REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 5, 6, 16, 21, 26, 27)                                                                                    

                                                 (Reprinted with amendments adopted on April 11, 2003)

 

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; increasing the amount of certain application fees and filing fees; revising provisions relating to disciplinary action; providing for the recovery of attorney’s fees and court costs by persons aggrieved by actions of the Transportation Services Authority under certain circumstances; 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:

 

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

1-2  thereto the provisions set forth as sections 2 to 13, inclusive, of this

1-3  act.

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

1-5  passengers” means a person who:

1-6  (a) Is employed to drive a vehicle of a fully regulated carrier of

1-7  passengers; or

1-8  (b) Is an independent contractor and is authorized to lease and

1-9  drive a vehicle of a fully regulated carrier of passengers pursuant

1-10  to NRS 706.011 to 706.791, inclusive, and sections 2 to 11,

1-11  inclusive, of this act, and the regulations adopted pursuant

1-12  thereto.

1-13      2.  The term includes, without limitation, a person who is the

1-14  lessee of a taxicab pursuant to NRS 706.473.

1-15      3.  The term does not include a person who drives a vehicle of

1-16  a carrier whose certificate is limited to providing charter service by

1-17  bus.

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

1-19  common motor carrier of passengers or contract motor carrier of

1-20  passengers that is required to obtain from the Authority a

1-21  certificate of public convenience and necessity, except for a carrier

1-22  whose certificate is limited to providing charter service by bus.

1-23      2.  The term includes, without limitation, a carrier that

1-24  operates a taxicab or limousine.

1-25      Sec. 4.  “Limousine” includes, without limitation, a

1-26  traditional limousine and a livery limousine.

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

1-28  Authority a fee of not more than $200 per year for each vehicle

1-29  that the Authority has authorized the carrier to operate.

1-30      2.  The provisions of this section do not apply to:

1-31      (a) A taxicab motor carrier; or

1-32      (b) An operator of a tow car.

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

1-34  issue a driver’s permit to each qualified person who wishes to be a

1-35  driver of a fully regulated carrier of passengers and who complies

1-36  with the requirements for the issuance of a driver’s permit.

1-37      2.  Before a member or the Deputy of the Authority may issue

1-38  a driver’s permit to an applicant, the member or Deputy shall:

1-39      (a) Require the applicant to submit a complete set of his

1-40  fingerprints and written permission authorizing the Authority to

1-41  forward the fingerprints to the Central Repository for Nevada

1-42  Records of Criminal History for submission to the Federal Bureau

2-1  of Investigation to ascertain whether the applicant has a criminal

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

2-3  investigate the applicant’s background; and

2-4  (b) Require proof that the applicant has a valid and

2-5  appropriate license issued pursuant to NRS 483.340 which

2-6  authorizes the applicant to drive in this state the vehicle that he

2-7  will be driving for the fully regulated carrier of passengers.

2-8  3.  A member or the Deputy of the Authority may refuse to

2-9  issue a driver’s permit to an applicant if the applicant has been

2-10  convicted of:

2-11      (a) A felony, other than a sexual offense, in this state or any

2-12  other jurisdiction within the 5 years immediately preceding the

2-13  date on which he filed his application;

2-14      (b) A felony involving any sexual offense in this state or any

2-15  other jurisdiction at any time before the date on which he filed his

2-16  application; or

2-17      (c) A violation of NRS 484.379 or 484.3795, or a law in

2-18  another jurisdiction that prohibits the same or similar conduct,

2-19  within the 3 years immediately preceding the date on which he

2-20  filed his application.

2-21      4.  A member or the Deputy of the Authority may refuse to

2-22  issue a driver’s permit to an applicant who has been convicted of

2-23  an offense involving moral turpitude.

2-24      5.  A driver’s permit issued pursuant to this section is valid for

2-25  1 year and may be renewed.

2-26      6.  A person must pay to the Authority:

2-27      (a) A fee of $50 for the issuance of an original driver’s permit.

2-28      (b) A fee of $50 for the renewal of a driver’s permit.

2-29      Sec. 7.  1.  In addition to any other requirements, a person

2-30  who applies for the issuance or renewal of a driver’s permit shall

2-31  submit to the Authority:

2-32      (a) In any application for issuance of a driver’s permit, the

2-33  social security number of the applicant and the statement

2-34  prescribed by the Welfare Division of the Department of Human

2-35  Resources pursuant to NRS 425.520. The statement must be

2-36  completed and signed by the applicant.

2-37      (b) In any application for renewal of a driver’s permit, the

2-38  statement prescribed by the Welfare Division of the Department of

2-39  Human Resources pursuant to NRS 425.520. The statement must

2-40  be completed and signed by the applicant.

2-41      2.  The Authority shall include the statement required

2-42  pursuant to subsection 1 in:

2-43      (a) The application or any other forms that must be submitted

2-44  for the issuance or renewal of the driver’s permit; or

2-45      (b) A separate form prescribed by the Authority.

3-1  3.  The Authority shall not issue or renew a driver’s permit if

3-2  the applicant:

3-3  (a) Fails to submit the statement required pursuant to

3-4  subsection 1; or

3-5  (b) Indicates on the statement submitted pursuant to

3-6  subsection 1 that he is subject to a court order for the support of a

3-7  child and is not in compliance with the order or a plan approved

3-8  by the district attorney or other public agency enforcing the order

3-9  for the repayment of the amount owed pursuant to the order.

3-10      4.  If an applicant indicates on the statement submitted

3-11  pursuant to subsection 1 that he is subject to a court order for the

3-12  support of a child and is not in compliance with the order or a

3-13  plan approved by the district attorney or other public agency

3-14  enforcing the order for the repayment of the amount owed

3-15  pursuant to the order, the Authority shall advise the applicant to

3-16  contact the district attorney or other public agency enforcing the

3-17  order to determine the actions that the applicant may take to

3-18  satisfy the arrearage.

3-19      Sec. 8.  1.  If the Authority receives a copy of a court order

3-20  issued pursuant to NRS 425.540 that provides for the suspension

3-21  of all professional, occupational and recreational licenses,

3-22  certificates and permits issued to a person who is the holder of a

3-23  driver’s permit, the Authority shall deem the driver’s permit issued

3-24  to that person to be suspended at the end of the 30th day after the

3-25  date on which the court order was issued unless the Authority

3-26  receives a letter issued to the holder of the driver’s permit by the

3-27  district attorney or other public agency pursuant to NRS 425.550

3-28  stating that the holder of the driver’s permit has complied with the

3-29  subpoena or warrant or has satisfied the arrearage pursuant to

3-30  NRS 425.560.

3-31      2.  The Authority shall reinstate a driver’s permit that has

3-32  been suspended by a district court pursuant to NRS 425.540 if the

3-33  Authority receives a letter issued by the district attorney or other

3-34  public agency pursuant to NRS 425.550 to the person whose

3-35  driver’s permit was suspended stating that the person whose

3-36  driver’s permit was suspended has complied with the subpoena or

3-37  warrant or has satisfied the arrearage pursuant to NRS 425.560.

3-38      Sec. 9.  1.  A fully regulated carrier of passengers shall not

3-39  accept an application for employment from or enter into a lease

3-40  with a person who wishes to be a driver of the fully regulated

3-41  carrier of passengers unless the person submits to the carrier a

3-42  physician’s certificate which complies with the provisions of this

3-43  section and which is issued by a physician who is licensed to

3-44  practice medicine in this state.

4-1  2.  A physician shall issue a physician’s certificate and two

4-2  copies thereof to a person who wishes to be a driver of a fully

4-3  regulated carrier of passengers if the physician finds that the

4-4  person meets the applicable health requirements established by the

4-5  Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et

4-6  seq.

4-7  3.  A physician’s certificate that is issued pursuant to this

4-8  section must:

4-9  (a) State that the physician has examined the person and has

4-10  found that the person meets the applicable health requirements

4-11  established by the Federal Motor Carrier Safety Regulations, 49

4-12  C.F.R. §§ 391.41 et seq.; and

4-13      (b) Be signed and dated by the physician issuing the

4-14  certificate.

4-15      4.  A physician’s certificate that is issued pursuant to this

4-16  section expires 2 years after the date on which it was issued and

4-17  may be renewed.

4-18      Sec. 10.  1.  A fully regulated carrier of passengers shall not

4-19  employ, enter into a lease with, or require or allow a person to be a

4-20  driver of the fully regulated carrier of passengers and a person

4-21  shall not operate as a driver of a fully regulated carrier of

4-22  passengers unless:

4-23      (a) The person has obtained and has on his person:

4-24          (1) A driver’s license issued to the person by this state

4-25  pursuant to NRS 483.010 to 483.630, inclusive;

4-26          (2) A driver’s permit issued to the person by a member or

4-27  the Deputy of the Authority pursuant to section 6 of this act; and

4-28          (3) A copy of the physician’s certificate issued to the person

4-29  by a physician pursuant to section 9 of this act; and

4-30      (b) If the person intends to operate as a driver of a taxicab

4-31  motor carrier, the person has met any additional qualifications

4-32  that have been established by ordinance pursuant to NRS 268.097.

4-33      2.  At the time that a fully regulated carrier of passengers

4-34  employs or enters into a lease with a person to be a driver of the

4-35  fully regulated carrier of passengers, the carrier shall:

4-36      (a) Provide the person with a complete copy of NRS 706.011 to

4-37  706.791, inclusive, and sections 2 to 11, inclusive, of this act, and

4-38  any regulations adopted pursuant thereto; and

4-39      (b) Require the person to sign a statement acknowledging that

4-40  he has received a complete copy of NRS 706.011 to 706.791,

4-41  inclusive, and sections 2 to 11, inclusive, of this act, and any

4-42  regulations adopted pursuant thereto, and has read and

4-43  familiarized himself with the provisions included therein.

4-44      Sec. 11.  (Deleted by amendment.)

5-1  Sec. 12.  1.  In addition to any other requirements, a person

5-2  who applies for the issuance or renewal of a driver’s permit shall

5-3  submit to the Administrator:

5-4  (a) In any application for issuance of a driver’s permit, the

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

5-6  prescribed by the Welfare Division of the Department of Human

5-7  Resources pursuant to NRS 425.520. The statement must be

5-8  completed and signed by the applicant.

5-9  (b) In any application for renewal of a driver’s permit, the

5-10  statement prescribed by the Welfare Division of the Department of

5-11  Human Resources pursuant to NRS 425.520. The statement must

5-12  be completed and signed by the applicant.

5-13      2.  The Administrator shall include the statement required

5-14  pursuant to subsection 1 in:

5-15      (a) The application or any other forms that must be submitted

5-16  for the issuance or renewal of the driver’s permit; or

5-17      (b) A separate form prescribed by the Administrator.

5-18      3.  The Administrator shall not issue or renew a driver’s

5-19  permit if the applicant:

5-20      (a) Fails to submit the statement required pursuant to

5-21  subsection 1; or

5-22      (b) Indicates on the statement submitted pursuant to

5-23  subsection 1 that he is subject to a court order for the support of a

5-24  child and is not in compliance with the order or a plan approved

5-25  by the district attorney or other public agency enforcing the order

5-26  for the repayment of the amount owed pursuant to the order.

5-27      4.  If an applicant indicates on the statement submitted

5-28  pursuant to subsection 1 that he is subject to a court order for the

5-29  support of a child and is not in compliance with the order or a

5-30  plan approved by the district attorney or other public agency

5-31  enforcing the order for the repayment of the amount owed

5-32  pursuant to the order, the Administrator shall advise the applicant

5-33  to contact the district attorney or other public agency enforcing

5-34  the order to determine the actions that the applicant may take to

5-35  satisfy the arrearage.

5-36      Sec. 13.  1.  If the Administrator receives a copy of a court

5-37  order issued pursuant to NRS 425.540 that provides for the

5-38  suspension of all professional, occupational and recreational

5-39  licenses, certificates and permits issued to a person who is the

5-40  holder of a driver’s permit, the Administrator shall deem the

5-41  driver’s permit issued to that person to be suspended at the end of

5-42  the 30th day after the date on which the court order was issued

5-43  unless the Administrator receives a letter issued to the holder of

5-44  the driver’s permit by the district attorney or other public agency

5-45  pursuant to NRS 425.550 stating that the holder of the driver’s

6-1  permit has complied with the subpoena or warrant or has satisfied

6-2  the arrearage pursuant to NRS 425.560.

6-3  2.  The Administrator shall reinstate a driver’s permit that has

6-4  been suspended by a district court pursuant to NRS 425.540 if the

6-5  Administrator receives a letter issued by the district attorney or

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

6-7  driver’s permit was suspended stating that the person whose

6-8  driver’s permit was suspended has complied with the subpoena or

6-9  warrant or has satisfied the arrearage pursuant to NRS 425.560.

6-10      Sec. 14.  NRS 706.011 is hereby amended to read as follows:

6-11      706.011  As used in NRS 706.011 to 706.791, inclusive, and

6-12  sections 2 to 11, inclusive, of this act, unless the context otherwise

6-13  requires, the words and terms defined in NRS 706.013 to 706.146,

6-14  inclusive, and sections 2, 3 and 4 of this act have the meanings

6-15  ascribed to them in those sections.

6-16      Sec. 15.  NRS 706.168 is hereby amended to read as follows:

6-17      706.168  1.  The authority of the Transportation Services

6-18  Authority to supervise and regulate [motor] carriers , drivers and

6-19  brokers respectively, to the extent provided in this chapter, must be

6-20  exercised separately. A [motor] carrier is responsible only for his

6-21  own acts and [those of his employees or agents who are not

6-22  brokers.] for any acts that the carrier knowingly required or

6-23  allowed a driver, employee, agent or broker to perform. A broker is

6-24  responsible only for his own acts and [those of his employees or

6-25  agents who are not motor carriers.]for any acts that the broker

6-26  knowingly required or allowed an employee or agent to perform.

6-27      2.  The provisions of this section do not relieve a carrier from

6-28  any obligation under its certificate of public convenience and

6-29  necessity or from its duty to comply with this chapter and the

6-30  regulations adopted pursuant thereto.

6-31      Sec. 16.  NRS 706.197 is hereby amended to read as follows:

6-32      706.197  1.  [The] Except as otherwise provided in this

6-33  section, the Authority may charge and collect fees for any

6-34  application or for the filing of any official document required by

6-35  this chapter or by a regulation of the Authority.

6-36      2.  [Filing] Application fees and filing fees may not exceed:

6-37      (a) For [applications, $200.

6-38      (b) For petitions] an application to modify a tariff, $100.

6-39      (b) For any other application, $400.

6-40      (c) For the filing of a petition seeking affirmative relief, $200.

6-41      [(c) For each tariff page that requires public notice and is not

6-42  attached to an application, $10. If more than one page is filed at one

6-43  time, the total fee may not exceed the cost of notice and publication.

6-44      (d) For all other documents that require]

7-1  (d) For the filing of any other document that requires public

7-2  notice, [$10.] $75.

7-3  3.  If an application or other document is rejected by the

7-4  Authority because it is inadequate or inappropriate, the application

7-5  fee or filing fee must be returned.

7-6  4.  The Authority may not charge or collect any fee for the

7-7  filing of a complaint.

7-8  Sec. 17.  NRS 706.2885 is hereby amended to read as follows:

7-9  706.2885  1.  A certificate of public convenience and

7-10  necessity, permit or license issued in accordance with this chapter is

7-11  not a franchise and may be revoked.

7-12      2.  [The Authority may at any time, for good cause shown,]

7-13  Except as otherwise provided in this section and NRS 706.398,

7-14  after investigation and hearing and upon 5 days’ written notice to

7-15  the [grantee, suspend any] holder of a certificate, permit or license

7-16  issued pursuant to NRS 706.011 to 706.791, inclusive, and

7-17  sections 2 to 11, inclusive, of this act, the Authority may:

7-18      (a) Suspend, for good cause shown, the holder’s certificate,

7-19  permit or license [issued in accordance with the provisions of NRS

7-20  706.011 to 706.791, inclusive,] for a period not to exceed 60 days.

7-21      [3.  Upon receipt of a written complaint or on its own motion,

7-22  the Authority may, after investigation and hearing, revoke any]

7-23      (b) Revoke the holder’s certificate, permit or license[. If

7-24  service] if the holder has:

7-25          (1) Violated any provision of NRS 706.011 to 706.791,

7-26  inclusive, and sections 2 to 11, inclusive, of this act or any

7-27  regulation adopted pursuant thereto; or

7-28          (2) Knowingly required or allowed any driver, employee,

7-29  agent or broker of the holder to violate any provision of NRS

7-30  706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of

7-31  this act or any regulation adopted pursuant thereto.

7-32      3.  The Authority may, without a hearing, suspend or revoke

7-33  the holder’s certificate, permit or license and impose any other

7-34  penalties authorized by NRS 706.011 to 706.791, inclusive, and

7-35  sections 2 to 11, inclusive, of this act if:

7-36      (a) Service of the notice required by subsection 2 cannot be

7-37  made [or if the grantee] ;

7-38      (b) The holder waives the right to a hearing; or

7-39      (c) The holder relinquishes his interest in the certificate, permit

7-40  or license by so notifying the Authority in writing . [, the Authority

7-41  may revoke the certificate, permit or license without a hearing.

7-42      4.  The proceedings thereafter are governed by]

7-43      4.  If the holder of a certificate, permit or license fails to

7-44  appear at the time and place set forth in the notice for any

7-45  hearing, the Authority shall enter a finding of default. Upon the

8-1  entering of a finding of default, the Authority may suspend or

8-2  revoke the holder’s certificate, permit or license and impose any

8-3  other penalties authorized by NRS 706.011 to 706.791, inclusive,

8-4  and sections 2 to 11, inclusive, of this act. For good cause shown,

8-5  the Authority may set aside a finding of default entered pursuant

8-6  to this subsection and proceed with a hearing on the matter.

8-7  5.  If the Authority suspends or revokes a certificate, permit or

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

8-9  to 706.791, inclusive, and sections 2 to 11, inclusive, of this act,

8-10  the person aggrieved by the decision of the Authority may seek

8-11  judicial review pursuant to the provisions of chapter 233B of NRS.

8-12  If a court of competent jurisdiction finds that the Authority

8-13  exceeded its statutory authority in suspending or revoking the

8-14  certificate, permit or license, or imposing any other penalty, or

8-15  that such an act by the authority was capricious, arbitrary or an

8-16  abuse of discretion, the court shall award reasonable attorney’s

8-17  fees and court costs to a person aggrieved by the decision of the

8-18  Authority.

8-19      6.  Notwithstanding any provision of NRS 706.011 to 706.791,

8-20  inclusive, and sections 2 to 11, inclusive, of this act to the

8-21  contrary, the Authority shall not suspend or revoke a certificate,

8-22  permit or license, or impose any other penalties authorized by

8-23  NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive,

8-24  of this act if that suspension, revocation or imposition of penalties

8-25  would be in violation of federal law.

8-26      Sec. 18.  NRS 706.361 is hereby amended to read as follows:

8-27      706.361  1.  A person with a disability is entitled to the full

8-28  and equal enjoyment of the facilities of any common motor carrier

8-29  of passengers, contract motor carrier of passengers or other entity

8-30  providing a means of public conveyance and transportation

8-31  operating within this state.

8-32      2.  A common motor carrier of passengers, a contract motor

8-33  carrier of passengers and any other [entities] entity providing a

8-34  means of public conveyance and transportation operating within

8-35  this state shall designate a person responsible for ensuring that the

8-36  carrier or entity complies with the applicable provisions of the

8-37  Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to

8-38  12213, inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations

8-39  adopted pursuant to that act.

8-40      3.  The person designated pursuant to subsection 2 shall

8-41  conduct training sessions for the employees of the carrier or entity

8-42  [.] and for the independent contractors who are  drivers of the

8-43  carrier or entity. Each such employee and independent contractor

8-44  must be provided at least 3 hours of training during one or more

8-45  training sessions. The training must be completed not later than 3

9-1  months after the employee begins his employment with the carrier

9-2  or entity or the independent contractor begins driving for the

9-3  carrier or entity. During the training sessions, the designee shall:

9-4  (a) Describe the [carrier’s] plan of the carrier or entity for

9-5  compliance with the Americans with Disabilities Act of 1990 and

9-6  the regulations adopted pursuant to that act;

9-7  (b) Explain the obligations of the employees and independent

9-8  contractors to assist a person with a disability to store a mobility

9-9  device;

9-10      (c) Explain the illegality of charging an additional fee or a

9-11  higher fare to a person with a disability; and

9-12      (d) Ensure that each employee and independent contractor is

9-13  trained in accordance with the requirements of 49 C.F.R. § 37.173.

9-14      4.  It is unlawful for any person to deny any of the privileges

9-15  granted by subsection 1.

9-16      5.  It is unlawful for any common motor carrier[,] of

9-17  passengers, contract motor carrier of passengers or other entity

9-18  providing a means of public conveyance or transportation operating

9-19  within this state, to:

9-20      (a) Deny the equal enjoyment of its services and facilities to a

9-21  person with a disability by the arbitrary, capricious or unreasonable

9-22  interference, direct or indirect, with the use of aids and appliances

9-23  used by a person with a disability;

9-24      (b) Fail to designate a person pursuant to subsection 2; or

9-25      (c) Fail to conduct the training sessions in the manner described

9-26  in subsection 3.

9-27      6.  It is unlawful for a driver of any common motor carrier of

9-28  passengers, contract motor carrier of passengers or other entity

9-29  providing a means of public conveyance or transportation

9-30  operating within this state, to:

9-31      (a) Deny the equal enjoyment of the services and facilities of

9-32  the driver, carrier or entity to a person with a disability by the

9-33  arbitrary, capricious or unreasonable interference, direct or

9-34  indirect, with the use of aids and appliances used by a person with

9-35  a disability; or

9-36      (b) Fail to complete the training sessions in the manner

9-37  described in subsection 3.

9-38      7.  As used in this section, “disability” has the meaning ascribed

9-39  to it in 49 C.F.R. § 37.3.

9-40      Sec. 19.  NRS 706.366 is hereby amended to read as follows:

9-41      706.366  1.  It is unlawful for [a] any common motor carrier of

9-42  passengers , contract motor carrier of passengers or other entity

9-43  providing a means of public conveyance or transportation operating

9-44  [in] within this state , or for a driver of such a carrier or entity, to:

10-1      (a) Refuse service to a visually, aurally or physically

10-2  handicapped person because he is accompanied by a guide dog,

10-3  hearing dog, helping dog or other service animal;

10-4      (b) Refuse service to a person who is training a guide dog,

10-5  hearing dog, helping dog or other service animal because he is

10-6  accompanied by such an animal; or

10-7      (c) Charge an additional fee for such an animal.

10-8      2.  This section does not relieve a visually, aurally or physically

10-9  handicapped person or a person who trains a guide dog, hearing dog,

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

10-11  may be caused by his animal.

10-12     3.  Visually, aurally or physically handicapped persons

10-13  accompanied by guide dogs, hearing dogs, helping dogs or other

10-14  service animals are subject to the same conditions and limitations

10-15  that apply to persons who are not so handicapped and accompanied.

10-16     4.  [For the purposes of] As used in this section, the terms

10-17  “guide dog,” “hearing dog,” “helping dog” and “service animal”

10-18  have the meanings ascribed to them respectively in NRS 426.075,

10-19  426.081, 426.083 and 426.097.

10-20     Sec. 20.  NRS 706.386 is hereby amended to read as follows:

10-21     706.386  [It is unlawful, except] Except as otherwise provided

10-22  in NRS 373.117, 706.446, 706.453 and 706.745, it is unlawful for

10-23  any person to operate as a fully regulated common motor carrier [to

10-24  operate as a carrier of] within this state in intrastate commerce [and]

10-25  or for any operator of a tow car to perform towing services within

10-26  this state without first obtaining a certificate of public convenience

10-27  and necessity from the Authority.

10-28     Sec. 21.  NRS 706.391 is hereby amended to read as follows:

10-29     706.391  1.  Upon the filing of an application for a certificate

10-30  of public convenience and necessity to operate as a common motor

10-31  carrier , other than an operator of a tow car, or an application for

10-32  modification of such a certificate, the Authority shall fix a time and

10-33  place for a hearing [thereon.] on the application.

10-34     2.  The Authority shall [issue such a] grant the certificate or

10-35  modification if it finds that:

10-36     (a) The applicant is fit, willing and able to perform the services

10-37  of a common motor carrier[;] and has paid all fees and costs

10-38  related to the application;

10-39     (b) The proposed operation or the proposed modification will

10-40  be consistent with the legislative policies set forth in NRS 706.151;

10-41     (c) The granting of the certificate or modification will not

10-42  unreasonably and adversely affect other carriers operating in the

10-43  territory for which the certificate or modification is sought; and

11-1      (d) The proposed [service] operation or the proposed

11-2  modification will benefit the traveling and shipping public and the

11-3  motor carrier business in this state.

11-4      3.  The Authority shall not find that the potential creation of

11-5  competition in a territory which may be caused by the granting of [a

11-6  certificate,] the certificate or modification, by itself, will

11-7  unreasonably and adversely affect other carriers operating in the

11-8  territory for the purposes of paragraph (c) of subsection 2.

11-9      4.  [An] The applicant for [such a certificate has] the certificate

11-10  or modification:

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

11-12  operation or the proposed modification will meet the requirements

11-13  of subsection 2[.] ; and

11-14     (b) Must pay the amounts billed to the applicant by the

11-15  Authority for the costs incurred by the Authority in conducting

11-16  any investigation regarding the applicant and the application.

11-17     5.  The Authority may issue or modify a certificate of public

11-18  convenience and necessity to operate as a common motor carrier, or

11-19  issue or modify it for:

11-20     (a) The exercise of the privilege sought.

11-21     (b) The partial exercise of the privilege sought.

11-22     6.  The Authority may attach to the certificate such terms and

11-23  conditions as, in its judgment, the public interest may require.

11-24     7.  The Authority may dispense with the hearing on the

11-25  application if, upon the expiration of the time fixed in the notice

11-26  thereof, no petition to intervene has been filed on behalf of any

11-27  person who has filed a protest against the granting of the certificate

11-28  [.] or modification.

11-29     Sec. 22.  NRS 706.398 is hereby amended to read as follows:

11-30     706.398  [The] In accordance with the procedural

11-31  requirements set forth in NRS 706.2885, the Authority:

11-32     1.  Shall revoke or suspend[, pursuant to the provisions of this

11-33  chapter,] the certificate of public convenience and necessity of a

11-34  common motor carrier which has failed to:

11-35     (a) File the annual report required by NRS 706.167 within 60

11-36  days after the report is due; or

11-37     (b) Operate as a carrier of intrastate commerce in this state under

11-38  the terms and conditions of its certificate,

11-39  unless the carrier has obtained the prior permission of the Authority.

11-40     2.  May revoke or suspend[, pursuant to the provisions of NRS

11-41  706.2885,] the certificate of public convenience and necessity of a

11-42  common motor carrier which has [failed to comply with] :

11-43     (a) Violated any provision of [this chapter] NRS 706.011 to

11-44  706.791, inclusive, and sections 2 to 11, inclusive, of this act or

11-45  any regulation [of the Authority] adopted pursuant thereto[.] ; or

12-1      (b) Knowingly required or allowed any driver, employee, agent

12-2  or broker of the carrier to violate any provision of NRS 706.011 to

12-3  706.791, inclusive, and sections 2 to 11, inclusive, of this act or

12-4  any regulation adopted pursuant thereto.

12-5      Sec. 23.  NRS 706.411 is hereby amended to read as follows:

12-6      706.411  Every order [refusing or] of the Authority granting or

12-7  refusing to grant any [certificates] certificate of public convenience

12-8  and necessity[,] or granting or refusing [permission to discontinue,

12-9  modify or restrict service] to grant any modification of a certificate

12-10  of public convenience and necessity is prima facie lawful from the

12-11  date of the order until changed or modified by the order of the

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

12-13     Sec. 24.  NRS 706.421 is hereby amended to read as follows:

12-14     706.421  It is unlawful for any person to operate as a contract

12-15  motor carrier [to act as such] within this state in intrastate commerce

12-16  without first [having obtained] obtaining a permit [therefor.] for the

12-17  operation.

12-18     Sec. 25.  NRS 706.436 is hereby amended to read as follows:

12-19     706.436  Any person who has been denied a permit to [act]

12-20  operate as a contract motor carrier after hearing may not file a

12-21  similar application with the Authority covering the same type of

12-22  service and over the same route or routes or in the same territory for

12-23  which the permit was denied except after the expiration of 180 days

12-24  after the date the permit was denied.

12-25     Sec. 26.  NRS 706.4463 is hereby amended to read as follows:

12-26     706.4463  1.  In addition to the other requirements of this

12-27  chapter, each operator of a tow car shall, to protect the health, safety

12-28  and welfare of the public:

12-29     (a) Obtain a certificate of public convenience and necessity from

12-30  the Authority before he provides any services other than those

12-31  services which he provides as a private motor carrier of property

12-32  pursuant to the provisions of this chapter;

12-33     (b) Use a tow car of sufficient size and weight which is

12-34  appropriately equipped to transport safely the vehicle which is being

12-35  towed; and

12-36     (c) Comply with the provisions of NRS 706.011 to 706.791,

12-37  inclusive[.] , and sections 2 to 11, inclusive, of this act.

12-38     2.  A person who wishes to obtain a certificate of public

12-39  convenience and necessity to operate a tow car or to modify such a

12-40  certificate must file an application with the Authority.

12-41     3.  The Authority shall [issue a certificate of public convenience

12-42  and necessity to an operator of a tow car] grant the certificate or

12-43  modification if it determines that the applicant:

12-44     (a) Complies with the requirements of paragraphs (b) and (c) of

12-45  subsection 1;

13-1      (b) Complies with the requirements of the regulations adopted

13-2  by the Authority pursuant to the provisions of this chapter;

13-3      (c) Has provided evidence that he has filed with the Authority a

13-4  liability insurance policy, a certificate of insurance or a bond of a

13-5  surety and bonding company or other surety required for every

13-6  operator of a tow car pursuant to the provisions of NRS 706.291;

13-7  [and]

13-8      (d) Has provided evidence that he has filed with the Authority

13-9  schedules and tariffs pursuant to subsection 2 of NRS 706.321[.

13-10     4.  An] ; and

13-11     (e) Has paid all fees and costs related to the application.

13-12     4.  The applicant for [a certificate has] the certificate or

13-13  modification:

13-14     (a) Has the burden of proving to the Authority that the proposed

13-15  operation or the proposed modification will meet the requirements

13-16  of subsection 3[.] ; and

13-17     (b) Must pay the amounts billed to the applicant by the

13-18  Authority for the costs incurred by the Authority in conducting

13-19  any investigation regarding the applicant and the application.

13-20     5.  The Authority may hold a hearing to determine whether [an]

13-21  the applicant is entitled to [a] the certificate or modification only if:

13-22     (a) Upon the expiration of the time fixed in the notice [that an

13-23  application for a certificate of public convenience and necessity is

13-24  pending,] of the application, a petition to intervene has been granted

13-25  by the Authority; or

13-26     (b) The Authority finds that after reviewing the information

13-27  provided by the applicant and inspecting the operations of the

13-28  applicant, it cannot make a determination as to whether the applicant

13-29  has complied with the requirements of subsection 3.

13-30     Sec. 27.  NRS 706.451 is hereby amended to read as follows:

13-31     706.451 1.  Each owner or operator of a tow car subject to the

13-32  jurisdiction of the Authority shall, before commencing to operate or

13-33  continuing operation after July 1, 1971, and annually thereafter, pay

13-34  to the Authority , for each tow car operated, a fee of not more than

13-35  [$36.] $75.

13-36     2.  The fee provided in this section must be paid on or before

13-37  January 1 of each year.

13-38     3.  The initial fee must be reduced one-twelfth for each month

13-39  which has elapsed since the beginning of the calendar year before

13-40  July 1, 1971, for those tow cars lawfully operating on that date or

13-41  before the commencement of operation of each tow car commencing

13-42  operation after July 1, 1971.

13-43     4.  Any person who fails to pay any fee on or before the date

13-44  provided in this section shall pay a penalty of 10 percent of the

13-45  amount of the fee plus interest on the amount of the fee at the rate of

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

14-2  due until the date of payment.

14-3      Sec. 28.  NRS 706.476 is hereby amended to read as follows:

14-4      706.476  Except as otherwise provided in NRS 706.478:

14-5      1.  A vehicle used [as a taxicab, limousine or other passenger

14-6  vehicle in passenger service] by any person or entity in this state to

14-7  provide any kind of transportation of passengers or property that

14-8  is subject to the jurisdiction of the Authority must be impounded

14-9  by the Authority if a valid and appropriate certificate [of public

14-10  convenience and necessity] , permit or license has not been issued

14-11  authorizing [its operation.] the operation of the vehicle. A hearing

14-12  must be held by the Authority [no] not later than the conclusion of

14-13  the second normal business day after impoundment, weekends and

14-14  holidays excluded. As soon as practicable after impoundment, the

14-15  Authority shall notify the registered owner of the vehicle[:

14-16     (a) That the registered owner of the vehicle must post a bond in

14-17  the amount of $20,000 to ensure his presence at all proceedings held

14-18  pursuant to this section;

14-19     (b) Of the] of:

14-20     (a) The time set for the hearing; and

14-21     [(c) Of his]

14-22     (b) His right to be represented by counsel during all phases of

14-23  the proceedings.

14-24     2.  The Authority shall hold the vehicle until the registered

14-25  owner of the vehicle appears and[:

14-26     (a) Proves that he] proves that:

14-27     (a) He is the registered owner of the vehicle;

14-28     (b) [Proves that he] He holds a valid and appropriate certificate

14-29  [of public convenience and necessity;

14-30     (c) Proves that the] , permit or license authorizing the

14-31  operation of the vehicle; and

14-32     (c) The vehicle meets all required standards of the Authority . [;

14-33  and

14-34     (d) Posts a bond in the amount of $20,000 with the

14-35  Authority.]

14-36  The Authority shall return the vehicle to its registered owner when

14-37  the owner meets the requirements of this subsection and pays all

14-38  costs of impoundment.

14-39     3.  If the registered owner is unable to meet the requirements of

14-40  paragraph (b) or (c) of subsection 2, the Authority may assess an

14-41  administrative fine against the registered owner for each such

14-42  violation in the amount of $5,000. The maximum amount of the

14-43  administrative fine that may be assessed against a registered owner

14-44  for a single impoundment of his vehicle pursuant to this section is

14-45  $10,000. The Authority shall return the vehicle after any

15-1  administrative fine imposed pursuant to this subsection and all costs

15-2  of impoundment have been paid.

15-3      Sec. 29.  NRS 706.6411 is hereby amended to read as follows:

15-4      706.6411  1.  All motor carriers, other than operators of tow

15-5  cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, and

15-6  sections 2 to 11, inclusive, of this act to whom the certificates,

15-7  permits and licenses provided by NRS 706.011 to 706.791,

15-8  inclusive, and sections 2 to 11, inclusive, of this act have been

15-9  issued may transfer them to another carrier, other than an operator

15-10  of a tow car, qualified pursuant to NRS 706.011 to 706.791,

15-11  inclusive, and sections 2 to 11, inclusive, of this act but no such

15-12  transfer is valid for any purpose until a joint application to make the

15-13  transfer has been made to the Authority by the transferor and

15-14  the transferee, and the Authority has authorized the substitution of

15-15  the transferee for the transferor. No transfer of stock of a corporate

15-16  motor carrier subject to the jurisdiction of the Authority is valid

15-17  without the prior approval of the Authority if the effect of the

15-18  transfer would be to change the corporate control of the carrier or if

15-19  a transfer of 15 percent or more of the common stock of the carrier

15-20  is proposed.

15-21     2.  Except as otherwise provided in subsection 3, the Authority

15-22  shall fix a time and place for a hearing to be held unless the

15-23  application is made to transfer the certificate from a natural person

15-24  or partners to a corporation whose controlling stockholders will be

15-25  substantially the same person or partners, and may hold a hearing to

15-26  consider such an application.

15-27     3.  The Authority may also dispense with the hearing on the

15-28  joint application to transfer if, upon the expiration of the time fixed

15-29  in the notice thereof, no protest against the transfer of the certificate

15-30  or permit has been filed by or in behalf of any interested person.

15-31     4.  In determining whether or not the transfer of a certificate of

15-32  public convenience and necessity or a permit to [act] operate as a

15-33  contract motor carrier should be authorized, the Authority shall

15-34  consider:

15-35     (a) The service which has been performed by the transferor and

15-36  that which may be performed by the transferee.

15-37     (b) Other authorized facilities for transportation in the territory

15-38  for which the transfer is sought.

15-39     (c) Whether or not the transferee is fit, willing and able to

15-40  perform the services of a common or contract motor carrier by

15-41  vehicle and whether or not the proposed operation would be

15-42  consistent with the legislative policy set forth in NRS 706.151.

15-43     5.  Upon a transfer made pursuant to this section, the Authority

15-44  may make such amendments, restrictions or modifications in a

15-45  certificate or permit as the public interest may require.

16-1      6.  No transfer is valid beyond the life of the certificate, permit

16-2  or license transferred.

16-3      Sec. 30.  NRS 706.756 is hereby amended to read as follows:

16-4      706.756  1.  Except as otherwise provided in [subsection 2,]

16-5  this section, any person who:

16-6      (a) Operates a vehicle or causes it to be operated in any carriage

16-7  to which the provisions of NRS 706.011 to 706.861, inclusive, and

16-8  sections 2 to 11, inclusive, of this act apply without first obtaining

16-9  [a] any certificate, permit or license[,] required for the operation,

16-10  or in violation of the terms [thereof;] of any certificate, permit or

16-11  license required for the operation;

16-12     (b) Fails to make any return or report required by the provisions

16-13  of NRS 706.011 to 706.861, inclusive, and sections 2 to 11,

16-14  inclusive, of this act, or by the Authority or the Department

16-15  pursuant to the provisions of NRS 706.011 to 706.861, inclusive[;] ,

16-16  and sections 2 to 11, inclusive, of this act;

16-17     (c) Violates[,] or procures, aids or abets the [violating of,]

16-18  violation of any provision of NRS 706.011 to 706.861, inclusive[;]

16-19  , and sections 2 to 11, inclusive, of this act or any regulation

16-20  adopted pursuant thereto or knowingly requires or allows any

16-21  driver, employee, agent or broker to violate or procure, aid or abet

16-22  the violation of any provision of NRS 706.011 to 706.861,

16-23  inclusive, and sections 2 to 11, inclusive, of this act or any

16-24  regulation adopted pursuant thereto;

16-25     (d) Fails to obey any order, decision or regulation of the

16-26  Authority or the Department;

16-27     (e) Procures, aids or abets any person in his failure to obey such

16-28  an order, decision or regulation of the Authority or the Department;

16-29     (f) Advertises, solicits, proffers bids or otherwise holds himself

16-30  out to perform transportation as a common or contract motor carrier

16-31  in violation of any of the provisions of NRS 706.011 to 706.861,

16-32  inclusive[;] , and sections 2 to 11, inclusive, of this act;

16-33     (g) Advertises as providing:

16-34         (1) The services of a fully regulated carrier; or

16-35         (2) Towing services,

16-36  without including the number of his certificate of public

16-37  convenience and necessity or contract carrier’s permit in each

16-38  advertisement;

16-39     (h) Knowingly offers, gives, solicits or accepts any rebate,

16-40  concession or discrimination in violation of the provisions of this

16-41  chapter;

16-42     (i) Knowingly, willfully and fraudulently seeks to evade or

16-43  defeat the purposes of this chapter;

16-44     (j) Operates or causes to be operated a vehicle which does not

16-45  have the proper identifying device;

17-1      (k) Displays or causes or permits to be displayed a certificate,

17-2  permit, license or identifying device, knowing it to be fictitious or to

17-3  have been canceled, revoked, suspended or altered;

17-4      (l) Lends or knowingly permits the use of by one not entitled

17-5  thereto any certificate, permit, license or identifying device issued to

17-6  the person so lending or permitting the use thereof; [or]

17-7      (m) Refuses or fails to surrender to the Authority or the

17-8  Department any certificate, permit, license or identifying device

17-9  which has been suspended, canceled or revoked pursuant to the

17-10  provisions of this chapter[,] ; or

17-11     (n) Knowingly makes or causes to be made, directly or

17-12  indirectly, a false statement on any application, account or other

17-13  statement required by or filed with the Authority,

17-14  is guilty of a misdemeanor[, and upon conviction thereof] and shall

17-15  be punished by a fine of not less than $100 nor more than $1,000 . [,

17-16  or] In addition to the fine, the person may be punished by

17-17  imprisonment in the county jail for not more than 6 months . [, or by

17-18  both fine and imprisonment.

17-19     2.  A person convicted of a misdemeanor for a]

17-20     2.  Except as otherwise provided in subsection 3, any person

17-21  who, in violation of the provisions of NRS 706.386 , operates as a

17-22  fully regulated common motor carrier or as an operator of a tow

17-23  car without first obtaining a certificate of public convenience and

17-24  necessity or any person who, in violation of the provisions of NRS

17-25  706.421 , operates as a contract motor carrier without first

17-26  obtaining a permit is guilty of a misdemeanor and shall be

17-27  punished:

17-28     (a) For [the] a first offense[,] within a period of 12 consecutive

17-29  months, by a fine of not less than $500 nor more than $1,000 . [;] In

17-30  addition to the fine, the person may be punished by imprisonment

17-31  in the county jail for not more than 6 months.

17-32     (b) For a second offense within a period of 12 consecutive

17-33  months and for each subsequent offense[,] that is committed within

17-34  a period of 12 consecutive months of any prior offense under this

17-35  subsection, by a fine of $1,000 . [; or

17-36     (c) For any offense,] In addition to the fine, the person may be

17-37  punished by imprisonment in the county jail for not more than 6

17-38  months . [, or by both the prescribed fine and imprisonment.]

17-39     3.  Any person who , in violation of the provisions of NRS

17-40  706.386 , operates or permits the operation of a vehicle in passenger

17-41  service without first obtaining a certificate of public convenience

17-42  and necessity [issued pursuant to NRS 706.391] is guilty of a gross

17-43  misdemeanor.

17-44     4.  If a law enforcement officer witnesses a violation of [this

17-45  subsection, he] any provision of subsection 2 or 3, the law

18-1  enforcement officer may cause the vehicle to be towed immediately

18-2  from the scene[.

18-3      4.] and impounded in accordance with NRS 706.476.

18-4      5. The fines provided in this section are mandatory and must

18-5  not be reduced under any circumstances by the court.

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

18-7  fine provided for by this section.

18-8      7.  The conviction of a person pursuant to this chapter does

18-9  not prohibit the Authority or another agency or officer from

18-10  seeking a civil remedy or penalty, imposing an administrative fine,

18-11  or suspending or revoking any certificate, permit or license of the

18-12  person convicted. The imposition of a civil remedy or penalty or an

18-13  administrative fine or the suspension or revocation of a certificate,

18-14  permit or license by the Authority or another agency or officer

18-15  does not operate as a defense in any criminal proceeding brought

18-16  pursuant to this chapter.

18-17     Sec. 31.  NRS 706.881 is hereby amended to read as follows:

18-18     706.881  1.  The provisions of NRS [706.8811] 706.881 to

18-19  706.885, inclusive, and sections 12 and 13 of this act apply to any

18-20  county:

18-21     (a) Whose population is 400,000 or more; or

18-22     (b) For whom regulation by the Taxicab Authority is not

18-23  required, if the board of county commissioners of the county has

18-24  enacted an ordinance approving the inclusion of the county within

18-25  the jurisdiction of the Taxicab Authority.

18-26     2.  Upon receipt of a certified copy of such an ordinance from a

18-27  county for whom regulation by the Taxicab Authority is not

18-28  required, the Taxicab Authority shall exercise its regulatory

18-29  authority pursuant to NRS [706.8811] 706.881 to 706.885,

18-30  inclusive, and sections 12 and 13 of this act within that county.

18-31     3.  Within any such county, the provisions of this chapter which

18-32  confer regulatory authority over taxicab motor carriers upon the

18-33  Transportation Services Authority do not apply.

18-34     Sec. 32.  NRS 706.8811 is hereby amended to read as follows:

18-35     706.8811  As used in NRS 706.881 to 706.885, inclusive, and

18-36  sections 12 and 13 of this act, unless the context otherwise requires,

18-37  the words and terms defined in NRS 706.8812 to 706.8817,

18-38  inclusive, have the meanings ascribed to them in those sections.

18-39     Sec. 33.  (Deleted by amendment.)

18-40     Sec. 34.  NRS 706.8841 is hereby amended to read as follows:

18-41     706.8841  1.  The Administrator shall issue a driver’s permit

18-42  to qualified persons who wish to be employed by certificate holders

18-43  as taxicab drivers[.] and who comply with the requirements for the

18-44  issuance of a driver’s permit.

18-45     2.  Before issuing a driver’s permit, the Administrator shall:

19-1      (a) Require the applicant to submit a complete set of his

19-2  fingerprints[, which must be forwarded] and written permission

19-3  authorizing the Administrator to forward the fingerprints to the

19-4  Central Repository for Nevada Records of Criminal History for

19-5  submission to the Federal Bureau of Investigation to ascertain

19-6  whether the applicant has a criminal record and the nature of any

19-7  such record, and shall further investigate the applicant’s

19-8  background; and

19-9      (b) Require proof that the applicant:

19-10         (1) Has been a resident of the State for 30 days before his

19-11  application for a permit;

19-12         (2) Can read and orally communicate in the English

19-13  language; and

19-14         (3) Has a valid license issued under NRS 483.325 which

19-15  authorizes him to drive a taxicab in this state.

19-16     [2.] 3.  The Administrator may refuse to issue a driver’s permit

19-17  if the applicant has been convicted of:

19-18     (a) A felony, other than a felony involving any sexual offense,

19-19  in this state or any other jurisdiction within 5 years before the date

19-20  of the application;

19-21     (b) A felony involving any sexual offense in this state or any

19-22  other jurisdiction at any time before the date of the application; or

19-23     (c) A violation of NRS 484.379 or 484.3795 , or a law of any

19-24  other jurisdiction that prohibits the same or similar conduct , within

19-25  3 years before the date of the application.

19-26     [3.] 4.  The Administrator may refuse to issue a driver’s permit

19-27  if the Administrator, after the background investigation of the

19-28  applicant, determines that the applicant is morally unfit or if the

19-29  issuance of the driver’s permit would be detrimental to public

19-30  health, welfare or safety.

19-31     [4.] 5.  A taxicab driver shall pay to the Administrator, in

19-32  advance, $20 for an original driver’s permit and $5 for a renewal.

19-33     Sec. 35.  NRS 706.885 is hereby amended to read as follows:

19-34     706.885  1.  Any person who knowingly makes or causes to be

19-35  made, either directly or indirectly, a false statement on an

19-36  application, account or other statement required by the Taxicab

19-37  Authority or the Administrator or who violates any of the provisions

19-38  of NRS 706.881 to 706.885, inclusive, and sections 12 and 13 of

19-39  this act is guilty of a misdemeanor.

19-40     2.  The Taxicab Authority or Administrator may at any time, for

19-41  good cause shown and upon at least 5 days’ notice to the grantee of

19-42  any certificate or driver’s permit, and after a hearing unless waived

19-43  by the grantee, penalize the grantee of a certificate to a maximum

19-44  amount of $15,000 or penalize the grantee of a driver’s permit to a

20-1  maximum amount of $500 , or suspend or revoke the certificate or

20-2  driver’s permit granted by it or him, respectively, for:

20-3      (a) Any violation of any provision of NRS 706.881 to 706.885,

20-4  inclusive, and sections 12 and 13 of this act or any regulation of the

20-5  Taxicab Authority or Administrator.

20-6      (b) Knowingly permitting or requiring any employee to violate

20-7  any provision of NRS 706.881 to 706.885, inclusive, and sections

20-8  12 and 13 of this act or any regulation of the Taxicab Authority or

20-9  Administrator.

20-10  If a penalty is imposed on the grantee of a certificate pursuant to this

20-11  section, the Taxicab Authority or Administrator may require the

20-12  grantee to pay the costs of the proceeding, including investigative

20-13  costs and attorney’s fees.

20-14     3.  When a driver or certificate holder fails to appear at the time

20-15  and place stated in the notice for the hearing, the Administrator shall

20-16  enter a finding of default. Upon a finding of default, the

20-17  Administrator may suspend or revoke the license, permit or

20-18  certificate of the person who failed to appear and impose the

20-19  penalties provided in this chapter. For good cause shown, the

20-20  Administrator may set aside a finding of default and proceed with

20-21  the hearing.

20-22     4.  Any person who operates or permits a taxicab to be operated

20-23  in passenger service without a certificate of public convenience and

20-24  necessity issued pursuant to NRS 706.8827[,] is guilty of a gross

20-25  misdemeanor. If a law enforcement officer witnesses a violation of

20-26  this subsection, [he] the law enforcement officer may cause the

20-27  vehicle to be towed immediately from the scene[.] and impounded

20-28  in accordance with NRS 706.88395.

20-29     5.  The conviction of a person pursuant to [subsection 1] this

20-30  chapter does not bar the Taxicab Authority [or] , the Administrator ,

20-31  or another agency or officer from seeking a civil remedy or

20-32  penalty, imposing an administrative fine, or suspending or

20-33  revoking any certificate, permit or license of the person convicted.

20-34  The imposition of a civil remedy or penalty or an administrative

20-35  fine or the suspension or revocation of any certificate, permit or

20-36  license by the Taxicab Authority [or] , the Administrator , or

20-37  another agency or officer does not operate as a defense in any

20-38  criminal proceeding brought [under subsection 1.] pursuant to this

20-39  chapter.

20-40     Sec. 36.  NRS 268.097 is hereby amended to read as follows:

20-41     268.097  1.  Except as otherwise provided in [subsections 2

20-42  and 3,] this section, notwithstanding the provisions of any local,

20-43  special or general law, after July 1, 1963, the governing body of any

20-44  incorporated city in this state, whether incorporated by general or

20-45  special act[,] or otherwise, may not supervise or regulate any

21-1  taxicab motor carrier as defined in NRS 706.126 which is under the

21-2  supervision and regulation of the Transportation Services Authority

21-3  pursuant to law.

21-4      2.  The governing body of any incorporated city in this state,

21-5  whether incorporated by general or special act[,] or otherwise, may

21-6  fix, impose and collect a license tax on and from a taxicab motor

21-7  carrier for revenue purposes only.

21-8      3.  The governing body of any incorporated city in any county

21-9  in which the provisions of NRS [706.8811] 706.881 to 706.885,

21-10  inclusive, and sections 12 and 13 of this act do not apply, whether

21-11  incorporated by general or special act[,] or otherwise, may regulate

21-12  by ordinance the qualifications required of employees or lessees of a

21-13  taxicab motor carrier in a manner consistent with the provisions of

21-14  NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive,

21-15  of this act and the regulations adopted by the Transportation

21-16  Services Authority.

21-17     Sec. 37.  1.  Notwithstanding the provisions of this act, before

21-18  March 1, 2004, if a person is not in compliance with the provisions

21-19  of sections 6 to 11, inclusive, of this act, a fully regulated carrier of

21-20  passengers may employ, enter into a lease with, or require or allow

21-21  the person to be a driver of the fully regulated carrier of passengers

21-22  and the person may operate as a driver of the fully regulated carrier

21-23  of passengers without being in compliance with the provisions of

21-24  sections 6 to 11, inclusive, of this act.

21-25     2.  On and after March 1, 2004, each fully regulated carrier of

21-26  passengers and each person who is or who wishes to be a driver of a

21-27  fully regulated carrier of passengers shall comply with the

21-28  provisions of sections 6 to 11, inclusive, of this act.

21-29     Sec. 38.  1.  Notwithstanding the provisions of this act, before

21-30  March 1, 2004, the provisions of this act do not preempt any

21-31  ordinance enacted pursuant to NRS 268.097 which regulates the

21-32  qualifications of a driver of a taxicab motor carrier.

21-33     2.  On and after March 1, 2004, the provisions of this act do not

21-34  preempt any ordinance enacted pursuant to NRS 268.097 which

21-35  regulates the qualifications of a driver of a taxicab motor carrier if

21-36  the ordinance may be enforced in a manner consistent with the

21-37  provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to

21-38  11, inclusive, of this act and the regulations adopted by the

21-39  Transportation Services Authority.

21-40     Sec. 39.  1.  This act becomes effective upon passage and

21-41  approval.

21-42     2.  The provisions of sections 7, 8, 12 and 13 of this act expire

21-43  by limitation on the date on which the provisions of 42 U.S.C. § 666

21-44  requiring each state to establish procedures under which the State

22-1  has authority to withhold or suspend, or to restrict the use of

22-2  professional, occupational and recreational licenses of persons who:

22-3      (a) Have failed to comply with a subpoena or warrant relating to

22-4  a procedure to determine the paternity of a child or to establish or

22-5  enforce an obligation for the support of a child; or

22-6      (b) Are in arrears in the payment for the support of one or more

22-7  children,

22-8  are repealed by the Congress of the United States.

 

22-9  H