company, savings and loan83-10
association, credit union, industrial loan company, personal property83-11
broker, consumer finance lender, commercial finance lender, or insurer83-12
subject to regulation by an official or agency of this state or of the United83-13
States, if the solicitation is within the scope of the certificate or license held83-14
by the entity.83-15
(n) A person holding a certificate of authority issued pursuant to chapter83-16
452 of NRS when soliciting sales within the scope of the certificate.83-17
(o) A person licensed pursuant to chapter 689 of NRS when soliciting83-18
sales within the scope of his license.83-19
(p) A person soliciting the sale of services provided by a community83-20
antenna television company subject to regulation pursuant to chapter 711 of83-21
NRS.83-22
(q) A person soliciting the sale of agricultural products, if the83-23
solicitation is not intended to and does not result in a sale of more than83-24
$100 that is to be delivered to one address. As used in this paragraph,83-25
"agricultural products" has the meaning ascribed to it in NRS 587.290.83-26
(r) A person who has been operating, for at least 2 years, a retail83-27
business establishment under the same name as that used in connection with83-28
the solicitation of sales by telephone if, on a continuing basis:83-29
(1) Goods are displayed and offered for sale or services are offered83-30
for sale and provided at the person’s business establishment; and83-31
(2) At least 50 percent of the person’s business involves the buyer83-32
obtaining such goods or services at the person’s business establishment.83-33
(s) A person soliciting only the sale of telephone answering services to83-34
be provided by the person or his employer.83-35
(t) A person soliciting a transaction regulated by the Commodity Futures83-36
Trading Commission, if:83-37
(1) The person is registered with or temporarily licensed by the83-38
Commission to conduct that activity pursuant to the Commodity Exchange83-39
Act ,83-40
(2) The registration or license has not expired or been suspended or83-41
revoked.83-42
(u) A person who contracts for the maintenance or repair of goods83-43
previously purchased from the person:84-1
(1) Making the solicitation; or84-2
(2) On whose behalf the solicitation is made.84-3
(v) A person to whom a license to operate an information service or a84-4
nonrestricted gaming license, which is current and valid, has been issued84-5
pursuant to chapter 463 of NRS when soliciting sales within the scope of84-6
his license.84-7
(w) A person who solicits a previous customer of the business on whose84-8
behalf the call is made if the person making the call:84-9
(1) Does not offer the customer any premium in connection with the84-10
sale;84-11
(2) Is not selling an investment or an opportunity for an investment84-12
that is not registered with any state or federal authority; and84-13
(3) Is not regularly engaged in telephone sales.84-14
(x) A person who solicits the sale of livestock.84-15
(y) An issuer which has a class of securities that is listed on the New84-16
York Stock Exchange, the American Stock Exchange or the National84-17
Market System of the National Association of Securities Dealers84-18
Automated Quotation System.84-19
(z) A subsidiary of an issuer that qualifies for exemption pursuant to84-20
paragraph (y) if at least 60 percent of the voting power of the shares of the84-21
subsidiary is owned by the issuer.84-22
Sec. 151.5. Section 1 of Assembly Bill No. 677 of this session is84-23
hereby amended to read as follows:84-24
Section 1. Chapter 706 of NRS is hereby amended by adding84-25
thereto a new section to read as follows:84-26
1. Notwithstanding any provision of this section and NRS84-27
84-28
84-29
session to the contrary, if the registered owner of a vehicle which is84-30
impounded pursuant to NRS84-31
lessor licensed pursuant to NRS 482.363 who is engaged in the84-32
business of renting or leasing vehicles in accordance with NRS84-33
482.295 to 482.3159, inclusive, the registered owner is not liable84-34
for any administrative fine or other penalty that may be imposed by84-35
84-36
violation of NRS84-37
inclusive, and sections 12 to 21, inclusive, of Senate Bill No. 49184-38
of this session, if at the time that the vehicle was impounded, the84-39
vehicle was in the care, custody or control of a lessee.84-40
2. A short-term lessor may establish that a vehicle was subject84-41
to the care, custody or control of a lessee at the time that the vehicle84-42
was impounded pursuant to NRS84-43
submitting to the taxicab authority a true copy of the lease or rental85-1
agreement pursuant to which the vehicle was leased or rented to the85-2
lessee by the short-term lessor. The submission of a true copy of a85-3
lease or rental agreement is prima facie evidence that the vehicle85-4
was in the care, custody or control of the lessee.85-5
3. Upon the receipt of a true copy of a written lease or rental85-6
agreement pursuant to subsection 2 which evidences that the vehicle85-7
impounded by the taxicab authority pursuant to NRS85-8
706.88395 was under the care, custody or control of a lessee and85-9
not the registered owner of the vehicle, the taxicab authority shall85-10
release the vehicle to the short-term lessor.85-11
4. As used in this section, "short-term lessor" has the meaning85-12
ascribed to it in NRS 482.053.85-13
Sec. 151.7. The title of Assembly Bill No. 677 of this session is85-14
hereby amended to read as follows:85-15
AN ACT relating to vehicles; providing immunity under certain85-16
circumstances for short-term lessors of vehicles from85-17
administrative fines and other penalties that may be85-18
imposed by85-19
authority for vehicles leased by short-term lessors that are85-20
operated in passenger service without a certificate of85-21
public convenience and necessity; providing for the85-22
release of such a vehicle impounded by85-23
85-24
term lessor; and providing other matters properly relating85-25
thereto.85-26
Sec. 152. 1. NRS 706.018, 706.021, 706.056, 706.072, 706.1512,85-27
706.1514, 706.158, 706.168, 706.266, 706.282, 706.356, 706.371,85-28
706.391, 706.396, 706.421, 706.426, 706.431, 706.436, 706.442, 706.443,85-29
706.471, 706.6411, 706.749, 706.8811, 706.8812, 706.8813, 706.8814,85-30
706.8816, 706.8817, 706.8818, 706.8828, 712.010, 712.020, 712.030,85-31
712.040, 712.050, 712.060, 712.070, 712.080 and 712.090 are hereby85-32
repealed.85-33
2. NRS 706.476 is hereby repealed.85-34
3. Section 4 of Assembly Bill No. 677 of this session is hereby85-35
repealed.85-36
Sec. 153. Any regulations relating to liability insurance adopted by the85-37
transportation services authority pursuant to NRS 706.291, 706.303 or85-38
706.305, or the taxicab authority created pursuant to former NRS85-39
706.8818, remain in force until amended by the department of motor85-40
vehicles and public safety. On and after October 1, 1999, such regulations85-41
must be enforced by the department of motor vehicles and public safety.86-1
Sec. 154. On October 1, 1999, the transportation services authority86-2
and the taxicab authority created pursuant to former NRS 706.8818 shall86-3
forward to the department of motor vehicles and public safety all liability86-4
insurance policies, certificates of insurance, bonds of a surety company and86-5
other surety which have been filed with the transportation services authority86-6
and the taxicab authority created pursuant to former NRS 706.8818.86-7
Sec. 155. 1. Except to the extent of any inconsistency with the86-8
provisions of chapter 706 of NRS, any regulation adopted by the86-9
transportation services authority remains in effect in the counties which86-10
were not otherwise subject to the jurisdiction of the taxicab authority86-11
created pursuant to former NRS 706.8818 until the date on which the86-12
regulations adopted by the taxicab authority for northern Nevada pursuant86-13
to section 157 of this act become effective. The regulations of the86-14
transportation services authority must be enforced by the taxicab authority86-15
for northern Nevada during the period between October 1, 1999, and the86-16
date on which the regulations adopted by the taxicab authority for northern86-17
Nevada pursuant to section 157 of this act become effective.86-18
2. Any contracts or other agreements entered into on or before86-19
September 30, 1999, by the transportation services authority relating to the86-20
taxicab or limousine business are binding upon the taxicab authority which86-21
has jurisdiction over the taxicabs or limousines that are subject to the86-22
provisions of the contracts or other agreements. Such contracts and86-23
agreements may be enforced by the taxicab authority for northern Nevada.86-24
Sec. 156. 1. Except to the extent of any inconsistency with the86-25
provisions of chapter 706 of NRS, any regulation adopted by the taxicab86-26
authority created pursuant to former NRS 706.8818 remains in force in the86-27
county which was subject to the jurisdiction of that taxicab authority until86-28
the date on which the regulations adopted by the taxicab authority for86-29
southern Nevada pursuant to section 157 of this act become effective. The86-30
regulations of the taxicab authority created pursuant to former NRS86-31
706.8818 must be enforced by the taxicab authority for southern Nevada86-32
during the period between October 1, 1999, and the date on which the86-33
regulations adopted by the taxicab authority for southern Nevada pursuant86-34
to section 157 of this act become effective.86-35
2. Any contracts or other agreements entered into on or before86-36
September 30, 1999, by the taxicab authority created pursuant to former86-37
NRS 706.8818 are binding upon the taxicab authority for southern Nevada.86-38
Such contracts and agreements may be enforced by the taxicab authority for86-39
southern Nevada.86-40
Sec. 157. Not later than January 1, 2000, the taxicab authority for86-41
southern Nevada and the taxicab authority for northern Nevada shall adopt86-42
such regulations as are necessary to carry out the provisions of NRS86-43
706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act.87-1
Sec. 158. The board of county commissioners for each county87-2
required to enact an ordinance pursuant to sections 20 and 21 of this act,87-3
relating to the regulation of taxicab motor carriers and limousine motor87-4
carriers that are based and primarily operate within the jurisdiction of the87-5
board of county commissioners shall enact such an ordinance not later than87-6
January 1, 2000. The ordinance must become effective on January 1, 2000.87-7
Sec. 159. 1. Notwithstanding any specific statute to the contrary, the87-8
terms of office of all members of the taxicab authority created pursuant to87-9
NRS 706.8818 expire on September 30, 1999.87-10
2. Not later than October 1, 1999, the governor shall appoint three87-11
persons as members of the taxicab authority for southern Nevada, whose87-12
terms commence on October 1, 1999. Notwithstanding the provisions of87-13
section 12 of this act to the contrary, for the initial terms of the members of87-14
the taxicab authority for southern Nevada, the governor shall appoint:87-15
(a) Two members to 4-year terms; and87-16
(b) One member to a 3-year term.87-17
Sec. 160. 1. Not later than October 1, 1999, the governor shall87-18
appoint three persons as members of the taxicab authority for northern87-19
Nevada, whose terms commence on October 1, 1999.87-20
2. Notwithstanding the provisions of section 13 of this act to the87-21
contrary, for the initial terms of the members of the taxicab authority for87-22
northern Nevada, the governor shall appoint, in addition to the appointment87-23
of the sheriff of a county whose population is 100,000 or more but less than87-24
400,000:87-25
(a) One member to a 4-year term; and87-26
(b) One member to a 3-year term.87-27
Sec. 161. On October 1, 1999, the state controller shall transfer all87-28
assets and liabilities from the taxicab authority fund abolished pursuant to87-29
section 118 of this act to the taxicab authority regulatory fund for southern87-30
Nevada created pursuant to section 118 of this act.87-31
Sec. 162. The taxicab authority created pursuant to NRS 706.8818 and87-32
the transportation services authority shall cooperate fully and take all87-33
reasonable steps before October 1, 1999, to ensure that the provisions of87-34
this act are carried out in an orderly fashion.87-35
Sec. 162.5. The amendatory provisions of this act do not apply to87-36
offenses that were committed before October 1, 1999.87-37
Sec. 163. 1. This section, subsection 3 of section 152 and sections87-38
159, 160 and 162 of this act become effective upon passage and approval.87-39
2. Sections 1 to 107, inclusive, 109 to 134.5, inclusive, 136 to 151,87-40
inclusive, subsection 1 of section 152 and sections 153 to 158, inclusive,87-41
161, 162.5 and 164 of this act become effective on October 1, 1999.87-42
3. Sections 108, 135, 151.5, 151.7 and subsection 2 of section 152 of87-43
this act become effective at 12:01 a.m. on October 1, 1999.88-1
Sec. 164. Sections 17, 18 and 19 of this act expire by limitation on the88-2
date on which the provisions of 42 U.S.C. § 666 requiring each state to88-3
establish procedures under which the state has authority to withhold or88-4
suspend, or to restrict the use of professional, occupational and recreational88-5
licenses of persons who:88-6
1. Have failed to comply with a subpoena or warrant relating to a88-7
proceeding to determine the paternity of a child or to establish or enforce88-8
an obligation for the support of a child; or88-9
2. Are in arrears in the payment for the support of one or more88-10
children,88-11
are repealed by the Congress of the United States.
88-12
LEADLINES OF REPEALED SECTIONS 706.018 "Authority" defined.88-14
706.021 "Broker" defined.88-15
706.056 "Converter gear dolly" defined.88-16
706.072 "Fully regulated carrier" defined. 706.1512 Authority: Designation of chairman by governor;88-18
executive officer; members in unclassified service of state. 706.1514 Authority: Power of majority of members; exercise of88-20
power and conduct of business by majority of members; hearings.88-21
706.158 Inapplicability of provisions governing brokers to motor88-22
clubs and charitable organizations. 706.168 Supervision of motor carriers separate from supervision88-24
of brokers. 706.266 Intrastate motor carriers required to furnish information88-26
to authority.88-27
706.282 Duty of fully regulated carrier that advertises to provide88-28
to person who publishes or distributes advertisement of certain88-29
information regarding natural person who requested advertisement;88-30
duty of person who publishes or distributes advertisement of fully88-31
regulated carrier to provide certain information to authority.88-32
706.356 Certain free transportation prohibited. 706.371 Powers of authority to regulate contract motor carriers. 706.391 Hearing on application; conditions for issuance; power of88-35
authority to dispense with hearing.88-36
706.396 Effect of denial of certificate.88-37
706.421 Contract motor carrier must obtain permit from88-38
commission.89-1
706.426 Application for permit: Contents and form. 706.431 Conditions for issuance or denial of permit; approval of89-3
contract entered into after issuance of permit. 706.436 Effect of denial of permit. 706.442 Requirements. 706.443 Enforcement of provisions of NRS 706.442 by authority;89-7
regulations.89-8
706.471 Annual fee; penalty and interest.89-9
706.476 Impoundment by authority of vehicle in unauthorized use89-10
as taxicab; notice and hearing; administrative fine. 706.6411 Procedure; limitation on transfer of stock of corporate89-12
motor carriers other than operators of tow cars. 706.749 Permit for employer transporting employees between89-14
place of work and homes or central areas for parking; requirements.89-15
706.8811 Definitions.89-16
706.8812 "Administrator" defined.89-17
706.8813 "Certificate holder" defined.89-18
706.8814 "Driver" defined.89-19
706.8816 "Taxicab" defined.89-20
706.8817 "Taximeter" defined.89-21
706.8818 Appointment, number, qualifications and compensation89-22
of members; principal office; regulations. 706.8828 Insurance.89-24
712.010 Short title. 712.020 Legislative declaration. 712.030 "Storage of household goods and effects" defined. 712.040 Permit for warehouse required. 712.050 Requirements for permit; grounds for revocation; fee;89-29
penalty. 712.060 Inspection by transportation services authority. 712.070 Rules and regulations of transportation services authority. 712.080 Disciplinary proceedings; judicial review. 712.090 Penalty.~