2005 Nevada Revised Statutes - Chapter 706 — Motor Carriers

CHAPTER 706 - MOTOR CARRIERS

REGULATION AND LICENSING OF MOTOR CARRIERS

General Provisions

NRS 706.011 Definitions.

NRS 706.013 Advertisedefined.

NRS 706.016 Ambulancedefined.

NRS 706.018 Authoritydefined.

NRS 706.021 Brokerdefined.

NRS 706.026 Citydefined.

NRS 706.031 Commissiondefined.

NRS 706.036 Commonmotor carrier defined.

NRS 706.041 Commonmotor carrier of passengers defined.

NRS 706.046 Commonmotor carrier of property defined.

NRS 706.051 Contractmotor carrier defined.

NRS 706.056 Convertergear dolly defined.

NRS 706.058 Declaredgross weight defined.

NRS 706.061 Departmentdefined.

NRS 706.066 Driveaway-towawaydefined.

NRS 706.071 Farmvehicle defined.

NRS 706.072 Fullyregulated carrier defined.

NRS 706.074 Hazardousmaterial defined.

NRS 706.076 Hearsedefined.

NRS 706.081 Highwaydefined.

NRS 706.085 Householdgoods defined.

NRS 706.091 Motorconvoy carrier defined.

NRS 706.096 Motorvehicle defined.

NRS 706.101 Operatordefined.

NRS 706.111 Privatemotor carrier of property defined.

NRS 706.116 Semitrailerdefined.

NRS 706.121 Specialmobile equipment defined.

NRS 706.124 Taxicabdefined.

NRS 706.126 Taxicabmotor carrier defined.

NRS 706.127 Tiltbed defined.

NRS 706.131 Towcar defined.

NRS 706.132 Towingservices defined.

NRS 706.136 Trailerdefined.

NRS 706.137 Transportationof household goods defined.

NRS 706.141 Unladenweight defined.

NRS 706.146 Vehicledefined.

NRS 706.151 Legislativedeclaration of purpose.

NRS 706.1511 Authority:Creation; appointment, terms and qualifications of members; restriction onother employment of members; members serve at pleasure of Governor.

NRS 706.1512 Authority:Designation of Chairman by Governor; Executive Officer; members in unclassifiedservice of State.

NRS 706.1513 Suitsby and against Authority.

NRS 706.1514 Authority:Power of majority of members; exercise of power and conduct of business bymajority of members; hearings.

NRS 706.1515 Authority:Expenses of investigations, inspections, audits and appearances made outsideState.

NRS 706.1516 TransportationServices Authority Regulatory Fund: Creation; deposits; use; claims;statements.

NRS 706.1517 Authority:Employees who are peace officers may carry firearms.

NRS 706.1518 Authority:Biennial report; records open to public.

NRS 706.156 Certaincarriers and brokers declared affected with public interest and subject toregulation; resale of transportation services.

NRS 706.158 Inapplicabilityof provisions governing brokers to motor clubs, charitable organizations andcertain other brokers of transportation services.

NRS 706.163 Applicabilityof certain provisions to governmental vehicles.

Administration and Enforcement

NRS 706.166 Supervisionand regulation of fully regulated carriers, brokers of regulated services andoperators of tow cars by Authority; enforcement of standards of safety.

NRS 706.167 Dutyof motor carriers to furnish information and annual report.

NRS 706.1675 Annualreports, records and statements to be submitted under oath.

NRS 706.168 Supervisionof motor carriers separate from supervision of brokers.

NRS 706.169 Regulationof certain carriers by Department of Motor Vehicles and Department of PublicSafety.

NRS 706.171 Generalpowers of Authority, Department of Motor Vehicles and Department of PublicSafety: Regulations; reports and records; examinations and subpoenas; temporarywaivers.

NRS 706.1715 Dutiesof Attorney General and district attorneys.

NRS 706.1717 Cooperationwith federal and state agencies; payment of expenses incurred for jointconferences and meetings held out of State.

NRS 706.172 Examinationof records and other property of persons regulated by Authority; exception.

NRS 706.1725 Disclosureof records subject to examination: Requirements; conditions.

NRS 706.173 Regulationsconcerning safety for drivers and vehicles; regulations concerningtransportation of hazardous materials and hazardous waste.

NRS 706.176 Employmentof personnel by Authority.

NRS 706.186 Licensingof motor carriers by Department.

NRS 706.196 Reportsto Department; preservation of records.

NRS 706.197 Feesfor filing documents.

NRS 706.201 Costsof administration.

NRS 706.211 Depositand use of money collected.

 

Regulation of Motor Carriers Generally

NRS 706.221 NRS 706.011 to 706.791, inclusive, not construed as lawfor registration of motor vehicles.

NRS 706.226 Complianceof motor carriers and brokers of regulated services with provisions of chapter.

NRS 706.231 Peaceand traffic officers to assist in enforcement.

NRS 706.235 Issuanceof citation or notice of correction to driver of heavy-duty motor vehicledetained for violation.

NRS 706.246 Limitationson use of unsafe vehicle.

NRS 706.251 Reportof accident: Requirements; preservation; confidentiality.

NRS 706.256 Powerof Authority to order repairs of facilities and use of safety appliances.

NRS 706.266 Intrastatemotor carriers required to furnish information to Authority.

NRS 706.271 Motorvehicle exceeding limit on size, weight or load not to be licensed or permittedto operate.

NRS 706.276 Vehiclesto be weighed by public weighmaster or Department; fee; applicability of chapter 582 of NRS.

NRS 706.281 Nameof operator to be prominently displayed on vehicle; exceptions.

NRS 706.282 Dutyof fully regulated carrier that advertises to provide to person who publishesor distributes advertisement of certain information regarding natural personwho requested advertisement; duty of person who publishes or distributesadvertisement of fully regulated carrier to provide certain information toAuthority.

NRS 706.285 Advertisingmust include number of certificate or permit.

NRS 706.2855 Injunctionprohibiting person from advertising without including number of certificate orpermit.

NRS 706.286 Complaintagainst fully regulated carrier or operator of tow car: Investigation byAuthority; notice and hearing.

NRS 706.2865 Noticeof matters pending before Authority; power of Authority to dispense withhearing.

NRS 706.2873 Recordof hearings: Recording and transcription of testimony; copies to be filed withcourt clerk and furnished to parties; costs.

NRS 706.2875 Orderfor appearance of witnesses or production of materials; payment of fees andmileage claims by witnesses.

NRS 706.288 Orderfor production of books, accounts, papers or records.

NRS 706.2883 Personaggrieved by action or inaction of Taxicab Authority entitled to judicialreview; regulations of Transportation Services Authority regarding its reviewof decisions of Taxicab Authority.

NRS 706.2885 Suspensionor revocation of certificate, permit or license; notice and hearing;conditions; judicial review.

 

Liability Insurance, Bonds and Security

NRS 706.291 Liabilityinsurance to be provided by certain motor carriers; Authority to designateamounts; Authority and Department jointly to prescribe amounts and forms byregulation.

NRS 706.296 Dutyof carrier engaged in intrastate transportation and collecting purchase priceon delivery of goods sold by shipper to file bond with Authority.

NRS 706.303 Liabilityinsurance to be provided by operators of horse-drawn vehicles; amount of coverage.

NRS 706.305 Liabilityinsurance to be provided by operators of taxicabs; amount of coverage.

NRS 706.3052 Operatorof taxicab may provide self-insurance; exception.

NRS 706.3054 Operatorof taxicab may file bond in lieu of insurance.

NRS 706.3056 Operatorof taxicab may deposit security with Department in lieu of insurance.

NRS 706.3058 Permittedforms of security.

NRS 706.306 Maintenanceof security; affidavit required upon relinquishment of certificate ofself-insurance.

 

Rates and Service

NRS 706.311 Motorcarriers and operators of tow cars to provide adequate service and facilities;charges to be just and reasonable; unjust and unreasonable charges unlawful.

NRS 706.321 Schedulesof rates, fares and charges.

NRS 706.323 Limitationon power of Authority to regulate rates.

NRS 706.326 Hearingby Authority concerning propriety of new rate, fare, charge or service;suspension of operation of new schedule; order of Authority.

NRS 706.331 Authoritymay order substitution of just and reasonable rates, regulations and practicesafter investigation and hearing.

NRS 706.341 Operatorof tow car required to notify Authority of discontinuance of towing services;common motor carrier may not discontinue service without order of Authority.

NRS 706.346 Printingand posting of schedule and joint rates.

NRS 706.351 Freeor reduced rates for transportation unlawful; exceptions.

NRS 706.356 Certainfree transportation prohibited.

NRS 706.361 Personswith disabilities entitled to full and equal enjoyment of facilities of publictransportation; unlawful denial of services and facilities.

NRS 706.366 Unlawfulto refuse service of public transportation or charge additional fee or depositto certain persons accompanied by service animal or service animal in training;remedies.

NRS 706.371 Powersof Authority to regulate contract motor carriers.

 

Certificates of Public Convenience and Necessity

NRS 706.386 Fullyregulated common motor carrier and operator of tow car required to obtaincertificate.

NRS 706.391 Applicationfor issuance or modification of certificate to operate as common motor carrier:Hearing; standards for reviewing application; duties of applicant; powers ofAuthority.

NRS 706.396 Effectof denial of certificate.

NRS 706.398 Revocationor suspension of certificate: Failure to file annual report to operate underterms and conditions of certificate or to comply with provisions of chapter orregulations of Authority.

NRS 706.411 Orderof Authority prima facie lawful from date of order.

 

Permits for Contract Carriers

NRS 706.421 Contractmotor carrier must obtain permit from Commission.

NRS 706.426 Applicationfor permit: Contents and form.

NRS 706.431 Conditionsfor issuance or denial of permit; approval of contract entered into afterissuance of permit.

NRS 706.436 Effectof denial of permit.

 

Written Approval for Common Carriers of Property

NRS 706.437 Certaincommon carriers of property to obtain written approval from Department.

NRS 706.438 Conditionsfor issuance of written approval.

NRS 706.439 Departmentauthorized to issue written approval at time of registration or licensing ofcarriers fleet.

NRS 706.4395 Cancellationof written approval.

 

Intrastate Transportation or Storage of Household Goods

NRS 706.442 Requirements.

NRS 706.443 Enforcementof provisions of NRS 706.442 byAuthority; regulations.

 

Tow Cars

NRS 706.445 Limitationson power of Authority to regulate towing services.

NRS 706.446 Certainoperators of tow cars not required to obtain certificates of public convenienceand necessity.

NRS 706.4463 Requirementsfor operators of tow cars: Certificates of public convenience and necessity;size and weight of tow cars; applications for certificates.

NRS 706.4464 Transferof certificate of public convenience and necessity: Conditions; application;hearing; approval.

NRS 706.4465 Operatorof tow car required to maintain dispatchers log.

NRS 706.4467 Requirementsfor towing and storing towed motor vehicles, cargo and personal property.

NRS 706.4468 Operatorof tow car required to file charges for preparing or satisfying liens withAuthority; conditions for imposing charges.

NRS 706.4469 Releaseof motor vehicle connected to tow car at point of origination of towing.

NRS 706.4473 Operatorrequired to inform owner of towed motor vehicle of right to file complaint withAuthority.

NRS 706.4475 Operatorprohibited from knowingly towing vehicle after another operator alreadyrequested.

NRS 706.4477 Conditionsfor person other than owner of motor vehicle to request towing.

NRS 706.4479 Dutiesof operator if motor vehicle towed at request of person other than owner;limitations on certain fees and charges.

NRS 706.4483 Authorityto act upon complaints relating to operators of tow cars; remedies.

NRS 706.4485 Conditionsfor inclusion of operator of tow car on list maintained and used by lawenforcement agency; rates charged to law enforcement agencies; Nevada Highway Patrol prohibited from removing operator from list or restricting use of operatorunder certain circumstances.

NRS 706.449 Administrativefine for failure to pay charge for cleaning roadway after accident.

NRS 706.451 Annualfee; penalty and interest.

NRS 706.453 Exemptionof certain automobile wreckers.

 

Subpoenas; Orders to Cease and Desist

NRS 706.457 Authoritymay subpoena certain persons who have not obtained certificate of publicconvenience and necessity or permit.

NRS 706.458 Enforcementof subpoena.

NRS 706.461 Investigationof operations and advertising; hearing; order to cease and desist.

 

Charter Buses

NRS 706.463 Regulationof owner or operator of charter bus which is not fully regulated carrier:Safety; liability insurance and bonds; schedules and tariffs.

 

Limousines

NRS 706.465 Annualfee.

 

Taxicab Motor Carriers

NRS 706.471 Annualfee; penalty and interest.

NRS 706.473 Leasingof taxicab to independent contractor: Authorization in certain counties;limitations; approval of agreement; liability for violations; intervention incivil action by Authority.

NRS 706.475 Leasingof taxicab to independent contractor: Regulations of Authority.

 

Impoundment of Vehicles Used in Passenger Service

NRS 706.476 Impoundmentby Authority of vehicle in unauthorized use as taxicab; notice and hearing;administrative fine.

NRS 706.478 Short-termlessor not liable for fine or penalty related to impoundment of vehicle inunauthorized use as taxicab if vehicle in care, custody or control of lessee;evidence of care, custody or control; release of vehicle to short-term lessor.

 

Licenses and Fees

NRS 706.481 Operatorof motor vehicle within provisions of chapter deemed owner; joint and severalliability of lessor and lessee for fees, taxes, penalties and interest.

NRS 706.491 Motorcarrier must be licensed.

NRS 706.521 Temporarypermit for certain motor vehicles; fee.

NRS 706.531 Combinationsof vehicles: Special identifying devices; display; transfer; fee; penalties.

NRS 706.541 Purchaseof temporary permit required from nearest available vendor to point of entry,before entering State or from first vendor along scheduled route.

NRS 706.546 Chargefor credit allowed against subsequent fees.

NRS 706.561 Temporarywaiver of fees in emergency.

NRS 706.566 Civilaction for collection of unpaid fees.

NRS 706.571 Procedurefor refund of fee, penalty or interest.

NRS 706.576 Injunctionor other process to prevent collection of fees prohibited; action to recoveramount paid under protest.

NRS 706.581 Actionto recover amount paid: Time to sue; waiver of right; consideration of groundsof illegality.

NRS 706.586 Judgmentfor plaintiff: Disposition of amount; interest.

NRS 706.591 Issuanceof writ of attachment; bond or affidavit not required.

NRS 706.596 Evidentiaryeffect of verified claim of Department.

NRS 706.601 Delinquentfees, interest and penalties constitute lien against motor vehicle; time ofattachment of lien; Department to notify registered owner before seizure andsale of vehicle; hearing.

NRS 706.606 Durationof lien.

NRS 706.611 Priorityof lien.

NRS 706.616 Transferof ownership or license: Issuance of certificate of registration or title ortransfer of license prohibited until Department certifies removal of lien.

NRS 706.621 Noticeby Department to person controlling credits or property of delinquent licensee;limitations on transfer or disposition of property.

NRS 706.626 Revocationor denial of license: Notice and hearing.

NRS 706.631 Remediesof State cumulative; election of remedies.

 

Transfer of Certificates, Permits and Licenses

NRS 706.6411 Procedure;limitation on transfer of stock of corporate motor carriers other thanoperators of tow cars.

 

Limitations on Hours of Service for Certain Drivers

NRS 706.672 Definitions.

NRS 706.675 Commercialmotor vehicle defined.

NRS 706.678 Intrastatedriver defined.

NRS 706.682 Limitationson intrastate drivers of commercial motor vehicles.

NRS 706.687 Exemptionfor intrastate drivers of commercial motor vehicles for certain emergencies.

NRS 706.692 Limitationson drivers of other regulated motor vehicles.

 

Exemptions

NRS 706.736 Exemptionof certain vehicles and transportation from provisions regulating certain motorcarriers; applicability of certain provisions.

NRS 706.741 Exemptionof certain vehicles used in business of resort hotel that holds nonrestrictedgaming license; requirements regarding inspection of such vehicles.

NRS 706.745 Exemptionof ambulances, hearses and certain carriers from requirements of NRS 706.386 and 706.421; exemption of certain carriers andpublic entities from requirement to obtain certificate of public convenience andnecessity; conditions and limitations on exemptions.

NRS 706.749 Permitfor employer transporting employees between place of work and homes or centralareas for parking; requirements.

 

Violations and Penalties

NRS 706.756 Unlawfulacts; criminal penalties.

NRS 706.758 Unlawfulfor person to advertise services for which certificate or permit is requiredunless person holds certificate or permit; orders to cease and desist unlawfuladvertising; procedure for disconnecting or changing telephone or paging numberincluded in unlawful advertising.

NRS 706.761 Civilpenalty for failure to furnish report or allow inspection of books.

NRS 706.766 Receiptof compensation not in conformity with rates filed with Authority unlawful;granting of rebate or special privilege unlawful.

NRS 706.771 Civilpenalty or administrative fine for certain violations.

NRS 706.776 Limitationon hours of driving set by Authority or Department; enforcement. [Replaced inrevision by NRS 706.692.]

NRS 706.779 Movementof vehicle by Authority after stopping driver for violation of certainprovisions.

NRS 706.781 Additionalcivil remedies.

 

Additional Assessments of Fees

NRS 706.791 Additionalor estimated assessment of fees: Interest; penalties; notice; redeterminations.

APPORTIONMENT OF FEES FOR INTERSTATE USERS OF HIGHWAYS

NRS 706.801 Shorttitle.

NRS 706.806 Definitions.

NRS 706.811 Declarationof legislative policy.

NRS 706.813 Applicabilityof NRS 706.801 to 706.861, inclusive.

NRS 706.816 Uniforminterpretation of NRS 706.801 to 706.861, inclusive.

NRS 706.821 Powerof Department to make rules and regulations.

NRS 706.826 Agreementsby Department with departments of other states and countries.

NRS 706.836 Paymentof fees to Department.

NRS 706.841 Application:Contents; computation of fee.

NRS 706.846 Registrationof vehicles; issuance of licenses or other devices.

NRS 706.851 Registrationof vehicle in fleet after final date for annual payment of fees.

NRS 706.861 Determinationof mileage proportions for fleet not registered during preceding year;application.

REGULATIONS FOR OPERATION OF TAXICABS IN CERTAIN COUNTIES

General Provisions

NRS 706.881 Applicabilityof NRS 706.8811 to 706.885, inclusive.

NRS 706.8811 Definitions.

NRS 706.8812 Administratordefined.

NRS 706.8813 Certificateholder defined.

NRS 706.8814 Driverdefined.

NRS 706.8816 Taxicabdefined.

NRS 706.8817 Taximeterdefined.

 

Taxicab Authority

NRS 706.8818 Appointment,number, terms, qualifications and compensation of members; principal office;regulations.

NRS 706.88182 Adoptionof regulations establishing program for transportation of elderly persons andpermanently handicapped persons.

NRS 706.88185 Investigationof alleged violation; hearing; cease and desist order; enforcement of order.

NRS 706.8819 Hearingsand final decisions; jurisdiction; appeals from final decisions.

 

Taxicab Administrator

NRS 706.882 Appointment;classification; removal; restrictions on other employment.

NRS 706.8821 Powersand duties; employees.

NRS 706.8822 Administrativehearings and final decisions; jurisdiction; appeals to Taxicab Authority.

NRS 706.88235 Issuanceand enforcement of subpoenas; depositions.

 

Allocation of Number of Taxicabs; Taxes; Fees

NRS 706.88237 Powerof Taxicab Authority to determine circumstances requiring temporary increase inallocation and to make such allocations.

NRS 706.8824 Allocationof number of taxicabs by Taxicab Authority: Factors for determination;limitations; annual review.

NRS 706.88245 Temporaryincrease in allocation of number of taxicabs by Taxicab Authority; factors fordetermination; regulations.

NRS 706.8825 TaxicabAuthority Fund: Creation; deposits; use; petty cash account.

NRS 706.8826 Revenueof city and county received from taxes imposed on businesses operating taxicabspayable to State; fees payable to State by holder of certificate for allocatedtaxicab.

 

Holders of Certificates of Public Convenience and Necessity:Requirements

NRS 706.8827 Certificateof public convenience and necessity required to engage in business of operatingtaxicabs; hearing on application; fee; conditions; effect of denial ofcertificate.

NRS 706.8828 Insurance.

NRS 706.8829 Uniformsystem of accounts; examination of books and accounts; fines; suspension orrevocation of certificate of public convenience and necessity.

NRS 706.883 Records.

NRS 706.8831 Listingfor telephone in telephone directory.

NRS 706.8832 Two-wayradio; central facilities for dispatching taxicabs.

NRS 706.8833 Colorscheme, insigne and design of cruising lights.

NRS 706.8834 Maximumperiod of use of vehicle as taxicab; condition of vehicle acquired for use astaxicab.

NRS 706.8835 Displayof schedule of fares, number of unit and name of holder of certificate.

NRS 706.8836 Taximeters.

NRS 706.8837 Standardsfor taxicabs before operation.

NRS 706.8838 Defectsin taxicab which limit operation.

NRS 706.8839 Inspections.

NRS 706.88395 Impoundmentby Administrator of vehicle in unauthorized use as taxicab; notice and hearing;administrative fine.

Regulation of Drivers

NRS 706.8841 Driverspermit: Issuance; fingerprints and qualifications of applicant; grounds forrefusal to issue permit; fees.

NRS 706.8842 Physicianscertificate: Issuance; renewal; health requirements.

NRS 706.8843 Conditionsof employment of driver by holder of certificate.

NRS 706.8844 Tripsheets.

NRS 706.8845 Standardsof conduct while on duty.

NRS 706.8846 Prohibitedacts concerning destination of passenger.

NRS 706.8847 Compliancewith passengers directions; exceptions.

NRS 706.8848 Sanctionsimposed by Administrator for certain violations; hearing.

NRS 706.8849 Prohibitedand required acts of drivers; imposition of sanctions; hearings.

 

Unlawful Acts; Penalties

NRS 706.885 Unlawfulacts; criminal penalties; disciplinary action by Taxicab Authority andAdministrator.

_________

 

REGULATION AND LICENSING OF MOTOR CARRIERS

General Provisions

NRS 706.011 Definitions. As used in NRS 706.011to 706.791, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1971, 687; A 1983, 538; 1985, 1843;1987, 1757, 2255; 1989, 210, 1786, 1787; 1993, 2650; 1995, 1512, 2612; 1997,1930, 2669; 1999, 492,1962; 2003, 3208; 2005, 942, 1353, 1930)

NRS 706.013 Advertisedefined. Advertise means the commercial useof any medium, including, but not limited to, the radio or television, or anewspaper, magazine, directory, sign or other printed matter, by a common orcontract motor carrier to bring the services of the carrier to the attention ofmembers of the general public.

(Added to NRS by 1989, 210; A 1997, 1543)

NRS 706.016 Ambulancedefined. Ambulance means a vehicle designedand used primarily for the transportation of injured or sick persons or deadbodies on stretchers, cots, beds or other devices for carrying persons in aprone position.

(Added to NRS by 1971, 687)

NRS 706.018 Authoritydefined. Authority means the TransportationServices Authority created pursuant to NRS706.1511.

(Added to NRS by 1997, 1923)

NRS 706.021 Brokerdefined.

1. Broker means a person who is not a common motorcarrier and not a bona fide employee or agent of any such carrier, who orwhich, as principal or agent, sells or offers for sale any transportation, ornegotiates for, or holds himself out or itself out by solicitation,advertisement or otherwise as one who sells, provides, furnishes, contracts orarranges for, such transportation.

2. Services and transportation to which subsection1 applies include all vehicles operated by, for, or in the interest of anymotor carrier irrespective of ownership or of contract, express or implied,together with all facilities and property operated or controlled by any suchcarrier or carriers and used in the transportation of passengers or property inintrastate commerce or in the performance of any service in connectiontherewith.

(Added to NRS by 1971, 687)

NRS 706.026 Citydefined. City means any unincorporated townor any city incorporated under the provisions of chapter266 of NRS or organized and existing under the provisions of any speciallegislative act or special charter enacted or granted pursuant to theprovisions of Section 1 of Article 8 of the Constitution of the State ofNevada.

(Added to NRS by 1971, 687)

NRS 706.031 Commissiondefined. Commission means the PublicUtilities Commission of Nevada.

(Added to NRS by 1971, 687; A 1997, 1930)

NRS 706.036 Commonmotor carrier defined. Common motor carriermeans any person or operator who holds himself out to the public as willing totransport by vehicle from place to place, either upon fixed route or on-calloperations, passengers or property, including a common motor carrier ofpassengers, a common motor carrier of property, and a taxicab motor carrier.

(Added to NRS by 1971, 687; A 1979, 916)

NRS 706.041 Commonmotor carrier of passengers defined. Commonmotor carrier of passengers means any person or operator, including a taxicabmotor carrier, who holds himself out to the public as willing to transport byvehicle from place to place, either upon fixed route or on-call operations,passengers or passengers and light express for all who may choose to employhim.

(Added to NRS by 1971, 687; A 1979, 916)

NRS 706.046 Commonmotor carrier of property defined. Commonmotor carrier of property means any person or operator, including a motorconvoy carrier, who holds himself out to the public as willing to transport bymotor vehicle from place to place, either upon fixed route or on-call operations,the property of all who may choose to employ him.

(Added to NRS by 1971, 688; A 1979, 916)

NRS 706.051 Contractmotor carrier defined. Contract motorcarrier means any person or operator engaged in transportation by motorvehicle of passengers or household goods for compensation pursuant tocontinuing contracts with one person or a limited number of persons:

1. For the furnishing of transportation servicesthrough the assignment of motor vehicles for a continuing period of time to theexclusive use of each person served;

2. For the furnishing of transportation servicesdesigned to meet the distinct need of each individual customer; and

3. Not operating as a common motor carrier ofpassengers or property.

(Added to NRS by 1971, 688; A 1997, 2669)

NRS 706.056 Convertergear dolly defined. Converter gear dollymeans a vehicle with a fifth wheel lower half or equivalent mechanism, theattachment of which converts a semitrailer to a trailer.

(Added to NRS by 1971, 688)

NRS 706.058 Declaredgross weight defined. Declared gross weightmeans the maximum gross weight at which the vehicle or combination of vehicleswill be operated, except the term does not include the weight of:

1. Another vehicle which is being carried or towed bya tow car;

2. Implements of husbandry;

3. A trailer or other towed vehicle which is not usedfor a commercial enterprise;

4. Towable tools or equipment, as that term is definedin NRS 484.202; or

5. The load on a farm vehicle which has an unladenweight of 10,000 pounds or more.

(Added to NRS by 1985, 1843; A 1987, 145; 1991, 2354)

NRS 706.061 Departmentdefined. Department means the Department ofMotor Vehicles.

(Added to NRS by 1971, 688; A 1985, 2001; 2001, 2637)

NRS 706.066 Driveaway-towawaydefined. Driveaway-towaway transportationmeans the driving of a motor vehicle in transit, singly under its own power, orin lawful combination by the tow bar, saddle mount or combinations thereof, orwhere a trailer or semitrailer in transit is being towed or drawn, and in theprocess of delivery.

(Added to NRS by 1971, 688)

NRS 706.071 Farmvehicle defined. Farm vehicle means anyvehicle or combination of vehicles which is:

1. Controlled and operated by a farmer or rancher;

2. Used to transport his own livestock, agriculturalproducts, or ranch or farm machinery or supplies to or from a ranch or farm;and

3. Not used in the operation of a common or contractcarrier.

(Added to NRS by 1971, 688; A 1991, 2354)

NRS 706.072 Fullyregulated carrier defined. Fully regulatedcarrier means a common carrier or contract carrier of passengers or householdgoods who is required to obtain from the Authority a certificate of publicconvenience and necessity or a contract carriers permit and whose rates,routes and services are subject to regulation by the Authority.

(Added to NRS by 1995, 2608; A 1997, 1930)

NRS 706.074 Hazardousmaterial defined. Hazardous material hasthe meaning ascribed to it in NRS 459.7024.

(Added to NRS by 1987, 1757; A 1993, 851)

NRS 706.076 Hearsedefined. Hearse means a vehicle designed andused primarily for transporting dead bodies.

(Added to NRS by 1971, 688)

NRS 706.081 Highwaydefined. Highway means every street, road orthoroughfare of any kind used by the public.

(Added to NRS by 1971, 688; A 1979, 816)

NRS 706.085 Householdgoods defined. Household goods means personaleffects and property used or to be used in a dwelling which are part of theequipment or supply of the dwelling and such other similar property as theAuthority may provide by regulation. The term does not include property movingfrom a factory or store, except property that the householder has purchasedwith the intent to use in his dwelling and that is transported at the requestof, and the transportation charges paid to the carrier by, the householder.

(Added to NRS by 1995, 2608; A 1997, 1930)

NRS 706.091 Motorconvoy carrier defined. Motor convoycarrier means any person, whether engaged in any of the carrier servicesdefined in NRS 706.016 to 706.146, inclusive, or otherwise, engagedin the driveaway-towaway transportation of vehicles in transit, that is, in processof delivery, over and upon the highways of this State, and transported forcompensation, or for the purpose of selling or offering the same for sale orexchange or storage prior to sale, or delivery subsequent to sale, or forsubsequent use in the service, of any common, contract or private carrier, or,when such person causes such services to be rendered, or who furnished driversfor the movement of in transit vehicles, or who furnishes in transit vehiclesto drivers.

(Added to NRS by 1971, 688)

NRS 706.096 Motorvehicle defined. Motor vehicle means everyvehicle which is self-propelled, but not operated on rails, used upon a highwayfor the purpose of transporting persons or property.

(Added to NRS by 1971, 689)

NRS 706.101 Operatordefined. Operator means a person, other thana lienholder, having a property interest in or title to a vehicle. Except asotherwise provided in this section, the term includes a person entitled to theuse and possession of a vehicle under a lease or contract for the purpose oftransporting persons or property. The term does not include a person who is thelessee of a taxicab pursuant to NRS 706.473.

(Added to NRS by 1971, 689; A 1993, 2650)

NRS 706.111 Privatemotor carrier of property defined.

1. Private motor carrier of property means anyperson or operator engaged in the transportation by vehicle of property sold,or to be sold, or used by him in furtherance of any private commercialenterprise.

2. Private motor carrier of property shall not beconstrued as permitting the carriage of any property whatsoever forcompensation, direct or indirect.

(Added to NRS by 1971, 689)

NRS 706.116 Semitrailerdefined. Semitrailer means every vehicle sodesigned and used in conjunction with a motor vehicle that some part of its ownweight and that of its own load rests upon or is carried by another vehicle.

(Added to NRS by 1971, 689)

NRS 706.121 Specialmobile equipment defined.

1. Special mobile equipment means every vehicle notdesigned or used primarily for the transportation of persons or property andonly incidentally operated or moved upon a highway, including but not limitedto scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus androad construction and maintenance machinery such as asphalt graders, bituminousmixers, bucket loaders, tractors other than truck tractors, leveling graders,finishing machines, motor graders, road rollers, scarifiers, earth-movingcarryalls and scrapers, power shovels and draglines, and self-propelled cranesand earth-moving equipment.

2. Special mobile equipment does not include housetrailers, dump trucks, truck-mounted transit mixers, or other vehicles designedfor the transportation of persons or property to which machinery has beenattached.

(Added to NRS by 1971, 689)

NRS 706.124 Taxicabdefined. Taxicab means a vehicle which isnot operated over a fixed route, is designed or constructed to accommodate andtransport not more than six passengers, including the driver, and is:

1. Fitted with a taximeter or has some other device,method or system to indicate and determine the passenger fare charged for thedistance traveled;

2. Used in the transportation of passengers or lightexpress, or both, for which a charge or fee is received; or

3. Operated in any service which is held out to thepublic as being available for the transportation of passengers from place toplace in the State of Nevada.

(Added to NRS by 1989, 1783)

NRS 706.126 Taxicabmotor carrier defined.

1. Taxicab motor carrier means any person whooperates a taxicab.

2. Taxicab motor carrier does not include:

(a) Any employer operating a vehicle for thetransportation of his employees, whether or not the employees pay for thetransportation.

(b) A person who is the lessee of a taxicab pursuant toNRS 706.473.

(Added to NRS by 1971, 689; A 1979, 916, 1003; 1985,318; 1989, 1786; 1993, 2650)

NRS 706.127 Tiltbed defined. Tilt bed includes the bed of atruck onto which a vehicle may be hoisted and secured for transport.

(Added to NRS by 1997, 2668)

NRS 706.131 Towcar defined. Tow car means a vehicle whichis designed or modified and equipped for and is used exclusively in thebusiness of towing or transporting disabled vehicles by means of a crane,hoist, tow bar, towline, tilt bed or dolly, or is otherwise exclusively used torender assistance to disabled vehicles or to tow any vehicle which is beingimpounded by any law enforcement agency, removed from any unauthorized parkingarea or which is otherwise required to be transported by tow car at the requestof the owner of the vehicle or any other authorized person.

(Added to NRS by 1971, 690; A 1973, 1245; 1997, 2670)

NRS 706.132 Towingservices defined. Towing services includesthe process of towing a vehicle, the storage of that vehicle, the storage ofitems found in that vehicle and the process of preparing and satisfying anyliens against that vehicle to which the operator is entitled.

(Added to NRS by 1997, 2668)

NRS 706.136 Trailerdefined. Trailer means every vehicledesigned to be drawn by a motor vehicle and so constructed that no part of itsweight rests upon the towing vehicle.

(Added to NRS by 1971, 690)

NRS 706.137 Transportationof household goods defined. Transportationof household goods means the transportation by motor vehicle of householdgoods between places within this State including:

1. The movement of household goods;

2. Any combination of packing, loading and unloading,incident to the movement of household goods; and

3. Any movement of household goods accomplishedthrough the use of a rented or other vehicle not owned by the shipper which isdriven by someone associated with an entity that has a commercial or financialinterest in providing services related to the movement of household goods whichare being transported.

(Added to NRS by 1995, 2609)

NRS 706.141 Unladenweight defined. Unladen weight of a vehiclemeans the weight of a vehicle unloaded, but otherwise containing and having inplace at the time of weighing each and every accessory and appliance belongingto and used on such vehicle in the transportation of passengers and propertyand such other equipment as may be required by law.

(Added to NRS by 1971, 690)

NRS 706.146 Vehicledefined. Vehicle means every device in, uponor by which any person or property is or may be transported or drawn upon ahighway, except devices moved by human power or used exclusively uponstationary rails. The term does not include electric personal assistivemobility devices as defined in NRS 482.029.

(Added to NRS by 1971, 690; A 2003, 1207)

NRS 706.151 Legislativedeclaration of purpose.

1. It is hereby declared to be the purpose and policyof the Legislature in enacting this chapter:

(a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon theAuthority the power and to make it the duty of the Authority to regulate fullyregulated carriers, operators of tow cars and brokers of regulated services tothe extent provided in this chapter and to confer upon the Department of MotorVehicles the power to license all motor carriers and to make it the duty of theDepartment of Motor Vehicles and the Department of Public Safety to enforce theprovisions of this chapter and the regulations adopted by the Authoritypursuant to it, to relieve the undue burdens on the highways arising by reasonof the use of the highways by vehicles in a gainful occupation thereon.

(b) To provide for reasonable compensation for the useof the highways in gainful occupations, and enable the State of Nevada, byusing license fees, to provide for the proper construction, maintenance andrepair thereof, and thereby protect the safety and welfare of the traveling andshipping public in their use of the highways.

(c) To provide for fair and impartial regulation, topromote safe, adequate, economical and efficient service and to foster soundeconomic conditions in motor transportation.

(d) To encourage the establishment and maintenance ofreasonable charges for:

(1) Intrastate transportation by fully regulatedcarriers; and

(2) Towing services performed without the priorconsent of the owner of the vehicle or the person authorized by the owner tooperate the vehicle,

withoutunjust discriminations against or undue preferences or advantages being givento any motor carrier or applicant for a certificate of public convenience andnecessity.

(e) To discourage any practices which would tend toincrease or create competition that may be detrimental to the traveling andshipping public or the motor carrier business within this State.

2. All of the provisions of this chapter must beadministered and enforced with a view to carrying out the declaration of policycontained in this section.

(Added to NRS by 1971, 690; A 1981, 1019; 1983, 1222;1995, 2612; 1997, 1930, 2670; 1999, 492; 2003, 1400)

NRS 706.1511 Authority:Creation; appointment, terms and qualifications of members; restriction onother employment of members; members serve at pleasure of Governor.

1. The Transportation Services Authority is herebycreated.

2. The Authority consists of three members appointedby the Governor. After the initial term each member shall serve a term of 4years.

3. The Governor shall appoint to the Authority memberswho have at least 2 years of experience in one or more of the following fields:

(a) Accounting.

(b) Business administration.

(c) Economics.

(d) Administrative law.

(e) Transportation.

(f) Professional engineering.

At least onebut not more than two of the members appointed must be residents of ClarkCounty.

4. Not more than two of the members may be:

(a) Members of the same political party.

(b) From the same field of experience.

5. All of the members must be persons who areindependent of the industries regulated by the Authority. No elected officer ofthis State or any political subdivision is eligible for appointment.

6. The members of the Authority shall give theirentire time to the business of the Authority and shall not pursue any otherbusiness or vocation or hold any other office of profit.

7. Each member of the Authority serves at the pleasureof the Governor.

(Added to NRS by 1997, 1923)

NRS 706.1512 Authority:Designation of Chairman by Governor; Executive Officer; members in unclassifiedservice of State.

1. The Governor shall designate one of the members ofthe Authority to be Chairman. The Chairman is the Executive Officer of theAuthority and serves at the pleasure of the Governor.

2. The members of the Authority are in theunclassified service of the State.

(Added to NRS by 1997, 1924)

NRS 706.1513 Suitsby and against Authority. The Authority maysue and be sued in the name of the Transportation Services Authority.

(Added to NRS by 1997, 1924)

NRS 706.1514 Authority:Power of majority of members; exercise of power and conduct of business bymajority of members; hearings.

1. A majority of the members of the Authority mayexercise all of the power and conduct the business of the Authority relating tocommon or contract carriers, taxicabs, and the warehousing of household goodsas provided in this chapter and chapter 712 ofNRS.

2. Except as otherwise provided in this subsection,public hearings must be conducted by one or more members of the Authority. Anadministrative proceeding conducted pursuant to subsection 2 of NRS 706.771 may be conducted by a hearingofficer designated by the Chairman of the Authority.

(Added to NRS by 1997, 1924)

NRS 706.1515 Authority:Expenses of investigations, inspections, audits and appearances made outsideState.

1. Any common or contract carrier subject to thejurisdiction of the Authority that elects to maintain its books and recordsoutside the State of Nevada shall, in addition to any other assessment and feesprovided for by law, be assessed by the Authority for an amount equal to thetravel expenses and the excess of the out-of-state subsistence allowances overthe in-state subsistence allowances, as fixed by NRS 281.160, of members of the Authorityand staff, for investigations, inspections and audits required to be performedoutside this State.

2. The assessments provided for by this section mustbe determined by the Authority upon the completion of each such investigation,inspection, audit or appearance and are due within 30 days after receipt by theaffected common or contract carrier of the notice of assessment.

3. The records of the Authority relating to theadditional costs incurred by reason of the necessary additional travel must beopen for inspection by the affected common or contract carrier at any timewithin the 30-day period.

(Added to NRS by 1997, 1924)

NRS 706.1516 TransportationServices Authority Regulatory Fund: Creation; deposits; use; claims;statements.

1. The Transportation Services Authority RegulatoryFund is hereby created as a special revenue fund. All money collected by theAuthority pursuant to law must be deposited in the State Treasury for credit tothe Fund.

2. Money in the Fund may be used only to defray thecosts of:

(a) Maintaining staff and equipment needed to regulateadequately persons subject to the jurisdiction of the Authority.

(b) Participating in all proceedings relevant to thejurisdiction of the Authority.

(c) Audits, inspections, investigations, publication ofnotices, reports and retaining consultants connected with that maintenance andparticipation.

(d) The salaries, travel expenses and subsistenceallowances of the members of the Authority.

3. All claims against the Fund must be paid as otherclaims against the State are paid.

4. The Authority must furnish upon request a statementshowing the balance remaining in the Fund as of the close of the precedingfiscal year.

(Added to NRS by 1997, 1924)

NRS 706.1517 Authority:Employees who are peace officers may carry firearms. Employeesof the Authority who are peace officers may carry firearms in the performanceof their duties.

(Added to NRS by 1997, 1925)

NRS 706.1518 Authority:Biennial report; records open to public. Exceptas otherwise provided in NRS 706.1725,the Authority shall make and publish biennial reports showing its proceedings.All biennial reports, records, proceedings, papers and files of the Authoritymust be open at all reasonable times to the public.

(Added to NRS by 1997, 1925)

NRS 706.156 Certaincarriers and brokers declared affected with public interest and subject toregulation; resale of transportation services.

1. All common and contract motor carriers and brokersare hereby declared to be, to the extent provided in this chapter:

(a) Affected with a public interest; and

(b) Subject to NRS706.011 to 706.791, inclusive.

2. A purchaser or broker of transportation serviceswhich are provided by a common motor carrier who holds a certificate of publicconvenience and necessity may resell those services, in combination with otherservices and facilities that are not related to transportation, but only in amanner complying with the scope of authority set forth in the certificate ofthe common motor carrier. The Authority shall not prohibit or restrict such apurchaser or broker from reselling those transportation services to any personbased upon that persons affiliation, or lack of affiliation, with any group.

(Added to NRS by 1971, 690; A 1987, 2256; 1995, 2612;1997, 1931, 2670; 1999,492)

NRS 706.158 Inapplicabilityof provisions governing brokers to motor clubs, charitable organizations andcertain other brokers of transportation services. Theprovisions of NRS 706.011 to 706.791, inclusive, relating to brokers donot apply to any person whom the Authority determines is:

1. A motor club which holds a valid certificate ofauthority issued by the Commissioner of Insurance;

2. A bona fide charitable organization, such as anonprofit corporation or a society, organization or association foreducational, religious, scientific or charitable purposes; or

3. A broker of transportation services provided by anentity that is exempt pursuant to NRS706.745 from the provisions of NRS706.386 or 706.421.

(Added to NRS by 1981, 1030; A 1997, 1932; 2005, 736)

NRS 706.163 Applicabilityof certain provisions to governmental vehicles. Theprovisions of NRS 706.011 to 706.861, inclusive, do not apply tovehicles leased to or owned by:

1. The Federal Government or any instrumentalitythereof.

2. Any state or a political subdivision thereof.

(Added to NRS by 1981, 1048; A 1987, 2256)

Administration and Enforcement

NRS 706.166 Supervisionand regulation of fully regulated carriers, brokers of regulated services andoperators of tow cars by Authority; enforcement of standards of safety. The Authority shall:

1. Subject to the limitation provided in NRS 706.168 and to the extent provided inthis chapter, supervise and regulate:

(a) Every fully regulated carrier and broker ofregulated services in this State in all matters directly related to thoseactivities of the motor carrier and broker actually necessary for thetransportation of persons or property, including the handling and storage ofthat property, over and along the highways.

(b) Every operator of a tow car concerning the ratesand charges assessed for towing services performed without the prior consent ofthe operator of the vehicle or the person authorized by the owner to operatethe vehicle and pursuant to the provisions of NRS706.011 to 706.791, inclusive.

2. Supervise and regulate the storage of householdgoods and effects in warehouses and the operation and maintenance of suchwarehouses in accordance with the provisions of this chapter and chapter 712 of NRS.

3. Enforce the standards of safety applicable to theemployees, equipment, facilities and operations of those common and contractcarriers subject to the Authority or the Department by:

(a) Providing training in safety;

(b) Reviewing and observing the programs or inspectionsof the carrier relating to safety; and

(c) Conducting inspections relating to safety at theoperating terminals of the carrier.

4. To carry out the policies expressed in NRS 706.151, adopt regulations providingfor agreements between two or more fully regulated carriers or two or moreoperators of tow cars relating to:

(a) Fares of fully regulated carriers;

(b) All rates of fully regulated carriers and rates ofoperators of tow cars for towing services performed without the prior consentof the owner of the vehicle or the person authorized by the owner to operatethe vehicle;

(c) Classifications;

(d) Divisions;

(e) Allowances; and

(f) All charges of fully regulated carriers and chargesof operators of tow cars for towing services performed without the priorconsent of the owner of the vehicle or the person authorized by the owner tooperate the vehicle, including charges between carriers and compensation paidor received for the use of facilities and equipment.

Theseregulations may not provide for collective agreements which restrain any partyfrom taking free and independent action.

5. Review decisions of the Taxicab Authority appealedto the Authority pursuant to NRS 706.8819.

(Added to NRS by 1971, 691; A 1975, 1161; 1983, 1223;1987, 2256; 1995, 2613; 1997, 1932, 2671; 1999, 492)

NRS 706.167 Dutyof motor carriers to furnish information and annual report.

1. Each fully regulated carrier, operator of a tow carand common or contract carrier regulated by the Authority shall:

(a) Keep uniform and detailed accounts of all businesstransacted in the manner required by the Authority by regulation and renderthem to the Authority upon its request.

(b) Furnish an annual report to the Authority in theform and detail that it prescribes by regulation.

Theregulations of the Authority may not require an operator of a tow car to keepaccounts and report information concerning towing services other thaninformation that is necessary to permit the Authority to enforce the provisionsof NRS 706.011 to 706.791, inclusive.

2. Except as otherwise provided in subsection 3, thereports required by this section must be prepared for each calendar year andsubmitted not later than May 15 of the year following the year for which thereport is submitted.

3. A carrier may, with the permission of theAuthority, prepare the reports required by this section for a year other than acalendar year that the Authority specifies and submit them not later than adate specified by the Authority in each year.

4. If the Authority finds that necessary informationis not contained in a report submitted pursuant to this section, it may callfor the omitted information at any time.

(Added to NRS by 1997, 1925; A 1999, 492)

NRS 706.1675 Annualreports, records and statements to be submitted under oath. Every annual report, record or statement required by lawto be made to the Authority must be submitted under oath by the proper officer,agent or person responsible for submitting the report, record or statement.

(Added to NRS by 1997, 1925)

NRS 706.168 Supervisionof motor carriers separate from supervision of brokers. The authority of the Transportation Services Authority tosupervise and regulate motor carriers and brokers respectively, to the extentprovided in this chapter, must be exercised separately. A motor carrier isresponsible only for his own acts and those of his employees or agents who arenot brokers. A broker is responsible only for his own acts and those of hisemployees or agents who are not motor carriers.

(Added to NRS by 1987, 2255; A 1995, 2613; 1997,1932)

NRS 706.169 Regulationof certain carriers by Department of Motor Vehicles and Department of PublicSafety.

1. The Department of Motor Vehicles and the Departmentof Public Safety shall regulate the activities of common and contract carriersof property other than fully regulated carriers and operators of tow cars.

2. The Department of Motor Vehicles shall regulate thelicensing of private motor carriers of property used for private commercialenterprises on any highway in this State.

(Added to NRS by 1995, 2609; A 1997, 2672; 2003, 1401)

NRS 706.171 Generalpowers of Authority, Department of Motor Vehicles and Department of PublicSafety: Regulations; reports and records; examinations and subpoenas; temporarywaivers.

1. The Authority, the Department of Motor Vehicles andthe Department of Public Safety may:

(a) Make necessary and reasonable regulations governingthe administration and enforcement of the provisions of this chapter for whichthey are each responsible.

(b) Adopt by reference any appropriate rule orregulation, as it exists at the time of adoption, issued by the United StatesDepartment of Transportation, the Surface Transportation Board, any otheragency of the Federal Government or the National Association of RegulatoryUtility Commissioners.

(c) Require such reports and the maintenance of suchrecords as they determine to be necessary for the administration andenforcement of this chapter.

(d) Except as otherwise provided in this section,examine, at any time during the business hours of the day, the books, papersand records of any fully regulated carrier, and of any other common, contractor private motor carrier doing business in this State to the extent necessaryfor their respective duties. The Authority, the Department of Motor Vehiclesand the Department of Public Safety may examine in other states or require by subpoenathe production inside this State of such books, papers and records as are notmaintained in this State.

(e) Temporarily waive any requirement for a certificateor permit when an emergency exists as defined in NRS 706.561.

2. No personnel records of an employee of a fullyregulated carrier, or of any other common, contract or private motor carriermay be examined pursuant to paragraph (d) of subsection 1 unless the recordscontain information relating to a matter of public safety or the Authority, theDepartment of Motor Vehicles and the Department of Public Safety determine thatthe examination is required to protect the interests of the public.

3. The Department of Motor Vehicles may adoptregulations to ensure the payment of any fee due or authorized pursuant to theprovisions of this chapter.

4. As used in this section, personnel records doesnot include:

(a) The name of the employee who is the subject of therecord;

(b) The gross compensation and perquisites of theemployee;

(c) Any record of the business expenses of theemployee;

(d) The title or any description of the position heldby the employee;

(e) The qualifications required for the position heldby the employee;

(f) The business address of the employee;

(g) The telephone number of the employee at his placeof business;

(h) The work schedule of the employee;

(i) The date on which the employee began hisemployment; and

(j) If applicable, the date on which the employment ofthe employee was terminated.

(Added to NRS by 1971, 691; A 1979, 191; 1981, 1020;1995, 387, 2613, 2620; 1997, 1632, 1933; 2003, 1401)

NRS 706.1715 Dutiesof Attorney General and district attorneys.

1. The Attorney General shall:

(a) Act as counsel and attorney for the Authority inall actions, proceedings and hearings.

(b) Prosecute in the name of the TransportationServices Authority all civil actions for the enforcement of this chapter andfor the recovery of any penalty or forfeiture provided for therein.

(c) Generally aid the Authority in the performance ofits duties and the enforcement of this chapter.

2. The Attorney General or any district attorney mayprosecute any violation of this chapter or chapter712 of NRS for which a criminal penalty is provided.

(Added to NRS by 1997, 1927)

NRS 706.1717 Cooperationwith federal and state agencies; payment of expenses incurred for jointconferences and meetings held out of State. TheAuthority may, in carrying out its duties:

1. Cooperate with the Federal Government and itsdepartments and agencies.

2. Confer with the regulatory agencies of other stateson matters of mutual concern and benefit to persons served by motor carriers ofthis State.

3. Use the services, records, facilities andcooperation of federal and state regulatory agencies, and hold joint hearingsand participate in joint conferences to reach decisions in matters that requirecooperation. All necessary expenses incurred in attending hearings andconferences outside this State are a charge against the State and must be paidas other claims against the State are paid.

(Added to NRS by 1997, 1927; A 2003, 630)

NRS 706.172 Examinationof records and other property of persons regulated by Authority; exception.

1. Except as otherwise provided in subsection 2, anymember of the Authority or any officer or employee of the Authority who isdesignated by the Authority may examine during the regular business hours thebooks, accounts, records, minutes, papers and property of any person who isregulated by the Authority and who does business in this State, whether or notthe book, account, record, minutes, paper or property is located within thisState.

2. No personnel records of an employee may be examinedpursuant to subsection 1 unless the records contain information relating to amatter of public safety or the Authority determines that the examination isrequired to protect the interests of the public.

3. As used in this section, personnel records doesnot include:

(a) The name of the employee who is the subject of therecord;

(b) The gross compensation and perquisites of theemployee;

(c) Any record of the business expenses of theemployee;

(d) The title or any description of the position heldby the employee;

(e) The qualifications required for the position heldby the employee;

(f) The business address of the employee;

(g) The telephone number of the employee at his placeof business;

(h) The work schedule of the employee;

(i) The date on which the employee began hisemployment; and

(j) If applicable, the date on which the employment ofthe employee was terminated.

(Added to NRS by 1997, 1925)

NRS 706.1725 Disclosureof records subject to examination: Requirements; conditions.

1. Any books, accounts, records, minutes, papers andproperty of any carrier that are subject to examination pursuant to NRS 706.1518 and 706.172, and are made available to theAuthority, any officer or employee of the Authority, or any other person underthe condition that the disclosure of such information to the public be withheldor otherwise limited, must not be disclosed to the public unless the Authorityfirst determines that the disclosure is justified.

2. The Authority shall take such actions as arenecessary to protect the confidentiality of such information, including,without limitation:

(a) Granting such protective orders as it deemsnecessary; and

(b) Holding closed hearings to receive or examine suchinformation.

3. If the Authority closes a hearing to receive orexamine such information, it shall:

(a) Restrict access to the records and transcripts ofsuch hearings without the prior approval of the Authority or an order of acourt of competent jurisdiction authorizing access to the records ortranscripts; and

(b) Prohibit any participant at such a hearing fromdisclosing such information without the prior authorization of the Authority.

4. The Authority shall consider in an open meetingwhether the information reviewed or examined in a closed hearing may bedisclosed without revealing the confidential subject matter of the information.To the extent the Authority determines the information may be disclosed, theinformation must become a part of the records available to the public.Information that the Authority determines may not be disclosed must be keptunder seal.

(Added to NRS by 1997, 1926)

NRS 706.173 Regulationsconcerning safety for drivers and vehicles; regulations concerningtransportation of hazardous materials and hazardous waste.

1. The Authority, the Department of Motor Vehicles orthe Department of Public Safety may, by regulation applicable to common,contract and private motor carriers of passengers and property, adopt standardsfor safety for drivers and vehicles.

2. The Department of Motor Vehicles or the Departmentof Public Safety may, by regulation applicable to all motor vehiclestransporting hazardous materials, adopt standards for the transportation ofhazardous materials and hazardous waste as defined in NRS 459.430.

(Added to NRS by 1985, 870; A 1987, 1758; 1997, 1934;2003, 1402)

NRS 706.176 Employmentof personnel by Authority. The Authority may:

1. Appoint a Deputy who serves in the unclassifiedservice of the State.

2. Employ such other personnel as may be necessary.

(Added to NRS by 1971, 691; A 1997, 1934)

NRS 706.186 Licensingof motor carriers by Department. The Departmentshall license every common, contract and private motor carrier required to belicensed by this chapter.

(Added to NRS by 1971, 691)

NRS 706.196 Reportsto Department; preservation of records.

1. The Department may require such reports and themaintenance of such books, papers and records as it determines necessary forthe administration and enforcement of this chapter and NRS 484.739.

2. Any person whose vehicles are registered with theDepartment pursuant to NRS 706.801 to 706.861, inclusive, shall maintain thebooks, papers and records required to be maintained by the Department pursuantto subsection 1 for the 36 months following the year for which the vehicles areregistered. The books, papers and records must be made available for inspectionby the Department during normal business hours.

(Added to NRS by 1971, 692; A 1973, 700; 1979, 1076;1987, 968, 1317, 1319; 1995, 314)

NRS 706.197 Feesfor filing documents.

1. The Authority may collect fees for the filing ofany official document required by this chapter or by a regulation of theAuthority.

2. Filing fees may not exceed:

(a) For applications, $200.

(b) For petitions seeking affirmative relief, $200.

(c) For each tariff page that requires public noticeand is not attached to an application, $10. If more than one page is filed atone time, the total fee may not exceed the cost of notice and publication.

(d) For all other documents that require public notice,$10.

3. If an application or other document is rejected bythe Authority because it is inadequate or inappropriate, the filing fee must bereturned.

4. The Authority may not charge any fee for filing acomplaint.

(Added to NRS by 1997, 1926)

NRS 706.201 Costsof administration. To the extent that suchcosts cannot be paid for from the Transportation Services Authority RegulatoryFund, the costs of administration of this chapter must be paid from the StateHighway Fund on claims presented by the Authority or Department, approved bythe State Board of Examiners.

(Added to NRS by 1971, 692; A 1973, 1838; 1997, 1934)

NRS 706.211 Depositand use of money collected. All moneycollected by the Department under the provisions of NRS 706.011 to 706.861, inclusive, must be deposited inthe State Treasury for credit to the Motor Vehicle Fund. Except as otherwiseprovided in this chapter and NRS 482.180and 482.181, all money collected underthe provisions of NRS 706.011 to 706.861, inclusive, must be used for theconstruction, maintenance and repair of the public highways of this State.

(Added to NRS by 1971, 692; A 1973, 1838; 1975, 213;1979, 149; 2001Special Session, 155)

Regulation of Motor Carriers Generally

NRS 706.221 NRS 706.011to 706.791,inclusive, not construed as law for registration of motor vehicles. NRS 706.011 to 706.791, inclusive, are not to be construedas a motor vehicle registration law, but the license fees provided therein arein addition to the motor vehicle registration fees required under the laws ofthis State.

(Added to NRS by 1971, 692; A 1989, 1786)

NRS 706.226 Complianceof motor carriers and brokers of regulated services with provisions of chapter. No common, contract or private motor carrier may operateon any highway nor any broker of regulated services engage in business in thisState except in accordance with the provisions of this chapter.

(Added to NRS by 1971, 693; A 1995, 2614)

NRS 706.231 Peaceand traffic officers to assist in enforcement. Sheriffsand all other peace officers and traffic officers of this State are chargedwith the duty, without further compensation, of assisting in the enforcement ofthis chapter. They shall make arrests for this purpose when requested by anauthorized agent of the Department of Motor Vehicles, the Department of PublicSafety, the Authority or other competent authority.

(Added to NRS by 1971, 693; A 1997, 1934; 2003, 1402)

NRS 706.235 Issuanceof citation or notice of correction to driver of heavy-duty motor vehicledetained for violation.

1. Whenever a peace officer detains the driver of aheavy-duty motor vehicle for a violation of any provision of this chapter orany other specific statute or regulation relating to the equipment, lights,brakes, tires, mechanisms or safety appliances required of such a vehicle, thepeace officer shall, in lieu of arresting the driver, prepare manually orelectronically and issue a citation, a notice of correction, or both. If anotice of correction is issued, it must set forth the violation withparticularity and specify the corrective action which must be taken.

2. If, at the time of the issuance of a citation or anotice of correction, the peace officer determines that the vehicle is unsafeand poses an immediate threat to the life of the driver or any other personupon a public highway, the peace officer may require that the vehicle be takento the nearest garage or other place where the vehicle may be safely repaired.If the vehicle is transporting wet concrete or other perishable cargo and doesnot pose an immediate threat to life, and if the destination of the vehicle iswithin a distance of not more than 15 miles, the peace officer shall not delaythe vehicle for more than 15 minutes and shall permit the vehicle to proceed toits destination and unload its cargo. Upon the arrival of the vehicle at itsdestination, the peace officer may order that the vehicle be taken, after thecargo of the vehicle has been unloaded, to the nearest garage or other placewhere the vehicle may be safely repaired.

3. As used in this section:

(a) Heavy-duty motor vehicle means a motor vehiclewhich:

(1) Has a manufacturers gross vehicle weightrating of 10,000 pounds or more; and

(2) Is owned or leased by or otherwise used inthe regular course of the business of a common, contract or private motorcarrier.

(b) Peace officer means:

(1) A peace officer or an inspector of theDepartment of Motor Vehicles or Department of Public Safety; or

(2) A sheriff, peace officer or traffic officerassisting in the enforcement of the provisions of this chapter.

(Added to NRS by 1993, 2747; A 1999, 1149; 2003, 1402)

NRS 706.246 Limitationson use of unsafe vehicle. Except as otherwiseprovided in NRS 706.235:

1. A common or contract motor carrier shall not permitor require a driver to drive or tow any vehicle revealed by inspection oroperation to be in such condition that its operation would be hazardous orlikely to result in a breakdown of the vehicle, and a driver shall not drive ortow any vehicle which by reason of its mechanical condition is so imminentlyhazardous to operate as to be likely to cause an accident or a breakdown of thevehicle. If, while any vehicle is being operated on a highway, it is discoveredto be in such an unsafe condition, it may be continued in operation, except asfurther limited by subsection 2, only to the nearest place where repairs cansafely be effected, and even that operation may be conducted only if it is lesshazardous to the public than permitting the vehicle to remain on the highway.

2. A common or contract motor carrier or private motorcarrier shall not permit or require a driver to drive or tow, and a drivershall not drive or tow, any vehicle which:

(a) By reason of its mechanical condition is soimminently hazardous to operate as to be likely to cause an accident or abreakdown; and

(b) Has been declared out of service by an authorizedemployee of the Authority, the Department of Motor Vehicles or the Departmentof Public Safety.

When therepairs have been made, the carrier shall so certify to the Authority or thedepartment that declared the vehicle out of service, as required by the Authorityor that department.

(Added to NRS by 1971, 693; A 1981, 1020; 1985, 870;1993, 2748; 1997, 1934; 2003, 1403)

NRS 706.251 Reportof accident: Requirements; preservation; confidentiality.

1. Every person operating a vehicle used by any motorcarrier under the jurisdiction of the Authority shall forthwith report eachaccident occurring on the public highway, wherein the vehicle may have injuredthe person or property of some person other than the person or property carriedby the vehicle, to the sheriff or other peace officer of the county where theaccident occurred. If the accident immediately or proximately causes death, theperson in charge of the vehicle, or any officer investigating the accident,shall furnish to the Authority such detailed report thereof as required by theAuthority.

2. All accident reports required in this section mustbe filed in the office of the Authority and there preserved. An accident reportmade as required by this chapter, or any report of the Authority made pursuantto any accident investigation made by it, is not open to public inspection andmust not be disclosed to any person, except upon order of the Authority. Thereports must not be admitted as evidence or used for any purpose in any actionfor damages growing out of any matter mentioned in the accident report orreport of any such investigation.

(Added to NRS by 1971, 694; A 1979, 1750; 1987, 736;1997, 1935)

NRS 706.256 Powerof Authority to order repairs of facilities and use of safety appliances. The Authority may, in the interest of safety or service,after hearing:

1. Determine and order repairs of facilities of commonand contract motor carriers; and

2. Order the use of safety appliances by such carriersin the interest of the public and employees.

(Added to NRS by 1971, 694; A 1997, 1935)

NRS 706.266 Intrastatemotor carriers required to furnish information to Authority. It is unlawful for any common, contract or private motorcarrier to operate as a motor carrier of intrastate commerce within this Statewithout having furnished the Authority the following:

1. Where a person does not hold a certificate ofpublic convenience and necessity or a permit to operate as a common or contractmotor carrier in the State of Nevada, an affidavit certifying that the personintends to operate as a private carrier.

2. Such other information as the Authority mayrequest.

(Added to NRS by 1971, 694; A 1981, 1048; 1983, 96;1987, 1355; 1997, 1935)

NRS 706.271 Motorvehicle exceeding limit on size, weight or load not to be licensed or permittedto operate. No vehicle shall be licensed orpermitted to operate on the highways of this State under the provisions of thischapter when such vehicle exceeds the size, height, weight or load limit weightprovided by the laws of this State.

(Added to NRS by 1971, 695; A 1973, 700)

NRS 706.276 Vehiclesto be weighed by public weighmaster or Department; fee; applicability of chapter 582of NRS.

1. The provisions of chapter582 of NRS are hereby made applicable to this chapter.

2. All vehicles required to be weighed under theprovisions of this chapter shall be weighed by a public weighmaster under suchrules and regulations as may be deemed advisable by the Department and theState Sealer of Weights and Measures, and according to the provisions of chapter 582 of NRS, except as otherwise providedherein.

3. The Department shall be allowed to collect a fee,not to exceed $1, for each vehicle weighed by the Department.

4. The State Sealer of Weights and Measures from timeto time, upon request of the Department, shall appoint additional publicweighmasters, according to the provisions of chapter582 of NRS, as may be necessary to effectuate the purposes of this chapter.

5. Public weighmasters certificates issued in statesother than Nevada, when such certificates bear the seal of such weighmaster,may be accepted by the Department as evidence of the weight of the vehicle forwhich a license is applied.

(Added to NRS by 1971, 695; A 1973, 444)

NRS 706.281 Nameof operator to be prominently displayed on vehicle; exceptions.

1. In addition to any identifying device provided forin this chapter, each motor vehicle within the provisions of NRS 706.011 to 706.791, inclusive, must have the name ofthe person or operator operating the vehicle prominently and conspicuouslydisplayed on both sides of the vehicle in such location, size and style as maybe specified by the Authority. The display shall not be deemed advertising forthe purposes of NRS 706.285 unlessadditional information about the operator is included.

2. This section does not apply to motor vehicles:

(a) Weighing 10,000 pounds or less operated by privatecarriers and not operated in combination with any other vehicle.

(b) Operated by an employer for the transportation ofhis employees, whether or not the employees pay for the transportation.

(Added to NRS by 1971, 695; A 1979, 1004; 1989, 210;1997, 1935)

NRS 706.282 Dutyof fully regulated carrier that advertises to provide to person who publishesor distributes advertisement of certain information regarding natural personwho requested advertisement; duty of person who publishes or distributesadvertisement of fully regulated carrier to provide certain information toAuthority.

1. Each fully regulated carrier that advertises itsservices shall provide to the person who broadcasts, publishes, displays ordistributes that advertisement the name, street address and telephone number ofthe natural person who requested the advertisement on behalf of the fullyregulated carrier.

2. A person who broadcasts, publishes, displays ordistributes the advertisement of a fully regulated carrier shall, within 3 daysafter he receives a written request from the Authority, provide to theAuthority the name, street address and telephone number of the natural personwho requested the advertisement if such information is readily available.

(Added to NRS by 1997, 1542)

NRS 706.285 Advertisingmust include number of certificate or permit. Alladvertising by:

1. A fully regulated carrier of intrastate commerce;and

2. An operator of a tow car,

must includethe number of the certificate of public convenience and necessity or contractcarriers permit issued to him by the Authority.

(Added to NRS by 1989, 210; A 1995, 2614; 1997, 1936,2672; 1999, 492)

NRS 706.2855 Injunctionprohibiting person from advertising without including number of certificate orpermit.

1. If the Authority finds, after notice and hearing,that a person has violated NRS 706.285,the Authority may, in addition to any penalty, punishment or disciplinaryaction authorized by this chapter, petition a court of competent jurisdictionfor an injunction prohibiting the person from continuing to:

(a) Engage in advertising that violates the provisionsof NRS 706.285; or

(b) Use any telephone number mentioned in suchadvertising for any purpose.

2. If the court finds that the respondent has engagedin advertising that is unlawful pursuant to NRS706.285, the court shall:

(a) Enjoin him from continuing the advertising.

(b) Enjoin him from using the telephone numbermentioned in the advertising for any purpose.

(c) Issue an order that requires the telephone numbermentioned in the advertising to be disconnected.

(d) Forward a copy of the order to the appropriateprovider of telephone service within 5 days after issuing the order.

3. As used in this section, provider of telephoneservice includes, but is not limited to:

(a) A public utility furnishing telephone service.

(b) A provider of cellular or other service to atelephone that is installed in a vehicle or is otherwise portable.

(Added to NRS by 1997, 1543)

NRS 706.286 Complaintagainst fully regulated carrier or operator of tow car: Investigation byAuthority; notice and hearing.

1. When a complaint is made against any fullyregulated carrier or operator of a tow car by any person, that:

(a) Any of the rates, tolls, charges or schedules, orany joint rate or rates assessed by any fully regulated carrier or by anyoperator of a tow car for towing services performed without the prior consentof the owner of the vehicle or the person authorized by the owner to operatethe vehicle are in any respect unreasonable or unjustly discriminatory;

(b) Any of the provisions of NRS 706.445 to 706.453, inclusive, have been violated;

(c) Any regulation, measurement, practice or actdirectly relating to the transportation of persons or property, including thehandling and storage of that property, is, in any respect, unreasonable,insufficient or unjustly discriminatory; or

(d) Any service is inadequate,

theAuthority shall investigate the complaint. After receiving the complaint, theAuthority shall give a copy of it to the carrier or operator of a tow caragainst whom the complaint is made. Within a reasonable time thereafter, thecarrier or operator of a tow car shall provide the Authority with its writtenresponse to the complaint according to the regulations of the Authority.

2. If the Authority determines that probable causeexists for the complaint, it shall order a hearing thereof, give notice of thehearing and conduct the hearing as it would any other hearing.

3. No order affecting a rate, toll, charge, schedule,regulation, measurement, practice or act complained of may be entered without aformal hearing unless the hearing is dispensed with as provided in NRS 706.2865.

(Added to NRS by 1997, 1927; A 1999, 492)

NRS 706.2865 Noticeof matters pending before Authority; power of Authority to dispense withhearing.

1. When, in any matter pending before the Authority, ahearing is required by law, or is normally required by the Authority, theAuthority shall give notice of the pendency of the matter to all personsentitled to notice of the hearing. The Authority shall by regulation specify:

(a) The manner of giving notice; and

(b) Where not specified by law, the persons entitled tonotice in each type of proceeding.

2. Unless, within 10 days after the date of the noticeof pendency, a person entitled to notice of the hearing files with theAuthority a request that the hearing be held, the Authority may dispense with ahearing and act upon the matter pending.

3. If a request for a hearing is filed, the Authorityshall give at least 10 days notice of the hearing.

4. If an operator of a tow car files an applicationfor a certificate of public convenience and necessity or an application totransfer a certificate of public convenience and necessity with the Authority,the Authority shall give notice pursuant to the provisions of subsection 1.

(Added to NRS by 1997, 1927; A 1999, 492)

NRS 706.2873 Recordof hearings: Recording and transcription of testimony; copies to be filed withcourt clerk and furnished to parties; costs.

1. A complete record must be kept of all hearingsbefore the Authority, and all testimony must be taken down by the stenographerappointed by the Authority, or, under the direction of any competent personappointed by the Authority, reported by sound recording equipment in the mannerauthorized for reporting testimony in district courts. The testimony reportedby a stenographer must be transcribed and filed with the record in the matter.The Authority may by regulation provide for the transcription or safekeeping ofsound recordings. The costs of recording and transcribing testimony at anyhearing, except those hearings ordered pursuant to NRS 706.286 must be paid by the applicant.If a complaint is made pursuant to NRS706.286 by a customer or by a political subdivision of this State or amunicipal organization, the complainant is not liable for any costs. Otherwise,if there are several applicants or parties to any hearing, the Authority mayapportion the costs among them in its discretion.

2. Whenever any petition is served upon the Authority,before the action is reached for trial, the Authority shall file a certifiedcopy of all proceedings and testimony taken with the clerk of the court inwhich the action is pending.

3. A copy of the proceedings and testimony must befurnished to any party, on payment of a reasonable amount, to be fixed by theAuthority, and the amount must be the same for all parties.

4. The provisions of this section do not prohibit theAuthority from restricting access to the records and transcripts of a hearingpursuant to subsection 2 of NRS 706.1725.

(Added to NRS by 1997, 1928)

NRS 706.2875 Orderfor appearance of witnesses or production of materials; payment of fees andmileage claims by witnesses.

1. Any party is entitled to an order by the Authorityfor the appearance of witnesses or the production of books, papers anddocuments containing material testimony.

2. Witnesses appearing upon the order of the Authorityare entitled to the same fees and mileage as witnesses in civil actions in thecourts of this State, and the fees and mileage must be paid out of the StateTreasury in the same manner as other claims against the State are paid. No feesor mileage may be allowed unless the Chairman of the Authority certifies thecorrectness of the claim.

(Added to NRS by 1997, 1928)

NRS 706.288 Orderfor production of books, accounts, papers or records.The Authority may require, by order to be served on any person regulatedby the Authority in the same manner as a subpoena in a civil action, theproduction at a time and place designated by the Authority of any books,accounts, papers or records kept by the person in any office or place outsidethis State, or verified copies in lieu thereof if the Authority so directs, sothat an examination may be made by the Authority or under its direction, or foruse as testimony.

(Added to NRS by 1997, 1928)

NRS 706.2883 Personaggrieved by action or inaction of Taxicab Authority entitled to judicialreview; regulations of Transportation Services Authority regarding its reviewof decisions of Taxicab Authority. Any personwho is aggrieved by any action or inaction of the Taxicab Authority pursuant toNRS 706.8819 is entitled to judicialreview of the decision in the manner provided by chapter233B of NRS. The Transportation Services Authority may adopt such regulationsas may be necessary to provide for its review of decisions of the Taxicab Authority.

(Added to NRS by 1997, 1929)

NRS 706.2885 Suspension or revocation ofcertificate, permit or license; notice and hearing; conditions; judicialreview.

1. A certificate of public convenience and necessity,permit or license issued in accordance with this chapter is not a franchise andmay be revoked.

2. The Authority may at any time, for good causeshown, after investigation and hearing and upon 5 days written notice to thegrantee, suspend any certificate, permit or license issued in accordance withthe provisions of NRS 706.011 to 706.791, inclusive, for a period not toexceed 60 days.

3. Upon receipt of a written complaint or on its ownmotion, the Authority may, after investigation and hearing, revoke anycertificate, permit or license. If service of the notice required by subsection2 cannot be made or if the grantee relinquishes his interest in thecertificate, permit or license by so notifying the Authority in writing, theAuthority may revoke the certificate, permit or license without a hearing.

4. The proceedings thereafter are governed by theprovisions of chapter 233B of NRS.

(Added to NRS by 1997, 1929)

Liability Insurance, Bonds and Security

NRS 706.291 Liabilityinsurance to be provided by certain motor carriers; Authority to designateamounts; Authority and Department jointly to prescribe amounts and forms byregulation.

1. The Authority shall require every fully regulatedcarrier and every operator of a tow car, within such time and in such amountsas the Authority may designate, to file with the Authority in a form requiredand approved by the Authority a liability insurance policy, or a certificate ofinsurance in lieu thereof, or a bond of a surety company, or other surety, insuch reasonable sum as the Authority may deem necessary to protect adequatelythe interests of the public.

2. The Department shall require every other common andcontract motor carrier and every private carrier, within such time and in suchamounts as the Department may designate, to file with the Department in a formrequired and approved by the Department a liability insurance policy, or a certificateof insurance in lieu thereof, a bond of a surety company, or other surety, insuch reasonable sum as the Department may deem necessary to protect adequatelythe interests of the public. In determining the amount of liability insuranceor other surety required of a carrier pursuant to this subsection, theDepartment shall create a separate category for vehicles with a manufacturersgross vehicle weight rating of less than 26,000 pounds and impose a lesserrequirement with respect to such vehicles.

3. The liability insurance policy or certificate,policy or bond of a surety company or other surety must bind the obligorsthereunder to pay the compensation for injuries to persons or for loss ordamage to property resulting from the negligent operation of the carrier.

4. The Authority and the Department may jointlyprescribe by regulation the respective amounts and forms required bysubsections 1 and 2.

(Added to NRS by 1971, 695; A 1995, 2614; 1997, 1936,3373)

NRS 706.296 Dutyof carrier engaged in intrastate transportation and collecting purchase priceon delivery of goods sold by shipper to file bond with Authority. Every common and contract motor carrier who engages intransportation intrastate and the collection of the purchase price of goodssold by the shipper to the consignee shall provide a bond, to be filed with theAuthority, for the benefit of the shipper in an amount which the Authoritydeems reasonably sufficient as an aggregate but not to exceed $1,000, to insurethe shipper against any loss of the moneys so collected by the carrier throughmisappropriation, negligence or other defalcations.

(Added to NRS by 1971, 695; A 1997, 1936)

NRS 706.303 Liabilityinsurance to be provided by operators of horse-drawn vehicles; amount of coverage. The Authority shall adopt regulations requiring alloperators of horse-drawn vehicles subject to its regulation and supervision tomaintain a contract of insurance against liability for injury to persons anddamage to property for each such vehicle. The amounts of coverage required bythe regulations:

1. Must not exceed a total of:

(a) For bodily injury to or the death of one person inany one accident, $250,000;

(b) Subject to the limitations of paragraph (a), forbodily injury to or death of two or more persons in any one accident, $500,000;and

(c) For injury to or destruction of property in any oneaccident, $50,000; or

2. Must not exceed a combined single-limit for bodilyinjury to one or more persons and for injury to or destruction of property inany one accident, $500,000.

(Added to NRS by 1989, 1783; A 1997, 1937)

NRS 706.305 Liabilityinsurance to be provided by operators of taxicabs; amount of coverage. The Authority shall adopt regulations requiring alloperators of taxicabs subject to its regulation and supervision to maintain acontract of insurance against liability for injury to persons and damage toproperty for each taxicab. The amounts of coverage required by the regulations:

1. Must not exceed a total of:

(a) For bodily injury to or the death of one person inany one accident, $250,000;

(b) Subject to the limitations of paragraph (a), forbodily injury to or death of two or more persons in any one accident, $500,000;and

(c) For injury to or destruction of property in any oneaccident, $50,000; or

2. Must not exceed a combined single-limit for bodilyinjury to one or more persons and for injury to or destruction of property inany one accident, $500,000.

(Added to NRS by 1989, 1784)

NRS 706.3052 Operatorof taxicab may provide self-insurance; exception.

1. Except as otherwise provided in subsection 2, anoperator of a taxicab may operate under a program of self-insurance incompliance with the provisions of NRS706.3054 or 706.3056 in lieu of theinsurance against liability required by the regulations adopted pursuant to NRS 706.305.

2. An operator of a taxicab shall not operate under aprogram of self-insurance if any judgment recovered against him has not beenpaid in full.

(Added to NRS by 1989, 1784)

NRS 706.3054 Operatorof taxicab may file bond in lieu of insurance.

1. In lieu of the insurance against liability requiredby the regulations adopted pursuant to NRS706.305, an operator of a taxicab may file with the Department:

(a) A bond of a surety company authorized to transactbusiness in this State; or

(b) A bond with at least two individual sureties eachowning real property within this State, and together having equities equal invalue to at least twice the amount of the bond, if the real property isscheduled in the bond and the bond is approved by a judge of a court of record.

2. Any bond filed pursuant to subsection 1 must beconditioned for payments in the amounts and under the same circumstances aswould be required in a contract of insurance against liability complying withthe regulations adopted pursuant to NRS706.305. The bond may not be cancelled unless 10 days before cancellationwritten notice is given to the Department.

3. Upon the filing of notice by the Department in theoffice of the county clerk of the county where the real property is located,the bond constitutes a lien in favor of the State upon the real propertyscheduled in the bond. The lien exists in favor of any holder of a judgmentagainst the person who has filed the bond.

4. If a judgment rendered against the principal on abond filed pursuant to subsection 1 is not satisfied within 60 days after ithas become final, the judgment creditor may, for his own use and benefit and athis own expense, bring an action in the name of the State against the companyor persons executing the bond, including an action or proceeding to forecloseany lien that may exist upon the real property of a person who has executed thebond.

(Added to NRS by 1989, 1784)

NRS 706.3056 Operatorof taxicab may deposit security with Department in lieu of insurance.

1. In lieu of the insurance against liability requiredby the regulations adopted pursuant to NRS706.305, an operator of a taxicab may deposit with the Department:

(a) Any security in the amount of $500,000; or

(b) An amount equal to 110 percent of the averageannual costs of claims incurred by the operator for accidents involving motorvehicles during the immediately preceding 3 years,

whichever isless, but in no event may the deposit be less than $250,000. The securitydeposited may be in any form authorized by NRS706.3058. The Department shall not accept a deposit unless it isaccompanied by evidence that there are no unsatisfied judgments of anycharacter against the depositor in the county where the depositor resides.

2. An operator of a taxicab depositing money with theDepartment pursuant to subsection 1, shall authorize payments from the depositin the amounts and under the same circumstances as would be required in acontract of insurance against liability which is in compliance with theregulations adopted pursuant to NRS 706.305.

3. Any security deposited must be used to satisfy anyjudgment obtained against the depositor which is final and has not been paidwithin 30 days after the date of the judgment, unless otherwise ordered by thecourt issuing the judgment. A depositor, within 24 hours after receiving noticethat the security has been used to satisfy a judgment obtained against him,shall deposit with the Department an amount which is necessary to maintain withthe Department the amount required by subsection 1. The failure to maintain thefull amount required by subsection 1 is a ground for the cancellation of thedepositors certificate of self-insurance.

4. Any money collected by the Department pursuant tosubsection 1 must be deposited with the State Treasurer for credit to aseparate account in the State General Fund and used for payments authorizedpursuant to subsection 2 or to refund money paid by an operator of a taxicabwho is no longer participating in a program of self-insurance.

(Added to NRS by 1989, 1785)

NRS 706.3058 Permittedforms of security. For the purposes of NRS 706.3056, the Department may acceptfrom the operator of a taxicab any one of the following forms of security, orany combination thereof:

1. A time certificate of deposit with any bank orcredit union licensed or chartered by this State or the Federal Government,made payable to the operator and the Department.

2. Bonds and securities issued or guaranteed by theFederal Government made payable to the operator and the Department.

3. A deposit in an amount required by NRS 706.3056 made with the StateTreasurer, with the Department appointed as trustee of the deposit.

4. A surety bond submitted on behalf of the operatorby any surety company authorized to transact business in this State.

5. Any other form of security, including the net worthof the operator, which is acceptable to the Department.

(Added to NRS by 1989, 1785; A 1999, 1555)

NRS 706.306 Maintenanceof security; affidavit required upon relinquishment of certificate ofself-insurance.

1. Any security deposited pursuant to NRS 706.3054 or 706.3056 must be maintained for as long asthe depositor holds a certificate of self-insurance or until all claims againstthe depositor which remain outstanding have reached final judgment and arepaid, whichever is later.

2. At the time of relinquishing his certificate ofself-insurance, an operator of a taxicab shall submit to the Department aproperly executed affidavit indicating all claims against the operator whichare outstanding. The affidavit must contain the name of each claimant and theamount of each claim.

(Added to NRS by 1989, 1786)

Rates and Service

NRS 706.311 Motorcarriers and operators of tow cars to provide adequate service and facilities;charges to be just and reasonable; unjust and unreasonable charges unlawful.

1. Except as otherwise provided in subsection 2, everycommon and contract motor carrier is required to furnish reasonably adequateservice and facilities, and all transportation charges made by any such carriermust be just and reasonable.

2. Every operator of a tow car is required to furnishreasonably adequate service and facilities, and all charges assessed for towingservices performed without the prior consent of the owner of the vehicle or theperson authorized by the owner to operate the vehicle must be just andreasonable.

3. Every unjust and unreasonable charge for service byany such carrier or operator of a tow car is prohibited and shall be deemed tobe unlawful.

(Added to NRS by 1971, 696; A 1997, 2672)

NRS 706.321 Schedulesof rates, fares and charges.

1. Except as otherwise provided in subsection 2, everycommon or contract motor carrier shall file with the Authority:

(a) Within a time to be fixed by the Authority,schedules and tariffs that must:

(1) Be open to public inspection; and

(2) Include all rates, fares and charges whichthe carrier has established and which are in force at the time of filing forany service performed in connection therewith by any carrier controlled andoperated by it.

(b) As a part of that schedule, all regulations of thecarrier that in any manner affect the rates or fares charged or to be chargedfor any service and all regulations of the carrier that the carrier has adoptedto comply with the provisions of NRS 706.011to 706.791, inclusive.

2. Every operator of a tow car shall file with theAuthority:

(a) Within a time to be fixed by the Authority,schedules and tariffs that must:

(1) Be open to public inspection; and

(2) Include all rates and charges for towingservices performed without the prior consent of the owner of the vehicle or theperson authorized by the owner to operate the vehicle which the operator hasestablished and which are in force at the time of filing.

(b) As a part of that schedule, all regulations of theoperator of the tow car which in any manner affect the rates charged or to becharged for towing services performed without the prior consent of the owner ofthe vehicle or the person authorized by the owner to operate the vehicle andall regulations of the operator of the tow car that the operator has adopted tocomply with the provisions of NRS 706.011to 706.791, inclusive.

3. No changes may be made in any schedule, includingschedules of joint rates, or in the regulations affecting any rates or charges,except upon 30 days notice to the Authority, and all those changes must beplainly indicated on any new schedules filed in lieu thereof 30 days before thetime they are to take effect. The Authority, upon application of any carrier, mayprescribe a shorter time within which changes may be made. The 30 days noticeis not applicable when the carrier gives written notice to the Authority 10days before the effective date of its participation in a tariff bureaus ratesand tariffs, provided the rates and tariffs have been previously filed with andapproved by the Authority.

4. The Authority may at any time, upon its own motion,investigate any of the rates, fares, charges, regulations, practices andservices filed pursuant to this section and, after hearing, by order, make suchchanges as may be just and reasonable.

5. The Authority may dispense with the hearing on anychange requested in rates, fares, charges, regulations, practices or servicefiled pursuant to this section.

6. All rates, fares, charges, classifications andjoint rates, regulations, practices and services fixed by the Authority are inforce, and are prima facie lawful, from the date of the order until changed ormodified by the Authority, or pursuant to NRS706.2883.

7. All regulations, practices and service prescribedby the Authority must be enforced and are prima facie reasonable unlesssuspended or found otherwise in an action brought for the purpose, or untilchanged or modified by the Authority itself upon satisfactory showing made.

(Added to NRS by 1971, 697; A 1981, 1129; 1983, 968;1997, 1937, 2672; 1999,492)

NRS 706.323 Limitationon power of Authority to regulate rates.

1. Except as otherwise provided in subsection 2, theAuthority may not investigate, suspend, revise or revoke any rate that issubject to the approval of the Authority pursuant to NRS 706.321 and proposed by a common motorcarrier or contract motor carrier because the rate is too high or too low andtherefore unreasonable if:

(a) The motor carrier notifies the Authority that itwishes to have the rate reviewed by the Authority pursuant to this subsection;and

(b) The rate resulting from all increases or decreaseswithin 1 year is not more than 10 percent above or 10 percent below the rate ineffect 1 year before the effective date of the proposed rate.

2. This section does not limit the authority of theTransportation Services Authority to investigate, suspend, revise or revoke aproposed rate if the rate would violate the provisions of NRS 706.151.

(Added to NRS by 1983, 1222; A 1997, 1938, 2673; 1999, 492)

NRS 706.326 Hearingby Authority concerning propriety of new rate, fare, charge or service;suspension of operation of new schedule; order of Authority.

1. Whenever there is filed with the Authority pursuantto NRS 706.321 any schedule or tariffstating a new or revised individual or joint rate, fare or charge, or any newor revised individual or joint regulation or practice affecting any rate, fareor charge, or any schedule or tariff resulting in a discontinuance,modification or restriction of service, the Authority may commence aninvestigation or, upon reasonable notice, hold a hearing concerning thepropriety of the rate, fare, charge, classification, regulation,discontinuance, modification, restriction or practice.

2. Pending the investigation or hearing and thedecision thereon, the Authority, upon delivering to the common or contractmotor carrier affected thereby a statement in writing of its reasons for thesuspension, may suspend the operation of the schedule or tariff and defer theuse of the rate, fare, charge, classification, regulation, discontinuance,modification, restriction or practice, but not for a longer period than 150days beyond the time when the rate, fare, charge, classification, regulation,discontinuance, modification, restriction or practice would otherwise go intoeffect.

3. After full investigation or hearing, whethercompleted before or after the date upon which the rate, fare, charge,classification, regulation, discontinuance, modification, restriction orpractice is to go into effect, the Authority may make such order in referenceto the rate, fare, charge, classification, regulation, discontinuance, modification,restriction or practice as would be proper in a proceeding initiated after therate, fare, charge, classification, regulation, discontinuance, modification,restriction or practice has become effective.

4. The Authority shall determine whether it isnecessary to hold a hearing to consider the proposed change in any schedulestating a new or revised individual or joint rate, fare or charge. In makingthat determination, the Authority shall consider all timely written protests,any presentation the staff of the Authority may desire to present, theapplication and any other matters deemed relevant by the Authority.

(Added to NRS by 1971, 697; A 1971, 949; 1981, 1130;1997, 1938, 2674; 1999,492)

NRS 706.331 Authoritymay order substitution of just and reasonable rates, regulations and practicesafter investigation and hearing.

1. If, after due investigation and hearing, anyauthorized rates, tolls, fares, charges, schedules, tariffs, joint rates or anyregulation, measurement, practice, act or service that is subject to theapproval of the Authority is complained of and is found to be unjust,unreasonable, insufficient, preferential, unjustly discriminatory or otherwisein violation of the provisions of this chapter, or if it is found that theservice is inadequate, or that any reasonable service cannot be obtained, theAuthority may substitute therefor such other rates, tolls, fares, charges,tariffs, schedules or regulations, measurements, practices, service or acts andmake an order relating thereto as may be just and reasonable.

2. When complaint is made of more than one matter, theAuthority may order separate hearings upon the several matters complained of atsuch times and places as it may prescribe.

3. No complaint may at any time be dismissed becauseof the absence of direct damage to the complainant.

4. The Authority may at any time, upon its own motion,investigate any of the matters listed in subsection 1, and, after a fullhearing, by order, make such changes as may be just and reasonable, the same asif a formal complaint had been made.

(Added to NRS by 1971, 698; A 1979, 133; 1981, 1131;1997, 1939, 2674; 1999,492)

NRS 706.341 Operatorof tow car required to notify Authority of discontinuance of towing services;common motor carrier may not discontinue service without order of Authority.

1. An operator of a towcar shall, in the manner prescribed by the Authority, notify the Authority ifthe operator discontinues providing towing services from an operating terminalor establishes a new operating terminal from which a tow car provides towingservices within 30 days after the operator discontinues providing towingservices from an operating terminal or commences operations at the new terminal.

2. A common motor carrier, other than an operator of atow car, authorized to operate by NRS706.011 to 706.791, inclusive, shallnot discontinue any service established pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and all other lawsrelating thereto and made applicable thereto by NRS 706.011 to 706.791, inclusive, without an order of theAuthority granted only after public notice or hearing in the event of protest.

(Added to NRS by 1971, 699; A 1997, 1939, 2675; 1999, 492)

NRS 706.346 Printingand posting of schedule and joint rates.

1. Except as otherwise provided in subsection 3, acopy, or so much of the schedule or tariff as the Authority determinesnecessary for the use of the public, must be printed in plain type and postedin every office of a common motor carrier where payments are made by customersor users, open to the public, in such form and place as to be readilyaccessible to the public and conveniently inspected.

2. Except as otherwise provided in subsection 3, whena schedule or tariff of joint rates or charges is or may be in force betweentwo or more common motor carriers or between any such carrier and a publicutility, the schedule or tariff must be printed and posted in the mannerprescribed in subsection 1.

3. Only the rates for towing services performedwithout the prior consent of the owner of the vehicle or the person authorizedby the owner to operate the vehicle must be printed and posted by an operatorof a tow car pursuant to subsections 1 and 2.

(Added to NRS by 1971, 699; A 1997, 1939, 2675; 1999, 492)

NRS 706.351 Freeor reduced rates for transportation unlawful; exceptions.

1. It is unlawful for:

(a) A fully regulated carrier to furnish any pass,frank, free or reduced rates for transportation to any state, city, district,county or municipal officer of this State or to any person other than thosespecifically enumerated in this section.

(b) Any person other than those specifically enumeratedin this section to receive any pass, frank, free or reduced rates fortransportation.

2. This section does not prevent the carriage, storageor hauling free or at reduced rates of passengers or property for charitableorganizations or purposes for the United States, the State of Nevada or anypolitical subdivision thereof.

3. This chapter does not prohibit a fully regulatedcommon carrier from giving free or reduced rates for transportation of personsto:

(a) Its own officers, commission agents or employees,or members of any profession licensed under title 54 of NRS retained by it, andmembers of their families.

(b) Inmates of hospitals or charitable institutions andpersons over 60 years of age.

(c) Persons who are physically handicapped or mentallyhandicapped and who present a written statement from a physician to thateffect.

(d) Persons injured in accidents or wrecks andphysicians and nurses attending such persons.

(e) Persons providing relief in cases of commondisaster.

(f) Attendants of livestock or other property requiringthe care of an attendant, who must be given return passage to the place ofshipment, if there is no discrimination among shippers of a similar class.

(g) Officers, agents, employees or members of anyprofession licensed under title 54 of NRS, together with members of theirfamilies, who are employed by or affiliated with other common carriers, ifthere is an interchange of free or reduced rates for transportation.

(h) Indigent, destitute or homeless persons when underthe care or responsibility of charitable societies, institutions or hospitals,together with the necessary agents employed in such transportation.

(i) Students of institutions of learning, including,without limitation, homeless students, whether the free or reduced rate isgiven directly to a student or to the board of trustees of a school district onbehalf of a student.

(j) Groups of persons participating in a tour for apurpose other than transportation.

4. This section does not prohibit common motorcarriers from giving free or reduced rates for the transportation of propertyof:

(a) Their officers, commission agents or employees, ormembers of any profession licensed under title 54 of NRS retained by them, orpensioned or disabled former employees, together with that of their dependents.

(b) Witnesses attending any legal investigations inwhich such carriers are interested.

(c) Persons providing relief in cases of commondisaster.

(d) Charitable organizations providing food and itemsfor personal hygiene to needy persons or to other charitable organizationswithin this State.

5. This section does not prohibit the Authority fromestablishing reduced rates, fares or charges for specified routes or schedulesof any common motor carrier providing transit service if the reduced rates,fares or charges are determined by the Authority to be in the public interest.

6. Only fully regulated common carriers may providefree or reduced rates for the transportation of passengers or household goods,pursuant to the provisions of this section.

7. As used in this section, employees includes:

(a) Furloughed, pensioned and superannuated employees.

(b) Persons who have become disabled or infirm in theservice of such carriers.

(c) Persons who are traveling to enter the service ofsuch a carrier.

(Added to NRS by 1971, 699; A 1975, 1205; 1979, 204;1987, 2257; 1989, 441, 616, 1291, 1292; 1993, 866; 1995, 2615; 1997, 1939; 1999, 90)

NRS 706.356 Certainfree transportation prohibited. It is unlawfulfor any common or contract motor carrier to make a charge for the carriage ofpassengers or property within the territory authorized by its certificate ofpublic convenience and necessity or permit and give free or reduced ratesbeyond such limits.

(Added to NRS by 1971, 700)

NRS 706.361 Personswith disabilities entitled to full and equal enjoyment of facilities of publictransportation; unlawful denial of services and facilities.

1. A person with a disability is entitled to the fulland equal enjoyment of the facilities of any common motor carrier ofpassengers, contract motor carrier of passengers or other entity providing ameans of public conveyance and transportation operating within this State.

2. A common motor carrier of passengers, a contractmotor carrier of passengers and other entities providing means of publicconveyance and transportation shall designate a person responsible for ensuringthat the carrier complies with the applicable provisions of the Americans withDisabilities Act of 1990, 42 U.S.C. 12101 to 12213, inclusive, and 47 U.S.C. 225 and 611, and the regulations adopted pursuant to that Act.

3. The person designated pursuant to subsection 2 shallconduct training sessions for the employees of the carrier or entity. Eachemployee must be provided at least 3 hours of training during one or moretraining sessions. During the training sessions, the designee shall:

(a) Describe the carriers plan for compliance with theAmericans with Disabilities Act of 1990 and the regulations adopted pursuant tothat Act;

(b) Explain the obligations of the employees to assista person with a disability to store a mobility device;

(c) Explain the illegality of charging an additionalfee or a higher fare to a person with a disability; and

(d) Ensure that each employee is trained in accordancewith the requirements of 49 C.F.R. 37.173.

4. It is unlawful for any person to deny any of theprivileges granted by subsection 1.

5. It is unlawful for any common motor carrier,contract motor carrier or other entity providing a means of public conveyanceor transportation operating within this State, to:

(a) Deny the equal enjoyment of its services andfacilities to a person with a disability by the arbitrary, capricious orunreasonable interference, direct or indirect, with the use of aids andappliances used by a person with a disability;

(b) Fail to designate a person pursuant to subsection2; or

(c) Fail to conduct the training sessions in the mannerdescribed in subsection 3.

6. As used in this section, disability has themeaning ascribed to it in 49 C.F.R. 37.3.

(Added to NRS by 1971, 700: A 1971, 946; 1979, 205;1993, 2215)

NRS 706.366 Unlawfulto refuse service of public transportation or charge additional fee or depositto certain persons accompanied by service animal or service animal in training;remedies.

1. It is unlawful for a common motor carrier ofpassengers or other means of public conveyance or transportation operating inthis State to:

(a) Refuse service to a person with a disabilitybecause he is accompanied by a service animal;

(b) Refuse service to a person who is training aservice animal because he is accompanied by the service animal in training; or

(c) Charge an additional fee or a deposit for a serviceanimal or service animal in training.

2. This section does not relieve a person with adisability who is accompanied by a service animal or a person who trains aservice animal from liability for damage which may be caused by the serviceanimal or service animal in training.

3. Persons with disabilities accompanied by serviceanimals on common motor carriers of passengers or other means of publicconveyance or transportation operating in this State are subject to the sameconditions and limitations that apply to persons without disabilities who arenot so accompanied.

4. A common motor carrier of passengers or other meansof public conveyance or transportation operating in this State that violatesany of the provisions of subsection 1 is civilly liable to the person againstwhom the violation was committed for:

(a) Actual damages;

(b) Such punitive damages as may be determined by ajury, or by a court sitting without a jury, which must not be more than threetimes the amount of actual damages, except that in no case may the punitivedamages be less than $750; and

(c) Reasonable attorneys fees as determined by thecourt.

5. The remedies provided in this section arenonexclusive and are in addition to any other remedy provided by law,including, without limitation, any action for injunctive or other equitablerelief available to the aggrieved person or brought in the name of the peopleof this State or the United States.

6. As used in this section:

(a) Service animal has the meaning ascribed to it in NRS 426.097.

(b) Service animal in training has the meaningascribed to it in NRS 426.099.

(Added to NRS by 1971, 700; A 1971, 946; 1973, 1500;1981, 1922; 1987, 825; 1995, 1997; 1997, 76; 2003, 2639, 2978; 2005, 634)

NRS 706.371 Powersof Authority to regulate contract motor carriers. TheAuthority may regulate and fix the maximum number of contracts and the minimumcarrying charges of all intrastate contract motor carriers, and conduct hearings,make and enter necessary orders and enforce the same with respect thereto inthe same manner and form as is now or may hereafter be provided by law for theregulation of the rates, charges and services of common motor carriers.

(Added to NRS by 1971, 700; A 1997, 1941)

Certificates of Public Convenience and Necessity

NRS 706.386 Fullyregulated common motor carrier and operator of tow car required to obtaincertificate. It is unlawful, except asotherwise provided in NRS 373.117, 706.446, 706.453and 706.745, for any fully regulatedcommon motor carrier to operate as a carrier of intrastate commerce and anyoperator of a tow car to perform towing services within this State withoutfirst obtaining a certificate of public convenience and necessity from theAuthority.

(Added to NRS by 1971, 701; A 1979, 362; 1981, 1030;1983, 538; 1995, 2616; 1997, 1941, 2675; 1999, 492)

NRS 706.391 Applicationfor issuance or modification of certificate to operate as common motor carrier:Hearing; standards for reviewing application; duties of applicant; powers ofAuthority.

1. Upon the filing of an application for a certificateof public convenience and necessity to operate as a common motor carrier, otherthan an operator of a tow car, or an application for modification of such acertificate, the Authority shall fix a time and place for a hearing on theapplication.

2. The Authority shall grant the certificate ormodification if it finds that:

(a) The applicant is financially and operationally fit,willing and able to perform the services of a common motor carrier and that theoperation of, and the provision of such services by, the applicant as a commonmotor carrier will foster sound economic conditions within the applicableindustry;

(b) The proposed operation or the proposed modificationwill be consistent with the legislative policies set forth in NRS 706.151;

(c) The granting of the certificate or modificationwill not unreasonably and adversely affect other carriers operating in theterritory for which the certificate or modification is sought;

(d) The proposed operation or the proposed modificationwill benefit and protect the safety and convenience of the traveling andshipping public and the motor carrier business in this State;

(e) The proposed operation, or service under theproposed modification, will be provided on a continuous basis;

(f) The market identified by the applicant as themarket which the applicant intends to serve will support the proposed operationor proposed modification; and

(g) The applicant has paid all fees and costs relatedto the application.

3. The Authority shall not find that the potentialcreation of competition in a territory which may be caused by the granting ofthe certificate or modification, by itself, will unreasonably and adverselyaffect other carriers operating in the territory for the purposes of paragraph(c) of subsection 2.

4. In determining whether the applicant is fit toperform the services of a common motor carrier pursuant to paragraph (a) ofsubsection 2, the Authority shall consider whether the applicant has violatedany provision of this chapter or any regulations adopted pursuant thereto.

5. The applicant for the certificate or modification:

(a) Has the burden of proving to the Authority that theproposed operation will meet the requirements of subsection 2; and

(b) Must pay the amounts billed to the applicant by theAuthority for the costs incurred by the Authority in conducting anyinvestigation regarding the applicant and the application.

6. The Authority may issue or modify a certificate ofpublic convenience and necessity to operate as a common motor carrier, or issueor modify it for:

(a) The exercise of the privilege sought.

(b) The partial exercise of the privilege sought.

7. The Authority may attach to the certificate suchterms and conditions as, in its judgment, the public interest may require.

8. The Authority may dispense with the hearing on theapplication if, upon the expiration of the time fixed in the notice thereof, nopetition to intervene has been filed on behalf of any person who has filed aprotest against the granting of the certificate or modification.

(Added to NRS by 1971, 701; A 1981, 1030; 1983, 1224;1985, 1879; 1997, 1941, 2675; 1999, 492; 2003, 3208)

NRS 706.396 Effectof denial of certificate. Any person who,after hearing, has been denied a certificate of public convenience andnecessity to operate as a carrier must not be permitted again to file a similarapplication with the Authority covering the same type of service and over thesame route or routes or in the same territory for which the certificate ofpublic convenience and necessity was denied except after the expiration of 180days after the date the certificate of public convenience and necessity wasdenied.

(Added to NRS by 1971, 701; A 1981, 1031; 1997, 1942)

NRS 706.398 Revocationor suspension of certificate: Failure to file annual report to operate underterms and conditions of certificate or to comply with provisions of chapter orregulations of Authority. The Authority:

1. Shall revoke or suspend, pursuant to the provisionsof this chapter, the certificate of public convenience and necessity of acommon motor carrier which has failed to:

(a) File the annual report required by NRS 706.167 within 60 days after the reportis due; or

(b) Operate as a carrier of intrastate commerce in thisState under the terms and conditions of its certificate,

unless thecarrier has obtained the prior permission of the Authority.

2. May revoke or suspend, pursuant to the provisionsof NRS 706.2885, the certificate ofpublic convenience and necessity of a common motor carrier which has failed tocomply with any provision of this chapter or any regulation of the Authorityadopted pursuant thereto.

(Added to NRS by 1981, 537; A 1985, 790; 1995, 922;1997, 1942)

NRS 706.411 Orderof Authority prima facie lawful from date of order. Everyorder refusing or granting any certificates of public convenience and necessity,or granting or refusing permission to discontinue, modify or restrict serviceis prima facie lawful from the date of the order until changed or modified bythe order of the Authority pursuant to the provisions of this chapter.

(Added to NRS by 1971, 702; A 1983, 969; 1997, 1942)

Permits for Contract Carriers

NRS 706.421 Contractmotor carrier must obtain permit from Commission. Itis unlawful for any contract motor carrier to act as such within this State inintrastate commerce without first having obtained a permit therefor.

(Added to NRS by 1971, 702)

NRS 706.426 Applicationfor permit: Contents and form. An applicationfor a permit for a new operation as a contract motor carrier shall be:

1. Made to the Authority in writing.

2. In such form and be accompanied by such informationas the Authority may require.

(Added to NRS by 1971, 702; A 1997, 1942)

NRS 706.431 Conditionsfor issuance or denial of permit; approval of contract entered into after issuanceof permit.

1. A permit may be issued to any applicant therefor,authorizing in whole or in part the operation covered by the application, if itappears from the application or from any hearing held thereon that:

(a) The applicant is fit, willing and able properly toperform the service of a contract motor carrier and to conform to allprovisions of NRS 706.011 to 706.791, inclusive, and the regulationsadopted thereunder; and

(b) The proposed operation will be consistent with thepublic interest and will not operate to defeat the legislative policy set forthin NRS 706.151.

2. An application must be denied if the provisions ofsubsection 1 are not met.

3. The Authority shall revoke or suspend pursuant tothe provisions of this chapter the permit of a contract motor carrier who hasfailed to file the annual report required in NRS706.167 within 60 days after the report is due.

4. The Authority shall adopt regulations providing fora procedure by which any contract entered into by a contract motor carrierafter he has been issued a permit pursuant to this section may be approved bythe Authority without giving notice required by statute or by a regulation ofthe Authority.

(Added to NRS by 1971, 702; A 1979, 192; 1985, 1079;1987, 1355; 1997, 1942)

NRS 706.436 Effectof denial of permit. Any person who has beendenied a permit to act as a contract motor carrier after hearing may not file asimilar application with the Authority covering the same type of service andover the same route or routes or in the same territory for which the permit wasdenied except after the expiration of 180 days after the date the permit wasdenied.

(Added to NRS by 1971, 702; A 1997, 1943)

Written Approval for Common Carriers of Property

NRS 706.437 Certaincommon carriers of property to obtain written approval from Department.

1. A common carrier of property, other than a carrierof household goods or an operator of a tow car, shall not operate as a carrierin intrastate commerce without first obtaining written approval from theDepartment.

2. In addition to obtaining written approval pursuantto subsection 1, a carrier seeking to transport radioactive waste shall alsoobtain from the Department the specific permits that are otherwise required totransport such waste.

(Added to NRS by 1995, 2609; A 1997, 2676)

NRS 706.438 Conditionsfor issuance of written approval. The Departmentshall issue its written approval if it finds that the applicant:

1. Satisfies the requirements related to insurance specifiedpursuant to the provisions of NRS 706.291and the requirements of NRS 706.296 ifthe applicant collects the purchase price of goods sold by the shipper;

2. Identifies the terminal facilities used to supportvehicles which are used to provide services related to intrastatetransportation;

3. Acknowledges its understanding of the safetyrequirements applicable to its equipment and operations and agrees to operatein compliance therewith; and

4. Satisfies any other requirements related to safetyor financial responsibility which the Department has adopted by regulation.

(Added to NRS by 1995, 2609)

NRS 706.439 Departmentauthorized to issue written approval at time of registration or licensing ofcarriers fleet.

1. The Department may issue its written approval inconjunction with the registration or licensing of a carriers fleet orequipment or at such time as an application for the written approval isreceived.

2. If the Department receives an application forwritten approval which is not submitted in conjunction with the registration orlicensing of a carriers fleet or equipment, it may charge a fee not to exceed$50 to act upon that application.

(Added to NRS by 1995, 2610)

NRS 706.4395 Cancellationof written approval. The written approval ofthe Department is effective until the Department cancels its written approval.The Department may cancel its written approval if the carrier to whom theapproval is issued:

1. Fails to maintain adequate insurance;

2. Does not notify the Department of any changes inthe location of his terminal facilities; or

3. Does not comply with any applicable requirementsrelating to safety or financial responsibility.

(Added to NRS by 1995, 2610)

Intrastate Transportation or Storage of Household Goods

NRS 706.442 Requirements. Any person engaging in the intrastate transportation orstorage of household goods shall comply with the following requirements:

1. Upon the request of a person seeking service, thecarrier of household goods shall provide the person with a written, bindingestimate of the cost of providing the requested service.

2. The charges assessed for the service rendered maynot exceed the amount in the written estimate, unless the customer requestedservices in addition to those included in the written estimate and agreed topay additional charges.

3. If the person for whom service was provided paysany amount consistent with the provisions of subsection 2, the provider ofservice shall release immediately any household goods that were transported orstored to that person.

4. If a person requesting service alleges that anyhousehold goods were damaged or lost, the person that provided the serviceshall:

(a) Attempt to resolve the dispute; and

(b) Identify the carrier of his insurance and explainthe procedures to file a claim.

5. The provider of service shall advise all personsfor whom service is to be performed of their right to file a complaint with theAuthority and provide the address and telephone number of the nearest businessoffice of the Authority.

6. Any other terms and conditions which the Authoritymay by regulation prescribe to protect the public.

(Added to NRS by 1995, 2610; A 1997, 1943)

NRS 706.443 Enforcementof provisions of NRS 706.442 by Authority; regulations.

1. The provisions of NRS706.442 apply whether or not the person providing the service has receivedauthority to operate from the Authority.

2. The Authority shall enforce the provisions of NRS 706.442 and consider complaintsregarding violations of the provisions of that section pursuant to the provisionsof this chapter. In addition to any other remedies, the Authority may order therelease of any household goods that are being held by the provider of servicesubject to the terms and conditions that the Authority determines to beappropriate and may order the refund of overcharges.

3. The Authority may use the remedies provided in NRS 706.457, 706.461, 706.756,706.761, 706.771 and 706.779 and any other remedy availableunder other law.

4. The Authority shall adopt regulations regarding theadministration and enforcement of this section and NRS 706.442.

(Added to NRS by 1995, 2611; A 1997, 1944)

Tow Cars

NRS 706.445 Limitationson power of Authority to regulate towing services. TheAuthority may not regulate the:

1. Geographical area in which towing services areprovided;

2. Types of towing services that are provided; or

3. Rates and charges assessed or the terms andconditions imposed for towing services performed with the prior consent of theowner of the vehicle or the person authorized by the owner to operate thevehicle,

by anoperator of a tow car.

(Added to NRS by 1997, 2668)

NRS 706.446 Certainoperators of tow cars not required to obtain certificates of public convenienceand necessity. The provisions of this chapterdo not require an operator of a tow car who provides towing for a licensedmotor club regulated pursuant to chapter 696Aof NRS to obtain a certificate of public convenience and necessity or to complywith the regulations or rates adopted by the Authority to provide that towing.

(Added to NRS by 1971, 1464; A 1973, 1524; 1995,1512, 1513; 1997, 1944, 2676, 2683; 1999, 492)

NRS 706.4463 Requirementsfor operators of tow cars: Certificates of public convenience and necessity;size and weight of tow cars; applications for certificates.

1. In addition to the other requirements of thischapter, each operator of a tow car shall, to protect the health, safety andwelfare of the public:

(a) Obtain a certificate of public convenience andnecessity from the Authority before he provides any services other than thoseservices which he provides as a private motor carrier of property pursuant tothe provisions of this chapter;

(b) Use a tow car of sufficient size and weight whichis appropriately equipped to transport safely the vehicle which is being towed;and

(c) Comply with the provisions of NRS 706.011 to 706.791, inclusive.

2. A person who wishes to obtain a certificate ofpublic convenience and necessity to operate a tow car must file an applicationwith the Authority.

3. The Authority shall issue a certificate of publicconvenience and necessity to an operator of a tow car if it determines that theapplicant:

(a) Complies with the requirements of paragraphs (b)and (c) of subsection 1;

(b) Complies with the requirements of the regulationsadopted by the Authority pursuant to the provisions of this chapter;

(c) Has provided evidence that he has filed with theAuthority a liability insurance policy, a certificate of insurance or a bond ofa surety and bonding company or other surety required for every operator of atow car pursuant to the provisions of NRS706.291; and

(d) Has provided evidence that he has filed with theAuthority schedules and tariffs pursuant to subsection 2 of NRS 706.321.

4. An applicant for a certificate has the burden ofproving to the Authority that the proposed operation will meet the requirementsof subsection 3.

5. The Authority may hold a hearing to determinewhether an applicant is entitled to a certificate only if:

(a) Upon the expiration of the time fixed in the noticethat an application for a certificate of public convenience and necessity ispending, a petition to intervene has been granted by the Authority; or

(b) The Authority finds that after reviewing theinformation provided by the applicant and inspecting the operations of theapplicant, it cannot make a determination as to whether the applicant hascomplied with the requirements of subsection 3.

(Added to NRS by 1995, 1510; A 1995, 1513, 2621;1997, 1945, 2677, 2683; 1999,492)

NRS 706.4464 Transferof certificate of public convenience and necessity: Conditions; application;hearing; approval.

1. An operator of a tow car who is issued acertificate of public convenience and necessity may transfer it to anotheroperator of a tow car qualified pursuant to the provisions of NRS 706.011 to 706.791, inclusive, but no such transfer isvalid for any purpose until a joint application to make the transfer is made tothe Authority by the transferor and the transferee, and the Authority hasauthorized the substitution of the transferee for the transferor. No transferof stock of a corporate operator of a tow car subject to the jurisdiction ofthe Authority is valid without the prior approval of the Authority if theeffect of the transfer would be to change the corporate control of the operatorof a tow car or if a transfer of 15 percent or more of the common stock of theoperator of a tow car is proposed.

2. The Authority shall approve an application filedwith it pursuant to subsection 1 if it determines that the transferee:

(a) Complies with the provisions of NRS 706.011 to 706.791, inclusive, and the regulationsadopted by the Authority pursuant to those provisions;

(b) Uses equipment that is in compliance with theregulations adopted by the Authority;

(c) Has provided evidence that he has filed with theAuthority a liability insurance policy, a certificate of insurance or a bond ofa surety and bonding company or other surety required for every operator of atow car pursuant to the provisions of NRS706.291; and

(d) Has provided evidence that he has filed with theAuthority schedules and tariffs pursuant to NRS706.321 which contain rates and charges and the terms and conditions thatthe operator of the tow car requires to perform towing services without theprior consent of the owner of the vehicle or the person authorized by the ownerto operate the vehicle which do not exceed the rates and charges that the transferorwas authorized to assess for the same services.

3. The Authority may hold a hearing concerning anapplication submitted pursuant to this section only if:

(a) Upon the expiration of the time fixed in the noticethat an application for transfer of a certificate of public convenience andnecessity is pending, a petition to intervene has been granted by the Authority;or

(b) The Authority finds that after reviewing theinformation provided by the applicant and inspecting the operations of theapplicant, it cannot make a determination as to whether the applicant hascomplied with the requirements of subsection 2.

4. The Authority shall not hold a hearing on anapplication submitted pursuant to this section if the application is made totransfer the certificate of public convenience and necessity from a naturalperson or partners to a corporation whose controlling stockholders will besubstantially the same person or partners.

5. The approval by the Authority of an application fortransfer of a certificate of public convenience and necessity of an operator ofa tow car is not valid after the expiration of the term for the transferredcertificate.

(Added to NRS by 1997, 2668)

NRS 706.4465 Operatorof tow car required to maintain dispatchers log. Theoperator shall maintain a dispatchers log which shows for each vehicle towed:

1. The date and time the call to provide towing wasreceived.

2. The name of the person requesting that the vehiclebe towed.

3. The date and time a tow car was dispatched toprovide the towing.

4. The date and time the tow car arrived at thelocation of the vehicle to be towed.

5. The date and time the towing was completed.

6. The model, make, year of manufacture, vehicleidentification number and license plate number of the towed motor vehicle.

(Added to NRS by 1995, 1510; A 1995, 1513; 1997,2683)

NRS 706.4467 Requirementsfor towing and storing towed motor vehicles, cargo and personal property. In towing and storing a towed motor vehicle, cargo andpersonal property, the operator shall:

1. Treat original and substituted accessories andequipment of the motor vehicle as part of the vehicle rather than personalproperty.

2. Protect from theft and damage a towed motorvehicle, cargo and personal property which comes into his possession as theresult of a tow.

3. Provide access during normal business hours tomotor vehicles which were towed to the owner, or the agent of the owner.

4. Establish procedures that allow the owner, or agentof the owner, of a towed motor vehicle access to the vehicle or to obtain therelease of the vehicle during those periods in which the operator is notnormally open for such transactions.

5. Not hold or retain any cargo or personal propertywhich comes into his possession as the result of towing as security or for anypurpose other than compliance with the direction of appropriate law enforcementagencies.

6. Afford the owner of the vehicle or his agent theopportunity to inspect and inventory the vehicle before release to detectdamage or theft of property. If damage or theft is detected, the operatorshall:

(a) Resolve the complaint to the satisfaction of theclaimant; or

(b) Identify the carrier of its insurance and explainthe procedure for filing a claim.

(Added to NRS by 1995, 1511; A 1995, 1513; 1997,2683)

NRS 706.4468 Operatorof tow car required to file charges for preparing or satisfying liens withAuthority; conditions for imposing charges.

1. Each operator of a tow car shall file its chargesfor preparing or satisfying a lien to which the operator is entitled against avehicle that was towed without the prior consent of the owner of the vehicle orthe person authorized by the owner to operate the vehicle. The Authority mayinvestigate any charge filed pursuant to this subsection and revise the chargeas necessary to ensure that the charge is reasonable.

2. An operator of a tow car may not impose a charge orany part of a charge filed pursuant to subsection 1 unless the operator:

(a) Has initiated the procedure by which a person maysatisfy a lien; and

(b) Stores the vehicle for at least 96 hours.

3. If an operator of a tow car stores a vehicle thatwas towed without the prior consent of the owner of the vehicle or the personauthorized by the owner to operate the vehicle for at least 96 hours but notmore than 336 hours, the operator may charge an amount not to exceed 50 percentof the charge approved by the Authority pursuant to subsection 1 for preparingor satisfying a lien.

4. If an operator of a tow car stores a vehicle thatwas towed without the prior consent of the owner of the vehicle or the personauthorized by the owner to operate the vehicle for more than 336 hours, theoperator may charge an amount not to exceed 50 percent of the charge approvedby the Authority pursuant to subsection 1 for preparing or satisfying a lien inaddition to the amount charged pursuant to subsection 3.

(Added to NRS by 1997, 2669)

NRS 706.4469 Releaseof motor vehicle connected to tow car at point of origination of towing. The operator shall allow the owner, or agent of the owner,of a motor vehicle that has been connected to a tow car to obtain the releaseof the vehicle at the point of origination of the towing if:

1. A request is made to release the vehicle; and

2. The owner or agent pays a fee established by theoperator for releasing the vehicle.

(Added to NRS by 1995, 1511; A 1995, 1513; 1997,2683)

NRS 706.4473 Operatorrequired to inform owner of towed motor vehicle of right to file complaint withAuthority. The operator shall inform eachowner, or agent of the owner, of a towed motor vehicle that the owner or agentmay file a complaint with the Authority regarding any violation of theprovisions of this chapter.

(Added to NRS by 1995, 1511; A 1995, 1513; 1997,1945, 2683; 1999, 492)

NRS 706.4475 Operatorprohibited from knowingly towing vehicle after another operator alreadyrequested. An operator shall not knowingly towa vehicle that another operator has previously been requested to tow.

(Added to NRS by 1995, 1511; A 1995, 1513; 1997,2683)

NRS 706.4477 Conditionsfor person other than owner of motor vehicle to request towing. If towing is requested by a person other than the owner,or an agent of the owner, of the motor vehicle or a law enforcement officer:

1. The person requesting the towing must be the ownerof the real property from which the vehicle is towed or his authorized agentand must sign a specific request for the towing. For the purposes of thissection, the operator is not an authorized agent of the owner of the realproperty.

2. The area from which the vehicle is to be towed mustbe appropriately posted in accordance with state or local requirements.

3. Notice must be given to the appropriate lawenforcement agency pursuant to state and local requirements.

4. The operator may be directed to terminate thetowing by a law enforcement officer.

(Added to NRS by 1995, 1511; A 1995, 1513; 1997,2683)

NRS 706.4479 Dutiesof operator if motor vehicle towed at request of person other than owner;limitations on certain fees and charges.

1. If a motor vehicle is towed at the request ofsomeone other than the owner, or authorized agent of the owner, of the motorvehicle, the operator shall, in addition to the requirements set forth in theprovisions of chapter 108 of NRS:

(a) Notify the registered and legal owner of the motorvehicle by certified mail not later than 21 days after placing the motorvehicle in storage if the motor vehicle was towed at the request of a lawenforcement officer following an accident involving the motor vehicle or notlater than 15 days after placing any other vehicle in storage:

(1) Of the location where the motor vehicle isbeing stored;

(2) Whether the storage is inside a lockedbuilding, in a secured, fenced area or in an unsecured, open area;

(3) Of the charge for storage; and

(4) Of the date and time the vehicle was placedin storage.

(b) If the identity of the registered and legal ownersis not readily available, request the necessary information from theDepartment. The operator shall attempt to notify the owner of the vehicle assoon as possible, but in no case later than:

(1) Twenty-one days after identification of theowner is obtained if the motor vehicle that is placed in storage was towed atthe request of a law enforcement officer following an accident involving themotor vehicle; or

(2) Fifteen days after identification of theowner is obtained for any other motor vehicle.

(c) Use all resources reasonably necessary to ascertainthe name of the owner of a vehicle and is responsible for making an independentinquiry and correct notification of the owner.

2. If a motor vehicle that is placed in storage wastowed at the request of a law enforcement officer following an accidentinvolving the motor vehicle, the operator shall not impose any administrativeor processing fee or charge with respect to the vehicle for the period ending14 days after the date on which the motor vehicle was placed in storage.

(Added to NRS by 1995, 1511; A 1997 1513; 1997, 2683;2001, 2637; 2005, 703)

NRS 706.4483 Authorityto act upon complaints relating to operators of tow cars; remedies.

1. The Authority shall act upon complaints regardingthe failure of an operator of a tow car to comply with the provisions of NRS 706.011 to 706.791, inclusive.

2. In addition to any other remedies that may beavailable to the Authority to act upon complaints, the Authority may order therelease of towed motor vehicles, cargo or personal property upon such terms andconditions as the Authority determines to be appropriate.

(Added to NRS by 1995, 1512; A 1995, 1513; 1997,1946, 2678, 2683; 1999,492)

NRS 706.4485 Conditionsfor inclusion of operator of tow car on list maintained and used by lawenforcement agency; rates charged to law enforcement agencies; Nevada HighwayPatrol prohibited from removing operator from list or restricting use ofoperator under certain circumstances.

1. A law enforcement agency that maintains and uses alist of operators of tow cars which are called by that agency to provide towingshall not include an operator of a tow car on the list unless he:

(a) Holds a certificate of public convenience andnecessity issued by the Authority.

(b) Complies with all applicable provisions of thischapter and chapters 482 and 484 of NRS.

(c) Agrees to respond in a timely manner to requestsfor towing made by the agency.

(d) Maintains adequate, accessible and secure storagewithin the State of Nevada for any vehicle that is towed.

(e) Complies with all standards the law enforcementagency may adopt to protect the health, safety and welfare of the public.

(f) Assesses only rates and charges that have beenapproved by the Authority for towing services performed without the prior consentof the owner of the vehicle or the person authorized by the owner to operatethe vehicle.

2. The Authority shall not require that an operator ofa tow car charge the same rate to law enforcement agencies for towing servicesperformed without the prior consent of the owner of the vehicle or the personauthorized by the owner to operate the vehicle that the operator charges toother persons for such services.

3. Except as otherwise provided in this subsection, ifan operator of a tow car is included on a list of operators of tow cars that ismaintained and used by the Nevada Highway Patrol pursuant to this section, theNevada Highway Patrol shall not remove the operator of the tow car from thelist, or restrict his use pursuant thereto, solely on the ground that theoperator is insured under the same policy of insurance as one other operator ofa tow car who is included on the list and operates in the same geographicalarea. An operator of a tow car is not eligible for inclusion on the list if theoperator is insured under the same policy of insurance as two or more otheroperators of tow cars who are included on the list and operate in the samegeographical area.

(Added to NRS by 1995, 1512; A 1995, 1513; 1997,1946, 2678, 2683; 1999,492, 1331)

NRS 706.449 Administrativefine for failure to pay charge for cleaning roadway after accident. The Authority may impose an administrative fine pursuant tosubsection 2 of NRS 706.771 on the owneror operator of a tow car who fails to pay in a timely manner any chargerequired to be paid by subsection 2 of NRS484.631.

(Added to NRS by 1991, 247; A 1997, 1946)

NRS 706.451 Annualfee; penalty and interest.

1. Each owner or operator of a tow car subject to thejurisdiction of the Authority shall, before commencing to operate or continuingoperation after July 1, 1971, and annually thereafter, pay to the Authority foreach tow car operated, a fee of not more than $36.

2. The fee provided in this section must be paid on orbefore January 1 of each year.

3. The initial fee must be reduced one-twelfth foreach month which has elapsed since the beginning of the calendar year beforeJuly 1, 1971, for those tow cars lawfully operating on that date or before thecommencement of operation of each tow car commencing operation after July 1,1971.

4. Any person who fails to pay any fee on or beforethe date provided in this section shall pay a penalty of 10 percent of theamount of the fee plus interest on the amount of the fee at the rate of 1percent per month or fraction of a month from the date the fee is due until thedate of payment.

(Added to NRS by 1971, 1465; A 1987, 896; 1997, 1946)

NRS 706.453 Exemptionof certain automobile wreckers. The provisionsof NRS 706.445 to 706.451, inclusive, do not apply toautomobile wreckers who are licensed pursuant to chapter487 of NRS.

(Added to NRS by 1987, 1605; A 1991, 247; 1995, 1513;1997, 2678)

Subpoenas; Orders to Cease and Desist

NRS 706.457 Authoritymay subpoena certain persons who have not obtained certificate of publicconvenience and necessity or permit. TheAuthority may by subpoena require any person believed by it to be subject toany of the provisions of NRS 706.011 to 706.791, inclusive, who has not obtained arequired certificate of public convenience and necessity or a required permitissued in accordance with those sections, to appear before it with all of hisrelevant books, papers and records and to testify concerning the scope, natureand conduct of his business.

(Added to NRS by 1979, 817; A 1995, 2616; 1997, 1947)

NRS 706.458 Enforcementof subpoena.

1. The district court in and for the county in whichany investigation or hearing is being conducted by the Authority pursuant tothe provisions of this chapter may compel the attendance of witnesses, thegiving of testimony and the production of books and papers as required by anysubpoena issued by the Authority.

2. If any witness refuses to attend or testify orproduce any papers required by such subpoena the Authority may report to thedistrict court in and for the county in which the investigation or hearing ispending by petition, setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in this chapter; and

(c) That the witness has failed and refused to attendor produce the papers required by subpoena in the investigation or hearingnamed in the subpoena, or has refused to answer questions propounded to him inthe course of such investigation or hearing,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers.

3. The court, upon petition of the Authority, shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in such order, the time to be not more than 10days from the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the Authority. Acertified copy of the order must be served upon the witness. If it appears tothe court that the subpoena was regularly issued, the court shall thereuponenter an order that the witness appear at the time and place fixed in the orderand testify or produce the required books or papers, and upon failure to obeythe order the witness must be dealt with as for contempt of court.

(Added to NRS by 1979, 817; A 1997, 1947)

NRS 706.461 Investigationof operations and advertising; hearing; order to cease and desist. When:

1. A complaint has been filed with the Authorityalleging that any vehicle is being operated without a certificate of publicconvenience and necessity or contract carriers permit as required by NRS 706.011 to 706.791, inclusive; or

2. The Authority has reason to believe that any:

(a) Person is advertising to provide:

(1) The services of a fully regulated carrier inintrastate commerce; or

(2) Towing services,

withoutincluding the number of his certificate of public convenience and necessity orpermit in each advertisement; or

(b) Provision of NRS706.011 to 706.791, inclusive, is beingviolated,

theAuthority shall investigate the operations or advertising and may, after a hearing,order the owner or operator of the vehicle or the person advertising to ceaseand desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive. The Authority shallenforce compliance with the order pursuant to the powers vested in theAuthority by NRS 706.011 to 706.791, inclusive, or by other law.

(Added to NRS by 1971, 702; A 1989, 211; 1995, 2616;1997, 1947, 2679; 1999,492)

Charter Buses

NRS 706.463 Regulationof owner or operator of charter bus which is not fully regulated carrier:Safety; liability insurance and bonds; schedules and tariffs. Each owner or operator of a charter bus which is not afully regulated carrier shall:

1. Comply with the provisions of this chapter and anyregulations adopted by the Authority pursuant to this chapter relating tosafety;

2. Submit evidence satisfactory to the Authority thatthe owner or operator has obtained a liability insurance policy, certificate ofinsurance, bond of a surety company or other surety in the time, amount andform required by the Authority for a common motor carrier of passengerspursuant to NRS 706.291; and

3. Not later than 5 days before beginning operation inthis State, submit to the Authority a copy of its schedule or tariff settingforth the rates established by the owner or operator. If the owner or operatorintends to make any changes to its schedule or tariff, the owner or operatorshall submit an updated copy of the schedule or tariff to the Authority notlater than 5 days before the date on which those changes are to becomeeffective. Notwithstanding any provision of this chapter to the contrary,schedules and tariffs submitted by the owner or operator to the Authority pursuantto this section, and the rates set forth in those schedules and tariffs, arenot subject to hearing or approval by the Authority.

(Added to NRS by 2005, 942)

Limousines

NRS 706.465 Annualfee.

1. An operator of a limousine shall, beginning on July1, 2003, and on July 1 of each year thereafter, pay to the Authority a fee of$100 for each limousine that the Authority has authorized the operator tooperate.

2. As used in this section, limousine includes:

(a) A livery limousine; and

(b) A traditional limousine.

(Added to NRS by 2003, 3207)

Taxicab Motor Carriers

NRS 706.471 Annualfee; penalty and interest.

1. Each taxicab motor carrier shall, before commencingthe operation defined in NRS 706.126 andannually thereafter, pay to the Authority for each taxicab which it operates,including each taxicab it leases pursuant to NRS706.473, a fee of not more than $75 as determined by a regulation of theAuthority.

2. The fee provided in this section must be paid on orbefore January 1 of each year.

3. The initial fee must be reduced one-twelfth foreach month which has elapsed since the beginning of the calendar year in whichoperation is begun.

4. Any person who fails to pay any fee on or beforethe date provided in this section shall pay a penalty of 10 percent of the amountof the fee plus interest on the amount of the fee at the rate of 1 percent permonth or fraction of a month from the date the fee is due until the date ofpayment.

(Added to NRS by 1971, 702; A 1973, 1839; 1987, 896;1993, 2650; 1997, 1948)

NRS 706.473 Leasingof taxicab to independent contractor: Authorization in certain counties;limitations; approval of agreement; liability for violations; intervention incivil action by Authority.

1. In a county whose population is less than 400,000,a person who holds a certificate of public convenience and necessity which wasissued for the operation of a taxicab business may, upon approval from theAuthority, lease a taxicab to an independent contractor who does not hold acertificate of public convenience and necessity. A person may lease only onetaxicab to each independent contractor with whom he enters into a leaseagreement. The taxicab may be used only in a manner authorized by the lessorscertificate of public convenience and necessity.

2. A person who enters into a lease agreement with anindependent contractor pursuant to this section shall submit a copy of theagreement to the Authority for its approval. The agreement is not effectiveuntil approved by the Authority.

3. A person who leases a taxicab to an independentcontractor is jointly and severally liable with the independent contractor forany violation of the provisions of this chapter or the regulations adoptedpursuant thereto, and shall ensure that the independent contractor complies withsuch provisions and regulations.

4. The Authority or any of its employees may intervenein a civil action involving a lease agreement entered into pursuant to thissection.

(Added to NRS by 1993, 2649; A 1997, 1948)

NRS 706.475 Leasingof taxicab to independent contractor: Regulations of Authority.

1. The Authority shall adopt such regulations as arenecessary to:

(a) Carry out the provisions of NRS 706.473; and

(b) Ensure that the taxicab business remains safe,adequate and reliable.

2. Such regulations must include, without limitation:

(a) The minimum qualifications for an independentcontractor;

(b) Requirements related to liability insurance;

(c) Minimum safety standards; and

(d) The procedure for approving a lease agreement andthe provisions that must be included in a lease agreement concerning thegrounds for the revocation of such approval.

(Added to NRS by 1993, 2649; A 1997, 1949)

Impoundment of Vehicles Used in Passenger Service

NRS 706.476 Impoundmentby Authority of vehicle in unauthorized use as taxicab; notice and hearing;administrative fine. Except as otherwiseprovided in NRS 706.478:

1. A vehicle used as a taxicab, limousine or otherpassenger vehicle in passenger service must be impounded by the Authority if acertificate of public convenience and necessity has not been issued authorizingits operation. A hearing must be held by the Authority no later than theconclusion of the second normal business day after impoundment, weekends andholidays excluded. As soon as practicable after impoundment, the Authorityshall notify the registered owner of the vehicle:

(a) That the registered owner of the vehicle must posta bond in the amount of $20,000 to ensure his presence at all proceedings heldpursuant to this section;

(b) Of the time set for the hearing; and

(c) Of his right to be represented by counselduring all phases of the proceedings.

2. The Authority shall hold the vehicle until theregistered owner of the vehicle appears and:

(a) Proves that he is the registered owner of thevehicle;

(b) Proves that he holds a valid certificate of publicconvenience and necessity;

(c) Proves that the vehicle meets all requiredstandards of the Authority; and

(d) Posts a bond in the amount of $20,000 with theAuthority.

TheAuthority shall return the vehicle to its registered owner when the owner meetsthe requirements of this subsection and pays all costs of impoundment.

3. If the registered owner is unable to meet therequirements of paragraph (b) or (c) of subsection 2, the Authority may assessan administrative fine against the registered owner for each such violation inthe amount of $5,000. The maximum amount of the administrative fine that may beassessed against a registered owner for a single impoundment of his vehiclepursuant to this section is $10,000. The Authority shall return the vehicleafter any administrative fine imposed pursuant to this subsection and all costsof impoundment have been paid.

(Added to NRS by 1997, 1929; A 1999, 1962)

NRS 706.478 Short-termlessor not liable for fine or penalty related to impoundment of vehicle inunauthorized use as taxicab if vehicle in care, custody or control of lessee;evidence of care, custody or control; release of vehicle to short-term lessor.

1. Notwithstanding any provision of NRS 706.011 to 706.791, inclusive, to the contrary, if theregistered owner of a vehicle which is impounded pursuant to NRS 706.476 is a short-term lessor licensedpursuant to NRS 482.363 who is engagedin the business of renting or leasing vehicles in accordance with NRS 482.295 to 482.3159, inclusive, the registered owneris not liable for any administrative fine or other penalty that may be imposedby the Authority for the operation of a passenger vehicle in violation of NRS 706.011 to 706.791, inclusive, if at the time that thevehicle was impounded, the vehicle was in the care, custody or control of alessee.

2. A short-term lessor may establish that a vehiclewas subject to the care, custody or control of a lessee at the time that thevehicle was impounded pursuant to NRS706.476 by submitting to the Authority a true copy of the lease or rentalagreement pursuant to which the vehicle was leased or rented to the lessee bythe short-term lessor. The submission of a true copy of a lease or rentalagreement is prima facie evidence that the vehicle was in the care, custody orcontrol of the lessee.

3. Upon the receipt of a true copy of a written leaseor rental agreement pursuant to subsection 2 which evidences that the vehicleimpounded by the Authority pursuant to NRS706.476 was under the care, custody or control of a lessee and not theregistered owner of the vehicle, the Authority shall release the vehicle to theshort-term lessor.

4. As used in this section, short-term lessor hasthe meaning ascribed to it in NRS 482.053.

(Added to NRS by 1999, 1962)

Licenses and Fees

NRS 706.481 Operatorof motor vehicle within provisions of chapter deemed owner; joint and severalliability of lessor and lessee for fees, taxes, penalties and interest.

1. For the purposes of this chapter, the operator of avehicle which comes within the provisions of this chapter, whether as a singlevehicle or as part of a fleet, shall be deemed to be the owner of such vehicle.

2. The lessee and lessor of such a vehicle are jointlyand severally liable for any fees, taxes, penalties or interest owed to theState under the provisions of this chapter.

(Added to NRS by 1971, 703)

NRS 706.491 Motorcarrier must be licensed. Every personoperating as a common, contract or private motor carrier must, beforecommencing operation in this State in any calendar year, secure from theDepartment a license and make payments therefor as provided in NRS 706.011 to 706.861, inclusive, as applicable.

(Added to NRS by 1971, 703; A 1981, 1049; 1989, 1410)

NRS 706.521 Temporarypermit for certain motor vehicles; fee.

1. Any person has the option, in lieu of causing amotor vehicle which has a declared gross weight in excess of 26,000 pounds tobe licensed pursuant to the provisions of NRS482.482 or 706.841, of purchasing atemporary permit and paying a fee of $5 plus 15 cents for each mile theDepartment estimates the vehicle will travel within the State of Nevada duringthe effective period of the temporary permit.

2. Except as otherwise provided in subsection 3, atemporary permit authorizes operation over the highways of this State frompoint of entry to point of exit for not more than 24 consecutive hours.

3. The Department may issue to the owner or operatorof a common motor carrier of passengers a temporary permit which authorizesoperation for not more than 120 consecutive hours.

4. If a person is issued a temporary permit pursuantto the provisions of this section, the Department shall credit the cost of thatpermit against the cost of any license subsequently issued to that personpursuant to the provisions of either NRS482.482 or 706.841 whose effectivedates include the effective dates of the temporary permit, or if that licensefee has been satisfied, against any fee owed to the Department pursuant to theprovisions of chapter 366 of NRS.

(Added to NRS by 1971, 706; A 1973, 696; 1979, 1077;1981, 1050; 1985, 1844, 2130; 1987, 608; 1989, 1410; 1993, 1986; 1995, 314;1997, 323)

NRS 706.531 Combinationsof vehicles: Special identifying devices; display; transfer; fee; penalties.

1. The Department of Transportation shall approve anapplication for a permit pursuant to the provisions of subsection 5 of NRS 484.739. The permit must be carriedand displayed in such a manner as the Department determines on every combinationso operating. The permit issued may be transferred from one combination toanother, under such conditions as the Department may by regulation prescribe,but must not be transferred from one person or operator to another withoutprior approval of the Department. The permit may be used only on motor vehiclesregularly licensed pursuant to the provisions of NRS 482.482.

2. The annual fee for each permit for a combination ofvehicles is $60 for each 1,000 pounds or fraction thereof of gross weight inexcess of 80,000 pounds. The fee must be reduced one-twelfth for each monththat has elapsed since the beginning of each calendar year, rounded to thenearest dollar, but must not be less than $50. The annual fee for each permitfor a combination of vehicles not exceeding 80,000 pounds is $10. The fee mustbe paid in addition to all other fees required by the provisions of thischapter.

3. Any person operating a combination of vehicleslicensed pursuant to the provisions of subsection 2 who is apprehendedoperating a combination in excess of the gross weight for which the fee insubsection 2 has been paid is, in addition to all other penalties provided bylaw, liable for the difference between the fee for the load being carried andthe fee paid, for the full licensing period.

4. Any person apprehended operating a combination ofvehicles without having complied with the provisions of NRS 484.739 and this section is, inaddition to all other penalties provided by law, liable for the payment of thefee which would be due pursuant to the provisions of subsection 2 for thebalance of the calendar year for the gross load being carried at the time ofapprehension.

5. The holder of an original permit may, uponsurrendering the permit to the Department or upon delivering to the Departmenta signed and notarized statement that the permit was lost or stolen and suchother documentation as the Department may require, apply to the Department:

(a) For a refund of an amount equal to that portion ofthe fees paid for the permit that is attributable, on a pro rata monthly basis,to the remainder of the calendar year; or

(b) To have that amount credited against excise taxesdue pursuant to the provisions of chapter 366of NRS.

(Added to NRS by 1971, 707; A 1979, 1817; 1981, 667;1983, 1629; 1985, 1845; 1987, 609; 1989, 271, 1411; 1995, 315; 1997, 323; 2003, 406)

NRS 706.541 Purchaseof temporary permit required from nearest available vendor to point of entry,before entering State or from first vendor along scheduled route.

1. Any person who elects to purchase a temporarypermit pursuant to NRS 706.521 in lieuof causing a vehicle to be licensed pursuant to the provisions of NRS 482.482 or 706.481 shall secure a permit from a vendorauthorized to issue those permits pursuant to NRS481.051.

2. If the person will not pass a vendor along hisscheduled route, he shall secure the permit:

(a) Before entering this State; or

(b) From the nearest available vendor to his point ofentry into this State.

3. If the person will pass a vendor along hisscheduled route, he shall secure the permit from the first vendor located alongthat route.

(Added to NRS by 1971, 707; A 1973, 696; 1987, 610;1989, 1412; 1995, 316; 1999,401)

NRS 706.546 Chargefor credit allowed against subsequent fees. Wherecredit is allowed against any subsequent fee for a permit paid pursuant to theprovisions of NRS 706.521, there is anonrefundable charge of $5.

(Added to NRS by 1971, 708; A 1987, 610; 1989, 1412;1995, 316)

NRS 706.561 Temporarywaiver of fees in emergency. The Departmentmay temporarily waive any fee imposed upon a motor carrier when an emergencyexists requiring expeditious transportation. As used in this section,emergency means a condition requiring action to prevent, minimize or repairinjury and damage resulting from disasters caused by enemy attack, sabotage orother hostile action, or by fire, flood, earthquake or other natural causes.

(Added to NRS by 1971, 708; A 1981, 1052)

NRS 706.566 Civilaction for collection of unpaid fees. TheDepartment may, in its discretion, where a fee or other amount provided for in NRS 706.011 to 706.861, inclusive, remains unpaid for morethan 15 days and the person liable for it neglects or refuses to pay it for anyreason, direct that a civil action be commenced by the Attorney General in acourt of competent jurisdiction in the proper county for the recovery of thefee or other amount.

(Added to NRS by 1971, 708; A 1979, 201)

NRS 706.571 Procedurefor refund of fee, penalty or interest.

1. If through clerical error the Department collectsor receives any fee, penalty or interest imposed pursuant to the provisions of NRS 706.011 to 706.861, inclusive, the fee, penalty orinterest must be refunded or credited to the person paying it. Notificationstating the specific grounds therefor must be made within 36 months after thedate of payment, whether the fee, penalty or interest was paid voluntarily or underprotest.

2. Refunds pursuant to the provisions of this sectionmay only be made for errors such as mistakes in computation, double paymentsand similar clerical or ministerial errors. A request for the refund of a feebased upon the constitutionality or interpretation of a statute must be madepursuant to the provisions of NRS 706.576.

3. Refunds must be made to a successor, assignee,estate or heir of the person if written application is made within the timeprescribed.

4. Any amount determined to be refundable by the Departmentmust be refunded or credited to any amounts then due from the person to whomthe refund is due. A refund must not be made for an amount less than $5. Acredit must be retained until the amount reaches at least $5, at which time itmust be refunded.

5. All amounts refunded pursuant to the provisions ofthis chapter must be paid from the Motor Vehicle Fund on claims presented bythe Department, approved by the State Board of Examiners, and paid as otherclaims against the State are paid.

(Added to NRS by 1971, 708; A 1973, 705; 1975, 214;1981, 1052; 1987, 970; 1989, 1412; 1993, 1986)

NRS 706.576 Injunctionor other process to prevent collection of fees prohibited; action to recoveramount paid under protest.

1. No injunction, writ of mandate or other legal orequitable process shall issue in any suit, action or proceeding in any courtagainst this State or any officer thereof to prevent or enjoin the collectionunder NRS 706.011 to 706.861, inclusive, of any fee or otheramount required to be collected.

2. After payment of any such fee or other amount underprotest, duly verified and setting forth the grounds of objection to thelegality thereof, filed with the Department at the time of payment of the feeor other amount protested, the person making the payment may bring an actionagainst the State Treasurer in the district court in and for Carson City forthe recovery of the amount so paid under protest.

(Added to NRS by 1971, 709)

NRS 706.581 Actionto recover amount paid: Time to sue; waiver of right; consideration of groundsof illegality.

1. No action authorized by NRS 706.576 may be instituted more than 90days after payment under protest has been made. Failure to bring suit withinthe 90 days constitutes a waiver of any and all demands against the State onaccount of alleged overpayments.

2. No grounds for refund may be considered by thecourt other than those set forth in the protest filed at the time of suchpayment.

(Added to NRS by 1971, 709)

NRS 706.586 Judgmentfor plaintiff: Disposition of amount; interest.

1. If judgment is rendered for the plaintiff, theamount of the judgment shall first be credited on any fee or other amount duefrom the plaintiff under NRS 706.011 to 706.861, inclusive, and the balance of thejudgment shall be refunded to the plaintiff.

2. On any such judgment, interest shall be allowed atthe rate of 6 percent per annum upon the amount ordered to be refunded, fromthe date of payment of such amount to the date of allowance of credit onaccount of such judgment or to a date preceding the date of the refund warrantby not more than 30 days, such date to be determined by the Department.

(Added to NRS by 1971, 709)

NRS 706.591 Issuanceof writ of attachment; bond or affidavit not required.In any action commenced under NRS706.566, a writ of attachment may issue, and no bond or affidavit previousto the issuing of the attachment shall be required.

(Added to NRS by 1971, 709)

NRS 706.596 Evidentiaryeffect of verified claim of Department. In anyaction under NRS 706.566, a verifiedclaim by the Department showing the delinquency shall be prima facie evidenceof the amount of such obligation, of such delinquency, and of compliance by theDepartment with all provisions of this chapter relating to such obligation.

(Added to NRS by 1971, 709)

NRS 706.601 Delinquentfees, interest and penalties constitute lien against motor vehicle; time ofattachment of lien; Department to notify registered owner before seizure andsale of vehicle; hearing. Except as otherwiseprovided in NRS 706.611:

1. The delinquent fees, interest and penaltiesconstitute a lien upon and have the effect of an execution duly levied againstany vehicle owned or being purchased by the licensee for the operation of whichfees or other obligations are due pursuant to the provisions of NRS 482.482 or 706.011 to 706.861, inclusive. The lien attaches atthe time the vehicle is operated in this State with fees or other obligationsdelinquent.

2. In accordance with the provisions of subsections 3and 4, the Department may seize and sell any vehicle subject to a lien pursuantto the provisions of subsection 1.

3. The Department shall, not less than 10 days beforethe seizure of a vehicle, give to the registered owner of the vehicle, thelegal owner of the vehicle and to every other person known to be claiming aninterest in the vehicle, notice of the lien and of its intent to seize and sellthe vehicle. The notice shall be deemed effective if sent by certified mailaddressed to the person at his address as it appears on the records of theDepartment.

4. Any person who receives notice of the lien mayrequest a hearing to contest the existence or amount of the lien. If a hearingis not requested within 10 days after the effective date of the notice, theDepartment may seize and sell the vehicle.

(Added to NRS by 1971, 709; A 1989, 1412; 1993, 1987)

NRS 706.606 Durationof lien. The lien shall not be removed untilthe fees or other amounts are paid or the vehicle subject to the lien is soldin payment of the fees or other amounts.

(Added to NRS by 1971, 709)

NRS 706.611 Priorityof lien. The lien is paramount to all privateliens or encumbrances of whatever character upon the vehicle and to the rightsof any conditional vendor or any other holder of the legal title to such vehicle,with the following exceptions:

1. The lien shall not be enforceable against anyvehicle which was transferred in good faith to a bona fide transferee beforephysical possession of the vehicle was taken by the State of Nevada pursuant tothe lien.

2. The lien shall be subordinate to any lien ofindebtedness secured by a security agreement which existed against a vehicleprior to the time when the lien provided by NRS706.601 attached to such vehicle if:

(a) Such indebtedness was incurred in good faith tosecure a portion of the purchase price of such vehicle;

(b) Such indebtedness is secured by a securityagreement perfected as required by law; and

(c) Such security agreement, whether providing for apurchase money security interest or otherwise, was not given, directly orindirectly, to any officer or stockholder of a corporation having the lawfuluse or control of such vehicle.

3. Notwithstanding the provisions of subsection 2, thelien provided by NRS 706.601 shall beenforceable as to any equity which may remain in a vehicle subject to such lienafter the encumbrance of any security interest has been removed by repossessionand sale of such vehicle by the secured party, but no such sale, either publicor private, may be had unless such secured party has served, by registered orcertified mail, at least 5 days prior to the date set for sale, notice upon theDirector of the Department of the time and place of such sale. The Departmentshall notify the secured party, if the name of the secured party is known tothe Department, at the time the lien attaches to any vehicle, or as soonthereafter as the Department learns that the lien has attached.

(Added to NRS by 1971, 709)

NRS 706.616 Transferof ownership or license: Issuance of certificate of registration or title ortransfer of license prohibited until Department certifies removal of lien.

1. If the ownership of a vehicle subject to the lienprovided for by NRS 706.601 istransferred, whether by operation of law or otherwise, no certificate ofregistration or certificate of title with respect to such vehicle may be issuedby the Department to the transferee or person otherwise entitled thereto untilthe Department has issued a certificate that such lien has been removed.

2. No license issued under chapter706 of NRS with respect to a vehicle which becomes subject to the lienprovided for by NRS 706.601 may betransferred until the Department has issued a certificate that the lien hasbeen removed.

(Added to NRS by 1971, 710; A 2003, 479)

NRS 706.621 Noticeby Department to person controlling credits or property of delinquent licensee;limitations on transfer or disposition of property.

1. If any licensee is delinquent in the payment of anyfee or other amount imposed under NRS706.011 to 706.861, inclusive, theDepartment may give notice of the amount of such delinquency by registered orcertified mail to all persons having in their possession or under their controlany credits or other personal property belonging to such licensee, or owing anydebts to such licensee at the time of the receipt by them of such notice.Thereafter any person so notified shall neither transfer nor make otherdisposition of such credits, personal property or debts until the Department hasconsented to a transfer or disposition, or until 20 days have elapsed from andafter the receipt of such notice.

2. All persons so notified shall, within 5 days afterthe receipt of such notice, advise the Department of any such credits, personalproperty or debts in their possession, under their control or owing by them, asthe case may be.

(Added to NRS by 1971, 710)

NRS 706.626 Revocationor denial of license: Notice and hearing.

1. For reasonable cause the Department may revoke anylicense issued pursuant to this chapter or refuse to issue any license providedfor in this chapter.

2. Before revoking a license, the Department shallsend a notice by registered or certified mail to the licensee at his last knownaddress ordering him to appear before the Department at a time not less than 10days after the mailing of such notice and show cause why the license should notbe revoked.

(Added to NRS by 1971, 711)

NRS 706.631 Remediesof State cumulative; election of remedies. Theremedies of the State provided for in NRS706.011 to 706.861, inclusive, arecumulative, and no action taken by the Department or Authority may be construedto be an election on the part of the State or any of its officers to pursue anyremedy under NRS 706.011 to 706.861, inclusive, to the exclusion of anyother remedy for which provision is made in NRS706.011 to 706.861, inclusive.

(Added to NRS by 1971, 711; A 1997, 1949)

Transfer of Certificates, Permits and Licenses

NRS 706.6411 Procedure;limitation on transfer of stock of corporate motor carriers other thanoperators of tow cars.

1. All motor carriers, other than operators of towcars, regulated pursuant to NRS 706.011to 706.791, inclusive, to whom thecertificates, permits and licenses provided by NRS 706.011 to 706.791, inclusive, have been issued maytransfer them to another carrier, other than an operator of a tow car,qualified pursuant to NRS 706.011 to 706.791, inclusive, but no such transfer isvalid for any purpose until a joint application to make the transfer has beenmade to the Authority by the transferor and the transferee, and the Authorityhas authorized the substitution of the transferee for the transferor. Notransfer of stock of a corporate motor carrier subject to the jurisdiction ofthe Authority is valid without the prior approval of the Authority if theeffect of the transfer would be to change the corporate control of the carrieror if a transfer of 15 percent or more of the common stock of the carrier isproposed.

2. Except as otherwise provided in subsection 3, theAuthority shall fix a time and place for a hearing to be held unless theapplication is made to transfer the certificate from a natural person orpartners to a corporation whose controlling stockholders will be substantiallythe same person or partners, and may hold a hearing to consider such anapplication.

3. The Authority may also dispense with the hearing onthe joint application to transfer if, upon the expiration of the time fixed inthe notice thereof, no protest against the transfer of the certificate orpermit has been filed by or in behalf of any interested person.

4. In determining whether or not the transfer of acertificate of public convenience and necessity or a permit to act as a contractmotor carrier should be authorized, the Authority shall consider:

(a) The service which has been performed by thetransferor and that which may be performed by the transferee.

(b) Other authorized facilities for transportation inthe territory for which the transfer is sought.

(c) Whether or not the transferee is fit, willing andable to perform the services of a common or contract motor carrier by vehicleand whether or not the proposed operation would be consistent with thelegislative policy set forth in NRS 706.151.

5. Upon a transfer made pursuant to this section, theAuthority may make such amendments, restrictions or modifications in acertificate or permit as the public interest may require.

6. No transfer is valid beyond the life of thecertificate, permit or license transferred.

(Added to NRS by 1971, 711; A 1971, 949; 1983, 869;1997, 1949, 2679; 1999,492)

Limitations on Hours of Service for Certain Drivers

NRS 706.672 Definitions. As used in NRS 706.672to 706.687, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 706.675 and 706.678 have the meanings ascribed to themin those sections.

(Added to NRS by 2005, 1351)

NRS 706.675 Commercialmotor vehicle defined. Commercial motorvehicle has the meaning ascribed to it in 49 C.F.R. 350.105.

(Added to NRS by 2005, 1351)

NRS 706.678 Intrastatedriver defined. Intrastate driver means adriver who operates a commercial motor vehicle exclusively within this Statefor a period of 7 or more consecutive days.

(Added to NRS by 2005, 1351)

NRS 706.682 Limitationson intrastate drivers of commercial motor vehicles.

1. Except as otherwise provided in NRS 706.687, a motor carrier shall not allowor require an intrastate driver to drive, and an intrastate driver shall notdrive:

(a) Within any 24-hour period:

(1) More than 12 hours following 10 consecutivehours off duty; or

(2) For any number of hours after having accruedmore than 15 consecutive hours of on-duty time; or

(b) Within any period of 7 consecutive days, afterhaving accrued 70 hours of on-duty time.

2. As used in this section:

(a) Motor carrier has the meaning ascribed to it in49 C.F.R. 350.105.

(b) On-duty time has the meaning ascribed to it in 49C.F.R. 395.2.

(Added to NRS by 2005, 1351)

NRS 706.687 Exemptionfor intrastate drivers of commercial motor vehicles for certain emergencies.

1. Except as otherwise provided in this section,hours-of-service limitations do not apply to an intrastate driver if each ofthe following conditions is satisfied:

(a) The intrastate driver is transporting property orpassengers during:

(1) A state of emergency or declaration ofdisaster proclaimed pursuant to NRS 414.070;or

(2) An emergency declared by an elected localgovernmental official who is authorized by law to make such a declaration.

(b) The employer of the intrastate driver is a publicutility.

(c) The employer of the intrastate driver, within 1working day after discovering or otherwise becoming aware of the existence of apublic utility emergency, notifies the Department of Public Safety orappropriate local governmental officials of:

(1) The fact that a public utility emergencyexists; and

(2) The date on which and time at which thepublic utility emergency commenced.

Thenotification required pursuant to this paragraph may be made by telephone,facsimile, electronic communication or hand delivery of a writtencommunication.

(d) Within 10 working days after receiving anotification described in paragraph (c), an elected state or local governmentalofficial, or his designee, determines and declares that a public utilityemergency exists and that the public utility emergency justifies thetransportation of property or passengers during the emergency to ensure theprotection of public health and safety by way of the restoration of publicutility service or to otherwise provide assistance essential to the public.After making a declaration as described in this paragraph, the elected state orlocal governmental official, or his designee, as applicable, shall ensure thatthe declaration is communicated forthwith and without delay to the publicutility which made the notification pursuant to paragraph (c).

2. For the purposes of paragraph (d) of subsection 1:

(a) A declaration by an elected state or localgovernmental official, or his designee, as applicable, is retroactive to thedate on which and time at which the public utility emergency commenced, ascommunicated in the notification from the relevant public utility, unless theelected state or local governmental official, or his designee, as applicable,determines that the public utility emergency commenced on a different date orat a different time.

(b) If, after receiving a notification described inparagraph (c) of subsection 1, an elected state or local governmental official,or his designee, as applicable, fails to make a determination and declarationwithin 10 working days:

(1) The elected state or local governmentalofficial, or his designee, as applicable, shall be deemed to have determinedand declared that a public utility emergency exists and that the public utilityemergency justifies the transportation of property or passengers during theemergency to ensure the protection of public health and safety by way of therestoration of public utility service or to otherwise provide assistanceessential to the public; and

(2) The deemed determination and declaration isretroactive to the date on which and time at which the public utility emergencycommenced, as communicated in the notification from the relevant publicutility.

3. An employer who notifies a public official of theexistence of a public utility emergency as described in subsection 1 shallmaintain documentation of the public utility emergency for 6 months and shallmake such documentation available to a law enforcement officer upon request.

4. The provisions of this section do not apply to theextent that those provisions:

(a) Are preempted or prohibited by federal law; or

(b) Violate a condition to the receipt of federal moneyby this State or a political subdivision of this State.

5. As used in this section:

(a) Hours-of-service limitations means:

(1) The limitations set forth in NRS 706.682; and

(2) Any limitations set forth in federal law asto the number of hours that an interstate driver may drive, which limitationswould otherwise be imposed upon intrastate drivers pursuant to regulationsadopted by reference by the Authority, Department of Motor Vehicles orDepartment of Public Safety.

(b) Public utility has the meaning ascribed to it in NRS 704.020.

(c) Public utility emergency means a natural orman-made emergency that affects the facilities of a public utility and:

(1) Interrupts delivery of essential services,including, without limitation, electricity, natural gas, medical care, sewerservice, water service or telecommunications service;

(2) Interrupts delivery of essential supplies,including, without limitation, food and fuel; or

(3) Otherwise threatens human life or publicwelfare.

The termincludes, without limitation, a tornado, windstorm, thunderstorm, snowstorm,ice storm, blizzard, drought, mudslide, flood, high water, earthquake, forestfire, explosion or power outage.

(Added to NRS by 2005, 1351)

NRS 706.692 Limitationson drivers of other regulated motor vehicles.

1. Except as otherwise provided in NRS 706.672 to 706.687, inclusive, the owner or operatorof a motor vehicle to which any provisions of NRS706.011 to 706.861, inclusive,apply, carrying passengers or property on any highway in the State of Nevadashall not require or permit any driver of the motor vehicle to drive it in anyone period longer than the time permitted for that period by the order of theAuthority or the Department.

2. In addition to other persons so required, the LaborCommissioner shall enforce the provisions of this section.

(Added to NRS by 1971, 718; A 1985, 871; 1997, 1954; 2005, 1353)(Substitutedin revision for NRS 706.776)

Exemptions

NRS 706.736 Exemptionof certain vehicles and transportation from provisions regulating certain motorcarriers; applicability of certain provisions.

1. Except as otherwise provided in subsection 2, theprovisions of NRS 706.011 to 706.791, inclusive, do not apply to:

(a) The transportation by a contractor licensed by theState Contractors Board of his own equipment in his own vehicles from job tojob.

(b) Any person engaged in transporting his own personaleffects in his own vehicle, but the provisions of this subsection do not applyto any person engaged in transportation by vehicle of property sold or to besold, or used by him in the furtherance of any commercial enterprise other thanas provided in paragraph (d), or to the carriage of any property forcompensation.

(c) Special mobile equipment.

(d) The vehicle of any person, when that vehicle isbeing used in the production of motion pictures, including films to be shown intheaters and on television, industrial training and educational films,commercials for television and video discs and tapes.

(e) A private motor carrier of property which is usedfor any convention, show, exhibition, sporting event, carnival, circus ororganized recreational activity.

(f) A private motor carrier of property which is usedto attend livestock shows and sales.

2. Unless exempted by a specific state statute or aspecific federal statute, regulation or rule, any person referred to insubsection 1 is subject to:

(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457and 706.458.

(b) All rules and regulations adopted by referencepursuant to paragraph (b) of subsection 1 of NRS706.171 concerning the safety of drivers and vehicles.

(c) All standards adopted by regulation pursuant to NRS 706.173.

3. The provisions of NRS706.311 to 706.453, inclusive, 706.471, 706.473,706.475 and 706.6411 which authorize the Authority toissue:

(a) Except as otherwise provided in paragraph (b),certificates of public convenience and necessity and contract carriers permitsand to regulate rates, routes and services apply only to fully regulatedcarriers.

(b) Certificates of public convenience and necessity tooperators of tow cars and to regulate rates for towing services performedwithout the prior consent of the owner of the vehicle or the person authorizedby the owner to operate the vehicle apply to operators of tow cars.

4. Any person who operates pursuant to a claim of anexemption provided by this section but who is found to be operating in a mannernot covered by any of those exemptions immediately becomes liable, in additionto any other penalties provided in this chapter, for the fee appropriate to hisactual operation as prescribed in this chapter, computed from the date whenthat operation began.

(Added to NRS by 1971, 715; A 1979, 816, 1079; 1981,1053; 1983, 1630; 1985, 2130; 1987, 1356, 1865; 1995, 2617; 1997, 1950, 2680; 1999, 492)

NRS 706.741 Exemptionof certain vehicles used in business of resort hotel that holds nonrestrictedgaming license; requirements regarding inspection of such vehicles.

1. An owner or operator of a motor vehicle that isused for the transportation of passengers or property is not subject to theprovisions of this chapter governing fully regulated carriers if:

(a) The owner or operator of the motor vehicle:

(1) Holds a nonrestricted license and is aresort hotel;

(2) Is not in the business of transportingpassengers or property;

(3) Does not charge a fee for transportingpassengers or property;

(4) Provides transportation only to itscustomers, guests, casino hosts, key employees, officers and directors; and

(5) Marks the vehicle with the owners oroperators name or logo, which must be at least 2 inches in height and bevisible from a distance of at least 50 feet; and

(b) The use of the motor vehicle is related to thebusiness of the resort hotel for which the nonrestricted license was issued.

2. An owner or operator of a motor vehicle specifiedin subsection 1 shall regularly inspect the motor vehicle and maintain a recordof the inspection for at least 3 years after the date of the inspection. Eachrecord maintained pursuant to this subsection must be made available forinspection or audit by the Authority or its designee at any time during regularbusiness hours.

3. As used in this section:

(a) Nonrestricted license has the meaning ascribed toit in NRS 463.0177; and

(b) Resort hotel has the meaning ascribed to it in NRS 463.01865.

(Added to NRS by 2005, 1930)

NRS 706.745 Exemptionof ambulances, hearses and certain carriers from requirements of NRS 706.386and 706.421;exemption of certain carriers and public entities from requirement to obtaincertificate of public convenience and necessity; conditions and limitations onexemptions.

1. The provisions of NRS706.386 and 706.421 do not apply to:

(a) Ambulances;

(b) Hearses; or

(c) Common motor carriers or contract motor carriersthat are providing transportation services pursuant to a contract with theDepartment of Health and Human Services entered into pursuant to NRS 422.2705.

2. A common motor carrier that enters into anagreement for the purchase of its service by an incorporated city, county orregional transportation commission is not required to obtain a certificate ofpublic convenience and necessity to operate a system of public transitconsisting of:

(a) Regular routes and fixed schedules;

(b) Nonemergency medical transportation of persons tofacilitate their use of a center as defined in NRS 435.170, if the transportation isavailable upon request and without regard to regular routes or fixed schedules;

(c) Nonmedical transportation of disabled personswithout regard to regular routes or fixed schedules; or

(d) In a county whose population is less than 100,000or an incorporated city within such a county, nonmedical transportation ofpersons if the transportation is available by reservation 1 day in advance ofthe transportation and without regard to regular routes or fixed schedules.

3. Under any agreement for a system of public transitthat provides for the transportation of passengers that is described insubsection 2:

(a) The public entity shall provide for any requiredsafety inspections; or

(b) If the public entity is unable to do so, theAuthority shall provide for any required safety inspections.

4. In addition to the requirements of subsection 3,under an agreement for a system of public transit that provides for thetransportation of passengers that is described in:

(a) Paragraph (a) of subsection 2, the public entityshall establish the routes and fares.

(b) Paragraph (c) or (d) of subsection 2, the commonmotor carrier:

(1) May provide transportation to any passengerwho can board a vehicle with minimal assistance from the operator of thevehicle.

(2) Shall not offer medical assistance as partof its transportation service.

5. A nonprofit carrier of elderly or disabled personsis not required to obtain a certificate of public convenience and necessity tooperate as a common motor carrier of such passengers only, but such a carrieris not exempt from inspection by the Authority to determine whether itsvehicles and their operation are safe.

6. An incorporated city, county or regionaltransportation commission is not required to obtain a certificate of publicconvenience and necessity to operate a system of public transportation.

7. Before an incorporated city or a county enters intoan agreement with a common motor carrier for a system of public transit thatprovides for the transportation of passengers that is described in paragraph(c) or (d) of subsection 2 in an area of the incorporated city or an area of thecounty, it must determine that:

(a) There are no other common motor carriers ofpassengers who are authorized to provide such services in that area; or

(b) Although there are other common motor carriers ofpassengers who are authorized to provide such services in the area, the commonmotor carriers of passengers do not wish to provide, or are not capable ofproviding, such services.

(Added to NRS by 1995, 2611; A 1997, 652, 1951; 1999, 2172; 2005, 736)

NRS 706.749 Permitfor employer transporting employees between place of work and homes or centralareas for parking; requirements.

1. The Authority may issue a permit, valid for 1 yearafter the date of issuance, to an employer to transport his employees betweentheir place of work and their homes or one or more central parking areas if theemployer files an application, on a form provided by the Authority, showing:

(a) The name of the employer;

(b) The places where employees will be picked up anddischarged, including the location of their place of work;

(c) Identification of each vehicle to be used andcertification that it is owned or the subject of a long-term lease by theemployer;

(d) That each vehicle is registered to and operated bythe employer; and

(e) Any charge which will be made for the service.

2. The employer must pay a fee of $10 for each vehiclewhich he will regularly use to transport his employees.

3. The employer must charge no fare for the use of theservice, or no more than an amount required to amortize the cost of the vehicleand defray the cost of operating it.

4. The Authority shall renew the permit upon receiptof a fee of $10 per vehicle regularly used to transport employees.

(Added to NRS by 1979, 1003; A 1991, 2038; 1995,2618; 1997, 1951)

Violations and Penalties

NRS 706.756 Unlawfulacts; criminal penalties.

1. Except as otherwise provided in subsection 2, anyperson who:

(a) Operates a vehicle or causes it to be operated inany carriage to which the provisions of NRS706.011 to 706.861, inclusive, applywithout first obtaining a certificate, permit or license, or in violation ofthe terms thereof;

(b) Fails to make any return or report required by theprovisions of NRS 706.011 to 706.861, inclusive, or by the Authority orthe Department pursuant to the provisions of NRS706.011 to 706.861, inclusive;

(c) Violates, or procures, aids or abets the violatingof, any provision of NRS 706.011 to 706.861, inclusive;

(d) Fails to obey any order, decision or regulation ofthe Authority or the Department;

(e) Procures, aids or abets any person in his failureto obey such an order, decision or regulation of the Authority or theDepartment;

(f) Advertises, solicits, proffers bids or otherwiseholds himself out to perform transportation as a common or contract carrier inviolation of any of the provisions of NRS706.011 to 706.861, inclusive;

(g) Advertises as providing:

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

(2) Towing services,

withoutincluding the number of his certificate of public convenience and necessity orcontract carriers permit in each advertisement;

(h) Knowingly offers, gives, solicits or accepts anyrebate, concession or discrimination in violation of the provisions of thischapter;

(i) Knowingly, willfully and fraudulently seeks toevade or defeat the purposes of this chapter;

(j) Operates or causes to be operated a vehicle whichdoes not have the proper identifying device;

(k) Displays or causes or permits to be displayed a certificate,permit, license or identifying device, knowing it to be fictitious or to havebeen cancelled, revoked, suspended or altered;

(l) Lends or knowingly permits the use of by one notentitled thereto any certificate, permit, license or identifying device issuedto the person so lending or permitting the use thereof; or

(m) Refuses or fails to surrender to the Authority orDepartment any certificate, permit, license or identifying device which hasbeen suspended, cancelled or revoked pursuant to the provisions of thischapter,

is guilty ofa misdemeanor, and upon conviction thereof shall be punished by a fine of notless than $100 nor more than $1,000, or by imprisonment in the county jail fornot more than 6 months, or by both fine and imprisonment.

2. Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulatedcommon motor carrier without first obtaining a certificate of publicconvenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motorcarrier without first obtaining a permit is guilty of a misdemeanor and shallbe punished:

(a) For a first offense within a period of 12consecutive months, by a fine of not less than $500 nor more than $1,000. Inaddition to the fine, the person may be punished by imprisonment in the countyjail for not more than 6 months.

(b) For a second offense within a period of 12consecutive months and for each subsequent offense that is committed within aperiod of 12 consecutive months of any prior offense under this subsection, bya fine of $1,000. In addition to the fine, the person may be punished byimprisonment in the county jail for not more than 6 months.

3. Any person who, in violation of the provisions of NRS 706.386, operates or permits theoperation of a vehicle in passenger service without first obtaining a certificateof public convenience and necessity is guilty of a gross misdemeanor.

4. If a law enforcement officer witnesses a violationof any provision of subsection 2 or 3, the law enforcement officer may causethe vehicle to be towed immediately from the scene and impounded in accordancewith NRS 706.476.

5. The fines provided in this section are mandatoryand must not be reduced under any circumstances by the court.

6. Any bail allowed must not be less than theappropriate fine provided for by this section.

(Added to NRS by 1971, 716; A 1979, 919; 1981, 1031;1985, 333; 1987, 2258; 1989, 211, 1413; 1995, 2618; 1997, 1543, 1952, 2681,2990; 1999, 626, 627, 1963; 2003, 3209; 2005, 942)

NRS 706.758 Unlawfulfor person to advertise services for which certificate or permit is requiredunless person holds certificate or permit; orders to cease and desist unlawfuladvertising; procedure for disconnecting or changing telephone or paging numberincluded in unlawful advertising.

1. It is unlawful for any person to advertise servicesfor which a certificate of public convenience and necessity or a contractcarriers permit is required pursuant to NRS706.011 to 706.791, inclusive,unless the person has been issued such a certificate or permit.

2. If, after notice and a hearing, the Authoritydetermines that a person has engaged in advertising in a manner that violatesthe provisions of this section, the Authority may, in addition to any penalty,punishment or disciplinary action authorized by the provisions of NRS 706.011 to 706.791, inclusive, issue an order to theperson to cease and desist the unlawful advertising and to:

(a) Cause any telephone number included in theadvertising, other than a telephone number to a provider of paging services, tobe disconnected.

(b) Request the provider of paging services to changethe number of any beeper which is included in the advertising or disconnect thepaging services to such a beeper, and to inform the provider of paging servicesthat the request is made pursuant to this section.

3. If a person fails to comply with paragraph (a) ofsubsection 2 within 5 days after the date that he receives an order pursuant tosubsection 2, the Authority may request the Commission to order the appropriateprovider of telephone service to disconnect any telephone number included inthe advertisement, except for a telephone number to a provider of pagingservices. If a person fails to comply with paragraph (b) of subsection 2 within5 days after the date he receives an order pursuant to subsection 2, theAuthority may request the provider of paging services to switch the beepernumber or disconnect the paging services provided to the person, whichever theprovider deems appropriate.

4. If the provider of paging services receives arequest from a person pursuant to subsection 2 or a request from the Authoritypursuant to subsection 3, it shall:

(a) Disconnect the paging service to the person; or

(b) Switch the beeper number of the paging serviceprovided to the person.

If theprovider of paging services elects to switch the number pursuant to paragraph(b), the provider shall not forward or offer to forward the paging calls fromthe previous number, or provide or offer to provide a recorded message thatincludes the new beeper number.

5. As used in this section:

(a) Advertising includes, but is not limited to, theissuance of any sign, card or device, or the permitting or allowing of any signor marking on a motor vehicle, in any building, structure, newspaper, magazineor airway transmission, on the Internet or in any directory under the listingof fully regulated carrier with or without any limiting qualifications.

(b) Beeper means a portable electronic device whichis used to page the person carrying it by emitting an audible or a vibratingsignal when the device receives a special radio signal.

(c) Provider of paging services means an entity,other than a public utility, that provides paging service to a beeper.

(d) Provider of telephone service has the meaningascribed to it in NRS 707.355.

(Added to NRS by 2003, 3207)

NRS 706.761 Civilpenalty for failure to furnish report or allow inspection of books.

1. Any agent or person in charge of the books,accounts, records, minutes or papers of any private, common or contract motorcarrier or broker of any of these services who refuses or fails for a period of30 days to furnish the Authority or Department with any report required byeither or who fails or refuses to permit any person authorized by the Authorityor Department to inspect such books, accounts, records, minutes or papers onbehalf of the Authority or Department is liable to a penalty in a sum of notless than $300 nor more than $500. The penalty may be recovered in a civilaction upon the complaint of the Authority or Department in any court ofcompetent jurisdiction.

2. Each days refusal or failure is a separateoffense, and is subject to the penalty prescribed in this section.

(Added to NRS by 1971, 717; A 1979 191; 1995, 2619;1997, 1953, 2682; 1999,492)

NRS 706.766 Receiptof compensation not in conformity with rates filed with Authority unlawful;granting of rebate or special privilege unlawful.

1. It is unlawful for any fully regulated carrier oroperator of a tow car to charge, demand, collect or receive a greater or lesscompensation for any service performed by it within this State or for anyservice in connection therewith than is specified in its fare, rates, jointrates, charges or rules and regulations on file with the Authority, or todemand, collect or receive any fare, rate or charge not specified. The rates,tolls and charges named therein are the lawful rates, tolls and charges untilthey are changed as provided in this chapter.

2. It is unlawful for any fully regulated carrier oroperator of a tow car to grant any rebate, concession or special privilege toany person which, directly or indirectly, has or may have the effect ofchanging the rates, tolls, charges or payments.

3. Any violation of the provisions of this sectionsubjects the violator to the penalty prescribed in NRS 706.761.

(Added to NRS by 1971, 717; A 1987, 2259; 1995, 2619;1997, 1953, 2682; 1999,492)

NRS 706.771 Civilpenalty or administrative fine for certain violations.

1. Any person or any agent or employee thereof, whoviolates any provision of this chapter, any lawful regulation of the Authorityor any lawful tariff on file with the Authority or who fails, neglects orrefuses to obey any lawful order of the Authority or any court order for whoseviolation a civil penalty is not otherwise prescribed is liable to a penalty ofnot more than $10,000 for any violation. The penalty may be recovered in acivil action upon the complaint of the Authority in any court of competentjurisdiction.

2. If the Authority does not bring an action torecover the penalty prescribed by subsection 1, the Authority may impose anadministrative fine of not more than $10,000 for any violation of a provisionof this chapter or any rule, regulation or order adopted or issued by theAuthority or Department pursuant to the provisions of this chapter. A fineimposed by the Authority may be recovered by the Authority only after notice isgiven and a hearing is held pursuant to the provisions of chapter 233B of NRS.

3. All administrative fines imposed and collected bythe Authority pursuant to subsection 2 are payable to the State Treasurer andmust be credited to a separate account to be used by the Authority to enforcethe provisions of this chapter.

4. A penalty or fine recovered pursuant to thissection is not a cost of service for purposes of rate making.

(Added to NRS by 1971, 717; A 1975, 1162; 1989, 443;1995, 2620; 1997, 1953, 2682; 1999, 492)

NRS 706.776 Limitationon hours of driving set by Authority or Department; enforcement. [Replaced in revision by NRS706.692.]

 

NRS 706.779 Movementof vehicle by Authority after stopping driver for violation of certainprovisions. The Authority and its inspectorsmay, upon halting a person for a violation of the provisions of NRS 706.386 or 706.421, move his vehicle or cause it to bemoved to the nearest garage or other place of safekeeping until it is removedin a manner which complies with the provisions of this chapter.

(Added to NRS by 1985, 332; A 1997, 1954)

NRS 706.781 Additionalcivil remedies. In addition to all the otherremedies provided by NRS 706.011 to 706.861, inclusive, for the prevention andpunishment of any violation of the provisions thereof and of all orders of theAuthority or the Department, the Authority or the Department may compelcompliance with the provisions of NRS706.011 to 706.861, inclusive, andwith the orders of the Authority or the Department by proceedings in mandamus,injunction or by other civil remedies.

(Added to NRS by 1971, 718; A 1989, 212; 1997, 1954)

Additional Assessments of Fees

NRS 706.791 Additionalor estimated assessment of fees: Interest; penalties; notice; redeterminations.

1. If the Department is not satisfied with the recordsor statements of, or with the amount of fees paid by, any person pursuant tothe provisions of NRS 706.011 to 706.861, inclusive, it may make anadditional or estimated assessment of fees due from that person based upon anyinformation available to it.

2. Every additional or estimated assessment bearsinterest at the rate of 1 percent per month, or fraction thereof, from the datethe fees were due until they are paid.

3. If an assessment is imposed, a penalty of 10percent of the amount of the assessment must be added thereto. If any part ofthe deficiency is found to be caused by fraud or an intent to evade theprovisions of this chapter or the regulations adopted pursuant to this chapter,a penalty of 25 percent of the amount of the assessment must be added thereto.

4. The Department shall give the person written noticeof the assessment. The notice may be served personally or by mail in the mannerprescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to theperson at his address as it appears in the records of the Department. Everynotice of assessment must be served within 36 months after the end of theregistration year for which the additional assessment is imposed.

5. If any person refuses or fails to make available tothe Department, upon request, such records, reports or other information asdetermined by the Department to be necessary to enable it to determine that theamount of taxes and fees paid by that person is correct, the assessment madepursuant to the provisions of this section is presumed to be correct and theburden is upon the person challenging the assessment to establish that it iserroneous.

6. Any person against whom an assessment has been madepursuant to the provisions of this section may petition the Department inwriting for a redetermination within 30 days after service of the notice. If apetition is not filed with the Department within that period, the assessmentbecomes final.

7. If a petition for redetermination is filed within30 days, the Department shall reconsider the assessment and send thepetitioner, by certified mail, notice of its decision and the reasons therefor.A petitioner aggrieved by the Departments decision may appeal the decision bysubmitting a written request to the Department for a hearing not later than 30days after notice of the decision was mailed by the Department. The Departmentshall schedule an administrative hearing and provide the petitioner with 10days notice of the time and place of the hearing. The Department may continuethe hearing as may be necessary.

8. The order of the Department upon a petition becomesfinal 30 days after service of notice thereof. If an assessment is not paid onor before the date it becomes final, there must be added thereto in addition toany other penalty provided for in this chapter a penalty of 10 percent of theamount of the assessment.

9. Every remittance in payment of an assessment ispayable to the Department.

(Added to NRS by 1971, 718; A 1973, 705; 1987, 970;1989, 1414; 1993, 1987; 1995, 316)

APPORTIONMENT OF FEES FOR INTERSTATE USERS OF HIGHWAYS

NRS 706.801 Shorttitle. NRS706.801 to 706.861, inclusive, shallbe known as the Interstate Highway User Fee Apportionment Act.

(Added to NRS by 1971, 719)

NRS 706.806 Definitions. As used in NRS 706.801to 706.861, inclusive, unless thecontext otherwise requires:

1. Country includes any political subdivisionthereof.

2. Department means the Department of MotorVehicles.

3. Fee means each fee for registration and taximposed by this State, except motor vehicle fuel taxes and motor carrierlicensing fees.

4. Mileage includes mileage in this State and in allother states and countries.

5. Motor vehicle includes every motor vehicle with adeclared gross weight in excess of 26,000 pounds required to be registeredunder the laws of this State.

6. Operator includes the owner or operator of anymotor vehicle.

7. Plan means a plan adopted by any state or countryfor the proration of fees on a basis to effectuate the principles set forth in NRS 706.826.

8. State includes the states of the United States,the District of Columbia and the territories of the United States.

9. Vehicle includes every vehicle of a type requiredto be registered under the laws of this State.

(Added to NRS by 1971, 719; A 1975, 336; 1981, 1053;1985, 1451, 1846; 1989, 1415; 2001, 2637)

NRS 706.811 Declarationof legislative policy. The Legislaturedeclares that in adopting NRS 706.801 to706.861, inclusive, it adheres to theprinciple that each state should have the freedom to develop the kind ofhighway user tax structure that it determines to be most appropriate to itself,and that the method of taxation of interstate vehicles should not be adetermining factor in developing its user tax structure.

(Added to NRS by 1971, 719)

NRS 706.813 Applicabilityof NRS706.801 to 706.861, inclusive. The provisions of NRS706.801 to 706.861, inclusive, donot apply to:

1. Vehicles which are exempt from special fuel taxrequirements under NRS 366.221.

2. Vehicles having a declared gross weight of 26,000pounds or less, except that such vehicles are eligible for apportionment underthe provisions of this chapter upon application by the operator.

(Added to NRS by 1977, 381; A 1985, 1847)

NRS 706.816 Uniforminterpretation of NRS 706.801 to 706.861, inclusive. NRS 706.801 to 706.861, inclusive, must be so interpretedas to effectuate their general purpose to make uniform the laws of those statesand countries which enact them or any law comparable to them.

(Added to NRS by 1971, 719; A 1985, 1451)

NRS 706.821 Powerof Department to make rules and regulations. Incarrying out NRS 706.801 to 706.861, inclusive, each Department shallhave power to make rules and regulations.

(Added to NRS by 1971, 720)

NRS 706.826 Agreementsby Department with departments of other states and countries. In carrying out NRS706.801 to 706.861, inclusive, eachDepartment of this State may enter into agreements with the departments orappropriate agencies of this or any other state or country to provide for anyor all of the following:

1. For the exemption from the plan of certain classesof vehicles either on the basis of type, extent or frequency of operations and,when also deemed advisable, for their total or partial exemption from the feesfor registration or taxes or both upon the conditions set forth in theagreement, all as found to be in the interest of this State, the facilitatingof this plan, or of the facilitating of the operation of vehicles between thisand the other contracting state or country.

2. For the reports and records required pursuant to NRS 706.801 to 706.861, inclusive, or any regulations madepursuant thereto to be uniform with the reports and records required by theother contracting state or country, but this does not prevent any Departmentfrom requiring additional information from any operator subject to NRS 706.801 to 706.861, inclusive.

3. For the joint audit of the reports and records ofany operator subject to NRS 706.801 to 706.861, inclusive, the reports and recordsof any such operator and the Department may be disclosed to the extentnecessary for this purpose.

4. For the use of a plate, license, emblem,certificate or other device of this or any other state or country, for theidentification of vehicles subject to the plan.

5. For putting the plan into effect between this andany other state or country.

(Added to NRS by 1971, 720; A 1985, 1451)

NRS 706.836 Paymentof fees to Department. Each fee required to bepaid by the provisions of NRS 706.801 to706.861, inclusive, is payable to theDepartment.

(Added to NRS by 1971, 720; A 1985, 2001; 1989, 1415)

NRS 706.841 Application:Contents; computation of fee.

1. Each operator shall qualify to operate pursuant tothe provisions of NRS 706.801 to 706.861, inclusive, by filing anapplication for that purpose with the Department before the time any feebecomes delinquent.

2. The application must:

(a) Show the total mileage of motor vehicles operatedby the person in this State and all states and countries during the nextpreceding 12 months ending June 30 and describe and identify each motor vehicleto be operated during the period of registration in such detail as theDepartment may require.

(b) Be accompanied by a fee, unless the Department issatisfied that the fee is secured, to be computed as follows:

(1) Divide the number of in-state miles by thetotal number of fleet miles;

(2) Determine the total amount of moneynecessary to register each motor vehicle in the fleet for which registration isrequested; and

(3) Multiply the amount determined undersubparagraph (2) by the fraction obtained pursuant to subparagraph (1).

(Added to NRS by 1971, 720; A 1981, 1054; 1985, 1452,1847, 2001; 1989, 1416; 1993, 1988; 2001, 2638)

NRS 706.846 Registrationof vehicles; issuance of licenses or other devices. Uponthe payment of all fees required pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or upon being satisfiedthat the fee is secured and upon compliance with the laws of this State inorder to register the vehicles, the Department shall register them, and issueplates, licenses, emblems, certificates or other devices for the vehicles inthe same manner as otherwise provided by law.

(Added to NRS by 1971, 721; A 1973, 700; 1977, 381;1985, 1453, 2002; 1989, 1416; 2001, 2638)

NRS 706.851 Registrationof vehicle in fleet after final date for annual payment of fees. If any vehicle in a fleet is first registered after thefinal date for the annual payment of fees under the laws of this State as theyexist without NRS 706.801 to 706.861, inclusive, such vehicles shall payfees in the amount provided by law for the then registration of the vehicle, inthe manner provided in NRS 706.841, andsuch vehicle shall after registration be treated for all purposes as otherwiseprovided for vehicles of a fleet.

(Added to NRS by 1971, 721)

NRS 706.861 Determinationof mileage proportions for fleet not registered during preceding year;application. Mileage proportions for a fleetnot registered in this State as a fleet during the preceding year must bedetermined by the Department with which the vehicle is registered upon theapplication of the applicant on forms to be supplied by the Department, whichmust show the operations of the fleet during the preceding year in such detailas the Department may require and the estimated operation in this State in thecurrent year or, if no operations were conducted during the preceding year, theestimated operation in this State for the current year.

(Added to NRS by 1971, 722; A 1981, 1055)

REGULATIONS FOR OPERATION OF TAXICABS IN CERTAIN COUNTIES

General Provisions

NRS 706.881 Applicabilityof NRS706.8811 to 706.885, inclusive.

1. The provisions of NRS 706.8811 to 706.885, inclusive, apply to any county:

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

(b) For whom regulation by the Taxicab Authority is notrequired, if the board of county commissioners of the county has enacted anordinance approving the inclusion of the county within the jurisdiction of theTaxicab Authority.

2. Upon receipt of a certified copy of such anordinance from a county for whom regulation by the Taxicab Authority is notrequired, the Taxicab Authority shall exercise its regulatory authoritypursuant to NRS 706.8811 to 706.885, inclusive, within that county.

3. Within any such county, the provisions of thischapter which confer regulatory authority over taxicab motor carriers upon theTransportation Services Authority do not apply.

(Added to NRS by 1969, 1248; A 1969, 1545; 1977, 746;1979, 559, 936; 1981, 2052; 1991, 1959; 1997, 1954; 2001, 1233)

NRS 706.8811 Definitions. As used in NRS 706.881to 706.885, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1969, 1239; A 1979, 936; 1991, 1960)

NRS 706.8812 Administratordefined. Administrator means the TaxicabAdministrator or any authorized agent of the Taxicab Administrator.

(Added to NRS by 1969, 1239)

NRS 706.8813 Certificateholder defined. Certificate holder means aperson who holds a current certificate of public convenience and necessitywhich was issued for the operation of a taxicab business by:

1. The Public Service Commission of Nevada before July1, 1981, and which has not been transferred, revoked or suspended by theTransportation Services Authority, the Taxicab Authority or the PublicUtilities Commission of Nevada, or by operation of law; or

2. The Taxicab Authority and which has not beentransferred, revoked or suspended by the Taxicab Authority or by operation oflaw.

(Added to NRS by 1969, 1239; A 1975, 1325; 1977, 746;1981, 2052; 1997, 1955)

NRS 706.8814 Driverdefined. Driver means an individual who operatesa taxicab and includes a certificate holder when he operates a taxicab.

(Added to NRS by 1969, 1239)

NRS 706.8816 Taxicabdefined.

1. Taxicab means a motor vehicle or vehicles whichis designed or constructed to accommodate and transport not more than sixpassengers, including the driver, and is:

(a) Fitted with a taximeter or other device to indicateand determine the passenger fare charged;

(b) Used in the transportation of passengers or lightexpress or both for which a charge or fee is received; or

(c) Operated in any service which is held out to thepublic as being available for the transportation of passengers from place toplace in the State of Nevada.

2. Taxicab does not include a motor vehicle of:

(a) A common motor carrier.

(b) A contract motor carrier which operates along fixedroutes.

(c) An employer who operates the vehicle for thetransportation of his employees, whether or not the employees pay for thetransportation.

(Added to NRS by 1969, 1240; A 1979, 631, 1004)

NRS 706.8817 Taximeterdefined. Taximeter means an instrument usedin a taxicab for indicating the passenger fare charged.

(Added to NRS by 1969, 1240)

Taxicab Authority

NRS 706.8818 Appointment,number, terms, qualifications and compensation of members; principal office;regulations.

1. The Taxicab Authority, consisting of five membersappointed by the Governor, is hereby created. Except as otherwise provided in NRS 232A.020, the term of each member is3 years and no member may serve for more than 6 years. No more than threemembers may be members of the same political party, and no elected officer ofthe State or any political subdivision is eligible for appointment.

2. Each member of the Taxicab Authority is entitled toreceive a salary of not more than $80, as fixed by the Authority, for each dayactually employed on work of the Authority.

3. While engaged in the business of the TaxicabAuthority, each member and employee of the Authority is entitled to receive theper diem allowance and travel expenses provided for state officers andemployees generally.

4. The Taxicab Authority shall maintain its principaloffice in the county or area of the State where it performs most of itsregulatory activity.

5. The Taxicab Authority may adopt appropriateregulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and, as it may deemnecessary, for the conduct of the taxicab business and for the qualificationsof and the issuance of permits to taxicab drivers, not inconsistent with theprovisions of NRS 706.881 to 706.885, inclusive. The regulations mayinclude different provisions to allow for differences among the counties towhich NRS 706.881 to 706.885, inclusive, apply. Local lawenforcement agencies and the Nevada Highway Patrol, upon request of theAuthority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adoptedpursuant thereto.

6. Except to the extent of any inconsistency with theprovisions of NRS 706.881 to 706.885, inclusive, every regulation andorder issued by the Transportation Services Authority remains effective in acounty to which those sections apply until modified or rescinded by the TaxicabAuthority, and must be enforced by the Taxicab Authority.

(Added to NRS by 1969, 1240; A 1971, 582; 1973, 564;1977, 100, 1264; 1979, 936; 1981, 1996, 2052; 1987, 1317; 1989, 1722; 1997,1955; 2003, 1403)

NRS 706.88182 Adoptionof regulations establishing program for transportation of elderly persons andpermanently handicapped persons.

1. The Taxicab Authority shall adopt regulationsestablishing a program for the transportation by taxicab of elderly persons andpermanently handicapped persons.

2. The program must require the Administrator toestablish, maintain and make known a telephone number for elderly persons andpermanently handicapped persons to register complaints regarding transportationby taxicab.

3. The program must require a certificate holder toinform a person who requests transportation by taxicab within the areaallocated to the certificate holder and who identifies himself as an elderlyperson or a permanently handicapped person of the:

(a) Estimated time of arrival of the requested taxicab;and

(b) Telephone number maintained by the Administratorpursuant to subsection 2.

(Added to NRS by 2001, 1232)

NRS 706.88185 Investigationof alleged violation; hearing; cease and desist order; enforcement of order.

1. When the Taxicab Authority has reason to believethat any provision of NRS 706.881 to 706.885, inclusive, is being violated, theTaxicab Authority shall investigate the alleged violation. After a hearing theTaxicab Authority may issue an order requiring that the certificate holdercease and desist from any action that is in violation of NRS 706.881 to 706.885, inclusive.

2. The Taxicab Authority shall enforce an order issuedpursuant to subsection 1 in accordance with the provisions of NRS 706.881 to 706.885, inclusive.

(Added to NRS by 1991, 1959)

NRS 706.8819 Hearingsand final decisions; jurisdiction; appeals from final decisions.

1. The Taxicab Authority shall conduct hearings andmake final decisions in the following matters:

(a) Applications to adjust, alter or change the rates,charges or fares for taxicab service;

(b) Applications for certificates of public convenienceand necessity to operate a taxicab service;

(c) Applications requesting authority to transfer anyexisting interest in a certificate of public convenience and necessity or in acorporation that holds a certificate of public convenience and necessity tooperate a taxicab business;

(d) Applications to change the total number ofallocated taxicabs in a county to which NRS706.881 to 706.885, inclusive,apply; and

(e) Appeals from final decisions of the Administratormade pursuant to NRS 706.8822.

2. An appeal from the final decision of the TaxicabAuthority must be made to the Transportation Services Authority.

(Added to NRS by 1969, 1241; A 1977, 746; 1991, 1960;1997, 1955)

Taxicab Administrator

NRS 706.882 Appointment;classification; removal; restrictions on other employment.

1. The Director of the Department of Business andIndustry shall appoint a Taxicab Administrator from a list of three namessubmitted to him by the Taxicab Authority. The Administrator serves at thepleasure of the Director. The Administrator is in the unclassified service ofthe State.

2. The Taxicab Authority may remove the Administratorfor good cause shown.

3. Except as otherwise provided in NRS 284.143, the Taxicab Administratorshall devote his entire time and attention to the business of his office andshall not pursue any other business or occupation or hold any other office ofprofit.

(Added to NRS by 1969, 1240; A 1971, 582, 1444; 1979,937; 1981, 1286; 1993, 1926; 1995, 2318)

NRS 706.8821 Powersand duties; employees.

1. The Administrator is responsible for the controland regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, apply and for theadministration of NRS 706.881 to 706.885, inclusive.

2. The Administrator shall appoint:

(a) One accountant and such auditors as are necessaryto enable the Administrator to perform his official functions properly; and

(b) Such other employees as are necessary to enable theAdministrator to perform his official functions properly.

(Added to NRS by 1969, 1240; A 1971, 582; 1977, 747;1991, 1960; 1993, 2542)

NRS 706.8822 Administrativehearings and final decisions; jurisdiction; appeals to Taxicab Authority. The Administrator shall conduct administrative hearingsand make final decisions, subject to appeal by any aggrieved party to theTaxicab Authority, in the following matters:

1. Any violation relating to the issuance of ortransfer of license plates for motor carriers required by either the TaxicabAuthority or the Department of Motor Vehicles;

2. Complaints against certificate holders;

3. Complaints against taxicab drivers;

4. Applications for, or suspension or revocation of,drivers permits which may be required by the Administrator; and

5. Imposition of monetary penalties.

(Added to NRS by 1969, 1241; A 1979, 937; 1985, 2002;2001, 2638)

NRS 706.88235 Issuanceand enforcement of subpoenas; depositions.

1. Whenever the Taxicab Authority or the Administratoris authorized or required by law to conduct a hearing, the Administrator mayissue subpoenas requiring the attendance of witnesses before the Authority orthe Administrator, respectively, together with all books, memoranda, papers andother documents relative to the matters for which the hearing is called andtake depositions within or without the State, as the circumstances of the casemay require.

2. The district court in and for the county in whichany hearing is being conducted may compel the attendance of witnesses, thegiving of testimony and the production of books and papers as required by anysubpoena issued by the Administrator.

3. In case of the refusal of any witness to attend ortestify or produce any papers required by the subpoena, the Administrator mayreport to the district court in and for the county in which the hearing ispending by petition, setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in this section; and

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the Taxicab Authority or theAdministrator in the hearing named in the subpoena, or has refused to answerquestions propounded to him in the course of the hearing,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the Authority or the Administrator.

4. The court, upon petition of the Administrator shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in the order, the time to be not more than 10days from the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers. A certified copy of theorder must be served upon the witness. If it appears to the court that thesubpoena was regularly issued by the Administrator, the court may thereuponenter an order that the witness appear before the Authority or the Administratorat the time and place fixed in the order and testify or produce the requiredbooks or papers, and upon failure to obey the order the witness must be dealtwith as for contempt of court.

(Added to NRS by 1979, 935; A 1981, 109)

Allocation of Number of Taxicabs; Taxes; Fees

NRS 706.88237 Powerof Taxicab Authority to determine circumstances requiring temporary increase inallocation and to make such allocations. TheTaxicab Authority may:

1. Determine the circumstances that require atemporary increase in the number of taxicabs allocated pursuant to NRS 706.8824; and

2. Allocate a temporary increase in the number oftaxicabs pursuant to NRS 706.88245when the circumstances require the increase.

(Added to NRS by 1991, 1960)

NRS 706.8824 Allocationof number of taxicabs by Taxicab Authority: Factors for determination;limitations; annual review.

1. In determining whether circumstances require theestablishment of a system of allocations or a change in existing allocations,the Taxicab Authority shall consider the interests, welfare, convenience,necessity and well-being of the customers of taxicabs.

2. Whenever circumstances require the establishment ofa system of allocations, the Taxicab Authority shall allocate the number oftaxicabs among the certificate holders in the county in a manner which reflectsthe number of taxicabs operated by each certificate holder during the 5 yearsimmediately preceding the date of establishment of the Taxicab Authority in thecounty.

3. Whenever circumstances require an increase in theexisting allocations, the Taxicab Authority shall allocate the additionaltaxicabs equally among all the certificate holders who apply from the area tobe affected by the allocation.

4. Unless a certificate holder puts the additionallyallocated taxicabs into service within 30 days after the effective date of theincreased allocation, the increased allocation to that certificate holder isvoid.

5. The Taxicab Authority may attach to the exercise ofthe rights granted by the allocation any terms and conditions which in itsjudgment the public interest may require. The Taxicab Authority may limit:

(a) The geographical area from which service is offeredor provided.

(b) The hours of service. Such a limitation must notreduce hours of service to less than 12 consecutive hours in a 24-hour period.

If alimitation is placed on an allocation, taxicabs must be marked in a distinctivemanner that indicates the limitation.

6. The Taxicab Authority shall review annually:

(a) The existing allocation of taxicabs; and

(b) The rates, charges or fares of the certificateholders in its jurisdiction.

(Added to NRS by 1969, 1241; A 1977, 747; 1981, 2053;1983, 1031; 1987, 937; 1991, 1961)

NRS 706.88245 Temporaryincrease in allocation of number of taxicabs by Taxicab Authority; factors fordetermination; regulations.

1. In determining whether circumstances require atemporary increase in the number of taxicabs allocated pursuant to NRS 706.8824, the Taxicab Authority shallconsider the interests, welfare, convenience, necessity and well-being of thecustomers of taxicabs.

2. Whenever circumstances require a temporary increasein the number of taxicabs allocated pursuant to NRS 706.8824, the Taxicab Authority shallallocate the temporary increase equally among the certificate holders in thearea to be affected by the allocation.

3. The Taxicab Authority shall determine:

(a) The number of additional taxicabs to be allocated;

(b) The hours of operation of the additional taxicabs;and

(c) The duration of the temporary allocation.

4. The Taxicab Authority may adopt regulationsgoverning temporary increases in the allocation of taxicabs pursuant to thissection.

(Added to NRS by 1991, 1959)

NRS 706.8825 TaxicabAuthority Fund: Creation; deposits; use; petty cash account.

1. All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited bythe Administrator to the credit of the Taxicab Authority Fund, which is herebycreated as a special revenue fund. The transactions for each county subject tothose sections must be accounted for separately within the Fund.

2. The interest and income earned on the money in theFund, after deducting any applicable charges, must be credited to the Fund.

3. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated todefray the cost of regulating taxicabs in the county or the city, respectively,making the deposit under that subsection.

4. The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841, 706.8848, 706.8849 and 706.885 are hereby appropriated to defraythe cost of regulating taxicabs in the county in which the certificate holderoperates a taxicab business.

5. Any balance remaining in the Fund does not revertto the State General Fund. The Administrator may transfer to the Aging ServicesDivision of the Department of Health and Human Services any balance over$200,000 and any interest earned on the Fund, within the limits of legislativeauthorization for each fiscal year, to subsidize transportation for the elderlyand the permanently handicapped in taxicabs. The money transferred to the AgingServices Division must be administered in accordance with regulations adoptedby the Administrator of the Aging Services Division pursuant to NRS 427A.070.

6. The Administrator may establish an account forpetty cash not to exceed $2,000 for the support of undercover investigation,and if the account is created, the Administrator shall reimburse the accountfrom the Taxicab Authority Fund in the same manner as other claims against theState are paid.

(Added to NRS by 1969, 1241; A 1977, 747; 1981, 2053;1983, 648, 1590; 1987, 938; 1989, 1066, 1786; 1991, 1961; 1995, 852; 2001, 2930; 2003, 1404)

NRS 706.8826 Revenueof city and county received from taxes imposed on businesses operating taxicabspayable to State; fees payable to State by holder of certificate for allocatedtaxicab.

1. The board of county commissioners of any county inwhich there is in effect an order for the allocation of taxicabs from a taxicabauthority, and the governing body of each city within any such county, shalldeposit to the credit of the Taxicab Authority Fund all of the tax revenuewhich is received from the taxicab business operating in the county and city,respectively.

2. For the purpose of calculating the amount due tothe State under subsection 1, the tax revenue of a county does not include anyamount which represents a payment for the use of county facilities or property.

3. Any certificate holder who is subject to an orderof allocation by the Taxicab Authority shall pay to the Taxicab Authority $100per year for each taxicab that the Taxicab Authority has allocated to thecertificate holder and a fee set by the Taxicab Authority that must not exceed20 cents per trip for each compensable trip of each of those taxicabs, whichmay be added to the meter charge. The money so received by the TaxicabAuthority must be deposited in the State Treasury to the credit of the TaxicabAuthority Fund.

(Added to NRS by 1969, 1241; A 1971, 583; 1977, 748;1979, 937; 1987, 938; 1989, 1066; 2001, 2930; 2003, 1406)

Holders of Certificates of Public Convenience andNecessity: Requirements

NRS 706.8827 Certificateof public convenience and necessity required to engage in business of operatingtaxicabs; hearing on application; fee; conditions; effect of denial ofcertificate.

1. A person shall not engage in the taxicab businessunless he:

(a) Holds a certificate of public convenience and necessityfrom the Public Service Commission of Nevada issued before July 1, 1981, whichhas not been transferred, revoked or suspended by the Taxicab Authority; or

(b) Currently holds a certificate of public convenienceand necessity from the Taxicab Authority as provided in this section.

2. Upon the filing of an application for a certificateof public convenience and necessity, the Taxicab Authority shall fix a time andplace for a hearing thereon. The Taxicab Authority shall issue the certificateif it finds that:

(a) The applicant is fit, willing and able to performthe services of a taxicab motor carrier;

(b) The proposed operation will be consistent with thelegislative policies set forth in NRS706.151;

(c) The granting of the certificate will notunreasonably and adversely affect other carriers operating in the territory forwhich the certificate is sought;

(d) The holders of existing certificates will not meetthe needs of the territory for which the certificate is sought if thecertificate is not granted; and

(e) The proposed service will benefit the public andthe taxicab business in the territory to be served.

3. The applicant for a certificate has the burden ofproving to the Taxicab Authority that the proposed operation will meet therequirements of subsection 2. The Taxicab Authority shall not find that thepotential creation of competition in a territory which may be caused by thegranting of a certificate, by itself, will unreasonably and adversely affectother carriers operating in the territory for the purposes of paragraph (c) ofsubsection 2.

4. The applicant must submit an application fee of$200, which must not be refunded, with his application. The applicant must alsopay those amounts which are billed to him by the Authority for reasonable costsincurred by it in conducting an investigation or hearing regarding theapplicant.

5. The Taxicab Authority may attach to the exercise ofthe rights granted by the certificate any terms and conditions which in itsjudgment the public interest may require.

6. The Taxicab Authority may dispense with the hearingon the application if, upon the expiration of the time fixed in the notice ofthe hearing, no protest against the granting of the certificate has been filedby or on behalf of any person.

7. Any person who has been denied a certificate ofpublic convenience and necessity after a hearing may not file a similarapplication with the Taxicab Authority covering the same type of service andover the same route or routes or in the same territory for which thecertificate of public convenience and necessity was denied except after theexpiration of 180 days from the date the certificate was denied.

(Added to NRS by 1969, 1242; A 1971, 729; 1975, 1325;1977, 748; 1979, 837; 1981, 2054; 1987, 2259; 1991, 1962)

NRS 706.8828 Insurance.

1. Except as otherwise provided in subsection 4, acertificate holder shall file with the Administrator, and keep in effect at alltimes, a policy of insurance with an insurance company licensed to do businessin the State of Nevada.

2. The insurance policy specified in subsection 1must:

(a) Provide the following coverage:

 

For injury to one person in any oneaccident............................................. $100,000

For injury to two or more persons inany one accident.............................. 300,000

For property damage in any oneaccident....................................................... 10,000

 

(b) Contain a clause which states substantially thatthe insurance carrier may only cancel the policy upon 30 days written noticeto the certificate holder and Administrator; and

(c) Contain such other provisions concerning notice asmay be required by law to be given to the certificate holder.

3. If an insurance policy is cancelled, thecertificate holder shall not operate or cause to be operated any taxicab thatwas covered by the policy until other insurance is furnished.

4. A certificate holder to whom the Department ofMotor Vehicles has issued a certificate of self-insurance may self-insure thecoverage required by subsection 2.

(Added to NRS by 1969, 1242; A 1977, 609; 1979, 1096;1985, 2002; 1999,3594; 2001, 2639;2003, 1203)

NRS 706.8829 Uniformsystem of accounts; examination of books and accounts; fines; suspension orrevocation of certificate of public convenience and necessity.

1. A certificate holder shall maintain a uniformsystem of accounts in which all business transacted by the certificate holderis recorded. The accounts must be:

(a) Kept in a form prescribed by the Taxicab Authority;

(b) Before May 15 of each year, submitted to theTaxicab Authority in an annual report in the form and detail prescribed by theTaxicab Authority;

(c) Retained for a period of 3 years after theirreceipt back from the Taxicab Authority; and

(d) Supplemented with such additional information asthe Taxicab Authority may require.

2. The Taxicab Authority may examine the books,accounts, records, minutes and papers of a certificate holder at any reasonabletime to determine their correctness and whether they are maintained inaccordance with the regulations adopted by the Taxicab Authority.

3. If a certificate holder fails to comply with anyprovision of this section in a timely manner, the Administrator, after hearing,may impose a fine of not more than $1,000, commence proceedings to suspend orrevoke the certificate of public convenience and necessity of the certificateholder, or both impose a fine and commence such proceedings.

(Added to NRS by 1969, 1242; A 1981, 2054; 1991,1963)

NRS 706.883 Records.

1. A certificate holder shall maintain at his principalplace of business:

(a) A record of the make and serial number of eachtaxicab;

(b) A maintenance record for each taxicab; and

(c) A copy of the medical certificates of each of hisdrivers.

2. The records of a certificate holder shall be openfor inspection by the Administrator or the Taxicab Authority at any reasonabletime.

(Added to NRS by 1969, 1242)

NRS 706.8831 Listingfor telephone in telephone directory. Acertificate holder shall have a public business telephone listing in thetelephone directory for the area being served. The listing must state thecompany name, telephone number, place of business and, if the companys serviceis not operated 24 hours per day, the hours of service.

(Added to NRS by 1969, 1242; A 1989, 1787)

NRS 706.8832 Two-wayradio; central facilities for dispatching taxicabs. Acertificate holder shall have each taxicab equipped with a two-way mobile radioand shall maintain central facilities for dispatching taxicabs at all times.The facilities:

1. May be maintained individually or in cooperationwith other certificate holders.

2. Must be principally engaged in communication byradio with the taxicabs of the certificate holder or holders.

(Added to NRS by 1969, 1243; A 1981, 2055)

NRS 706.8833 Colorscheme, insigne and design of cruising lights.

1. The color scheme, insigne and design of thecruising lights of each taxicab must conform to those approved for thecertificate holder pursuant to regulations of the Authority.

2. The Authority shall approve or disapprove the colorscheme, insigne and design of the cruising lights of the taxicabs of acertificate holder in any county, and shall ensure that the color scheme andinsigne of one certificate holder are readily distinguishable from the colorschemes and insignia of other certificate holders operating in the same county.

(Added to NRS by 1969, 1243; A 1981, 2055; 1991,1963; 1997, 1956)

NRS 706.8834 Maximumperiod of use of vehicle as taxicab; condition of vehicle acquired for use astaxicab.

1. If a vehicle acquired for use as a taxicab by acertificate holder pursuant to paragraph (a) of subsection 3 has been inoperation as a taxicab for 67 months based on the date it was originally placedinto operation as a taxicab, the certificate holder: (a) Shall removethe vehicle from operation as a taxicab; and

(b) Shall not permit the vehicle to be used as ataxicab in the operations of the certificate holder at any time thereafter.

2. If a vehicleacquired for use as a taxicab by a certificate holder pursuant to paragraph (b)of subsection 3 has been in operation as a taxicab for 55 months based on thedate it was originally placed into operation as a taxicab, the certificateholder:

(a) Shall remove the vehicle from operation as ataxicab; and

(b) Shall not permit the vehicle to be used as ataxicab in the operations of the certificate holder at any time thereafter.

3. Any vehicle which a certificate holder acquires foruse as a taxicab must:

(a) Be new; or

(b) Register not more than 30,000 miles on theodometer.

(Added to NRS by 1969, 1243; A 1975, 1325; 1987, 392;1991, 1963; 1997, 852; 2005,270)

NRS 706.8835 Displayof schedule of fares, number of unit and name of holder of certificate.

1. A certificate holder shall display on each of histaxicabs the fare schedule under which it is being operated. The schedule mustbe permanently affixed:

(a) On the outside of both front doors in bold blockletters which are of a color which contrasts with the color of the taxicab andwhich are not less than three-fourths of an inch in height; and

(b) Inside the taxicab so as to be visible and easilyreadable by passengers.

2. A certificate holder shall have a unit number andthe name of the certificate holder displayed on each side of each taxicab inbold block letters not less than 4 inches in height and in a color whichcontrasts with the color of the taxicab.

(Added to NRS by 1969, 1243; A 1991, 1964)

NRS 706.8836 Taximeters.

1. A certificate holder shall equip each of histaxicabs with a taximeter and shall make provisions when installing thetaximeter to allow sealing by the Administrator.

2. The Administrator shall approve the types oftaximeters which may be used on a taxicab. All taximeters must conform to a2-percent plus or minus tolerance on the fare recording, must be equipped witha signal device plainly visible from outside of the taxicab, must be equippedwith a device which records fares and is plainly visible to the passenger andmust register upon plainly visible counters the following items:

(a) Total miles;

(b) Paid miles;

(c) Number of units;

(d) Number of trips; and

(e) Number of extra passengers or extra charges.

3. The Administrator shall inspect each taximeterbefore its use in a taxicab and shall, if the taximeter conforms to thestandards specified in subsection 2, seal the taximeter.

4. The Administrator may reinspect the taximeter atany reasonable time.

(Added to NRS by 1969, 1244; A 1991, 1964)

NRS 706.8837 Standardsfor taxicabs before operation. A certificateholder shall not permit a taxicab to be operated in passenger service unless itmeets all of the following standards:

1. The steering mechanism is in good mechanical workingorder.

2. The vehicle does not have any apparent looseknuckles, bolts or gear trains.

3. The door hinges and latches are in good mechanicalworking order and all doors operate easily and close securely.

4. Interior or exterior advertising does not obscurethe drivers view in any direction.

5. The windows are clear and free from cracks or chipsin excess of 3 inches in length and are composed of approved, nonshatterablesafety glass.

6. The brakes are in good mechanical working order andwhen pressed are not less than 1 3/4 inches from the floorboard.

7. The exhaust system, gaskets, tailpipes and mufflersare in good condition and exhaust fumes do not penetrate the interior of thevehicle.

8. The vehicle is equipped with four adequate and safetires. Recapped tires may be used. Regrooved tires may not be used.

9. The speedometer is properly installed, maintainedin good working order and exposed to view.

10. The interior of the vehicle is clean, free fromtorn upholstery and from damaged or broken seats.

11. The headlights, taillights, stoplights and turnsignals are in good mechanical working order.

12. The horn and two windshield wipers are in goodmechanical working order.

13. The taximeter is working properly, is not disconnectedand has its covers and gears intact.

14. An air pollution control system is functioning inaccordance with federal, state and local laws which were applicable to the typeof vehicle at the time of its manufacture.

(Added to NRS by 1969, 1243; A 1979, 838)

NRS 706.8838 Defectsin taxicab which limit operation. Acertificate holder shall not permit a taxicab to be operated in passengerservice for a period of more than 24 hours unless it meets all of the followingstandards:

1. The vehicle is structurally sound and operates witha minimum of noise and vibration.

2. The vehicle does not have cracked, broken or badlydented fenders and is painted so as to provide reasonable protection againststructural deterioration.

3. The vehicle does not have shades or curtains whichcan be manipulated to shield the occupants or driver from exterior observationor to obstruct vision through the rearview windows.

4. The vehicle is washed once a week, the interior isswept, dusted and vacuumed once a day and the vehicle is in a clean andsanitary condition.

5. The floor mat is made of rubber or a similarnonabsorbent, washable material, is easily removable and is not torn.

(Added to NRS by 1969, 1244)

NRS 706.8839 Inspections.

1. The Administrator may inspect a taxicab at anyreasonable time.

2. If the Administrator finds that a taxicab is in acondition which violates NRS 706.8837,he shall remove the vehicle from service, shall place an out-of-service stickeron the windshield and shall notify the certificate holder of the defect. Thevehicle shall remain out of service until the defect has been remedied and theAdministrator upon reinspection has approved the vehicle and removed theout-of-service sticker.

3. If the Administrator finds that a taxicab is in acondition which violates NRS 706.8838,he shall notify the certificate holder of the improper condition and, after areasonable time, shall reinspect the vehicle. If upon reinspection theviolation has not been corrected, the vehicle shall be removed from serviceuntil it is reinspected and approved, as provided in subsection 2.

(Added to NRS by 1969, 1244; A 1977, 749; 1979, 631)

NRS 706.88395 Impoundmentby Administrator of vehicle in unauthorized use as taxicab; notice and hearing;administrative fine.

1. A vehicle used as a taxicab, limousine or otherpassenger vehicle in passenger service must be impounded by the Administratorif a certificate of public convenience and necessity has not been issuedauthorizing its operation. A hearing must be held by the Administrator no laterthan the conclusion of the second normal business day after impoundment, weekendsand holidays excluded. As soon as practicable after impoundment, theAdministrator shall notify the registered owner of the vehicle:

(a) That the registered owner of the vehicle must posta bond in the amount of $20,000 to ensure his presence at all proceedings heldpursuant to this section;

(b) Of the time set for the hearing; and

(c) Of his right to be represented by counselduring all phases of the proceedings.

2. The Administrator shall hold the vehicle until theregistered owner of the vehicle appears and:

(a) Proves that he is the registered owner of thevehicle;

(b) Proves that he holds a valid certificate of publicconvenience and necessity;

(c) Proves that the vehicle meets all requiredstandards of the Authority; and

(d) Posts a bond in the amount of $20,000 with theAdministrator.

TheAdministrator shall return the vehicle to its registered owner when the ownermeets the requirements of this subsection and pays all costs of impoundment.

3. If the registered owner is unable to meet therequirements of paragraph (b) or (c) of subsection 2, the Administrator mayassess an administrative fine against the registered owner for each suchviolation in the amount of $5,000. The maximum amount of the administrativefine that may be assessed against a registered owner for a single impoundmentof his vehicle pursuant to this section is $10,000. The Administrator shallreturn the vehicle after any administrative fine imposed pursuant to thissubsection and all costs of impoundment have been paid.

(Added to NRS by 1977, 745; A 1991, 1964; 1997, 1956)

Regulation of Drivers

NRS 706.8841 Driverspermit: Issuance; fingerprints and qualifications of applicant; grounds forrefusal to issue permit; fees.

1. The Administrator shall issue a drivers permit toqualified persons who wish to be employed by certificate holders as taxicabdrivers. Before issuing a drivers permit, the Administrator shall:

(a) Require the applicant to submit a complete set ofhis fingerprints which the Administrator may forward to the Central Repositoryfor Nevada Records of Criminal History for submission to the Federal Bureau ofInvestigation to ascertain whether the applicant has a criminal record and thenature of any such record, and shall further investigate the applicantsbackground; and

(b) Require proof that the applicant:

(1) Has been a resident of the State for 30 daysbefore his application for a permit;

(2) Can read and orally communicate in theEnglish language; and

(3) Has a valid license issued under NRS 483.325 which authorizes him to drive ataxicab in this State.

2. The Administrator may refuse to issue a driverspermit if the applicant has been convicted of:

(a) A felony relating to the practice of taxicabdrivers in this State or any other jurisdiction at any time before the date ofthe application;

(b) A felony involving any sexual offense in this Stateor any other jurisdiction at any time before the date of the application;

(c) A violation of NRS484.379 or 484.3795 or a law of anyother jurisdiction that prohibits the same or similar conduct within 3 yearsbefore the date of the application; or

(d) A violation of NRS484.37955 or a law of any other jurisdiction that prohibits the same orsimilar conduct.

3. The Administrator may refuse to issue a driverspermit if the Administrator, after the background investigation of theapplicant, determines that the applicant is morally unfit or if the issuance ofthe drivers permit would be detrimental to public health, welfare or safety.

4. A taxicab driver shall pay to the Administrator, inadvance, $40 for an original drivers permit and $10 for a renewal.

(Added to NRS by 1969, 1245; A 1971, 583; 1975, 1325;1977, 749; 1979, 649; 1981, 2015; 1983, 1032; 1999, 3437; 2003, 1407, 2734, 2873; 2005, 172)

NRS 706.8842 Physicianscertificate: Issuance; renewal; health requirements.

1. Before applying to a certificate holder foremployment as a driver, a person must obtain a physicians certificate with twocopies thereof from a physician who is licensed to practice in the State ofNevada.

2. A physician shall issue the certificate and copiesdescribed in subsection 1 if he finds that a prospective driver meets thehealth requirements established by the Federal Motor Carrier SafetyRegulations, 49 C.F.R. 391.41 et seq.

3. The certificate described in subsection 1 muststate that the physician has examined the prospective driver and has found thathe meets the health requirements described in subsection 2. The certificatemust be signed and dated by the physician.

4. The physicians certificate required by thissection expires 2 years after the date of issuance and may be renewed.

(Added to NRS by 1969, 1245; A 1991, 1965; 2003, 1405)

NRS 706.8843 Conditionsof employment of driver by holder of certificate.

1. A certificate holder shall not employ a driverunless the driver has obtained and has on his person:

(a) A valid drivers license for the State of Nevadaobtained under the provisions of NRS 483.010to 483.630, inclusive;

(b) A copy of a physicians certificate obtainedpursuant to NRS 706.8842; and

(c) A drivers permit issued by the Administratorpursuant to rules and regulations of the Taxicab Authority.

2. A certificate holder shall, at the time he employsa driver, provide the driver with a complete copy of the rules and regulationsdescribed in NRS 706.8844 to 706.8849, inclusive, and such other rulesand regulations as may be adopted by the Taxicab Authority, and require thedriver to sign a statement that he has received a copy of the regulations andhas read and familiarized himself with the contents thereof.

(Added to NRS by 1969, 1246; A 1971, 583)

NRS 706.8844 Tripsheets.

1. A certificate holder shall require his drivers tokeep a daily trip sheet in a form to be prescribed by the Taxicab Authority.

2. At the beginning of each period of duty the drivershall record on his trip sheet:

(a) His name and the number of his taxicab;

(b) The time at which he began his period of duty bymeans of a time clock provided by the certificate holder;

(c) The meter readings for total miles, paid miles,trips, units, extra passengers and extra charges; and

(d) The odometer reading of the taxicab.

3. During his period of duty the driver shall recordon his trip sheet:

(a) The time, place of origin and destination of eachtrip; and

(b) The number of passengers and amount of fare foreach trip.

4. At the end of each period of duty the driver shallrecord on his trip sheet:

(a) The time at which he ended his period of duty bymeans of a time clock provided by the certificate holder;

(b) The meter readings for total miles, paid miles,trips, units and extra passengers; and

(c) The odometer reading of the taxicab.

5. A certificate holder shall furnish a trip sheetform for each taxicab operated by a driver during his period of duty and shallrequire his drivers to return their completed trip sheets at the end of eachperiod of duty.

6. A certificate holder shall retain all trip sheetsof all drivers in a safe place for a period of 3 years immediately succeedingDecember 31 of the year to which they respectively pertain and shall make suchmanifests available for inspection by the Administrator upon reasonable demand.

7. Any driver who maintains a trip sheet in a formless complete than that required by subsection 1 is guilty of a misdemeanor.

(Added to NRS by 1969, 1246; A 1991, 1966)

NRS 706.8845 Standardsof conduct while on duty. While a driver is onduty, he shall:

1. Be appropriately dressed by the standards of thetaxicab business.

2. Be neat and clean in person and appearance.

3. Refrain from talking loudly, uttering profanity andfrom shouting to other drivers.

4. Not have in his possession a lighted cigar,cigarette or pipe while a passenger is being carried in his taxicab.

5. Not chew tobacco or use snuff while a passenger isbeing carried in his taxicab.

6. Attend his taxicab if it is being held out forhire.

7. Not permit his taxicab to remain at a taxicab standunless it is being held out for hire.

8. Discourage passengers from entering or leaving ataxicab from the left side except at the left curb of a one-way street or whilethe car is parked perpendicularly to a curb.

9. Not load or unload passengers or luggage at anintersection or crosswalk or at any place or in any manner that will interferewith the orderly flow of traffic.

10. Not carry more than two passengers in the frontseat of the taxicab or carry more passengers in the back seat of the taxicabthan are authorized by the manufacturers recommendations.

11. Not leave his taxicab unattended with the key inthe ignition lock.

12. Operate his taxicab in accordance with allapplicable state and local laws and regulations and with due regard for thesafety, comfort and convenience of passengers and of the general public.

(Added to NRS by 1969, 1246; A 1981, 2055)

NRS 706.8846 Prohibitedacts concerning destination of passenger. Withrespect to a passengers destination, a driver shall not:

1. Deceive or attempt to deceive any passenger whorides or desires to ride in his taxicab.

2. Convey or attempt to convey any passenger to adestination other than the one directed by the passenger.

3. Take a longer route to the passengers destinationthan is necessary, unless specifically requested so to do by the passenger.

4. Fail to comply with the reasonable and lawfulrequests of the passenger as to speed of travel and route to be taken.

(Added to NRS by 1969, 1247; A 1977, 750)

NRS 706.8847 Compliancewith passengers directions; exceptions.

1. A driver shall not refuse or neglect to transportany orderly person to that persons destination if:

(a) That person requests the driver to transport him;and

(b) The requested destination is within the areaallocated to the certificate holder who employs the driver.

2. Subsection 1 does not apply if the driver can showbeyond a reasonable doubt that:

(a) He has good reason to fear for his personal safety;

(b) The taxicab has been previously engaged by anotherperson; or

(c) He is forbidden by law or regulation to carry theperson requesting transportation.

(Added to NRS by 1969, 1247)

NRS 706.8848 Sanctionsimposed by Administrator for certain violations; hearing.

1. If a driver violates any provision of NRS 706.8844 to 706.8847, inclusive, the Administrator mayimpose the following sanctions:

(a) First offense: Warning notice or a fine of not morethan $100, or both warning and fine.

(b) Second offense: 1 to 3 days suspension of adrivers permit or a fine of not more than $200, or both suspension and fine.

(c) Third offense: 4 to 6 days suspension of adrivers permit or a fine of not more than $300, or both suspension and fine.

(d) Fourth offense: 10 days suspension of a driverspermit or a fine of not more than $500, or both suspension and fine.

(e) Fifth offense: Revocation of a drivers permit or afine of not more than $500, or both revocation and fine.

2. Only violations occurring in the 12 monthsimmediately preceding the most current violation shall be considered for thepurposes of subsection 1. The Administrator shall inspect the drivers recordfor that period to compute the number of offenses committed.

3. The Administrator shall conduct a hearing prior tosuspension or revocation of a drivers permit or imposing a fine under thissection or NRS 706.8849.

(Added to NRS by 1969, 1247; A 1977, 750)

NRS 706.8849 Prohibitedand required acts of drivers; imposition of sanctions; hearings.

1. A taxicab driver shall:

(a) Ensure that the fare indicator on the taximeter ofhis taxicab reads zero before the time that the taxicab is engaged.

(b) Ensure that the taximeter of his taxicab is engagedwhile the taxicab is on hire.

(c) Not make any charge for the transportation of apassenger other than the charge shown on the taximeter.

(d) Not alter, manipulate, tamper with or disconnect asealed taximeter or its attachments nor make any change in the mechanicalcondition of the wheels, tires or gears of a taxicab with intent to cause falseregistration on the taximeter of the passenger fare.

(e) Not remove or alter fare schedules which have beenposted in his taxicab by the certificate holder.

(f) Not permit any person or persons other than theperson who has engaged the taxicab to ride therein unless the person who hasengaged the taxicab requests that the other person or persons ride in thetaxicab. If more than one person is loaded by the taxicab driver as set forthin this paragraph, the driver shall, when one of the persons leaves the taxicab,charge that person the fare on the meter and reset the taximeter.

(g) Not drive a taxicab or go on duty while under theinfluence of, or impaired by, any controlled substance, dangerous drug, orintoxicating liquor or drink intoxicating liquor while on duty.

(h) Not use or consume controlled substances ordangerous drugs which impair a persons ability to operate a motor vehicle atany time, or use or consume any other controlled substances or dangerous drugsat any time except in accordance with a lawfully issued prescription.

(i) Not operate a taxicab without a valid driverspermit issued pursuant to NRS 706.8841and a valid drivers license issued pursuant to NRS 483.325 in his possession.

(j) Obey all provisions and restrictions of hisemployers certificate of public convenience and necessity.

2. If a driver violates any provision of subsection 1,the Administrator may, after a hearing, impose the following sanctions:

(a) For a first offense, 1 to 5 days suspension of adrivers permit or a fine of not more than $100, or both suspension and fine.

(b) For a second offense, 6 to 20 days suspension of adrivers permit or a fine of not more than $300, or both suspension and fine.

(c) For a third offense, a fine of not more than $500.

In additionto the other penalties set forth in this subsection, the Administrator mayrevoke a drivers permit for any violation of a provision of paragraph (g) ofsubsection 1.

3. Only violations occurring in the 12 monthsimmediately preceding the most current violation may be considered for thepurposes of subsection 2. The Administrator shall inspect the drivers record forthat period to compute the number of offenses committed.

(Added to NRS by 1969, 1247; A 1975, 1326; 1977, 751;1981, 2056; 1991, 1966; 1995, 1724)

Unlawful Acts; Penalties

NRS 706.885 Unlawfulacts; criminal penalties; disciplinary action by Taxicab Authority andAdministrator.

1. Any person who knowingly makes or causes to bemade, either directly or indirectly, a false statement on an application,account or other statement required by the Taxicab Authority or theAdministrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of amisdemeanor.

2. The Taxicab Authority or Administrator may at anytime, for good cause shown and upon at least 5 days notice to the grantee ofany certificate or drivers permit, and after a hearing unless waived by thegrantee, penalize the grantee of a certificate to a maximum amount of $15,000or penalize the grantee of a drivers permit to a maximum amount of $500 orsuspend or revoke the certificate or drivers permit granted by it or him,respectively, for:

(a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or any regulation ofthe Taxicab Authority or Administrator.

(b) Knowingly permitting or requiring any employee toviolate any provision of NRS 706.881 to 706.885, inclusive, or any regulation ofthe Taxicab Authority or Administrator.

If a penaltyis imposed on the grantee of a certificate pursuant to this section, theTaxicab Authority or Administrator may require the grantee to pay the costs ofthe proceeding, including investigative costs and attorneys fees.

3. When a driver or certificate holder fails to appearat the time and place stated in the notice for the hearing, the Administratorshall enter a finding of default. Upon a finding of default, the Administratormay suspend or revoke the license, permit or certificate of the person whofailed to appear and impose the penalties provided in this chapter. For goodcause shown, the Administrator may set aside a finding of default and proceedwith the hearing.

4. Any person who operates or permits a taxicab to beoperated in passenger service without a certificate of public convenience andnecessity issued pursuant to NRS 706.8827,is guilty of a gross misdemeanor. If a law enforcement officer witnesses aviolation of this subsection, he may cause the vehicle to be towed immediatelyfrom the scene.

5. The conviction of a person pursuant to subsection 1does not bar the Taxicab Authority or Administrator from suspending or revokingany certificate, permit or license of the person convicted. The imposition of afine or suspension or revocation of any certificate, permit or license by theTaxicab Authority or Administrator does not operate as a defense in anyproceeding brought under subsection 1.

(Added to NRS by 1969, 1248; A 1971, 584; 1975, 1327;1977, 752; 1981, 2057; 1991, 1967; 1993, 903; 1997, 2991)

 

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