Senate Bill No. 478–Committee on Transportation

 

(On Behalf of the Department of Public Safety)

 

March 24, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Authorizes Department of Public Safety to adopt certain regulations relating to motor carriers. (BDR 58‑524)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Department of Public Safety; authorizing the Department to adopt certain regulations relating to motor carriers; clarifying the duty of the Department to enforce certain provisions relating to motor carriers; 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. NRS 706.151 is hereby amended to read as follows:

1-2  706.151  1.  It is hereby declared to be the purpose and policy

1-3  of the Legislature in enacting this chapter:

1-4  (a) Except to the extent otherwise provided in NRS 706.881 to

1-5  706.885, inclusive, to confer upon the Authority the power and to

1-6  make it the duty of the Authority to regulate fully regulated carriers,

1-7  operators of tow cars and brokers of regulated services to the extent

1-8  provided in this chapter and to confer upon the Department of

1-9  Motor Vehicles the power to license all motor carriers and to make

1-10  it the duty of the Department of Motor Vehicles and the

1-11  Department of Public Safety to enforce the provisions of this

1-12  chapter and the regulations adopted by the Authority pursuant to it,

1-13  to relieve the undue burdens on the highways arising by reason of

1-14  the use of the highways by vehicles in a gainful occupation thereon.

2-1  (b) To provide for reasonable compensation for the use of the

2-2  highways in gainful occupations, and enable the State of Nevada, by

2-3  using license fees, to provide for the proper construction,

2-4  maintenance and repair thereof, and thereby protect the safety and

2-5  welfare of the traveling and shipping public in their use of the

2-6  highways.

2-7  (c) To provide for fair and impartial regulation, to promote safe,

2-8  adequate, economical and efficient service and to foster sound

2-9  economic conditions in motor transportation.

2-10      (d) To encourage the establishment and maintenance of

2-11  reasonable charges for:

2-12          (1) Intrastate transportation by fully regulated carriers; and

2-13          (2) Towing services performed without the prior consent of

2-14  the owner of the vehicle or the person authorized by the owner to

2-15  operate the vehicle,

2-16  without unjust discriminations against or undue preferences or

2-17  advantages being given to any motor carrier or applicant for a

2-18  certificate of public convenience and necessity.

2-19      (e) To discourage any practices which would tend to increase or

2-20  create competition that may be detrimental to the traveling and

2-21  shipping public or the motor carrier business within this state.

2-22      2.  All of the provisions of this chapter must be administered

2-23  and enforced with a view to carrying out the declaration of policy

2-24  contained in this section.

2-25      Sec. 2.  NRS 706.169 is hereby amended to read as follows:

2-26      706.169  1.  The Department of Motor Vehicles and the

2-27  Department of Public Safety shall[:

2-28      1.  Regulate] regulate the activities of common and contract

2-29  carriers of property other than fully regulated carriers and operators

2-30  of tow cars.

2-31      2.  [Regulate] The Department of Motor Vehicles shall

2-32  regulate the licensing of private motor carriers of property used for

2-33  private commercial enterprises on any highway in this state.

2-34      Sec. 3.  NRS 706.171 is hereby amended to read as follows:

2-35      706.171  1.  The Authority , [and] the Department of Motor

2-36  Vehicles and the Department of Public Safety may:

2-37      (a) Make necessary and reasonable regulations governing the

2-38  administration and enforcement of the provisions of this chapter for

2-39  which they are each responsible.

2-40      (b) Adopt by reference any appropriate rule or regulation, as it

2-41  exists at the time of adoption, issued by the United States

2-42  Department of Transportation, the Surface Transportation Board,

2-43  any other agency of the Federal Government, or the National

2-44  Association of Regulatory Utility Commissioners.

3-1  (c) Require such reports and the maintenance of such records as

3-2  they determine to be necessary for the administration and

3-3  enforcement of this chapter.

3-4  (d) Except as otherwise provided in this section, examine, at any

3-5  time during the business hours of the day, the books, papers and

3-6  records of any fully regulated carrier, and of any other common,

3-7  contract or private motor carrier doing business in this state to the

3-8  extent necessary for their respective duties. The Authority [and] ,

3-9  the Department of Motor Vehicles and the Department of Public

3-10  Safety may examine in other states or require by subpoena the

3-11  production inside this state of such books, papers and records as are

3-12  not maintained in this state.

3-13      (e) Temporarily waive any requirement for a certificate or

3-14  permit when an emergency exists as defined in NRS 706.561.

3-15      2.  No personnel records of an employee of a fully regulated

3-16  carrier, or of any other common, contract or private motor carrier

3-17  may be examined pursuant to paragraph (d) of subsection 1 unless

3-18  the records contain information relating to a matter of public safety

3-19  or the Authority , the Department of Motor Vehicles andthe

3-20  Department of Public Safety determine that the examination is

3-21  required to protect the interests of the public.

3-22      3.  The Department of Motor Vehicles may adopt regulations to

3-23  ensure the payment of any fee due or authorized pursuant to the

3-24  provisions of this chapter.

3-25      4.  As used in this section, “personnel records” does not

3-26  include:

3-27      (a) The name of the employee who is the subject of the record;

3-28      (b) The gross compensation and perquisites of the employee;

3-29      (c) Any record of the business expenses of the employee;

3-30      (d) The title or any description of the position held by the

3-31  employee;

3-32      (e) The qualifications required for the position held by the

3-33  employee;

3-34      (f) The business address of the employee;

3-35      (g) The telephone number of the employee at his place of

3-36  business;

3-37      (h) The work schedule of the employee;

3-38      (i) The date on which the employee began his employment; and

3-39      (j) If applicable, the date on which the employment of the

3-40  employee was terminated.

3-41      Sec. 4.  NRS 706.173 is hereby amended to read as follows:

3-42      706.173  1.  The Authority , the Department of Motor

3-43  Vehicles or the Department of Public Safety may, by regulation

3-44  applicable to common, contract and private motor carriers of

4-1  passengers and property, adopt standards for safety for drivers and

4-2  vehicles.

4-3  2.  The Department of Motor Vehicles or the Department of

4-4  Public Safety may, by regulation applicable to all motor vehicles

4-5  transporting hazardous materials, adopt standards for the

4-6  transportation of hazardous materials and hazardous waste as

4-7  defined in NRS 459.430.

4-8  Sec. 5.  NRS 706.231 is hereby amended to read as follows:

4-9  706.231  Sheriffs and all other peace officers and traffic officers

4-10  of this state are charged with the duty, without further

4-11  compensation, of assisting in the enforcement of this chapter. They

4-12  shall make arrests for this purpose when requested by an authorized

4-13  agent of the Department[,] of Motor Vehicles, the Department of

4-14  Public Safety, the Authority or other competent authority.

4-15      Sec. 6.  NRS 706.235 is hereby amended to read as follows:

4-16      706.235  1.  Whenever a peace officer detains the driver of a

4-17  heavy-duty motor vehicle for a violation of any provision of this

4-18  chapter or any other specific statute or regulation relating to the

4-19  equipment, lights, brakes, tires, mechanisms or safety appliances

4-20  required of such a vehicle, the peace officer shall, in lieu of arresting

4-21  the driver, prepare manually or electronically and issue a citation, a

4-22  notice of correction, or both. If a notice of correction is issued, it

4-23  must set forth the violation with particularity and specify the

4-24  corrective action which must be taken.

4-25      2.  If, at the time of the issuance of a citation or a notice of

4-26  correction, the peace officer determines that the vehicle is unsafe

4-27  and poses an immediate threat to the life of the driver or any other

4-28  person upon a public highway, the peace officer may require that the

4-29  vehicle be taken to the nearest garage or other place where the

4-30  vehicle may be safely repaired. If the vehicle is transporting wet

4-31  concrete or other perishable cargo and does not pose an immediate

4-32  threat to life, and if the destination of the vehicle is within a distance

4-33  of not more than 15 miles, the peace officer shall not delay the

4-34  vehicle for more than 15 minutes and shall permit the vehicle to

4-35  proceed to its destination and unload its cargo. Upon the arrival of

4-36  the vehicle at its destination, the peace officer may order that the

4-37  vehicle be taken, after the cargo of the vehicle has been unloaded, to

4-38  the nearest garage or other place where the vehicle may be safely

4-39  repaired.

4-40      3.  As used in this section:

4-41      (a) “Heavy-duty motor vehicle” means a motor vehicle which:

4-42          (1) Has a manufacturer’s gross vehicle weight rating of

4-43  10,000 pounds or more; and

5-1       (2) Is owned or leased by or otherwise used in the regular

5-2  course of the business of a common, contract or private motor

5-3  carrier.

5-4  (b) “Peace officer” means:

5-5       (1) A peace officer or an inspector of the Department[;] of

5-6  Motor Vehicles or Department of Public Safety; or

5-7       (2) A sheriff, peace officer or traffic officer assisting in the

5-8  enforcement of the provisions of this chapter.

5-9  Sec. 7.  NRS 706.246 is hereby amended to read as follows:

5-10      706.246  Except as otherwise provided in NRS 706.235:

5-11      1.  A common or contract motor carrier shall not permit or

5-12  require a driver to drive or tow any vehicle revealed by inspection or

5-13  operation to be in such condition that its operation would be

5-14  hazardous or likely to result in a breakdown of the vehicle, and a

5-15  driver shall not drive or tow any vehicle which by reason of its

5-16  mechanical condition is so imminently hazardous to operate as to be

5-17  likely to cause an accident or a breakdown of the vehicle. If, while

5-18  any vehicle is being operated on a highway, it is discovered to be in

5-19  such an unsafe condition, it may be continued in operation, except

5-20  as further limited by subsection 2, only to the nearest place where

5-21  repairs can safely be effected, and even that operation may be

5-22  conducted only if it is less hazardous to the public than permitting

5-23  the vehicle to remain on the highway.

5-24      2.  A common or contract motor carrier or private motor carrier

5-25  shall not permit or require a driver to drive or tow, and a driver shall

5-26  not drive or tow, any vehicle which:

5-27      (a) By reason of its mechanical condition is so imminently

5-28  hazardous to operate as to be likely to cause an accident or a

5-29  breakdown; and

5-30      (b) Has been declared “out of service” by an authorized

5-31  employee of the Authority , the Department of Motor Vehicles or

5-32  the Department[.] of Public Safety.

5-33  When the repairs have been made, the carrier shall so certify to the

5-34  Authority or the Department[, whichever agency] that declared the

5-35  vehicle “out of service,” as required by the Authority or [the] that

5-36  Department.

5-37      Sec. 8.  This act becomes effective on July 1, 2003.

 

5-38  H