2001 REGULAR SESSION (71st)                                                                             A SB270 604

Amendment No. 604

 

 

 

 

     Amend section 1, page 1, line 2, by deleting “15,” and inserting “23,”.

     Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:

     “Sec. 2. 1.  “Bus” means a motor vehicle:

     (a) That is capable of carrying 16 or more persons, including the driver; and

     (b) With a chassis that when originally designed and constructed by the original manufacturer was designed and constructed to carry 16 or more persons, including the driver.

     2.  The term does not include a motor vehicle with a chassis which when originally manufactured was designed to carry less than 16 persons, including the driver, but which has been modified to carry 16 or more persons, including the driver.”.

     Amend sec. 3, page 1, by deleting line 10 and inserting:

“taxicab, traditional limousine or livery limousine.”.

     Amend the bill as a whole by renumbering sections 4 through 15 as sections 7 through 18 and adding new sections designated sections 5 and 6, following sec. 3, to read as follows:

     “Sec. 5.  “Livery limousine” means a motor vehicle which:

     1.  Was a light truck, as that term is defined in 49 C.F.R. § 523.5, at the time of its manufacture;

     2.  Has a capacity of 11 or more persons but less than 16 persons, including the driver; and

     3.  Is engaged in the general transportation of persons for compensation and not operated on a regular schedule or over regular routes.

     Sec. 6. “Traditional limousine” means a motor vehicle that is engaged in the general transportation of persons for compensation and not operated on a regular schedule or over regular routes and:

     1.  Was a passenger automobile, as that term is defined in 49 C.F.R. § 523.4, at the time of its manufacture and was later modified to increase its length; or

     2.  Has a capacity of less than 11 persons, including the driver.”.    

     Amend sec. 9, page 3, line 36, by deleting “8” and inserting “11”.

     Amend sec. 9, page 3, line 37, by deleting “5” and inserting “8”.

     Amend sec. 9, page 3, lines 41 and 45, by deleting “15,” and inserting “23,”.

     Amend sec. 10, page 4, by deleting line 1 and inserting:

     “Sec. 13. 1.  Each driver of a fully regulated carrier of passengers shall”.

     Amend sec. 10, page 4, line 2, by deleting:

“each of its drivers to”.

     Amend sec. 10, page 4, by deleting lines 7 and 8 and inserting:

     “(b) The time at which he began his period of duty; and”.

     Amend sec. 10, page 4, by deleting lines 16 and 17 and inserting:

     “(a) The time at which he ended his period of duty; and”.

     Amend sec. 10, page 4, line 19, by deleting:

“A carrier shall” and inserting:

“Each driver of a fully regulated carrier of passengers shall file each trip sheet with the carrier. The carrier or a person designated by the carrier shall review and”.

     Amend sec. 10, page 4, line 24, after “sheet” by inserting: 

“or file a trip sheet with a carrier”.

     Amend sec. 10, page 4, between lines 25 and 26 by inserting:
     “7.  The provisions of this section do not relieve a carrier from any obligation under its certificate of public convenience and necessity or from its duty to comply with this chapter and the regulations adopted pursuant to this chapter.”.

     Amend sec. 13, page 5, line 16, by deleting “orderly”.

     Amend sec. 13, page 5, line 27, by deleting “or”.

     Amend sec. 13, page 5, line 29, by deleting “transportation.” and inserting:

“transportation; or

     (d) The person requesting service acted in a disorderly manner, including, without limitation, the use of:

          (1) Hostile or offensive gestures; or

          (2) Indecent or offensive language.

     3.  The authority shall adopt regulations which define when a person acts in a disorderly manner, when a person uses hostile or offensive gestures and when a person uses indecent or offensive language for the purposes of paragraph (d) of subsection 2.”.

     Amend sec. 14, page 5, line 31, by deleting:

“8 to 13,” and inserting:

“11 to 16,”.

     Amend the bill as a whole by renumbering sec. 16 as sec. 24 and adding new sections designated sections 19 through 23, following sec. 15, to read as follows:

     “Sec. 19. 1.  Each week, a common motor carrier or contract motor carrier authorized to operate a taxicab, traditional limousine, livery limousine or bus shall perform a preventative maintenance and safety inspection as recommended by the maintenance specifications of the manufacturer of the vehicle.

     2.  Any person, including, without limitation, a safety inspector, service maintenance person, supervisor, manager, owner or driver, who operates a motor vehicle for a common motor carrier or contract motor carrier engaged in passenger or light express service shall:

     (a) Report and notify the owner or manager of the common or contract carrier of a safety defect or unsafe condition in a vehicle as soon as possible after becoming aware of the defect or condition; and

     (b) Return the vehicle to the maintenance facility for repair as soon as possible after becoming aware of the defect or condition.

FLUSH

A common motor carrier or contract motor carrier that receives notice of a defect or unsafe condition pursuant to this subsection shall not allow the vehicle to be returned to service until the defect or condition has been repaired.

     Sec. 20. Sections 21, 22 and 23 of this act only apply in a county whose population is 400,000 or more.

     Sec. 21. The authority may:

     1.  Determine the circumstances that require a temporary increase in the number of traditional limousines or livery limousines that are operated by each fully regulated carrier of passengers which operates such vehicles pursuant to section 22 of this act; and

     2.  Allocate a temporary increase in the number of traditional limousines and livery limousines pursuant to section 23 of this act when the circumstances require the increase.

     Sec. 22. 1.  In determining a system of allocation for traditional limousines and livery limousines, or a change in the existing allocation of traditional limousines and livery limousines, the authority shall consider separately the interests, welfare, convenience, necessity and well-being of the customers of taxicab motor carriers and of other fully regulated carriers of passengers. The authority may also consider additional factors, including, without limitation:

     (a) The increase in population during the year immediately preceding the date of consideration of counties whose population is 400,000 or more.

     (b) The increase in the volume of passengers during the year immediately preceding the date of consideration at airports in counties whose population is 400,000 or more.

     (c) The increase in the number of occupied hotel and motel rooms during the year immediately preceding the date of consideration in counties whose population is 400,000 or more.

     (d) The increase in the number of customers using the services of traditional limousines and livery limousines during the year immediately preceding the date of consideration in counties whose population is 400,000 or more.

     2.  If circumstances require an increase in existing allocations, the authority shall allocate the vehicles equally among the fully regulated carriers of passengers who apply for an allocation and who are in the area affected by the allocation.

     3.  Unless a fully regulated carrier of passengers puts additionally allocated traditional limousines or livery limousines into service within 90 days after the effective date of an increased allocation, the increased allocation to that carrier is void.

     4.  The authority may attach to the exercise of the rights granted by an allocation any terms and conditions which, in its judgment, the public interest may require. The authority shall determine from evidence gathered at a hearing which arrangements for capitalization or other security or assets must remain in place and which principals and managers of the applicant must continue to be active in those capacities to provide the fitness and ability required for continued operation under the certificate of public convenience and necessity issued to the fully regulated carrier of passengers.

     5.  Each year, the authority shall review any existing allocation of traditional limousines and livery limousines to determine whether the allocation is appropriate pursuant to subsection 1.

     6.  After considering all information relevant to the operation of traditional limousines and livery limousines in a county whose population is 400,000 or more, the authority shall adopt regulations relating to the number of such vehicles that will be allocated.

     Sec. 23. 1.  In determining whether circumstances require a temporary increase in the number of traditional limousines and livery limousines allocated pursuant to section 22 of this act, the authority shall consider separately the interests, welfare, convenience, necessity and well-being of the customers of taxicab motor carriers and of other fully regulated carriers of passengers.

     2.  If circumstances require a temporary increase in the number of vehicles allocated pursuant to section 22 of this act, the authority shall allocate the temporary increase equally among the fully regulated carriers of passengers who apply for an allocation and who are in the area affected by the allocation.

     3.  The authority shall determine:

     (a) The number of additional vehicles to be allocated; and

     (b) The duration of the temporary allocations, which may not exceed 15 days.

     4.  The authority may adopt regulations governing temporary increases in the allocation of vehicles pursuant to this section.”.

     Amend sec. 16, page 6, line 40, by deleting “15,” and inserting “23,”.

     Amend sec. 16, page 6, line 42, by deleting:

“2 and 3” and inserting:

“2 to 6, inclusive,”.

     Amend the bill as a whole by  renumbering sec. 17 as sec. 28 and adding new sections designated sections 25 through 27, following sec. 16, to read as follows:

     “Sec. 25. NRS 706.101 is hereby amended to read as follows:

     706.101  “Operator” means a person, other than a lienholder, having a property interest in or title to a vehicle. Except as otherwise provided in this section, the term includes a person entitled to the use and possession of a vehicle under a lease or contract for the purpose of transporting persons or property. The term does not include a person who is the lessee of a taxicab or limousine pursuant to NRS 706.473.

     Sec. 26.  NRS 706.168 is hereby amended to read as follows:

     706.168  1.  The authority of the transportation services authority to supervise and regulate [motor] carriers , drivers and brokers respectively, to the extent provided in this chapter, must be exercised separately. A [motor] carrier is responsible only for his own acts and [those of his employees or agents who are not brokers.] the acts of the driver or broker that were directed or allowed by the carrier. A broker is responsible only for his own acts and [those] the acts of his [employees or agents who are not motor carriers.]employee or agent that were directed or allowed by the broker.

     2.  The provisions of this section do not relieve a carrier from any obligation under its certificate of public convenience and necessity or from its duty to comply with this chapter and the regulations adopted pursuant to this chapter.

     Sec. 27. NRS 706.171 is hereby amended to read as follows:

     706.171  1.  The authority and the department may:

     (a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which they are each responsible.

     (b) Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the Surface Transportation Board, any other agency of the Federal Government, or the National Association of Regulatory Utility Commissioners.

     (c) Require such reports and the maintenance of such records as they determine to be necessary for the administration and enforcement of this chapter.

     (d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any fully regulated carrier, and of any other common, contract or private motor carrier doing business in this state to the extent necessary for their respective duties. The authority and the department may examine in other states or require by subpoena the production inside this state of such books, papers and records as are not maintained in this state.

     (e) Temporarily waive any requirement for a certificate or permit when an emergency exists as defined in NRS 706.561.

     2.  No personnel records of an employee of a fully regulated carrier, or of any other common, contract or private motor carrier may be examined pursuant to paragraph (d) of subsection 1 unless the records contain information relating to a matter of public safety or the authority and the department determine that the examination is required to protect the interests of the public.

     3.  The department may adopt regulations to ensure the payment of any fee due or authorized pursuant to the provisions of this chapter.

     4.  If the authority or the department adopts regulations which refer or relate to a bus, the term bus as used in those regulations has the meaning ascribed to it in section 2 of this act.

     5.  As used in this section, “personnel records” does not include:

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

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

     (c) Any record of the business expenses of the employee;

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

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

     (f) The business address of the employee;

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

     (h) The work schedule of the employee;

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

     (j) If applicable, the date on which the employment of the employee was terminated.”.

     Amend sec. 17, page 7, lines 3, 8 and 10, by deleting “15,” and inserting “23,”.

     Amend the bill as a whole by renumbering sec. 18 as sec. 31 and adding new sections designated sections 29 and 30, following sec. 17, to read as follows:

     “Sec. 29. NRS 706.361 is hereby amended to read as follows:

     706.361  1.  A person with a disability is entitled to the full and equal enjoyment of the facilities of any common motor carrier of passengers, contract motor carrier of passengers or other entity providing a means of public conveyance and transportation operating within this state.

     2.  A common motor carrier of passengers, a contract motor carrier of passengers and other entities providing means of public conveyance and transportation shall designate a person responsible for ensuring that the carrier complies with the applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations adopted pursuant to that act.

     3.  The person designated pursuant to subsection 2 shall conduct training sessions for the employees of the carrier or entity. Each employee must be provided at least 3 hours of training during one or more training sessions. During the training sessions, the designee shall:

     (a) Describe the carrier’s plan for compliance with the Americans with Disabilities Act of 1990 and the regulations adopted pursuant to that act;

     (b) Explain the obligations of the employees to assist a person with a disability to store a mobility device;

     (c) Explain the illegality of charging an additional fee or a higher fare to a person with a disability; and

     (d) Ensure that each employee is trained in accordance with the requirements of 49 C.F.R. § 37.173.

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

     5.  It is unlawful for any driver of a common motor carrier, or for a contract motor carrier, common motor carrier or other entity providing a means of public conveyance or transportation operating within this state, to:

     (a) Deny the equal enjoyment of its services and facilities to a person with a disability by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by a person with a disability;

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

     (c) Fail to conduct the training sessions in the manner described in subsection 3.

     6.  As used in this section, “disability” has the meaning ascribed to it in 49 C.F.R. § 37.3.

     Sec. 30. NRS 706.366 is hereby amended to read as follows:

     706.366  1.  It is unlawful for a driver of a common motor carrier of passengers , or for a common motor carrier, contract motor carrier or other means of public conveyance or transportation operating in this state , to:

     (a) Refuse service to a visually, aurally or physically handicapped person because he is accompanied by a guide dog, hearing dog, helping dog or other service animal;

     (b) Refuse service to a person who is training a guide dog, hearing dog, helping dog or other service animal because he is accompanied by such an animal; or

     (c) Charge an additional fee for such an animal.

     2.  This section does not relieve a visually, aurally or physically handicapped person or a person who trains a guide dog, hearing dog, helping dog or other service animal from liability for damage which may be caused by his animal.

     3.  Visually, aurally or physically handicapped persons accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.

     4.  For the purposes of this section, the terms “guide dog,” “hearing dog,” “helping dog” and “service animal” have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.”.

     Amend the bill as a whole by renumbering sec. 19 as sec. 33 and adding a new section, designated sec. 32, following sec. 18, to read as follows:

     “Sec. 32. NRS 706.391 is hereby amended to read as follows:

     706.391  1.  Upon thefiling of an application for a certificate of public convenience and necessity to operate as a motor carrier other than an operator of a tow car [,] and the payment of a nonrefundable application fee of $200, the authority shall fix a time and place for hearing [thereon.] on the application.

     2.  The authority shall issue [such] a certificate of public convenience and necessity to a person who submits an application and application fee pursuant to subsection 1, if it finds that:

     (a) The applicant is fit, willing and able to perform the services of a common motor carrier;

     (b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;

     (c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought; and

     (d) The proposed service will benefit the traveling and shipping public and the motor carrier business in this state.

     3.  The authority shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

     4.  An applicant for such a certificate [has] :

     (a) Has the burden of proving to the authority that the proposed operation will meet the requirements of subsection 2 [.] ; and

     (b) Must pay the amounts billed to him by the authority for reasonable costs incurred by it in conducting an investigation or hearing regarding the applicant.

     5.  The authority may issue a certificate of public convenience and necessity to operate as a common motor carrier, or issue it for:

     (a) The exercise of the privilege sought.

     (b) The partial exercise of the privilege sought.

     6.  The authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

     7.  The authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate.”.

     Amend the bill as a whole by renumbering sections 20 and 21 as sections 35 and 36 and adding a new section designated sec. 34, following sec. 19, to read as follows:

     “Sec. 34. NRS 706.473 is hereby amended to read as follows:

     706.473  1.  In a county whose population is less than 400,000, a person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business may, upon approval from the authority, lease a taxicab to an independent contractor who does not hold a certificate of public convenience and necessity. A person [may lease only one taxicab to each independent contractor with whom he enters into a lease agreement.] who holds a certificate of public convenience and necessity shall not lease more than one vehicle to each lessee. The taxicab may be used only in a manner authorized by the lessor’s certificate of public convenience and necessity [.] and must not be used to convey passengers or light express without compensation therefor.

     2.  A person who enters into a lease agreement with an independent contractor pursuant to this section shall submit a copy of the agreement to the authority for its approval. The agreement is not effective until approved by the authority. The authority shall review an agreement submitted to it and shall not approve an agreement unless the agreement contains all information that is required to be included in such an agreement.

     3.  A person who leases a taxicab to an independent contractor is jointly and severally [liable] responsible with the independent contractor for any violation of the provisions of this chapter or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.

     4.  [The authority or any of its employees may intervene in a civil action involving a lease agreement entered into pursuant to this section.] Each person who holds a certificate of public convenience and necessity and who enters into a lease agreement pursuant to this section shall make each such lease agreement available for public inspection at an office in this state at which the person operates vehicles pursuant to the certificate.”.

     Amend sec. 21, page 8, lines 37, 40, 42 and 45, by deleting “15,” and inserting “23,”.

     Amend sec. 21, page 9, lines 6 and 30, by deleting “15,” and inserting “23,”.

     Amend sec. 21, page 10, line 9, by deleting “15,” and inserting “23,”.

     Amend the bill as a whole by renumbering sections 22 and 23 as sections 38 and 39 and adding a new section designated sec. 37, following sec. 21, to read as follows:

     “Sec. 37. 1.  On or before July 1, 2002, in each county whose population is 400,000 or more, the transportation services authority shall adopt the regulations required pursuant to subsection 6 of section 22 of this act after considering all information that is relevant to traditional limousines and livery limousines and without considering conditions relating to taxicab motor carriers.

     2.  A fully regulated carrier of passengers shall not, before the effective date of those regulations, increase the number of traditional limousines or livery limousines that it operates in a county whose population is 400,000 or more.

     3.  As used in this section:

     (a) “Fully regulated carrier of passengers” has the meaning ascribed to it in section 4 of this act.

     (b) “Livery limousine” has the meaning ascribed to it in section 5 of this act.

     (c) “Taxicab motor carrier” has the meaning ascribed to it in NRS 706.126.

     (d) “Traditional limousine” has the meaning ascribed to it in section 6 of this act.”.

     Amend sec. 23, page 10, line 15, by deleting “6 and 7” and inserting “9 and 10”.

     Amend the title of the bill, sixth line, after “authority;” by inserting:

“requiring certain actions with regard to defects and unsafe conditions in vehicles; requiring the transportation services authority to establish a system of allocation for limousines; providing that certain acts of drivers of fully regulated carriers of passengers are unlawful; temporarily prohibiting an increase in the number of limousines that may be operated in certain counties;”.