REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 7, 8, 24, 33)
(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND 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
1-11 persons, including the driver, but which has been modified to carry 16 or
1-12 more persons, including the driver.
2-1 Sec. 3. “Enforcement officer” means a member of the authority, a
2-2 manager of transportation of the authority or any other employee
2-3 designated by the authority to enforce the provisions of this chapter.
2-4 Sec. 4. “Fully regulated carrier of passengers” means a common
2-5 carrier or contract carrier of passengers that is required to obtain from
2-6 the authority a certificate of public convenience and necessity. The term
2-7 includes, without limitation, a holder of a certificate that operates a
2-8 taxicab, traditional limousine, livery limousine or super-stretch
2-9 limousine.
2-10 Sec. 5. “Livery limousine” means a motor vehicle which:
2-11 1. Was a light truck, as that term is defined in 49 C.F.R. § 523.5, at
2-12 the time of its manufacture;
2-13 2. Has a capacity of 11 or more persons but less than 16 persons,
2-14 including the driver; and
2-15 3. Is engaged in the general transportation of persons for
2-16 compensation and not operated on a regular schedule or over regular
2-17 routes.
2-18 Sec. 5.5. “Super-stretch limousine” means a motor vehicle that:
2-19 1. Has a capacity of 16 or more persons but not more than 30
2-20 persons, including the driver;
2-21 2. Is engaged in the general transportation of persons for
2-22 compensation and not operated on a regular schedule or over regular
2-23 routes;
2-24 3. Has a chassis that has been modified from its original design to
2-25 carry 16 or more persons but not more than 30 persons, including the
2-26 driver; and
2-27 4. Is not a bus.
2-28 Sec. 6. “Traditional limousine” means a motor vehicle that is
2-29 engaged in the general transportation of persons for compensation and
2-30 not operated on a regular schedule or over regular routes and:
2-31 1. Was a passenger automobile, as that term is defined in 49 C.F.R. §
2-32 523.4, at the time of its manufacture and was later modified to increase
2-33 its length; or
2-34 2. Has a capacity of less than 11 persons, including the driver.
2-35 Sec. 7. A fully regulated carrier, other than a fully regulated carrier
2-36 that operates taxicabs or an operator of a tow car, shall pay to the
2-37 authority a fee of not more than $350 per year for each vehicle that the
2-38 authority has authorized the carrier to operate.
2-39 Sec. 8. 1. A member or the deputy of the authority shall issue a
2-40 driver’s permit to each qualified person who wishes to be employed as a
2-41 driver by a fully regulated carrier of passengers. Before a member or the
2-42 deputy of the authority may issue a driver’s permit pursuant to this
2-43 section, the member or deputy shall:
2-44 (a) Require the applicant for the driver’s permit to submit a complete
2-45 set of his fingerprints and written permission authorizing the authority to
2-46 forward the fingerprints to the central repository for Nevada records of
2-47 criminal history for submission to the Federal Bureau of Investigation
2-48 for its report, and shall further investigate the background of the
2-49 applicant; and
3-1 (b) Require proof that the applicant:
3-2 (1) Has been a resident of this state for at least 30 days before the
3-3 date on which he filed his application for the driver’s permit; and
3-4 (2) Has a valid and appropriate license issued pursuant to NRS
3-5 483.340 which authorizes him to drive in this state the vehicle he will be
3-6 employed to drive.
3-7 2. A member or the deputy of the authority may refuse to issue a
3-8 driver’s permit to an applicant if the applicant has been convicted of:
3-9 (a) A felony, other than a sexual offense, in this state or any other
3-10 jurisdiction within the 5 years immediately preceding the date on which
3-11 he filed his application;
3-12 (b) A felony involving any sexual offense in this state or any other
3-13 jurisdiction at any time before the date on which he filed his application;
3-14 or
3-15 (c) A violation of NRS 484.379 or 484.3795, or a law in another
3-16 jurisdiction that prohibits the same or similar conduct, within the 3 years
3-17 immediately preceding the date on which he filed his application.
3-18 3. A member or the deputy of the authority may refuse to issue a
3-19 driver’s permit to an applicant who has been convicted of an offense
3-20 involving moral turpitude.
3-21 4. There must be paid to the authority for:
3-22 (a) The issuance of an original driver’s permit, a fee of $50.
3-23 (b) The renewal of a driver’s permit, a fee of $25.
3-24 Sec. 9. An application for the issuance of a driver’s permit must
3-25 include the social security number of the applicant.
3-26 Sec. 10. 1. An applicant for the issuance or renewal of a driver’s
3-27 permit shall submit to the authority the statement prescribed by the
3-28 welfare division of the department of human resources pursuant to NRS
3-29 425.520. The statement must be completed and signed by the applicant.
3-30 2. The authority shall include the statement required pursuant to
3-31 subsection 1 in:
3-32 (a) The application or any other forms that must be submitted for the
3-33 issuance or renewal of the driver’s permit; or
3-34 (b) A separate form prescribed by the authority.
3-35 3. A driver’s permit may not be issued or renewed by the authority if
3-36 the applicant:
3-37 (a) Fails to submit the statement required pursuant to subsection 1; or
3-38 (b) Indicates on the statement submitted pursuant to subsection 1 that
3-39 he is subject to a court order for the support of a child and is not in
3-40 compliance with the order or a plan approved by the district attorney or
3-41 other public agency enforcing the order for the repayment of the amount
3-42 owed pursuant to the order.
3-43 4. If an applicant indicates on the statement submitted pursuant to
3-44 subsection 1 that he is subject to a court order for the support of a child
3-45 and is not in compliance with the order or a plan approved by the district
3-46 attorney or other public agency enforcing the order for the repayment of
3-47 the amount owed pursuant to the order, the authority shall advise the
3-48 applicant to contact the district attorney or other public agency enforcing
4-1 the order to determine the actions that the applicant may take to satisfy
4-2 the arrearage.
4-3 Sec. 11. 1. Before applying to a fully regulated carrier of
4-4 passengers for employment as a driver, a person must obtain a
4-5 physician’s certificate, with two copies thereof, from a physician who is
4-6 licensed to practice medicine in this state.
4-7 2. A physician shall issue a certificate and two copies thereof to an
4-8 applicant if the physician finds that the applicant meets the applicable
4-9 health requirements established by the Federal Motor Carrier Safety
4-10 Regulations, 49 C.F.R. §§ 391.41 et seq.
4-11 3. A certificate from a physician issued pursuant to this section must:
4-12 (a) State that the physician has examined the applicant and found that
4-13 the applicant meets the applicable health requirements established by the
4-14 Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.;
4-15 and
4-16 (b) Be signed and dated by the physician issuing the certificate.
4-17 4. A certificate from a physician issued pursuant to this section
4-18 expires 2 years after the date on which it was issued and may be renewed.
4-19 Sec. 12. 1. A fully regulated carrier of passengers shall not employ
4-20 a person as a driver unless the person has obtained and has on his
4-21 person:
4-22 (a) A valid driver’s license issued by this state pursuant to NRS
4-23 483.010 to 483.630, inclusive;
4-24 (b) A copy of a certificate from a physician issued pursuant to section
4-25 11 of this act; and
4-26 (c) A driver’s permit issued pursuant to section 8 of this act.
4-27 2. A fully regulated carrier of passengers shall, at the time that it
4-28 employs a person to drive a vehicle:
4-29 (a) Provide that person with a complete copy of NRS 706.011 to
4-30 706.791, inclusive, and sections 2 to 24, inclusive, of this act, and any
4-31 regulations adopted pursuant thereto; and
4-32 (b) Require the person to sign a statement acknowledging that he has
4-33 received a complete copy of NRS 706.011 to 706.791, inclusive, and
4-34 sections 2 to 24, inclusive, of this act, and any regulations adopted
4-35 pursuant thereto, and has read and familiarized himself with the
4-36 provisions included therein.
4-37 Sec. 13. 1. Each driver of a fully regulated carrier of passengers
4-38 shall keep a daily trip sheet in a form to be prescribed by the authority.
4-39 2. At the beginning of each period of duty, a driver shall record on
4-40 his daily trip sheet:
4-41 (a) His name and the number of the vehicle;
4-42 (b) The time at which he began his period of duty; and
4-43 (c) The odometer reading of the vehicle.
4-44 3. During his period of duty, a driver shall record on his daily trip
4-45 sheet:
4-46 (a) The time, place of origin and destination of each trip; and
4-47 (b) The number of passengers and amount of fare for each trip.
4-48 4. At the end of each period of duty, a driver shall record on his daily
4-49 trip sheet:
5-1 (a) The time at which he ended his period of duty; and
5-2 (b) The odometer reading of the vehicle.
5-3 5. Each driver of a fully regulated carrier of passengers shall file
5-4 each trip sheet with the carrier. The carrier or a person designated by the
5-5 carrier shall review and retain each of the daily trip sheets of its drivers
5-6 in a safe place for at least 3 years immediately following December 31 of
5-7 the year to which the daily trip sheets pertain. A carrier shall make the
5-8 daily trip sheets available for inspection by a member or the deputy of the
5-9 authority upon reasonable demand.
5-10 6. A driver who fails to maintain a daily trip sheet or file a trip sheet
5-11 with a carrier as required by this section is guilty of a misdemeanor.
5-12 7. The provisions of this section do not relieve a carrier from any
5-13 obligation under its certificate of public convenience and necessity or
5-14 from its duty to comply with this chapter and the regulations adopted
5-15 pursuant to this chapter.
5-16 Sec. 14. The authority shall adopt regulations governing the conduct
5-17 of the drivers of a fully regulated carrier of passengers to ensure the
5-18 safety and comfort of the general public.
5-19 Sec. 15. (Deleted by amendment.)
5-20 Sec. 16. 1. Except as otherwise provided in subsection 2, a driver
5-21 of a fully regulated carrier of passengers shall not refuse or neglect to
5-22 transport any person to the destination requested by that person if:
5-23 (a) The person requests that the driver transport the person to that
5-24 destination; and
5-25 (b) The requested destination is located within the area of operation
5-26 authorized by the certificate of public convenience and necessity issued to
5-27 the carrier.
5-28 2. A driver of a fully regulated carrier of passengers is not subject to
5-29 the provisions of subsection 1 if the driver can show beyond a reasonable
5-30 doubt that:
5-31 (a) The driver had good reason to fear for his personal safety;
5-32 (b) The vehicle has been previously engaged by another person;
5-33 (c) The driver is forbidden by statute or regulation to carry the person
5-34 requesting the transportation; or
5-35 (d) The person requesting service acted in a disorderly manner,
5-36 including, without limitation, the use of:
5-37 (1) Hostile or offensive gestures; or
5-38 (2) Indecent or offensive language.
5-39 3. The authority shall adopt regulations that define when a person
5-40 acts in a disorderly manner, when a person uses hostile or offensive
5-41 gestures and when a person uses indecent or offensive language for the
5-42 purposes of paragraph (d) of subsection 2.
5-43 Sec. 17. 1. If a driver of a fully regulated carrier of passengers
5-44 violates any provision of sections 11 to 16, inclusive, of this act, or any
5-45 regulation adopted pursuant thereto, an enforcement officer may impose
5-46 the following sanctions:
5-47 (a) For a first offense, a warning or a fine of not more than $100, or
5-48 both a warning and a fine.
6-1 (b) For a second offense, a suspension of the driver’s permit issued to
6-2 the driver of not more than 3 days or a fine of not more than $200, or
6-3 both a suspension and a fine.
6-4 (c) For a third offense, a suspension of the driver’s permit issued to
6-5 the driver of not more than 6 days or a fine of not more than $300, or
6-6 both a suspension and a fine.
6-7 (d) For a fourth offense, a suspension of the driver’s permit issued to
6-8 the driver of 10 days or a fine of not more than $500, or both a
6-9 suspension and a fine.
6-10 (e) For a fifth or subsequent offense, the revocation of the driver’s
6-11 permit issued to the driver or a fine of not more than $500, or both the
6-12 revocation of the driver’s permit and a fine.
6-13 2. For the purposes of subsection 1, only those violations occurring
6-14 in the 12 months immediately preceding the most current violation may
6-15 be considered. The enforcement officer shall inspect the record of the
6-16 offending driver to determine the number of offenses committed during
6-17 the immediately preceding 12-month period.
6-18 3. The enforcement officer must conduct a hearing before he revokes
6-19 or suspends the driver’s permit of a driver or imposes a fine against a
6-20 driver pursuant to this section.
6-21 Sec. 18. 1. A driver of a fully regulated carrier of passengers:
6-22 (a) Shall not drive a vehicle or go on duty while under the influence
6-23 of, or impaired by, any controlled substance, dangerous drug or
6-24 intoxicating liquor.
6-25 (b) Shall not drink or otherwise consume any intoxicating liquor
6-26 while on duty.
6-27 (c) Shall not, at any time, use or consume any controlled substance or
6-28 dangerous drug that may impair his ability to operate a motor vehicle
6-29 and shall not, at any time, use or consume any other controlled
6-30 substance or dangerous drug, except in accordance with a lawfully
6-31 issued prescription.
6-32 (d) Shall obey all provisions and restrictions of the certificate of
6-33 public convenience and necessity issued to the carrier.
6-34 2. If a driver violates any provision of subsection 1, an enforcement
6-35 officer may, after a hearing, impose the following sanctions:
6-36 (a) For a first offense, a suspension of the driver’s permit issued to the
6-37 driver of not more than 5 days or a fine of not more than $100, or both a
6-38 suspension and a fine.
6-39 (b) For a second offense, a suspension of the driver’s permit issued to
6-40 the driver of not more than 20 days or a fine of not more than $300, or
6-41 both a suspension and a fine.
6-42 (c) For a third or subsequent offense, the revocation of the driver’s
6-43 permit issued to the driver or a fine of not more than $500, or both the
6-44 revocation of the driver’s permit and a fine.
6-45 In addition to any fine set forth in this subsection, the enforcement
6-46 officer may revoke the driver’s permit issued to a driver for any violation
6-47 of paragraph (a) of subsection 1.
6-48 3. For the purposes of this section, only those violations occurring in
6-49 the 12 months immediately preceding the most current violation may be
7-1 considered. The enforcement officer shall inspect the record of the
7-2 offending driver to determine the number of offenses committed during
7-3 the immediately preceding 12-month period.
7-4 Sec. 19. 1. Each week, a common motor carrier or contract motor
7-5 carrier authorized to operate a taxicab, traditional limousine, livery
7-6 limousine, super-stretch limousine or bus shall perform a preventative
7-7 maintenance and safety inspection as recommended by the maintenance
7-8 specifications of the manufacturer of the vehicle.
7-9 2. Any person, including, without limitation, a safety inspector,
7-10 service maintenance person, supervisor, manager, owner or driver, who
7-11 operates a motor vehicle for a common motor carrier or contract motor
7-12 carrier engaged in passenger or light express service shall:
7-13 (a) Report and notify the owner or manager of the common or
7-14 contract carrier of a safety defect or unsafe condition in a vehicle as soon
7-15 as possible after becoming aware of the defect or condition; and
7-16 (b) Return the vehicle to the maintenance facility for repair as soon as
7-17 possible after becoming aware of the defect or condition.
7-18 A common motor carrier or contract motor carrier that receives notice of
7-19 a defect or unsafe condition pursuant to this subsection shall not allow
7-20 the vehicle to be returned to service until the defect or condition has been
7-21 repaired.
7-22 Sec. 20. The provisions of sections 21, 22 and 23 of this act only
7-23 apply in a county whose population is 400,000 or more.
7-24 Sec. 21. The authority may:
7-25 1. Determine the circumstances that require a temporary increase in
7-26 the number of traditional limousines, livery limousines or super-stretch
7-27 limousines that are operated by each fully regulated carrier of
7-28 passengers which operates such vehicles pursuant to section 22 of this
7-29 act; and
7-30 2. Allocate a temporary increase in the number of traditional
7-31 limousines, livery limousines and super-stretch limousines pursuant to
7-32 section 23 of this act when the circumstances require the increase.
7-33 Sec. 22. 1. In determining a system of allocation for traditional
7-34 limousines, livery limousines and super-stretch limousines, or a change
7-35 in the existing allocation of traditional limousines, livery limousines or
7-36 super-stretch limousines, the authority shall consider separately the
7-37 interests, welfare, convenience, necessity and well-being of the customers
7-38 of taxicab motor carriers and of other fully regulated carriers of
7-39 passengers. The authority may also consider additional factors,
7-40 including, without limitation:
7-41 (a) The increase in population during the year immediately preceding
7-42 the date of consideration of counties whose population is 400,000 or
7-43 more.
7-44 (b) The increase in the volume of passengers during the year
7-45 immediately preceding the date of consideration at airports in counties
7-46 whose population is 400,000 or more.
7-47 (c) The increase in the number of occupied hotel and motel rooms
7-48 during the year immediately preceding the date of consideration in
7-49 counties whose population is 400,000 or more.
8-1 (d) The increase in the number of customers using the services of
8-2 traditional limousines, livery limousines and super-stretch limousines
8-3 during the year immediately preceding the date of consideration in
8-4 counties whose population is 400,000 or more.
8-5 2. If circumstances require an increase in existing allocations, the
8-6 authority shall allocate the vehicles equally among the fully regulated
8-7 carriers of passengers who apply for an allocation and who are in the
8-8 area affected by the allocation.
8-9 3. Unless a fully regulated carrier of passengers puts additionally
8-10 allocated traditional limousines, livery limousines and super-stretch
8-11 limousines into service within 90 days after the effective date of an
8-12 increased allocation, the increased allocation to that carrier is void.
8-13 4. The authority may attach to the exercise of the rights granted by
8-14 an allocation any terms and conditions that, in its judgment, the public
8-15 interest may require. The authority shall determine from evidence
8-16 gathered at a hearing which arrangements for capitalization or other
8-17 security or assets must remain in place and which principals and
8-18 managers of the applicant must continue to be active in those capacities
8-19 to provide the fitness and ability required for continued operation under
8-20 the certificate of public convenience and necessity issued to the fully
8-21 regulated carrier of passengers.
8-22 5. Each year, the authority shall review any existing allocation of
8-23 traditional limousines, livery limousines and super-stretch limousines to
8-24 determine whether the allocation is appropriate pursuant to subsection 1.
8-25 6. After considering all information relevant to the operation of
8-26 traditional limousines, livery limousines and super-stretch limousines in
8-27 a county whose population is 400,000 or more, the authority shall adopt
8-28 regulations relating to the number of such vehicles that will be allocated.
8-29 The regulations must reserve an allocation of such vehicles for
8-30 additional fully regulated carriers of passengers that may subsequently
8-31 apply for an allocation.
8-32 Sec. 23. 1. In determining whether circumstances require a
8-33 temporary increase in the number of traditional limousines, livery
8-34 limousines and super-stretch limousines allocated pursuant to section 22
8-35 of this act, the authority shall consider separately the interests, welfare,
8-36 convenience, necessity and well-being of the customers of taxicab motor
8-37 carriers and of other fully regulated carriers of passengers.
8-38 2. If circumstances require a temporary increase in the number of
8-39 vehicles allocated pursuant to section 22 of this act, the authority shall
8-40 allocate the temporary increase equally among the fully regulated
8-41 carriers of passengers who apply for an allocation and who are in the
8-42 area affected by the allocation.
8-43 3. The authority shall determine:
8-44 (a) The number of additional vehicles to be allocated; and
8-45 (b) The duration of the temporary allocations, which may not exceed
8-46 15 days.
8-47 4. The authority may adopt regulations governing temporary
8-48 increases in the allocation of vehicles pursuant to this section.
9-1 Sec. 24. 1. A motor vehicle used for the transportation of
9-2 passengers or property is not subject to the provisions of this chapter
9-3 governing fully regulated carriers if:
9-4 (a) The person that owns and operates the motor vehicle holds a
9-5 nonrestricted license pursuant to which the holder operates any number
9-6 of slot machines together with any other game, gaming device, race book
9-7 or sports pool at one establishment;
9-8 (b) The person who holds the nonrestricted license is not in the
9-9 business of, and does not charge compensation for, transporting
9-10 passengers or property; and
9-11 (c) The use of the motor vehicle by the person who holds the
9-12 nonrestricted license to transport passengers or property is incidental to
9-13 the business for which the nonrestricted license was issued.
9-14 2. A holder of a nonrestricted license shall apply to the authority for
9-15 the issuance of a decal, sticker or other type of identification for
9-16 placement on a motor vehicle used by the holder to transport passengers
9-17 and property in accordance with subsection 1. The authority shall issue a
9-18 decal, sticker or other type of identification to a holder of a nonrestricted
9-19 license if the authority determines that the motor vehicle upon which the
9-20 identification will be placed meets and will be operated in accordance
9-21 with the requirements of subsection 1. A decal, sticker or other type of
9-22 identification is valid for 1 year. The authority may impose a fee of not
9-23 more than $50 for the issuance of a decal, sticker or other type of
9-24 identification pursuant to this subsection.
9-25 3. As used in this section, “nonrestricted license” has the meaning
9-26 ascribed to it in subsection 2 of NRS 463.0177.
9-27 Sec. 25. NRS 706.011 is hereby amended to read as follows:
9-28 706.011 As used in NRS 706.011 to 706.791, inclusive, and sections 2
9-29 to 24, inclusive, of this act, unless the context otherwise requires, the
9-30 words and terms defined in NRS 706.013 to 706.146, inclusive, and
9-31 sections 2 to 6, inclusive, of this act have the meanings ascribed to them in
9-32 those sections.
9-33 Sec. 26. (Deleted by amendment.)
9-34 Sec. 27. NRS 706.168 is hereby amended to read as follows:
9-35 706.168 1. The authority of the transportation services authority to
9-36 supervise and regulate [motor] carriers , drivers and brokers respectively,
9-37 to the extent provided in this chapter, must be exercised separately. A
9-38 [motor] carrier is responsible only for his own acts and [those of his
9-39 employees or agents who are not brokers.] the acts of the driver or broker
9-40 that were directed or allowed by the carrier. A broker is responsible only
9-41 for his own acts and [those] the acts of his [employees or agents who are
9-42 not motor carriers.]employee or agent that were directed or allowed by
9-43 the broker.
9-44 2. The provisions of this section do not relieve a carrier from any
9-45 obligation under its certificate of public convenience and necessity or
9-46 from its duty to comply with this chapter and the regulations adopted
9-47 pursuant to this chapter.
9-48 Sec. 28. NRS 706.171 is hereby amended to read as follows:
9-49 706.171 1. The authority and the department may:
10-1 (a) Make necessary and reasonable regulations governing the
10-2 administration and enforcement of the provisions of this chapter for which
10-3 they are each responsible.
10-4 (b) Adopt by reference any appropriate rule or regulation, as it exists at
10-5 the time of adoption, issued by the United States Department of
10-6 Transportation, the Surface Transportation Board, any other agency of the
10-7 Federal Government, or the National Association of Regulatory Utility
10-8 Commissioners.
10-9 (c) Require such reports and the maintenance of such records as they
10-10 determine to be necessary for the administration and enforcement of this
10-11 chapter.
10-12 (d) Except as otherwise provided in this section, examine, at any time
10-13 during the business hours of the day, the books, papers and records of any
10-14 fully regulated carrier, and of any other common, contract or private motor
10-15 carrier doing business in this state to the extent necessary for their
10-16 respective duties. The authority and the department may examine in other
10-17 states or require by subpoena the production inside this state of such books,
10-18 papers and records as are not maintained in this state.
10-19 (e) Temporarily waive any requirement for a certificate or permit when
10-20 an emergency exists as defined in NRS 706.561.
10-21 2. No personnel records of an employee of a fully regulated carrier, or
10-22 of any other common, contract or private motor carrier may be examined
10-23 pursuant to paragraph (d) of subsection 1 unless the records contain
10-24 information relating to a matter of public safety or the authority and the
10-25 department determine that the examination is required to protect the
10-26 interests of the public.
10-27 3. The department may adopt regulations to ensure the payment of any
10-28 fee due or authorized pursuant to the provisions of this chapter.
10-29 4. If the authority or the department adopts regulations that refer or
10-30 relate to a bus, the term “bus,” as used in those regulations, has the
10-31 meaning ascribed to it in section 2 of this act.
10-32 5. As used in this section, “personnel records” does not include:
10-33 (a) The name of the employee who is the subject of the record;
10-34 (b) The gross compensation and perquisites of the employee;
10-35 (c) Any record of the business expenses of the employee;
10-36 (d) The title or any description of the position held by the employee;
10-37 (e) The qualifications required for the position held by the employee;
10-38 (f) The business address of the employee;
10-39 (g) The telephone number of the employee at his place of business;
10-40 (h) The work schedule of the employee;
10-41 (i) The date on which the employee began his employment; and
10-42 (j) If applicable, the date on which the employment of the employee
10-43 was terminated.
10-44 Sec. 29. NRS 706.2885 is hereby amended to read as follows:
10-45 706.2885 1. A certificate of public convenience and necessity,
10-46 permit or license issued in accordance with this chapter is not a franchise
10-47 and may be revoked.
10-48 2. The authority may at any time, for good cause shown, after
10-49 investigation and hearing , unless waived by the holder of the certificate,
11-1 license or permit, and upon 5 days’ written notice to the [grantee,] holder,
11-2 suspend any certificate, permit or license issued in accordance with the
11-3 provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 24,
11-4 inclusive, of this act for a period not to exceed 60 days.
11-5 3. Upon receipt of a written complaint or on its own motion, the
11-6 authority may, after investigation and hearing, revoke any certificate,
11-7 permit or license[.] for any violation of NRS 706.011 to 706.791,
11-8 inclusive, and sections 2 to 24, inclusive, of this act, or any regulation
11-9 adopted pursuant thereto, or for knowingly allowing or requiring any
11-10 employee to violate any provision of sections 2 to 24, inclusive, of this act
11-11 or any regulation of the authority relating thereto. If service of the notice
11-12 required by subsection 2 cannot be made or if the [grantee] holder
11-13 relinquishes his interest in the certificate, permit or license by so notifying
11-14 the authority in writing, the authority may revoke the certificate, permit or
11-15 license without a hearing.
11-16 4. The proceedings thereafter are governed by the provisions of
11-17 chapter 233B of NRS.
11-18 5. If the holder of a certificate or driver’s permit fails to appear at
11-19 the time and place stated in the notice for any hearing, the authority
11-20 shall enter a finding of default. Upon the entering of a finding of default,
11-21 the authority may suspend or revoke the certificate or driver’s permit of
11-22 the person who failed to appear and may impose the penalties as
11-23 provided in this chapter. For good cause shown, the authority may set
11-24 aside a finding of default entered pursuant to this subsection and proceed
11-25 with a hearing on the matter.
11-26 Sec. 30. NRS 706.361 is hereby amended to read as follows:
11-27 706.361 1. A person with a disability is entitled to the full and equal
11-28 enjoyment of the facilities of any common motor carrier of passengers,
11-29 contract motor carrier of passengers or other entity providing a means of
11-30 public conveyance and transportation operating within this state.
11-31 2. A common motor carrier of passengers, a contract motor carrier of
11-32 passengers and other entities providing means of public conveyance and
11-33 transportation shall designate a person responsible for ensuring that the
11-34 carrier complies with the applicable provisions of the Americans with
11-35 Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive, and 47
11-36 U.S.C. §§ 225 and 611, and the regulations adopted pursuant to that act.
11-37 3. The person designated pursuant to subsection 2 shall conduct
11-38 training sessions for the employees of the carrier or entity. Each employee
11-39 must be provided at least 3 hours of training during one or more training
11-40 sessions. During the training sessions, the designee shall:
11-41 (a) Describe the carrier’s plan for compliance with the Americans with
11-42 Disabilities Act of 1990 and the regulations adopted pursuant to that act;
11-43 (b) Explain the obligations of the employees to assist a person with a
11-44 disability to store a mobility device;
11-45 (c) Explain the illegality of charging an additional fee or a higher fare to
11-46 a person with a disability; and
11-47 (d) Ensure that each employee is trained in accordance with the
11-48 requirements of 49 C.F.R. § 37.173.
12-1 4. It is unlawful for any person to deny any of the privileges granted
12-2 by subsection 1.
12-3 5. It is unlawful for any driver of a common motor carrier, or for a
12-4 contract motor carrier, common motor carrier or other entity providing a
12-5 means of public conveyance or transportation operating within this state,
12-6 to:
12-7 (a) Deny the equal enjoyment of its services and facilities to a person
12-8 with a disability by the arbitrary, capricious or unreasonable interference,
12-9 direct or indirect, with the use of aids and appliances used by a person with
12-10 a disability;
12-11 (b) Fail to designate a person pursuant to subsection 2; or
12-12 (c) Fail to conduct the training sessions in the manner described in
12-13 subsection 3.
12-14 6. As used in this section, “disability” has the meaning ascribed to it in
12-15 49 C.F.R. § 37.3.
12-16 Sec. 31. NRS 706.366 is hereby amended to read as follows:
12-17 706.366 1. It is unlawful for a driver of a common motor carrier of
12-18 passengers , or for a common motor carrier, contract motor carrier or
12-19 other means of public conveyance or transportation operating in this state ,
12-20 to:
12-21 (a) Refuse service to a visually, aurally or physically handicapped
12-22 person because he is accompanied by a guide dog, hearing dog, helping
12-23 dog or other service animal;
12-24 (b) Refuse service to a person who is training a guide dog, hearing dog,
12-25 helping dog or other service animal because he is accompanied by such an
12-26 animal; or
12-27 (c) Charge an additional fee for such an animal.
12-28 2. This section does not relieve a visually, aurally or physically
12-29 handicapped person or a person who trains a guide dog, hearing dog,
12-30 helping dog or other service animal from liability for damage which may
12-31 be caused by his animal.
12-32 3. Visually, aurally or physically handicapped persons accompanied by
12-33 guide dogs, hearing dogs, helping dogs or other service animals are subject
12-34 to the same conditions and limitations that apply to persons who are not so
12-35 handicapped and accompanied.
12-36 4. For the purposes of this section, the terms “guide dog,” “hearing
12-37 dog,” “helping dog” and “service animal” have the meanings ascribed to
12-38 them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
12-39 Sec. 32. (Deleted by amendment.)
12-40 Sec. 33. NRS 706.391 is hereby amended to read as follows:
12-41 706.391 1. Upon thefiling of an application for a certificate of
12-42 public convenience and necessity to operate as a motor carrier other than
12-43 an operator of a tow car [,] and the payment of a nonrefundable
12-44 application fee of $200, the authority shall fix a time and place for hearing
12-45 [thereon.] on the application.
12-46 2. The authority shall issue [such] a certificate of public convenience
12-47 and necessity to a person who submits an application and application fee
12-48 pursuant to subsection 1, if it finds that:
13-1 (a) The applicant is fit, willing and able to perform the services of a
13-2 common motor carrier;
13-3 (b) The proposed operation will be consistent with the legislative
13-4 policies set forth in NRS 706.151;
13-5 (c) The granting of the certificate will not unreasonably and adversely
13-6 affect other carriers operating in the territory for which the certificate is
13-7 sought; and
13-8 (d) The proposed service will benefit the traveling and shipping public
13-9 and the motor carrier business in this state.
13-10 3. The authority shall not find that the potential creation of competition
13-11 in a territory which may be caused by the granting of a certificate, by itself,
13-12 will unreasonably and adversely affect other carriers operating in the
13-13 territory for the purposes of paragraph (c) of subsection 2.
13-14 4. An applicant for such a certificate [has] :
13-15 (a) Has the burden of proving to the authority that the proposed
13-16 operation will meet the requirements of subsection 2 [.] ; and
13-17 (b) Must pay the amounts billed to him by the authority for reasonable
13-18 costs incurred by the authority in conducting an investigation or hearing
13-19 regarding the applicant.
13-20 5. The authority may issue a certificate of public convenience and
13-21 necessity to operate as a common motor carrier, or issue it for:
13-22 (a) The exercise of the privilege sought.
13-23 (b) The partial exercise of the privilege sought.
13-24 6. The authority may attach to the certificate such terms and conditions
13-25 as, in its judgment, the public interest may require.
13-26 7. The authority may dispense with the hearing on the application if,
13-27 upon the expiration of the time fixed in the notice thereof, no petition to
13-28 intervene has been filed on behalf of any person who has filed a protest
13-29 against the granting of the certificate.
13-30 Sec. 34. (Deleted by amendment.)
13-31 Sec. 35. NRS 706.473 is hereby amended to read as follows:
13-32 706.473 1. In a county whose population is less than 400,000, a
13-33 person who holds a certificate of public convenience and necessity which
13-34 was issued for the operation of a taxicab business may, upon approval from
13-35 the authority, lease a taxicab to an independent contractor who does not
13-36 hold a certificate of public convenience and necessity. A person [may lease
13-37 only one taxicab to each independent contractor with whom he enters into a
13-38 lease agreement.] who holds a certificate of public convenience and
13-39 necessity shall not lease more than one vehicle to each lessee. The taxicab
13-40 may be used only in a manner authorized by the lessor’s certificate of
13-41 public convenience and necessity [.] and must not be used to convey
13-42 passengers or light express without compensation therefor.
13-43 2. A person who enters into a lease agreement with an independent
13-44 contractor pursuant to this section shall submit a copy of the agreement to
13-45 the authority for its approval. The agreement is not effective until approved
13-46 by the authority. The authority shall review an agreement submitted to it
13-47 and shall not approve an agreement unless the agreement contains all
13-48 information that is required to be included in such an agreement.
14-1 3. A person who leases a taxicab to an independent contractor is
14-2 jointly and severally [liable] responsible with the independent contractor
14-3 for any violation of the provisions of this chapter or the regulations adopted
14-4 pursuant thereto, and shall ensure that the independent contractor complies
14-5 with such provisions and regulations.
14-6 4. [The authority or any of its employees may intervene in a civil
14-7 action involving a lease agreement entered into pursuant to this section.]
14-8 Each person who holds a certificate of public convenience and necessity
14-9 and who enters into a lease agreement pursuant to this section shall
14-10 make each such lease agreement available for public inspection at an
14-11 office in this state at which the person operates vehicles pursuant to the
14-12 certificate.
14-13 Sec. 36. NRS 706.476 is hereby amended to read as follows:
14-14 706.476 Except as otherwise provided in NRS 706.478:
14-15 1. A vehicle used [as a taxicab, limousine or other passenger vehicle in
14-16 passenger service] by any person or entity in this state to provide any kind
14-17 of transportation of passengers or property that is subject to the
14-18 jurisdiction of the authority must be impounded by the authority if a
14-19 certificate of public convenience and necessity has not been issued
14-20 authorizing [its operation.] the operation of the vehicle. A hearing must be
14-21 held by the authority [no] not later than the conclusion of the second
14-22 normal business day after impoundment, weekends and holidays excluded.
14-23 As soon as practicable after impoundment, the authority shall notify the
14-24 registered owner of the vehicle[:
14-25 (a) That the registered owner of the vehicle must post a bond in the
14-26 amount of $20,000 to ensure his presence at all proceedings held pursuant
14-27 to this section;
14-28 (b) Of the] of:
14-29 (a) The time set for the hearing; and
14-30 [(c) Of his]
14-31 (b) His right to be represented by counsel during all phases of the
14-32 proceedings.
14-33 2. The authority shall hold the vehicle until the registered owner of the
14-34 vehicle appears and[:
14-35 (a) Proves that he] proves that:
14-36 (a) He is the registered owner of the vehicle;
14-37 (b) [Proves that he] He holds a valid certificate of public convenience
14-38 and necessity;
14-39 [(c) Proves that the] and
14-40 (c) The vehicle meets all required standards of the authority . [; and
14-41 (d) Posts a bond in the amount of $20,000 with the authority.]
14-42 The authority shall return the vehicle to its registered owner when the
14-43 owner meets the requirements of this subsection and pays all costs of
14-44 impoundment.
14-45 3. If the registered owner is unable to meet the requirements of
14-46 paragraph (b) or (c) of subsection 2, the authority may assess an
14-47 administrative fine against the registered owner for each such violation in
14-48 the amount of $5,000. The maximum amount of the administrative fine that
14-49 may be assessed against a registered owner for a single impoundment of
15-1 his vehicle pursuant to this section is $10,000. The authority shall return
15-2 the vehicle after any administrative fine imposed pursuant to this
15-3 subsection and all costs of impoundment have been paid.
15-4 Sec. 37. NRS 706.756 is hereby amended to read as follows:
15-5 706.756 1. Except as otherwise provided in subsection 2, any person
15-6 who:
15-7 (a) Operates a vehicle or causes it to be operated in any carriage to
15-8 which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2
15-9 to 24, inclusive, of this act apply without first obtaining a [certificate,]
15-10 driver’s permit or license, or in violation of the terms thereof;
15-11 (b) Fails to make any return or report required by the provisions of NRS
15-12 706.011 to 706.861, inclusive, and sections 2 to 24, inclusive, of this act,
15-13 or by the authority or the department pursuant to the provisions of NRS
15-14 706.011 to 706.861, inclusive[;] , and sections 2 to 24, inclusive, of this
15-15 act;
15-16 (c) Violates, or procures, aids or abets the violating of, any provision of
15-17 NRS 706.011 to 706.861, inclusive[;] , and sections 2 to 24, inclusive, of
15-18 this act;
15-19 (d) Fails to obey any order, decision or regulation of the authority or the
15-20 department;
15-21 (e) Procures, aids or abets any person in his failure to obey such an
15-22 order, decision or regulation of the authority or the department;
15-23 (f) Advertises, solicits, proffers bids or otherwise holds himself out to
15-24 perform transportation as a common or contract carrier in violation of any
15-25 of the provisions of NRS 706.011 to 706.861, inclusive[;] , and sections 2
15-26 to 24, inclusive, of this act;
15-27 (g) Advertises as providing:
15-28 (1) The services of a fully regulated carrier; or
15-29 (2) Towing services,
15-30 without including the number of his certificate of public convenience and
15-31 necessity or contract carrier’s permit in each advertisement;
15-32 (h) Knowingly offers, gives, solicits or accepts any rebate, concession
15-33 or discrimination in violation of the provisions of this chapter;
15-34 (i) Knowingly, willfully and fraudulently seeks to evade or defeat the
15-35 purposes of this chapter;
15-36 (j) Operates or causes to be operated a vehicle which does not have the
15-37 proper identifying device;
15-38 (k) Displays or causes or permits to be displayed a certificate, permit,
15-39 license or identifying device, knowing it to be fictitious or to have been
15-40 canceled, revoked, suspended or altered;
15-41 (l) Lends or knowingly permits the use of by one not entitled thereto
15-42 any certificate, permit, license or identifying device issued to the person so
15-43 lending or permitting the use thereof; [or]
15-44 (m) Refuses or fails to surrender to the authority or the department any
15-45 certificate, permit, license or identifying device which has been suspended,
15-46 canceled or revoked pursuant to the provisions of this chapter[,] ; or
15-47 (n) Knowingly makes or causes to be made, either directly or
15-48 indirectly, a false statement on an application, account or other
16-1 statement required by the authority or who violates any provision of
16-2 sections 2 to 24, inclusive, of this act,
16-3 is guilty of a misdemeanor, and upon conviction thereof shall be punished
16-4 by a fine of not less than $100 nor more than $1,000, or by imprisonment
16-5 in the county jail for not more than 6 months, or by both fine and
16-6 imprisonment.
16-7 2. A person convicted of a misdemeanor for a violation of the
16-8 provisions of NRS 706.386 or 706.421 shall be punished:
16-9 (a) For the first offense, by a fine of not less than $500 nor more than
16-10 $1,000;
16-11 (b) For a second offense within 12 consecutive months and each
16-12 subsequent offense, by a fine of $1,000; or
16-13 (c) For any offense, by imprisonment in the county jail for not more
16-14 than 6 months, or by both the prescribed fine and imprisonment.
16-15 3. Any person who operates or permits the operation of a vehicle in
16-16 passenger service without a certificate of public convenience and necessity
16-17 issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law
16-18 enforcement officer witnesses a violation of this subsection, he may cause
16-19 the vehicle to be towed immediately from the scene[.] and impounded in
16-20 accordance with NRS 706.476.
16-21 4. The fines provided in this section are mandatory and must not be
16-22 reduced under any circumstances by the court.
16-23 5. Any bail allowed must not be less than the appropriate fine provided
16-24 for by this section.
16-25 6. A conviction of a person pursuant to this section does not bar the
16-26 authority from suspending or revoking any certificate, license or permit
16-27 of the person so convicted. The imposition of a fine or the suspension or
16-28 revocation of a certificate, license or permit by the authority pursuant to
16-29 NRS 706.011 to 706.791, inclusive, and sections 2 to 24, inclusive, of this
16-30 act does not operate as a defense in any proceeding held pursuant to this
16-31 section.
16-32 Sec. 38. 1. On or before July 1, 2002, in each county whose
16-33 population is 400,000 or more, the transportation services authority shall
16-34 adopt the regulations required pursuant to subsection 6 of section 22 of this
16-35 act after considering all information that is relevant to traditional
16-36 limousines, livery limousines and super-stretch limousines and without
16-37 considering conditions relating to taxicab motor carriers. The regulations
16-38 must not become effective before July 1, 2002.
16-39 2. As used in this section:
16-40 (a) “Fully regulated carrier of passengers” has the meaning ascribed to
16-41 it in section 4 of this act.
16-42 (b) “Livery limousine” has the meaning ascribed to it in section 5 of this
16-43 act.
16-44 (c) “Super-stretch limousine” has the meaning ascribed to it in section
16-45 5.5 of this act.
16-46 (d) “Taxicab motor carrier” has the meaning ascribed to it in NRS
16-47 706.126.
16-48 (e) “Traditional limousine” has the meaning ascribed to it in section 6 of
16-49 this act.
17-1 Sec. 39. The amendatory provisions of this act do not apply to
17-2 offenses committed before the effective date of this act.
17-3 Sec. 40. 1. This section and sections 1 to 23, inclusive, and 25 to 39,
17-4 inclusive, of this act become effective upon passage and approval.
17-5 2. Section 24 of this act becomes effective on July 1, 2001.
17-6 3. The provisions of sections 9 and 10 of this act expire by limitation
17-7 on the date on which the provisions of 42 U.S.C. § 666 requiring each state
17-8 to establish procedures under which the state has authority to withhold or
17-9 suspend, or to restrict the use of professional, occupational and recreational
17-10 licenses of persons who:
17-11 (a) Have failed to comply with a subpoena or warrant relating to a
17-12 procedure to determine the paternity of a child or to establish or enforce an
17-13 obligation for the support of a child; or
17-14 (b) Are in arrears in the payment for the support of one or more
17-15 children,
17-16 are repealed by the Congress of the United States.
17-17 H