REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 7, 8, 24, 33)
(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 576
Senate Bill No. 576–Senator O’Donnell
May 22, 2001
____________
Referred to Committee on Transportation
SUMMARY—Makes various changes to provisions governing fully regulated carriers. (BDR 58‑1557)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 706 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 24, inclusive, of this act.
1-3 Sec. 2. 1. “Bus” means a motor vehicle:
1-4 (a) That is capable of carrying 16 or more persons, including the
1-5 driver; and
1-6 (b) With a chassis that when originally designed and constructed by
1-7 the original manufacturer was designed and constructed to carry 16 or
1-8 more persons, including the driver.
1-9 2. The term does not include a motor vehicle with a chassis that
1-10 when originally manufactured was designed to carry less than 16
2-1 persons, including the driver, but which has been modified to carry 16 or
2-2 more persons, including the driver.
2-3 Sec. 3. “Enforcement officer” means a member of the authority, a
2-4 manager of transportation of the authority or any other employee
2-5 designated by the authority to enforce the provisions of this chapter.
2-6 Sec. 4. “Fully regulated carrier of passengers” means a common
2-7 carrier or contract carrier of passengers that is required to obtain from
2-8 the authority a certificate of public convenience and necessity. The term
2-9 includes, without limitation, a holder of a certificate that operates a
2-10 taxicab, traditional limousine or livery limousine.
2-11 Sec. 5. “Livery limousine” means a motor vehicle which:
2-12 1. Was a light truck, as that term is defined in 49 C.F.R. § 523.5, at
2-13 the time of its manufacture;
2-14 2. Has a capacity of 11 or more persons but less than 16 persons,
2-15 including the driver; and
2-16 3. Is engaged in the general transportation of persons for
2-17 compensation and not operated on a regular schedule or over regular
2-18 routes.
2-19 Sec. 6. “Traditional limousine” means a motor vehicle that is
2-20 engaged in the general transportation of persons for compensation and
2-21 not operated on a regular schedule or over regular routes and:
2-22 1. Was a passenger automobile, as that term is defined in 49 C.F.R. §
2-23 523.4, at the time of its manufacture and was later modified to increase
2-24 its length; or
2-25 2. Has a capacity of less than 11 persons, including the driver.
2-26 Sec. 7. A fully regulated carrier, other than a fully regulated carrier
2-27 that operates taxicabs or an operator of a tow car, shall pay to the
2-28 authority a fee of not more than $350 per year for each vehicle that the
2-29 authority has authorized the carrier to operate.
2-30 Sec. 8. 1. A member or the deputy of the authority shall issue a
2-31 driver’s permit to each qualified person who wishes to be employed as a
2-32 driver by a fully regulated carrier of passengers. Before a member or the
2-33 deputy of the authority may issue a driver’s permit pursuant to this
2-34 section, the member or deputy shall:
2-35 (a) Require the applicant for the driver’s permit to submit a complete
2-36 set of his fingerprints and written permission authorizing the authority to
2-37 forward the fingerprints to the central repository for Nevada records of
2-38 criminal history for submission to the Federal Bureau of Investigation
2-39 for its report, and shall further investigate the background of the
2-40 applicant; and
2-41 (b) Require proof that the applicant:
2-42 (1) Has been a resident of this state for at least 30 days before the
2-43 date on which he filed his application for the driver’s permit;
2-44 (2) Possesses the qualifications set forth in 49 C.F.R. §
2-45 391.11(b)(2); and
2-46 (3) Has a valid and appropriate license issued pursuant to NRS
2-47 483.340 which authorizes him to drive in this state the vehicle he will be
2-48 employed to drive.
3-1 2. A member or the deputy of the authority may refuse to issue a
3-2 driver’s permit to an applicant if the applicant has been convicted of:
3-3 (a) A felony, other than a sexual offense, in this state or any other
3-4 jurisdiction within the 5 years immediately preceding the date on which
3-5 he filed his application;
3-6 (b) A felony involving any sexual offense in this state or any other
3-7 jurisdiction at any time before the date on which he filed his application;
3-8 or
3-9 (c) A violation of NRS 484.379 or 484.3795, or a law in another
3-10 jurisdiction that prohibits the same or similar conduct, within the 3 years
3-11 immediately preceding the date on which he filed his application.
3-12 3. A member or the deputy of the authority may refuse to issue a
3-13 driver’s permit to an applicant if, after the investigation of the
3-14 background of the applicant, the member or deputy of the authority
3-15 reasonably determines that the applicant is morally unfit or that the
3-16 issuance of a driver’s permit to the applicant would be detrimental to
3-17 public health, welfare or safety.
3-18 4. There must be paid to the authority for:
3-19 (a) The issuance of an original driver’s permit, a fee of $50.
3-20 (b) The renewal of a driver’s permit, a fee of $25.
3-21 Sec. 9. An application for the issuance of a driver’s permit must
3-22 include the social security number of the applicant.
3-23 Sec. 10. 1. An applicant for the issuance or renewal of a driver’s
3-24 permit shall submit to the authority the statement prescribed by the
3-25 welfare division of the department of human resources pursuant to NRS
3-26 425.520. The statement must be completed and signed by the applicant.
3-27 2. The authority shall include the statement required pursuant to
3-28 subsection 1 in:
3-29 (a) The application or any other forms that must be submitted for the
3-30 issuance or renewal of the driver’s permit; or
3-31 (b) A separate form prescribed by the authority.
3-32 3. A driver’s permit may not be issued or renewed by the authority if
3-33 the applicant:
3-34 (a) Fails to submit the statement required pursuant to subsection 1; or
3-35 (b) Indicates on the statement submitted pursuant to subsection 1 that
3-36 he is subject to a court order for the support of a child and is not in
3-37 compliance with the order or a plan approved by the district attorney or
3-38 other public agency enforcing the order for the repayment of the amount
3-39 owed pursuant to the order.
3-40 4. If an applicant indicates on the statement submitted pursuant to
3-41 subsection 1 that he is subject to a court order for the support of a child
3-42 and is not in compliance with the order or a plan approved by the district
3-43 attorney or other public agency enforcing the order for the repayment of
3-44 the amount owed pursuant to the order, the authority shall advise the
3-45 applicant to contact the district attorney or other public agency enforcing
3-46 the order to determine the actions that the applicant may take to satisfy
3-47 the arrearage.
3-48 Sec. 11. 1. Before applying to a fully regulated carrier of
3-49 passengers for employment as a driver, a person must obtain a
4-1 physician’s certificate, with two copies thereof, from a physician who is
4-2 licensed to practice medicine in this state.
4-3 2. A physician shall issue a certificate and two copies thereof to an
4-4 applicant if the physician finds that the applicant meets the applicable
4-5 health requirements established by the Federal Motor Carrier Safety
4-6 Regulations, 49 C.F.R. §§ 391.41 et seq.
4-7 3. A certificate from a physician issued pursuant to this section must:
4-8 (a) State that the physician has examined the applicant and found that
4-9 the applicant meets the applicable health requirements established by the
4-10 Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.;
4-11 and
4-12 (b) Be signed and dated by the physician issuing the certificate.
4-13 4. A certificate from a physician issued pursuant to this section
4-14 expires 2 years after the date on which it was issued and may be renewed.
4-15 Sec. 12. 1. A fully regulated carrier of passengers shall not employ
4-16 a person as a driver unless the person has obtained and has on his
4-17 person:
4-18 (a) A valid driver’s license issued by this state pursuant to NRS
4-19 483.010 to 483.630, inclusive;
4-20 (b) A copy of a certificate from a physician issued pursuant to section
4-21 11 of this act; and
4-22 (c) A driver’s permit issued pursuant to section 8 of this act.
4-23 2. A fully regulated carrier of passengers shall, at the time that it
4-24 employs a person to drive a vehicle:
4-25 (a) Provide that person with a complete copy of NRS 706.011 to
4-26 706.791, inclusive, and sections 2 to 24, inclusive, of this act, and any
4-27 regulations adopted pursuant thereto; and
4-28 (b) Require the person to sign a statement acknowledging that he has
4-29 received a complete copy of NRS 706.011 to 706.791, inclusive, and
4-30 sections 2 to 24, inclusive, of this act, and any regulations adopted
4-31 pursuant thereto, and has read and familiarized himself with the
4-32 provisions included therein.
4-33 Sec. 13. 1. Each driver of a fully regulated carrier of passengers
4-34 shall keep a daily trip sheet in a form to be prescribed by the authority.
4-35 2. At the beginning of each period of duty, a driver shall record on
4-36 his daily trip sheet:
4-37 (a) His name and the number of the vehicle;
4-38 (b) The time at which he began his period of duty; and
4-39 (c) The odometer reading of the vehicle.
4-40 3. During his period of duty, a driver shall record on his daily trip
4-41 sheet:
4-42 (a) The time, place of origin and destination of each trip; and
4-43 (b) The number of passengers and amount of fare for each trip.
4-44 4. At the end of each period of duty, a driver shall record on his daily
4-45 trip sheet:
4-46 (a) The time at which he ended his period of duty; and
4-47 (b) The odometer reading of the vehicle.
4-48 5. Each driver of a fully regulated carrier of passengers shall file
4-49 each trip sheet with the carrier. The carrier or a person designated by the
5-1 carrier shall review and retain each of the daily trip sheets of its drivers
5-2 in a safe place for at least 3 years immediately following December 31 of
5-3 the year to which the daily trip sheets pertain. A carrier shall make the
5-4 daily trip sheets available for inspection by a member or the deputy of the
5-5 authority upon reasonable demand.
5-6 6. A driver who fails to maintain a daily trip sheet or file a trip sheet
5-7 with a carrier as required by this section is guilty of a misdemeanor.
5-8 7. The provisions of this section do not relieve a carrier from any
5-9 obligation under its certificate of public convenience and necessity or
5-10 from its duty to comply with this chapter and the regulations adopted
5-11 pursuant to this chapter.
5-12 Sec. 14. While a driver for a fully regulated carrier of passengers is
5-13 on duty:
5-14 1. The driver:
5-15 (a) Must be appropriately dressed in accordance with the standards of
5-16 the business;
5-17 (b) Must be neat and clean in person and appearance;
5-18 (c) Shall refrain from talking loudly, uttering profanity and shouting
5-19 to other drivers;
5-20 (d) Shall attend his vehicle if the vehicle is being held out for hire;
5-21 (e) Shall discourage passengers from entering or leaving the vehicle
5-22 from the left side, except at the left curb of a one-way street or while the
5-23 vehicle is parked at an angle to the curb; and
5-24 (f) Shall operate his vehicle in accordance with all applicable state
5-25 and local laws and regulations, and with due regard for the safety,
5-26 comfort and convenience of passengers and the general public.
5-27 2. The driver shall not:
5-28 (a) Have in his possession a lit cigar, cigarette or pipe while a
5-29 passenger is being carried in his vehicle;
5-30 (b) Chew tobacco or use snuff while a passenger is being carried in
5-31 his vehicle;
5-32 (c) Load or unload passengers or luggage at an intersection or
5-33 crosswalk, or at any place or in any manner that will interfere with the
5-34 orderly flow of traffic;
5-35 (d) Leave his vehicle unattended with the key in the ignition lock; or
5-36 (e) Carry passengers in a manner inconsistent with the
5-37 manufacturer’s recommendations or in a way to obstruct his vision for
5-38 safe operation of the vehicle.
5-39 Sec. 15. With respect to the destination of a passenger, a driver of a
5-40 fully regulated carrier of passengers shall not:
5-41 1. Deceive or attempt to deceive any passenger who rides or desires
5-42 to ride in the vehicle;
5-43 2. Convey or attempt to convey any passenger to a destination other
5-44 than the one directed by the passenger;
5-45 3. Take a longer route than is necessary to the destination requested
5-46 by the passenger, unless otherwise directed to do so by the passenger; or
5-47 4. Fail to comply with any reasonable and lawful request of the
5-48 passenger concerning speed and route to be taken.
6-1 Sec. 16. 1. Except as otherwise provided in subsection 2, a driver
6-2 of a fully regulated carrier of passengers shall not refuse or neglect to
6-3 transport any person to the destination requested by that person if:
6-4 (a) The person requests that the driver transport the person to that
6-5 destination; and
6-6 (b) The requested destination is located within the area of operation
6-7 authorized by the certificate of public convenience and necessity issued to
6-8 the carrier.
6-9 2. A driver of a fully regulated carrier of passengers is not subject to
6-10 the provisions of subsection 1 if the driver can show beyond a reasonable
6-11 doubt that:
6-12 (a) The driver had good reason to fear for his personal safety;
6-13 (b) The vehicle has been previously engaged by another person;
6-14 (c) The driver is forbidden by statute or regulation to carry the person
6-15 requesting the transportation; or
6-16 (d) The person requesting service acted in a disorderly manner,
6-17 including, without limitation, the use of:
6-18 (1) Hostile or offensive gestures; or
6-19 (2) Indecent or offensive language.
6-20 3. The authority shall adopt regulations that define when a person
6-21 acts in a disorderly manner, when a person uses hostile or offensive
6-22 gestures and when a person uses indecent or offensive language for the
6-23 purposes of paragraph (d) of subsection 2.
6-24 Sec. 17. 1. If a driver of a fully regulated carrier of passengers
6-25 violates any provision of sections 11 to 16, inclusive, of this act, an
6-26 enforcement officer may impose the following sanctions:
6-27 (a) For a first offense, a warning or a fine of not more than $100, or
6-28 both a warning and a fine.
6-29 (b) For a second offense, a suspension of the driver’s permit issued to
6-30 the driver of not more than 3 days or a fine of not more than $200, or
6-31 both a suspension and a fine.
6-32 (c) For a third offense, a suspension of the driver’s permit issued to
6-33 the driver of not more than 6 days or a fine of not more than $300, or
6-34 both a suspension and a fine.
6-35 (d) For a fourth offense, a suspension of the driver’s permit issued to
6-36 the driver of 10 days or a fine of not more than $500, or both a
6-37 suspension and a fine.
6-38 (e) For a fifth or subsequent offense, the revocation of the driver’s
6-39 permit issued to the driver or a fine of not more than $500, or both the
6-40 revocation of the driver’s permit and a fine.
6-41 2. For the purposes of subsection 1, only those violations occurring
6-42 in the 12 months immediately preceding the most current violation may
6-43 be considered. The enforcement officer shall inspect the record of the
6-44 offending driver to determine the number of offenses committed during
6-45 the immediately preceding 12-month period.
6-46 3. The enforcement officer must conduct a hearing before he revokes
6-47 or suspends the driver’s permit of a driver or imposes a fine against a
6-48 driver pursuant to this section.
7-1 Sec. 18. 1. A driver of a fully regulated carrier of passengers:
7-2 (a) Shall not drive a vehicle or go on duty while under the influence
7-3 of, or impaired by, any controlled substance, dangerous drug or
7-4 intoxicating liquor.
7-5 (b) Shall not drink or otherwise consume any intoxicating liquor
7-6 while on duty.
7-7 (c) Shall not, at any time, use or consume any controlled substance or
7-8 dangerous drug that may impair his ability to operate a motor vehicle
7-9 and shall not, at any time, use or consume any other controlled
7-10 substance or dangerous drug, except in accordance with a lawfully
7-11 issued prescription.
7-12 (d) Shall obey all provisions and restrictions of the certificate of
7-13 public convenience and necessity issued to the carrier.
7-14 2. If a driver violates any provision of subsection 1, an enforcement
7-15 officer may, after a hearing, impose the following sanctions:
7-16 (a) For a first offense, a suspension of the driver’s permit issued to the
7-17 driver of not more than 5 days or a fine of not more than $100, or both a
7-18 suspension and a fine.
7-19 (b) For a second offense, a suspension of the driver’s permit issued to
7-20 the driver of not more than 20 days or a fine of not more than $300, or
7-21 both a suspension and a fine.
7-22 (c) For a third or subsequent offense, the revocation of the driver’s
7-23 permit issued to the driver or a fine of not more than $500, or both the
7-24 revocation of the driver’s permit and a fine.
7-25 In addition to any fine set forth in this subsection, the enforcement
7-26 officer may revoke the driver’s permit issued to a driver for any violation
7-27 of paragraph (a) of subsection 1.
7-28 3. For the purposes of this section, only those violations occurring in
7-29 the 12 months immediately preceding the most current violation may be
7-30 considered. The enforcement officer shall inspect the record of the
7-31 offending driver to determine the number of offenses committed during
7-32 the immediately preceding 12-month period.
7-33 Sec. 19. 1. Each week, a common motor carrier or contract motor
7-34 carrier authorized to operate a taxicab, traditional limousine, livery
7-35 limousine or bus shall perform a preventative maintenance and safety
7-36 inspection as recommended by the maintenance specifications of the
7-37 manufacturer of the vehicle.
7-38 2. Any person, including, without limitation, a safety inspector,
7-39 service maintenance person, supervisor, manager, owner or driver, who
7-40 operates a motor vehicle for a common motor carrier or contract motor
7-41 carrier engaged in passenger or light express service shall:
7-42 (a) Report and notify the owner or manager of the common or
7-43 contract carrier of a safety defect or unsafe condition in a vehicle as soon
7-44 as possible after becoming aware of the defect or condition; and
7-45 (b) Return the vehicle to the maintenance facility for repair as soon as
7-46 possible after becoming aware of the defect or condition.
7-47 A common motor carrier or contract motor carrier that receives notice of
7-48 a defect or unsafe condition pursuant to this subsection shall not allow
8-1 the vehicle to be returned to service until the defect or condition has been
8-2 repaired.
8-3 Sec. 20. The provisions of sections 21, 22 and 23 of this act only
8-4 apply in a county whose population is 400,000 or more.
8-5 Sec. 21. The authority may:
8-6 1. Determine the circumstances that require a temporary increase in
8-7 the number of traditional limousines or livery limousines that are
8-8 operated by each fully regulated carrier of passengers which operates
8-9 such vehicles pursuant to section 22 of this act; and
8-10 2. Allocate a temporary increase in the number of traditional
8-11 limousines and livery limousines pursuant to section 23 of this act when
8-12 the circumstances require the increase.
8-13 Sec. 22. 1. In determining a system of allocation for traditional
8-14 limousines and livery limousines, or a change in the existing allocation
8-15 of traditional limousines and livery limousines, the authority shall
8-16 consider separately the interests, welfare, convenience, necessity and
8-17 well-being of the customers of taxicab motor carriers and of other fully
8-18 regulated carriers of passengers. The authority may also consider
8-19 additional factors, including, without limitation:
8-20 (a) The increase in population during the year immediately preceding
8-21 the date of consideration of counties whose population is 400,000 or
8-22 more.
8-23 (b) The increase in the volume of passengers during the year
8-24 immediately preceding the date of consideration at airports in counties
8-25 whose population is 400,000 or more.
8-26 (c) The increase in the number of occupied hotel and motel rooms
8-27 during the year immediately preceding the date of consideration in
8-28 counties whose population is 400,000 or more.
8-29 (d) The increase in the number of customers using the services of
8-30 traditional limousines and livery limousines during the year immediately
8-31 preceding the date of consideration in counties whose population is
8-32 400,000 or more.
8-33 2. If circumstances require an increase in existing allocations, the
8-34 authority shall allocate the vehicles equally among the fully regulated
8-35 carriers of passengers who apply for an allocation and who are in the
8-36 area affected by the allocation.
8-37 3. Unless a fully regulated carrier of passengers puts additionally
8-38 allocated traditional limousines or livery limousines into service within
8-39 90 days after the effective date of an increased allocation, the increased
8-40 allocation to that carrier is void.
8-41 4. The authority may attach to the exercise of the rights granted by
8-42 an allocation any terms and conditions that, in its judgment, the public
8-43 interest may require. The authority shall determine from evidence
8-44 gathered at a hearing which arrangements for capitalization or other
8-45 security or assets must remain in place and which principals and
8-46 managers of the applicant must continue to be active in those capacities
8-47 to provide the fitness and ability required for continued operation under
8-48 the certificate of public convenience and necessity issued to the fully
8-49 regulated carrier of passengers.
9-1 5. Each year, the authority shall review any existing allocation of
9-2 traditional limousines and livery limousines to determine whether the
9-3 allocation is appropriate pursuant to subsection 1.
9-4 6. After considering all information relevant to the operation of
9-5 traditional limousines and livery limousines in a county whose
9-6 population is 400,000 or more, the authority shall adopt regulations
9-7 relating to the number of such vehicles that will be allocated.
9-8 Sec. 23. 1. In determining whether circumstances require a
9-9 temporary increase in the number of traditional limousines and livery
9-10 limousines allocated pursuant to section 22 of this act, the authority shall
9-11 consider separately the interests, welfare, convenience, necessity and
9-12 well-being of the customers of taxicab motor carriers and of other fully
9-13 regulated carriers of passengers.
9-14 2. If circumstances require a temporary increase in the number of
9-15 vehicles allocated pursuant to section 22 of this act, the authority shall
9-16 allocate the temporary increase equally among the fully regulated
9-17 carriers of passengers who apply for an allocation and who are in the
9-18 area affected by the allocation.
9-19 3. The authority shall determine:
9-20 (a) The number of additional vehicles to be allocated; and
9-21 (b) The duration of the temporary allocations, which may not exceed
9-22 15 days.
9-23 4. The authority may adopt regulations governing temporary
9-24 increases in the allocation of vehicles pursuant to this section.
9-25 Sec. 24. 1. A motor vehicle used for the transportation of
9-26 passengers or property is not subject to the provisions of this chapter
9-27 governing fully regulated carriers if:
9-28 (a) The person that owns and operates the motor vehicle holds a
9-29 nonrestricted license pursuant to which the holder operates any number
9-30 of slot machines together with any other game, gaming device, race book
9-31 or sports pool at one establishment;
9-32 (b) The person who holds the nonrestricted license is not in the
9-33 business of transporting passengers or property; and
9-34 (c) The use of the motor vehicle by the person who holds the
9-35 nonrestricted license to transport passengers or property is incidental to
9-36 the business for which the nonrestricted license was issued.
9-37 2. A holder of a nonrestricted license may apply to the authority for
9-38 the issuance of a decal, sticker or other type of identification for
9-39 placement on a motor vehicle used by the holder to transport passengers
9-40 and property in accordance with subsection 1. The authority shall issue a
9-41 decal, sticker or other type of identification to a holder of a nonrestricted
9-42 license if the authority determines that the motor vehicle upon which the
9-43 identification will be placed meets and will be operated in accordance
9-44 with the requirements of subsection 1. A decal, sticker or other type of
9-45 identification is valid for 1 year. The authority may impose a fee of not
9-46 more than $50 for the issuance of a decal, sticker or other type of
9-47 identification pursuant to this subsection.
9-48 3. As used in this section, “nonrestricted license” has the meaning
9-49 ascribed to it in subsection 2 of NRS 463.0177.
10-1 Sec. 25. NRS 706.011 is hereby amended to read as follows:
10-2 706.011 As used in NRS 706.011 to 706.791, inclusive, and sections 2
10-3 to 24, inclusive, of this act, unless the context otherwise requires, the
10-4 words and terms defined in NRS 706.013 to 706.146, inclusive, and
10-5 sections 2 to 6, inclusive, of this act have the meanings ascribed to them in
10-6 those sections.
10-7 Sec. 26. NRS 706.101 is hereby amended to read as follows:
10-8 706.101 “Operator” means a person, other than a lienholder, having a
10-9 property interest in or title to a vehicle. Except as otherwise provided in
10-10 this section, the term includes a person entitled to the use and possession of
10-11 a vehicle under a lease or contract for the purpose of transporting persons
10-12 or property. The term does not include a person who is the lessee of a
10-13 taxicab or limousine pursuant to NRS 706.473.
10-14 Sec. 27. NRS 706.168 is hereby amended to read as follows:
10-15 706.168 1. The authority of the transportation services authority to
10-16 supervise and regulate [motor] carriers , drivers and brokers respectively,
10-17 to the extent provided in this chapter, must be exercised separately. A
10-18 [motor] carrier is responsible only for his own acts and [those of his
10-19 employees or agents who are not brokers.] the acts of the driver or broker
10-20 that were directed or allowed by the carrier. A broker is responsible only
10-21 for his own acts and [those] the acts of his [employees or agents who are
10-22 not motor carriers.]employee or agent that were directed or allowed by
10-23 the broker.
10-24 2. The provisions of this section do not relieve a carrier from any
10-25 obligation under its certificate of public convenience and necessity or
10-26 from its duty to comply with this chapter and the regulations adopted
10-27 pursuant to this chapter.
10-28 Sec. 28. NRS 706.171 is hereby amended to read as follows:
10-29 706.171 1. The authority and the department may:
10-30 (a) Make necessary and reasonable regulations governing the
10-31 administration and enforcement of the provisions of this chapter for which
10-32 they are each responsible.
10-33 (b) Adopt by reference any appropriate rule or regulation, as it exists at
10-34 the time of adoption, issued by the United States Department of
10-35 Transportation, the Surface Transportation Board, any other agency of the
10-36 Federal Government, or the National Association of Regulatory Utility
10-37 Commissioners.
10-38 (c) Require such reports and the maintenance of such records as they
10-39 determine to be necessary for the administration and enforcement of this
10-40 chapter.
10-41 (d) Except as otherwise provided in this section, examine, at any time
10-42 during the business hours of the day, the books, papers and records of any
10-43 fully regulated carrier, and of any other common, contract or private motor
10-44 carrier doing business in this state to the extent necessary for their
10-45 respective duties. The authority and the department may examine in other
10-46 states or require by subpoena the production inside this state of such books,
10-47 papers and records as are not maintained in this state.
10-48 (e) Temporarily waive any requirement for a certificate or permit when
10-49 an emergency exists as defined in NRS 706.561.
11-1 2. No personnel records of an employee of a fully regulated carrier, or
11-2 of any other common, contract or private motor carrier may be examined
11-3 pursuant to paragraph (d) of subsection 1 unless the records contain
11-4 information relating to a matter of public safety or the authority and the
11-5 department determine that the examination is required to protect the
11-6 interests of the public.
11-7 3. The department may adopt regulations to ensure the payment of any
11-8 fee due or authorized pursuant to the provisions of this chapter.
11-9 4. If the authority or the department adopts regulations that refer or
11-10 relate to a bus, the term “bus,” as used in those regulations, has the
11-11 meaning ascribed to it in section 2 of this act.
11-12 5. As used in this section, “personnel records” does not include:
11-13 (a) The name of the employee who is the subject of the record;
11-14 (b) The gross compensation and perquisites of the employee;
11-15 (c) Any record of the business expenses of the employee;
11-16 (d) The title or any description of the position held by the employee;
11-17 (e) The qualifications required for the position held by the employee;
11-18 (f) The business address of the employee;
11-19 (g) The telephone number of the employee at his place of business;
11-20 (h) The work schedule of the employee;
11-21 (i) The date on which the employee began his employment; and
11-22 (j) If applicable, the date on which the employment of the employee
11-23 was terminated.
11-24 Sec. 29. NRS 706.2885 is hereby amended to read as follows:
11-25 706.2885 1. A certificate of public convenience and necessity,
11-26 permit or license issued in accordance with this chapter is not a franchise
11-27 and may be revoked.
11-28 2. The authority may at any time, for good cause shown, after
11-29 investigation and hearing , unless waived by the holder of the certificate,
11-30 license or permit, and upon 5 days’ written notice to the [grantee,] holder,
11-31 suspend any certificate, permit or license issued in accordance with the
11-32 provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 24,
11-33 inclusive, of this act for a period not to exceed 60 days.
11-34 3. Upon receipt of a written complaint or on its own motion, the
11-35 authority may, after investigation and hearing, revoke any certificate,
11-36 permit or license[.] for any violation of NRS 706.011 to 706.791,
11-37 inclusive, and sections 2 to 24, inclusive, of this act, or any regulation
11-38 adopted pursuant thereto, or for knowingly allowing or requiring any
11-39 employee to violate any provision of sections 2 to 24, inclusive, of this act
11-40 or any regulation of the authority relating thereto. If service of the notice
11-41 required by subsection 2 cannot be made or if the [grantee] holder
11-42 relinquishes his interest in the certificate, permit or license by so notifying
11-43 the authority in writing, the authority may revoke the certificate, permit or
11-44 license without a hearing.
11-45 4. The proceedings thereafter are governed by the provisions of
11-46 chapter 233B of NRS.
11-47 5. If the holder of a certificate or driver’s permit fails to appear at
11-48 the time and place stated in the notice for any hearing, the authority
11-49 shall enter a finding of default. Upon the entering of a finding of default,
12-1 the authority may suspend or revoke the certificate or driver’s permit of
12-2 the person who failed to appear and may impose the penalties as
12-3 provided in this chapter. For good cause shown, the authority may set
12-4 aside a finding of default entered pursuant to this subsection and proceed
12-5 with a hearing on the matter.
12-6 Sec. 30. NRS 706.361 is hereby amended to read as follows:
12-7 706.361 1. A person with a disability is entitled to the full and equal
12-8 enjoyment of the facilities of any common motor carrier of passengers,
12-9 contract motor carrier of passengers or other entity providing a means of
12-10 public conveyance and transportation operating within this state.
12-11 2. A common motor carrier of passengers, a contract motor carrier of
12-12 passengers and other entities providing means of public conveyance and
12-13 transportation shall designate a person responsible for ensuring that the
12-14 carrier complies with the applicable provisions of the Americans with
12-15 Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive, and 47
12-16 U.S.C. §§ 225 and 611, and the regulations adopted pursuant to that act.
12-17 3. The person designated pursuant to subsection 2 shall conduct
12-18 training sessions for the employees of the carrier or entity. Each employee
12-19 must be provided at least 3 hours of training during one or more training
12-20 sessions. During the training sessions, the designee shall:
12-21 (a) Describe the carrier’s plan for compliance with the Americans with
12-22 Disabilities Act of 1990 and the regulations adopted pursuant to that act;
12-23 (b) Explain the obligations of the employees to assist a person with a
12-24 disability to store a mobility device;
12-25 (c) Explain the illegality of charging an additional fee or a higher fare to
12-26 a person with a disability; and
12-27 (d) Ensure that each employee is trained in accordance with the
12-28 requirements of 49 C.F.R. § 37.173.
12-29 4. It is unlawful for any person to deny any of the privileges granted
12-30 by subsection 1.
12-31 5. It is unlawful for any driver of a common motor carrier, or for a
12-32 contract motor carrier, common motor carrier or other entity providing a
12-33 means of public conveyance or transportation operating within this state,
12-34 to:
12-35 (a) Deny the equal enjoyment of its services and facilities to a person
12-36 with a disability by the arbitrary, capricious or unreasonable interference,
12-37 direct or indirect, with the use of aids and appliances used by a person with
12-38 a disability;
12-39 (b) Fail to designate a person pursuant to subsection 2; or
12-40 (c) Fail to conduct the training sessions in the manner described in
12-41 subsection 3.
12-42 6. As used in this section, “disability” has the meaning ascribed to it in
12-43 49 C.F.R. § 37.3.
12-44 Sec. 31. NRS 706.366 is hereby amended to read as follows:
12-45 706.366 1. It is unlawful for a driver of a common motor carrier of
12-46 passengers , or for a common motor carrier, contract motor carrier or
12-47 other means of public conveyance or transportation operating in this state ,
12-48 to:
13-1 (a) Refuse service to a visually, aurally or physically handicapped
13-2 person because he is accompanied by a guide dog, hearing dog, helping
13-3 dog or other service animal;
13-4 (b) Refuse service to a person who is training a guide dog, hearing dog,
13-5 helping dog or other service animal because he is accompanied by such an
13-6 animal; or
13-7 (c) Charge an additional fee for such an animal.
13-8 2. This section does not relieve a visually, aurally or physically
13-9 handicapped person or a person who trains a guide dog, hearing dog,
13-10 helping dog or other service animal from liability for damage which may
13-11 be caused by his animal.
13-12 3. Visually, aurally or physically handicapped persons accompanied by
13-13 guide dogs, hearing dogs, helping dogs or other service animals are subject
13-14 to the same conditions and limitations that apply to persons who are not so
13-15 handicapped and accompanied.
13-16 4. For the purposes of this section, the terms “guide dog,” “hearing
13-17 dog,” “helping dog” and “service animal” have the meanings ascribed to
13-18 them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
13-19 Sec. 32. NRS 706.386 is hereby amended to read as follows:
13-20 706.386 1. It is unlawful, except as otherwise provided in NRS
13-21 373.117, 706.446, 706.453 and 706.745, for any fully regulated common
13-22 motor carrier to operate as a carrier of intrastate commerce and any
13-23 operator of a tow car to perform towing services within this state without
13-24 first obtaining a certificate of public convenience and necessity from the
13-25 authority.
13-26 2. A person who violates the provisions of subsection 1 is guilty of a
13-27 gross misdemeanor.
13-28 Sec. 33. NRS 706.391 is hereby amended to read as follows:
13-29 706.391 1. Upon thefiling of an application for a certificate of
13-30 public convenience and necessity to operate as a motor carrier other than
13-31 an operator of a tow car [,] and the payment of a nonrefundable
13-32 application fee of $200, the authority shall fix a time and place for hearing
13-33 [thereon.] on the application.
13-34 2. The authority shall issue [such] a certificate of public convenience
13-35 and necessity to a person who submits an application and application fee
13-36 pursuant to subsection 1, if it finds that:
13-37 (a) The applicant is fit, willing and able to perform the services of a
13-38 common motor carrier;
13-39 (b) The proposed operation will be consistent with the legislative
13-40 policies set forth in NRS 706.151;
13-41 (c) The granting of the certificate will not unreasonably and adversely
13-42 affect other carriers operating in the territory for which the certificate is
13-43 sought; and
13-44 (d) The proposed service will benefit the traveling and shipping public
13-45 and the motor carrier business in this state.
13-46 3. The authority shall not find that the potential creation of competition
13-47 in a territory which may be caused by the granting of a certificate, by itself,
13-48 will unreasonably and adversely affect other carriers operating in the
13-49 territory for the purposes of paragraph (c) of subsection 2.
14-1 4. An applicant for such a certificate [has] :
14-2 (a) Has the burden of proving to the authority that the proposed
14-3 operation will meet the requirements of subsection 2 [.] ; and
14-4 (b) Must pay the amounts billed to him by the authority for reasonable
14-5 costs incurred by the authority in conducting an investigation or hearing
14-6 regarding the applicant.
14-7 5. The authority may issue a certificate of public convenience and
14-8 necessity to operate as a common motor carrier, or issue it for:
14-9 (a) The exercise of the privilege sought.
14-10 (b) The partial exercise of the privilege sought.
14-11 6. The authority may attach to the certificate such terms and conditions
14-12 as, in its judgment, the public interest may require.
14-13 7. The authority may dispense with the hearing on the application if,
14-14 upon the expiration of the time fixed in the notice thereof, no petition to
14-15 intervene has been filed on behalf of any person who has filed a protest
14-16 against the granting of the certificate.
14-17 Sec. 34. NRS 706.421 is hereby amended to read as follows:
14-18 706.421 1. It is unlawful for any contract motor carrier to act as such
14-19 within this state in intrastate commerce without first having obtained a
14-20 permit therefor.
14-21 2. A person who violates the provisions of subsection 1 is guilty of a
14-22 gross misdemeanor.
14-23 Sec. 35. NRS 706.473 is hereby amended to read as follows:
14-24 706.473 1. In a county whose population is less than 400,000, a
14-25 person who holds a certificate of public convenience and necessity which
14-26 was issued for the operation of a taxicab business may, upon approval from
14-27 the authority, lease a taxicab to an independent contractor who does not
14-28 hold a certificate of public convenience and necessity. A person [may lease
14-29 only one taxicab to each independent contractor with whom he enters into a
14-30 lease agreement.] who holds a certificate of public convenience and
14-31 necessity shall not lease more than one vehicle to each lessee. The taxicab
14-32 may be used only in a manner authorized by the lessor’s certificate of
14-33 public convenience and necessity [.] and must not be used to convey
14-34 passengers or light express without compensation therefor.
14-35 2. A person who enters into a lease agreement with an independent
14-36 contractor pursuant to this section shall submit a copy of the agreement to
14-37 the authority for its approval. The agreement is not effective until approved
14-38 by the authority. The authority shall review an agreement submitted to it
14-39 and shall not approve an agreement unless the agreement contains all
14-40 information that is required to be included in such an agreement.
14-41 3. A person who leases a taxicab to an independent contractor is
14-42 jointly and severally [liable] responsible with the independent contractor
14-43 for any violation of the provisions of this chapter or the regulations adopted
14-44 pursuant thereto, and shall ensure that the independent contractor complies
14-45 with such provisions and regulations.
14-46 4. [The authority or any of its employees may intervene in a civil
14-47 action involving a lease agreement entered into pursuant to this section.]
14-48 Each person who holds a certificate of public convenience and necessity
14-49 and who enters into a lease agreement pursuant to this section shall
15-1 make each such lease agreement available for public inspection at an
15-2 office in this state at which the person operates vehicles pursuant to the
15-3 certificate.
15-4 Sec. 36. NRS 706.476 is hereby amended to read as follows:
15-5 706.476 Except as otherwise provided in NRS 706.478:
15-6 1. A vehicle used [as a taxicab, limousine or other passenger vehicle in
15-7 passenger service] by any person or entity in this state to provide any kind
15-8 of transportation of passengers or property that is subject to the
15-9 jurisdiction of the authority must be impounded by the authority if a
15-10 certificate of public convenience and necessity has not been issued
15-11 authorizing [its operation.] the operation of the vehicle. A hearing must be
15-12 held by the authority [no] not later than the conclusion of the second
15-13 normal business day after impoundment, weekends and holidays excluded.
15-14 As soon as practicable after impoundment, the authority shall notify the
15-15 registered owner of the vehicle[:
15-16 (a) That the registered owner of the vehicle must post a bond in the
15-17 amount of $20,000 to ensure his presence at all proceedings held pursuant
15-18 to this section;
15-19 (b) Of the] of:
15-20 (a) The time set for the hearing; and
15-21 [(c) Of his]
15-22 (b) His right to be represented by counsel during all phases of the
15-23 proceedings.
15-24 2. The authority shall hold the vehicle until the registered owner of the
15-25 vehicle appears and[:
15-26 (a) Proves that he] proves that:
15-27 (a) He is the registered owner of the vehicle;
15-28 (b) [Proves that he] He holds a valid certificate of public convenience
15-29 and necessity;
15-30 [(c) Proves that the] and
15-31 (c) The vehicle meets all required standards of the authority . [; and
15-32 (d) Posts a bond in the amount of $20,000 with the authority.]
15-33 The authority shall return the vehicle to its registered owner when the
15-34 owner meets the requirements of this subsection and pays all costs of
15-35 impoundment.
15-36 3. If the registered owner is unable to meet the requirements of
15-37 paragraph (b) or (c) of subsection 2, the authority may assess an
15-38 administrative fine against the registered owner for each such violation in
15-39 the amount of $5,000. The maximum amount of the administrative fine that
15-40 may be assessed against a registered owner for a single impoundment of
15-41 his vehicle pursuant to this section is $10,000. The authority shall return
15-42 the vehicle after any administrative fine imposed pursuant to this
15-43 subsection and all costs of impoundment have been paid.
15-44 Sec. 37. NRS 706.756 is hereby amended to read as follows:
15-45 706.756 1. Except as otherwise provided in subsection 2, any person
15-46 who:
15-47 (a) Operates a vehicle or causes it to be operated in any carriage to
15-48 which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2
16-1 to 24, inclusive, of this act apply without first obtaining a [certificate,]
16-2 driver’s permit or license, or in violation of the terms thereof;
16-3 (b) Fails to make any return or report required by the provisions of NRS
16-4 706.011 to 706.861, inclusive, and sections 2 to 24, inclusive, of this act,
16-5 or by the authority or the department pursuant to the provisions of NRS
16-6 706.011 to 706.861, inclusive[;] , and sections 2 to 24, inclusive, of this
16-7 act;
16-8 (c) Violates, or procures, aids or abets the violating of, any provision of
16-9 NRS 706.011 to 706.861, inclusive[;] , and sections 2 to 24, inclusive, of
16-10 this act;
16-11 (d) Fails to obey any order, decision or regulation of the authority or the
16-12 department;
16-13 (e) Procures, aids or abets any person in his failure to obey such an
16-14 order, decision or regulation of the authority or the department;
16-15 (f) Advertises, solicits, proffers bids or otherwise holds himself out to
16-16 perform transportation as a common or contract carrier in violation of any
16-17 of the provisions of NRS 706.011 to 706.861, inclusive[;] , and sections 2
16-18 to 24, inclusive, of this act;
16-19 (g) Advertises as providing:
16-20 (1) The services of a fully regulated carrier; or
16-21 (2) Towing services,
16-22 without including the number of his certificate of public convenience and
16-23 necessity or contract carrier’s permit in each advertisement;
16-24 (h) Knowingly offers, gives, solicits or accepts any rebate, concession
16-25 or discrimination in violation of the provisions of this chapter;
16-26 (i) Knowingly, willfully and fraudulently seeks to evade or defeat the
16-27 purposes of this chapter;
16-28 (j) Operates or causes to be operated a vehicle which does not have the
16-29 proper identifying device;
16-30 (k) Displays or causes or permits to be displayed a certificate, permit,
16-31 license or identifying device, knowing it to be fictitious or to have been
16-32 canceled, revoked, suspended or altered;
16-33 (l) Lends or knowingly permits the use of by one not entitled thereto
16-34 any certificate, permit, license or identifying device issued to the person so
16-35 lending or permitting the use thereof; [or]
16-36 (m) Refuses or fails to surrender to the authority or the department any
16-37 certificate, permit, license or identifying device which has been suspended,
16-38 canceled or revoked pursuant to the provisions of this chapter[,] ; or
16-39 (n) Knowingly makes or causes to be made, either directly or
16-40 indirectly, a false statement on an application, account or other
16-41 statement required by the authority or who violates any provision of
16-42 sections 2 to 24, inclusive, of this act,
16-43 is guilty of a misdemeanor, and upon conviction thereof shall be punished
16-44 by a fine of not less than $100 nor more than $1,000, or by imprisonment
16-45 in the county jail for not more than 6 months, or by both fine and
16-46 imprisonment.
16-47 2. A person convicted of a gross misdemeanor for a violation of the
16-48 provisions of NRS 706.386 or 706.421 shall be punished:
17-1 (a) For the first offense, by a fine of not less than [$500] $1,000 nor
17-2 more than [$1,000;] $2,000;
17-3 (b) For a second offense within 12consecutive months and each
17-4 subsequent offense, by a fine of [$1,000;] $2,000; or
17-5 (c) For any offense, by imprisonment in the county jail for not more
17-6 than [6 months,] 1 year, or by both the prescribed fine and imprisonment.
17-7 3. Any person who operates or permits the operation of a vehicle in
17-8 passenger service without a certificate of public convenience and necessity
17-9 issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law
17-10 enforcement officer witnesses a violation of this subsection, he may cause
17-11 the vehicle to be towed immediately from the scene[.] and impounded in
17-12 accordance with NRS 706.476.
17-13 4. The fines provided in this section are mandatory and must not be
17-14 reduced under any circumstances by the court.
17-15 5. Any bail allowed must not be less than the appropriate fine provided
17-16 for by this section.
17-17 6. A conviction of a person pursuant to this section does not bar the
17-18 authority from suspending or revoking any certificate, license or permit
17-19 of the person so convicted. The imposition of a fine or the suspension or
17-20 revocation of a certificate, license or permit by the authority pursuant to
17-21 NRS 706.011 to 706.791, inclusive, and sections 2 to 24, inclusive, of this
17-22 act does not operate as a defense in any proceeding held pursuant to this
17-23 section.
17-24 Sec. 38. 1. On or before July 1, 2002, in each county whose
17-25 population is 400,000 or more, the transportation services authority shall
17-26 adopt the regulations required pursuant to subsection 6 of section 22 of this
17-27 act after considering all information that is relevant to traditional
17-28 limousines and livery limousines and without considering conditions
17-29 relating to taxicab motor carriers.
17-30 2. Unless otherwise authorized by the terms of a certificate of public
17-31 convenience and necessity issued to the fully regulated carrier of
17-32 passengers on or before the effective date of this section, a fully regulated
17-33 carrier of passengers shall not, before the effective date of those
17-34 regulations, increase the number of traditional limousines or livery
17-35 limousines that it operates in a county whose population is 400,000 or
17-36 more.
17-37 3. As used in this section:
17-38 (a) “Fully regulated carrier of passengers” has the meaning ascribed to
17-39 it in section 4 of this act.
17-40 (b) “Livery limousine” has the meaning ascribed to it in section 5 of this
17-41 act.
17-42 (c) “Taxicab motor carrier” has the meaning ascribed to it in NRS
17-43 706.126.
17-44 (d) “Traditional limousine” has the meaning ascribed to it in section 6
17-45 of this act.
17-46 Sec. 39. The amendatory provisions of this act do not apply to
17-47 offenses committed before the effective date of this act.
17-48 Sec. 40. 1. This section and sections 1 to 23, inclusive, and 25 to 39,
17-49 inclusive, of this act become effective upon passage and approval.
18-1 2. Section 24 of this act becomes effective on July 1, 2001.
18-2 3. The provisions of sections 9 and 10 of this act expire by limitation
18-3 on the date on which the provisions of 42 U.S.C. § 666 requiring each state
18-4 to establish procedures under which the state has authority to withhold or
18-5 suspend, or to restrict the use of professional, occupational and recreational
18-6 licenses of persons who:
18-7 (a) Have failed to comply with a subpoena or warrant relating to a
18-8 procedure to determine the paternity of a child or to establish or enforce an
18-9 obligation for the support of a child; or
18-10 (b) Are in arrears in the payment for the support of one or more
18-11 children,
18-12 are repealed by the Congress of the United States.
18-13 H