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, carriers of household goods, 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. 2.5. "Carrier of household goods" means any person or1-7
operator who is engaged in the business of transportation of household1-8
goods.1-9
Sec. 3. "Certificate holder" means:1-10
1. With regard to an operator of a tow car, a person who holds a1-11
current certificate of public convenience and necessity which was issued1-12
for the operation of a tow car with respect to towing services performed2-1
without the prior consent of the owner of the vehicle or the person2-2
authorized by the owner to operate the vehicle by:2-3
(a) The previously existing public service commission of Nevada2-4
before July 1, 1981, and which has not been transferred, revoked or2-5
suspended by the transportation services authority, or by operation of2-6
law; or2-7
(b) The transportation services authority and which has not been2-8
transferred, suspended or revoked by the transportation services2-9
authority or by operation of law.2-10
2. With regard to a carrier of household goods, a person who holds a2-11
current certificate of public convenience and necessity which was issued2-12
for the operation of a carrier of household goods 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, or by operation of2-16
law; or2-17
(b) The transportation services authority and which has not been2-18
transferred, suspended or revoked by the transportation services2-19
authority or by operation of law.2-20
3. With regard to a taxicab motor carrier or a limousine motor2-21
carrier, a person who holds a current certificate of public convenience2-22
and necessity which was issued for the operation of a taxicab motor2-23
carrier or a limousine motor carrier subject to the jurisdiction of a2-24
taxicab authority by:2-25
(a) The previously existing public service commission of Nevada2-26
before July 1, 1981, and which has not been transferred, revoked or2-27
suspended by the transportation services authority, the previously2-28
existing taxicab authority, the taxicab authority for southern Nevada or2-29
the taxicab authority for northern Nevada, or by operation of law;2-30
(b) The previously existing taxicab authority and which has not been2-31
transferred, suspended or revoked by the transportation services2-32
authority, the previously existing taxicab authority, the taxicab authority2-33
for southern Nevada or the taxicab authority for northern Nevada, or by2-34
operation of law;2-35
(c) The transportation services authority and which has not been2-36
transferred, suspended or revoked by the transportation services2-37
authority, the previously existing taxicab authority, the taxicab authority2-38
for southern Nevada or the taxicab authority for northern Nevada, or by2-39
operation of law; or2-40
(d) The taxicab authority for southern Nevada or the taxicab authority2-41
for northern Nevada and which has not been transferred, suspended or2-42
revoked by the taxicab authority for southern Nevada or the taxicab2-43
authority for northern Nevada, or by operation of law.3-1
Sec. 4. "Driver" means a person who operates a taxicab or3-2
limousine that is regulated pursuant to this chapter, and includes a3-3
certificate holder if he actually operates the taxicab or limousine.3-4
Sec. 5. "Limousine motor carrier" means a person who operates a3-5
livery limousine or traditional limousine.3-6
Sec. 6. "Livery limousine" means a motor vehicle that:3-7
1. At the time of its manufacture, was a light truck, as that term is3-8
defined in 49 C.F.R. § 523.5, as that section existed on January 1, 1999;3-9
2. Has a capacity of 9 or more persons but less than 16 persons,3-10
including the driver; and3-11
3. Is engaged in the general transportation of persons for3-12
compensation and is not operated on a regular schedule or over regular3-13
routes.3-14
Sec. 7. "Operator of a tow car" means a person who provides towing3-15
services performed without the prior consent of the owner of the vehicle3-16
or the person authorized by the owner to operate the vehicle.3-17
Sec. 8. "Taxicab authority" means the taxicab authority for3-18
southern Nevada or the taxicab authority for northern Nevada, as3-19
determined pursuant to sections 12 and 13 of this act.3-20
Sec. 9. "Taximeter" means an instrument used in a taxicab for3-21
indicating the fare charged.3-22
Sec. 10. "Traditional limousine" means a motor vehicle that is3-23
engaged in the general transportation of persons for compensation and is3-24
not operated on a regular schedule or over regular routes and which:3-25
1. At the time of its manufacture, was a passenger automobile, as3-26
that term is defined in 49 C.F.R. § 523.4, as that section existed on3-27
January 1, 1999, and which was later modified to increase its length; or3-28
2. Has a capacity of less than 9 persons, including the driver.3-29
Sec. 11. All regulations, practices and service prescribed by the3-30
transportation services authority must be enforced and are prima facie3-31
reasonable unless suspended or found otherwise in an action brought for3-32
the purpose, or until changed or modified by the transportation services3-33
authority itself upon satisfactory showing made.3-34
Sec. 12. 1. A taxicab authority for southern Nevada, consisting of3-35
three members appointed by the governor, is hereby created. Each3-36
member shall serve for a term of 4 years. Not more than two members3-37
may be members of the same political party, and no elected officer of this3-38
state or any political subdivision is eligible for appointment. The3-39
members of the taxicab authority for southern Nevada must include:3-40
(a) A person who has knowledge and experience in business or3-41
accounting, or training and experience in the law;4-1
(b) A person who has knowledge and experience in the taxicab4-2
industry, except that the person may not be currently involved in a4-3
taxicab business as an owner or manager; and4-4
(c) A person who has knowledge and experience in the limousine4-5
industry, except that the person may not be currently involved in a4-6
limousine business as an owner or manager.4-7
2. The members of the taxicab authority for southern Nevada are in4-8
the unclassified service of the state.4-9
3. The taxicab authority for southern Nevada is the chief regulatory4-10
agency for the business of transporting passengers by taxicab motor4-11
carrier or limousine motor carrier in a county whose population is4-12
400,000 or more, and in such other counties which elect pursuant to4-13
section 20 of this act to be subject to the jurisdiction of the taxicab4-14
authority for southern Nevada. The taxicab authority for southern4-15
Nevada shall maintain its principal office in a county whose population4-16
is 400,000 or more.4-17
4. The taxicab authority for southern Nevada may adopt appropriate4-18
regulations applicable in the counties subject to its jurisdiction for the4-19
administration and enforcement of NRS 706.881 to 706.885, inclusive,4-20
and sections 12 to 21, inclusive, of this act, and for the conduct of the4-21
taxicab and limousine business and the qualifications of and the4-22
issuance of permits to drivers of taxicabs and of limousines, not4-23
inconsistent with the provisions of NRS 706.881 to 706.885, inclusive and4-24
sections 12 to 21, inclusive, of this act. The regulations may include4-25
different provisions for different counties to allow for differences among4-26
the counties subject to the jurisdiction of the taxicab authority for4-27
southern Nevada. Local law enforcement agencies and the Nevada4-28
highway patrol, upon request of the taxicab authority for southern4-29
Nevada, may assist in enforcing the provisions of NRS 706.881 to4-30
706.885, inclusive, and sections 12 to 21, inclusive, of this act, and the4-31
regulations adopted pursuant thereto by the taxicab authority for4-32
southern Nevada.4-33
Sec. 13. 1. A taxicab authority for northern Nevada, consisting of4-34
three members appointed by the governor, is hereby created. Each4-35
member shall serve for a term of 4 years. The members of the taxicab4-36
authority for northern Nevada must include:4-37
(a) The sheriff of a county whose population is 100,000 or more but4-38
less than 400,000;4-39
(b) A person who has knowledge and experience in the transportation4-40
industry; and4-41
(c) A person who has knowledge and experience in business or4-42
accounting.5-1
2. Each member of the taxicab authority for northern Nevada who is5-2
not a public employee is entitled to receive a salary of not more than $80,5-3
as fixed by the taxicab authority for northern Nevada, for each day5-4
actually employed on work of the taxicab authority for northern Nevada.5-5
3. While engaged in the business of the taxicab authority for5-6
northern Nevada, each member of the taxicab authority for northern5-7
Nevada is entitled to receive the per diem allowance and travel expenses5-8
provided for state officers and employees generally.5-9
4. The taxicab authority for northern Nevada is the chief regulatory5-10
agency for the business of transporting passengers by taxicab motor5-11
carrier or limousine motor carrier in a county whose population is5-12
100,000 or more but less than 400,000 and in such other counties which5-13
elect pursuant to section 20 of this act to be subject to the jurisdiction of5-14
the taxicab authority for northern Nevada. The taxicab authority for5-15
northern Nevada shall maintain its principal office in a county whose5-16
population is 100,000 or more but less than 400,000.5-17
5. The taxicab authority for northern Nevada may adopt appropriate5-18
regulations applicable in the counties subject to its jurisdiction for the5-19
administration and enforcement of NRS 706.881 to 706.885, inclusive,5-20
and sections 12 to 21, inclusive, of this act, and for the conduct of the5-21
taxicab business and the qualifications of and the issuance of permits to5-22
drivers of taxicabs and of limousines, not inconsistent with the provisions5-23
of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of5-24
this act. The regulations may include different provisions for different5-25
counties to allow for differences among the counties subject to the5-26
jurisdiction of the taxicab authority for northern Nevada. Local law5-27
enforcement agencies and the Nevada highway patrol, upon request of5-28
the taxicab authority for northern Nevada, may assist in enforcing the5-29
provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21,5-30
inclusive, of this act, and the regulations adopted pursuant thereto by the5-31
taxicab authority for northern Nevada.5-32
Sec. 14. Except to the extent of any inconsistency with the provisions5-33
of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of5-34
this act, every order issued by the transportation services authority or the5-35
previously existing taxicab authority remains in effect until the order is5-36
modified or rescinded by a taxicab authority. The taxicab authority for5-37
southern Nevada or the taxicab authority for northern Nevada, as5-38
appropriate, shall enforce such an order until the order is modified or5-39
rescinded.5-40
Sec. 15. 1. If a taxicab authority has established a system of5-41
allocations for taxicabs and limousines in a county subject to its5-42
jurisdiction, the taxicab authority shall, on or before April 1 of each year,6-1
increase the number of allocated taxicabs and limousines in that county6-2
by a percentage which is equal to the average of:6-3
(a) The percentage of increase, if any, in the number of passengers6-4
who traveled into an airport located in that county during the preceding6-5
calendar year, as reported by the board of county commissioners of the6-6
county in which the airport is located; and6-7
(b) The percentage of increase, if any, in the population of that county6-8
during the preceding calendar year, as determined from the certifications6-9
made pursuant to NRS 360.285.6-10
2. Except as otherwise provided in this subsection, on or before6-11
February 15, each board of county commissioners in this state shall6-12
prepare and cause to be published an annual report setting forth the6-13
number of passengers who arrived by commercial airline at an airport6-14
located in the county during each month in the preceding calendar year.6-15
A board of county commissioners does not have to submit a report6-16
pursuant to this subsection if no commercial airline operates at any6-17
airport located within the county.6-18
Sec. 15.5. (Deleted by amendment.)6-19
Sec. 16. Except as otherwise provided in subsection 6 of NRS6-20
706.8827:6-21
1. Not later than 45 days after the date on which a taxicab authority6-22
receives an application for a certificate of public convenience and6-23
necessity for the operation of a limousine, the taxicab authority shall6-24
hold a prehearing conference with the applicant.6-25
2. The taxicab authority may authorize discovery on the application,6-26
beginning on the first day after the day on which the prehearing6-27
conference is held. The period for discovery may not exceed 90 days.6-28
3. If a period for discovery is authorized pursuant to subsection 2,6-29
the taxicab authority shall provide a period for response, beginning on6-30
the first day after the date on which the period for discovery expires. The6-31
period for response may not exceed 30 days.6-32
4. The taxicab authority shall hold a hearing on the application not6-33
later than 120 days after the date on which the prehearing conference is6-34
held.6-35
Sec. 17. An applicant for a driver’s permit pursuant to NRS6-36
706.8841 must include his social security number with his application for6-37
the initial issuance or renewal of a driver’s permit. The taxicab authority6-38
to which the application for a driver’s permit is submitted shall keep the6-39
social security number of each applicant and licensee in the record for6-40
the applicant or permittee, as appropriate.6-41
Sec. 18. 1. A person who applies to a taxicab authority for the6-42
issuance or renewal of a driver’s permit pursuant to NRS 706.8841 shall6-43
submit to the taxicab authority the statement prescribed by the welfare7-1
division of the department of human resources pursuant to NRS 425.520.7-2
The statement must be completed and signed by the applicant.7-3
2. Each taxicab authority shall include the statement required7-4
pursuant to subsection 1 in:7-5
(a) The application or any other forms that must be submitted for the7-6
issuance or renewal of the permit; or7-7
(b) A separate form prescribed by the taxicab authority.7-8
3. A driver’s permit may not be issued or renewed by a taxicab7-9
authority if the applicant:7-10
(a) Fails to submit the statement required by subsection 1; or7-11
(b) Indicates on the statement submitted pursuant to subsection 1 that7-12
he is subject to a court order for the support of a child and is not in7-13
compliance with the order or a plan approved by the district attorney or7-14
other public agency enforcing the order for the repayment of the amount7-15
owed pursuant to the order.7-16
4. If a person’s driver’s permit has been suspended or revoked7-17
pursuant to this chapter, the taxicab authority may not reinstate the7-18
permit if the person:7-19
(a) Fails to submit the statement required by subsection 1; or7-20
(b) Indicates on the statement submitted pursuant to subsection 1 that7-21
he is subject to a court order for the support of a child and is not in7-22
compliance with the order or a plan approved by the district attorney or7-23
other public agency enforcing the order for the repayment of the amount7-24
owed pursuant to the order.7-25
5. If the applicant indicates on the statement submitted pursuant to7-26
subsection 1 that he is subject to a court order for the support of a child7-27
and is not in compliance with the order or a plan approved by the district7-28
attorney or other public agency enforcing the order for the repayment of7-29
the amount owed pursuant to the order, the taxicab authority shall advise7-30
the applicant to contact the district attorney or other public agency7-31
enforcing the order to determine the actions that the applicant may take7-32
to satisfy the arrearage.7-33
6. The taxicab authority shall keep each statement submitted by an7-34
applicant pursuant to subsection 1 in the record of the applicant.7-35
Sec. 19. 1. If a taxicab authority receives a copy of a court order7-36
issued pursuant to NRS 425.540 that provides for the suspension of all7-37
professional, occupational and recreational licenses, certificates and7-38
permits issued to a person who is the holder of a driver’s permit issued by7-39
that taxicab authority, the taxicab authority shall deem the driver’s7-40
permit issued to that person to be suspended at the end of the 30th day7-41
after the date on which the court order was issued unless the taxicab7-42
authority receives a letter issued to the holder of the permit by the district7-43
attorney or other public agency pursuant to NRS 425.550 stating that the8-1
holder of the permit has complied with the subpoena or warrant or has8-2
satisfied the arrearage pursuant to NRS 425.560.8-3
2. A taxicab authority shall reinstate a driver’s permit that has been8-4
suspended by a district court pursuant to NRS 425.540 if the taxicab8-5
authority receives a letter issued by the district attorney or other public8-6
agency pursuant to NRS 425.550 to the person whose permit was8-7
suspended stating that the person whose permit was suspended has8-8
complied with the subpoena or warrant, or has satisfied the arrearage8-9
pursuant to NRS 425.560.8-10
Sec. 20. 1. The board of county commissioners of each county8-11
which is not otherwise subject to the jurisdiction of a taxicab authority8-12
pursuant to sections 12 and 13 of this act, shall, by ordinance, elect to:8-13
(a) Include the county in the jurisdiction of the taxicab authority for8-14
southern Nevada;8-15
(b) Include the county in the jurisdiction of the taxicab authority for8-16
northern Nevada; or8-17
(c) Exclude the county from the jurisdiction of both the taxicab8-18
authority for southern Nevada and the taxicab authority for northern8-19
Nevada.8-20
2. Upon enacting such an ordinance, the board of county8-21
commissioners shall notify each taxicab authority specified in the8-22
ordinance, the previous taxicab authority to whose jurisdiction the8-23
county was subject, if any, and the department of the ordinance.8-24
Sec. 21. 1. If a board of county commissioners enacts an8-25
ordinance approving the exclusion of the county from the jurisdiction of8-26
a taxicab authority pursuant to section 20 of this act, the board of county8-27
commissioners may enact such other ordinances as it may deem8-28
necessary to regulate the conduct of the business of taxicab motor8-29
carriers and limousine motor carriers that are based and primarily8-30
operate within that county. If enacted, such ordinances must be8-31
consistent with the legislative policies set forth in NRS 706.151.8-32
2. If a board of county commissioners enacts an ordinance8-33
approving the inclusion of the county in the jurisdiction of the taxicab8-34
authority for southern Nevada or the taxicab authority for northern8-35
Nevada, the board of county commissioners shall not amend or repeal8-36
the ordinance, or enact any other ordinance pursuant to section 20 of8-37
this act, for at least 2 years after the date on which the ordinance8-38
approving the inclusion of the county in the jurisdiction of a taxicab8-39
authority becomes effective.8-40
3. A person who is regulated by a county in accordance with this8-41
section shall pay to the county $100 per year for each taxicab and $2508-42
per year for each limousine that the person operates and a fee set by the8-43
board of county commissioners by ordinance that must not exceed 159-1
cents per trip for each compensable trip of each of those taxicabs, which9-2
may be added to the meter charge.9-3
4. Except as otherwise provided in this subsection, all money9-4
collected by the board of county commissioners relating to the regulation9-5
of taxicab motor carriers and limousine motor carriers pursuant to this9-6
section must be deposited with the county treasurer of that county and9-7
accounted for separately in the county general fund. All money collected9-8
by a county for a fine or other monetary penalty must be deposited with9-9
the state treasurer for deposit in the state general fund.9-10
5. No ordinance enacted by a board of county commissioners9-11
pursuant to:9-12
(a) Section 20 of this act to exclude the county from the jurisdiction of9-13
a taxicab authority; or9-14
(b) Subsection 1 to regulate the conduct of the business of taxicab9-15
motor carriers and limousine motor carriers that are based and primarily9-16
operate within that county,9-17
may be construed as motor vehicle registration law and any license fees9-18
that may be imposed by a board of county commissioners pursuant9-19
thereto are in addition to the fees for motor vehicle registration required9-20
under the laws of this state.9-21
Sec. 22. NRS 706.011 is hereby amended to read as follows: 706.011 As used in9-23
unless the context otherwise requires, the words and terms defined in NRS9-24
706.013 to 706.146, inclusive, and sections 2 to 10, inclusive, of this act9-25
have the meanings ascribed to them in those sections.9-26
Sec. 23. NRS 706.013 is hereby amended to read as follows: 706.013 "Advertise" means the commercial use of any medium,9-28
including, but not limited to, the radio or television, or a newspaper,9-29
magazine, directory, sign or other printed matter, by9-30
9-31
contract motor carrier with regard to the transportation of household9-32
goods, to bring the services of the operator or carrier to the attention of9-33
members of the general public.9-34
Sec. 24. NRS 706.036 is hereby amended to read as follows: 706.036 "Common motor carrier" means any person or operator who9-36
holds himself out to the public as willing to transport by vehicle from place9-37
to place, either upon fixed route or on-call operations, passengers or9-38
property, including a common motor carrier of passengers9-39
common motor carrier of property .9-40
taxicab motor carrier9-41
car or a carrier of household goods.10-1
Sec. 25. NRS 706.041 is hereby amended to read as follows: 706.041 "Common motor carrier of passengers" means any person or10-3
operator10-4
public as willing to transport by vehicle from place to place, either upon10-5
fixed route or on-call operations, passengers or passengers and light10-6
express for all who may choose to employ him. The term does not include10-7
a taxicab motor carrier or limousine motor carrier.10-8
Sec. 26. NRS 706.046 is hereby amended to read as follows: 706.046 "Common motor carrier of property" means any person or10-10
operator, including a motor convoy carrier, who holds himself out to the10-11
public as willing to transport by motor vehicle from place to place, either10-12
upon fixed route or on-call operations, the property of all who may choose10-13
to employ him. The term does not include an operator of a tow car or a10-14
carrier of household goods.10-15
Sec. 27. NRS 706.051 is hereby amended to read as follows: 706.051 "Contract motor carrier" means any person or operator10-17
engaged in transportation by motor vehicle of passengers or household10-18
goods for compensation pursuant to continuing contracts with one person10-19
or a limited number of persons:10-20
1. For the furnishing of transportation services through the assignment10-21
of motor vehicles for a continuing period10-22
each person served;10-23
2. For the furnishing of transportation services designed to meet the10-24
distinct need of each individual customer; and10-25
3. Not operating as a common motor carrier of passengers or property10-26
10-27
of household goods.10-28
Sec. 28. NRS 706.085 is hereby amended to read as follows: 706.085 "Household goods" means personal effects and property used10-30
or to be used in a dwelling which are part of the equipment or supply of the10-31
dwelling and10-32
authority may provide by regulation. The term does not include property10-33
moving from a factory or store, except property that the householder has10-34
purchased with the intent to use in his dwelling and that is transported at the10-35
request of, and the transportation charges paid to the carrier by, the10-36
householder.10-37
Sec. 29. NRS 706.124 is hereby amended to read as follows: 706.124 1. "Taxicab" means a vehicle which is not operated over a10-39
fixed route, is designed or constructed to accommodate and transport not10-40
more than six passengers, including the driver, and is:10-41
10-42
system to indicate and determine the passenger fare charged for the10-43
distance traveled;11-1
11-2
both, for which a charge or fee is charged or received; or11-3
11-4
available for the transportation of passengers from place to place in the11-5
State of Nevada.11-6
2. The term does not include a motor vehicle of:11-7
(a) A common motor carrier;11-8
(b) A contract motor carrier;11-9
(c) An employer who operates the vehicle for the transportation of his11-10
employees, whether or not the employees pay for the transportation;11-11
(d) An operator of a bus service; or11-12
(e) A limousine motor carrier.11-13
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 the11-15
legislature in enacting this chapter:11-16
(a)11-17
11-18
the power and to make it the duty of the transportation services authority11-19
to regulate11-20
11-21
carriers with regard to the transportation of household goods, to the11-22
extent provided in this chapter , and to confer upon the department the11-23
power to license all motor carriers subject to the provisions of this chapter11-24
and to make it the duty of the department to enforce the provisions of this11-25
chapter and the regulations adopted by the transportation services11-26
authority pursuant11-27
highways arising by reason of the use of the highways by vehicles in a11-28
gainful occupation thereon.11-29
(b) To provide for reasonable compensation for the use of the highways11-30
in gainful occupations, and enable the State of Nevada, by using license11-31
fees, to provide for the proper construction, maintenance and repair thereof,11-32
and thereby protect the safety and welfare of the traveling and shipping11-33
public in their use of the highways.11-34
(c) To provide for fair and impartial regulation, to promote safe,11-35
adequate, economical and efficient service and to foster sound economic11-36
conditions in motor transportation.11-37
(d) To encourage the establishment and maintenance of reasonable11-38
charges for:11-39
(1) Intrastate transportation by11-40
household goods, and contract motor carriers with regard to the11-41
transportation of household goods; and12-1
(2) Towing services performed without the prior consent of the12-3
vehicle,12-4
without unjust discriminations against or undue preferences or advantages12-5
being given to any12-6
household goods or applicant for a certificate of public convenience and12-7
necessity.12-8
(e) To discourage any practices which would tend to increase or create12-9
competition that may be detrimental to the12-10
12-11
the owner of the vehicle or the person authorized by the owner to operate12-12
the vehicle, the business of carriers of household goods, or the business12-13
of contract motor carriers with regard to the transportation of household12-14
goods, within this state.12-15
2. All12-16
enforced with a view to carrying out the declaration of policy contained in12-17
this section.12-18
Sec. 31. NRS 706.1511 is hereby amended to read as follows: 706.1511 1. The transportation services authority is hereby created.12-20
2. The chief of the transportation services authority12-21
12-22
12-23
The governor shall appoint the commissioner for a term of 4 years.12-24
3. The12-25
appointed as the commissioner must have at least 2 years of experience in12-26
one or more of the following fields:12-27
(a) Accounting.12-28
(b) Business administration.12-29
(c) Economics.12-30
(d) Administrative law.12-31
(e) Transportation.12-32
(f) Professional engineering.12-33
12-34
12-35
12-36
12-37
12-38
12-39
4. The commissioner must be12-40
independent of the industries regulated by the transportation services12-41
authority. No elected officer of this state or any political subdivision is12-42
eligible for appointment.12-43
13-1
5. The commissioner shall give13-2
of the transportation services authority and shall not pursue any other13-3
business or vocation or hold any other office of profit.13-4
13-5
6. The commissioner serves at the pleasure of the governor.13-6
Sec. 32. NRS 706.1513 is hereby amended to read as follows: 706.1513 The transportation services authority may sue and be sued in13-8
the name of the transportation services authority.13-9
Sec. 33. NRS 706.1515 is hereby amended to read as follows: 706.1515 1. Any13-11
carrier of household goods, or contract motor carrier with regard to the13-12
transportation of household goods, subject to the jurisdiction of the13-13
transportation services authority that elects to maintain its books and13-14
records outside the State of Nevada13-15
assessment and fees provided for by law, be assessed in advance by the13-16
transportation services authority for an amount which the transportation13-17
services authority reasonably estimates will be equal to the amount that13-18
will be incurred for the travel expenses and the excess of the out-of-state13-19
subsistence allowances over the in-state subsistence allowances, as fixed by13-20
NRS 281.160,13-21
services authority and staff, for investigations, inspections and audits13-22
required to be performed outside this state.13-23
2. The13-24
this section must be determined by the transportation services authority13-25
upon the completion of each such investigation, inspection, audit or13-26
appearance .13-27
the estimated amount of the assessment, the transportation services13-28
authority shall refund the difference to the affected operator or carrier,13-29
as appropriate. If the actual amount of the assessment is greater than the13-30
estimated amount of the assessment paid by the affected operator or13-31
carrier, the transportation services authority shall assess the affected13-32
operator or carrier an amount that is equal to the difference between the13-33
estimated and actual assessment. The final assessment is due within 3013-34
days after receipt by the affected13-35
carrier of the notice of the assessment.13-36
3. The records of the transportation services authority relating to the13-37
additional costs incurred by reason of the necessary additional travel must13-38
be open for inspection by the affected13-39
operator or carrier at any time within the 30-day period.13-40
Sec. 34. NRS 706.1516 is hereby amended to read as follows: 706.1516 1. The transportation services authority regulatory fund is13-42
hereby created as a special revenue fund.13-43
provided in this section, all money collected by the transportation services14-1
authority pursuant to law must be deposited in the state treasury for credit14-2
to the fund.14-3
2. Money in the fund may be used only to defray the costs of:14-4
(a) Maintaining staff and equipment needed to regulate adequately14-5
persons subject to the jurisdiction of the transportation services authority.14-6
(b) Participating in all proceedings relevant to the jurisdiction of the14-7
transportation services authority.14-8
(c) Audits, inspections, investigations, publication of notices, reports14-9
and retaining consultants connected with that maintenance and14-10
participation.14-11
(d) The salaries, travel expenses and subsistence allowances of the14-12
14-13
authority.14-14
3. All claims against the fund must be paid as other claims against the14-15
state are paid.14-16
4. The transportation services authority must furnish upon request a14-17
statement showing the balance remaining in the fund as of the close of the14-18
preceding fiscal year.14-19
5. Money collected by the transportation services authority from a14-20
fine or penalty must be deposited into the state highway fund.14-21
Sec. 35. NRS 706.1517 is hereby amended to read as follows: 706.1517 Employees of the transportation services authority who are14-23
peace officers may carry firearms in the performance of their duties.14-24
Sec. 36. NRS 706.1518 is hereby amended to read as follows: 706.1518 Except as otherwise provided in NRS 706.1725, the14-26
transportation services authority shall make and publish biennial reports14-27
showing its proceedings. All biennial reports, records, proceedings, papers14-28
and files of the transportation services authority must be open at all14-29
reasonable times to the public.14-30
Sec. 37. NRS 706.156 is hereby amended to read as follows: 706.15614-32
operators of tow cars, carriers of household goods, and contract motor14-33
carriers with regard to the transportation of household goods, are hereby14-34
declared to be, to the extent provided in this chapter:14-35
14-36
14-37
14-38
14-39
14-40
14-41
14-42
14-43
15-1
15-2
15-3
Sec. 38. NRS 706.166 is hereby amended to read as follows: 706.166 The transportation services authority shall:15-5
1.15-6
extent provided in this chapter, supervise and regulate:15-7
(a) Every15-8
carrier of household goods, and every contract motor carrier with regard15-9
to the transportation of household goods, in this state in all matters15-10
directly related to those activities of the15-11
actually necessary for the transportation of15-12
the handling and storage of that property, over and along the highways.15-13
(b) Every operator of a tow car concerning the rates and charges15-14
assessed for towing services performed without the prior consent of the15-15
operator of the vehicle or the person authorized by the owner to operate the15-16
vehicle and pursuant to the provisions of NRS15-17
706.791, inclusive15-18
2. Supervise and regulate the storage of household goods and effects in15-19
warehouses and the operation and maintenance of such warehouses in15-20
accordance with the provisions of this chapter and chapter 712 of NRS.15-21
3. Enforce the standards of safety applicable to the employees,15-22
equipment, facilities and operations of15-23
15-24
of household goods, and contract motor carriers with regard to the15-25
transportation of household goods, by:15-26
(a) Providing training in safety;15-27
(b) Reviewing and observing the programs or inspections of15-28
operators of tow cars, carriers of household goods, and contract motor15-29
carriers with regard to the transportation of household goods, relating to15-30
safety; and15-31
(c) Conducting inspections relating to safety .15-32
15-33
4. To carry out the policies expressed in NRS 706.151, adopt15-34
regulations providing for agreements between two or more15-35
15-36
goods, or contract motor carriers with regard to the transportation of15-37
household goods, relating to:15-38
(a)15-39
15-40
contract motor carriers with regard to the transportation of household15-41
goods, and rates of operators of tow cars for towing services performed15-42
without the prior consent of the owner of the vehicle or the person15-43
authorized by the owner to operate the vehicle;16-1
16-2
16-3
16-4
16-5
and contract motor carriers with regard to the transportation of16-6
household goods, and charges of operators of tow cars for towing services16-7
performed without the prior consent of the owner of the vehicle or the16-8
person authorized by the owner to operate the vehicle, including charges16-9
between carriers and compensation paid or received for the use of facilities16-10
and equipment.16-11
These regulations may not provide for collective agreements which restrain16-12
any party from taking free and independent action.16-13
5. Review decisions of16-14
transportation services authority pursuant to NRS 706.8819.16-15
Sec. 39. NRS 706.167 is hereby amended to read as follows: 706.167 1. Each16-17
16-18
carrier with regard to the transportation of household goods, regulated by16-19
the transportation services authority shall:16-20
(a) Keep uniform and detailed accounts of all business transacted in the16-21
manner required by the transportation services authority by regulation and16-22
render them to the transportation services authority upon its request.16-23
(b) Furnish an annual report to the transportation services authority in16-24
the form and detail that it prescribes by regulation.16-25
The regulations of the transportation services authority may not require an16-26
operator of a tow car to keep accounts and report information concerning16-27
towing services performed without the prior consent of the owner of the16-28
vehicle or the person authorized by the owner to operate the vehicle other16-29
than information that is necessary to permit the transportation services16-30
authority to enforce the provisions of NRS16-31
inclusive16-32
2. Except as otherwise provided in subsection 3, the reports required16-33
by this section must be prepared for each calendar year and submitted not16-34
later than May 15 of the year following the year for which the report is16-35
submitted.16-36
3. A carrier of household goods may, with the permission of the16-37
transportation services authority, prepare the reports required by this16-38
section for a year other than a calendar year that the transportation services16-39
authority specifies and submit them not later than a date specified by the16-40
transportation services authority in each year.16-41
4. If the transportation services authority finds that necessary16-42
information is not contained in a report submitted pursuant to this section,16-43
it may call for the omitted information at any time.17-1
Sec. 40. NRS 706.1675 is hereby amended to read as follows: 706.1675 Every annual report, record or statement required by law to17-3
be made to the transportation services authority must be submitted under17-4
oath by the proper officer, agent or person responsible for submitting the17-5
report, record or statement.17-6
Sec. 41. NRS 706.169 is hereby amended to read as follows: 706.169 The department shall17-8
17-9
17-10
17-11
used for private commercial enterprises on any highway in this state.17-12
Sec. 42. NRS 706.171 is hereby amended to read as follows: 706.171 1. The17-14
(a) Make necessary and reasonable regulations governing the17-15
administration and enforcement of the provisions of this chapter for which17-16
17-17
(b) Adopt by reference any appropriate rule or regulation, as it exists at17-18
the time of adoption, issued by the United States Department of17-19
Transportation, the Surface Transportation Board, any other agency of the17-20
Federal Government, or the National Association of Regulatory Utility17-21
Commissioners.17-22
(c) Require such reports and the maintenance of such records as17-23
17-24
administration and enforcement of this chapter.17-25
(d) Except as otherwise provided in this section, examine, at any time17-26
during the business hours of the day, the books, papers and records of any17-27
17-28
motor carrier , taxicab motor carrier, limousine motor carrier, operator of17-29
a tow car or carrier of household goods doing business in this state to the17-30
extent necessary for17-31
department to carry out the provisions of this chapter. The department17-32
may examine in other states or require by subpoena the production inside17-33
this state of such books, papers and records as are not maintained in this17-34
state.17-35
(e) Temporarily waive any requirement for a17-36
license when an emergency exists as defined in NRS 706.561.17-37
2. No personnel records of an employee of a17-38
17-39
carrier, limousine motor carrier, operator of a tow car or carrier of17-40
household goods may be examined pursuant to paragraph (d) of subsection17-41
1 unless the records contain information relating to a matter of public safety17-42
or17-43
examination is required to protect the interests of the public.18-1
3. The department may adopt regulations to ensure the payment of any18-2
fee due or authorized pursuant to the provisions of this chapter.18-3
4. As used in this section, "personnel records" does not include:18-4
(a) The name of the employee who is the subject of the record;18-5
(b) The gross compensation and perquisites of the employee;18-6
(c) Any record of the business expenses of the employee;18-7
(d) The title or any description of the position held by the employee;18-8
(e) The qualifications required for the position held by the employee;18-9
(f) The business address of the employee;18-10
(g) The telephone number of the employee at his place of business;18-11
(h) The work schedule of the employee;18-12
(i) The date on which the employee began his employment; and18-13
(j) If applicable, the date on which the employment of the employee was18-14
terminated.18-15
Sec. 43. NRS 706.1715 is hereby amended to read as follows: 706.1715 1. The attorney general shall:18-17
(a) Act as counsel and attorney for the transportation services authority18-18
in all actions, proceedings and hearings.18-19
(b) Prosecute in the name of the transportation services authority all18-20
civil actions for the enforcement of this chapter and for the recovery of any18-21
penalty or forfeiture provided for therein.18-22
(c) Generally aid the transportation services authority in the18-23
performance of its duties and the enforcement of this chapter.18-24
2. The attorney general or any district attorney may prosecute any18-25
violation of this chapter or chapter 712 of NRS for which a criminal18-26
penalty is provided.18-27
Sec. 44. NRS 706.1717 is hereby amended to read as follows: 706.1717 The transportation services authority may, in carrying out its18-29
duties:18-30
1. Cooperate with the Federal Government and its departments and18-31
agencies.18-32
2. Confer with the regulatory agencies of other states on matters of18-33
mutual concern and benefit to persons served by18-34
cars and carriers of household goods of this state.18-35
3. Use the services, records, facilities and cooperation of federal and18-36
state regulatory agencies, and hold joint hearings and participate in joint18-37
conferences to reach decisions in matters that require cooperation. All18-38
necessary expenses incurred in attending hearings and conferences outside18-39
this state are a charge against the state and must be audited and paid as18-40
other claims against the state are paid.19-1
Sec. 45. NRS 706.172 is hereby amended to read as follows: 706.172 1. The transportation services authority may:19-3
(a) Make necessary and reasonable regulations governing the19-4
administration and enforcement of the provisions of this chapter for19-5
which the transportation services authority is responsible.19-6
(b) Require such reports and the maintenance of such records as the19-7
transportation services authority determines to be necessary for the19-8
administration and enforcement of this chapter.19-9
(c) Temporarily waive any requirement for a certificate when an19-10
emergency exists as defined in NRS 706.561.19-11
2. Except as otherwise provided in subsection19-12
the commissioner of the transportation services authority , or any officer19-13
or employee of the transportation services authority who is designated by19-14
the commissioner of the transportation services authority may examine19-15
during the regular business hours the books, accounts, records, minutes,19-16
papers and property of any person who is regulated by the transportation19-17
services authority .19-18
19-19
19-20
19-21
or require by subpoena the production inside this state of any such19-22
books, accounts, records, minutes, papers and property that are not19-23
maintained in this state.19-24
3. No personnel records of an employee may be examined pursuant to19-25
subsection19-26
of public safety or the transportation services authority determines that the19-27
examination is required to protect the interests of the public.19-28
19-29
(a) The name of the employee who is the subject of the record;19-30
(b) The gross compensation and perquisites of the employee;19-31
(c) Any record of the business expenses of the employee;19-32
(d) The title or any description of the position held by the employee;19-33
(e) The qualifications required for the position held by the employee;19-34
(f) The business address of the employee;19-35
(g) The telephone number of the employee at his place of business;19-36
(h) The work schedule of the employee;19-37
(i) The date on which the employee began his employment; and19-38
(j) If applicable, the date on which the employment of the employee was19-39
terminated.19-40
Sec. 46. NRS 706.1725 is hereby amended to read as follows: 706.1725 1. Any books, accounts, records, minutes, papers and19-42
property of any19-43
goods that are subject to examination pursuant to NRS 706.1518 and20-1
706.172, and are made available to the transportation services authority,20-2
any officer or employee of the transportation services authority, or any20-3
other person under the condition that the disclosure of such information to20-4
the public be withheld or otherwise limited, must not be disclosed to the20-5
public unless the transportation services authority first determines that the20-6
disclosure is justified.20-7
2. The transportation services authority shall take such actions as are20-8
necessary to protect the confidentiality of such information, including,20-9
without limitation:20-10
(a) Granting such protective orders as it deems necessary; and20-11
(b) Holding closed hearings to receive or examine such information.20-12
3. If the transportation services authority closes a hearing to receive or20-13
examine such information, it shall:20-14
(a) Restrict access to the records and transcripts of such hearings20-15
without the prior approval of the transportation services authority or an20-16
order of a court of competent jurisdiction authorizing access to the records20-17
or transcripts; and20-18
(b) Prohibit any participant at such a hearing from disclosing such20-19
information without the prior authorization of the transportation services20-20
authority.20-21
4. The transportation services authority shall consider in an open20-22
meeting whether the information reviewed or examined in a closed hearing20-23
may be disclosed without revealing the confidential subject matter of the20-24
information. To the extent the transportation services authority determines20-25
the information may be disclosed, the information must become a part of20-26
the records available to the public. Information that the transportation20-27
services authority determines may not be disclosed must be kept under seal.20-28
Sec. 47. NRS 706.173 is hereby amended to read as follows: 706.173 1. The transportation services authority or the department20-30
may, by regulation applicable to20-31
20-32
household goods, adopt standards for safety for drivers and vehicles.20-33
2. The department may, by regulation applicable to common,20-34
contract and private motor carriers of passengers or property, taxicab20-35
motor carriers, limousine motor carriers, operators of tow cars and20-36
carriers of household goods, adopt standards for safety for drivers and20-37
vehicles.20-38
3. The department may, by regulation applicable to all motor vehicles20-39
transporting hazardous materials, adopt standards for the transportation of20-40
hazardous materials and hazardous waste as defined in NRS 459.430.20-41
Sec. 48. NRS 706.176 is hereby amended to read as follows: 706.176 The commissioner of the transportation services authority20-43
may:21-1
1. Appoint a deputy who serves in the unclassified service of the state.21-2
2. Employ such other personnel as may be necessary.21-3
Sec. 49. NRS 706.197 is hereby amended to read as follows: 706.197 1. The transportation services authority may collect fees for21-5
the filing of any official document required by this chapter or by a21-6
regulation of the transportation services authority.21-7
2. Filing fees may not exceed:21-8
(a) For applications, $200.21-9
(b) For petitions seeking affirmative relief, $200.21-10
(c) For each tariff page that requires public notice and is not attached to21-11
an application, $10. If more than one page is filed at one time, the total fee21-12
may not exceed the cost of notice and publication.21-13
(d) For all other documents that require public notice, $10.21-14
(e) For an amended application, the cost of publication.21-15
3. If an application or other document is rejected by the transportation21-16
services authority because it is inadequate or inappropriate, the filing fee21-17
must be returned.21-18
4. The transportation services authority may not charge any fee for21-19
filing a complaint.21-20
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 the21-22
transportation services authority regulatory fund, the costs of administration21-23
of21-24
act by the transportation services authority must be paid from the state21-25
highway fund on claims presented by the transportation services authority21-26
or department, approved by the state board of examiners.21-27
Sec. 51. NRS 706.226 is hereby amended to read as follows: 706.226 No common, contract or private motor carrier , taxicab motor21-29
carrier, limousine motor carrier, operator of a tow car or carrier of21-30
household goods may operate on any highway21-31
21-32
provisions of this chapter.21-33
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 this21-35
state are charged with the duty, without further compensation, of assisting21-36
in the enforcement of this chapter.21-37
for this purpose when requested by an authorized agent of the department,21-38
transportation services authority or other competent authority.21-39
Sec. 52. NRS 706.246 is hereby amended to read as follows:21-40
706.246 1. Except as otherwise provided in NRS 706.235:21-41
21-42
limousine motor carrier, operator of a tow car or carrier of household21-43
goods shall not permit or require a driver to drive or tow any vehicle22-1
revealed by inspection or operation to be in such condition that its22-2
operation would be hazardous or likely to result in a breakdown of the22-3
vehicle, and a driver shall not drive or tow any vehicle which by reason of22-4
its mechanical condition is so imminently hazardous to operate as to be22-5
likely to cause an accident or a breakdown of the vehicle. If, while any22-6
vehicle is being operated on a highway, it is discovered to be in such an22-7
unsafe condition, it may be continued in operation, except as further limited22-8
by22-9
repairs can safely be effected, and even that operation may be conducted22-10
only if it is less hazardous to the public than permitting the vehicle to22-11
remain on the highway.22-12
22-13
(b) An operator of a tow car or a carrier of household goods shall not22-14
permit or require a driver to drive or tow, and a driver shall not drive or22-15
tow, any vehicle which:22-16
22-17
hazardous to operate as to be likely to cause an accident or a breakdown;22-18
and22-19
22-20
employee of the transportation services authority .22-21
When the repairs have been made, the operator or carrier shall so certify to22-22
the transportation services authority22-23
22-24
services authority .22-25
(c) A common or contract motor carrier, private motor carrier,22-26
taxicab motor carrier, limousine motor carrier, operator of a tow car or22-27
carrier of household goods shall not permit or require a driver to drive,22-28
and a driver shall not drive, any vehicle which:22-29
(1) By reason of its mechanical condition is so imminently22-30
hazardous to operate as to be likely to cause an accident or a breakdown;22-31
and22-32
(2) Has been declared "out of service" by an authorized employee22-33
of the department.22-34
When the repairs have been made, the carrier or operator, as22-35
appropriate, shall so certify to the department, as required by the22-36
department.22-37
2. The transportation services authority may adopt such regulations22-38
as are necessary to carry out a program for inspecting vehicles pursuant22-39
to this section.22-40
Sec. 53. NRS 706.251 is hereby amended to read as follows: 706.251 1. Every person operating a vehicle used by any motor22-42
carrier under the jurisdiction of the transportation services authority shall22-43
forthwith report each accident occurring on the public highway, wherein the23-1
vehicle may have injured the person or property of some person other than23-2
the person or property carried by the vehicle, to the sheriff or other peace23-3
officer of the county where the accident occurred. If the accident23-4
immediately or proximately causes death, the person in charge of the23-5
vehicle, or any officer investigating the accident, shall furnish to the23-6
transportation services authority such detailed report thereof as required by23-7
the transportation services authority.23-8
2. All accident reports required in this section must be filed in the23-9
office of the transportation services authority and there preserved. An23-10
accident report made as required by this chapter, or any report of the23-11
transportation services authority made pursuant to any accident23-12
investigation made by it, is not open to public inspection and must not be23-13
disclosed to any person, except upon order of the transportation services23-14
authority. The reports must not be admitted as evidence or used for any23-15
purpose in any action for damages growing out of any matter mentioned in23-16
the accident report or report of any such investigation.23-17
Sec. 54. NRS 706.256 is hereby amended to read as follows: 706.256 The transportation services authority may, in the interest of23-19
safety or service, after hearing:23-20
1. Determine and order repairs of facilities of23-21
23-22
2. Order the use of safety appliances by such operators or carriers in23-23
the interest of the public and employees.23-24
Sec. 55. NRS 706.281 is hereby amended to read as follows:23-25
706.28123-26
chapter, each motor vehicle23-27
23-28
authority must have the name of the person or operator operating the23-29
vehicle prominently and conspicuously displayed on both sides of the23-30
vehicle in such location, size and style as may be specified by the23-31
transportation services authority. The display shall not be deemed to be23-32
advertising for the purposes of NRS 706.285 unless additional information23-33
about the operator is included.23-34
23-35
23-36
23-37
23-38
23-39
Sec. 56. NRS 706.285 is hereby amended to read as follows: 706.285 All advertising by23-41
23-42
23-43
contract motor carrier with regard to the transportation of household24-1
goods, must include the number of the certificate of public convenience and24-2
necessity or contract carrier’s permit issued to him by the transportation24-3
services authority.24-4
Sec. 57. NRS 706.2855 is hereby amended to read as follows: 706.2855 1. If the transportation services authority finds, after24-6
notice and hearing, that a person has violated NRS 706.285, the24-7
transportation services authority may, in addition to any penalty,24-8
punishment or disciplinary action authorized by this chapter, petition a24-9
court of competent jurisdiction for an injunction prohibiting the person24-10
from continuing to:24-11
(a) Engage in advertising that violates the provisions of NRS 706.285;24-12
or24-13
(b) Use any telephone number mentioned in such advertising for any24-14
purpose.24-15
2. If the court finds that the respondent has engaged in advertising that24-16
is unlawful pursuant to NRS 706.285, the court shall:24-17
(a) Enjoin him from continuing the advertising.24-18
(b) Enjoin him from using the telephone number mentioned in the24-19
advertising for any purpose.24-20
(c) Issue an order that requires the telephone number mentioned in the24-21
advertising to be disconnected.24-22
(d) Forward a copy of the order to the appropriate provider of telephone24-23
service within 5 days after issuing the order.24-24
(e) If the transportation services authority has revoked the certificate24-25
of public convenience and necessity of the respondent, cancel the local24-26
business licenses and permits relating to the operation of the respondent24-27
that is subject to the jurisdiction of the transportation services authority24-28
that have been issued to the respondent.24-29
3. As used in this section, "provider of telephone service" includes, but24-30
is not limited to:24-31
(a) A public utility furnishing telephone service.24-32
(b) A provider of cellular or other service to a telephone that is installed24-33
in a vehicle or is otherwise portable.24-34
Sec. 58. NRS 706.286 is hereby amended to read as follows: 706.286 1.24-36
24-37
household goods, or contract motor carrier with regard to the24-38
transportation of household goods, that:24-39
(a) Any of the rates, tolls, charges or schedules, or any joint rate or rates24-40
assessed by any24-41
towing services performed without the prior consent of the owner of the24-42
vehicle or the person authorized by the owner to operate the vehicle , or24-43
any carrier of household goods, or contract motor carrier with regard to25-1
the transportation of household goods are in any respect unreasonable or25-2
unjustly discriminatory;25-3
(b) Any of the provisions of NRS 706.445 to 706.453, inclusive, have25-4
been violated;25-5
(c) Any regulation, measurement, practice or act directly relating to the25-6
transportation of persons or property, including the handling and storage of25-7
that property, is, in any respect, unreasonable, insufficient or unjustly25-8
discriminatory; or25-9
(d) Any service is inadequate,25-10
the transportation services authority shall investigate the complaint. After25-11
receiving the complaint, the transportation services authority shall give a25-12
copy of25-13
carrier of household goods against25-14
made. Within a reasonable time thereafter, the25-15
car or carrier of household goods shall provide the transportation services25-16
authority with25-17
regulations of the transportation services authority.25-18
2. If the transportation services authority determines that probable25-19
cause exists for the complaint, it shall order a hearing thereof, give notice25-20
of the hearing and conduct the hearing as it would any other hearing. If the25-21
complaint has been filed against an operator of a tow car by another25-22
operator of a tow car, against any carrier of household goods by another25-23
carrier of household goods, or against any contract motor carrier with25-24
regard to the transportation of household goods, and the transportation25-25
services authority does not find probable cause for the complaint, the25-26
transportation services authority may recover from the complainant the25-27
cost of court reporting and investigation, and other necessary expenses25-28
incurred by the transportation services authority.25-29
3. No order affecting a rate, toll, charge, schedule, regulation,25-30
measurement, practice or act complained of may be entered without a25-31
formal hearing unless the hearing is dispensed with as provided in NRS25-32
706.2865.25-33
Sec. 59. NRS 706.2865 is hereby amended to read as follows: 706.2865 1. When, in any matter pending before the transportation25-35
services authority, a hearing is required by law, or is normally required by25-36
the transportation services authority, the transportation services authority25-37
shall give notice of the pendency of the matter to all persons entitled to25-38
notice of the hearing. The transportation services authority shall by25-39
regulation specify:25-40
(a) The manner of giving notice; and25-41
(b) Where not specified by law, the persons entitled to notice in each25-42
type of proceeding.26-1
2. Unless, within 10 days after the date of the notice of pendency, a26-2
person entitled to notice of the hearing files with the transportation26-3
services authority a request that the hearing be held, the transportation26-4
services authority may dispense with a hearing and act upon the matter26-5
pending.26-6
3. If a request for a hearing is filed, the transportation services26-7
authority shall give at least 10 days’ notice of the hearing.26-8
4. If an operator of a tow car files an application for a certificate of26-9
public convenience and necessity or an application to transfer a certificate26-10
of public convenience and necessity with the authority, the authority shall26-11
give notice pursuant to the provisions of subsection 1.26-12
Sec. 60. NRS 706.2873 is hereby amended to read as follows: 706.2873 1. A complete record must be kept of all hearings before26-14
the transportation services authority, and all testimony must be taken down26-15
by the stenographer appointed by the transportation services authority, or,26-16
under the direction of any competent person appointed by the26-17
transportation services authority, reported by sound recording equipment26-18
in the manner authorized for reporting testimony in district courts. The26-19
testimony reported by a stenographer must be transcribed and filed with the26-20
record in the matter. The transportation services authority may by26-21
regulation provide for the transcription or safekeeping of sound recordings.26-22
The costs of recording and transcribing testimony at any hearing, except26-23
those hearings ordered pursuant to NRS 706.286 must be paid by the26-24
applicant. If a complaint is made pursuant to NRS 706.286 by a customer26-25
or by a political subdivision of this state or a municipal organization, the26-26
complainant is not liable for any costs. Otherwise, if there are several26-27
applicants or parties to any hearing, the transportation services authority26-28
may apportion the costs among them in its discretion.26-29
2. Whenever any petition is served upon the transportation services26-30
authority, before the action is reached for trial, the transportation services26-31
authority shall file a certified copy of all proceedings and testimony taken26-32
with the clerk of the court in which the action is pending.26-33
3. A copy of the proceedings and testimony must be furnished to any26-34
party, on payment of a reasonable amount, to be fixed by the26-35
transportation services authority, and the amount must be the same for all26-36
parties.26-37
4. The provisions of this section do not prohibit the transportation26-38
services authority from restricting access to the records and transcripts of a26-39
hearing pursuant to subsection 2 of NRS 706.1725.26-40
Sec. 61. NRS 706.2875 is hereby amended to read as follows: 706.2875 1. Any party is entitled to an order by the transportation26-42
services authority for the appearance of witnesses or the production of26-43
books, papers and documents containing material testimony.27-1
2. Witnesses appearing upon the order of the transportation services27-2
authority are entitled to the same fees and mileage as witnesses in civil27-3
actions in the courts of this state .27-4
27-5
27-6
pursuant to an order of the transportation services authority unless the27-7
27-8
the correctness of the claim.27-9
Sec. 62. NRS 706.288 is hereby amended to read as follows: 706.288 The transportation services authority may require, by order to27-11
be served on any person regulated by the transportation services authority27-12
in the same manner as a subpoena in a civil action, the production at a time27-13
and place designated by the transportation services authority of any books,27-14
accounts, papers or records kept by the person in any office or place27-15
outside this state, or verified copies in lieu thereof if the transportation27-16
services authority so directs, so that an examination may be made by the27-17
transportation services authority or under its direction, or for use as27-18
testimony.27-19
Sec. 62.5. NRS 706.2883 is hereby amended to read as follows:27-20
706.2883 Any person who is aggrieved by any action or inaction of27-21
27-22
review of the decision in the manner provided by chapter 233B of NRS.27-23
The transportation services authority may adopt such regulations as may be27-24
necessary to provide for its review of decisions of27-25
Sec. 63. NRS 706.2885 is hereby amended to read as follows: 706.2885 1. A certificate of public convenience and necessity27-27
27-28
by the transportation services authority is not a franchise and may be27-29
revoked.27-30
2. The transportation services authority may at any time, for good27-31
cause shown, after investigation and hearing and upon 5 days’ written27-32
notice to the grantee, suspend any certificate27-33
issued in accordance with the provisions of NRS27-34
706.791, inclusive, and section 11 of this act, for a period not to exceed 6027-35
days.27-36
3. Upon receipt of a written complaint or on its own motion, the27-37
transportation services authority may, after investigation and hearing,27-38
revoke any certificate27-39
notice required by subsection 2 cannot be made or if the grantee27-40
relinquishes his interest in the certificate27-41
so notifying the transportation services authority in writing, the27-42
transportation services authority may revoke the certificate27-43
28-1
4. The proceedings thereafter are governed by the provisions of28-2
chapter 233B of NRS.28-3
Sec. 64. NRS 706.291 is hereby amended to read as follows: 706.291 1. The28-5
28-6
28-7
28-8
28-9
28-10
28-11
28-12
motor carrier ,28-13
operator of a tow car or carrier of household goods within such time and28-14
in such amounts as the department may designate, to file with the28-15
department in a form required and approved by the department a liability28-16
insurance policy, or a certificate of insurance in lieu thereof, a bond of a28-17
surety company, or other surety, in such reasonable sum as the department28-18
may deem necessary to protect adequately the interests of the public. In28-19
determining the amount of liability insurance or other surety required of a28-20
carrier or operator pursuant to this subsection, the department shall create a28-21
separate category for vehicles with a manufacturer’s gross vehicle weight28-22
rating of less than 26,000 pounds and impose a lesser requirement with28-23
respect to such vehicles.28-24
28-25
surety company or other surety must bind the obligors thereunder to pay the28-26
compensation for injuries to persons or for loss or damage to property28-27
resulting from the negligent operation of the carrier28-28
28-29
3. The department may28-30
28-31
subsection 1.28-32
Sec. 65. NRS 706.296 is hereby amended to read as follows: 706.296 Every common and contract motor carrier28-34
household goods which engages in transportation intrastate and the28-35
collection of the purchase price of goods sold by the shipper to the28-36
consignee shall provide a bond, to be filed with the28-37
department, for the benefit of the shipper in an amount which the28-38
28-39
to exceed $1,000, to insure the shipper against any loss of the28-40
money so collected by the carrier through misappropriation, negligence or28-41
other defalcations.29-1
Sec. 66. NRS 706.303 is hereby amended to read as follows: 706.303 The29-3
all operators of horse-drawn vehicles29-4
29-5
to persons and damage to property for each such vehicle. The amounts of29-6
coverage required by the regulations:29-7
1. Must not exceed a total of:29-8
(a) For bodily injury to or the death of one person in any one accident,29-9
$250,000;29-10
(b) Subject to the limitations of paragraph (a), for bodily injury to or29-11
death of two or more persons in any one accident, $500,000; and29-12
(c) For injury to or destruction of property in any one accident, $50,000;29-13
or29-14
2. Must not exceed a combined single-limit for bodily injury to one or29-15
more persons and for injury to or destruction of property in any one29-16
accident, $500,000.29-17
Sec. 67. NRS 706.305 is hereby amended to read as follows:29-18
706.305 The29-19
all operators of taxicabs subject to29-20
taxicab authority to maintain a contract of insurance against liability for29-21
injury to persons and damage to property for each taxicab. The amounts of29-22
coverage required by the regulations:29-23
1. Must not exceed a total of:29-24
(a) For bodily injury to or the death of one person in any one accident,29-25
$250,000;29-26
(b) Subject to the limitations of paragraph (a), for bodily injury to or29-27
death of two or more persons in any one accident, $500,000; and29-28
(c) For injury to or destruction of property in any one accident, $50,000;29-29
or29-30
2. Must not exceed a combined single-limit for bodily injury to one or29-31
more persons and for injury to or destruction of property in any one29-32
accident, $500,000.29-33
Sec. 68. NRS 706.3052 is hereby amended to read as follows: 706.3052 1. Except as otherwise provided in subsection 2, an29-35
operator of a taxicab may operate under a program of self-insurance in29-36
compliance with the provisions of NRS 706.3054 or 706.3056 in lieu of the29-37
insurance against liability required by the regulations adopted pursuant to29-38
NRS 706.305.29-39
2. An operator of a taxicab shall not operate under a program of self-29-40
insurance if any judgment recovered against him has not been paid in full.29-41
3. An operator of a taxicab to whom the department has issued a29-42
certificate of self-insurance may self-insure the first $50,000, combined30-1
single-limit, per accident, of the coverage required by the regulations30-2
adopted pursuant to NRS 706.305.30-3
Sec. 69. NRS 706.311 is hereby amended to read as follows: 706.311 1. Except as otherwise provided in subsection 2, every30-5
30-6
furnish reasonably adequate service and facilities, and all transportation30-7
charges made by any such carrier must be just and reasonable.30-8
2. Every operator of a tow car is required to furnish reasonably30-9
adequate service and facilities, and all charges assessed for towing services30-10
performed without the prior consent of the owner of the vehicle or the30-11
person authorized by the owner to operate the vehicle must be just and30-12
reasonable.30-13
3. Every unjust and unreasonable charge for such service by any such30-14
carrier or operator of a tow car is prohibited and shall be deemed to be30-15
unlawful.30-16
Sec. 70. NRS 706.321 is hereby amended to read as follows: 706.321 1.30-18
30-19
file with the transportation services authority:30-20
(a) Within a time to be fixed by the transportation services authority,30-21
schedules and tariffs that must:30-22
(1) Be open to public inspection; and30-23
(2) Include all rates30-24
established and which are in force at the time of filing for any service30-25
performed in connection therewith by any carrier controlled and operated30-26
by it.30-27
(b) As a part of that schedule, all regulations of the carrier that in any30-28
manner affect the rates30-29
and all regulations of the carrier that the carrier has adopted to comply with30-30
the provisions of NRS 706.011 to 706.791, inclusive30-31
this act.30-32
2. Every operator of a tow car shall file with the transportation30-33
services authority:30-34
(a) Within a time to be fixed by the transportation services authority,30-35
schedules and tariffs that must:30-36
(1) Be open to public inspection; and30-37
(2) Include all rates and charges for towing services performed30-38
without the prior consent of the owner of the vehicle or the person30-39
authorized by the owner to operate the vehicle which the operator has30-40
established and which are in force at the time of filing.30-41
(b) As a part of that schedule, all regulations of the operator of the tow30-42
car which in any manner affect the rates charged or to be charged for30-43
towing services performed without the prior consent of the owner of the31-1
vehicle or the person authorized by the owner to operate the vehicle and all31-2
regulations of the operator of the tow car that the operator has adopted to31-3
comply with the provisions of NRS31-4
inclusive31-5
3. No changes may be made31-6
31-7
31-8
31-9
31-10
services authority, upon application of any31-11
or carrier of household goods, may prescribe a shorter time within which31-12
changes may be made. The31-13
operator of a tow car or carrier of household goods gives written notice to31-14
the transportation services authority 10 days before the effective date of its31-15
participation in a tariff bureau’s rates and tariffs, provided the rates and31-16
tariffs have been previously filed with and approved by the transportation31-17
services authority.31-18
31-19
own motion, investigate any of the rates, fares, charges, regulations,31-20
practices and services filed pursuant to this section and, after hearing, by31-21
order, make such changes as may be just and reasonable.31-22
31-23
hearing on any change requested in rates, fares, charges, regulations,31-24
practices or service filed pursuant to this section.31-25
31-26
regulations, practices and services fixed by the transportation services31-27
authority are in force, and are prima facie lawful, from the date of the order31-28
until changed or modified by the transportation services authority, or31-29
pursuant to NRS 706.2883.31-30
31-31
31-32
31-33
31-34
Sec. 71. NRS 706.323 is hereby amended to read as follows: 706.323 1. Except as otherwise provided in subsection 2, the31-36
transportation services authority may not investigate, suspend, revise or31-37
revoke any rate that is subject to the approval of the transportation services31-38
authority pursuant to NRS 706.321 and proposed by31-39
31-40
household goods because the rate is too high or too low and therefore31-41
unreasonable if:31-42
(a) The31-43
goods notifies the transportation services authority that it wishes to have32-1
the rate reviewed by the transportation services authority pursuant to this32-2
subsection; and32-3
(b) The rate resulting from all increases or decreases within 1 year is not32-4
more than 10 percent above or 10 percent below the rate in effect 1 year32-5
before the effective date of the proposed rate.32-6
2. This section does not limit the authority of the transportation32-7
services authority to investigate, suspend, revise or revoke a proposed rate32-8
if the rate would violate the provisions of NRS 706.151.32-9
Sec. 72. NRS 706.326 is hereby amended to read as follows: 706.326 1. Whenever there is filed with the transportation services32-11
authority pursuant to NRS 706.321 any schedule or tariff stating a new or32-12
revised individual or joint rate, fare or charge, or any new or revised32-13
individual or joint regulation or practice affecting any rate, fare or charge,32-14
or any schedule or tariff resulting in a discontinuance, modification or32-15
restriction of service, the transportation services authority may commence32-16
an investigation or, upon reasonable notice, hold a hearing concerning the32-17
propriety of the rate, fare, charge, classification, regulation, discontinuance,32-18
modification, restriction or practice.32-19
2. Pending the investigation or hearing and the decision thereon, the32-20
transportation services authority, upon delivering to the32-21
32-22
goods affected thereby a statement in writing of its reasons for the32-23
suspension, may suspend the operation of the schedule or tariff and defer32-24
the use of the rate, fare, charge, classification, regulation, discontinuance,32-25
modification, restriction or practice, but not for a longer period than 15032-26
days beyond the32-27
regulation, discontinuance, modification, restriction or practice would32-28
otherwise go into effect.32-29
3. After full investigation or hearing, whether completed before or after32-30
the date upon which the rate, fare, charge, classification, regulation,32-31
discontinuance, modification, restriction or practice is to go into effect, the32-32
transportation services authority may make such order in reference to the32-33
rate, fare, charge, classification, regulation, discontinuance, modification,32-34
restriction or practice as would be proper in a proceeding initiated after the32-35
rate, fare, charge, classification, regulation, discontinuance, modification,32-36
restriction or practice has become effective.32-37
4. The transportation services authority shall determine whether it is32-38
necessary to hold a hearing to consider the proposed change in any32-39
schedule stating a new or revised individual or joint rate, fare or charge. In32-40
making that determination, the transportation services authority shall32-41
consider all timely written protests, any presentation the staff of the32-42
transportation services authority may desire to present, the application and32-43
any other matters deemed relevant by the transportation services authority.33-1
Sec. 73. NRS 706.331 is hereby amended to read as follows: 706.331 1. If, after due investigation and hearing, any authorized33-3
rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation33-4
33-5
transportation services authority is complained of and is found to be33-6
unjust, unreasonable, insufficient, preferential, unjustly discriminatory or33-7
otherwise in violation of the provisions of this chapter, or if it is found that33-8
the service is inadequate, or that any reasonable service cannot be obtained,33-9
the transportation services authority may substitute therefor such other33-10
rates, tolls, fares, charges, tariffs, schedules or regulations,33-11
33-12
and reasonable.33-13
2. When complaint is made of more than one matter, the33-14
transportation services authority may order separate hearings upon the33-15
several matters complained of at such times and places as it may prescribe.33-16
3. No complaint may at any time be dismissed because of the absence33-17
of direct damage to the complainant.33-18
4. The transportation services authority may at any time, upon its own33-19
motion, investigate any of the matters listed in subsection 1, and, after a full33-20
hearing, by order, make such changes as may be just and reasonable, the33-21
same as if a formal complaint had been made.33-22
Sec. 74. NRS 706.341 is hereby amended to read as follows: 706.341 1. An operator of a tow car shall, in the manner prescribed33-24
by the transportation services authority, notify the transportation services33-25
authority if the operator discontinues providing towing services from an33-26
operating terminal or establishes a new operating terminal from which a33-27
tow car provides towing services within 30 days after the operator33-28
discontinues providing towing services from an operating terminal or33-29
commences operations at the new terminal.33-30
2. A33-31
carrier of household goods authorized to operate by NRS 706.011 to33-32
706.791, inclusive, and section 11 of this act shall not discontinue any33-33
service established pursuant to the provisions of NRS 706.011 to 706.791,33-34
inclusive, and section 11 of this act and all other laws relating thereto and33-35
made applicable thereto by NRS 706.011 to 706.791, inclusive, and33-36
section 11 of this act without an order of the transportation services33-37
authority granted only after public notice or hearing in the event of protest.33-38
Sec. 75. NRS 706.346 is hereby amended to read as follows: 706.346 1. Except as otherwise provided in subsection 3, a copy, or33-40
so much of the schedule or tariff as the transportation services authority33-41
determines necessary for the use of the public, must be printed in plain type33-42
and posted33-43
34-1
household goods in such places as the transportation services authority34-2
may require which are open to the public34-3
to be readily accessible to the public and conveniently inspected.34-4
2. Except as otherwise provided in subsection 3,34-5
or tariff of joint rates or charges is or may be in force between two or more34-6
34-7
operators of tow cars or two or more carriers of household goods, the34-8
schedule or tariff must be printed and posted in the manner prescribed in34-9
subsection 1.34-10
3. Only the rates for towing services performed without the prior34-11
consent of the owner of the vehicle or the person authorized by the owner34-12
to operate the vehicle must be printed and posted by an operator of a tow34-13
car pursuant to subsections 1 and 2.34-14
Sec. 76. NRS 706.351 is hereby amended to read as follows: 706.351 1. It is unlawful for:34-16
(a) A34-17
to furnish any pass, frank, free or reduced rates for transportation to any34-18
state, city, district, county or municipal officer of this state or to any person34-19
other than those specifically enumerated in this section.34-20
(b) Any person other than those specifically enumerated in this section34-21
to receive any pass, frank, free or reduced rates for transportation.34-22
2. This section does not prevent the carriage, storage or hauling free or34-23
at reduced rates of passengers or property for charitable organizations or34-24
purposes for the United States, the State of Nevada or any political34-25
subdivision thereof.34-26
3. This chapter does not prohibit a fully regulated common carrier from34-27
giving free or reduced rates for transportation of persons to:34-28
(a) Its own officers, commission agents or employees, or members of34-29
any profession licensed under Title 54 of NRS retained by it, and members34-30
of their families.34-31
(b) Inmates of hospitals or charitable institutions and persons over 6034-32
years of age.34-33
(c) Persons who are physically handicapped or mentally handicapped34-34
and who present a written statement from a physician to that effect.34-35
(d) Persons injured in accidents or wrecks and physicians and nurses34-36
attending such persons.34-37
(e) Persons providing relief in cases of common disaster.34-38
(f) Attendants of livestock or other property requiring the care of an34-39
attendant, who must be given return passage to the place of shipment, if34-40
there is no discrimination among shippers of a similar class.34-41
(g) Officers, agents, employees or members of any profession licensed34-42
under Title 54 of NRS, together with members of their families, who are35-1
employed by or affiliated with other common carriers, if there is an35-2
interchange of free or reduced rates for transportation.35-3
(h) Indigent, destitute or homeless persons when under the care or35-4
responsibility of charitable societies, institutions or hospitals, together with35-5
the necessary agents employed in such transportation.35-6
(i) Students of institutions of learning, including, without limitation,35-7
homeless students, whether the free or reduced rate is given directly to a35-8
student or to the board of trustees of a school district on behalf of a student.35-9
(j) Groups of persons participating in a tour for a purpose other than35-10
transportation.35-11
4. This section does not prohibit35-12
household goods from giving free or reduced rates for the transportation of35-13
property of:35-14
(a) Their officers, commission agents or employees, or members of any35-15
profession licensed under Title 54 of NRS retained by them, or pensioned35-16
or disabled former employees, together with that of their dependents.35-17
(b) Witnesses attending any legal investigations in which such carriers35-18
are interested.35-19
(c) Persons providing relief in cases of common disaster.35-20
(d) Charitable organizations providing food and items for personal35-21
hygiene to needy persons or to other charitable organizations within this35-22
state.35-23
5.35-24
35-25
35-26
35-27
35-28
35-29
35-30
35-31
(a) Furloughed, pensioned and superannuated employees.35-32
(b) Persons who have become disabled or infirm in the service of35-33
35-34
limousine motor carrier.35-35
(c) Persons who are traveling to enter the service of such a carrier.35-36
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 equal35-38
enjoyment of the services and facilities of any common motor carrier of35-39
passengers, contract motor carrier of passengers , taxicab motor carrier,35-40
limousine motor carrier or other entity providing a means of public35-41
conveyance and transportation operating within this state.35-42
2. A common motor carrier of passengers, a contract motor carrier of35-43
passengers , a taxicab motor carrier, a limousine motor carrier and other36-1
entities providing means of public conveyance and transportation shall36-2
designate a person responsible for ensuring that the carrier complies with36-3
the applicable provisions of the Americans with Disabilities Act of 1990,36-4
42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611,36-5
and the regulations adopted pursuant to that act.36-6
3. The person designated pursuant to subsection 2 shall conduct36-7
training sessions for the employees of the carrier or entity. Each employee36-8
must be provided at least 3 hours of training during one or more training36-9
sessions. During the training sessions, the designee shall:36-10
(a) Describe the carrier’s plan for compliance with the Americans with36-11
Disabilities Act of 1990 and the regulations adopted pursuant to that act;36-12
(b) Explain the obligations of the employees to assist a person with a36-13
disability to store a mobility device;36-14
(c) Explain the illegality of charging an additional fee or a higher fare to36-15
a person with a disability; and36-16
(d) Ensure that each employee is trained in accordance with the36-17
requirements of 49 C.F.R. § 37.173.36-18
4. It is unlawful for any person to deny any of the privileges granted by36-19
subsection 1.36-20
5. It is unlawful for any common motor carrier, contract motor carrier ,36-21
taxicab motor carrier, limousine motor carrier or other entity providing a36-22
means of public conveyance or transportation operating within this state, to:36-23
(a) Deny the equal enjoyment of its services and facilities to a person36-24
with a disability by the arbitrary, capricious or unreasonable interference,36-25
direct or indirect, with the use of aids and appliances used by a person with36-26
a disability;36-27
(b) Fail to designate a person pursuant to subsection 2; or36-28
(c) Fail to conduct the training sessions in the manner described in36-29
subsection 3.36-30
6. As used in this section, "disability" has the meaning ascribed to it in36-31
49 C.F.R. § 37.3.36-32
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 ,36-34
taxicab motor carrier, limousine motor carrier or other means of public36-35
conveyance or transportation operating in this state to:36-36
(a) Refuse service to a visually, aurally or physically handicapped36-37
person because he is accompanied by a guide dog, hearing dog, helping36-38
dog or other service animal;36-39
(b) Refuse service to a person who is training a guide dog, hearing dog,36-40
helping dog or other service animal because he is accompanied by such an36-41
animal; or36-42
(c) Charge an additional fee for such an animal.37-1
2. This section does not relieve a visually, aurally or physically37-2
handicapped person or a person who trains a guide dog, hearing dog,37-3
helping dog or other service animal from liability for damage which may be37-4
caused by his animal.37-5
3. Visually, aurally or physically handicapped persons accompanied by37-6
guide dogs, hearing dogs, helping dogs or other service animals are subject37-7
to the same conditions and limitations that apply to persons who are not so37-8
handicapped and accompanied.37-9
4. For the purposes of this section, the terms "guide dog," "hearing37-10
dog," "helping dog" and "service animal" have the meanings ascribed to37-11
them respectively in NRS 426.075, 426.081, 426.083 and 426.097.37-12
Sec. 79. NRS 706.386 is hereby amended to read as follows: 706.386 It is unlawful, except as otherwise provided in NRS37-14
37-15
37-16
37-17
without the prior consent of the owner of the vehicle or the person37-18
authorized by the owner to operate the vehicle, or as a carrier of37-19
household goods or a contract motor carrier with regard to the37-20
transportation of household goods, within this state without first obtaining37-21
a certificate of public convenience and necessity from the transportation37-22
services authority.37-23
Sec. 79.5. NRS 706.391 is hereby amended to read as follows:37-24
706.391 1. Upon the filing of an application for a certificate of public37-25
convenience and necessity to operate as a37-26
37-27
services authority shall fix a time and place for hearing thereon.37-28
2. The transportation services authority shall issue such a certificate if37-29
it finds that:37-30
(a) The applicant is fit, willing and able to perform the services of a37-31
37-32
(b) The proposed operation will be consistent with the legislative37-33
policies set forth in NRS 706.151;37-34
(c) The granting of the certificate will not unreasonably and adversely37-35
affect other carriers of household goods operating in the territory for which37-36
the certificate is sought; and37-37
(d) The proposed service will benefit the traveling and shipping public37-38
and the37-39
state.37-40
3. The transportation services authority shall not find that the potential37-41
creation of competition in a territory which may be caused by the granting37-42
of a certificate, by itself, will unreasonably and adversely affect other38-1
carriers operating in the territory for the purposes of paragraph (c) of38-2
subsection 2.38-3
4. An applicant for such a certificate has the burden of proving to the38-4
transportation services authority that the proposed operation will meet the38-5
requirements of subsection 2.38-6
5. The transportation services authority may issue a certificate of38-7
public convenience and necessity to operate as a38-8
carrier of household goods, or issue it for:38-9
(a) The exercise of the privilege sought.38-10
(b) The partial exercise of the privilege sought.38-11
6. The transportation services authority may attach to the certificate38-12
such terms and conditions as, in its judgment, the public interest may38-13
require.38-14
7. The transportation services authority may dispense with the hearing38-15
on the application if, upon the expiration of the time fixed in the notice38-16
thereof, no petition to intervene has been filed on behalf of any person who38-17
has filed a protest against the granting of the certificate.38-18
Sec. 80. NRS 706.398 is hereby amended to read as follows: 706.398 The transportation services authority:38-20
1. Shall revoke or suspend, pursuant to the provisions of this chapter,38-21
the certificate of public convenience and necessity of38-22
38-23
has failed to:38-24
(a) File the annual report required by NRS 706.167 within 60 days after38-25
the report is due; or38-26
(b) Operate as38-27
car or carrier of household goods in this state under the terms and38-28
conditions of its certificate,38-29
unless the operator or carrier has obtained the prior permission of the38-30
transportation services authority.38-31
2. May revoke or suspend, pursuant to the provisions of NRS38-32
706.2885, the certificate of public convenience and necessity of38-33
38-34
which has failed to comply with any provision of this chapter or any38-35
regulation of the transportation services authority adopted pursuant38-36
thereto.38-37
Sec. 81. NRS 706.411 is hereby amended to read as follows: 706.411 Every order by the transportation services authority refusing38-39
or granting any certificates of public convenience and necessity, or granting38-40
or refusing permission to discontinue, modify or restrict service is prima38-41
facie lawful from the date of the order until changed or modified by the38-42
order of the transportation services authority pursuant to the provisions of38-43
this chapter.39-1
Sec. 81.1. NRS 706.421 is hereby amended to read as follows:39-2
706.421 It is unlawful for any person to act as a contract motor carrier39-3
39-4
within this state in intrastate commerce without first having obtained a39-5
permit therefor.39-6
Sec. 81.3. NRS 706.426 is hereby amended to read as follows:39-7
706.426 An application for a permit for a new operation as a contract39-8
motor carrier39-9
must be:39-10
1. Made to the transportation services authority in writing.39-11
2. In such form and be accompanied by such information as the39-12
transportation services authority may require.39-13
Sec. 81.5. NRS 706.431 is hereby amended to read as follows:39-14
706.431 1. A permit may be issued to any applicant therefor,39-15
authorizing in whole or in part the operation covered by the application, if39-16
it appears from the application or from any hearing held thereon that:39-17
(a) The applicant is fit, willing and able properly to perform the service39-18
of a contract motor carrier and to conform to all provisions of NRS39-19
706.011 to 706.791, inclusive, and section 11 of this act, and the39-20
regulations adopted thereunder; and39-21
(b) The proposed operation will be consistent with the public interest39-22
and will not operate to defeat the legislative policy set forth in NRS39-23
706.151.39-24
2. An application must be denied if the provisions of subsection 1 are39-25
not met.39-26
3. The transportation services authority shall revoke or suspend39-27
pursuant to the provisions of this chapter the permit of a contract motor39-28
carrier who has failed to file the annual report required in NRS 706.16739-29
within 60 days after the report is due.39-30
4. The transportation services authority shall adopt regulations39-31
providing for a procedure by which any contract entered into by a contract39-32
motor carrier after he has been issued a permit pursuant to this section may39-33
be approved by the transportation services authority without giving notice39-34
required by statute or by a regulation of the transportation services39-35
authority.39-36
Sec. 81.7. NRS 706.442 is hereby amended to read as follows:39-37
706.442 Any person engaging in the intrastate transportation or storage39-38
of household goods shall comply with the following requirements:39-39
1. Upon the request of a person seeking service, the carrier of39-40
household goods shall provide the person with a written, binding estimate39-41
of the cost of providing the requested service.39-42
2. The charges assessed for the service rendered may not exceed the39-43
amount in the written estimate, unless the customer requested services in40-1
addition to those included in the written estimate and agreed to pay40-2
additional charges.40-3
3. If the person for whom service was provided pays any amount40-4
consistent with the provisions of subsection 2, the provider of service shall40-5
release immediately any household goods that were transported or stored to40-6
that person.40-7
4. If a person requesting service alleges that any household goods were40-8
damaged or lost, the person that provided the service shall:40-9
(a) Attempt to resolve the dispute; and40-10
(b) Identify the carrier of his insurance and explain the procedures to file40-11
a claim.40-12
5. The provider of service shall advise all persons for whom service is40-13
to be performed of their right to file a complaint with the transportation40-14
services authority and provide the address and telephone number of the40-15
nearest business office of the transportation services authority.40-16
6. Any other terms and conditions which the transportation services40-17
authority may by regulation prescribe to protect the public.40-18
Sec. 81.9. NRS 706.443 is hereby amended to read as follows:40-19
706.443 1. The provisions of NRS 706.442 apply whether or not the40-20
person providing the service has received authority to operate from the40-21
transportation services authority.40-22
2. The transportation services authority shall enforce the provisions of40-23
NRS 706.442 and consider complaints regarding violations of the40-24
provisions of that section pursuant to the provisions of this chapter. In40-25
addition to any other remedies, the transportation services authority may40-26
order the release of any household goods that are being held by the40-27
provider of service subject to the terms and conditions that the40-28
transportation services authority determines to be appropriate and may40-29
order the refund of overcharges.40-30
3. The transportation services authority may use the remedies40-31
provided in NRS 706.457, 706.461, 706.756, 706.761, 706.771 and40-32
706.779 and any other remedy available under other law.40-33
4. The transportation services authority shall adopt regulations40-34
regarding the administration and enforcement of this section and NRS40-35
706.442.40-36
Sec. 82. NRS 706.445 is hereby amended to read as follows: 706.445 The transportation services authority may not regulate the:40-38
1. Geographical area in which towing services performed without the40-39
prior consent of the owner of the vehicle or the person authorized by the40-40
owner to operate the vehicle are provided;40-41
2. Types of towing services performed without the prior consent of40-42
the owner of the vehicle or the person authorized by the owner to operate40-43
the vehicle that are provided; or41-1
3. Rates and charges assessed or the terms and conditions imposed for41-2
towing services performed with the prior consent of the owner of the41-3
vehicle or the person authorized by the owner to operate the vehicle,41-4
by an operator of a tow car.41-5
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 a41-7
tow car who provides towing for a licensed motor club regulated pursuant41-8
to chapter 696A of NRS to obtain a certificate of public convenience and41-9
necessity or to comply with the regulations or rates adopted by the41-10
transportation services authority to provide that towing.41-11
Sec. 84. NRS 706.4463 is hereby amended to read as follows: 706.4463 1. In addition to the other requirements of this chapter,41-13
each operator of a tow car shall, to protect the health, safety and welfare of41-14
the public:41-15
(a) Obtain a certificate of public convenience and necessity from the41-16
transportation services authority before he provides any services other than41-17
those services which he provides as a private motor carrier of property41-18
pursuant to the provisions of this chapter;41-19
(b) Use a tow car of sufficient size and weight which is appropriately41-20
equipped to transport safely the vehicle which is being towed; and41-21
(c) Comply with the provisions of NRS41-22
inclusive41-23
2. A person who wishes to obtain a certificate of public convenience41-24
and necessity to operate a tow car must file an application with the41-25
transportation services authority.41-26
3. The transportation services authority shall issue a certificate of41-27
public convenience and necessity to an operator of a tow car if it41-28
determines that the applicant:41-29
(a) Complies with the requirements of paragraphs (b) and (c) of41-30
subsection 1;41-31
(b) Complies with the requirements of the regulations adopted by the41-32
transportation services authority pursuant to the provisions of this chapter;41-33
(c) Has provided evidence that he has filed with the41-34
department a liability insurance policy, a certificate of insurance or a bond41-35
of a surety and bonding company or other surety required for every41-36
operator of a tow car pursuant to the provisions of NRS 706.291; and41-37
(d) Has provided evidence that he has filed with the transportation41-38
services authority schedules and tariffs pursuant to41-39
706.321.41-40
4. An applicant for a certificate has the burden of proving to the41-41
transportation services authority that the proposed operation will meet the41-42
requirements of subsection 3.42-1
5. The transportation services authority may hold a hearing to42-2
determine whether an applicant is entitled to a certificate only if:42-3
(a) Upon the expiration of the time fixed in the notice that an application42-4
for a certificate of public convenience and necessity is pending, a petition42-5
to intervene has been granted by the transportation services authority; or42-6
(b) The transportation services authority finds that after reviewing the42-7
information provided by the applicant and inspecting the operations of the42-8
applicant, it cannot make a determination as to whether the applicant has42-9
complied with the requirements of subsection 3.42-10
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 of42-12
public convenience and necessity may transfer it to another operator of a42-13
tow car qualified pursuant to the provisions of NRS42-14
706.791, inclusive, and section 11 of this act, but no such transfer is valid42-15
for any purpose until a joint application to make the transfer is made to the42-16
transportation services authority by the transferor and the transferee, and42-17
the transportation services authority has authorized the substitution of the42-18
transferee for the transferor. No transfer of stock of a corporate operator of42-19
a tow car subject to the jurisdiction of the transportation services authority42-20
is valid without the prior approval of the transportation services authority42-21
if the effect of the transfer would be to change the corporate control of the42-22
operator of a tow car or if a transfer of 15 percent or more of the common42-23
stock of the operator of a tow car is proposed.42-24
2. The transportation services authority shall approve an application42-25
filed with it pursuant to subsection 1 if it determines that the transferee:42-26
(a) Complies with the provisions of NRS42-27
inclusive, and section 11 of this act, and the regulations adopted by the42-28
transportation services authority pursuant to those provisions;42-29
(b) Uses equipment that is in compliance with the regulations adopted42-30
by the transportation services authority;42-31
(c) Has provided evidence that he has filed with the42-32
department a liability insurance policy, a certificate of insurance or a bond42-33
of a surety and bonding company or other surety required for every42-34
operator of a tow car pursuant to the provisions of NRS 706.291; and42-35
(d) Has provided evidence that he has filed with the transportation42-36
services authority schedules and tariffs pursuant to NRS 706.321 which42-37
contain rates and charges and the terms and conditions that the operator of42-38
the tow car requires to perform towing services without the prior consent of42-39
the owner of the vehicle or the person authorized by the owner to operate42-40
the vehicle which do not exceed the rates and charges that the transferor42-41
was authorized to assess for the same services.42-42
3. The transportation services authority may hold a hearing42-43
concerning an application submitted pursuant to this section only if:43-1
(a) Upon the expiration of the time fixed in the notice that an application43-2
for transfer of a certificate of public convenience and necessity is pending,43-3
a petition to intervene has been granted by the transportation services43-4
authority; or43-5
(b) The transportation services authority finds that after reviewing the43-6
information provided by the applicant and inspecting the operations of the43-7
applicant, it cannot make a determination as to whether the applicant has43-8
complied with the requirements of subsection 2.43-9
4. The transportation services authority shall not hold a hearing on an43-10
application submitted pursuant to this section if the application is made to43-11
transfer the certificate of public convenience and necessity from a natural43-12
person or partners to a corporation whose controlling stockholders will be43-13
substantially the same person or partners.43-14
5. The approval by the transportation services authority of an43-15
application for transfer of a certificate of public convenience and necessity43-16
of an operator of a tow car is not valid after the expiration of the term for43-17
the transferred certificate.43-18
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 for43-20
preparing or satisfying a lien to which the operator is entitled against a43-21
vehicle that was towed without the prior consent of the owner of the vehicle43-22
or the person authorized by the owner to operate the vehicle. The43-23
transportation services authority may investigate any charge filed pursuant43-24
to this subsection and revise the charge as necessary to ensure that the43-25
charge is reasonable.43-26
2. An operator of a tow car may not impose a charge or any part of a43-27
charge filed pursuant to subsection 1 unless the operator:43-28
(a) Has initiated the procedure by which a person may satisfy a lien; and43-29
(b) Stores the vehicle for at least 96 hours.43-30
3. If an operator of a tow car stores a vehicle that was towed without43-31
the prior consent of the owner of the vehicle or the person authorized by the43-32
owner to operate the vehicle for at least 96 hours but not more than 33643-33
hours, the operator may charge an amount not to exceed 50 percent of the43-34
charge approved by the transportation services authority pursuant to43-35
subsection 1 for preparing or satisfying a lien.43-36
4. If an operator of a tow car stores a vehicle that was towed without43-37
the prior consent of the owner of the vehicle or the person authorized by the43-38
owner to operate the vehicle for more than 336 hours, the operator may43-39
charge an amount not to exceed 50 percent of the charge approved by the43-40
transportation services authority pursuant to subsection 1 for preparing or43-41
satisfying a lien in addition to the amount charged pursuant to subsection 3.44-1
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,44-3
of a towed motor vehicle that the owner or agent may file a complaint with44-4
the transportation services authority regarding any violation of the44-5
provisions of this chapter.44-6
Sec. 88. NRS 706.4483 is hereby amended to read as follows: 706.4483 1. The transportation services authority shall act upon44-8
complaints regarding the failure of an operator of a tow car to comply with44-9
the provisions of NRS44-10
section 11 of this act.44-11
2. In addition to any other remedies that may be available to the44-12
transportation services authority to act upon complaints, the44-13
transportation services authority may order the release of towed motor44-14
vehicles, cargo or personal property upon such terms and conditions as the44-15
transportation services authority determines to be appropriate.44-16
Sec. 89. NRS 706.4485 is hereby amended to read as follows: 706.4485 1. A law enforcement agency that maintains and uses a list44-18
of operators of tow cars which are called by that agency to provide towing44-19
shall not include an operator of a tow car on the list unless he:44-20
(a) Holds a certificate of public convenience and necessity issued by the44-21
transportation services authority.44-22
(b) Complies with all applicable provisions of this chapter and chapters44-23
482 and 484 of NRS.44-24
(c) Agrees to respond in a timely manner to requests for towing made by44-25
the agency.44-26
(d) Maintains adequate, accessible and secure storage within the State of44-27
Nevada for any vehicle that is towed.44-28
(e) Complies with all standards the law enforcement agency may adopt44-29
to protect the health, safety and welfare of the public.44-30
(f) Assesses only rates and charges that have been approved by the44-31
transportation services authority for towing services performed without the44-32
prior consent of the owner of the vehicle or the person authorized by the44-33
owner to operate the vehicle.44-34
2. The transportation services authority shall not require that an44-35
operator of a tow car charge the same rate to law enforcement agencies for44-36
towing services performed without the prior consent of the owner of the44-37
vehicle or the person authorized by the owner to operate the vehicle that the44-38
operator charges to other persons for such services.44-39
3. Except as otherwise provided in this subsection, if an operator of a44-40
tow car is included on a list of operators of tow cars that is maintained and44-41
used by the Nevada highway patrol pursuant to this section, the Nevada44-42
highway patrol shall not remove the operator of the tow car from the list, or44-43
restrict his use pursuant thereto, solely on the ground that the operator is45-1
insured under the same policy of insurance as one other operator of a tow45-2
car who is included on the list and operates in the same geographical area.45-3
An operator of a tow car is not eligible for inclusion on the list if the45-4
operator is insured under the same policy of insurance as two or more other45-5
operators of tow cars who are included on the list and operate in the same45-6
geographical area.45-7
Sec. 90. NRS 706.449 is hereby amended to read as follows: 706.449 The transportation services authority may impose an45-9
administrative fine pursuant to subsection 2 of NRS 706.771 on the owner45-10
or operator of a tow car who fails to pay in a timely manner any charge45-11
required to be paid by subsection 2 of NRS 484.631.45-12
Sec. 91. NRS 706.451 is hereby amended to read as follows:45-13
706.451 1. Each owner or operator of a tow car subject to the45-14
jurisdiction of the transportation services authority shall, before45-15
commencing to operate or continuing operation after July 1, 1971, and45-16
annually thereafter, pay to the transportation services authority for each45-17
tow car operated, a fee of not more than45-18
2. The fee provided in this section must be paid on or before January 145-19
of each year.45-20
3. The initial fee must be reduced one-twelfth for each month which45-21
has elapsed since the beginning of the calendar year before July 1, 1971,45-22
for those tow cars lawfully operating on that date or before the45-23
commencement of operation of each tow car commencing operation after45-24
July 1, 1971.45-25
4. Any person who fails to pay any fee on or before the date provided45-26
in this section shall pay a penalty of 10 percent of the amount of the fee45-27
plus interest on the amount of the fee at the rate of 1 percent per month or45-28
fraction of a month from the date the fee is due until the date of payment.45-29
Sec. 92. NRS 706.457 is hereby amended to read as follows: 706.457 The transportation services authority may by supoena45-32
NRS45-33
who has not obtained a required certificate of public convenience and45-34
necessity or a required permit issued in accordance with those sections, to45-35
appear before it with all45-36
testify concerning the scope, nature and conduct of his business.45-37
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 any45-39
investigation or hearing is being conducted by the transportation services45-40
authority pursuant to the provisions of this chapter may compel the45-41
attendance of witnesses, the giving of testimony and the production of45-42
books and papers as required by any subpoena issued by the transportation45-43
services authority.46-1
2. If any witness refuses to attend or testify or produce any papers46-2
required by such subpoena the transportation services authority may report46-3
to the district court in and for the county in which the investigation or46-4
hearing is pending by petition, setting forth:46-5
(a) That due notice has been given of the time and place of attendance of46-6
the witness or the production of the books and papers;46-7
(b) That the witness has been subpoenaed in the manner prescribed in46-8
this chapter; and46-9
(c) That the witness has failed and refused to attend or produce the46-10
papers required by subpoena in the investigation or hearing named in the46-11
subpoena, or has refused to answer questions propounded to him in the46-12
course of such investigation or hearing,46-13
and asking an order of the court compelling the witness to attend and testify46-14
or produce the books or papers.46-15
3. The court, upon petition of the transportation services authority,46-16
shall enter an order directing the witness to appear before the court at a46-17
time and place to be fixed by the court in such order, the time to be not46-18
more than 10 days46-19
show cause why he has not attended or testified or produced the books or46-20
papers before the transportation services authority. A certified copy of the46-21
order must be served upon the witness. If it appears to the court that the46-22
subpoena was regularly issued, the court shall thereupon enter an order that46-23
the witness appear at the time and place fixed in the order and testify or46-24
produce the required books or papers, and upon failure to obey the order46-25
the witness must be dealt with as for contempt of court.46-26
Sec. 94. NRS 706.461 is hereby amended to read as follows: 706.461 When:46-28
1. A complaint has been filed with the transportation services46-29
authority alleging that any vehicle is being operated without a certificate of46-30
public convenience and necessity or contract carrier’s permit as required by46-31
NRS46-32
act; or46-33
2. The transportation services authority has reason to believe that any:46-34
(a) Person is advertising to provide:46-35
(1) The services of a46-36
carrier of household goods or a contract motor carrier with regard to the46-37
transportation of household goods; or46-38
(2) Towing services46-39
owner of the vehicle or the person authorized by the owner to operate the46-40
vehicle,46-41
without including the number of his certificate of public convenience and46-42
necessity or permit in each advertisement; or47-1
(b) Provision of NRS47-2
section 11 of this act, is being violated,47-3
the transportation services authority shall investigate the operations or47-4
advertising and may, after a hearing, order the owner or operator of the47-5
vehicle or the person advertising to cease and desist from any operation or47-6
advertising in violation of NRS47-7
, and section 11 of this act. The transportation services authority shall47-8
enforce compliance with the order pursuant to the powers vested in the47-9
transportation services authority by NRS47-10
inclusive, and section 11 of this act, or by other law.47-11
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, a47-13
person who holds a certificate of public convenience and necessity which47-14
was issued for the operation of a taxicab business subject to the47-15
jurisdiction of a taxicab authority may, upon approval from the taxicab47-16
authority, lease a taxicab to an independent contractor who does not hold a47-17
certificate of public convenience and necessity. A person may lease only47-18
one taxicab to each independent contractor with whom he enters into a47-19
lease agreement. The taxicab may be used only in a manner authorized by47-20
the lessor’s certificate of public convenience and necessity.47-21
2. A person who enters into a lease agreement with an independent47-22
contractor pursuant to this section shall submit a copy of the agreement to47-23
the appropriate taxicab authority for its approval. The agreement is not47-24
effective until approved by the taxicab authority.47-25
3. A person who leases a taxicab to an independent contractor is jointly47-26
and severally liable with the independent contractor for any violation of the47-27
provisions of this chapter relating to the regulation of taxicabs or the47-28
regulations adopted pursuant thereto, and shall ensure that the independent47-29
contractor complies with such provisions and regulations.47-30
4. The taxicab authority which has jurisdiction over a lease47-31
agreement or47-32
civil action involving a lease agreement entered into pursuant to this47-33
section.47-34
Sec. 96. NRS 706.475 is hereby amended to read as follows: 706.475 1.47-36
are necessary to:47-37
(a) Carry out the provisions of NRS 706.473; and47-38
(b) Ensure that the taxicab business remains safe, adequate and reliable.47-39
2. Such regulations must include, without limitation:47-40
(a) The minimum qualifications for an independent contractor;47-41
(b)47-42
48-1
48-2
provisions that must be included in a lease agreement concerning the48-3
grounds for the revocation of such approval.48-4
Sec. 96.5. NRS 706.476 is hereby amended to read as follows: 706.47648-6
48-7
1. A vehicle used as a48-8
48-9
transportation services authority if a certificate of public convenience and48-10
necessity has not been issued authorizing its operation. A hearing must be48-11
held by the transportation services authority no later than the conclusion of48-12
the second normal business day after impoundment, weekends and holidays48-13
excluded. As soon as practicable after impoundment, the transportation48-14
services authority shall notify the registered owner of the vehicle:48-15
(a) That the registered owner of the vehicle must post a bond in the48-16
amount of $20,000 to ensure his presence at all proceedings held pursuant48-17
to this section;48-18
(b) Of the time set for the hearing; and48-19
(c) Of his right to be represented by counsel during all phases of the48-20
proceedings.48-21
2. The transportation services authority shall hold the vehicle until the48-22
registered owner of the vehicle appears and:48-23
(a) Proves that he is the registered owner of the vehicle;48-24
(b) Proves that he holds a valid certificate of public convenience and48-25
necessity;48-26
(c) Proves that the vehicle meets all required standards of the48-27
transportation services authority; and48-28
(d) Posts a bond in the amount of $20,000 with the transportation48-29
services authority.48-30
The transportation services authority shall return the vehicle to its48-31
registered owner when the owner meets the requirements of this subsection48-32
and pays all costs of impoundment.48-33
3. If the registered owner is unable to meet the requirements of48-34
paragraph (b) or (c) of subsection 2, the transportation services authority48-35
may assess an administrative fine against the registered owner for each such48-36
violation in the amount of $5,000. The maximum amount of the48-37
administrative fine that may be assessed against a registered owner for a48-38
single impoundment of his vehicle pursuant to this section is $10,000. The48-39
transportation services authority shall return the vehicle after any48-40
administrative fine imposed pursuant to this subsection and all costs of48-41
impoundment have been paid.49-1
Sec. 97. NRS 706.491 is hereby amended to read as follows: 706.491 Every person operating as a common, contract or private49-3
motor carrier , a taxicab motor carrier, a limousine motor carrier, an49-4
operator of a tow car or a carrier of household goods must, before49-5
commencing operation in this state in any calendar year, secure from the49-6
department a license and make payments therefor as provided in NRS49-7
49-8
applicable.49-9
Sec. 98. NRS 706.631 is hereby amended to read as follows: 706.631 The remedies of the state provided for in NRS49-11
706.151 to 706.861, inclusive, and section 11 of this act are cumulative,49-12
and no action taken by the department or transportation services authority49-13
may be construed to be an election on the part of the state or any of its49-14
officers to pursue any remedy under NRS49-15
inclusive, and section 11 of this act, to the exclusion of any other remedy49-16
for which provision is made in NRS49-17
inclusive49-18
Sec. 99. NRS 706.736 is hereby amended to read as follows: 706.736 1. Except as otherwise provided in subsection 2, the49-20
provisions of NRS49-21
of this act do not apply to:49-22
(a) The transportation by a contractor licensed by the state contractors’49-23
board of his own equipment in his own vehicles from job to job.49-24
(b) Any person engaged in transporting his own personal effects in his49-25
own vehicle, but the provisions of this subsection do not apply to any49-26
person engaged in transportation by vehicle of property sold or to be sold,49-27
or used by him in the furtherance of any commercial enterprise other than49-28
as provided in paragraph (d), or to the carriage of any property for49-29
compensation.49-30
(c) Special mobile equipment.49-31
(d) The vehicle of any person, when that vehicle is being used in the49-32
production of motion pictures, including films to be shown in theaters and49-33
on television, industrial training and educational films, commercials for49-34
television and video discs and tapes.49-35
(e) A private motor carrier of property which is used for any convention,49-36
show, exhibition, sporting event, carnival, circus or organized recreational49-37
activity.49-38
(f) A private motor carrier of property which is used to attend livestock49-39
shows and sales.49-40
2. Unless exempted by a specific state statute or a specific federal49-41
statute, regulation or rule, any person referred to in subsection 1 is subject49-42
to:50-1
(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 or50-2
subsection 2 of NRS 706.172, as appropriate, and NRS 706.235 to50-3
706.256, inclusive, 706.281, 706.457 and 706.458.50-4
(b) All rules and regulations adopted by reference pursuant to50-5
50-6
inclusive, and section 11 of this act, by the department or transportation50-7
services authority, as appropriate, concerning the safety of drivers and50-8
vehicles.50-9
(c) All standards adopted by regulation pursuant to NRS 706.173.50-10
3. The provisions of NRS 706.311 to 706.453, inclusive,50-11
50-12
services authority to issue:50-13
(a) Except as otherwise provided in paragraph (b), certificates of public50-14
convenience and necessity and contract carriers’ permits and to regulate50-15
rates, routes and services apply only to50-16
household goods, and contract motor carriers with regard to the50-17
transportation of household goods.50-18
(b) Certificates of public convenience and necessity to operators of tow50-19
cars and to regulate rates for towing services performed without the prior50-20
consent of the owner of the vehicle or the person authorized by the owner50-21
to operate the vehicle apply to operators of tow cars.50-22
4. Any person who operates pursuant to a claim of an exemption50-23
provided by this section but who is found to be operating in a manner not50-24
covered by any of those exemptions immediately becomes liable, in50-25
addition to any other penalties provided in this chapter, for the fee50-26
appropriate to his actual operation as prescribed in this chapter, computed50-27
from the date when that operation began.50-28
Sec. 100. NRS 706.745 is hereby amended to read as follows: 706.745 1. The provisions of NRS 706.386 and 706.421 do not apply50-30
to ambulances or hearses.50-31
2.50-32
the purchase of its service by an incorporated city, county or regional50-33
transportation commission50-34
50-35
of:50-36
(a) Regular routes and fixed schedules;50-37
(b) Nonemergency medical transportation of persons to facilitate their50-38
use of a center as defined in NRS 435.170, if the transportation is available50-39
upon request and without regard to regular routes or fixed schedules;50-40
(c) Nonmedical transportation of disabled persons without regard to50-41
regular routes or fixed schedules; or51-1
(d) In a county whose population is less than 100,000 or an incorporated51-2
city within such a county, nonmedical transportation of persons if the51-3
transportation is available by reservation 1 day in advance of the51-4
transportation and without regard to regular routes or fixed schedules ,51-5
51-6
51-7
51-8
required safety inspections .51-9
51-10
51-11
51-12
agreement for a system of public transit that provides for the transportation51-13
of passengers that is described in:51-14
(a) Paragraph (a) of subsection 2, the public entity shall establish the51-15
routes and fares.51-16
(b) Paragraph (c) or (d) of subsection 2, the common motor carrier:51-17
(1) May provide transportation to any passenger who can board a51-18
vehicle with minimal assistance from the operator of the vehicle.51-19
(2) Shall not offer medical assistance as part of its transportation51-20
service.51-21
51-22
required to obtain a certificate of public convenience and necessity to51-23
operate as a51-24
such passengers only, but such a carrier is not exempt from inspection by51-25
51-26
operation are safe.51-27
51-28
commission is not required to obtain a certificate of public convenience and51-29
necessity to operate a system of public transportation51-30
taxicabs, limousines or other vehicles for passenger service that would51-31
otherwise be subject to the jurisdiction of a taxicab authority pursuant to51-32
this chapter.51-33
51-34
agreement with a common motor carrier for a system of public transit that51-35
provides for the transportation of passengers that is described in paragraph51-36
(c) or (d) of subsection 2 in an area of the incorporated city or an area of51-37
the county, it must determine that:51-38
(a) There are no other common motor carriers of passengers who are51-39
authorized to provide such services in that area; or51-40
(b) Although there are other common motor carriers of passengers who51-41
are authorized to provide such services in the area, the common motor51-42
carriers of passengers do not wish to provide, or are not capable of51-43
providing, such services.52-1
Sec. 101. NRS 706.756 is hereby amended to read as follows: 706.756 1. Except as otherwise provided in subsection 2, any person52-3
who:52-4
(a) Operates a vehicle or causes it to be operated in any carriage to52-5
which the provisions of NRS52-6
section 11 of this act apply without first obtaining a certificate, permit or52-7
license, or in violation of the terms thereof;52-8
(b) Fails to make any return or report required by the provisions of NRS52-9
52-10
the transportation services authority or the department pursuant to the52-11
provisions of NRS52-12
section 11 of this act;52-13
(c) Violates, or procures, aids or abets the violating of, any provision of52-14
NRS52-15
act;52-16
(d) Fails to obey any order, decision or regulation of the transportation52-17
services authority or the department;52-18
(e) Procures, aids or abets any person in his failure to obey such an52-19
order, decision or regulation of the transportation services authority or the52-20
department;52-21
(f) Advertises, solicits, proffers bids or otherwise holds himself out to52-22
perform52-23
performed without the prior consent of the owner of the vehicle or the52-24
person authorized by the owner to operate the vehicle, or the services of a52-25
carrier of household goods or a contract motor carrier with regard to the52-26
transportation of household goods, in violation of any of the provisions of52-27
NRS52-28
act;52-29
(g) Advertises as providing52-30
52-31
52-32
consent of the owner of the vehicle or the person authorized by the owner52-33
to operate the vehicle, or the services of a carrier of household goods or a52-34
contract motor carrier with regard to the transportation of household52-35
goods, without including the number of his certificate of public52-36
convenience and necessity or contract carrier’s permit in each52-37
advertisement;52-38
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or52-39
discrimination in violation of the provisions of this chapter;52-40
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the52-41
purposes of this chapter;52-42
(j) Operates or causes to be operated a vehicle which does not have the52-43
proper identifying device;53-1
(k) Displays or causes or permits to be displayed a certificate, permit,53-2
license or identifying device, knowing it to be fictitious or to have been53-3
canceled, revoked, suspended or altered;53-4
(l) Lends or knowingly permits the use of by one not entitled thereto any53-5
certificate, permit, license or identifying device issued to the person so53-6
lending or permitting the use thereof;53-7
(m) Knowingly makes or causes to be made, either directly or53-8
indirectly, a false statement on an application, account or other53-9
statement required by the transportation services authority; or53-10
(n) Refuses or fails to surrender to the transportation services authority53-11
or department any certificate, permit, license or identifying device which53-12
has been suspended, canceled or revoked pursuant to the provisions of this53-13
chapter,53-14
is guilty of a gross misdemeanor, and upon conviction thereof shall be53-15
punished by a fine of not less than $10053-16
$2,000, or by imprisonment in the county jail for not more than53-17
1 year, or by both fine and imprisonment.53-18
2. A person convicted of a gross misdemeanor for a violation of the53-19
provisions of NRS 706.386 or 706.421 shall be punished:53-20
(a) For the first offense , by a fine of not less than $50053-21
more than53-22
(b) For a second offense within 12 consecutive months and each53-23
subsequent offense , by a fine of53-24
(c) For any offense, by imprisonment in the county jail for not more than53-25
53-26
3.53-27
53-28
53-29
53-30
53-31
person pursuant to this section does not bar the transportation services53-32
authority from suspending or revoking any certificate, permit or license53-33
of the person convicted. The imposition of a fine or the suspension or53-34
revocation of any certificate, permit or license by the transportation53-35
services authority does not operate as a defense in any proceeding53-36
brought against the person by the transportation services authority53-37
pursuant to this chapter.53-38
4. The fines provided in this section are mandatory and must not be53-39
reduced under any circumstances by the court.53-40
5. Any bail allowed must not be less than the appropriate fine provided53-41
for by this section.54-1
Sec. 102. NRS 706.761 is hereby amended to read as follows: 706.761 1. Any54-3
54-4
54-5
permit who refuses or fails for a period of 30 days to furnish the54-6
transportation services authority or department , as appropriate, with any54-7
report required by54-8
department, as appropriate, or who fails or refuses to permit any person54-9
authorized by the transportation services authority or department , as54-10
appropriate, to inspect such books, accounts, records, minutes or papers on54-11
behalf of the transportation services authority or department , as54-12
appropriate, or otherwise interferes with or impedes such an inspection,54-13
is liable to pay a penalty54-14
54-15
complaint of the transportation services authority or department , as54-16
appropriate, in any court of competent jurisdiction.54-17
2. Each day’s refusal or failure is a separate offense, and is subject to54-18
the penalty prescribed in this section.54-19
3. If, after a hearing, the transportation services authority finds that54-20
a person to whom a certificate or permit has been issued has refused or54-21
failed to produce a record or allow an inspection in violation of this54-22
section, the transportation services authority may, upon 5 days’ written54-23
notice, suspend the certificate or permit.54-24
Sec. 103. NRS 706.766 is hereby amended to read as follows: 706.766 1. It is unlawful for any54-26
of a tow car , carrier of household goods, or contract motor carrier with54-27
regard to the transportation of household goods, to charge, demand,54-28
collect or receive a greater or less compensation for any service performed54-29
by it within this state or for any service in connection therewith than is54-30
specified in its fare, rates, joint rates, charges or rules and regulations on54-31
file with the transportation services authority, or to demand, collect or54-32
receive any fare, rate or charge not specified. The rates, tolls and charges54-33
named therein are the lawful rates, tolls and charges until they are changed54-34
as provided in this chapter.54-35
2. It is unlawful for any54-36
car , carrier of household goods, or contract motor carrier with regard to54-37
the transportation of household goods, to grant any rebate, concession or54-38
special privilege to any person which, directly or indirectly, has or may54-39
have the effect of changing the rates, tolls, charges or payments.54-40
3. Any violation of the provisions of this section subjects the violator54-41
to the penalty prescribed in NRS 706.761.55-1
Sec. 104. NRS 706.771 is hereby amended to read as follows: 706.771 1. Any person or any agent or employee thereof, who55-3
violates any provision of this chapter, any lawful regulation of the55-4
transportation services authority or any lawful tariff on file with the55-5
transportation services authority or who fails, neglects or refuses to obey55-6
any lawful order of the transportation services authority or any court order55-7
for whose violation a civil penalty is not otherwise prescribed is liable to a55-8
penalty of not more than $10,000 for any violation. The penalty may be55-9
recovered in a civil action upon the complaint of the transportation55-10
services authority in any court of competent jurisdiction.55-11
2. If the transportation services authority does not bring an action to55-12
recover the penalty prescribed by subsection 1, the transportation services55-13
authority may impose an administrative fine of not more than $10,000 for55-14
any violation of a provision of this chapter or any rule, regulation or order55-15
adopted or issued by the transportation services authority55-16
pursuant to the provisions of this chapter. A fine imposed by the55-17
transportation services authority may be recovered by the transportation55-18
services authority only after notice is given and a hearing is held pursuant55-19
to the provisions of chapter 233B of NRS.55-20
3. All administrative fines imposed and collected by the transportation55-21
services authority pursuant to subsection 2 are payable to the state treasurer55-22
and must be credited to55-23
55-24
4. A penalty or fine recovered pursuant to this section is not a cost of55-25
service for purposes of rate making.55-26
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 any55-28
provisions of55-29
carrying passengers or property on any highway in the State of Nevada55-30
shall not require or permit any driver of the motor vehicle to drive it in any55-31
one period longer than the time permitted for that period by the order of the55-32
transportation services authority, the appropriate taxicab authority or the55-33
department.55-34
2. In addition to other persons so required, the labor commissioner55-35
shall enforce the provisions of this section.55-36
Sec. 106. NRS 706.779 is hereby amended to read as follows: 706.779 The transportation services authority and its inspectors may,55-38
upon halting a person for a violation of the provisions of NRS 706.386 or55-39
706.421, move his vehicle or cause it to be moved to the nearest garage or55-40
other place of safekeeping until it is removed in a manner which complies55-41
with the provisions of this chapter.56-1
Sec. 107. NRS 706.781 is hereby amended to read as follows: 706.781 In addition to all the other remedies provided by NRS56-3
56-4
prevention and punishment of any violation of the provisions thereof and of56-5
all orders of the transportation services authority or the department, the56-6
transportation services authority or the department may compel56-7
compliance with the provisions of NRS56-8
inclusive, and section 11 of this act, and with the orders of the56-9
transportation services authority or the department by proceedings in56-10
mandamus, injunction or by other civil remedies.56-11
Sec. 108. NRS 706.881 is hereby amended to read as follows: 706.88156-13
706.885, inclusive, and sections 12 to 21, inclusive, of this act, and56-14
section 1 of Assembly Bill No. 677 of this session, apply to56-15
56-16
56-17
56-18
56-19
56-20
56-21
56-22
56-23
56-24
56-25
56-26
by taxicabs and limousines.56-27
Sec. 109. NRS 706.88185 is hereby amended to read as follows:56-28
706.88185 1. When56-29
that any provision of NRS 706.881 to 706.885, inclusive, and sections 1256-30
to 21, inclusive, of this act, is being violated, the taxicab authority shall56-31
investigate the alleged violation. After a hearing , the taxicab authority may56-32
issue an order requiring that the certificate holder cease and desist from any56-33
action that is in violation of NRS 706.881 to 706.885, inclusive56-34
56-35
2. A taxicab authority shall enforce an order issued pursuant to56-36
subsection 1 in accordance with the provisions of NRS 706.881 to 706.885,56-37
inclusive56-38
Sec. 110. NRS 706.8819 is hereby amended to read as follows: 706.8819 1.56-40
make final decisions in the following matters:56-41
(a) Applications to adjust, alter or change the rates, charges or fares for56-42
taxicab or limousine service;57-1
(b) Applications for certificates of public convenience and necessity to57-2
operate a taxicab or limousine service;57-3
(c) Applications requesting authority to transfer any existing interest in a57-4
certificate of public convenience and necessity or in a corporation that57-5
holds a certificate of public convenience and necessity to operate a taxicab57-6
or limousine business; and57-7
(d) Applications to change the total number of allocated taxicabs in a57-8
county57-9
57-10
57-11
2. An appeal from the final decision of57-12
be made to the transportation services authority.57-13
Sec. 111. NRS 706.882 is hereby amended to read as follows:57-14
706.882 1. The director of the department of business and industry57-15
shall appoint a taxicab administrator for each of the taxicab authorities57-16
from a list of three names submitted to him by each of the taxicab57-17
57-18
pleasure of the director57-19
service of the state.57-20
2.57-21
good cause shown.57-22
3. Except as otherwise provided in NRS 284.143,57-23
administrator shall devote his entire time and attention to the business of57-24
his office and shall not pursue any other business or occupation or hold any57-25
other office of profit.57-26
Sec. 112. NRS 706.8821 is hereby amended to read as follows:57-27
706.8821 1.57-28
responsible for the control and regulation of the taxicab and limousine57-29
industry in any county57-30
57-31
administration of NRS 706.881 to 706.885, inclusive57-32
57-33
2. An administrator shall appoint:57-34
(a) One accountant and such auditors as are necessary to enable the57-35
administrator to perform his official functions properly; and57-36
(b) Such other employees as are necessary to enable the administrator to57-37
perform his official functions properly.57-38
Sec. 113. NRS 706.8822 is hereby amended to read as follows: 706.882257-40
706.8829 and 706.88395, a taxicab authority shall conduct administrative57-41
hearings and make final decisions, subject to appeal by any aggrieved party57-42
to the58-1
1. Any violation relating to the issuance of or transfer of license plates58-2
for motor carriers required by either the taxicab authority or the department58-3
of motor vehicles and public safety;58-4
2. Complaints against certificate holders;58-5
3. Complaints against taxicab or limousine drivers;58-6
4. Applications for, or suspension or revocation of, drivers’ permits ;58-7
58-8
5. Imposition of monetary penalties.58-9
Sec. 114. NRS 706.88235 is hereby amended to read as follows:58-10
706.88235 1. Whenever58-11
administrator is authorized or required by law to conduct a hearing, the58-12
administrator may issue subpoenas requiring the attendance of witnesses58-13
before the taxicab authority or the administrator, respectively, together58-14
with all books, memoranda, papers and other documents relative to the58-15
matters for which the hearing is called and take depositions within or58-16
without the state, as the circumstances of the case may require.58-17
2. The district court in and for the county in which any hearing is being58-18
conducted may compel the attendance of witnesses, the giving of testimony58-19
and the production of books and papers as required by any subpoena issued58-20
by the administrator.58-21
3. In case of the refusal of any witness to attend or testify or produce58-22
any papers required by the subpoena, the administrator may report to the58-23
district court in and for the county in which the hearing is pending by58-24
petition, setting forth:58-25
(a) That due notice has been given of the time and place of attendance of58-26
the witness or the production of the books and papers;58-27
(b) That the witness has been subpoenaed in the manner prescribed in58-28
this section; and58-29
(c) That the witness has failed and refused to attend or produce the58-30
papers required by subpoena before the taxicab authority or the58-31
administrator in the hearing named in the subpoena, or has refused to58-32
answer questions propounded to him in the course of the hearing,58-33
and asking an order of the court compelling the witness to attend and testify58-34
or produce the books or papers before the taxicab authority or the58-35
administrator.58-36
4. The court, upon petition of the administrator shall enter an order58-37
directing the witness to appear before the court at a time and place to be58-38
fixed by the court in the order, the time to be not more than 10 days58-39
after the date of the order, and then and there show cause why he has not58-40
attended or testified or produced the books or papers. A certified copy of58-41
the order must be served upon the witness. If it appears to the court that the58-42
subpoena was regularly issued by the administrator, the court may58-43
thereupon enter an order that the witness appear before the taxicab59-1
authority or the administrator at the time and place fixed in the order and59-2
testify or produce the required books or papers, and upon failure to obey59-3
the order the witness must be dealt with as for contempt of court.59-4
Sec. 115. NRS 706.88237 is hereby amended to read as follows: 706.8823759-6
1. Determine the circumstances that require a temporary increase in the59-7
number of taxicabs or limousines subject to its jurisdiction allocated59-8
pursuant to NRS 706.8824; and59-9
2. Allocate a temporary increase in the number of such taxicabs or59-10
limousines pursuant to NRS 706.88245 when the circumstances require the59-11
increase.59-12
Sec. 116. NRS 706.8824 is hereby amended to read as follows: 706.8824 1.59-14
act, in determining whether circumstances require the establishment of a59-15
system of allocations or a change in existing allocations59-16
limousines subject to the jurisdiction of a taxicab authority, the taxicab59-17
authority shall consider the interests, welfare, convenience, necessity and59-18
well-being of the customers of taxicabs59-19
2. Whenever circumstances require the establishment of a system of59-20
allocations59-21
authority, the taxicab authority shall allocate the number of taxicabs or59-22
limousines, as appropriate, among the certificate holders in the county , as59-23
follows:59-24
(a) For taxicabs, the allocation must be made in a manner which59-25
reflects the number of taxicabs operated by each certificate holder during59-26
the 5 years immediately preceding the date of establishment of the system59-27
of allocations by the taxicab authority in the county.59-28
(b) For limousines, the allocation must be made in a manner which59-29
reflects the number of limousines that each certificate holder is59-30
authorized by the taxicab authority to operate as of the date on which the59-31
allocation is made.59-32
3. Whenever circumstances require an increase in the existing59-33
allocations59-34
provided by section 15 of this act, a taxicab authority shall allocate the59-35
additional taxicabs or limousines, as appropriate, equally among all the59-36
certificate holders who apply from the area to be affected by the allocation.59-37
4. Unless a certificate holder puts the additionally allocated59-39
(a) Taxicabs into service within 30 days after the effective date of the59-40
increased allocation59-41
(b) Limousines into service within 180 days after the effective date of59-42
the increased allocation,59-43
the increased allocation to that certificate holder is void.60-1
5.60-2
granted by the allocation any terms and conditions which in its judgment60-3
the public interest may require. The taxicab authority may limit:60-4
(a) The geographical area from which service is offered or provided.60-5
(b) The hours of service. Such a limitation must not reduce hours of60-6
service to less than 12 consecutive hours in a 24-hour period.60-7
If a limitation is placed on an allocation, taxicabs or limousines, as60-8
appropriate, must be marked in a distinctive manner that indicates the60-9
limitation.60-10
6.60-11
(a) The existing allocation of taxicabs60-12
(b) The rates, charges or fares of the certificate holders in its60-13
jurisdiction.60-14
7. Notwithstanding any provision of this section or section 15 of this60-15
act to the contrary, if a system of allocations for limousines has been60-16
established pursuant to subsection 2, the number of limousines that must60-17
be allocated to a certificate holder to whom the taxicab authority60-18
thereafter issues an initial certificate of public convenience and necessity60-19
must be based on the number of limousines that the certificate holder60-20
places into operation within 180 days after the date on which the60-21
certificate of public convenience and necessity is issued to the certificate60-22
holder. Thereafter, the certificate holder is subject to all other provisions60-23
relating to allocations that are set forth in this section and section 15 of60-24
this act.60-25
Sec. 117. NRS 706.88245 is hereby amended to read as follows: 706.88245 1. In determining whether circumstances require a60-27
temporary increase in the number of taxicabs or limousines subject to its60-28
jurisdiction allocated pursuant to NRS 706.8824,60-29
shall consider the interests, welfare, convenience, necessity and well-being60-30
of the customers of taxicabs60-31
2. Whenever circumstances require a temporary increase in the number60-32
of taxicabs or limousines subject to its jurisdiction allocated pursuant to60-33
NRS 706.8824,60-34
increase equally among the certificate holders who are taxicab motor60-35
carriers or limousine motor carriers, as appropriate, subject to the60-36
jurisdiction of the taxicab authority in the area to be affected by the60-37
allocation.60-38
3.60-39
(a) The number of additional taxicabs or limousines to be allocated;60-40
(b) The hours of operation of the additional taxicabs60-41
and60-42
(c) The duration of the temporary allocation.61-1
4.61-2
temporary increases in the allocation of taxicabs or limousines subject to61-3
its jurisdiction pursuant to this section.61-4
Sec. 118. NRS 706.8825 is hereby amended to read as follows: 706.8825 1.61-6
funds:61-7
(a) The taxicab authority regulatory fund for the taxicab authority for61-8
southern Nevada; and61-9
(b) The taxicab authority regulatory fund for the taxicab authority for61-10
northern Nevada.61-11
2. Except as otherwise provided in this section, all fees collected61-12
pursuant to NRS 706.881 to 706.885, inclusive, and sections 12 to 21,61-13
inclusive, of this act, must be deposited with the state treasurer to the credit61-14
of the appropriate taxicab authority regulatory fund .61-15
61-16
subject to61-17
accounted for separately within the appropriate fund.61-18
61-19
after deducting any applicable charges, must be credited to the fund.61-20
61-21
that is imposed on a taxicab motor carrier or limousine motor carrier by61-22
the taxicab authority must be deposited into the state general fund.61-23
5. The revenues received pursuant to subsection 1 of NRS 706.882661-24
are hereby appropriated to defray the cost of regulating taxicabs and61-25
limousines in the county or the city, respectively, making the deposit under61-26
that subsection.61-27
61-28
NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby61-29
appropriated to defray the cost of regulating taxicabs and limousines in the61-30
county in which the certificate holder operates a taxicab or limousine61-31
business.61-32
61-33
fund does not revert to the state general fund. The administrator of a61-34
taxicab authority may transfer to the aging services division of the61-35
department of human resources any balance over $200,000 and any interest61-36
earned on the61-37
authority, within the limits of legislative authorization for each fiscal year,61-38
to subsidize transportation for the elderly and the permanently handicapped61-39
in taxicabs. The money transferred to the aging services division must be61-40
administered in accordance with regulations adopted by the administrator61-41
of the aging services division pursuant to NRS 427A.070.61-42
61-43
account for petty cash not to exceed $1,000 for the support of undercover62-1
investigation and, if the account is created, the administrator shall62-2
reimburse the account from the appropriate taxicab authority regulatory62-3
fund in the same manner as other claims against the state are paid.62-4
Sec. 119. NRS 706.8826 is hereby amended to read as follows:62-5
706.8826 1. The board of county commissioners of any county in62-6
which there is in effect an order for the allocation of taxicabs or limousines62-7
from a taxicab authority, and the governing body of each city within any62-8
such county, shall deposit with the state treasurer to the credit of the62-9
appropriate taxicab authority regulatory fund all62-10
which is received from the taxicab and limousine business operating in the62-11
county and city, respectively.62-12
2. For the purpose of calculating the amount due to the state under62-13
subsection 1, the tax revenue of a county does not include any amount62-14
which represents a payment for the use of county facilities or property.62-15
3.62-16
62-17
year for each taxicab62-18
per year for each limousine which the certificate holder operates pursuant62-19
to his certificate of public convenience and necessity and , if the62-20
certificate holder is a taxicab motor carrier, a fee set by the taxicab62-21
authority that must not exceed62-22
trip of each of those taxicabs, which may be added to the meter charge. The62-23
money so received by the taxicab authority must be paid to the state62-24
treasurer for deposit in the state treasury to the credit of the appropriate62-25
taxicab authority regulatory fund.62-26
Sec. 120. NRS 706.8827 is hereby amended to read as follows: 706.8827 1. A person shall not engage in the taxicab or limousine62-28
business unless he:62-29
(a) Holds a certificate of public convenience and necessity from the62-30
previously exiting public service commission of Nevada issued before62-32
a taxicab authority;62-33
(b) Holds a certificate of public necessity of public convenience62-35
October 1, 1999, which has not been transferred, revoked or suspended62-36
by a taxicab authority; or62-37
(c) Currently holds a certificate of public convenience and necessity62-38
from62-39
2. Upon the filing of an application for a certificate of public62-40
convenience and necessity, the taxicab authority with which the62-41
application was filed shall fix a time and place for a hearing thereon. The62-42
taxicab authority shall issue the certificate if it finds that:63-1
(a) The applicant is fit, willing and able to perform the services of a63-2
taxicab motor carrier63-3
(b) The proposed operation will be consistent with the legislative63-4
policies set forth in NRS 706.151;63-5
(c) The granting of the certificate will not unreasonably and adversely63-6
affect other carriers operating in the territory for which the certificate is63-7
sought;63-8
(d) The holders of existing certificates will not meet the needs of the63-9
territory for which the certificate is sought if the certificate is not granted;63-10
and63-11
(e) The proposed service will benefit the public and the taxicab or63-12
limousine business , as appropriate, in the territory to be served.63-13
3. The applicant for a certificate has the burden of proving to the63-14
taxicab authority that the proposed operation will meet the requirements of63-15
subsection 2. The taxicab authority shall not find that the potential creation63-16
of competition in a territory which may be caused by the granting of a63-17
certificate, by itself, will unreasonably and adversely affect other carriers63-18
operating in the territory for the purposes of paragraph (c) of subsection 2.63-19
4. The applicant must submit an application fee of $200, which must63-20
not be refunded, with his application. The applicant must also pay those63-21
amounts which are billed to him by the taxicab authority for reasonable63-22
costs incurred by it in conducting an investigation or hearing regarding the63-23
applicant.63-24
5.63-25
granted by the certificate any terms and conditions which in its judgment63-26
the public interest may require.63-27
6.63-28
application if, upon the expiration of the time fixed in the notice of the63-29
hearing, no protest against the granting of the certificate has been filed by63-30
or on behalf of any person.63-31
7. Any person who has been denied a certificate of public convenience63-32
and necessity after a hearing may not file a similar application with63-33
taxicab authority covering the same type of service and over the same route63-34
or routes or in the same territory for which the certificate of public63-35
convenience and necessity was denied except after the expiration of 18063-36
days63-37
Sec. 121. NRS 706.8829 is hereby amended to read as follows:63-38
706.8829 1. A certificate holder shall maintain a uniform system of63-39
accounts in which all business transacted by the certificate holder is63-40
recorded. The accounts must be:63-41
(a) Kept in a form prescribed by the taxicab authority63-42
jurisdiction over the certificate holder;64-1
(b) Before May 15 of each year, submitted to the taxicab authority in an64-2
annual report in the form and detail prescribed by the taxicab authority;64-3
(c) Retained for a period of 3 years after their receipt back from the64-4
taxicab authority; and64-5
(d) Supplemented with such additional information as the taxicab64-6
authority may require.64-7
2.64-8
minutes and papers of a certificate holder at any reasonable time to64-9
determine their correctness and whether they are maintained in accordance64-10
with the regulations adopted by the taxicab authority.64-11
3. If a certificate holder fails to comply with any provision of this64-12
section in a timely manner, the administrator64-13
which has jurisdiction over the certificate holder, after hearing, may64-14
impose a fine of not more than $1,000, commence proceedings to suspend64-15
or revoke the certificate of public convenience and necessity of the64-16
certificate holder, or both impose a fine and commence such proceedings.64-17
Sec. 122. NRS 706.883 is hereby amended to read as follows: 706.883 1. A certificate holder shall maintain at his principal place of64-19
business:64-20
(a) A record of the make and serial number of each taxicab64-21
limousine;64-22
(b) A maintenance record for each taxicab64-23
(c) A copy of the medical certificates of each of his drivers.64-24
2. The records of a certificate holder64-25
inspection by the administrator64-26
jurisdiction over the certificate holder at any reasonable time.64-27
Sec. 123. NRS 706.8833 is hereby amended to read as follows: 706.8833 1. The color scheme, insigne and design of the cruising64-29
lights of each taxicab must conform to those approved for the certificate64-30
holder pursuant to regulations of the taxicab authority64-31
64-32
2. A taxicab authority shall approve or disapprove the color scheme,64-33
insigne and design of the cruising lights of the taxicabs of a certificate64-34
holder in any county64-35
color scheme and insigne of one certificate holder are readily64-36
distinguishable from the color schemes and insignia of other certificate64-37
holders operating in the same county.64-38
Sec. 124. NRS 706.8834 is hereby amended to read as follows: 706.8834 1.64-40
certificate holder shall not permit a vehicle to be used as a taxicab if it has64-41
been in operation as a taxicab for more than 4 model years or 52 months,64-42
whichever period is longer.65-1
2.65-2
which a certificate holder acquires for use as a taxicab must:65-3
(a) Be new; or65-4
(b) Register not more than 30,000 miles on the odometer.65-5
3. A taxicab authority may, upon good cause shown, exempt any city,65-6
town or other area specifically identified by the taxicab authority which65-7
is located within the county subject to the jurisdiction of the taxicab65-8
authority from any provision of this section.65-9
Sec. 125. NRS 706.8836 is hereby amended to read as follows: 706.8836 1. A certificate holder shall equip each of his taxicabs with65-11
a taximeter and shall make provisions when installing the taximeter to65-12
allow sealing by the administrator65-13
jurisdiction over the certificate holder.65-14
2. The administrator of a taxicab authority shall approve the types of65-15
taximeters which may be used on a taxicab65-16
the taxicab authority. All such taximeters must conform to a 2-percent65-17
plus or minus tolerance on the fare recording, must be equipped with a65-18
signal device plainly visible from outside of the taxicab, must be equipped65-19
with a device which records fares and is plainly visible to the passenger and65-20
must register upon plainly visible counters the following items:65-21
(a) Total miles;65-22
(b) Paid miles;65-23
(c) Number of units;65-24
(d) Number of trips; and65-25
(e) Number of extra passengers or extra charges.65-26
3. The administrator of a taxicab authority shall inspect each65-27
taximeter before its use in a taxicab subject to the jurisdiction of the65-28
taxicab authority, and shall, if the taximeter conforms to the standards65-29
specified in subsection 2, seal the taximeter.65-30
4. The administrator of a taxicab authority may reinspect65-31
taximeter at any reasonable time.65-32
Sec. 126. NRS 706.8837 is hereby amended to read as follows: 706.8837 A certificate holder shall not permit a taxicab or limousine65-34
to be operated in passenger service unless it meets all65-35
standards:65-36
1. The steering mechanism is in good mechanical working order.65-37
2. The vehicle does not have any apparent loose knuckles, bolts or gear65-38
trains.65-39
3. The door hinges and latches are in good mechanical working order65-40
and all doors operate easily and close securely.65-41
4. Interior or exterior advertising does not obscure the driver’s view in65-42
any direction.66-1
5. The windows are clear and free from cracks or chips in excess of 366-2
inches in length and are composed of approved, nonshatterable safety glass.66-3
6. The brakes are in good mechanical working order and when pressed66-4
are not less than 1 3/4 inches from the floorboard.66-5
7. The exhaust system, gaskets, tail pipes and mufflers are in good66-6
condition and exhaust fumes do not penetrate the interior of the vehicle.66-7
8. The vehicle is equipped with four adequate and safe tires. Recapped66-8
tires may be used. Regrooved tires may not be used.66-9
9. The speedometer is properly installed, maintained in good working66-10
order and exposed to view.66-11
10. The interior of the vehicle is clean, free from torn upholstery and66-12
from damaged or broken seats.66-13
11. The headlights, taillights, stoplights and turn signals are in good66-14
mechanical working order.66-15
12. The horn and two windshield wipers are in good mechanical66-16
working order.66-17
13.66-18
is not disconnected and has its covers and gears intact.66-19
14. An air pollution control system is functioning in accordance with66-20
federal, state and local laws which were applicable to the type of vehicle at66-21
the time of its manufacture.66-22
Sec. 127. NRS 706.8838 is hereby amended to read as follows: 706.8838 A certificate holder shall not permit a taxicab or limousine66-24
to be operated in passenger service for a period of more than 24 hours66-25
unless it meets all66-26
1. The vehicle is structurally sound and operates with a minimum of66-27
noise and vibration.66-28
2. The vehicle does not have cracked, broken or badly dented fenders66-29
and is painted so as to provide reasonable protection against structural66-30
deterioration.66-31
3.66-32
curtains which can be manipulated to shield the occupants or driver from66-33
exterior observation or to obstruct vision through the rear view windows.66-34
4. The vehicle is washed once a week, the interior is swept, dusted and66-35
vacuumed once a day and the vehicle is in a clean and sanitary condition.66-36
5. The floor mat is made of rubber or a similar nonabsorbent, washable66-37
material, is easily removable and is not torn.66-38
Sec. 128. NRS 706.8839 is hereby amended to read as follows: 706.8839 1. The administrator of a taxicab authority may inspect a66-40
taxicab or limousine subject to the jurisdiction of the taxicab authority at66-41
any reasonable time.66-42
2. If the administrator finds that a taxicab or limousine is in a66-43
condition which violates NRS 706.8837, he shall remove the vehicle from67-1
service,67-2
notify the certificate holder of the defect. The vehicle67-3
out of service until the defect has been remedied and the administrator upon67-4
reinspection has approved the vehicle and removed the out-of-service67-5
sticker.67-6
3. If the administrator finds that a taxicab is in a condition which67-7
violates NRS 706.8838, he shall notify the certificate holder of the67-8
improper condition and, after a reasonable time, shall reinspect the vehicle.67-9
If upon reinspection the violation has not been corrected, the vehicle67-10
must be removed from service until it is reinspected and approved, as67-11
provided in subsection 2.67-12
Sec. 129. NRS 706.88395 is hereby amended to read as follows:67-13
706.88395 Except as otherwise provided in section 1 of Assembly Bill67-14
No. 677 of this section:67-15
1. A vehicle used as a taxicab, limousine or other passenger vehicle in67-16
passenger service must be impounded by the administrator of a taxicab67-17
authority if a certificate of public convenience and necessity has not been67-18
issued authorizing its operation67-19
transportation services authority or the previously existing public service67-20
commission of Nevada. A hearing must be held by the administrator67-21
not later than the conclusion of the second normal business day after67-22
impoundment, weekends and holidays excluded. As soon as practicable67-23
after impoundment, the administrator shall notify the registered owner of67-24
the vehicle:67-25
(a) That the registered owner of the vehicle must post a bond in the67-26
amount of $20,000 to ensure his presence at all proceedings held pursuant67-27
to this section;67-28
(b) Of the time set for the hearing; and67-29
(c) Of his right to be represented by counsel during all phases of the67-30
proceedings.67-31
2. The administrator shall hold the vehicle until the registered owner of67-32
the vehicle appears and:67-33
(a) Proves that he is the registered owner of the vehicle;67-34
(b) Proves that he holds a valid certificate of public convenience and67-35
necessity;67-36
(c) Proves that the vehicle meets all required standards of the taxicab67-37
authority; and67-38
(d) Posts a bond in the amount of $20,000 with the administrator.67-39
The administrator shall return the vehicle to its registered owner when the67-40
owner meets the requirements of this subsection and pays all costs of67-41
impoundment.67-42
3. If the registered owner is unable to meet the requirements of67-43
paragraph (b) or (c) of subsection 2, the administrator may assess an68-1
administrative fine against the registered owner for each such violation in68-2
the amount of $5,000. The maximum amount of the administrative fine that68-3
may be assessed against a registered owner for a single impoundment of his68-4
vehicle pursuant to this section is $10,000. The administrator shall return68-5
the vehicle after any administrative fine imposed pursuant to this subsection68-6
and all costs of impoundment have been paid.68-7
Sec. 130. NRS 706.8841 is hereby amended to read as follows: 706.8841 1. The administrator of a taxicab authority shall issue a68-9
driver’s permit to qualified persons who wish to be employed by certificate68-10
holders as68-11
county that is subject to the jurisdiction of the taxicab authority. Before68-12
issuing a driver’s permit, the administrator shall:68-13
(a) Require the applicant to submit a set of his fingerprints, which must68-14
be forwarded to the Federal Bureau of Investigation to ascertain whether68-15
the applicant has a criminal record and the nature of any such record, and68-16
shall further investigate the applicant’s background; and68-17
(b) Require proof that the applicant:68-18
(1) Has been a resident of the state for 30 days before his application68-19
for a permit;68-20
(2) Can read and orally communicate in the English language; and68-21
(3) Has a valid license issued under NRS 483.325 which authorizes68-22
him to drive a taxicab or limousine in this state.68-23
2. The administrator may refuse to issue a driver’s permit if the68-24
applicant has been convicted of:68-25
(a) A felony, other than a felony for a sexual offense, in the State of68-26
Nevada or any other state, territory or nation within 5 years before the date68-27
of the application, or a felony involving any sexual offense at any time; or68-28
(b) Driving under the influence of intoxicating beverages, dangerous68-29
drugs or controlled substances within 3 years before the date of the68-30
application.68-31
3. The administrator may refuse to issue a driver’s permit if the68-32
administrator, after the background investigation of the applicant,68-33
determines that the applicant is morally unfit or if the issuance of the68-34
driver’s permit would be detrimental to public health, welfare or safety.68-35
4. A taxicab or limousine driver shall pay to the administrator, in68-36
advance, $20 for an original driver’s permit and68-37
Sec. 131. NRS 706.8843 is hereby amended to read as follows: 706.8843 1. A certificate holder shall not employ a driver unless the68-39
driver has obtained and has on his person:68-40
(a) A valid driver’s license for the State of Nevada obtained under the68-41
provisions of NRS 483.010 to 483.630, inclusive;68-42
(b) A copy of a physician’s certificate obtained pursuant to NRS68-43
706.8842; and69-1
(c) A driver’s permit issued by the administrator pursuant to rules and69-2
regulations of the appropriate taxicab authority.69-3
2. A certificate holder shall, at the time he employs a driver, provide69-4
the driver with a complete copy of the rules and regulations described in69-5
NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations69-6
as may be adopted by the taxicab authority69-7
the certificate holder, and require the driver to sign a statement that he has69-8
received a copy of the regulations and has read and familiarized himself69-9
with the contents thereof.69-10
Sec. 132. NRS 706.8844 is hereby amended to read as follows: 706.8844 1. A certificate holder shall require his drivers of taxicabs69-12
to keep a daily trip sheet in a form to be prescribed by the taxicab authority69-13
69-14
2. At the beginning of each period of duty the driver shall record on his69-15
trip sheet:69-16
(a) His name and the number of his taxicab;69-17
(b) The time at which he began his period of duty by means of a time69-18
clock provided by the certificate holder;69-19
(c) The meter readings for total miles, paid miles, trips, units, extra69-20
passengers and extra charges; and69-21
(d) The odometer reading of the taxicab.69-22
3. During his period of duty the driver shall record on his trip sheet:69-23
(a) The time, place of origin and destination of each trip; and69-24
(b) The number of passengers and amount of fare for each trip.69-25
4. At the end of each period of duty the driver shall record on his trip69-26
sheet:69-27
(a) The time at which he ended his period of duty by means of a time69-28
clock provided by the certificate holder;69-29
(b) The meter readings for total miles, paid miles, trips, units and extra69-30
passengers; and69-31
(c) The odometer reading of the taxicab.69-32
5. A certificate holder shall furnish a trip sheet form for each taxicab69-33
operated by a driver during his period of duty and shall require his drivers69-34
to return their completed trip sheets at the end of each period of duty.69-35
6. A certificate holder shall retain all trip sheets of all drivers in a safe69-36
place for a period of 3 years immediately succeeding December 31 of the69-37
year to which they respectively pertain and shall make such manifests69-38
available for inspection by the administrator upon reasonable demand.69-39
7. Any driver who maintains a trip sheet in a form less complete than69-40
that required by subsection 1 is guilty of a misdemeanor.69-41
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 to69-43
transport any orderly person to that person’s destination if:70-1
(a) That person requests the driver to transport him; and70-2
(b) The requested destination is within the area allocated to the70-3
certificate holder who employs the driver.70-4
2. Subsection 1 does not apply if the driver can show70-5
70-6
jurisdiction over the driver that:70-7
(a) He has good reason to fear for his personal safety;70-8
(b) The taxicab has been previously engaged by another person; or70-9
(c) He is forbidden by law or regulation to carry the person requesting70-10
transportation.70-11
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 to70-13
706.8847, inclusive, and sections 12 to 21, inclusive, of this act, the70-14
70-15
certificate holder which employs the driver may impose the following70-16
sanctions:70-17
(a) First offense: Warning notice or a fine of not more than $100, or70-18
both warning and fine.70-19
(b) Second offense: 1 to 3 days’ suspension of a driver’s permit or a fine70-20
of not more than $200, or both suspension and fine.70-21
(c) Third offense: 4 to 6 days’ suspension of a driver’s permit or a fine70-22
of not more than $300, or both suspension and fine.70-23
(d) Fourth offense: 10 days’ suspension of a driver’s permit or a fine of70-24
not more than $500, or both suspension and fine.70-25
(e) Fifth offense: Revocation of a driver’s permit or a fine of not more70-26
than $500, or both revocation and fine.70-27
2. Only violations occurring in the 12 months immediately preceding70-28
the most current violation70-29
subsection 1. The administrator of the taxicab authority shall inspect the70-30
driver’s record for that period to compute the number of offenses70-31
committed.70-32
3. The70-33
70-34
permit or imposing a fine under this section or NRS 706.8849.70-35
Sec. 134.5. NRS 706.8849 is hereby amended to read as follows: 706.8849 1. A taxicab driver shall:70-37
(a) Ensure that the fare indicator on the taximeter of his taxicab reads70-38
zero before the time that the taxicab is engaged.70-39
(b) Ensure that the taximeter of his taxicab is engaged while the taxicab70-40
is on hire.70-41
(c) Not make any charge for the transportation of a passenger other than70-42
the charge shown on the taximeter.71-1
(d) Not alter, manipulate, tamper with or disconnect a sealed taximeter71-2
or its attachments nor make any change in the mechanical condition of the71-3
wheels, tires or gears of a taxicab with intent to cause false registration on71-4
the taximeter of the passenger fare.71-5
(e) Not remove or alter fare schedules which have been posted in his71-6
taxicab by the certificate holder.71-7
(f) Not permit any person or persons other than the person who has71-8
engaged the taxicab to ride therein unless the person who has engaged the71-9
taxicab requests that the other person or persons ride in the taxicab. If more71-10
than one person is loaded by the taxicab driver as set forth in this71-11
paragraph, the driver shall, when one of the persons leaves the taxicab,71-12
charge that person the fare on the meter and reset the taximeter.71-13
(g) Not drive a taxicab or go on duty while under the influence of, or71-14
impaired by, any controlled substance, dangerous drug, or intoxicating71-15
liquor or drink intoxicating liquor while on duty.71-16
(h) Not use or consume controlled substances or dangerous drugs which71-17
impair a person’s ability to operate a motor vehicle at any time, or use or71-18
consume any other controlled substances or dangerous drugs at any time71-19
except in accordance with a lawfully issued prescription.71-20
(i) Not operate a taxicab without a valid driver’s permit issued pursuant71-21
to NRS 706.8841 and a valid driver’s license issued pursuant to NRS71-22
483.325 in his possession.71-23
(j) Obey all provisions and restrictions of his employer’s certificate of71-24
public convenience and necessity.71-25
2. If a driver violates any provision of subsection 1, the71-26
taxicab authority which has jurisdiction over the certificate holder that71-27
employs the driver may, after a hearing, impose the following sanctions:71-28
(a) For a first offense, 1 to 5 days’ suspension of a driver’s permit or a71-29
fine of not more than $100, or both suspension and fine.71-30
(b) For a second offense, 6 to 20 days’ suspension of a driver’s permit71-31
or a fine of not more than $300, or both suspension and fine.71-32
(c) For a third offense, a fine of not more than $500.71-33
In addition to the other penalties set forth in this subsection, the71-34
71-35
violation of a provision of paragraph (g) of subsection 1.71-36
3. Only violations occurring in the 12 months immediately71-38
subsection 2. The administrator of the taxicab authority shall inspect the71-39
driver’s record for that period to compute the number of offenses71-40
committed.71-41
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,71-43
either directly or indirectly, a false statement on an application, account or72-1
other statement required by72-2
the taxicab authority or who violates any of the provisions of NRS72-3
706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act,72-4
and section 1 of Assembly Bill No. 677 of this session is guilty of a72-5
misdemeanor.72-6
2.72-7
good cause shown and upon at least 5 days’ notice to the grantee of any72-8
certificate or driver’s permit, and after a hearing unless waived by the72-9
grantee, penalize the grantee of a certificate to a maximum amount of72-10
$15,000 or penalize the grantee of a driver’s permit to a maximum amount72-11
of $500 or suspend or revoke the certificate or driver’s permit72-12
72-13
(a) Any violation of any provision of NRS 706.881 to 706.885,72-14
inclusive, and sections 12 to 21, inclusive, of this act, and section 1 of72-15
Assembly Bill No. 677 of this session, or any regulation of the taxicab72-16
authority or administrator.72-17
(b) Knowingly permitting or requiring any employee to violate any72-18
provision of NRS 706.881 to 706.885, inclusive, and sections 12 to 21,72-19
inclusive, of this act, and section 1 of Assembly Bill No. 677 of this72-20
session, or any regulation of the taxicab authority or administrator.72-21
If a penalty is imposed on the grantee of a certificate pursuant to this72-22
section, the taxicab authority72-23
pay the costs of the proceeding, including investigative costs and attorney’s72-24
fees.72-25
3. When a driver or certificate holder fails to appear at the time and72-26
place stated in the notice for the hearing, the72-27
authority shall enter a finding of default. Upon a finding of default, the72-28
72-29
or certificate of the person who failed to appear and impose the penalties72-30
provided in this chapter. For good cause shown, the72-31
authority may set aside a finding of default and proceed with the hearing.72-32
4. Any person who operates or permits a taxicab or limousine to be72-33
operated in passenger service without a certificate of public convenience72-34
and necessity issued pursuant to NRS 706.8827, is guilty of a gross72-35
misdemeanor. If a law enforcement officer witnesses a violation of this72-36
subsection, he may cause the vehicle to be towed immediately from the72-37
scene.72-38
5. The conviction of a person pursuant to subsection 1 does not bar the72-39
taxicab authority72-40
certificate, permit or license of the person convicted. The imposition of a72-41
fine or suspension or revocation of any certificate, permit or license by the72-42
taxicab authority72-43
proceeding brought under subsection 1.73-1
Sec. 136. NRS 232.510 is hereby amended to read as follows: 232.510 1. The department of business and industry is hereby73-3
created.73-4
2. The department consists of a director and the following:73-5
(a) Consumer affairs division.73-6
(b) Division of financial institutions.73-7
(c) Housing division.73-8
(d) Manufactured housing division.73-9
(e) Real estate division.73-10
(f) Division of unclaimed property.73-11
(g) Division of insurance.73-12
(h) Division of industrial relations.73-13
(i) Office of labor commissioner.73-14
(j) Taxicab authority73-15
northern Nevada.73-16
(k) Nevada athletic commission.73-17
(l) Office of the Nevada attorney for injured workers.73-18
(m) Transportation services authority.73-19
(n) Any other office, commission, board, agency or entity created or73-20
placed within the department pursuant to a specific statute, the budget73-21
approved by the legislature or an executive order, or an entity whose73-22
budget or activities have been placed within the control of the department73-23
by a specific statute.73-24
Sec. 137. NRS 232.520 is hereby amended to read as follows: 232.520 The director:73-26
1. Shall appoint a chief or executive director, or both of them, of each73-27
of the divisions, offices, commissions, boards, agencies or other entities of73-28
the department, unless the authority to appoint such a chief or executive73-29
director, or both of them, is expressly vested in another person, board or73-30
commission by a specific statute. In making the appointments, the director73-31
may obtain lists of qualified persons from professional organizations,73-32
associations or other groups recognized by the department, if any. The73-33
chief of the consumer affairs division is the commissioner of consumer73-34
affairs, the chief of the division of financial institutions is the commissioner73-35
of financial institutions, the chief of the housing division is the73-36
administrator of the housing division, the chief of the manufactured housing73-37
division is the administrator of the manufactured housing division, the chief73-38
of the real estate division is the real estate administrator, the chief of the73-39
division of unclaimed property is the administrator of unclaimed property,73-40
the chief of the division of insurance is the commissioner of insurance, the73-41
chief of the division of industrial relations is the administrator of the73-42
division of industrial relations, the chief of the office of labor commissioner73-43
is the labor commissioner, the chief of the taxicab authority for southern74-1
Nevada is the taxicab administrator, the chief of the taxicab authority for74-2
northern Nevada is the taxicab administrator, the chief of the74-3
transportation services authority is the74-4
authority and the chief of any other entity of the department has the title74-5
specified by the director, unless a different title is specified by a specific74-6
statute.74-7
2. Is responsible for the administration of all provisions of law relating74-8
to the jurisdiction, duties and functions of all divisions and other entities74-9
within the department. The director may, if he deems it necessary to carry74-10
out his administrative responsibilities, be considered as a member of the74-11
staff of any division or other entity of the department for the purpose of74-12
budget administration or for carrying out any duty or exercising any power74-13
necessary to fulfill the responsibilities of the director pursuant to this74-14
subsection. The provisions of this subsection do not authorize the director74-15
to preempt any authority or jurisdiction granted by statute to any division or74-16
other entity within the department or authorize the director to act or take on74-17
a function that would contravene a rule of court or a statute.74-18
3. May:74-19
(a) Establish uniform policies for the department, consistent with the74-20
policies and statutory responsibilities and duties of the divisions and other74-21
entities within the department, relating to matters concerning budgeting,74-22
accounting, planning, program development, personnel, information74-23
services, dispute resolution, travel, workplace safety, the acceptance of gifts74-24
or donations, the management of records and any other subject for which a74-25
uniform departmental policy is necessary to ensure the efficient operation74-26
of the department.74-27
(b) Provide coordination among the divisions and other entities within74-28
the department, in a manner which does not encroach upon their statutory74-29
powers and duties, as they adopt and enforce regulations, execute74-30
agreements, purchase goods, services or equipment, prepare legislative74-31
requests and lease or use office space.74-32
(c) Define the responsibilities of any person designated to carry out the74-33
duties of the director relating to financing, industrial development or74-34
business support services.74-35
4. May, within the limits of the financial resources made available to74-36
him, promote, participate in the operation of, and create or cause to be74-37
created, any nonprofit corporation, pursuant to chapter 82 of NRS, which74-38
he determines is necessary or convenient for the exercise of the powers and74-39
duties of the department. The purposes, powers and operation of the74-40
corporation must be consistent with the purposes, powers and duties of the74-41
department.75-1
5. For any bonds which he is otherwise authorized to issue, may issue75-2
bonds the interest on which is not exempt from federal income tax or75-3
excluded from gross revenue for the purposes of federal income tax.75-4
6. May, except as otherwise provided by specific statute, adopt by75-5
regulation a schedule of fees and deposits to be charged in connection with75-6
the programs administered by him pursuant to chapters 348A and 349 of75-7
NRS. Except as otherwise provided, the amount of any such fee or deposit75-8
must not exceed 2 percent of the principal amount of the financing.75-9
7. May designate any person within the department to perform any of75-10
the duties or responsibilities, or exercise any of the authority, of the75-11
director on his behalf.75-12
8. May negotiate and execute agreements with public or private entities75-13
which are necessary to the exercise of the powers and duties of the director75-14
or the department.75-15
9. May establish a trust account in the state treasury for depositing and75-16
accounting for money that is held in escrow or is on deposit with the75-17
department for the payment of any direct expenses incurred by the director75-18
in connection with any bond programs administered by the director. The75-19
interest and income earned on money in the trust account, less any amount75-20
deducted to pay for applicable charges, must be credited to the trust75-21
account. Any balance remaining in the account at the end of a fiscal year75-22
may be:75-23
(a) Carried forward to the next fiscal year for use in covering the75-24
expense for which it was originally received; or75-25
(b) Returned to any person entitled thereto in accordance with75-26
agreements or regulations of the director relating to those bond programs.75-27
Sec. 138. NRS 268.097 is hereby amended to read as follows: 268.097 1. Except as otherwise provided in subsections 2 and 3, and75-29
sections 20 and 21 of this act, notwithstanding the provisions of any local,75-30
special or general law, after July 1, 1963, the governing body of any75-31
incorporated city in this state, whether incorporated by general or special75-32
act, or otherwise, may not supervise or regulate any taxicab motor carrier as75-33
defined in NRS 706.126 which is under the supervision and regulation of75-34
75-35
2. The governing body of any incorporated city in this state, whether75-36
incorporated by general or special act, or otherwise, may fix, impose and75-37
collect a license tax on and from a taxicab motor carrier for revenue75-38
purposes only.75-39
3. The governing body of any incorporated city in any county in which75-40
the provisions of NRS75-41
sections 12 to 21, inclusive, of this act do not apply, whether incorporated75-42
by general or special act, or otherwise, may regulate by ordinance the75-43
qualifications required of employees or lessees of a taxicab motor carrier in76-1
a manner consistent with the regulations adopted by the transportation76-2
services authority.76-3
Sec. 139. (Deleted by amendment.)76-4
Sec. 140. NRS 362.120 is hereby amended to read as follows: 362.120 1. The department shall, from the statement and from all76-6
obtainable data, evidence and reports, compute in dollars and cents the76-7
gross yield and net proceeds of the period covered by the statement.76-8
2. The gross yield must include the value of any mineral extracted76-9
which was:76-10
(a) Sold;76-11
(b) Exchanged for any thing or service;76-12
(c) Removed from the state in a form ready for use or sale; or76-13
(d) Used in a manufacturing process or in providing a service,76-14
during the period covered by the statement.76-15
3. The net proceeds are ascertained and determined by subtracting76-16
from the gross yield the following deductions for costs incurred during that76-17
period, and none other:76-18
(a) The actual cost of extracting the mineral.76-19
(b) The actual cost of transporting the mineral to the place or places of76-20
reduction, refining and sale.76-21
(c) The actual cost of reduction, refining and sale.76-22
(d) The actual cost of marketing and delivering the mineral and the76-23
conversion of the mineral into money.76-24
(e) The actual cost of maintenance and repairs of:76-25
(1) All machinery, equipment, apparatus and facilities used in the76-26
mine.76-27
(2) All milling, refining, smelting and reduction works, plants and76-28
facilities.76-29
(3) All facilities and equipment for transportation except those that76-30
are under the jurisdiction of the public utilities commission of Nevada .76-31
76-32
(f) The actual cost of fire insurance on the machinery, equipment,76-33
apparatus, works, plants and facilities76-34
(e).76-35
(g) Depreciation of the original capitalized cost of the machinery,76-36
equipment, apparatus, works, plants and facilities76-37
paragraph (e). The annual depreciation charge consists of amortization of76-38
the original cost in a manner prescribed by regulation of the Nevada tax76-39
commission. The probable life of the property represented by the original76-40
cost must be considered in computing the depreciation charge.76-41
(h) All money expended for premiums for industrial insurance, and the76-42
actual cost of hospital and medical attention and accident benefits and76-43
group insurance for all employees.77-1
(i) All money paid as contributions or payments under the77-2
unemployment compensation law of the State of Nevada, as contained in77-3
chapter 612 of NRS, all money paid as contributions under the Social77-4
Security Act of the Federal Government, and all money paid to either the77-5
State of Nevada or the Federal Government under any amendment to either77-6
or both of the statutes77-7
(j) The actual cost of developmental work in or about the mine or upon77-8
a group of mines when operated as a unit.77-9
(k) All money paid as royalties by a lessee or sublessee of a mine or77-10
well, or by both, in determining the net proceeds of the lessee or sublessee,77-11
or both.77-12
4. Royalties deducted by a lessee or sublessee constitute part of the net77-13
proceeds of the minerals extracted, upon which a tax must be levied against77-14
the person to whom the royalty has been paid.77-15
5. Every person acquiring property in the State of Nevada to engage in77-16
the extraction of minerals and who incurs any of the expenses77-17
set forth in subsection 3 shall report those expenses and the recipient of any77-18
royalty to the department on forms provided by the department.77-19
6. The several deductions77-20
include any expenditures for salaries, or any portion of salaries, of any77-21
person not actually engaged in:77-22
(a) The working of the mine;77-23
(b) The operating of the mill, smelter or reduction works;77-24
(c) The operating of the facilities or equipment for transportation;77-25
(d) Superintending the management of any of those operations; or77-26
(e) The State of Nevada, in office, clerical or engineering work77-27
necessary or proper in connection with any of those operations.77-28
Sec. 141. NRS 373.117 is hereby amended to read as follows: 373.117 1. A regional transportation commission, a county whose77-30
population is less than 100,000 or an incorporated city within such a county77-31
may establish or operate a public transit system consisting of:77-32
(a) Regular routes and fixed schedules to serve the public;77-33
(b) Nonemergency medical transportation of persons to facilitate their77-34
use of a center as defined in NRS 435.170, if the transportation is available77-35
upon request and without regard to regular routes or fixed schedules;77-36
(c) Nonmedical transportation of disabled persons without regard to77-37
regular routes or fixed schedules; or77-38
(d) In a county whose population is less than 100,000 or an incorporated77-39
city within such a county, nonmedical transportation of persons if the77-40
transportation is available by reservation 1 day in advance of the77-41
transportation and without regard to regular routes or fixed schedules.78-1
2. A regional transportation commission may lease vehicles to or from78-2
or enter into other contracts with a private operator for the provision of78-3
such a system.78-4
3. In a county whose population is less than 400,000, such a system78-5
may also provide service which includes:78-6
(a) Minor deviations from the regular routes and fixed schedules78-7
required by paragraph (a) of subsection 1 on a recurring basis to serve the78-8
public transportation needs of passengers. The deviations must not exceed78-9
one-half mile from the regular routes.78-10
(b) The transporting of persons other than those specified in paragraph78-11
(b), (c) or (d) of subsection 1 upon request without regard to regular routes78-12
or fixed schedules, if the service is provided by a common motor carrier .78-13
78-14
78-15
78-16
78-17
4. Notwithstanding the provisions of chapter 332 of NRS or NRS78-18
625.530, a regional transportation commission may utilize a turnkey78-19
procurement process to select a person to design, build, operate and78-20
maintain, or any combination thereof, a fixed guideway system, including,78-21
without limitation, any minimum operable segment thereof. The78-22
commission shall determine whether to utilize turnkey procurement for a78-23
fixed guideway project before the completion of the preliminary78-24
engineering phase of the project. In making that determination, the78-25
commission shall evaluate whether turnkey procurement is the most cost78-26
effective method of constructing the project on schedule and in satisfaction78-27
of its transportation objectives.78-28
5. Notwithstanding the provisions of chapter 332 of NRS, a regional78-29
transportation commission may utilize a competitive negotiation78-30
procurement process to procure rolling stock for a fixed guideway project.78-31
The award of a contract under such a process must be made to the person78-32
whose proposal is determined to be the most advantageous to the78-33
commission, based on price and other factors specified in the procurement78-34
documents.78-35
6. If a commission develops a fixed guideway project, the department78-36
of transportation is hereby designated to serve as the oversight agency to78-37
ensure compliance with the federal safety regulations for rail fixed78-38
guideway systems set forth in 49 C.F.R. Part 659.78-39
7. As used in this section:78-40
(a)78-41
78-42
79-1
79-2
79-3
79-4
guideway system that is technically capable of providing viable public79-5
transportation between two end points.79-6
79-7
rails or any other means of conveyance, by whatever type of power,79-8
operated for public use in the conveyance of persons.79-9
79-10
process by which a person is selected by a regional transportation79-11
commission, based on evaluation criteria established by the commission, to79-12
design, build, operate and maintain, or any combination thereof, a fixed79-13
guideway system, or a portion thereof, in accordance with performance79-14
criteria and technical specifications established by the commission.79-15
Sec. 142. NRS 377A.140 is hereby amended to read as follows: 377A.14079-17
public transit system in a county whose population is 400,000 or more may,79-18
in addition to providing local transportation within the county and the79-19
services described in NRS 377A.130, provide:79-20
79-21
79-22
requested by the general public,79-23
if those additional services are included and described in a long-range plan79-24
adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.79-25
79-26
79-27
79-28
79-29
79-30
79-31
79-32
79-33
79-34
79-35
79-36
79-37
79-38
79-39
79-40
79-41
79-42
80-1
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, a80-3
board of trustees may use transportation80-4
district for:80-5
(a) Arranging and paying for transportation, in accordance with80-6
subsection 2, by motor vehicles or otherwise, by contract or such other80-7
arrangement as the board of trustees finds most economical, expedient and80-8
feasible and for the best interests of the school district.80-9
(b) Purchasing tickets at reduced rates for the transportation of pupils,80-10
including, without limitation, homeless pupils, on public buses for use by80-11
pupils enrolled in middle school, junior high school and high school to80-12
travel to and from school.80-13
2. Transportation may be arranged and contracted for by a board of80-14
trustees with:80-15
(a) Any railroad company holding a certificate of public convenience80-16
and necessity issued by the public utilities commission of Nevada80-17
bus company or other80-18
80-19
80-20
(b) The owners and operators of private automobiles or other private80-21
motor vehicles, including parents of pupils who attend school and are80-22
entitled to transportation. When required by the board of trustees, every80-23
such private automobile or other private motor vehicle regularly80-24
transporting pupils must be insured in the amount required by regulation of80-25
the state board against the loss and damage described in subsection 2 of80-26
NRS 392.320.80-27
Sec. 144. NRS 427A.070 is hereby amended to read as follows: 427A.070 1. The administrator shall:80-29
(a) Subject to the approval of the director, adopt rules and regulations:80-30
(1) Necessary to carry out the purposes of this chapter; and80-31
(2) Establishing a program to subsidize the transportation by taxicab80-32
of the elderly and the permanently handicapped from money received80-33
pursuant to subsection80-34
(b) Establish appropriate administrative units within the division;80-35
(c) Appoint such personnel and prescribe their duties as he deems80-36
necessary for the proper and efficient performance of the functions of the80-37
division;80-38
(d) Prepare and submit to the governor, through the director before80-39
September 1 of each even-numbered year for the biennium ending June 3080-40
of such year, reports of activities and expenditures and estimates of sums80-41
required to carry out the purposes of this chapter;80-42
(e) Make certification for disbursement of funds available for carrying80-43
out the purposes of this chapter; and81-1
(f) Take such other action as may be necessary or appropriate for81-2
cooperation with public and private agencies and otherwise to carry out the81-3
purposes of this chapter.81-4
2. The administrator may delegate to any officer or employee of the81-5
division such of his powers and duties as he finds necessary to carry out the81-6
purposes of this chapter.81-7
Sec. 145. (Deleted by amendment.)81-8
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 and81-10
operates the vehicle pursuant to that lease may apply to the department for81-11
a temporary permit to operate the vehicle if the vehicle:81-12
(a) Is not subject to the provisions of NRS 482.390 and 482.395;81-13
(b) Is not currently registered in this state, another state or a foreign81-14
country; and81-15
(c) Is operated at the vehicle’s unladen weight.81-16
2. The department shall charge $10 for such a temporary permit, in81-17
addition to all other applicable fees and taxes.81-18
3. Such a temporary permit must:81-19
(a) Bear the date of its expiration;81-20
(b) Expire at 5 p.m. on the 15th day after its date of issuance;81-21
(c) Be affixed to the vehicle in a manner prescribed by the department;81-22
and81-23
(d) Be removed and destroyed upon its expiration or upon the issuance81-24
of a certificate of registration for the vehicle, whichever occurs first.81-25
4. As used in this section, "carrier" means a common motor carrier of81-26
passengers as defined in NRS 706.041, a common motor carrier of property81-27
as defined in NRS 706.046, a contract motor carrier as defined in NRS81-28
706.051,81-29
81-30
motor carrier as defined in section 5 of this act or a carrier of household81-31
goods as defined in section 2.5 of this act.81-32
Sec. 147. NRS 483.160 is hereby amended to read as follows: 483.160 1. "School bus" means every motor vehicle owned by or81-34
under the control of a public or governmental agency or a private school81-35
and regularly operated for the transportation of children to or from school81-36
or a school activity or privately owned and regularly operated for81-37
compensation for the transportation of children to or from school or a81-38
school activity.81-39
2. "School bus" does not include a passenger car operated under a81-40
contract to transport children to and from school, a common carrier or81-41
commercial vehicle under the jurisdiction of the Surface Transportation81-42
Board82-1
operated in the regular conduct of its business in interstate or intrastate82-2
commerce within the State of Nevada.82-3
Sec. 148. NRS 484.148 is hereby amended to read as follows: 484.148 1. "School bus" means every motor vehicle owned by or82-5
under the control of a public or governmental agency or a private school82-6
and regularly operated for the transportation of children to or from school82-7
or a school activity or privately owned and regularly operated for82-8
compensation for the transportation of children to or from school or a82-9
school activity.82-10
2. "School bus" does not include a passenger car operated under a82-11
contract to transport children to and from school, a common carrier or82-12
commercial vehicle under the jurisdiction of the Surface Transportation82-13
Board82-14
operated in the regular conduct of its business in interstate or intrastate82-15
commerce within the State of Nevada.82-16
Sec. 149. NRS 487.038 is hereby amended to read as follows: 487.038 1. Except as otherwise provided in subsections 3 and 4, the82-18
owner or person in lawful possession of any real property may, after giving82-19
notice pursuant to subsection 2, utilize the services of any82-20
operator of a tow car subject to the jurisdiction of the transportation82-21
services authority to remove any vehicle parked in an unauthorized manner82-22
on that property to the nearest public garage or storage yard if:82-23
(a) A sign is displayed in plain view on the property declaring public82-24
parking to be prohibited or restricted in a certain manner; and82-25
(b) The sign shows the telephone number of the police department or82-26
sheriff’s office.82-27
2. Oral notice must be given to the police department or sheriff’s82-28
office, whichever is appropriate, indicating:82-29
(a) The time the vehicle was removed;82-30
(b) The location from which the vehicle was removed; and82-31
(c) The location to which the vehicle was taken.82-32
3. Any vehicle which is parked in a space designated for the82-33
handicapped and is not properly marked for such parking may be removed82-34
if notice is given to the police department or sheriff’s office pursuant to82-35
subsection 2, whether or not a sign is displayed pursuant to subsection 1.82-36
4. The owner or person in lawful possession of residential real property82-37
upon which a single-family dwelling is located may, after giving notice82-38
pursuant to subsection 2, utilize the services of any82-39
tow car subject to the jurisdiction of the transportation services authority to82-40
remove any vehicle parked in an unauthorized manner on that property to82-41
the nearest public garage or storage yard, whether or not a sign is displayed82-42
pursuant to subsection 1.83-1
5. All costs incurred, under the provisions of this section, for towing83-2
and storage must be borne by the owner of the vehicle, as that term is83-3
defined in NRS 484.091.83-4
6. The provisions of this section do not limit or affect any rights or83-5
remedies which the owner or person in lawful possession of real property83-6
may have by virtue of other provisions of the law authorizing the removal83-7
of a vehicle parked on that property.83-8
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 brand83-10
inspection district.83-11
2. After the creation of any brand inspection district as authorized by83-12
this chapter all animals within any such district are subject to brand83-13
inspection in accordance with the provisions of this chapter before:83-14
(a) Consignment for slaughter within any district;83-15
(b) Any transfer of ownership by sale or otherwise; or83-16
(c) Removal from the district if the removal is not authorized pursuant83-17
to a livestock movement permit issued by the department.83-18
3. If a brand inspection district is created by the department pursuant to83-19
the provisions of this chapter, the director shall adopt regulations defining83-20
the boundaries of the district and the fees to be collected for brand83-21
inspection and prescribing such other methods of procedure not83-22
inconsistent with the provisions of this chapter as he considers necessary.83-23
4. Any regulations adopted pursuant to the provisions of this section83-24
must be published at least twice in a newspaper having a general circulation83-25
in the brand inspection district created by the regulations .83-26
83-27
83-28
Such publication and notification constitutes legal notice of the creation of83-29
the brand inspection district. The expense of advertising and notification83-30
must be paid from the livestock inspection account.83-31
Sec. 151. NRS 599B.010 is hereby amended to read as follows: 599B.010 As used in this chapter, unless the context otherwise83-33
requires:83-34
1. "Chance promotion" means any plan in which premiums are83-35
distributed by random or chance selection.83-36
2. "Commissioner" means the commissioner of consumer affairs.83-37
3. "Consumer" means a person who is solicited by a seller or salesman.83-38
4. "Division" means the consumer affairs division of the department of83-39
business and industry.83-40
5. "Donation" means a promise, grant or pledge of money, credit,83-41
property, financial assistance or other thing of value given in response to a83-42
solicitation by telephone, including, but not limited to, a payment or83-43
promise to pay in consideration for a performance, event or sale of goods84-1
or services. The term does not include volunteer services, government84-2
grants or contracts or a payment by members of any organization of84-3
membership fees, dues, fines or assessments or for services rendered by the84-4
organization to those persons, if:84-5
(a) The fees, dues, fines, assessments or services confer a bona fide84-6
right, privilege, professional standing, honor or other direct benefit upon84-7
the member; and84-8
(b) Membership in the organization is not conferred solely in84-9
consideration for making a donation in response to a solicitation.84-10
6. "Goods or services" means any property, tangible or intangible, real,84-11
personal or mixed, and any other article, commodity or thing of value.84-12
7. "Premium" includes any prize, bonus, award, gift or any other84-13
similar inducement or incentive to purchase.84-14
8. "Recovery service" means a business or other practice whereby a84-15
person represents or implies that he will, for a fee, recover any amount of84-16
money that a consumer has provided to a seller or salesman pursuant to a84-17
solicitation governed by the provisions of this chapter.84-18
9. "Salesman" means any person:84-19
(a) Employed or authorized by a seller to sell, or to attempt to sell,84-20
goods or services by telephone;84-21
(b) Retained by a seller to provide consulting services relating to the84-22
management or operation of the seller’s business; or84-23
(c) Who communicates on behalf of a seller with a consumer:84-24
(1) In the course of a solicitation by telephone; or84-25
(2) For the purpose of verifying, changing or confirming an order,84-26
except that a person is not a salesman if his only function is to identify a84-27
consumer by name only and he immediately refers the consumer to a84-28
salesman.84-29
10. Except as otherwise provided in subsection 11, "seller" means any84-30
person who, on his own behalf, causes or attempts to cause a solicitation by84-31
telephone to be made through the use of one or more salesmen or any84-32
automated dialing announcing device under any of the following84-33
circumstances:84-34
(a) The person initiates contact by telephone with a consumer and84-35
represents or implies:84-36
(1) That a consumer who buys one or more goods or services will84-37
receive additional goods or services, whether or not of the same type as84-38
purchased, without further cost, except for actual postage or common84-39
carrier charges;84-40
(2) That a consumer will or has a chance or opportunity to receive a84-41
premium;84-42
(3) That the items for sale are gold, silver or other precious metals,84-43
diamonds, rubies, sapphires or other precious stones, or any interest in oil,85-1
gas or mineral fields, wells or exploration sites or any other investment85-2
opportunity;85-3
(4) That the product offered for sale is information or opinions85-4
relating to sporting events;85-5
(5) That the product offered for sale is the services of a recovery85-6
service; or85-7
(6) That the consumer will receive a premium , or goods or services if85-8
he makes a donation;85-9
(b) The solicitation by telephone is made by the person in response to85-10
inquiries from a consumer generated by a notification or communication85-11
sent or delivered to the consumer that represents or implies:85-12
(1) That the consumer has been in any manner specially selected to85-13
receive the notification or communication or the offer contained in the85-14
notification or communication;85-15
(2) That the consumer will receive a premium if the recipient calls the85-16
person;85-17
(3) That if the consumer buys one or more goods or services from the85-18
person, the consumer will also receive additional or other goods or85-19
services, whether or not the same type as purchased, without further cost or85-20
at a cost that the person represents or implies is less than the regular price85-21
of the goods or services;85-22
(4) That the product offered for sale is the services of a recovery85-23
service; or85-24
(5) That the consumer will receive a premium or goods or services if85-25
he makes a donation; or85-26
(c) The solicitation by telephone is made by the person in response to85-27
inquiries generated by advertisements that represent or imply that the85-28
person is offering to sell any:85-29
(1) Gold, silver or other metals, including coins, diamonds, rubies,85-30
sapphires or other stones, coal or other minerals or any interest in oil, gas85-31
or other mineral fields, wells or exploration sites, or any other investment85-32
opportunity;85-33
(2) Information or opinions relating to sporting events; or85-34
(3) Services of a recovery service.85-35
11. "Seller" does not include:85-36
(a) A person licensed pursuant to chapter 90 of NRS when soliciting85-37
offers, sales or purchases within the scope of his license.85-38
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or85-39
696A of NRS when soliciting sales within the scope of his license.85-40
(c) A person licensed as an insurance broker, agent or solicitor when85-41
soliciting sales within the scope of his license.86-1
(d) Any solicitation of sales made by the publisher of a newspaper or86-2
magazine or by an agent of the publisher pursuant to a written agreement86-3
between the agent and publisher.86-4
(e) A broadcaster soliciting sales who is licensed by any state or federal86-5
authority, if the solicitation is within the scope of the broadcaster’s license.86-6
(f) A person who solicits a donation from a consumer when:86-7
(1) The person represents or implies that the consumer will receive a86-8
premium or goods or services with an aggregated fair market value of 286-9
percent of the donation or $50, whichever is less; or86-10
(2) The consumer provides a donation of $50 or less in response to86-11
the solicitation.86-12
(g) A charitable organization which is registered or approved to conduct86-13
a lottery pursuant to chapter 462 of NRS.86-14
(h) A public utility86-15
carrier which is regulated pursuant to chapter 704 or 706 of NRS, or86-16
an affiliate of such a utility or86-17
the scope of its certificate or86-18
(i) A utility which is regulated pursuant to chapter 710 of NRS, or86-19
an affiliate of such a utility.86-20
(j) A person soliciting the sale of books, recordings, video cassettes,86-21
software for computer systems or similar items through:86-22
(1) An organization whose method of sales is governed by the86-23
provisions of Part 425 of Title 16 of the Code of Federal Regulations86-24
relating to the use of negative option plans by sellers in commerce;86-25
(2) The use of continuity plans, subscription arrangements,86-26
arrangements for standing orders, supplements, and series arrangements86-27
pursuant to which the person periodically ships merchandise to a consumer86-28
who has consented in advance to receive the merchandise on a periodic86-29
basis and has the opportunity to review the merchandise for at least 10 days86-30
and return it for a full refund within 30 days after it is received; or86-31
(3) An arrangement pursuant to which the person ships merchandise86-32
to a consumer who has consented in advance to receive the merchandise86-33
and has the opportunity to review the merchandise for at least 10 days and86-34
return it for a full refund within 30 days after it is received.86-35
(k) A person who solicits sales by periodically publishing and delivering86-36
a catalog to consumers if the catalog:86-37
(1) Contains a written description or illustration of each item offered86-38
for sale and the price of each item;86-39
(2) Includes the business address of the person;86-40
(3) Includes at least 24 pages of written material and illustrations;86-41
(4) Is distributed in more than one state; and86-42
(5) Has an annual circulation by mailing of not less than 250,000.87-1
(l) A person soliciting without the intent to complete and who does not87-2
complete, the sales transaction by telephone but completes the sales87-3
transaction at a later face-to-face meeting between the solicitor and the87-4
consumer, if the person, after soliciting a sale by telephone, does not cause87-5
another person to collect the payment from or deliver any goods or services87-6
purchased to the consumer.87-7
(m) Any commercial bank, bank holding company, subsidiary or87-8
affiliate of a bank holding company, trust company, savings and loan87-9
association, credit union, industrial loan company, personal property87-10
broker, consumer finance lender, commercial finance lender, or insurer87-11
subject to regulation by an official or agency of this state or of the United87-12
States, if the solicitation is within the scope of the certificate or license held87-13
by the entity.87-14
(n) A person holding a certificate of authority issued pursuant to chapter87-15
452 of NRS when soliciting sales within the scope of the certificate.87-16
(o) A person licensed pursuant to chapter 689 of NRS when soliciting87-17
sales within the scope of his license.87-18
(p) A person soliciting the sale of services provided by a community87-19
antenna television company subject to regulation pursuant to chapter 711 of87-20
NRS.87-21
(q) A person soliciting the sale of agricultural products, if the87-22
solicitation is not intended to and does not result in a sale of more than87-23
$100 that is to be delivered to one address. As used in this paragraph,87-24
"agricultural products" has the meaning ascribed to it in NRS 587.290.87-25
(r) A person who has been operating, for at least 2 years, a retail87-26
business establishment under the same name as that used in connection with87-27
the solicitation of sales by telephone if, on a continuing basis:87-28
(1) Goods are displayed and offered for sale or services are offered87-29
for sale and provided at the person’s business establishment; and87-30
(2) At least 50 percent of the person’s business involves the buyer87-31
obtaining such goods or services at the person’s business establishment.87-32
(s) A person soliciting only the sale of telephone answering services to87-33
be provided by the person or his employer.87-34
(t) A person soliciting a transaction regulated by the Commodity Futures87-35
Trading Commission, if:87-36
(1) The person is registered with or temporarily licensed by the87-37
Commission to conduct that activity pursuant to the Commodity Exchange87-38
Act ,87-39
(2) The registration or license has not expired or been suspended or87-40
revoked.87-41
(u) A person who contracts for the maintenance or repair of goods87-42
previously purchased from the person:87-43
(1) Making the solicitation; or88-1
(2) On whose behalf the solicitation is made.88-2
(v) A person to whom a license to operate an information service or a88-3
nonrestricted gaming license, which is current and valid, has been issued88-4
pursuant to chapter 463 of NRS when soliciting sales within the scope of88-5
his license.88-6
(w) A person who solicits a previous customer of the business on whose88-7
behalf the call is made if the person making the call:88-8
(1) Does not offer the customer any premium in connection with the88-9
sale;88-10
(2) Is not selling an investment or an opportunity for an investment88-11
that is not registered with any state or federal authority; and88-12
(3) Is not regularly engaged in telephone sales.88-13
(x) A person who solicits the sale of livestock.88-14
(y) An issuer which has a class of securities that is listed on the New88-15
York Stock Exchange, the American Stock Exchange or the National88-16
Market System of the National Association of Securities Dealers88-17
Automated Quotation System.88-18
(z) A subsidiary of an issuer that qualifies for exemption pursuant to88-19
paragraph (y) if at least 60 percent of the voting power of the shares of the88-20
subsidiary is owned by the issuer.88-21
Sec. 151.5. Section 1 of Assembly Bill No. 677 of this session is88-22
hereby amended to read as follows:88-23
Section 1. Chapter 706 of NRS is hereby amended by adding88-24
thereto a new section to read as follows:88-25
1. Notwithstanding any provision of this section and NRS88-26
88-27
88-28
session to the contrary, if the registered owner of a vehicle which is88-29
impounded pursuant to NRS88-30
lessor licensed pursuant to NRS 482.363 who is engaged in the88-31
business of renting or leasing vehicles in accordance with NRS88-32
482.295 to 482.3159, inclusive, the registered owner is not liable88-33
for any administrative fine or other penalty that may be imposed by88-34
88-35
violation of NRS88-36
inclusive, and sections 12 to 21, inclusive, of Senate Bill No. 49188-37
of this session, if at the time that the vehicle was impounded, the88-38
vehicle was in the care, custody or control of a lessee.88-39
2. A short-term lessor may establish that a vehicle was subject88-40
to the care, custody or control of a lessee at the time that the vehicle88-41
was impounded pursuant to NRS88-42
submitting to the taxicab authority a true copy of the lease or rental88-43
agreement pursuant to which the vehicle was leased or rented to the89-1
lessee by the short-term lessor. The submission of a true copy of a89-2
lease or rental agreement is prima facie evidence that the vehicle89-3
was in the care, custody or control of the lessee.89-4
3. Upon the receipt of a true copy of a written lease or rental89-5
agreement pursuant to subsection 2 which evidences that the vehicle89-6
impounded by the taxicab authority pursuant to NRS89-7
706.88395 was under the care, custody or control of a lessee and89-8
not the registered owner of the vehicle, the taxicab authority shall89-9
release the vehicle to the short-term lessor.89-10
4. As used in this section, "short-term lessor" has the meaning89-11
ascribed to it in NRS 482.053.89-12
Sec. 151.7. The title of Assembly Bill No. 677 of this session is89-13
hereby amended to read as follows:89-14
AN ACT relating to vehicles; providing immunity under certain89-15
circumstances for short-term lessors of vehicles from89-16
administrative fines and other penalties that may be89-17
imposed by89-18
authority for vehicles leased by short-term lessors that are89-19
operated in passenger service without a certificate of89-20
public convenience and necessity; providing for the89-21
release of such a vehicle impounded by89-22
89-23
term lessor; and providing other matters properly relating89-24
thereto.89-25
Sec. 151.8. Section 5 of Senate Bill No. 68 of this session is hereby89-26
amended to read as follows:89-27
Sec. 5. "Category II peace officer" means:89-28
1. The bailiff of the supreme court;89-29
2. The bailiffs of the district courts, justices’ courts and89-30
municipal courts whose duties require them to carry weapons and89-31
make arrests;89-32
3. Constables and their deputies whose official duties require89-33
them to carry weapons and make arrests;89-34
4. Inspectors employed by the transportation services authority89-35
who exercise those powers of enforcement conferred by chapters89-36
706 and 712 of NRS;89-37
5. Parole and probation officers;89-38
6. Special investigators who are employed full time by the89-39
office of any district attorney or the attorney general;89-40
7. Investigators of arson for fire departments who are specially89-41
designated by the appointing authority;89-42
8. The assistant and deputies of the state fire marshal;90-1
9. The brand inspectors of the division of agriculture of the90-2
department of business and industry who exercise the powers of90-3
enforcement conferred by chapter 565 of NRS;90-4
10. Investigators for the state forester firewarden who are90-5
specially designated by him and whose primary duties are related to90-6
the investigation of arson;90-7
11. School police officers employed by the board of trustees of90-8
any county school district;90-9
12. Agents of the state gaming control board who exercise the90-10
powers of enforcement specified in NRS 289.360, 463.140 or90-11
463.1405, except those agents whose duties relate primarily to90-12
auditing, accounting, the collection of taxes or license fees, or the90-13
investigation of applicants for licenses;90-14
13. Investigators and administrators of the bureau of90-15
enforcement of the registration division of the department of motor90-16
vehicles and public safety who perform the duties specified in90-17
subsection 3 of NRS 481.048;90-18
14. Officers and investigators of the section for the control of90-19
emissions from vehicles of the registration division of the90-20
department of motor vehicles and public safety who perform the90-21
duties specified in subsection 3 of NRS 481.0481;90-22
15. Legislative police officers of the State of Nevada;90-23
16. The personnel of the capitol police division of the90-24
department of motor vehicles and public safety appointed pursuant90-25
to subsection 2 of NRS 331.140;90-26
17. Parole counselors of the division of child and family90-27
services of the department of human resources;90-28
18. Juvenile probation officers and deputy juvenile probation90-29
officers employed by the various judicial districts in the State of90-30
Nevada or by a department of family, youth and juvenile services90-31
established pursuant to NRS 62.1264 whose official duties require90-32
them to enforce court orders on juvenile offenders and make arrests;90-33
19. Field investigators of90-34
20. Security officers employed full time by a city or county90-35
whose official duties require them to carry weapons and make90-36
arrests;90-37
21. The chief of a department of alternative sentencing created90-38
pursuant to NRS 211A.080 and the assistant alternative sentencing90-39
officers employed by that department; and90-40
22. Criminal investigators who are employed by the secretary90-41
of state.91-1
Sec. 152. 1. NRS 706.018, 706.021, 706.056, 706.072, 706.1512,91-2
706.1514, 706.158, 706.168, 706.266, 706.282, 706.356, 706.371,91-3
706.396, 706.436, 706.471, 706.6411, 706.749, 706.8811, 706.8812,91-4
706.8813, 706.8814, 706.8816, 706.8817, 706.8818 and 706.8828 are91-5
hereby repealed.91-6
2. Section 4 of Assembly Bill No. 677 of this session is hereby91-7
repealed.91-8
Sec. 153. Any regulations relating to liability insurance adopted by the91-9
transportation services authority pursuant to NRS 706.291, 706.303 or91-10
706.305, or the taxicab authority created pursuant to former NRS91-11
706.8818, remain in force until amended by the department of motor91-12
vehicles and public safety. On and after October 1, 1999, such regulations91-13
must be enforced by the department of motor vehicles and public safety.91-14
Sec. 154. On October 1, 1999, the transportation services authority91-15
and the taxicab authority created pursuant to former NRS 706.8818 shall91-16
forward to the department of motor vehicles and public safety all liability91-17
insurance policies, certificates of insurance, bonds of a surety company and91-18
other surety which have been filed with the transportation services authority91-19
and the taxicab authority created pursuant to former NRS 706.8818.91-20
Sec. 155. 1. Except to the extent of any inconsistency with the91-21
provisions of chapter 706 of NRS, any regulation adopted by the91-22
transportation services authority remains in effect in the counties which91-23
were not otherwise subject to the jurisdiction of the taxicab authority91-24
created pursuant to former NRS 706.8818 until the date on which the91-25
regulations adopted by the taxicab authority for northern Nevada pursuant91-26
to section 157 of this act become effective. The regulations of the91-27
transportation services authority must be enforced by the taxicab authority91-28
for northern Nevada during the period between October 1, 1999, and the91-29
date on which the regulations adopted by the taxicab authority for northern91-30
Nevada pursuant to section 157 of this act become effective.91-31
2. Any contracts or other agreements entered into on or before91-32
September 30, 1999, by the transportation services authority relating to the91-33
taxicab or limousine business are binding upon the taxicab authority which91-34
has jurisdiction over the taxicabs or limousines that are subject to the91-35
provisions of the contracts or other agreements. Such contracts and91-36
agreements may be enforced by the taxicab authority for northern Nevada.91-37
Sec. 156. 1. Except to the extent of any inconsistency with the91-38
provisions of chapter 706 of NRS, any regulation adopted by the taxicab91-39
authority created pursuant to former NRS 706.8818 remains in force in the91-40
county which was subject to the jurisdiction of that taxicab authority until91-41
the date on which the regulations adopted by the taxicab authority for91-42
southern Nevada pursuant to section 157 of this act become effective. The91-43
regulations of the taxicab authority created pursuant to former NRS92-1
706.8818 must be enforced by the taxicab authority for southern Nevada92-2
during the period between October 1, 1999, and the date on which the92-3
regulations adopted by the taxicab authority for southern Nevada pursuant92-4
to section 157 of this act become effective.92-5
2. Any contracts or other agreements entered into on or before92-6
September 30, 1999, by the taxicab authority created pursuant to former92-7
NRS 706.8818 are binding upon the taxicab authority for southern Nevada.92-8
Such contracts and agreements may be enforced by the taxicab authority for92-9
southern Nevada.92-10
Sec. 157. Not later than January 1, 2000, the taxicab authority for92-11
southern Nevada and the taxicab authority for northern Nevada shall adopt92-12
such regulations as are necessary to carry out the provisions of NRS92-13
706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act.92-14
Sec. 158. The board of county commissioners for each county92-15
required to enact an ordinance pursuant to section 20 of this act, relating to92-16
the regulation of taxicab motor carriers and limousine motor carriers that92-17
are based and primarily operate within the jurisdiction of the board of92-18
county commissioners shall enact such an ordinance not later than October92-19
1, 1999. The ordinance must become effective on October 1, 1999.92-20
Sec. 159. 1. Notwithstanding any specific statute to the contrary, the92-21
terms of office of all members of the taxicab authority created pursuant to92-22
NRS 706.8818 expire on September 30, 1999.92-23
2. Not later than October 1, 1999, the governor shall appoint three92-24
persons as members of the taxicab authority for southern Nevada, whose92-25
terms commence on October 1, 1999. Notwithstanding the provisions of92-26
section 12 of this act to the contrary, for the initial terms of the members of92-27
the taxicab authority for southern Nevada, the governor shall appoint:92-28
(a) Two members to 4-year terms; and92-29
(b) One member to a 3-year term.92-30
Sec. 160. 1. Not later than October 1, 1999, the governor shall92-31
appoint three persons as members of the taxicab authority for northern92-32
Nevada, whose terms commence on October 1, 1999.92-33
2. Notwithstanding the provisions of section 13 of this act to the92-34
contrary, for the initial terms of the members of the taxicab authority for92-35
northern Nevada, the governor shall appoint, in addition to the appointment92-36
of the sheriff of a county whose population is 100,000 or more but less than92-37
400,000:92-38
(a) One member to a 4-year term; and92-39
(b) One member to a 3-year term.92-40
Sec. 161. On October 1, 1999, the state controller shall transfer all92-41
assets and liabilities from the taxicab authority fund abolished pursuant to92-42
section 118 of this act to the taxicab authority regulatory fund for southern92-43
Nevada created pursuant to section 118 of this act.93-1
Sec. 161.3. Notwithstanding any provision of section 116 of this act to93-2
the contrary, a taxicab authority shall not establish a system of allocations93-3
for limousines in accordance with section 116 of this act on or before93-4
March 1, 2000.93-5
Sec. 161.7. 1. On October 1, 1999, the transportation services93-6
authority shall, with respect to each application for a certificate of public93-7
convenience and necessity to operate as a taxicab motor carrier or93-8
limousine motor carrier which has been filed with it and which it has not93-9
approved or denied as of that date, transfer the application:93-10
(a) To the appropriate taxicab authority that has jurisdiction over the93-11
applicant; or93-12
(b) If the applicant is based and will primarily operate in a county that93-13
has enacted an ordinance pursuant to section 20 of this act to exclude the93-14
county from the jurisdiction of a taxicab authority, to the board of county93-15
commissioners of that county.93-16
2. An application that is transferred to a taxicab authority pursuant to93-17
subsection 1 shall be deemed to have been filed with the taxicab authority.93-18
Sec. 162. The taxicab authority created pursuant to NRS 706.8818 and93-19
the transportation services authority shall cooperate fully and take all93-20
reasonable steps before October 1, 1999, to ensure that the provisions of93-21
this act are carried out in an orderly fashion.93-22
Sec. 162.5. The amendatory provisions of this act do not apply to93-23
offenses that were committed before October 1, 1999.93-24
Sec. 163. 1. This section, sections 20 and 21, subsection 2 of section93-25
152 and sections 158, 159, 160 and 162 of this act become effective upon93-26
passage and approval.93-27
2. Sections 1 to 19, inclusive, 22 to 96, inclusive, 97 to 107, inclusive,93-28
109 to 134.5, inclusive, 136 to 151, inclusive, 151.8, subsection 1 of93-29
section 152 and sections 153 to 157, inclusive, 161, 161.3, 161.7, 162.593-30
and 164 of this act become effective on October 1, 1999.93-31
3. Sections 108, 135, 151.5 and 151.7 of this act become effective at93-32
12:01 a.m. on October 1. 1999.93-33
Sec. 164. Sections 17, 18 and 19 of this act expire by limitation on the93-34
date on which the provisions of 42 U.S.C. § 666 requiring each state to93-35
establish procedures under which the state has authority to withhold or93-36
suspend, or to restrict the use of professional, occupational and recreational93-37
licenses of persons who:93-38
1. Have failed to comply with a subpoena or warrant relating to a93-39
proceeding to determine the paternity of a child or to establish or enforce93-40
an obligation for the support of a child; or93-41
2. Are in arrears in the payment for the support of one or more93-42
children,93-43
are repealed by the Congress of the United States.
94-1
LEADLINES OF REPEALED SECTIONS 706.018 "Authority" defined.94-3
706.021 "Broker" defined.94-4
706.056 "Converter gear dolly" defined.94-5
706.072 "Fully regulated carrier" defined. 706.1512 Authority: Designation of chairman by governor;94-7
executive officer; members in unclassified service of state. 706.1514 Authority: Power of majority of members; exercise of94-9
power and conduct of business by majority of members; hearings.94-10
706.158 Inapplicability of provisions governing brokers to motor94-11
clubs and charitable organizations. 706.168 Supervision of motor carriers separate from supervision94-13
of brokers. 706.266 Intrastate motor carriers required to furnish information94-15
to authority.94-16
706.282 Duty of fully regulated carrier that advertises to provide94-17
to person who publishes or distributes advertisement of certain94-18
information regarding natural person who requested advertisement;94-19
duty of person who publishes or distributes advertisement of fully94-20
regulated carrier to provide certain information to authority.94-21
706.356 Certain free transportation prohibited. 706.371 Powers of authority to regulate contract motor carriers. 706.396 Effect of denial of certificate. 706.436 Effect of denial of permit. 706.471 Annual fee; penalty and interest. 706.6411 Procedure; limitation on transfer of stock of corporate94-27
motor carriers other than operators of tow cars. 706.749 Permit for employer transporting employees between94-29
place of work and homes or central areas for parking; requirements.94-30
706.8811 Definitions.94-31
706.8812 "Administrator" defined.94-32
706.8813 "Certificate holder" defined.94-33
706.8814 "Driver" defined.94-34
706.8816 "Taxicab" defined.94-35
706.8817 "Taximeter" defined.94-36
706.8818 Appointment, number, qualifications and compensation94-37
of members; principal office; regulations. 706.8828 Insurance.~