requires two-thirds majority vote (§§ 5, 6, 16, 21, 26, 27)                                                                                          

                                                                                                  

 

Senate Bill No. 192–Committee on Transportation

 

(On Behalf of the Transportation
Services Authority)

 

February 21, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes to provisions governing certain motor carriers and drivers. (BDR 58‑537)

 

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.

 

AN ACT relating to transportation; revising provisions governing the regulation of certain motor carriers and drivers; imposing an annual fee upon certain motor carriers; requiring drivers of certain motor carriers to obtain a driver’s permit from the Transportation Services Authority; imposing a fee for the issuance and renewal of such a permit; requiring the Transportation Services Authority to adopt regulations governing the conduct of certain drivers; increasing the amount of certain application fees and filing fees; revising provisions relating to disciplinary action; prohibiting discriminatory conduct by certain motor carriers and drivers; revising provisions relating to certificates of public convenience and necessity and permits; increasing the annual fee to operate a tow car; revising provisions governing the impoundment of certain vehicles; revising provisions relating to driver’s permits issued by the Taxicab Authority; revising provisions administered by the Taxicab Authority; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1  Section 1. Chapter 706 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 13, inclusive, of this

2-3  act.

2-4  Sec. 2.  1.  “Driver of a fully regulated carrier of

2-5  passengers” means a person who:

2-6  (a) Is employed to drive a vehicle of a fully regulated carrier of

2-7  passengers; or

2-8  (b) Is an independent contractor and is authorized to lease and

2-9  drive a vehicle of a fully regulated carrier of passengers pursuant

2-10  to NRS 706.011 to 706.791, inclusive, and sections 2 to 11,

2-11  inclusive, of this act, and the regulations adopted pursuant

2-12  thereto.

2-13      2.  The term includes, without limitation, a person who is the

2-14  lessee of a taxicab pursuant to NRS 706.473.

2-15      3.  The term does not include a person who drives a vehicle of

2-16  a carrier whose certificate is limited to providing charter service by

2-17  bus.

2-18      Sec. 3.  1.  “Fully regulated carrier of passengers” means a

2-19  common motor carrier of passengers or contract motor carrier of

2-20  passengers that is required to obtain from the Authority a

2-21  certificate of public convenience and necessity, except for a carrier

2-22  whose certificate is limited to providing charter service by bus.

2-23      2.  The term includes, without limitation, a carrier that

2-24  operates a taxicab or limousine.

2-25      Sec. 4.  “Limousine” includes, without limitation, a

2-26  traditional limousine and a livery limousine.

2-27      Sec. 5.  1.  A fully regulated carrier shall pay to the

2-28  Authority a fee of not more than $350 per year for each vehicle

2-29  that the Authority has authorized the carrier to operate.

2-30      2.  The provisions of this section do not apply to:

2-31      (a) A taxicab motor carrier; or

2-32      (b) An operator of a tow car.

2-33      Sec. 6.  1.  A member or the Deputy of the Authority shall

2-34  issue a driver’s permit to each qualified person who wishes to be a

2-35  driver of a fully regulated carrier of passengers and who complies

2-36  with the requirements for the issuance of a driver’s permit.

2-37      2.  Before a member or the Deputy of the Authority may issue

2-38  a driver’s permit to an applicant, the member or Deputy shall:

2-39      (a) Require the applicant to submit a complete set of his

2-40  fingerprints and written permission authorizing the Authority to

2-41  forward the fingerprints to the Central Repository for Nevada

2-42  Records of Criminal History for submission to the Federal Bureau

2-43  of Investigation to ascertain whether the applicant has a criminal

2-44  record and the nature of any such record, and shall further

2-45  investigate the applicant’s background; and

3-1  (b) Require proof that the applicant has a valid and

3-2  appropriate license issued pursuant to NRS 483.340 which

3-3  authorizes the applicant to drive in this state the vehicle that he

3-4  will be driving for the fully regulated carrier of passengers.

3-5  3.  A member or the Deputy of the Authority may refuse to

3-6  issue a driver’s permit to an applicant if the applicant has been

3-7  convicted of:

3-8  (a) A felony, other than a sexual offense, in this state or any

3-9  other jurisdiction within the 5 years immediately preceding the

3-10  date on which he filed his application;

3-11      (b) A felony involving any sexual offense in this state or any

3-12  other jurisdiction at any time before the date on which he filed his

3-13  application; or

3-14      (c) A violation of NRS 484.379 or 484.3795, or a law in

3-15  another jurisdiction that prohibits the same or similar conduct,

3-16  within the 3 years immediately preceding the date on which he

3-17  filed his application.

3-18      4.  A member or the Deputy of the Authority may refuse to

3-19  issue a driver’s permit to an applicant who has been convicted of

3-20  an offense involving moral turpitude.

3-21      5.  A driver’s permit issued pursuant to this section is valid for

3-22  1 year and may be renewed.

3-23      6.  A person must pay to the Authority:

3-24      (a) A fee of $50 for the issuance of an original driver’s permit.

3-25      (b) A fee of $50 for the renewal of a driver’s permit.

3-26      Sec. 7.  1.  In addition to any other requirements, a person

3-27  who applies for the issuance or renewal of a driver’s permit shall

3-28  submit to the Authority:

3-29      (a) In any application for issuance of a driver’s permit, the

3-30  social security number of the applicant and the statement

3-31  prescribed by the Welfare Division of the Department of Human

3-32  Resources pursuant to NRS 425.520. The statement must be

3-33  completed and signed by the applicant.

3-34      (b) In any application for renewal of a driver’s permit, the

3-35  statement prescribed by the Welfare Division of the Department of

3-36  Human Resources pursuant to NRS 425.520. The statement must

3-37  be completed and signed by the applicant.

3-38      2.  The Authority shall include the statement required

3-39  pursuant to subsection 1 in:

3-40      (a) The application or any other forms that must be submitted

3-41  for the issuance or renewal of the driver’s permit; or

3-42      (b) A separate form prescribed by the Authority.

3-43      3.  The Authority shall not issue or renew a driver’s permit if

3-44  the applicant:

4-1  (a) Fails to submit the statement required pursuant to

4-2  subsection 1; or

4-3  (b) Indicates on the statement submitted pursuant to

4-4  subsection 1 that he is subject to a court order for the support of a

4-5  child and is not in compliance with the order or a plan approved

4-6  by the district attorney or other public agency enforcing the order

4-7  for the repayment of the amount owed pursuant to the order.

4-8  4.  If an applicant indicates on the statement submitted

4-9  pursuant to subsection 1 that he is subject to a court order for the

4-10  support of a child and is not in compliance with the order or a

4-11  plan approved by the district attorney or other public agency

4-12  enforcing the order for the repayment of the amount owed

4-13  pursuant to the order, the Authority shall advise the applicant to

4-14  contact the district attorney or other public agency enforcing the

4-15  order to determine the actions that the applicant may take to

4-16  satisfy the arrearage.

4-17      Sec. 8.  1.  If the Authority receives a copy of a court order

4-18  issued pursuant to NRS 425.540 that provides for the suspension

4-19  of all professional, occupational and recreational licenses,

4-20  certificates and permits issued to a person who is the holder of a

4-21  driver’s permit, the Authority shall deem the driver’s permit issued

4-22  to that person to be suspended at the end of the 30th day after the

4-23  date on which the court order was issued unless the Authority

4-24  receives a letter issued to the holder of the driver’s permit by the

4-25  district attorney or other public agency pursuant to NRS 425.550

4-26  stating that the holder of the driver’s permit has complied with the

4-27  subpoena or warrant or has satisfied the arrearage pursuant to

4-28  NRS 425.560.

4-29      2.  The Authority shall reinstate a driver’s permit that has

4-30  been suspended by a district court pursuant to NRS 425.540 if the

4-31  Authority receives a letter issued by the district attorney or other

4-32  public agency pursuant to NRS 425.550 to the person whose

4-33  driver’s permit was suspended stating that the person whose

4-34  driver’s permit was suspended has complied with the subpoena or

4-35  warrant or has satisfied the arrearage pursuant to NRS 425.560.

4-36      Sec. 9.  1.  A fully regulated carrier of passengers shall not

4-37  accept an application for employment from or enter into a lease

4-38  with a person who wishes to be a driver of the fully regulated

4-39  carrier of passengers unless the person submits to the carrier a

4-40  physician’s certificate which complies with the provisions of this

4-41  section and which is issued by a physician who is licensed to

4-42  practice medicine in this state.

4-43      2.  A physician shall issue a physician’s certificate and two

4-44  copies thereof to a person who wishes to be a driver of a fully

4-45  regulated carrier of passengers if the physician finds that the

5-1  person meets the applicable health requirements established by the

5-2  Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et

5-3  seq.

5-4  3.  A physician’s certificate that is issued pursuant to this

5-5  section must:

5-6  (a) State that the physician has examined the person and has

5-7  found that the person meets the applicable health requirements

5-8  established by the Federal Motor Carrier Safety Regulations, 49

5-9  C.F.R. §§ 391.41 et seq.; and

5-10      (b) Be signed and dated by the physician issuing the

5-11  certificate.

5-12      4.  A physician’s certificate that is issued pursuant to this

5-13  section expires 2 years after the date on which it was issued and

5-14  may be renewed.

5-15      Sec. 10.  1.  A fully regulated carrier of passengers shall not

5-16  employ, enter into a lease with, or require or allow a person to be a

5-17  driver of the fully regulated carrier of passengers and a person

5-18  shall not operate as a driver of a fully regulated carrier of

5-19  passengers unless:

5-20      (a) The person has obtained and has on his person:

5-21          (1) A driver’s license issued to the person by this state

5-22  pursuant to NRS 483.010 to 483.630, inclusive;

5-23          (2) A driver’s permit issued to the person by a member or

5-24  the Deputy of the Authority pursuant to section 6 of this act; and

5-25          (3) A copy of the physician’s certificate issued to the person

5-26  by a physician pursuant to section 9 of this act; and

5-27      (b) If the person intends to operate as a driver of a taxicab

5-28  motor carrier, the person has met any additional qualifications

5-29  that have been established by ordinance pursuant to NRS 268.097.

5-30      2.  At the time that a fully regulated carrier of passengers

5-31  employs or enters into a lease with a person to be a driver of the

5-32  fully regulated carrier of passengers, the carrier shall:

5-33      (a) Provide the person with a complete copy of NRS 706.011 to

5-34  706.791, inclusive, and sections 2 to 11, inclusive, of this act, and

5-35  any regulations adopted pursuant thereto; and

5-36      (b) Require the person to sign a statement acknowledging that

5-37  he has received a complete copy of NRS 706.011 to 706.791,

5-38  inclusive, and sections 2 to 11, inclusive, of this act, and any

5-39  regulations adopted pursuant thereto, and has read and

5-40  familiarized himself with the provisions included therein.

5-41      Sec. 11.  The Authority shall adopt regulations governing the

5-42  conduct of the drivers of a fully regulated carrier of passengers to

5-43  ensure the safety and comfort of the general public.

6-1  Sec. 12.  1.  In addition to any other requirements, a person

6-2  who applies for the issuance or renewal of a driver’s permit shall

6-3  submit to the Administrator:

6-4  (a) In any application for issuance of a driver’s permit, the

6-5  social security number of the applicant and the statement

6-6  prescribed by the Welfare Division of the Department of Human

6-7  Resources pursuant to NRS 425.520. The statement must be

6-8  completed and signed by the applicant.

6-9  (b) In any application for renewal of a driver’s permit, the

6-10  statement prescribed by the Welfare Division of the Department of

6-11  Human Resources pursuant to NRS 425.520. The statement must

6-12  be completed and signed by the applicant.

6-13      2.  The Administrator shall include the statement required

6-14  pursuant to subsection 1 in:

6-15      (a) The application or any other forms that must be submitted

6-16  for the issuance or renewal of the driver’s permit; or

6-17      (b) A separate form prescribed by the Administrator.

6-18      3.  The Administrator shall not issue or renew a driver’s

6-19  permit if the applicant:

6-20      (a) Fails to submit the statement required pursuant to

6-21  subsection 1; or

6-22      (b) Indicates on the statement submitted pursuant to

6-23  subsection 1 that he is subject to a court order for the support of a

6-24  child and is not in compliance with the order or a plan approved

6-25  by the district attorney or other public agency enforcing the order

6-26  for the repayment of the amount owed pursuant to the order.

6-27      4.  If an applicant indicates on the statement submitted

6-28  pursuant to subsection 1 that he is subject to a court order for the

6-29  support of a child and is not in compliance with the order or a

6-30  plan approved by the district attorney or other public agency

6-31  enforcing the order for the repayment of the amount owed

6-32  pursuant to the order, the Administrator shall advise the applicant

6-33  to contact the district attorney or other public agency enforcing

6-34  the order to determine the actions that the applicant may take to

6-35  satisfy the arrearage.

6-36      Sec. 13.  1.  If the Administrator receives a copy of a court

6-37  order issued pursuant to NRS 425.540 that provides for the

6-38  suspension of all professional, occupational and recreational

6-39  licenses, certificates and permits issued to a person who is the

6-40  holder of a driver’s permit, the Administrator shall deem the

6-41  driver’s permit issued to that person to be suspended at the end of

6-42  the 30th day after the date on which the court order was issued

6-43  unless the Administrator receives a letter issued to the holder of

6-44  the driver’s permit by the district attorney or other public agency

6-45  pursuant to NRS 425.550 stating that the holder of the driver’s

7-1  permit has complied with the subpoena or warrant or has satisfied

7-2  the arrearage pursuant to NRS 425.560.

7-3  2.  The Administrator shall reinstate a driver’s permit that has

7-4  been suspended by a district court pursuant to NRS 425.540 if the

7-5  Administrator receives a letter issued by the district attorney or

7-6  other public agency pursuant to NRS 425.550 to the person whose

7-7  driver’s permit was suspended stating that the person whose

7-8  driver’s permit was suspended has complied with the subpoena or

7-9  warrant or has satisfied the arrearage pursuant to NRS 425.560.

7-10      Sec. 14.  NRS 706.011 is hereby amended to read as follows:

7-11      706.011  As used in NRS 706.011 to 706.791, inclusive, and

7-12  sections 2 to 11, inclusive, of this act, unless the context otherwise

7-13  requires, the words and terms defined in NRS 706.013 to 706.146,

7-14  inclusive, and sections 2, 3 and 4 of this act have the meanings

7-15  ascribed to them in those sections.

7-16      Sec. 15.  NRS 706.168 is hereby amended to read as follows:

7-17      706.168  1.  The authority of the Transportation Services

7-18  Authority to supervise and regulate [motor] carriers , drivers and

7-19  brokers respectively, to the extent provided in this chapter, must be

7-20  exercised separately. A [motor] carrier is responsible only for his

7-21  own acts and [those of his employees or agents who are not

7-22  brokers.] for any acts that the carrier knowingly required or

7-23  allowed a driver, employee, agent or broker to perform. A broker is

7-24  responsible only for his own acts and [those of his employees or

7-25  agents who are not motor carriers.]for any acts that the broker

7-26  knowingly required or allowed an employee or agent to perform.

7-27      2.  The provisions of this section do not relieve a carrier from

7-28  any obligation under its certificate of public convenience and

7-29  necessity or from its duty to comply with this chapter and the

7-30  regulations adopted pursuant thereto.

7-31      Sec. 16.  NRS 706.197 is hereby amended to read as follows:

7-32      706.197  1.  [The] Except as otherwise provided in this

7-33  section, the Authority may charge and collect fees for any

7-34  application or for the filing of any official document required by

7-35  this chapter or by a regulation of the Authority.

7-36      2.  [Filing] Application fees and filing fees may not exceed:

7-37      (a) For [applications, $200.

7-38      (b) For petitions] an application to modify a tariff, $100.

7-39      (b) For any other application, $400.

7-40      (c) For the filing of a petition seeking affirmative relief, $200.

7-41      [(c) For each tariff page that requires public notice and is not

7-42  attached to an application, $10. If more than one page is filed at one

7-43  time, the total fee may not exceed the cost of notice and publication.

7-44      (d) For all other documents that require]

8-1  (d) For the filing of any other document that requires public

8-2  notice, [$10.] $75.

8-3  3.  If an application or other document is rejected by the

8-4  Authority because it is inadequate or inappropriate, the application

8-5  fee or filing fee must be returned.

8-6  4.  The Authority may not charge or collect any fee for the

8-7  filing of a complaint.

8-8  Sec. 17.  NRS 706.2885 is hereby amended to read as follows:

8-9  706.2885  1.  A certificate of public convenience and

8-10  necessity, permit or license issued in accordance with this chapter is

8-11  not a franchise and may be revoked.

8-12      2.  [The Authority may at any time, for good cause shown,]

8-13  Except as otherwise provided in this section and NRS 706.398,

8-14  after investigation and hearing and upon 5 days’ written notice to

8-15  the [grantee, suspend any] holder of a certificate, permit or license

8-16  issued pursuant to NRS 706.011 to 706.791, inclusive, and

8-17  sections 2 to 11, inclusive, of this act, the Authority may:

8-18      (a) Suspend, for good cause shown, the holder’s certificate,

8-19  permit or license [issued in accordance with the provisions of NRS

8-20  706.011 to 706.791, inclusive,] for a period not to exceed 60 days.

8-21      [3.  Upon receipt of a written complaint or on its own motion,

8-22  the Authority may, after investigation and hearing, revoke any]

8-23      (b) Revoke the holder’s certificate, permit or license[. If

8-24  service] if the holder has:

8-25          (1) Violated any provision of NRS 706.011 to 706.791,

8-26  inclusive, and sections 2 to 11, inclusive, of this act or any

8-27  regulation adopted pursuant thereto; or

8-28          (2) Knowingly required or allowed any driver, employee,

8-29  agent or broker of the holder to violate any provision of NRS

8-30  706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of

8-31  this act or any regulation adopted pursuant thereto.

8-32      3.  The Authority may, without a hearing, suspend or revoke

8-33  the holder’s certificate, permit or license and impose any other

8-34  penalties authorized by NRS 706.011 to 706.791, inclusive, and

8-35  sections 2 to 11, inclusive, of this act if:

8-36      (a) Service of the notice required by subsection 2 cannot be

8-37  made [or if the grantee] ;

8-38      (b) The holder waives the right to a hearing; or

8-39      (c) The holder relinquishes his interest in the certificate, permit

8-40  or license by so notifying the Authority in writing . [, the Authority

8-41  may revoke the certificate, permit or license without a hearing.

8-42      4.  The proceedings thereafter are governed by]

8-43      4.  If the holder of a certificate, permit or license fails to

8-44  appear at the time and place set forth in the notice for any

8-45  hearing, the Authority shall enter a finding of default. Upon the

9-1  entering of a finding of default, the Authority may suspend or

9-2  revoke the holder’s certificate, permit or license and impose any

9-3  other penalties authorized by NRS 706.011 to 706.791, inclusive,

9-4  and sections 2 to 11, inclusive, of this act. For good cause shown,

9-5  the Authority may set aside a finding of default entered pursuant

9-6  to this subsection and proceed with a hearing on the matter.

9-7  5.  If the Authority suspends or revokes a certificate, permit or

9-8  license or imposes any other penalties authorized by NRS 706.011

9-9  to 706.791, inclusive, and sections 2 to 11, inclusive, of this act,

9-10  the person aggrieved by the decision of the Authority may seek

9-11  judicial review pursuant to the provisions of chapter 233B of NRS.

9-12      Sec. 18.  NRS 706.361 is hereby amended to read as follows:

9-13      706.361  1.  A person with a disability is entitled to the full

9-14  and equal enjoyment of the facilities of any common motor carrier

9-15  of passengers, contract motor carrier of passengers or other entity

9-16  providing a means of public conveyance and transportation

9-17  operating within this state.

9-18      2.  A common motor carrier of passengers, a contract motor

9-19  carrier of passengers and any other [entities] entity providing a

9-20  means of public conveyance and transportation operating within

9-21  this state shall designate a person responsible for ensuring that the

9-22  carrier or entity complies with the applicable provisions of the

9-23  Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to

9-24  12213, inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations

9-25  adopted pursuant to that act.

9-26      3.  The person designated pursuant to subsection 2 shall

9-27  conduct training sessions for the employees of the carrier or entity

9-28  [.] and for the independent contractors who are  drivers of the

9-29  carrier or entity. Each such employee and independent contractor

9-30  must be provided at least 3 hours of training during one or more

9-31  training sessions. The training must be completed not later than 3

9-32  months after the employee begins his employment with the carrier

9-33  or entity or the independent contractor begins driving for the

9-34  carrier or entity. During the training sessions, the designee shall:

9-35      (a) Describe the [carrier’s] plan of the carrier or entity for

9-36  compliance with the Americans with Disabilities Act of 1990 and

9-37  the regulations adopted pursuant to that act;

9-38      (b) Explain the obligations of the employees and independent

9-39  contractors to assist a person with a disability to store a mobility

9-40  device;

9-41      (c) Explain the illegality of charging an additional fee or a

9-42  higher fare to a person with a disability; and

9-43      (d) Ensure that each employee and independent contractor is

9-44  trained in accordance with the requirements of 49 C.F.R. § 37.173.

10-1      4.  It is unlawful for any person to deny any of the privileges

10-2  granted by subsection 1.

10-3      5.  It is unlawful for any common motor carrier[,] of

10-4  passengers, contract motor carrier of passengers or other entity

10-5  providing a means of public conveyance or transportation operating

10-6  within this state, to:

10-7      (a) Deny the equal enjoyment of its services and facilities to a

10-8  person with a disability by the arbitrary, capricious or unreasonable

10-9  interference, direct or indirect, with the use of aids and appliances

10-10  used by a person with a disability;

10-11     (b) Fail to designate a person pursuant to subsection 2; or

10-12     (c) Fail to conduct the training sessions in the manner described

10-13  in subsection 3.

10-14     6.  It is unlawful for a driver of any common motor carrier of

10-15  passengers, contract motor carrier of passengers or other entity

10-16  providing a means of public conveyance or transportation

10-17  operating within this state, to:

10-18     (a) Deny the equal enjoyment of the services and facilities of

10-19  the driver, carrier or entity to a person with a disability by the

10-20  arbitrary, capricious or unreasonable interference, direct or

10-21  indirect, with the use of aids and appliances used by a person with

10-22  a disability; or

10-23     (b) Fail to complete the training sessions in the manner

10-24  described in subsection 3.

10-25     7.  As used in this section, “disability” has the meaning ascribed

10-26  to it in 49 C.F.R. § 37.3.

10-27     Sec. 19.  NRS 706.366 is hereby amended to read as follows:

10-28     706.366  1.  It is unlawful for [a] any common motor carrier of

10-29  passengers , contract motor carrier of passengers or other entity

10-30  providing a means of public conveyance or transportation operating

10-31  [in] within this state , or for a driver of such a carrier or entity, to:

10-32     (a) Refuse service to a visually, aurally or physically

10-33  handicapped person because he is accompanied by a guide dog,

10-34  hearing dog, helping dog or other service animal;

10-35     (b) Refuse service to a person who is training a guide dog,

10-36  hearing dog, helping dog or other service animal because he is

10-37  accompanied by such an animal; or

10-38     (c) Charge an additional fee for such an animal.

10-39     2.  This section does not relieve a visually, aurally or physically

10-40  handicapped person or a person who trains a guide dog, hearing dog,

10-41  helping dog or other service animal from liability for damage which

10-42  may be caused by his animal.

10-43     3.  Visually, aurally or physically handicapped persons

10-44  accompanied by guide dogs, hearing dogs, helping dogs or other

11-1  service animals are subject to the same conditions and limitations

11-2  that apply to persons who are not so handicapped and accompanied.

11-3      4.  [For the purposes of] As used in this section, the terms

11-4  “guide dog,” “hearing dog,” “helping dog” and “service animal”

11-5  have the meanings ascribed to them respectively in NRS 426.075,

11-6  426.081, 426.083 and 426.097.

11-7      Sec. 20.  NRS 706.386 is hereby amended to read as follows:

11-8      706.386  [It is unlawful, except] Except as otherwise provided

11-9  in NRS 373.117, 706.446, 706.453 and 706.745, it is unlawful for

11-10  any person to operate as a fully regulated common motor carrier [to

11-11  operate as a carrier of] within this state in intrastate commerce [and]

11-12  or for any operator of a tow car to perform towing services within

11-13  this state without first obtaining a certificate of public convenience

11-14  and necessity from the Authority.

11-15     Sec. 21.  NRS 706.391 is hereby amended to read as follows:

11-16     706.391  1.  Upon the filing of an application for a certificate

11-17  of public convenience and necessity to operate as a common motor

11-18  carrier , other than an operator of a tow car, or an application for

11-19  modification of such a certificate, the Authority shall fix a time and

11-20  place for a hearing [thereon.] on the application.

11-21     2.  The Authority shall [issue such a] grant the certificate or

11-22  modification if it finds that:

11-23     (a) The applicant is fit, willing and able to perform the services

11-24  of a common motor carrier[;] and has paid all fees and costs

11-25  related to the application;

11-26     (b) The proposed operation or the proposed modification will

11-27  be consistent with the legislative policies set forth in NRS 706.151;

11-28     (c) The granting of the certificate or modification will not

11-29  unreasonably and adversely affect other carriers operating in the

11-30  territory for which the certificate or modification is sought; and

11-31     (d) The proposed [service] operation or the proposed

11-32  modification will benefit the traveling and shipping public and the

11-33  motor carrier business in this state.

11-34     3.  The Authority shall not find that the potential creation of

11-35  competition in a territory which may be caused by the granting of [a

11-36  certificate,] the certificate or modification, by itself, will

11-37  unreasonably and adversely affect other carriers operating in the

11-38  territory for the purposes of paragraph (c) of subsection 2.

11-39     4.  [An] The applicant for [such a certificate has] the certificate

11-40  or modification:

11-41     (a) Has the burden of proving to the Authority that the proposed

11-42  operation or the proposed modification will meet the requirements

11-43  of subsection 2[.] ; and

11-44     (b) Must pay the amounts billed to the applicant by the

11-45  Authority for the costs incurred by the Authority in conducting

12-1  any investigation or hearing regarding the applicant and the

12-2  application.

12-3      5.  The Authority may issue or modify a certificate of public

12-4  convenience and necessity to operate as a common motor carrier, or

12-5  issue or modify it for:

12-6      (a) The exercise of the privilege sought.

12-7      (b) The partial exercise of the privilege sought.

12-8      6.  The Authority may attach to the certificate such terms and

12-9  conditions as, in its judgment, the public interest may require.

12-10     7.  The Authority may dispense with the hearing on the

12-11  application if, upon the expiration of the time fixed in the notice

12-12  thereof, no petition to intervene has been filed on behalf of any

12-13  person who has filed a protest against the granting of the certificate

12-14  [.] or modification.

12-15     Sec. 22.  NRS 706.398 is hereby amended to read as follows:

12-16     706.398  [The] In accordance with the procedural

12-17  requirements set forth in NRS 706.2885, the Authority:

12-18     1.  Shall revoke or suspend[, pursuant to the provisions of this

12-19  chapter,] the certificate of public convenience and necessity of a

12-20  common motor carrier which has failed to:

12-21     (a) File the annual report required by NRS 706.167 within 60

12-22  days after the report is due; or

12-23     (b) Operate as a carrier of intrastate commerce in this state under

12-24  the terms and conditions of its certificate,

12-25  unless the carrier has obtained the prior permission of the Authority.

12-26     2.  May revoke or suspend[, pursuant to the provisions of NRS

12-27  706.2885,] the certificate of public convenience and necessity of a

12-28  common motor carrier which has [failed to comply with] :

12-29     (a) Violated any provision of [this chapter] NRS 706.011 to

12-30  706.791, inclusive, and sections 2 to 11, inclusive, of this act or

12-31  any regulation [of the Authority] adopted pursuant thereto[.] ; or

12-32     (b) Knowingly required or allowed any driver, employee, agent

12-33  or broker of the carrier to violate any provision of NRS 706.011 to

12-34  706.791, inclusive, and sections 2 to 11, inclusive, of this act or

12-35  any regulation adopted pursuant thereto.

12-36     Sec. 23.  NRS 706.411 is hereby amended to read as follows:

12-37     706.411  Every order [refusing or] of the Authority granting or

12-38  refusing to grant any [certificates] certificate of public convenience

12-39  and necessity[,] or granting or refusing [permission to discontinue,

12-40  modify or restrict service] to grant any modification of a certificate

12-41  of public convenience and necessity is prima facie lawful from the

12-42  date of the order until changed or modified by the order of the

12-43  Authority pursuant to the provisions of this chapter.

 

 

13-1      Sec. 24.  NRS 706.421 is hereby amended to read as follows:

13-2      706.421  It is unlawful for any person to operate as a contract

13-3  motor carrier [to act as such] within this state in intrastate commerce

13-4  without first [having obtained] obtaining a permit [therefor.] for the

13-5  operation.

13-6      Sec. 25.  NRS 706.436 is hereby amended to read as follows:

13-7      706.436  Any person who has been denied a permit to [act]

13-8  operate as a contract motor carrier after hearing may not file a

13-9  similar application with the Authority covering the same type of

13-10  service and over the same route or routes or in the same territory for

13-11  which the permit was denied except after the expiration of 180 days

13-12  after the date the permit was denied.

13-13     Sec. 26.  NRS 706.4463 is hereby amended to read as follows:

13-14     706.4463  1.  In addition to the other requirements of this

13-15  chapter, each operator of a tow car shall, to protect the health, safety

13-16  and welfare of the public:

13-17     (a) Obtain a certificate of public convenience and necessity from

13-18  the Authority before he provides any services other than those

13-19  services which he provides as a private motor carrier of property

13-20  pursuant to the provisions of this chapter;

13-21     (b) Use a tow car of sufficient size and weight which is

13-22  appropriately equipped to transport safely the vehicle which is being

13-23  towed; and

13-24     (c) Comply with the provisions of NRS 706.011 to 706.791,

13-25  inclusive[.] , and sections 2 to 11, inclusive, of this act.

13-26     2.  A person who wishes to obtain a certificate of public

13-27  convenience and necessity to operate a tow car or to modify such a

13-28  certificate must file an application with the Authority.

13-29     3.  The Authority shall [issue a certificate of public convenience

13-30  and necessity to an operator of a tow car] grant the certificate or

13-31  modification if it determines that the applicant:

13-32     (a) Complies with the requirements of paragraphs (b) and (c) of

13-33  subsection 1;

13-34     (b) Complies with the requirements of the regulations adopted

13-35  by the Authority pursuant to the provisions of this chapter;

13-36     (c) Has provided evidence that he has filed with the Authority a

13-37  liability insurance policy, a certificate of insurance or a bond of a

13-38  surety and bonding company or other surety required for every

13-39  operator of a tow car pursuant to the provisions of NRS 706.291;

13-40  [and]

13-41     (d) Has provided evidence that he has filed with the Authority

13-42  schedules and tariffs pursuant to subsection 2 of NRS 706.321[.

13-43     4.  An] ; and

13-44     (e) Has paid all fees and costs related to the application.

14-1      4.  The applicant for [a certificate has] the certificate or

14-2  modification:

14-3      (a) Has the burden of proving to the Authority that the proposed

14-4  operation or the proposed modification will meet the requirements

14-5  of subsection 3[.] ; and

14-6      (b) Must pay the amounts billed to the applicant by the

14-7  Authority for the costs incurred by the Authority in conducting

14-8  any investigation or hearing regarding the applicant and the

14-9  application.

14-10     5.  The Authority may hold a hearing to determine whether [an]

14-11  the applicant is entitled to [a] the certificate or modification only if:

14-12     (a) Upon the expiration of the time fixed in the notice [that an

14-13  application for a certificate of public convenience and necessity is

14-14  pending,] of the application, a petition to intervene has been granted

14-15  by the Authority; or

14-16     (b) The Authority finds that after reviewing the information

14-17  provided by the applicant and inspecting the operations of the

14-18  applicant, it cannot make a determination as to whether the applicant

14-19  has complied with the requirements of subsection 3.

14-20     Sec. 27.  NRS 706.451 is hereby amended to read as follows:

14-21     706.451 1.  Each owner or operator of a tow car subject to the

14-22  jurisdiction of the Authority shall, before commencing to operate or

14-23  continuing operation after July 1, 1971, and annually thereafter, pay

14-24  to the Authority , for each tow car operated, a fee of not more than

14-25  [$36.] $75.

14-26     2.  The fee provided in this section must be paid on or before

14-27  January 1 of each year.

14-28     3.  The initial fee must be reduced one-twelfth for each month

14-29  which has elapsed since the beginning of the calendar year before

14-30  July 1, 1971, for those tow cars lawfully operating on that date or

14-31  before the commencement of operation of each tow car commencing

14-32  operation after July 1, 1971.

14-33     4.  Any person who fails to pay any fee on or before the date

14-34  provided in this section shall pay a penalty of 10 percent of the

14-35  amount of the fee plus interest on the amount of the fee at the rate of

14-36  1 percent per month or fraction of a month from the date the fee is

14-37  due until the date of payment.

14-38     Sec. 28.  NRS 706.476 is hereby amended to read as follows:

14-39     706.476  Except as otherwise provided in NRS 706.478:

14-40     1.  A vehicle used [as a taxicab, limousine or other passenger

14-41  vehicle in passenger service] by any person or entity in this state to

14-42  provide any kind of transportation of passengers or property that

14-43  is subject to the jurisdiction of the Authority must be impounded

14-44  by the Authority if a valid and appropriate certificate [of public

14-45  convenience and necessity] , permit or license has not been issued

15-1  authorizing [its operation.] the operation of the vehicle. A hearing

15-2  must be held by the Authority [no] not later than the conclusion of

15-3  the second normal business day after impoundment, weekends and

15-4  holidays excluded. As soon as practicable after impoundment, the

15-5  Authority shall notify the registered owner of the vehicle[:

15-6      (a) That the registered owner of the vehicle must post a bond in

15-7  the amount of $20,000 to ensure his presence at all proceedings held

15-8  pursuant to this section;

15-9      (b) Of the] of:

15-10     (a) The time set for the hearing; and

15-11     [(c) Of his]

15-12     (b) His right to be represented by counsel during all phases of

15-13  the proceedings.

15-14     2.  The Authority shall hold the vehicle until the registered

15-15  owner of the vehicle appears and[:

15-16     (a) Proves that he] proves that:

15-17     (a) He is the registered owner of the vehicle;

15-18     (b) [Proves that he] He holds a valid and appropriate certificate

15-19  [of public convenience and necessity;

15-20     (c) Proves that the] , permit or license authorizing the

15-21  operation of the vehicle; and

15-22     (c) The vehicle meets all required standards of the Authority . [;

15-23  and

15-24     (d) Posts a bond in the amount of $20,000 with the

15-25  Authority.]

15-26  The Authority shall return the vehicle to its registered owner when

15-27  the owner meets the requirements of this subsection and pays all

15-28  costs of impoundment.

15-29     3.  If the registered owner is unable to meet the requirements of

15-30  paragraph (b) or (c) of subsection 2, the Authority may assess an

15-31  administrative fine against the registered owner for each such

15-32  violation in the amount of $5,000. The maximum amount of the

15-33  administrative fine that may be assessed against a registered owner

15-34  for a single impoundment of his vehicle pursuant to this section is

15-35  $10,000. The Authority shall return the vehicle after any

15-36  administrative fine imposed pursuant to this subsection and all costs

15-37  of impoundment have been paid.

15-38     Sec. 29.  NRS 706.6411 is hereby amended to read as follows:

15-39     706.6411  1.  All motor carriers, other than operators of tow

15-40  cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, and

15-41  sections 2 to 11, inclusive, of this act to whom the certificates,

15-42  permits and licenses provided by NRS 706.011 to 706.791,

15-43  inclusive, and sections 2 to 11, inclusive, of this act have been

15-44  issued may transfer them to another carrier, other than an operator

15-45  of a tow car, qualified pursuant to NRS 706.011 to 706.791,

16-1  inclusive, and sections 2 to 11, inclusive, of this act but no such

16-2  transfer is valid for any purpose until a joint application to make the

16-3  transfer has been made to the Authority by the transferor and

16-4  the transferee, and the Authority has authorized the substitution of

16-5  the transferee for the transferor. No transfer of stock of a corporate

16-6  motor carrier subject to the jurisdiction of the Authority is valid

16-7  without the prior approval of the Authority if the effect of the

16-8  transfer would be to change the corporate control of the carrier or if

16-9  a transfer of 15 percent or more of the common stock of the carrier

16-10  is proposed.

16-11     2.  Except as otherwise provided in subsection 3, the Authority

16-12  shall fix a time and place for a hearing to be held unless the

16-13  application is made to transfer the certificate from a natural person

16-14  or partners to a corporation whose controlling stockholders will be

16-15  substantially the same person or partners, and may hold a hearing to

16-16  consider such an application.

16-17     3.  The Authority may also dispense with the hearing on the

16-18  joint application to transfer if, upon the expiration of the time fixed

16-19  in the notice thereof, no protest against the transfer of the certificate

16-20  or permit has been filed by or in behalf of any interested person.

16-21     4.  In determining whether or not the transfer of a certificate of

16-22  public convenience and necessity or a permit to [act] operate as a

16-23  contract motor carrier should be authorized, the Authority shall

16-24  consider:

16-25     (a) The service which has been performed by the transferor and

16-26  that which may be performed by the transferee.

16-27     (b) Other authorized facilities for transportation in the territory

16-28  for which the transfer is sought.

16-29     (c) Whether or not the transferee is fit, willing and able to

16-30  perform the services of a common or contract motor carrier by

16-31  vehicle and whether or not the proposed operation would be

16-32  consistent with the legislative policy set forth in NRS 706.151.

16-33     5.  Upon a transfer made pursuant to this section, the Authority

16-34  may make such amendments, restrictions or modifications in a

16-35  certificate or permit as the public interest may require.

16-36     6.  No transfer is valid beyond the life of the certificate, permit

16-37  or license transferred.

16-38     Sec. 30.  NRS 706.756 is hereby amended to read as follows:

16-39     706.756  1.  Except as otherwise provided in [subsection 2,]

16-40  this section, any person who:

16-41     (a) Operates a vehicle or causes it to be operated in any carriage

16-42  to which the provisions of NRS 706.011 to 706.861, inclusive, and

16-43  sections 2 to 11, inclusive, of this act apply without first obtaining

16-44  [a] any certificate, permit or license[,] required for the operation,

17-1  or in violation of the terms [thereof;] of any certificate, permit or

17-2  license required for the operation;

17-3      (b) Fails to make any return or report required by the provisions

17-4  of NRS 706.011 to 706.861, inclusive, and sections 2 to 11,

17-5  inclusive, of this act, or by the Authority or the Department

17-6  pursuant to the provisions of NRS 706.011 to 706.861, inclusive[;] ,

17-7  and sections 2 to 11, inclusive, of this act;

17-8      (c) Violates[,] or procures, aids or abets the [violating of,]

17-9  violation of any provision of NRS 706.011 to 706.861, inclusive[;]

17-10  , and sections 2 to 11, inclusive, of this act or any regulation

17-11  adopted pursuant thereto or knowingly requires or allows any

17-12  driver, employee, agent or broker to violate or procure, aid or abet

17-13  the violation of any provision of NRS 706.011 to 706.861,

17-14  inclusive, and sections 2 to 11, inclusive, of this act or any

17-15  regulation adopted pursuant thereto;

17-16     (d) Fails to obey any order, decision or regulation of the

17-17  Authority or the Department;

17-18     (e) Procures, aids or abets any person in his failure to obey such

17-19  an order, decision or regulation of the Authority or the Department;

17-20     (f) Advertises, solicits, proffers bids or otherwise holds himself

17-21  out to perform transportation as a common or contract motor carrier

17-22  in violation of any of the provisions of NRS 706.011 to 706.861,

17-23  inclusive[;] , and sections 2 to 11, inclusive, of this act;

17-24     (g) Advertises as providing:

17-25         (1) The services of a fully regulated carrier; or

17-26         (2) Towing services,

17-27  without including the number of his certificate of public

17-28  convenience and necessity or contract carrier’s permit in each

17-29  advertisement;

17-30     (h) Knowingly offers, gives, solicits or accepts any rebate,

17-31  concession or discrimination in violation of the provisions of this

17-32  chapter;

17-33     (i) Knowingly, willfully and fraudulently seeks to evade or

17-34  defeat the purposes of this chapter;

17-35     (j) Operates or causes to be operated a vehicle which does not

17-36  have the proper identifying device;

17-37     (k) Displays or causes or permits to be displayed a certificate,

17-38  permit, license or identifying device, knowing it to be fictitious or to

17-39  have been canceled, revoked, suspended or altered;

17-40     (l) Lends or knowingly permits the use of by one not entitled

17-41  thereto any certificate, permit, license or identifying device issued to

17-42  the person so lending or permitting the use thereof; [or]

17-43     (m) Refuses or fails to surrender to the Authority or the

17-44  Department any certificate, permit, license or identifying device

18-1  which has been suspended, canceled or revoked pursuant to the

18-2  provisions of this chapter[,] ; or

18-3      (n) Knowingly makes or causes to be made, directly or

18-4  indirectly, a false statement on any application, account or other

18-5  statement required by or filed with the Authority,

18-6  is guilty of a misdemeanor[, and upon conviction thereof] and shall

18-7  be punished by a fine of not less than $100 nor more than $1,000 . [,

18-8  or] In addition to the fine, the person may be punished by

18-9  imprisonment in the county jail for not more than 6 months . [, or by

18-10  both fine and imprisonment.

18-11     2.  A person convicted of a misdemeanor for a]

18-12     2.  Except as otherwise provided in subsection 3, any person

18-13  who, in violation of the provisions of NRS 706.386 , operates as a

18-14  fully regulated common motor carrier or as an operator of a tow

18-15  car without first obtaining a certificate of public convenience and

18-16  necessity or any person who, in violation of the provisions of NRS

18-17  706.421 , operates as a contract motor carrier without first

18-18  obtaining a permit is guilty of a misdemeanor and shall be

18-19  punished:

18-20     (a) For [the] a first offense[,] within a period of 12 consecutive

18-21  months, by a fine of not less than $500 nor more than $1,000 . [;] In

18-22  addition to the fine, the person may be punished by imprisonment

18-23  in the county jail for not more than 6 months.

18-24     (b) For a second offense within a period of 12 consecutive

18-25  months and for each subsequent offense[,] that is committed within

18-26  a period of 12 consecutive months of any prior offense under this

18-27  subsection, by a fine of $1,000 . [; or

18-28     (c) For any offense,] In addition to the fine, the person may be

18-29  punished by imprisonment in the county jail for not more than 6

18-30  months . [, or by both the prescribed fine and imprisonment.]

18-31     3.  Any person who , in violation of the provisions of NRS

18-32  706.386 , operates or permits the operation of a vehicle in passenger

18-33  service without first obtaining a certificate of public convenience

18-34  and necessity [issued pursuant to NRS 706.391] is guilty of a gross

18-35  misdemeanor.

18-36     4.  If a law enforcement officer witnesses a violation of [this

18-37  subsection, he] any provision of subsection 2 or 3, the law

18-38  enforcement officer may cause the vehicle to be towed immediately

18-39  from the scene[.

18-40     4.] and impounded in accordance with NRS 706.476.

18-41     5. The fines provided in this section are mandatory and must

18-42  not be reduced under any circumstances by the court.

18-43     [5.] 6. Any bail allowed must not be less than the appropriate

18-44  fine provided for by this section.

19-1      7.  The conviction of a person pursuant to this chapter does

19-2  not prohibit the Authority or another agency or officer from

19-3  seeking a civil remedy or penalty, imposing an administrative fine,

19-4  or suspending or revoking any certificate, permit or license of the

19-5  person convicted. The imposition of a civil remedy or penalty or an

19-6  administrative fine or the suspension or revocation of a certificate,

19-7  permit or license by the Authority or another agency or officer

19-8  does not operate as a defense in any criminal proceeding brought

19-9  pursuant to this chapter.

19-10     Sec. 31.    NRS 706.881 is hereby amended to read as

19-11  follows:

19-12     706.881  1.  The provisions of NRS [706.8811] 706.881 to

19-13  706.885, inclusive, and sections 12 and 13 of this act apply to any

19-14  county:

19-15     (a) Whose population is 400,000 or more; or

19-16     (b) For whom regulation by the Taxicab Authority is not

19-17  required, if the board of county commissioners of the county has

19-18  enacted an ordinance approving the inclusion of the county within

19-19  the jurisdiction of the Taxicab Authority.

19-20     2.  Upon receipt of a certified copy of such an ordinance from a

19-21  county for whom regulation by the Taxicab Authority is not

19-22  required, the Taxicab Authority shall exercise its regulatory

19-23  authority pursuant to NRS [706.8811] 706.881 to 706.885,

19-24  inclusive, and sections 12 and 13 of this act within that county.

19-25     3.  Within any such county, the provisions of this chapter which

19-26  confer regulatory authority over taxicab motor carriers upon the

19-27  Transportation Services Authority do not apply.

19-28     Sec. 32.  NRS 706.8811 is hereby amended to read as follows:

19-29     706.8811  As used in NRS 706.881 to 706.885, inclusive, and

19-30  sections 12 and 13 of this act, unless the context otherwise requires,

19-31  the words and terms defined in NRS 706.8812 to 706.8817,

19-32  inclusive, have the meanings ascribed to them in those sections.

19-33     Sec. 33.  NRS 706.88395 is hereby amended to read as

19-34  follows:

19-35     706.88395  1.  A vehicle used [as a taxicab, limousine or other

19-36  passenger vehicle in passenger service] by any person or entity in

19-37  this state to provide any kind of transportation of passengers or

19-38  property that is subject to the jurisdiction of the Taxicab Authority

19-39  must be impounded by the Administrator if a certificate of public

19-40  convenience and necessity has not been issued authorizing [its

19-41  operation.] the operation of the vehicle. A hearing must be held by

19-42  the Administrator [no] not later than the conclusion of the second

19-43  normal business day after impoundment, weekends and holidays

19-44  excluded. As soon as practicable after impoundment, the

19-45  Administrator shall notify the registered owner of the vehicle:

20-1      (a) That the registered owner of the vehicle must post a bond in

20-2  the amount of $20,000 to ensure his presence at all proceedings held

20-3  pursuant to this section;

20-4      (b) Of the time set for the hearing; and

20-5      (c) Of his right to be represented by counsel during all phases of

20-6  the proceedings.

20-7      2.  The Administrator shall hold the vehicle until the registered

20-8  owner of the vehicle appears and:

20-9      (a) Proves that he is the registered owner of the vehicle;

20-10     (b) Proves that he holds a valid certificate of public convenience

20-11  and necessity;

20-12     (c) Proves that the vehicle meets all required standards of the

20-13  Authority; and

20-14     (d) Posts a bond in the amount of $20,000 with the

20-15  Administrator.

20-16  The Administrator shall return the vehicle to its registered owner

20-17  when the owner meets the requirements of this subsection and pays

20-18  all costs of impoundment.

20-19     3.  If the registered owner is unable to meet the requirements of

20-20  paragraph (b) or (c) of subsection 2, the Administrator may assess

20-21  an administrative fine against the registered owner for each such

20-22  violation in the amount of $5,000. The maximum amount of the

20-23  administrative fine that may be assessed against a registered owner

20-24  for a single impoundment of his vehicle pursuant to this section is

20-25  $10,000. The Administrator shall return the vehicle after any

20-26  administrative fine imposed pursuant to this subsection and all costs

20-27  of impoundment have been paid.

20-28     Sec. 34.  NRS 706.8841 is hereby amended to read as follows:

20-29     706.8841  1.  The Administrator shall issue a driver’s permit

20-30  to qualified persons who wish to be employed by certificate holders

20-31  as taxicab drivers[.] and who comply with the requirements for the

20-32  issuance of a driver’s permit.

20-33     2.  Before issuing a driver’s permit, the Administrator shall:

20-34     (a) Require the applicant to submit a complete set of his

20-35  fingerprints[, which must be forwarded] and written permission

20-36  authorizing the Administrator to forward the fingerprints to the

20-37  Central Repository for Nevada Records of Criminal History for

20-38  submission to the Federal Bureau of Investigation to ascertain

20-39  whether the applicant has a criminal record and the nature of any

20-40  such record, and shall further investigate the applicant’s

20-41  background; and

20-42     (b) Require proof that the applicant:

20-43         (1) Has been a resident of the State for 30 days before his

20-44  application for a permit;

21-1          (2) Can read and orally communicate in the English

21-2  language; and

21-3          (3) Has a valid license issued under NRS 483.325 which

21-4  authorizes him to drive a taxicab in this state.

21-5      [2.] 3.  The Administrator may refuse to issue a driver’s permit

21-6  if the applicant has been convicted of:

21-7      (a) A felony, other than a felony involving any sexual offense,

21-8  in this state or any other jurisdiction within 5 years before the date

21-9  of the application;

21-10     (b) A felony involving any sexual offense in this state or any

21-11  other jurisdiction at any time before the date of the application; or

21-12     (c) A violation of NRS 484.379 or 484.3795 , or a law of any

21-13  other jurisdiction that prohibits the same or similar conduct , within

21-14  3 years before the date of the application.

21-15     [3.] 4.  The Administrator may refuse to issue a driver’s permit

21-16  if the Administrator, after the background investigation of the

21-17  applicant, determines that the applicant is morally unfit or if the

21-18  issuance of the driver’s permit would be detrimental to public

21-19  health, welfare or safety.

21-20     [4.] 5.  A taxicab driver shall pay to the Administrator, in

21-21  advance, $20 for an original driver’s permit and $5 for a renewal.

21-22     Sec. 35.  NRS 706.885 is hereby amended to read as follows:

21-23     706.885  1.  Any person who knowingly makes or causes to be

21-24  made, either directly or indirectly, a false statement on an

21-25  application, account or other statement required by the Taxicab

21-26  Authority or the Administrator or who violates any of the provisions

21-27  of NRS 706.881 to 706.885, inclusive, and sections 12 and 13 of

21-28  this act is guilty of a misdemeanor.

21-29     2.  The Taxicab Authority or Administrator may at any time, for

21-30  good cause shown and upon at least 5 days’ notice to the grantee of

21-31  any certificate or driver’s permit, and after a hearing unless waived

21-32  by the grantee, penalize the grantee of a certificate to a maximum

21-33  amount of $15,000 or penalize the grantee of a driver’s permit to a

21-34  maximum amount of $500 , or suspend or revoke the certificate or

21-35  driver’s permit granted by it or him, respectively, for:

21-36     (a) Any violation of any provision of NRS 706.881 to 706.885,

21-37  inclusive, and sections 12 and 13 of this act or any regulation of the

21-38  Taxicab Authority or Administrator.

21-39     (b) Knowingly permitting or requiring any employee to violate

21-40  any provision of NRS 706.881 to 706.885, inclusive, and sections

21-41  12 and 13 of this act or any regulation of the Taxicab Authority or

21-42  Administrator.

21-43  If a penalty is imposed on the grantee of a certificate pursuant to this

21-44  section, the Taxicab Authority or Administrator may require the

22-1  grantee to pay the costs of the proceeding, including investigative

22-2  costs and attorney’s fees.

22-3      3.  When a driver or certificate holder fails to appear at the time

22-4  and place stated in the notice for the hearing, the Administrator shall

22-5  enter a finding of default. Upon a finding of default, the

22-6  Administrator may suspend or revoke the license, permit or

22-7  certificate of the person who failed to appear and impose the

22-8  penalties provided in this chapter. For good cause shown, the

22-9  Administrator may set aside a finding of default and proceed with

22-10  the hearing.

22-11     4.  Any person who operates or permits a taxicab to be operated

22-12  in passenger service without a certificate of public convenience and

22-13  necessity issued pursuant to NRS 706.8827[,] is guilty of a gross

22-14  misdemeanor. If a law enforcement officer witnesses a violation of

22-15  this subsection, [he] the law enforcement officer may cause the

22-16  vehicle to be towed immediately from the scene[.] and impounded

22-17  in accordance with NRS 706.88395.

22-18     5.  The conviction of a person pursuant to [subsection 1] this

22-19  chapter does not bar the Taxicab Authority [or] , the Administrator ,

22-20  or another agency or officer from seeking a civil remedy or

22-21  penalty, imposing an administrative fine, or suspending or

22-22  revoking any certificate, permit or license of the person convicted.

22-23  The imposition of a civil remedy or penalty or an administrative

22-24  fine or the suspension or revocation of any certificate, permit or

22-25  license by the Taxicab Authority [or] , the Administrator , or

22-26  another agency or officer does not operate as a defense in any

22-27  criminal proceeding brought [under subsection 1.] pursuant to this

22-28  chapter.

22-29     Sec. 36.  NRS 268.097 is hereby amended to read as follows:

22-30     268.097  1.  Except as otherwise provided in [subsections 2

22-31  and 3,] this section, notwithstanding the provisions of any local,

22-32  special or general law, after July 1, 1963, the governing body of any

22-33  incorporated city in this state, whether incorporated by general or

22-34  special act[,] or otherwise, may not supervise or regulate any

22-35  taxicab motor carrier as defined in NRS 706.126 which is under the

22-36  supervision and regulation of the Transportation Services Authority

22-37  pursuant to law.

22-38     2.  The governing body of any incorporated city in this state,

22-39  whether incorporated by general or special act[,] or otherwise, may

22-40  fix, impose and collect a license tax on and from a taxicab motor

22-41  carrier for revenue purposes only.

22-42     3.  The governing body of any incorporated city in any county

22-43  in which the provisions of NRS [706.8811] 706.881 to 706.885,

22-44  inclusive, and sections 12 and 13 of this act do not apply, whether

22-45  incorporated by general or special act[,] or otherwise, may regulate

23-1  by ordinance the qualifications required of employees or lessees of a

23-2  taxicab motor carrier in a manner consistent with the provisions of

23-3  NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive,

23-4  of this act and the regulations adopted by the Transportation

23-5  Services Authority.

23-6      Sec. 37.  1.  Notwithstanding the provisions of this act, before

23-7  March 1, 2004, if a person is not in compliance with the provisions

23-8  of sections 6 to 11, inclusive, of this act, a fully regulated carrier of

23-9  passengers may employ, enter into a lease with, or require or allow

23-10  the person to be a driver of the fully regulated carrier of passengers

23-11  and the person may operate as a driver of the fully regulated carrier

23-12  of passengers without being in compliance with the provisions of

23-13  sections 6 to 11, inclusive, of this act.

23-14     2.  On and after March 1, 2004, each fully regulated carrier of

23-15  passengers and each person who is or who wishes to be a driver of a

23-16  fully regulated carrier of passengers shall comply with the

23-17  provisions of sections 6 to 11, inclusive, of this act.

23-18     Sec. 38.  1.  Notwithstanding the provisions of this act, before

23-19  March 1, 2004, the provisions of this act do not preempt any

23-20  ordinance enacted pursuant to NRS 268.097 which regulates the

23-21  qualifications of a driver of a taxicab motor carrier.

23-22     2.  On and after March 1, 2004, the provisions of this act do not

23-23  preempt any ordinance enacted pursuant to NRS 268.097 which

23-24  regulates the qualifications of a driver of a taxicab motor carrier if

23-25  the ordinance may be enforced in a manner consistent with the

23-26  provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to

23-27  11, inclusive, of this act and the regulations adopted by the

23-28  Transportation Services Authority.

23-29     Sec. 39.  1.  This act becomes effective upon passage and

23-30  approval.

23-31     2.  The provisions of sections 7, 8, 12 and 13 of this act expire

23-32  by limitation on the date on which the provisions of 42 U.S.C. § 666

23-33  requiring each state to establish procedures under which the State

23-34  has authority to withhold or suspend, or to restrict the use of

23-35  professional, occupational and recreational licenses of persons who:

23-36     (a) Have failed to comply with a subpoena or warrant relating to

23-37  a procedure to determine the paternity of a child or to establish or

23-38  enforce an obligation for the support of a child; or

23-39     (b) Are in arrears in the payment for the support of one or more

23-40  children,

23-41  are repealed by the Congress of the United States.

 

23-42  H