[Rev. 11/21/2013 3:23:20 PM--2013]

CHAPTER 706 - MOTOR CARRIERS

REGULATION AND LICENSING OF MOTOR CARRIERS

General Provisions

NRS 706.011           Definitions.

NRS 706.013           “Advertise” defined.

NRS 706.016           “Ambulance” defined.

NRS 706.018           “Authority” defined.

NRS 706.021           “Broker” defined.

NRS 706.024           “Chair” defined.

NRS 706.026           “City” defined.

NRS 706.028           “Combined gross vehicle weight rating” defined.

NRS 706.031           “Commission” defined.

NRS 706.036           “Common motor carrier” defined.

NRS 706.041           “Common motor carrier of passengers” defined.

NRS 706.046           “Common motor carrier of property” defined.

NRS 706.048           “Compliance enforcement officer” defined.

NRS 706.051           “Contract motor carrier” defined.

NRS 706.056           “Converter gear dolly” defined.

NRS 706.058           “Declared gross weight” defined.

NRS 706.061           “Department” defined.

NRS 706.063           “Deputy Commissioner” defined.

NRS 706.066           “Driveaway-towaway” defined.

NRS 706.071           “Farm vehicle” defined.

NRS 706.072           “Fully regulated carrier” defined.

NRS 706.073           “Gross vehicle weight rating” defined.

NRS 706.074           “Hazardous material” defined.

NRS 706.076           “Hearse” defined.

NRS 706.081           “Highway” defined.

NRS 706.085           “Household goods” defined.

NRS 706.091           “Motor convoy carrier” defined.

NRS 706.096           “Motor vehicle” defined.

NRS 706.101           “Operator” defined.

NRS 706.111           “Private motor carrier of property” defined.

NRS 706.116           “Semitrailer” defined.

NRS 706.121           “Special mobile equipment” defined.

NRS 706.124           “Taxicab” defined.

NRS 706.126           “Taxicab motor carrier” defined.

NRS 706.127           “Tilt bed” defined.

NRS 706.131           “Tow car” defined.

NRS 706.132           “Towing services” defined.

NRS 706.136           “Trailer” defined.

NRS 706.137           “Transportation of household goods” defined.

NRS 706.141           “Unladen weight” defined.

NRS 706.146           “Vehicle” defined.

NRS 706.151           Legislative declaration of purpose.

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

NRS 706.1512         Authority: Designation of Chair by Governor; Executive Officer; members in unclassified service of State.

NRS 706.1513         Suits by and against Authority.

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

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

NRS 706.1516         Nevada Transportation Authority Regulatory Account: 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           Certain carriers and brokers declared affected with public interest and subject to regulation; resale of transportation services.

NRS 706.158           Inapplicability of provisions governing brokers to motor clubs, charitable organizations and certain other brokers of transportation services.

NRS 706.163           Inapplicability of certain provisions to governmental vehicles.

NRS 706.165           Authority required to authorize use in certain larger counties of certain technology by holder of certificate of public convenience and necessity; regulations by Authority.

 

Administration and Enforcement

NRS 706.166           Supervision and regulation of fully regulated carriers, brokers of regulated services and operators of tow cars by Authority; enforcement of standards of safety.

NRS 706.167           Duty of motor carriers to furnish information and annual report.

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

NRS 706.168           Supervision of motor carriers separate from supervision of brokers.

NRS 706.169           Regulation of certain carriers by Department of Motor Vehicles and Department of Public Safety.

NRS 706.171           General powers of Authority, Department of Motor Vehicles and Department of Public Safety: Regulations; reports and records; examinations and subpoenas; temporary waivers.

NRS 706.1715         Duties of Attorney General and district attorneys.

NRS 706.1717         Cooperation with federal and state agencies; payment of expenses incurred for joint conferences and meetings held out of State.

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

NRS 706.1725         Disclosure of records subject to examination: Requirements; conditions.

NRS 706.173           Regulations concerning safety for drivers and vehicles; regulations concerning transportation of hazardous materials and hazardous waste.

NRS 706.176           Appointment of Deputy Commissioner; employment of compliance enforcement officers and other personnel by Authority.

NRS 706.178           Regulations concerning training of compliance enforcement officers.

NRS 706.186           Licensing of motor carriers by Department.

NRS 706.188           Agreement between Department and motor carrier or service provider regarding registration or transfer or renewal of registration of vehicle; bond or other security; fees; regulations.

NRS 706.192           Power of Department to require bond of carrier that is habitually delinquent in making certain payments.

NRS 706.196           Reports to Department; preservation of records; penalties for failure to report or preserve records.

NRS 706.197           Fees for filing documents.

NRS 706.201           Costs of administration.

NRS 706.211           Deposit and use of money collected. [Effective through June 30, 2015.]

NRS 706.211           Deposit and use of money collected. [Effective July 1, 2015.]

 

Regulation of Motor Carriers Generally

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

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

NRS 706.231           Peace and traffic officers to assist in enforcement.

NRS 706.235           Issuance of citation or notice of correction to driver of heavy-duty motor vehicle detained for violation.

NRS 706.246           Limitations on use of unsafe vehicle.

NRS 706.251           Report of accident: Requirements; preservation; confidentiality.

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

NRS 706.266           Intrastate motor carriers required to furnish information to Authority.

NRS 706.271           Motor vehicle exceeding limit on size, weight or load not to be licensed or permitted to operate.

NRS 706.276           Vehicles to be weighed by public weighmaster or Department; fee; applicability of chapter 582 of NRS; acceptance of certificates from other states; exception for farm vehicles.

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

NRS 706.282           Duty of fully regulated carrier that advertises to provide to person who publishes or distributes advertisement of certain information regarding natural person who requested advertisement; duty of person who publishes or distributes advertisement of fully regulated carrier to provide certain information to Authority.

NRS 706.285           Advertising must include number of certificate or permit.

NRS 706.2855         Injunction prohibiting person from advertising without including number of certificate or permit.

NRS 706.286           Complaint against fully regulated carrier or operator of tow car: Investigation by Authority; notice and hearing.

NRS 706.2865         Notice of matters pending before Authority; power of Authority to dispense with hearing.

NRS 706.2873         Record of hearings: Recording and transcription of testimony; copies to be filed with court clerk and furnished to parties; costs.

NRS 706.2875         Order for appearance of witnesses or production of materials; payment of fees and mileage claims by witnesses.

NRS 706.288           Order for production of books, accounts, papers or records.

NRS 706.2883         Person aggrieved by action or inaction of Taxicab Authority entitled to judicial review; regulations of Nevada Transportation Authority regarding its review of decisions of Taxicab Authority.

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

 

Liability Insurance, Bonds and Security

NRS 706.291           Liability insurance to be provided by certain motor carriers; Authority to designate amounts; Authority and Department jointly to prescribe amounts and forms by regulation.

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

NRS 706.298           Certain indemnification clauses void and unenforceable.

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

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

NRS 706.3052         Operator of taxicab may provide self-insurance; exception.

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

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

NRS 706.3058         Permitted forms of security.

NRS 706.306           Maintenance of security; affidavit required upon relinquishment of certificate of self-insurance.

 

Rates and Service

NRS 706.311           Motor carriers 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           Schedules of rates, fares and charges.

NRS 706.322           Acceptance by taxicab motor carrier or limousine operator of credit cards or debit cards for payment of rates, fares or charge: Regulations; certain acts by issuers prohibited.

NRS 706.323           Limitation on power of Authority to regulate rates.

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

NRS 706.331           Authority may order substitution of just and reasonable rates, regulations and practices after investigation and hearing.

NRS 706.341           Operator of 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           Printing and posting of schedule and joint rates.

NRS 706.351           Free or reduced rates for transportation unlawful; exceptions.

NRS 706.356           Certain free transportation prohibited.

NRS 706.361           Persons with disabilities entitled to full and equal enjoyment of facilities of public transportation; unlawful denial of services and facilities.

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

NRS 706.371           Powers of Authority to regulate contract motor carriers.

 

Certificates of Public Convenience and Necessity

NRS 706.386           Persons required to obtain certificate.

NRS 706.391           Application for issuance or modification of certificate: Hearing; standards for reviewing application; duties of applicant; powers of Authority.

NRS 706.396           Effect of denial of certificate.

NRS 706.398           Revocation or suspension of certificate: Failure to file annual report to operate under terms and conditions of certificate or to comply with provisions of chapter or regulations of Authority.

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

 

Permits for Contract Carriers

NRS 706.421           Contract motor carrier must obtain permit from Commission.

NRS 706.426           Application for permit: Contents and form.

NRS 706.431           Conditions for issuance or denial of permit; approval of contract entered into after issuance of permit.

NRS 706.436           Effect of denial of permit.

 

Written Approval for Common Carriers of Property

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

NRS 706.438           Conditions for issuance of written approval.

NRS 706.439           Department authorized to issue written approval at time of registration or licensing of carrier’s fleet.

NRS 706.4395         Cancellation of written approval.

 

Intrastate Transportation or Storage of Household Goods

NRS 706.442           Requirements.

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

 

Tow Cars

NRS 706.445           Limitations on power of Authority to regulate towing services.

NRS 706.446           Certain operators of tow cars not required to obtain certificates of public convenience and necessity.

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

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

NRS 706.4465         Operator of tow car required to maintain dispatcher’s log.

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

NRS 706.4468         Operator of tow car required to file charges for preparing or satisfying liens with Authority; conditions for imposing charges.

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

NRS 706.4473         Operator required to inform owner of towed motor vehicle of right to file complaint with Authority.

NRS 706.4475         Operator prohibited from knowingly towing vehicle after another operator already requested.

NRS 706.4477         Conditions for person other than owner of motor vehicle or county or city to request towing; payment of costs by owner; exceptions.

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

NRS 706.44793       Operator required to accept certain forms of payment.

NRS 706.44797       Operator authorized to enter into contracts with issuers of credit cards and debit cards for acceptance of payment of rates, fares and charges.

NRS 706.4481         Conditions for insurer to obtain possession of motor vehicle towed at request of person other than owner; Commissioner of Insurance to establish standard consent form; immunity of operator from civil or criminal liability.

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

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

NRS 706.4487         Legislative declaration concerning designation of vehicle storage lots by insurance companies.

NRS 706.4489         Insurance companies authorized to designate vehicle storage lots in certain larger counties to which certain vehicles are towed at request of law enforcement; indemnification of law enforcement; responsibilities of designated vehicle storage lot; certain rates and charges prohibited; approval of Authority required.

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

NRS 706.451           Annual fee; penalty and interest.

NRS 706.453           Exemption of certain automobile wreckers.

 

Subpoenas; Orders to Cease and Desist

NRS 706.457           Authority may subpoena certain persons who have not obtained certificate of public convenience and necessity or permit.

NRS 706.458           Enforcement of subpoena.

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

 

Drivers’ Permits for Drivers of Certain Motor Carriers

NRS 706.462           Issuance and renewal; application requirements; fees. [Effective January 1, 2014.]

NRS 706.4622         Statement by applicant concerning payment of child support; grounds for denial of permit; duty of Authority. [Effective January 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 706.4624         Suspension of permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of permit. [Effective January 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

 

Charter Buses

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

 

Limousines

NRS 706.465           Annual fee; technology fee; penalty and interest.

 

Taxicab Motor Carriers

NRS 706.471           Annual fee; technology fee; penalty and interest.

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

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

NRS 706.4755         Posting of sign concerning assault or battery on driver.

NRS 706.4757         Blood, breath or urine test on employee or lessee for presence of alcohol or controlled substance; regulations.

 

Impoundment of Certain Vehicles

NRS 706.476           Impoundment by Authority of certain vehicles in unauthorized use; notice and hearing; administrative fine.

NRS 706.478           Short-term lessor not liable for fine or penalty related to impoundment of certain vehicles in unauthorized use 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           Operator of motor vehicle within provisions of chapter deemed owner; joint and several liability of lessor and lessee for fees, taxes, penalties and interest.

NRS 706.491           Motor carrier must be licensed.

NRS 706.495           Medical examiner’s certificate; issuance; renewal; health requirement. [Effective January 1, 2014.]

NRS 706.521           Temporary permit for certain motor vehicles; fee.

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

NRS 706.541           Purchase of temporary permit required before entering State.

NRS 706.546           Charge for credit allowed against subsequent fees.

NRS 706.561           Temporary waiver of fees in emergency.

NRS 706.566           Civil action for collection of unpaid fees.

NRS 706.571           Procedure for refund of fee, penalty or interest.

NRS 706.576           Injunction or other process to prevent collection of fees prohibited; action to recover amount paid under protest.

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

NRS 706.586           Judgment for plaintiff: Disposition of amount; interest.

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

NRS 706.596           Evidentiary effect of verified claim of Department.

NRS 706.601           Delinquent fees, interest and penalties constitute lien against motor vehicle; time of attachment of lien; Department to notify registered owner before seizure and sale of vehicle; hearing.

NRS 706.606           Duration of lien.

NRS 706.611           Priority of lien.

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

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

NRS 706.626           Revocation or denial of license: Notice and hearing.

NRS 706.631           Remedies of 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 than operators of tow cars.

 

Limitations on Hours of Service for Certain Drivers

NRS 706.672           Definitions.

NRS 706.675           “Commercial motor vehicle” defined.

NRS 706.678           “Intrastate driver” defined.

NRS 706.682           Limitations on intrastate drivers of commercial motor vehicles.

NRS 706.692           Limitations on drivers of other regulated motor vehicles.

 

Exemptions

NRS 706.736           Exemption of certain vehicles and transportation from provisions regulating certain motor carriers; applicability of certain provisions.

NRS 706.741           Exemption of certain vehicles used in business of resort hotel that holds nonrestricted gaming license; requirements regarding inspection of such vehicles.

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

NRS 706.749           Permit for employer transporting employees between place of work and homes or central areas for parking; requirements.

 

Violations and Penalties

NRS 706.756           Unlawful acts; criminal penalties.

NRS 706.758           Unlawful for person to advertise services for which certificate or permit is required unless person holds certificate or permit; orders to cease and desist unlawful advertising; procedure for disconnecting or changing telephone or paging number included in unlawful advertising.

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

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

NRS 706.771           Civil penalty or administrative fine by Authority for certain violations.

NRS 706.772           Administrative fines: Repayment plans; notice; notification provided to Department of Motor Vehicles.

NRS 706.775           Administrative fine by Department for certain violations.

NRS 706.779           Movement of vehicle by Authority after stopping driver for violation of certain provisions.

NRS 706.781           Additional civil remedies.

 

Additional Assessments of Fees

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

APPORTIONMENT OF FEES FOR INTERSTATE USERS OF HIGHWAYS

NRS 706.801           Short title.

NRS 706.806           Definitions.

NRS 706.811           Declaration of legislative policy.

NRS 706.813           Applicability of NRS 706.801 to 706.861, inclusive.

NRS 706.816           Uniform interpretation of NRS 706.801 to 706.861, inclusive.

NRS 706.821           Power of Department to make rules and regulations.

NRS 706.826           Agreements by Department with departments of other states and countries.

NRS 706.836           Payment of fees to Department.

NRS 706.841           Application: Contents; computation of fee.

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

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

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

REGULATIONS FOR OPERATION OF TAXICABS IN CERTAIN COUNTIES

General Provisions

NRS 706.881           Applicability of NRS 706.8811 to 706.885, inclusive.

NRS 706.8811         Definitions.

NRS 706.8812         “Administrator” defined.

NRS 706.8813         “Certificate holder” defined.

NRS 706.8814         “Driver” defined.

NRS 706.8816         “Taxicab” defined.

NRS 706.8817         “Taximeter” defined.

 

Taxicab Authority

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

NRS 706.88182       Adoption of regulations establishing program for transportation of elderly persons and persons with permanent disabilities.

NRS 706.88183       Adoption of regulations implementing system for use of certain technology to verify validity of medallions.

NRS 706.88184       Authority required to authorize use of certain technology by certificate holders and to impose reasonable charge.

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

NRS 706.8819         Hearings and final decisions; jurisdiction; appeals from final decisions.

 

Taxicab Administrator

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

NRS 706.8821         Powers and duties; employees.

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

NRS 706.88235       Issuance and enforcement of subpoenas; depositions.

 

Allocation of Number of Taxicabs; Taxes; Fees

NRS 706.88237       Power of Taxicab Authority to determine circumstances requiring temporary increase in allocation and to make such allocations.

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

NRS 706.88245       Temporary increase in allocation of number of taxicabs by Taxicab Authority; factors for determination; regulations.

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

NRS 706.8826         Revenue of city and county received from taxes imposed on businesses operating taxicabs payable to State; fees payable to State by holder of certificate for allocated taxicab.

 

Holders of Certificates of Public Convenience and Necessity: Requirements

NRS 706.8827         Certificate of public convenience and necessity required to engage in business of operating taxicabs; hearing on application; fee; conditions; effect of denial of certificate.

NRS 706.8828         Insurance.

NRS 706.8829         Uniform system of accounts; examination of books and accounts; fines; suspension or revocation of certificate of public convenience and necessity.

NRS 706.883           Records.

NRS 706.8831         Listing for telephone in telephone directory.

NRS 706.8832         Two-way radio; central facilities for dispatching taxicabs.

NRS 706.8833         Color scheme, insigne and design of cruising lights; advertisements.

NRS 706.8834         Maximum period of use of vehicle as taxicab; condition of vehicle acquired for use as taxicab; extension of period for hybrid electric vehicle.

NRS 706.88345       Maximum period of use of vehicle as taxicab, condition of vehicle acquired for use as taxicab and extension of period for hybrid electric vehicle in county for which regulation by Authority not required. [Repealed.]

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

NRS 706.88353       Posting of sign concerning assault or battery on driver.

NRS 706.88355       Acceptance of credit cards or debit cards for payment of rates, fares and charges: Contracts with issuers; regulations; certain acts by issuers prohibited.

NRS 706.8836         Taximeters.

NRS 706.8837         Standards for taxicabs before operation.

NRS 706.8838         Defects in taxicab which limit operation.

NRS 706.8839         Inspections.

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

 

Regulation of Drivers

NRS 706.8841         Driver’s permit: Issuance; fingerprints and qualifications of applicant; grounds for refusal to issue permit; fees.

NRS 706.8842         Physician’s certificate: Issuance; renewal; health requirements. [Effective through December 31, 2013.]

NRS 706.8842         Medical examiner’s certificate: Issuance; renewal; health requirements. [Effective January 1, 2014.]

NRS 706.8843         Conditions of employment of driver by holder of certificate. [Effective through December 31, 2013.]

NRS 706.8843         Conditions of employment of driver by holder of certificate. [Effective January 1, 2014.]

NRS 706.8844         Trip sheets.

NRS 706.8845         Standards of conduct while on duty.

NRS 706.8846         Prohibited acts concerning destination of passenger.

NRS 706.8847         Compliance with passenger’s directions; exceptions.

NRS 706.8848         Sanctions imposed by Administrator for certain violations; hearing.

NRS 706.8849         Prohibited and required acts of drivers; imposition of sanctions; hearings.

 

Unlawful Acts; Penalties

NRS 706.885           Unlawful acts; criminal penalties; disciplinary action by Taxicab Authority and Administrator.

_________

 

REGULATION AND LICENSING OF MOTOR CARRIERS

General Provisions

      NRS 706.011  Definitions.  As used in NRS 706.011 to 706.791, inclusive, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed 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; 2007, 2052; 2009, 468; 2011, 1400, 2654, 3658; 2013, 284, 657, 1037, 2005, 2046, 2158, 2179, 2533)

      NRS 706.013  “Advertise” defined.  “Advertise” means the commercial use of any medium, including, but not limited to, the radio or television, or a newspaper, magazine, directory, sign or other printed matter, by a common or contract motor carrier to bring the services of the carrier to the attention of members of the general public.

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

      NRS 706.016  “Ambulance” defined.  “Ambulance” means a vehicle designed and used primarily for the transportation of injured or sick persons or dead bodies on stretchers, cots, beds or other devices for carrying persons in a prone position.

      (Added to NRS by 1971, 687)

      NRS 706.018  “Authority” defined.  “Authority” means the Nevada Transportation Authority created pursuant to NRS 706.1511.

      (Added to NRS by 1997, 1923; A 2007, 2052)

      NRS 706.021  “Broker” defined.

      1.  “Broker” means a person who is not a common motor carrier and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation, or negotiates for, or holds himself, herself or itself out by solicitation, advertisement or otherwise as one who sells, provides, furnishes, contracts or arranges for, such transportation.

      2.  “Services” and “transportation” to which subsection 1 applies include all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or property in intrastate commerce or in the performance of any service in connection therewith.

      (Added to NRS by 1971, 687)

      NRS 706.024  “Chair” defined.  “Chair” means the person designated as Chair of the Authority by the Governor pursuant to NRS 706.1512.

      (Added to NRS by 2007, 2052)

      NRS 706.026  “City” defined.  “City” means any unincorporated town or any city incorporated under the provisions of chapter 266 of NRS or organized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of Section 1 of Article 8 of the Constitution of the State of Nevada.

      (Added to NRS by 1971, 687)

      NRS 706.028  “Combined gross vehicle weight rating” defined.  “Combined gross vehicle weight rating” has the meaning ascribed to it in NRS 482.0153.

      (Added to NRS by 2009, 467)

      NRS 706.031  “Commission” defined.  “Commission” means the Public Utilities Commission of Nevada.

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

      NRS 706.036  “Common motor carrier” defined.  “Common motor carrier” means any person or operator who is held out to the public as willing to transport by vehicle from place to place, either upon fixed route or on-call operations, passengers or property, including a common motor carrier of passengers, a common motor carrier of property and a taxicab motor carrier.

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

      NRS 706.041  “Common motor carrier of passengers” defined.  “Common motor carrier of passengers” means any person or operator, including a taxicab motor carrier, who is held out to the public as willing to transport by vehicle from place to place, either upon fixed route or on-call operations, passengers or passengers and light express for all who may choose to employ the person or operator.

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

      NRS 706.046  “Common motor carrier of property” defined.  “Common motor carrier of property” means any person or operator, including a motor convoy carrier, who is held out to the public as willing to transport by motor vehicle from place to place, either upon fixed route or on-call operations, the property of all who may choose to employ the person or operator.

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

      NRS 706.048  “Compliance enforcement officer” defined.  “Compliance enforcement officer” means a person employed pursuant to NRS 706.176 whose duties include enforcing certain state statutes and regulations pertaining to motor carriers.

      (Added to NRS by 2007, 2052)

      NRS 706.051  “Contract motor carrier” defined.  “Contract motor carrier” means any person or operator engaged in transportation by motor vehicle of passengers or household goods for compensation pursuant to continuing contracts with one person or a limited number of persons:

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

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

      3.  Not operating as a common motor carrier of passengers or property.

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

      NRS 706.056  “Converter gear dolly” defined.  “Converter gear dolly” means a vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a trailer.

      (Added to NRS by 1971, 688)

      NRS 706.058  “Declared gross weight” defined.  “Declared gross weight” means the maximum gross weight at which the vehicle or combination of vehicles will be operated, except the term does not include the weight of:

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

      2.  Implements of husbandry;

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

      4.  Towable tools or equipment, as that term is defined in NRS 484D.055; or

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

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

      NRS 706.061  “Department” defined.  “Department” means the Department of Motor Vehicles.

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

      NRS 706.063  “Deputy Commissioner” defined.  “Deputy Commissioner” means the person appointed as Deputy Commissioner of the Authority pursuant to NRS 706.176.

      (Added to NRS by 2007, 2052)

      NRS 706.066  “Driveaway-towaway” defined.  “Driveaway-towaway” transportation means the driving of a motor vehicle in transit, singly under its own power, or in lawful combination by the tow bar, saddle mount or combinations thereof, or where a trailer or semitrailer in transit is being towed or drawn, and in the process of delivery.

      (Added to NRS by 1971, 688)

      NRS 706.071  “Farm vehicle” defined.  “Farm vehicle” means any vehicle or combination of vehicles which is:

      1.  Controlled and operated by a farmer or rancher;

      2.  Used to transport the farmer’s or rancher’s own livestock, agricultural products, 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 contract carrier.

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

      NRS 706.072  “Fully regulated carrier” defined.  “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the Authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the Authority.

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

      NRS 706.073  “Gross vehicle weight rating” defined.  “Gross vehicle weight rating” has the meaning ascribed to it in NRS 482.0445.

      (Added to NRS by 2009, 467)

      NRS 706.074  “Hazardous material” defined.  “Hazardous material” has the meaning ascribed to it in NRS 459.7024.

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

      NRS 706.076  “Hearse” defined.  “Hearse” means a vehicle designed and used primarily for transporting dead bodies.

      (Added to NRS by 1971, 688)

      NRS 706.081  “Highway” defined.  “Highway” means every street, road or thoroughfare of any kind used by the public.

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

      NRS 706.085  “Household goods” defined.  “Household goods” means personal effects and property used or to be used in a dwelling which are part of the equipment or supply of the dwelling and such other similar property as the Authority may provide by regulation. The term does not include property moving from a factory or store, except property that the householder has purchased with the intent to use in the householder’s dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder.

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

      NRS 706.091  “Motor convoy carrier” defined.  “Motor convoy carrier” means any person, whether engaged in any of the carrier services defined in NRS 706.016 to 706.146, inclusive, or otherwise, engaged in the driveaway-towaway transportation of vehicles in transit, that is, in process of delivery, over and upon the highways of this State, and transported for compensation, or for the purpose of selling or offering the same for sale or exchange or storage prior to sale, or delivery subsequent to sale, or for subsequent use in the service, of any common, contract or private carrier, or, when such person causes such services to be rendered, or who furnished drivers for the movement of in transit vehicles, or who furnishes in transit vehicles to drivers.

      (Added to NRS by 1971, 688)

      NRS 706.096  “Motor vehicle” defined.  “Motor vehicle” means every vehicle which is self-propelled, but not operated on rails, used upon a highway for the purpose of transporting persons or property.

      (Added to NRS by 1971, 689)

      NRS 706.101  “Operator” defined.  “Operator” means a person, other than a lienholder, having a property interest in or title to a vehicle. Except as otherwise provided in this section, the term includes a person entitled to the use and possession of a vehicle under a lease or contract for the purpose of transporting persons or property. The term does not include a person who is the lessee of a taxicab pursuant to NRS 706.473.

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

      NRS 706.111  “Private motor carrier of property” defined.

      1.  “Private motor carrier of property” means any person or operator engaged in the transportation by vehicle of property sold, or to be sold, or used by the person or operator in furtherance of any private commercial enterprise.

      2.  “Private motor carrier of property” shall not be construed as permitting the carriage of any property whatsoever for compensation, direct or indirect.

      (Added to NRS by 1971, 689)

      NRS 706.116  “Semitrailer” defined.  “Semitrailer” means every vehicle so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.

      (Added to NRS by 1971, 689)

      NRS 706.121  “Special mobile equipment” defined.

      1.  “Special mobile equipment” means every motor vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including, but not limited to, scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and earth-moving equipment.

      2.  “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers, concrete pumpers, cranes or drill rigs with highway-rated tires or other vehicles designed for the transportation of persons or property to which machinery has been attached.

      3.  The Director of the Department may make the final determination as to whether a vehicle not specifically enumerated in subsection 1 or 2 falls within this definition.

      4.  The Department shall, by regulation, define “incidentally operated or moved upon a highway” for purposes of this section.

      (Added to NRS by 1971, 689; A 2007, 231)

      NRS 706.124  “Taxicab” defined.  “Taxicab” means a vehicle which is not operated over a fixed route, is designed or constructed to accommodate and transport 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 the distance traveled;

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

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

      (Added to NRS by 1989, 1783)

      NRS 706.126  “Taxicab motor carrier” defined.

      1.  “Taxicab motor carrier” means any person who operates a taxicab.

      2.  “Taxicab motor carrier” does not include:

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

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

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

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

      (Added to NRS by 1997, 2668)

      NRS 706.131  “Tow car” defined.  “Tow car” means a vehicle which is designed or modified and equipped for and is used exclusively in the business of towing or transporting disabled vehicles by means of a crane, hoist, tow bar, towline, tilt bed or dolly, or is otherwise exclusively used to render assistance to disabled vehicles or to tow any vehicle which is being impounded by any law enforcement agency, removed from any unauthorized parking area or which is otherwise required to be transported by tow car at the request of the owner of the vehicle or any other authorized person.

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

      NRS 706.132  “Towing services” defined.  “Towing services” includes the process of towing a vehicle, the storage of that vehicle, the storage of items found in that vehicle and the process of preparing and satisfying any liens against that vehicle to which the operator is entitled.

      (Added to NRS by 1997, 2668)

      NRS 706.136  “Trailer” defined.  “Trailer” means every vehicle designed to be drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

      (Added to NRS by 1971, 690)

      NRS 706.137  “Transportation of household goods” defined.  “Transportation of household goods” means the transportation by motor vehicle of household goods 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 accomplished through the use of a rented or other vehicle not owned by the shipper which is driven by someone associated with an entity that has a commercial or financial interest in providing services related to the movement of household goods which are being transported.

      (Added to NRS by 1995, 2609)

      NRS 706.141  “Unladen weight” defined.  “Unladen weight” of a vehicle means the weight of a vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and property and such other equipment as may be required by law.

      (Added to NRS by 1971, 690)

      NRS 706.146  “Vehicle” defined.  “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails. The term does not include electric personal assistive mobility devices as defined in NRS 482.029.

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

      NRS 706.151  Legislative declaration of purpose.

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

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

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

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

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

             (1) Intrastate transportation by fully regulated carriers; and

             (2) Towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,

Ê without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity.

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

      2.  All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.

      (Added to NRS by 1971, 690; A 1981, 1019; 1983, 1222; 1995, 2612; 1997, 1930, 2670; 1999, 492; 2003, 1400; 2007, 2052)

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

      1.  The Nevada Transportation Authority is hereby created.

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

      3.  The Governor shall appoint to the Authority members who 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.

Ê At least one but not more than two of the members appointed must be residents of Clark County.

      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 are independent of the industries regulated by the Authority. No elected officer of this State or any political subdivision is eligible for appointment.

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

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

      (Added to NRS by 1997, 1923; A 2007, 2053)

      NRS 706.1512  Authority: Designation of Chair by Governor; Executive Officer; members in unclassified service of State.

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

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

      (Added to NRS by 1997, 1924)

      NRS 706.1513  Suits by and against Authority.  The Authority may sue and be sued in the name of the Nevada Transportation Authority.

      (Added to NRS by 1997, 1924; A 2007, 2054)

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

      1.  A majority of the members of the Authority may exercise all of the power and conduct the business of the Authority relating to common or contract carriers, taxicabs, and the warehousing of household goods as provided in this chapter and chapter 712 of NRS.

      2.  Except as otherwise provided in this subsection, public hearings must be conducted by one or more members of the Authority. An administrative proceeding conducted pursuant to subsection 2 of NRS 706.771 may be conducted by a hearing officer designated by the Chair of the Authority.

      (Added to NRS by 1997, 1924)

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

      1.  Any common or contract carrier subject to the jurisdiction of the Authority that elects to maintain its books and records outside the State of Nevada must, in addition to any other assessment and fees provided for by law, be assessed by the Authority for an amount equal to the per diem allowance and travel expenses of members of the Authority and staff for investigations, inspections and audits required to be performed outside this State. The per diem allowance and travel expenses of the members of the Authority and its staff must be assessed at the rate established by the State Board of Examiners for state officers and employees generally.

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

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

      (Added to NRS by 1997, 1924; A 2007, 605)

      NRS 706.1516  Nevada Transportation Authority Regulatory Account: Creation; deposits; use; claims; statements.

      1.  The Nevada Transportation Authority Regulatory Account is hereby created in the State General Fund. All money collected by the Authority pursuant to law must be deposited with the State Treasurer for credit to the Account.

      2.  Except as otherwise provided in subsection 3, money in the Account may be used only to defray the costs of:

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

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

      (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that maintenance and participation.

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

      3.  All money collected by the Authority pursuant to subsection 2 of NRS 706.465 and subsection 4 of NRS 706.471 must be used to implement technological improvements in safety, reliability and efficiency within a county whose population is 700,000 or more, including, without limitation, the implementation of a computerized real-time data system to assist with the administration and enforcement of the provisions of NRS 706.011 to 706.791, inclusive. A computerized real-time data system implemented pursuant to this subsection must, at a minimum, satisfy the following criteria:

      (a) While a vehicle is in service within the jurisdiction of the Authority, the system must be capable of collecting in real-time from the onboard computer of the vehicle, by wireless access through the onboard diagnostic port or other means, the vehicle identification number and the operating and telemetric data for the vehicle.

      (b) While a vehicle is in service within the jurisdiction of the Authority, the system must be capable of collecting in real-time, from an onboard diagnostic device capable of using a global positioning system that is installed in the vehicle or any other onboard computer software system capable of using a global positioning system that is installed in the vehicle, the location of the vehicle by latitude and longitude, a record of the time at which the vehicle is at that location and operating and telemetric data for the vehicle.

      (c) The system must be capable of allowing the operator of a vehicle, while the vehicle is in service within the jurisdiction of the Authority, to register in the system, at the beginning and end of each shift, his or her identity and the number of his or her permit or certificate of public convenience and necessity.

      (d) The system must be capable of allowing, in a manner prescribed by the Authority, a holder of a certificate of public convenience and necessity to digitally associate himself or herself with a vehicle for which the Authority has issued a certificate, license or other authorization.

      (e) The system must be capable of presenting, in real-time to the Authority, searchable histories of the information and data described in this subsection in both a format that displays the information and data in tables and a digital map format that displays streets and highways.

      (f) The system must be capable of presenting to a passenger, through an application on a mobile device or an interactive, digital display or other onboard system in the vehicle, sufficient information for the passenger to select and direct the operator of the vehicle to the passenger’s desired destination by the passenger’s desired route. The information must include, without limitation, sufficient information for the passenger to:

            (1) Select the shortest route by time or distance to the passenger’s desired destination;

             (2) Select a multi-segment trip directed by the passenger;

             (3) Select the least expensive route to the passenger’s desired destination; and

             (4) Make a digital record of the passenger’s selection that is accessible during and after the trip by the passenger, the Authority, the operator and the holder of the certificate of public convenience and necessity.

      (g) The system must be capable of presenting to the operator of the vehicle, through an application on a mobile device or an interactive, digital display or other onboard system in the vehicle, sufficient information for the operator to:

             (1) Determine the shortest route by time or distance to the passenger’s desired destination and the least expensive route to the passenger’s desired destination;

             (2) Follow a multi-segment, passenger-directed trip by the least expensive route to the passenger’s desired destination; and

             (3) Allow the passenger to make a digital record of a selection of a desired route to the passenger’s destination that is accessible during and after the trip by the passenger, the Authority, the operator and the holder of the certificate of public convenience and necessity.

      (h) The system must be capable of allowing a passenger to register comments and complaints with the Authority, the operator of the vehicle and the holder of the certificate of public convenience and necessity, through an application on a mobile device or an interactive digital display screen or other onboard system in the vehicle.

      (i) The system must be capable of assisting the Authority in the development of additional preventive measures to detect, investigate and deter the practice of transporting a passenger to a selected destination by a route that is more expensive than necessary under the circumstances of the trip.

      (j) The system must be capable of providing to the Authority reliable real-time and historic information concerning service demands, market data, vehicle usage, wait time and customer complaints and comments.

      (k) The system must be capable of allowing holders of a certificate of convenience and public necessity to use the system to provide cooperative dispatch and electronic hailing services to the public pursuant to NRS 706.165.

      4.  The Authority shall not use the information and data collected pursuant to paragraph (a) or (b) of subsection 3 for any purpose other than the purposes set forth in those paragraphs unless the Authority has adopted regulations governing the additional use.

      5.  The Authority may operate the computerized real-time data system implemented pursuant to subsection 3 or enter into an agreement for the provision of such service. If the Authority enters into such an agreement, the Authority shall ensure that all the information and data collected by the computerized real-time data system is under the control of the Authority.

      6.  All claims against the Account must be paid as other claims against the State are paid.

      7.  The Authority must furnish upon request a statement showing the balance remaining in the Account as of the close of the preceding fiscal year.

      8.  As used in this section, “real time” means the transmission of information at a rate no longer than once every 6 seconds, unless the Authority authorizes a longer rate while a vehicle is experiencing a low volume of trips.

      (Added to NRS by 1997, 1924; A 2007, 2054; 2011, 452; 2013, 2533)

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

      (Added to NRS by 1997, 1925)

      NRS 706.1518  Authority: Biennial report; records open to public.  Except as 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 Authority must be open at all reasonable times to the public.

      (Added to NRS by 1997, 1925)

      NRS 706.156  Certain carriers and brokers declared affected with public interest and subject to regulation; resale of transportation services.

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

      (a) Affected with a public interest; and

      (b) Subject to NRS 706.011 to 706.791, inclusive.

      2.  A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The Authority shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that person’s 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  Inapplicability of provisions governing brokers to motor clubs, charitable organizations and certain other brokers of transportation services.  The provisions of NRS 706.011 to 706.791, inclusive, relating to brokers do not apply to any person whom the Authority determines is:

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

      2.  A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes; or

      3.  A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.

      (Added to NRS by 1981, 1030; A 1997, 1932; 2005, 736; 2011, 2654; 2013, 284, 657, 2005, 2179)

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

      1.  The Federal Government or any instrumentality thereof.

      2.  Any state or a political subdivision thereof.

      (Added to NRS by 1981, 1048; A 1987, 2256; 2011, 2655; 2013, 284, 657, 2005, 2046, 2180)

      NRS 706.165  Authority required to authorize use in certain larger counties of certain technology by holder of certificate of public convenience and necessity; regulations by Authority.

      1.  In a county whose population is 700,000 or more, upon application by a holder of a certificate of public convenience and necessity, the Authority shall authorize the certificate holder to use the computerized real-time data system for the purposes of offering cooperative dispatch and electronic hailing services to the public.

      2.  If two or more holders of a certificate of convenience and public necessity apply to the Authority to use the computerized real-time data system for the purposes set forth in subsection 1, the Authority must establish, by regulation or order, rules providing for the use of the computerized real-time data system by two or more holders of a certificate of convenience and public necessity for the purposes set forth in subsection 1.

      3.  The Authority shall:

      (a) Authorize the holders of a certificate of public convenience and necessity who are authorized to use the computerized real-time data system for the purposes set forth in subsection 1 to impose a reasonable charge for the use of the computerized real-time data system by a passenger. The charge:

             (1) Must be separate from any other rate, fare or charge for service;

             (2) Is not required to be uniform within a county; and

             (3) May be assessed in accordance with a schedule of charges based upon factors approved by the Authority.

      (b) Establish, by regulation or order, requirements for the publication by holders of a certificate of public convenience and necessity of the charge or the schedule of charges for the use by a passenger of the computerized real-time data system for the purposes set forth in subsection 1.

      4.  As used in this section, “computerized real-time data system” means the computerized real-time data system implemented by the Authority pursuant to subsection 3 of NRS 706.1516.

      (Added to NRS by 2013, 2532)

Administration and Enforcement

      NRS 706.166  Supervision and regulation of fully regulated carriers, brokers of regulated services and operators 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 in this chapter, supervise and regulate:

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

      (b) Every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS 706.011 to 706.791, inclusive.

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

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

      (a) Providing training in safety;

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

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

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

      (a) Fares of fully regulated carriers;

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

      (c) Classifications;

      (d) Divisions;

      (e) Allowances; and

      (f) All charges of fully regulated carriers and charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, including charges between carriers and compensation paid or received for the use of facilities and equipment.

Ê These regulations may not provide for collective agreements which restrain any party from taking free and independent action.

      5.  Review decisions of the Taxicab Authority appealed to 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; 2011, 1400; 2013, 2046)

      NRS 706.167  Duty of motor carriers to furnish information and annual report.

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

      (a) Keep uniform and detailed accounts of all business transacted in the manner required by the Authority by regulation and render them to the Authority upon its request.

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

Ê The regulations of the Authority may not require an operator of a tow car to keep accounts and report information concerning towing services other than information that is necessary to permit the Authority to enforce the provisions of NRS 706.011 to 706.791, inclusive.

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

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

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

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

      NRS 706.1675  Annual reports, records and statements to be submitted under oath.  Every annual report, record or statement required by law to 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  Supervision of motor carriers separate from supervision of brokers.  The authority of the Nevada Transportation Authority to supervise and regulate motor carriers and brokers respectively, to the extent provided in this chapter, must be exercised separately. A motor carrier is responsible only for the motor carrier’s own acts and those of the motor carrier’s employees or agents who are not brokers. A broker is responsible only for the broker’s own acts and those of the broker’s employees or agents who are not motor carriers.

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

      NRS 706.169  Regulation of certain carriers by Department of Motor Vehicles and Department of Public Safety.

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

      2.  The Department of Motor Vehicles shall regulate the licensing of private motor carriers of property used for private commercial enterprises on any highway in this State.

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

      NRS 706.171  General powers of Authority, Department of Motor Vehicles and Department of Public Safety: Regulations; reports and records; examinations and subpoenas; temporary waivers.

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

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

      (b) Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the Surface Transportation Board, any other agency of the Federal Government or the National Association of Regulatory Utility Commissioners.

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

      (d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any fully regulated carrier, and of any other common, contract or private motor carrier doing business in this State to the extent necessary for their respective duties. The Authority, the Department of Motor Vehicles and the Department of Public Safety may examine in other states or require by subpoena the production inside this State of such books, papers and records as are not maintained in this State.

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

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

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

      4.  As used in this section, “personnel records” does not include:

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

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

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

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

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

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

      (h) The work schedule of the employee;

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

      (j) If applicable, the date on which the employment of the 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  Duties of Attorney General and district attorneys.

      1.  The Attorney General shall:

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

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

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

      2.  The Attorney General or any district attorney may prosecute any violation of this chapter or chapter 712 of NRS for which a criminal penalty is provided.

      (Added to NRS by 1997, 1927; A 2007, 2054)

      NRS 706.1717  Cooperation with federal and state agencies; payment of expenses incurred for joint conferences and meetings held out of State.  The Authority may, in carrying out its duties:

      1.  Cooperate with the Federal Government and its departments and agencies.

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

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

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

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

      1.  Except as otherwise provided in subsection 2, any member of the Authority or any officer or employee of the Authority who is designated by the Authority may examine during the regular business hours the books, accounts, records, minutes, papers and property of any person who is regulated by the Authority and who does business in this State, whether or not the book, account, record, minutes, paper or property is located within this State.

      2.  No personnel records of an employee may be examined pursuant to subsection 1 unless the records contain information relating to a matter of public safety or the Authority determines that the examination is required to protect the interests of the public.

      3.  As used in this section, “personnel records” does not include:

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

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

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

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

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

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

      (h) The work schedule of the employee;

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

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

      (Added to NRS by 1997, 1925)

      NRS 706.1725  Disclosure of records subject to examination: Requirements; conditions.

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

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

      (a) Granting such protective orders as it deems necessary; and

      (b) Holding closed hearings to receive or examine such information.

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

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

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

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

      (Added to NRS by 1997, 1926)

      NRS 706.173  Regulations concerning safety for drivers and vehicles; regulations concerning transportation of hazardous materials and hazardous waste.

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

      2.  The Department of Motor Vehicles or the Department of Public Safety may, by regulation applicable to all motor vehicles transporting hazardous materials, adopt standards for the transportation of hazardous 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  Appointment of Deputy Commissioner; employment of compliance enforcement officers and other personnel by Authority.

      1.  The Authority shall appoint a Deputy Commissioner who:

      (a) Must be knowledgeable and experienced in public administration and fiscal management;

      (b) Must be knowledgeable in the areas of motor carrier regulation by the Authority; and

      (c) Must be independent of and have no pecuniary interest in any entity regulated by the Authority.

      2.  The Deputy Commissioner shall:

      (a) Serve as Chief Financial Officer for the Authority and is responsible for directing the daily operation of the Authority, including, without limitation:

             (1) Budget preparation;

             (2) Administration;

             (3) Human resources;

             (4) Purchases and acquisitions made by the Authority; and

             (5) Contracts and leases entered into by the Authority;

      (b) Develop and implement policies and procedures to ensure the efficient operation of the Authority;

      (c) Oversee:

             (1) The review of applications for certificates, permits and modifications of tariffs;

             (2) The maintenance of a hearing calendar of all matters pending before the Authority; and

             (3) Compliance with and enforcement of state statutes and regulations pertaining to motor carriers which are regulated by the Authority; and

      (d) Authenticate documents and serve as custodian of all agency records.

      3.  The Deputy Commissioner is in the unclassified service of the State.

      4.  The Authority shall employ compliance enforcement officers whose duties shall include, without limitation, enforcement activities to ensure motor carriers are operating in compliance with state statutes and regulations, conducting operational inspections of motor carriers and investigating complaints against motor carriers.

      5.  The Authority may employ such other personnel as may be necessary.

      (Added to NRS by 1971, 691; A 1997, 1934; 2007, 2054)

      NRS 706.178  Regulations concerning training of compliance enforcement officers.  The Authority shall adopt regulations setting forth the training which a compliance enforcement officer employed by the Authority pursuant to NRS 706.176 must complete, including, without limitation, training in commercial vehicle safety inspections provided by the Nevada Highway Patrol.

      (Added to NRS by 2007, 2052)

      NRS 706.186  Licensing of motor carriers by Department.  The Department shall license every common, contract and private motor carrier required to be licensed by this chapter.

      (Added to NRS by 1971, 691)

      NRS 706.188  Agreement between Department and motor carrier or service provider regarding registration or transfer or renewal of registration of vehicle; bond or other security; fees; regulations.

      1.  Upon the request of a motor carrier or a service provider, the Department may enter into an agreement with the motor carrier or service provider which authorizes the motor carrier or service provider:

      (a) Without applying to the Department, to register or transfer or renew the registration of any vehicle:

             (1) Owned solely by the motor carrier or service provider; or

             (2) Leased solely by the motor carrier or service provider, if the lease is a long-term lease; and

      (b) To issue registration credentials on behalf of the Motor Carrier Division of the Department for any vehicle registered pursuant to paragraph (a) and for any vehicle with a registration that has been renewed or transferred pursuant to paragraph (a).

      2.  Before registering or transferring or renewing the registration of any vehicle pursuant to subsection 1:

      (a) A motor carrier who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $25,000; and

      (b) A service provider who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $50,000.

      3.  If a motor carrier or service provider provides a savings certificate, certificate of deposit or investment certificate pursuant to NRS 100.065 in lieu of the bond required pursuant to subsection 2, the certificate must state that the amount is not available for withdrawal except upon the approval of the Director of the Department.

      4.  If at any time a motor carrier or service provider is unable to account for an unissued license plate or decal, the motor carrier or service provider must immediately pay to the Department an amount established by the Department.

      5.  The Director of the Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      6.  As used in this section:

      (a) “Lease” has the meaning ascribed to it in NRS 482.053.

      (b) “Long-term lease” means a lease for a fixed period of more than 31 days.

      (c) “Motor carrier” means a common, contract or private motor carrier registered through the Motor Carrier Division of the Department.

      (d) “Registration credentials” includes, without limitation, license plates, registration cab cards, decals and temporary authority permits.

      (e) “Service provider” means a business or organization authorized by the Department to register or transfer or renew the registration of vehicles on behalf of motor carriers.

      (Added to NRS by 2009, 391)

      NRS 706.192  Power of Department to require bond of carrier that is habitually delinquent in making certain payments.  If the Department determines that a common motor carrier, contract motor carrier or private motor carrier of property is habitually delinquent in the payment of amounts due to the Department pursuant to this chapter, the Department shall require the common motor carrier, contract motor carrier or private motor carrier of property to provide a bond executed by the carrier as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all fees, penalties and interest due to the State of Nevada. The total amount of the bond must not be less than $2,500.

      (Added to NRS by 2009, 467)

      NRS 706.196  Reports to Department; preservation of records; penalties for failure to report or preserve records.

      1.  The Department may require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter and NRS 484D.615.

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

      3.  For any person who fails to report or to maintain books, papers or records as required pursuant to subsection 2, the Department may:

      (a) Revoke or refuse to grant the authority to register or transfer or renew registrations granted pursuant to NRS 706.188;

      (b) Deny the person the right to apportion fees pursuant to NRS 706.801 to 706.861, inclusive; and

      (c) Revoke any license of the person issued by the Department pursuant to chapter 482 of NRS.

      (Added to NRS by 1971, 692; A 1973, 700; 1979, 1076; 1987, 968, 1317, 1319; 1995, 314; 2009, 392)

      NRS 706.197  Fees for filing documents.

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

      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 notice and is not attached to an application, $10. If more than one page is filed at one 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 by the Authority because it is inadequate or inappropriate, the filing fee must be returned.

      4.  The Authority may not charge any fee for filing a complaint.

      (Added to NRS by 1997, 1926)

      NRS 706.201  Costs of administration.  To the extent that such costs cannot be paid from the Nevada Transportation Authority Regulatory Account in the State General Fund, the costs of administration of this chapter must be paid from the State Highway Fund on claims presented by the Authority or Department, approved by the State Board of Examiners.

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

      NRS 706.211  Deposit and use of money collected. [Effective through June 30, 2015.]  All money collected by the Department under the provisions of NRS 706.011 to 706.861, inclusive, must be deposited in the State Treasury for credit to the Motor Vehicle Fund. Except as otherwise provided in this chapter and NRS 482.180 and 482.181, and except for any money transferred to the State General Fund pursuant to NRS 482.182, all money collected under the provisions of NRS 706.011 to 706.861, inclusive, must be used for the construction, maintenance and repair of the public highways of this State.

      (Added to NRS by 1971, 692; A 1973, 1838; 1975, 213; 1979, 149; 2001 Special Session, 155; 2009, 2198; 2013, 2570)

      NRS 706.211  Deposit and use of money collected. [Effective July 1, 2015.]  All money collected by the Department under the provisions of NRS 706.011 to 706.861, inclusive, must be deposited in the State Treasury for credit to the Motor Vehicle Fund. Except as otherwise provided in this chapter and NRS 482.180 and 482.181, all money collected under the provisions of NRS 706.011 to 706.861, inclusive, must be used for the construction, maintenance and repair of the public highways of this State.

      (Added to NRS by 1971, 692; A 1973, 1838; 1975, 213; 1979, 149; 2001 Special Session, 155; 2009, 2198; 2013, 2570, effective July 1, 2015)

Regulation of Motor Carriers Generally

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

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

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

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

      NRS 706.231  Peace and traffic officers to assist in enforcement.  Sheriffs and all other peace officers and traffic officers of this State are charged with the duty, without further compensation, of assisting in the enforcement of this chapter. They shall make arrests for this purpose when requested by an authorized agent of the Department of Motor Vehicles, the Department of Public Safety, the Authority or other competent authority.

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

      NRS 706.235  Issuance of citation or notice of correction to driver of heavy-duty motor vehicle detained for violation.

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

      2.  If, at the time of the issuance of a citation or a notice of correction, the peace officer determines that the vehicle is unsafe and poses an immediate threat to the life of the driver or any other person upon a public highway, the peace officer may require that the vehicle be taken to 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 does not pose an immediate threat to life, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer shall not delay the vehicle for more than 15 minutes and shall permit the vehicle to proceed to its destination and unload its cargo. Upon the arrival of the vehicle at its destination, the peace officer may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.

      3.  As used in this section:

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

             (1) Has a manufacturer’s gross vehicle weight rating of 10,000 pounds or more; and

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

      (b) “Peace officer” means:

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

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

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

      NRS 706.246  Limitations on use of unsafe vehicle.  Except as otherwise provided in NRS 706.235:

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

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

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

      (b) Has been declared “out of service” by an authorized employee of the Authority, the Department of Motor Vehicles or the Department of Public Safety.

Ê When the repairs have been made, the carrier shall so certify to the Authority or the department that declared the vehicle “out of service,” as required by the Authority or that department.

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

      NRS 706.251  Report of accident: Requirements; preservation; confidentiality.

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

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

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

      NRS 706.256  Power of 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 common and contract motor carriers; and

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

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

      NRS 706.266  Intrastate motor carriers required to furnish information to Authority.  It is unlawful for any common, contract or private motor carrier to operate as a motor carrier of intrastate commerce within this State without having furnished the Authority the following:

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

      2.  Such other information as the Authority may request.

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

      NRS 706.271  Motor vehicle exceeding limit on size, weight or load not to be licensed or permitted to operate.  No vehicle shall be licensed or permitted to operate on the highways of this State under the provisions of this chapter when such vehicle exceeds the size, height, weight or load limit weight provided by the laws of this State.

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

      NRS 706.276  Vehicles to be weighed by public weighmaster or Department; fee; applicability of chapter 582 of NRS; acceptance of certificates from other states; exception for farm vehicles.

      1.  The provisions of chapter 582 of NRS are hereby made applicable to this chapter.

      2.  Except as otherwise provided in subsection 6, all vehicles required to be weighed under the provisions of this chapter must be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the Department and the State Sealer of Consumer Equitability, and according to the provisions of chapter 582 of NRS, except as otherwise provided herein.

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

      4.  The State Sealer of Consumer Equitability from time to time, upon request of the Department, shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.

      5.  Public weighmasters’ certificates issued in states other 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 for which a license is applied.

      6.  In lieu of weighing a farm vehicle pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

      (a) Weigh the farm vehicle on a scale which has been certified by the State Sealer of Consumer Equitability; and

      (b) Use a printout from that scale setting forth the declared gross weight of the farm vehicle as proof of the declared gross weight of the farm vehicle for purposes of this chapter.

      (Added to NRS by 1971, 695; A 1973, 444; 2009, 170; 2013, 2491)

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

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

      2.  This section does not apply to motor vehicles:

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

      (b) Operated by an employer for the transportation of the employees of that employer, 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  Duty of fully regulated carrier that advertises to provide to person who publishes or distributes advertisement of certain information regarding natural person who requested advertisement; duty of person who publishes or distributes advertisement of fully regulated carrier to provide certain information to Authority.

      1.  Each fully regulated carrier that advertises its services shall provide to the person who broadcasts, publishes, displays or distributes that advertisement the name, street address and telephone number of the natural person who requested the advertisement on behalf of the fully regulated carrier.

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

      (Added to NRS by 1997, 1542)

      NRS 706.285  Advertising must include number of certificate or permit.  All advertising by:

      1.  A fully regulated carrier of intrastate commerce; and

      2.  An operator of a tow car,

Ê must include the number of the certificate of public convenience and necessity or contract carrier’s permit issued to the carrier or operator by the Authority.

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

      NRS 706.2855  Injunction prohibiting person from advertising without including number of certificate or permit.

      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 disciplinary action authorized by this chapter, petition a court of competent jurisdiction for an injunction prohibiting the person from continuing to:

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

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

      2.  If the court finds that the respondent has engaged in advertising that is unlawful pursuant to NRS 706.285, the court shall:

      (a) Enjoin the respondent from continuing the advertising.

      (b) Enjoin the respondent from using the telephone number mentioned in the advertising for any purpose.

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

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

      3.  As used in this section, “provider of telephone service” includes, but is not limited to:

      (a) A public utility furnishing telephone service.

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

      (Added to NRS by 1997, 1543)

      NRS 706.286  Complaint against fully regulated carrier or operator of tow car: Investigation by Authority; notice and hearing.

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

      (a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any fully regulated carrier or by any operator of a tow car for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the 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 act directly relating to the transportation of persons or property, including the handling and storage of that property, is, in any respect, unreasonable, insufficient or unjustly discriminatory; or

      (d) Any service is inadequate,

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

      2.  If the Authority determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing 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 a formal hearing unless the hearing is dispensed with as provided in NRS 706.2865.

      (Added to NRS by 1997, 1927; A 1999, 492; 2013, 2047, 2158)

      NRS 706.2865  Notice of matters pending before Authority; power of Authority to dispense with hearing.

      1.  When, in any matter pending before the Authority, a hearing is required by law, or is normally required by the Authority, the Authority shall give notice of the pendency of the matter to all persons entitled 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 to notice in each type of proceeding.

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

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

      4.  If an operator of a tow car files an application for a certificate of public convenience and necessity or an application to transfer 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  Record of hearings: Recording and transcription of testimony; copies to be filed with court clerk and furnished to parties; costs.

      1.  A complete record must be kept of all hearings before the Authority, and all testimony must be taken down by the stenographer appointed by the Authority, or, under the direction of any competent person appointed by the Authority, reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed and filed with the record in the matter. The Authority may by regulation provide for the transcription or safekeeping of sound recordings. The costs of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 706.286 must be paid by the applicant. If a complaint is made pursuant to NRS 706.286 by a customer or by a political subdivision of this State or a municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the Authority may apportion 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 certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.

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

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

      (Added to NRS by 1997, 1928)

      NRS 706.2875  Order for appearance of witnesses or production of materials; payment of fees and mileage claims by witnesses.

      1.  Any party is entitled to an order by the Authority for the appearance of witnesses or the production of books, papers and documents containing material testimony.

      2.  Witnesses appearing upon the order of the Authority are entitled to the same fees and mileage as witnesses in civil actions in the courts of this State, and the fees and mileage must be paid out of the State Treasury in the same manner as other claims against the State are paid. No fees or mileage may be allowed unless the Chair of the Authority certifies the correctness of the claim.

      (Added to NRS by 1997, 1928)

      NRS 706.288  Order for production of books, accounts, papers or records.  The Authority may require, by order to be served on any person regulated by the Authority in the same manner as a subpoena in a civil action, the production 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 outside this State, or verified copies in lieu thereof if the Authority so directs, so that an examination may be made by the Authority or under its direction, or for use as testimony.

      (Added to NRS by 1997, 1928)

      NRS 706.2883  Person aggrieved by action or inaction of Taxicab Authority entitled to judicial review; regulations of Nevada Transportation Authority regarding its review of decisions of Taxicab Authority.  Any person who is aggrieved by any action or inaction of the Taxicab Authority pursuant to NRS 706.8819 is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS. The Nevada Transportation Authority may adopt such regulations as 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 of certificate, permit or license; notice and hearing; conditions; judicial review.

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

      2.  The Authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, for a period not to exceed 60 days.

      3.  Upon receipt of a written complaint or on its own motion, the Authority may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes the grantee’s interest in the certificate, permit or license by so notifying the Authority in writing, the Authority may revoke the certificate, permit or license without a hearing.

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

      (Added to NRS by 1997, 1929; A 2011, 2655; 2013, 657, 2005, 2180)

Liability Insurance, Bonds and Security

      NRS 706.291  Liability insurance to be provided by certain motor carriers; Authority to designate amounts; Authority and Department jointly to prescribe amounts and forms by regulation.

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

      2.  The Department shall require every other common and contract motor carrier and every private carrier, within such time and in such amounts as the Department may designate, to file with the Department in a form required and approved by the Department a liability insurance policy, or a certificate of insurance in lieu thereof, a bond of a surety company, or other surety, in such reasonable sum as the Department may deem necessary to protect adequately the interests of the public. In determining the amount of liability insurance or other surety required of a carrier pursuant to this subsection, the Department shall create a separate category for vehicles with a manufacturer’s gross vehicle weight rating of less than 26,000 pounds and impose a lesser requirement 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 obligors thereunder to pay the compensation for injuries to persons or for loss or damage to property resulting from the negligent operation of the carrier.

      4.  The Authority and the Department may jointly prescribe by regulation the respective amounts and forms required by subsections 1 and 2.

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

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

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

      NRS 706.298  Certain indemnification clauses void and unenforceable.

      1.  Except as otherwise provided in this section and notwithstanding any other provision of law, a provision, clause, covenant or other agreement contained in, collateral to or affecting a contract concerning motor carrier transportation that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, a promisee from or against any liability for loss or damage resulting from the negligent or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable.

      2.  This section does not apply to agreements, including, without limitation, the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, providing for the interchange, use or possession of intermodal chassis or other intermodal equipment.

      3.  As used in this section:

      (a) “Contract concerning motor carrier transportation” means a contract, agreement or understanding covering:

             (1) The transportation of property for compensation or hire by a motor carrier;

             (2) The entrance onto property by a motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or

             (3) A service incidental to the activity described in subparagraph (1) or (2), including, without limitation, storage of property.

      (b) “Promisee” means a party to a contract concerning motor carrier transportation with a promisor and any agent, employee or independent contractor of the promisee, or of any other person, who is directly responsible to the promisee. The term does not include a motor carrier that is a party to a contract concerning motor carrier transportation with a promisee and any agent, employee or independent contractor of the motor carrier who is directly responsible to the motor carrier.

      (Added to NRS by 2013, 283)

      NRS 706.303  Liability insurance to be provided by operators of horse-drawn vehicles; amount of coverage.  The Authority shall adopt regulations requiring all operators of horse-drawn vehicles subject to its regulation and supervision to maintain a contract of insurance against liability for injury to persons and damage to property for each such vehicle. 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 in any one accident, $250,000;

      (b) Subject to the limitations of paragraph (a), for bodily 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 one accident, $50,000; or

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

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

      NRS 706.305  Liability insurance to be provided by operators of taxicabs; amount of coverage.  The Authority shall adopt regulations requiring all operators of taxicabs subject to its regulation and supervision to maintain a contract of insurance against liability for injury to persons and damage to property 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 in any one accident, $250,000;

      (b) Subject to the limitations of paragraph (a), for bodily 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 one accident, $50,000; or

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

      (Added to NRS by 1989, 1784)

      NRS 706.3052  Operator of taxicab may provide self-insurance; exception.

      1.  Except as otherwise provided in subsection 2, an operator of a taxicab may operate under a program of self-insurance in compliance with the provisions of NRS 706.3054 or 706.3056 in lieu of the insurance against liability required by the regulations adopted pursuant to NRS 706.305.

      2.  An operator of a taxicab shall not operate under a program of self-insurance if any judgment recovered against the operator has not been paid in full.

      (Added to NRS by 1989, 1784)

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

      1.  In lieu of the insurance against liability required by the regulations adopted pursuant to NRS 706.305, an operator of a taxicab may file with the Department:

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

      (b) A bond with at least two individual sureties each owning real property within this State, and together having equities equal in value to at least twice the amount of the bond, if the real property is scheduled 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 be conditioned for payments in the amounts and under the same circumstances as would be required in a contract of insurance against liability complying with the regulations adopted pursuant to NRS 706.305. The bond may not be cancelled unless 10 days before cancellation written notice is given to the Department.

      3.  Upon the filing of notice by the Department in the office 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 property scheduled in the bond. The lien exists in favor of any holder of a judgment against the person who has filed the bond.

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

      (Added to NRS by 1989, 1784)

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

      1.  In lieu of the insurance against liability required by the regulations adopted pursuant to NRS 706.305, 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 average annual costs of claims incurred by the operator for accidents involving motor vehicles during the immediately preceding 3 years,

Ê whichever is less, but in no event may the deposit be less than $250,000. The security deposited may be in any form authorized by NRS 706.3058. The Department shall not accept a deposit unless it is accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

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

      3.  Any security deposited must be used to satisfy any judgment obtained against the depositor which is final and has not been paid within 30 days after the date of the judgment, unless otherwise ordered by the court issuing the judgment. A depositor, within 24 hours after receiving notice that the security has been used to satisfy a judgment obtained against the depositor, shall deposit with the Department an amount which is necessary to maintain with the Department the amount required by subsection 1. The failure to maintain the full amount required by subsection 1 is a ground for the cancellation of the depositor’s certificate of self-insurance.

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

      (Added to NRS by 1989, 1785)

      NRS 706.3058  Permitted forms of security.  For the purposes of NRS 706.3056, the Department may accept from the operator of a taxicab any one of the following forms of security, or any combination thereof:

      1.  A time certificate of deposit with any bank or credit 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 the Federal Government made payable to the operator and the Department.

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

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

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

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

      NRS 706.306  Maintenance of security; affidavit required upon relinquishment of certificate of self-insurance.

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

      2.  At the time of relinquishing a certificate of self-insurance, an operator of a taxicab shall submit to the Department a properly executed affidavit indicating all claims against the operator which are outstanding. The affidavit must contain the name of each claimant and the amount of each claim.

      (Added to NRS by 1989, 1786)

Rates and Service

      NRS 706.311  Motor carriers 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, every common and contract motor carrier is required to furnish reasonably adequate service and facilities, and all transportation charges made by any such carrier must be just and reasonable.

      2.  Every operator of a tow car is required to furnish reasonably adequate service and facilities, and all charges assessed for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be just and reasonable.

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

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

      NRS 706.321  Schedules of rates, fares and charges.

      1.  Except as otherwise provided in subsection 2, every common 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 which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.

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

      2.  Every operator of a tow car 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 and charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which the operator has established and which are in force at the time of filing.

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

      3.  No changes may be made in any schedule, including schedules 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 be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The Authority, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days’ notice is not applicable when the carrier gives written notice to the Authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the Authority.

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

      5.  The Authority may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service filed pursuant to this section.

      6.  All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the Authority are in force, and are prima facie lawful, from the date of the order until changed or modified by the Authority, or pursuant to NRS 706.2883.

      7.  All regulations, practices and service prescribed by the Authority must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, or until changed 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; 2011, 1401; 2013, 2047)

      NRS 706.322  Acceptance by taxicab motor carrier or limousine operator of credit cards or debit cards for payment of rates, fares or charge: Regulations; certain acts by issuers prohibited.

      1.  A taxicab motor carrier or an operator of a limousine may enter into a contract with an issuer of credit cards and debit cards to provide for the acceptance of credit cards or debit cards by the taxicab motor carrier or the operator of a limousine for the payment of rates, fares and charges owed to the taxicab motor carrier or the operator of a limousine.

      2.  The Authority may prescribe by regulation or order the maximum fee that a taxicab motor carrier or an operator of a limousine may charge a customer for the convenience of using a credit card or debit card to make payment to the taxicab motor carrier or the operator of a limousine. In prescribing such fees, the Authority may consider the expenses incurred by the taxicab motor carrier or the operator of a limousine in accepting payment by a credit card or debit card, including, without limitation:

      (a) Costs of required equipment and its installation;

      (b) Administrative costs of processing credit card or debit card transactions; and

      (c) Fees paid to issuers of credit cards or debit cards.

      3.  An issuer shall not, by contract or otherwise:

      (a) Prohibit a taxicab motor carrier or an operator of a limousine from charging and collecting a fee authorized pursuant to subsection 2; or

      (b) Require a taxicab motor carrier or an operator of a limousine to waive the right to charge and collect a fee authorized pursuant to subsection 2.

      4.  As used in this section, “issuer” means a business organization, financial institution or a duly authorized agency of a business organization or financial institution which:

      (a) Issues a credit card or debit card; or

      (b) Enters into a contract with a taxicab motor carrier, an operator of a limousine or other person to enable or facilitate the acceptance of a credit card or debit card.

      (Added to NRS by 2011, 3657)

      NRS 706.323  Limitation on power of Authority to regulate rates.

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

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

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

      2.  This section does not limit the authority of the Authority to investigate, suspend, revise or revoke a proposed 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  Hearing by 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 pursuant to NRS 706.321 any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the Authority may commence an investigation or, upon reasonable notice, hold a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.

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

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

      4.  The Authority shall determine whether it is necessary to hold a hearing to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge. In making that determination, the Authority shall consider all timely written protests, any presentation the staff of the Authority may desire to present, the application 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  Authority may order substitution of just and reasonable rates, regulations and practices after investigation and hearing.

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

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

      3.  No complaint may at any time be dismissed because of 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 full hearing, by order, make such changes as may be just and reasonable, the same as if 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  Operator of 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 tow car shall, in the manner prescribed by the Authority, notify the Authority if the operator discontinues providing towing services from an operating terminal or establishes a new operating terminal from which a tow car provides towing services within 30 days after the operator discontinues providing towing services from an operating terminal or commences operations at the new terminal.

      2.  A common motor carrier, other than an operator of a tow car, authorized to operate by NRS 706.011 to 706.791, inclusive, shall not discontinue any service established pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and all other laws relating thereto and made applicable thereto by NRS 706.011 to 706.791, inclusive, without an order of the Authority 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  Printing and posting of schedule and joint rates.

      1.  Except as otherwise provided in subsection 3, a copy, or so much of the schedule or tariff as the Authority determines necessary for the use of the public, must be printed in plain type and posted in every office of a common motor carrier where payments are made by customers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected.

      2.  Except as otherwise provided in subsection 3, when a schedule or tariff of joint rates or charges is or may be in force between two or more common motor carriers or between any such carrier and a public utility, the schedule or tariff must be printed and posted in the manner prescribed in subsection 1.

      3.  Only the rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be printed and posted by an operator of a tow car pursuant to subsections 1 and 2.

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

      NRS 706.351  Free or 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 those specifically enumerated in this section.

      (b) Any person other than those specifically enumerated in this section to receive any pass, frank, free or reduced rates for transportation.

      2.  This section does not prevent the carriage, storage or hauling free or at reduced rates of passengers or property for charitable organizations or purposes for the United States, the State of Nevada or any political subdivision thereof.

      3.  This chapter does not prohibit a fully regulated common carrier from giving free or reduced rates for transportation of persons to:

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

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

      (c) Persons with physical or mental disabilities who present a written statement from a physician to that effect.

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

      (e) Persons providing relief in cases of common disaster.

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

      (g) Officers, agents, employees or members of any profession licensed under title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.

      (h) Indigent, destitute or homeless persons when under the 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 is given directly to a student or to the board of trustees of a school district on behalf of a student.

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

      4.  This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:

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

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

      (c) Persons providing relief in cases of common disaster.

      (d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this State.

      5.  This section does not prohibit the Authority from establishing reduced rates, fares or charges for specified routes or schedules of 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 provide free 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 the service of such carriers.

      (c) Persons who are traveling to enter the service of such 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  Certain free transportation prohibited.  It is unlawful for any common or contract motor carrier to make a charge for the carriage of passengers or property within the territory authorized by its certificate of public convenience and necessity or permit and give free or reduced rates beyond such limits.

      (Added to NRS by 1971, 700)

      NRS 706.361  Persons with disabilities entitled to full and equal enjoyment of facilities of public transportation; unlawful denial of services and facilities.

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

      2.  A common motor carrier of passengers, a contract motor carrier of passengers and other entities providing means of public conveyance and transportation shall designate a person responsible for ensuring that the carrier complies with the applicable provisions of the Americans with Disabilities 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 shall conduct training sessions for the employees of the carrier or entity. Each employee must be provided at least 3 hours of training during one or more training sessions. During the training sessions, the designee shall:

      (a) Describe the carrier’s plan for compliance with the Americans with Disabilities Act of 1990 and the regulations adopted pursuant to that Act;

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

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

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

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

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

      (a) Deny the equal enjoyment of its services and facilities to a person with a disability by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by a person with a disability;

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

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

      6.  As used in this section, “disability” has the meaning 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  Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; remedies.

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

      (a) Refuse service to a person with a disability because the person is accompanied by a service animal;

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

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

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

      3.  Persons with disabilities accompanied by service animals on common motor carriers of passengers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.

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

      (a) Actual damages;

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

      (c) Reasonable attorney’s fees as determined by the court.

      5.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of 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 meaning ascribed 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  Powers of Authority to regulate contract motor carriers.  The Authority may regulate and fix the maximum number of contracts and the minimum carrying charges of all intrastate contract motor carriers, and conduct hearings, make and enter necessary orders and enforce the same with respect thereto in the same manner and form as is now or may hereafter be provided by law for the regulation 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  Persons required to obtain certificate.  It is unlawful, except as otherwise provided in NRS 277A.280, 706.446, 706.453 and 706.745, for any:

      1.  Fully regulated common motor carrier to operate as a carrier of intrastate commerce;

      2.  Owner or operator of a charter bus which is not a fully regulated carrier to operate as a carrier of intrastate commerce; or

      3.  Operator of a tow car to perform towing services within this State,

Ê without first obtaining a certificate of public convenience and necessity from the Authority.

      (Added to NRS by 1971, 701; A 1979, 362; 1981, 1030; 1983, 538; 1995, 2616; 1997, 1941, 2675; 1999, 492; 2009, 630, 870)

      NRS 706.391  Application for issuance or modification of certificate: Hearing; standards for reviewing application; duties of applicant; powers of Authority.

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

      2.  Except as otherwise provided in subsection 6, the Authority shall grant the certificate or modification 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 the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;

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

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

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

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

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

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

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

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

      5.  The applicant for the certificate or modification:

      (a) Must submit a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

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

      (c) Must pay the amounts billed to the applicant by the Authority for the costs incurred by the Authority in conducting any investigation regarding the applicant and the application.

      6.  The provisions of subsections 2 to 5, inclusive, do not apply to an owner or operator of a charter bus. The Authority shall grant the certificate or modification to an owner or operator of a charter bus that is not a fully regulated carrier if the Authority finds that the owner or operator of the charter bus has complied with the provisions of subsection 1 of NRS 706.463 and any applicable regulations of the Authority.

      7.  The Authority may issue or modify a certificate of public convenience and necessity to operate as a common motor carrier, or issue or modify it for:

      (a) The exercise of the privilege sought.

      (b) The partial exercise of the privilege sought.

      8.  The Authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

      9.  The Authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest 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; 2009, 630; 2013, 82)

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

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

      NRS 706.398  Revocation or suspension of certificate: Failure to file annual report to operate under terms and conditions of certificate or to comply with provisions of chapter or regulations of Authority.  The Authority:

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

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

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

Ê unless the carrier has obtained the prior permission of the Authority.

      2.  May revoke or suspend, pursuant to the provisions of NRS 706.2885, the certificate of public convenience and necessity of a common motor carrier which has failed to comply with any provision of this chapter or any regulation of the Authority adopted pursuant thereto.

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

      NRS 706.411  Order of Authority prima facie lawful from date of order.  Every order refusing or granting any certificates of public convenience and necessity, or granting or refusing permission to discontinue, modify or restrict service is prima facie lawful from the date of the order until changed or modified by the 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  Contract motor carrier must obtain permit from Commission.  It is unlawful for any contract motor carrier to act as such within this State in intrastate commerce without first having obtained a permit therefor.

      (Added to NRS by 1971, 702)

      NRS 706.426  Application for permit: Contents and form.  An application for a permit for a new operation as a contract motor carrier must:

      1.  Be made to the Authority in writing.

      2.  Be in such form and be accompanied by such information as the Authority may require.

      3.  Include a complete set of the fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (Added to NRS by 1971, 702; A 1997, 1942; 2013, 83)

      NRS 706.431  Conditions for issuance or denial of permit; approval of contract entered into after issuance of permit.

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

      (a) The applicant is fit, willing and able properly to perform the service of a contract motor carrier and to conform to all provisions of NRS 706.011 to 706.791, inclusive, and the regulations adopted thereunder; and

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

      2.  If the Authority proceeds with a hearing on an application for a permit, the Authority shall fix a time and place for the hearing.

      3.  The Authority may dispense with the hearing, if any, on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the permit.

      4.  An application must be denied if the provisions of subsection 1 are not met.

      5.  The Authority shall revoke or suspend pursuant to the provisions of this chapter the permit of a contract motor carrier who has failed to file the annual report required in NRS 706.167 within 60 days after the report is due.

      6.  The Authority shall adopt regulations providing for a procedure by which any contract entered into by a contract motor carrier after the contract motor carrier has been issued a permit pursuant to this section may be approved by the Authority without giving notice required by statute or by a regulation of the Authority.

      (Added to NRS by 1971, 702; A 1979, 192; 1985, 1079; 1987, 1355; 1997, 1942; 2009, 632)

      NRS 706.436  Effect of denial of permit.  Any person who has been denied a permit to act as a contract motor carrier after hearing may not file a similar application with the Authority covering the same type of service and over the same route or routes or in the same territory for which the permit was denied except after the expiration of 180 days after the date the permit was denied.

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

Written Approval for Common Carriers of Property

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

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

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

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

      NRS 706.438  Conditions for issuance of written approval.  The Department shall issue its written approval if it finds that the applicant:

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

      2.  Identifies the terminal facilities used to support vehicles which are used to provide services related to intrastate transportation;

      3.  Acknowledges its understanding of the safety requirements applicable to its equipment and operations and agrees to operate in compliance therewith; and

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

      (Added to NRS by 1995, 2609)

      NRS 706.439  Department authorized to issue written approval at time of registration or licensing of carrier’s fleet.

      1.  The Department may issue its written approval in conjunction with the registration or licensing of a carrier’s fleet or equipment or at such time as an application for the written approval is received.

      2.  If the Department receives an application for written approval which is not submitted in conjunction with the registration or licensing of a carrier’s 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  Cancellation of written approval.  The written approval of the Department is effective until the Department cancels its written approval. The Department may cancel its written approval if the carrier to whom the approval is issued:

      1.  Fails to maintain adequate insurance;

      2.  Does not notify the Department of any changes in the location of the carrier’s terminal facilities; or

      3.  Does not comply with any applicable requirements relating 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 or storage of household goods shall comply with the following requirements:

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

      2.  The charges assessed for the service rendered may not exceed the amount in the written estimate, unless the customer requested services in addition to those included in the written estimate and agreed to pay additional charges.

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

      4.  If a person requesting service alleges that any household goods were damaged or lost, the provider of service shall:

      (a) Attempt to resolve the dispute; and

      (b) Identify the provider’s carrier of insurance and explain the procedures to file a claim.

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

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

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

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

      1.  The provisions of NRS 706.442 apply whether or not the person providing the service has received authority to operate from the Authority.

      2.  The Authority shall enforce the provisions of NRS 706.442 and consider complaints regarding violations of the provisions of that section pursuant to the provisions of this chapter. In addition to any other remedies, the Authority may order the release of any household goods that are being held by the provider of service subject to the terms and conditions that the Authority determines to be appropriate 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 available under other law.

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

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

Tow Cars

      NRS 706.445  Limitations on power of Authority to regulate towing services.  The Authority may not regulate the:

      1.  Geographical area in which towing services are provided;

      2.  Types of towing services that are provided; or

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

Ê by an operator of a tow car.

      (Added to NRS by 1997, 2668)

      NRS 706.446  Certain operators of tow cars not required to obtain certificates of public convenience and necessity.  The provisions of this chapter do not require an operator of a tow car who provides towing for a licensed motor club regulated pursuant to chapter 696A of NRS to obtain a certificate of public convenience and necessity or to comply with 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  Requirements for 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 this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

      (a) Obtain a certificate of public convenience and necessity from the Authority before the operator provides any services other than those services which the operator provides as a private motor carrier of property pursuant to the provisions of this chapter;

      (b) Use a tow car of sufficient size and weight which is 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 of public convenience and necessity to operate a tow car must:

      (a) File an application with the Authority; and

      (b) Submit to the Authority a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The Authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:

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

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

      (c) Has provided evidence that the applicant has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

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

      4.  An applicant for a certificate has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 3.

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

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

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

      (Added to NRS by 1995, 1510; A 1995, 1513, 2621; 1997, 1945, 2677, 2683; 1999, 492; 2011, 1402; 2013, 84, 2048, 2158)

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

      1.  An operator of a tow car who is issued a certificate of public convenience and necessity may transfer it to another operator of a tow car qualified pursuant to the provisions of NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer is made to the Authority by the transferor and the transferee, and the Authority has authorized the substitution of the transferee for the transferor. The application must include a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the transferee and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. No transfer of stock of a corporate operator of a tow car subject to the jurisdiction of the Authority is valid without the prior approval of the Authority if the effect of the transfer would be to change the corporate control of the operator of a tow car or if a transfer of 15 percent or more of the common stock of the operator of a tow car is proposed.

      2.  The Authority shall approve an application filed with 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 regulations adopted by the Authority pursuant to those provisions;

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

      (c) Has provided evidence that the transferee has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the transferee has filed with the Authority schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.

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

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

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

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

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

      (Added to NRS by 1997, 2668; A 2013, 84, 2049)

      NRS 706.4465  Operator of tow car required to maintain dispatcher’s log.  The operator shall maintain a dispatcher’s log which shows for each vehicle towed:

      1.  The date and time the call to provide towing was received.

      2.  The name of the person requesting that the vehicle be towed.

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

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

      5.  The date and time the towing was completed.

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

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

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

      1.  Treat original and substituted accessories and equipment of the motor vehicle as part of the vehicle rather than personal property.

      2.  Protect from theft and damage a towed motor vehicle, cargo and personal property which comes into the operator’s possession as the result of a tow.

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

      4.  Establish procedures that allow the owner, or agent of the owner, of a towed motor vehicle access to the vehicle or to obtain the release of the vehicle during those periods in which the operator is not normally open for such transactions.

      5.  Not hold or retain any cargo or personal property which comes into the operator’s possession as the result of towing as security or for any purpose other than compliance with the direction of appropriate law enforcement agencies.

      6.  Afford the owner of the vehicle or the owner’s agent the opportunity to inspect and inventory the vehicle before release to detect damage or theft of property. If damage or theft is detected, the operator shall:

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

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

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

      NRS 706.4468  Operator of tow car required to file charges for preparing or satisfying liens with Authority; conditions for imposing charges.

      1.  Each operator of a tow car shall file its charges for preparing or satisfying a lien to which the operator is entitled against a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle. The Authority:

      (a) May investigate any charge filed pursuant to this subsection and revise the charge as necessary to ensure that the charge is reasonable.

      (b) Shall reduce any charge filed pursuant to this subsection if the Authority determines that the charge is unreasonable because the charge is attributable, in whole or in part, to failure on the part of the operator of the tow car to prepare or satisfy the operator’s lien in a timely manner.

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

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

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

      3.  If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the Authority pursuant to subsection 1 for preparing or satisfying a lien.

      4.  If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the Authority pursuant to subsection 1 for preparing or satisfying a lien in addition to the amount charged pursuant to subsection 3.

      (Added to NRS by 1997, 2669; A 2009, 1305)

      NRS 706.4469  Release of 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 release of 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 the operator for releasing the vehicle.

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

      NRS 706.4473  Operator required to inform owner of towed motor vehicle of right to file complaint with Authority.  The operator shall inform each owner, or agent of the owner, of a towed motor vehicle that the owner or agent may file a complaint with the Authority regarding any violation of the provisions of this chapter.

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

      NRS 706.4475  Operator prohibited from knowingly towing vehicle after another operator already requested.  An operator shall not knowingly tow a vehicle that another operator has previously been requested to tow.

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

      NRS 706.4477  Conditions for person other than owner of motor vehicle or county or city to request towing; payment of costs by owner; exceptions.

      1.  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:

      (a) The person requesting the towing must be the owner of the real property from which the vehicle is towed or an authorized agent of the owner of the real property and must sign a specific request for the towing. For the purposes of this section, the operator is not an authorized agent of the owner of the real property.

      (b) The area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.

      (c) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

      (d) The operator may be directed to terminate the towing by a law enforcement officer.

      2.  If towing is requested by a county or city pursuant to NRS 244.3605 or 268.4122, as applicable:

      (a) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

      (b) The operator may be directed to terminate the towing by a law enforcement officer.

      3.  The registered owner of a motor vehicle towed pursuant to the provisions of subsection 1 or 2:

      (a) Is presumed to have left the motor vehicle on the real property from which the vehicle is towed; and

      (b) Is responsible for the cost of removal and storage of the motor vehicle.

      4.  The registered owner may rebut the presumption in subsection 3 by showing that:

      (a) The registered owner transferred the registered owner’s interest in the motor vehicle:

             (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or

             (2) As indicated by a bill of sale for the vehicle that is signed by the registered owner; or

      (b) The vehicle is stolen, if the registered owner submits evidence that, before the discovery of the vehicle, the registered owner filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

      (Added to NRS by 1995, 1511; A 1995, 1513; 1997, 2683; 2009, 1306; 2013, 1880)

      NRS 706.4479  Duties of 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 of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator of the tow car shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

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

             (1) Of the location where the motor vehicle is being stored;

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

             (3) Of the charge for towing and storage;

             (4) Of the date and time the vehicle was placed in storage;

             (5) Of the actions that the registered and legal owner of the vehicle may take to recover the vehicle while incurring the lowest possible liability in accrued assessments, fees, penalties or other charges; and

             (6) Of the opportunity to rebut the presumptions set forth in NRS 487.220 and 706.4477.

      (b) If the identity of the registered and legal owner is not known or readily available, make every reasonable attempt and use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this State or any other state within:

             (1) Twenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

             (2) Fifteen days after placing any other motor vehicle in storage.

Ê The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than 15 days after identification of the owner is obtained for any motor vehicle.

      2.  If an operator includes in the operator’s tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:

      (a) For more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

      (b) For more than 15 days after placing any other vehicle in storage,

Ê unless the operator complies with the requirements set forth in subsection 1.

      3.  If a motor vehicle that is placed in storage was towed at the request of a law enforcement officer following an accident involving the motor vehicle or after having been stolen and subsequently recovered, the operator shall not:

      (a) Satisfy any lien or impose any administrative fee or processing fee with respect to the motor vehicle for the period ending 4 business days after the date on which the motor vehicle was placed in storage; or

      (b) Impose any fee relating to the auction of the motor vehicle until after the operator complies with the notice requirements set forth in NRS 108.265 to 108.367, inclusive.

      (Added to NRS by 1995, 1511; A 1997 1513; 1997, 2683; 2001, 2637; 2005, 703; 2007, 423; 2009, 1306; 2011, 1403; 2013, 2159)

      NRS 706.44793  Operator required to accept certain forms of payment.  An operator of a tow car shall accept cash, money orders, credit cards, debit cards and any electronic transfer of money as payment for towing services. As used in this section, “electronic transfer of money” has the meaning ascribed to it in NRS 463.01473.

      (Added to NRS by 2013, 2157)

      NRS 706.44797  Operator authorized to enter into contracts with issuers of credit cards and debit cards for acceptance of payment of rates, fares and charges.

      1.  An operator of a tow car may enter into contracts with issuers of credit cards and debit cards to provide for the acceptance of credit cards and debit cards by the operator of a tow car for the payment of rates, fares and charges owed to the operator of a tow car.

      2.  The Authority may, as part of its investigation or review of any rates, fares or charges of a tow car operator that are subject to the approval of the Authority, consider the expenses incurred by the operator of a tow car in accepting payment by a credit card or debit card, including, without limitation:

      (a) Costs of required equipment and its installation;

      (b) Administrative costs of processing credit card or debit card transactions; and

      (c) Fees paid to issuers of credit cards or debit cards.

      3.  An operator of a tow car may offer a discount to a customer for payment in cash of any rate, fare or charge.

      4.  As used in this section, “issuer” means a business organization, financial institution or a duly authorized agency of a business organization or financial institution which:

      (a) Issues a credit card or debit card; or

      (b) Enters into a contract with an operator of a tow car or other person to enable or facilitate the acceptance of a credit card or debit card.

      (Added to NRS by 2013, 2157)

      NRS 706.4481  Conditions for insurer to obtain possession of motor vehicle towed at request of person other than owner; Commissioner of Insurance to establish standard consent form; immunity of operator from civil or criminal liability.

      1.  If a motor vehicle is towed at the request of someone other than the owner or an authorized agent of the owner, an insurer may obtain possession of the motor vehicle from the operator of the tow car if the insurer:

      (a) Obtains the consent of the owner or authorized agent of the owner pursuant to NRS 690B.037; and

      (b) Provides to the operator of the tow car a consent form which satisfies the requirements of subsection 2.

      2.  The Commissioner of Insurance shall, by regulation, establish a standard consent form for the purposes of this section, which must include, without limitation:

      (a) The name of the owner of the motor vehicle or the authorized agent of the owner from whom the insurer obtained consent pursuant to NRS 690B.037;

      (b) The name of the insurer or his or her agent who obtained the consent of the owner or the authorized agent of the owner pursuant to NRS 690B.037 and the date on which the consent was obtained;

      (c) A statement that the insurer obtained the consent of the owner or the authorized agent of the owner pursuant to NRS 690B.037;

      (d) The policy number of the policy of motor vehicle insurance applicable to the motor vehicle;

      (e) The vehicle identification number of the motor vehicle;

      (f) The model year and make of the motor vehicle;

      (g) A statement that the insurer will indemnify the operator of the tow car for any liability relating to the release of the motor vehicle to the insurer; and

      (h) Any other information required by the Commissioner of Insurance.

      3.  An operator of a tow car is not liable in any civil or criminal action for any act related to the release of a motor vehicle to an insurer pursuant to a consent form provided to the operator of the tow car by an insurer pursuant to subsection 1.

      (Added to NRS by 2011, 1400)

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

      1.  The Authority shall act upon complaints regarding the 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 be available to the Authority to act upon complaints, the Authority may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the Authority determines to be appropriate.

      (Added to NRS by 1995, 1512; A 1995, 1513; 1997, 1946, 2678, 2683; 1999, 492; 2011, 1404; 2013, 2050, 2160)

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

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

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

      (b) Complies with all applicable provisions of this chapter and chapters 482 and 484A to 484E, inclusive, of NRS.

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

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

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

      (f) Except as otherwise provided in NRS 706.4489, assesses only rates and charges that have been approved by the Authority for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.

      2.  The Authority shall not require that an operator of a tow car charge the same rate to law enforcement agencies for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that the operator charges to other persons for such services.

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

      (Added to NRS by 1995, 1512; A 1995, 1513; 1997, 1946, 2678, 2683; 1999, 492, 1331; 2013, 2050)

      NRS 706.4487  Legislative declaration concerning designation of vehicle storage lots by insurance companies.  The Legislature hereby finds and declares that:

      1.  Towing a vehicle, either after an accident or after the vehicle is stolen and subsequently recovered, to a vehicle storage lot designated by the insurer of the vehicle will result in the placement of vehicle storage lots in more locations, as insurance companies will designate as many vehicle storage lots as are necessary to provide coverage throughout the county, thus enhancing safety by limiting both the time and distance that a tow car is traveling with a towed vehicle.

      2.  Authorizing insurance companies to designate vehicle storage lots will enhance safety by ensuring that the vehicles towed thereto are stored in locations which:

      (a) Guarantee safe access to the vehicles by their owners; and

      (b) Protect the property of the owners of the vehicles, including, without limitation, the vehicles themselves.

      3.  The provisions of NRS 706.4489 constitute an exercise of the safety regulatory authority of this State with respect to motor vehicles.

      (Added to NRS by 2013, 2043)

      NRS 706.4489  Insurance companies authorized to designate vehicle storage lots in certain larger counties to which certain vehicles are towed at request of law enforcement; indemnification of law enforcement; responsibilities of designated vehicle storage lot; certain rates and charges prohibited; approval of Authority required.

      1.  An insurance company may designate one or more vehicle storage lots to which all vehicles that are towed at the request of a law enforcement officer:

      (a) Following an accident; or

      (b) Following recovery after having been stolen,

Ê and which are insured by that insurance company must be towed pursuant to subsection 2. The designation of a vehicle storage lot must be provided in writing by the insurance company, its representative or the owner or operator of the vehicle storage lot to all providers of towing services that have obtained a certificate of public convenience and necessity and operate in the same geographical area in which the designated vehicle storage lot is situated.

      2.  If a law enforcement officer requests that an operator of a tow car tow a vehicle following an accident or following recovery after having been stolen and the vehicle is not otherwise subject to impoundment, the law enforcement officer shall make a good faith effort to determine the identity of the insurance company that provides coverage for the owner of the vehicle. If the law enforcement officer determines the identity of the insurance company, he or she shall inform the operator of the tow car of the identity of the insurance company. If the operator of the tow car:

      (a) Is informed by a law enforcement officer of the identity of the insurance company that provides coverage for the owner of the vehicle; or

      (b) Otherwise determines the identity of the insurance company that provides coverage for the owner of the vehicle,

Ê and the insurance company has designated a vehicle storage lot pursuant to subsection 1, the operator of the tow car shall tow the vehicle to the designated vehicle storage lot unless the owner of the vehicle or a representative of the insurance company has directed otherwise.

      3.  If an operator of a tow car fails to tow a vehicle to the designated vehicle storage lot pursuant to subsection 2, the operator of the tow car shall:

      (a) Forfeit the charge for towing and storage of the vehicle; and

      (b) Tow the vehicle free of charge to the vehicle storage lot designated by the insurance company or its representative not later than 24 hours after receiving a demand, which must be made in writing or by electronic mail, from the insurance company or its representative.

      4.  The owners of a vehicle storage lot designated by an insurance company pursuant to subsection 1 shall agree in writing to indemnify the relevant law enforcement agencies and their officers, employees, agents and representatives from any liability relating to the towing of a vehicle insured by the designating insurance company and to the storing of the vehicle at the vehicle storage lot if the law enforcement officer who requested the towing of the vehicle made a good faith effort to comply with the provisions of subsection 2.

      5.  A vehicle storage lot must:

      (a) Maintain adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed to the vehicle storage lot;

      (b) Comply with all standards a law enforcement agency may adopt pursuant to NRS 706.4485 to protect the health, safety and welfare of the public;

      (c) Comply with all local laws and ordinances applicable to that business, including, without limitation, local laws and ordinances relating to business licenses, zoning, building and fire codes, parking, paving, lights and security; and

      (d) If the vehicle storage lot is a salvage pool as that term is defined in NRS 487.400, comply with all applicable requirements imposed pursuant to NRS 487.400 to 487.510, inclusive.

      6.  If a vehicle storage lot has rates and charges that have been approved by the Authority for the storage of a vehicle, the vehicle storage lot is not required to assess those rates and charges for the storage of a vehicle that is towed to the vehicle storage lot in accordance with this section, but may not assess a rate or charge in excess of those approved rates and charges. If a vehicle storage lot does not have rates and charges that have been approved by the Authority, it may not assess a rate or charge in excess of the rates and charges for the storage of a vehicle that have been approved by the law enforcement agency that requested the tow. If the requesting law enforcement agency does not have approved rates and charges, the vehicle storage lot may not assess a rate or charge in excess of the rates and charges for the storage of a vehicle that have been approved by the largest law enforcement agency in the county. An operator of a tow car who tows a vehicle to a vehicle storage lot pursuant to this section:

      (a) Shall assess the rates and charges approved by the Authority for towing the vehicle.

      (b) Is entitled to payment from the operator of the vehicle storage lot at the time the vehicle is towed to the vehicle storage lot.

      7.  Before designating a vehicle storage lot pursuant to subsection 1, an insurance company must obtain the approval of the Authority. The Authority shall approve the designation if the Authority determines that the vehicle storage lot has:

      (a) Executed an indemnification agreement that meets the requirements of subsection 4;

      (b) Satisfied the requirements of subsection 5; and

      (c) Otherwise satisfied the requirements of this section.

      8.  The provisions of this section apply only to a county whose population is 700,000 or more.

      9.  As used in this section:

      (a) “Boat” means any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

      (b) “Vehicle” has the meaning ascribed to it in NRS 706.146 and includes all terrain vehicles and boats.

      (c) “Vehicle storage lot” means a business which, for a fee, stores vehicles that are towed at the request of a law enforcement officer following an accident or following recovery after having been stolen and includes, without limitation, a salvage pool, as that term is defined in NRS 487.400, which operates a vehicle storage lot in accordance with the provisions of this section. The term does not include a salvage pool that has not elected to operate a vehicle storage lot in accordance with the provisions of this section and is operating within the scope of its authority pursuant to NRS 487.400 to 487.510, inclusive.

      (Added to NRS by 2013, 2044)

      NRS 706.449  Administrative fine for failure to pay charge for cleaning roadway after accident.  The Authority may impose an administrative fine pursuant to subsection 2 of NRS 706.771 on the owner or operator of a tow car who fails to pay in a timely manner any charge required to be paid by subsection 2 of NRS 484D.470.

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

      NRS 706.451  Annual fee; penalty and interest.

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

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

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

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

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

      NRS 706.453  Exemption of certain automobile wreckers.  The provisions of NRS 706.445 to 706.451, inclusive, do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.

      (Added to NRS by 1987, 1605; A 1991, 247; 1995, 1513; 1997, 2678; 2013, 2160)

Subpoenas; Orders to Cease and Desist

      NRS 706.457  Authority may subpoena certain persons who have not obtained certificate of public convenience and necessity or permit.  The Authority may by subpoena require any person believed by it to be subject to any of the provisions of NRS 706.011 to 706.791, inclusive, who has not obtained a required certificate of public convenience and necessity or a required permit issued in accordance with those sections, to appear before it with all of the person’s relevant books, papers and records and to testify concerning the scope, nature and conduct of the person’s business.

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

      NRS 706.458  Enforcement of subpoena.

      1.  The district court in and for the county in which any investigation or hearing is being conducted by the Authority pursuant to the provisions of this chapter may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Authority.

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

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

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

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

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers.

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

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

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

      1.  A complaint has been filed with the Authority alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier’s 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 in intrastate commerce; or

             (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or permit in each advertisement; or

      (b) Provision of NRS 706.011 to 706.791, inclusive, is being violated,

Ê the Authority shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive. The Authority shall enforce compliance with the order pursuant to the powers vested in the Authority 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)

Drivers’ Permits for Drivers of Certain Motor Carriers

      NRS 706.462  Issuance and renewal; application requirements; fees. [Effective January 1, 2014.]

      1.  A person shall not drive a charter bus for the purposes of charter bus transportation, a motor vehicle for a fully regulated carrier of passengers or a taxicab motor carrier as an employee, independent contractor or lessee unless the person has been issued a driver’s permit by the Authority pursuant to this section.

      2.  The Authority shall issue a driver’s permit to each applicant who satisfies the requirements of this section. Before issuing a driver’s permit, the Authority shall:

      (a) Require the applicant to submit a complete set of his or her fingerprints, which the Authority shall forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and may further investigate the applicant’s background; and

      (b) Require proof that the applicant is employed or under a contract or lease agreement or has an offer of employment, a contract or a lease agreement that is contingent on the applicant obtaining a driver’s permit pursuant to this section and:

             (1) Has a valid license issued pursuant to NRS 483.340 which authorizes the applicant to drive in this State any motor vehicle that is within the scope of the employment, contract or lease; or

             (2) If the driver is a resident of a state other than Nevada, has a valid license issued by the state in which he or she resides which authorizes the applicant to drive any motor vehicle that is within the scope of the employment, contract or lease.

      3.  The Authority may refuse to issue a driver’s permit if:

      (a) The applicant has been convicted of:

             (1) A felony, other than a sexual offense, in this State or any other jurisdiction within the 5 years immediately preceding the date of the application;

             (2) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application; or

             (3) A violation of NRS 484C.110 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within the 3 years immediately preceding the date of the application.

      (b) After further investigation into the applicant’s background, if any, the Authority determines that the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

      4.  A driver’s permit issued pursuant to this section is valid for not longer than 3 years, but lapses if the driver ceases to be employed by the carrier identified in the application for the original or renewal permit or if the contract or lease expires and the driver enters into a contract or lease with a different carrier. A driver must notify the Authority within 10 days after the lapse of a permit and obtain a new permit pursuant to this section before driving for a different carrier.

      5.  An applicant shall pay to the Authority:

      (a) A fee for the processing of fingerprints which is to be established by the Authority and which may not exceed the fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (b) For an original driver’s permit, a fee not to exceed $50.

      (c) For the renewal of a driver’s permit, a fee not to exceed $50.

      6.  As used in this section, “charter bus transportation” means transportation by bus of a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. The term does not include:

      (a) The transportation of passengers and their baggage in the same vehicle for a per capita charge between airports or between an airport and points and places in this State;

      (b) The transportation at a per capita or an hourly rate of passengers to various points of interest for the purpose of sightseeing or visiting those points of interest where a narrated tour is presented to the passengers; or

      (c) The transportation of persons who have acquired the use of a vehicle for a special event between definite points of origin and destination, at a per capita rate.

      (Added to NRS by 2013, 2177, effective January 1, 2014)

      NRS 706.4622  Statement by applicant concerning payment of child support; grounds for denial of permit; duty of Authority. [Effective January 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a driver’s permit pursuant to NRS 706.462 shall:

      (a) Include the social security number of the applicant in the application submitted to the Authority.

      (b) Submit to the Authority the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Authority shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the driver’s permit; or

      (b) A separate form prescribed by the Authority.

      3.  A driver’s permit may not be issued or renewed by the Authority if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Authority shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2013, 2178, effective January 1, 2014)

      NRS 706.4624  Suspension of permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of permit. [Effective January 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Authority receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a driver’s permit, the Authority shall deem the driver’s permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Authority receives a letter issued to the holder of the driver’s permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the driver’s permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Authority shall reinstate a driver’s permit that has been suspended by a district court pursuant to NRS 425.540 if the Authority receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose driver’s permit was suspended stating that the person whose driver’s permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 2013, 2179, effective January 1, 2014)

Charter Buses

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

      1.  Comply with the provisions of this chapter and any regulations adopted by the Authority pursuant to this chapter relating to safety;

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

      3.  Submit a complete set of the fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the owner or operator and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      4.  Not later than 5 days before beginning operation in this State, submit to the Authority a copy of its schedule or tariff setting forth the rates established by the owner or operator. If the owner or operator intends to make any changes to its schedule or tariff, the owner or operator shall submit an updated copy of the schedule or tariff to the Authority not later than 5 days before the date on which those changes are to become effective. Notwithstanding any provision of this chapter to the contrary, schedules and tariffs submitted by the owner or operator to the Authority pursuant to this section, and the rates set forth in those schedules and tariffs, are not subject to hearing or approval by the Authority.

      (Added to NRS by 2005, 942; A 2013, 85)

Limousines

      NRS 706.465  Annual fee; technology fee; penalty and interest.

      1.  An operator of a limousine shall, beginning on July 1, 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 to operate.

      2.  An operator of a limousine shall:

      (a) Charge and collect a technology fee in an amount set by the Authority for each compensable trip by a limousine that the Authority has authorized the operator to operate, if a computerized real-time data system is used for the purposes set forth in NRS 706.165; and

      (b) Remit to the Authority, not later than the 10th day of each month, all technology fees collected by the operator pursuant to this subsection for the immediately preceding month.

Ê The fee charged pursuant to this subsection may only be charged within a county whose population is 700,000 or more, and may be included in the operator’s tariff.

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

      4.  As used in this section:

      (a) “Computerized real-time data system” means the computerized real-time data system implemented by the Authority pursuant to subsection 3 of NRS 706.1516.

      (b) “Limousine” includes:

             (1) A livery limousine; and

             (2) A traditional limousine.

      (Added to NRS by 2003, 3207; A 2013, 2535)

Taxicab Motor Carriers

      NRS 706.471  Annual fee; technology fee; penalty and interest.

      1.  Each taxicab motor carrier shall, before commencing the operation defined in NRS 706.126 and annually thereafter, pay to the Authority for each taxicab which it operates, including each taxicab it leases pursuant to NRS 706.473, an annual fee of not more than $75 as determined by a regulation of the Authority.

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

      3.  The annual fee must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year in which operation is begun.

      4.  In addition to the annual fee provided in subsection 1, each taxicab motor carrier shall:

      (a) Charge and collect a technology fee in an amount set by the Authority for each compensable trip by a taxicab which it operates, including each taxicab it leases pursuant to NRS 706.473; and

      (b) Remit to the Authority, not later than the 10th day of each month, all fees collected by the operator pursuant to this subsection for the immediately preceding month.

Ê The fee charged pursuant to this subsection may only be charged within a county whose population is 700,000 or more, and may be added to the passenger fare charged as indicated on the taximeter.

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

      (Added to NRS by 1971, 702; A 1973, 1839; 1987, 896; 1993, 2650; 1997, 1948; 2013, 2536)

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

      1.  In a county whose population is less than 700,000, a person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business may, upon approval from the Authority, lease a taxicab to an independent contractor who does not hold a certificate of public convenience and necessity. A person may lease only one taxicab to each independent contractor with whom the person enters into a lease agreement. The taxicab may be used only in a manner authorized by the lessor’s certificate of public convenience and necessity.

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

      3.  A person who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.

      4.  The Authority or any of its employees may intervene in a civil action involving a lease agreement entered into pursuant to this section.

      (Added to NRS by 1993, 2649; A 1997, 1948; 2011, 1312)

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

      1.  The Authority shall adopt such regulations as are necessary 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 independent contractor;

      (b) Requirements related to liability insurance;

      (c) Minimum safety standards; and

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

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

      NRS 706.4755  Posting of sign concerning assault or battery on driver.

      1.  Each taxicab motor carrier shall post at least one sign which meets the requirements of this section inside each taxicab that he or she operates in a location conspicuous to the passengers of the taxicab.

      2.  Each sign required by subsection 1 must contain a notice in at least 16-point bold type that is easy to read and is in substantially the following form:

 

WARNING

ASSAULT UPON A TAXICAB DRIVER IS PUNISHABLE BY UP TO 6 YEARS IN PRISON. BATTERY UPON A TAXICAB DRIVER IS PUNISHABLE BY UP TO 15 YEARS IN PRISON.

 

      (Added to NRS by 2013, 1036)

      NRS 706.4757  Blood, breath or urine test on employee or lessee for presence of alcohol or controlled substance; regulations.

      1.  Except as otherwise provided in this section, if a taxicab motor carrier requires an employee or lessee to submit to a test for the presence of alcohol or a controlled substance in his or her blood, breath or urine and the employee or lessee tests positive for the presence of alcohol or a controlled substance in his or her blood, breath or urine, the taxicab motor carrier shall:

      (a) Maintain a record of the results of the test;

      (b) Provide to the Authority a record of the results of the test; and

      (c) Release a record of the results of the test to another taxicab motor carrier upon request.

      2.  For the purposes of this section, a record of the results of a test administered as described in subsection 1:

      (a) Must indicate only that the results of the test were positive or negative; and

      (b) Must not be maintained by a taxicab motor carrier or the Authority for a period of more than 1 year.

      3.  The Authority may adopt regulations to carry out its duties pursuant to this section.

      (Added to NRS by 2013, 2004)

Impoundment of Certain Vehicles

      NRS 706.476  Impoundment by Authority of certain vehicles in unauthorized use; notice and hearing; administrative fine.  Except as otherwise provided in NRS 706.478:

      1.  A vehicle used as a taxicab, limousine or other passenger vehicle in passenger service or to provide towing services or the transportation of household goods must be impounded by the Authority if a certificate of public convenience and necessity is required to be issued to authorize its operation but has not been issued to authorize its operation. A hearing must be held by the Authority no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the Authority shall notify the registered owner of the vehicle:

      (a) That the registered owner of the vehicle may post a bond in the amount of $20,000 to ensure the registered owner’s presence at all proceedings held pursuant to this section;

      (b) Of the time set for the hearing; and

      (c) Of the registered owner’s right to be represented by counsel during all phases of the proceedings.

      2.  The Authority shall hold the vehicle until the registered owner of the vehicle appears and:

      (a) Posts a bond in the amount of $20,000 with the Authority; or

      (b) Proves that:

             (1) The person is the registered owner of the vehicle;

             (2) The person holds a valid certificate of public convenience and necessity, if required; and

             (3) The vehicle meets all required standards of the Authority.

Ê The Authority shall return the vehicle to its registered owner when the owner meets the requirements of paragraph (a) or (b) and pays all costs of impoundment.

      3.  If the registered owner is unable to meet the requirements of subparagraph (2) or (3) of paragraph (b) of subsection 2, the Authority may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of the registered owner’s vehicle pursuant to this section is $10,000. The Authority shall return the vehicle after any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.

      (Added to NRS by 1997, 1929; A 1999, 1962; 2009, 24, 632)

      NRS 706.478  Short-term lessor not liable for fine or penalty related to impoundment of certain vehicles in unauthorized use 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 the registered owner of a vehicle which is impounded pursuant to NRS 706.476 is a short-term lessor licensed pursuant to NRS 482.363 who is engaged in the business of renting or leasing vehicles in accordance with NRS 482.295 to 482.3159, inclusive, the registered owner is not liable for any administrative fine or other penalty that may be imposed by the Authority for the operation of a passenger vehicle in violation of NRS 706.011 to 706.791, inclusive, if at the time that the vehicle was impounded, the vehicle was in the care, custody or control of a lessee.

      2.  A short-term lessor may establish that a vehicle was subject to the care, custody or control of a lessee at the time that the vehicle was impounded pursuant to NRS 706.476 by submitting to the Authority a true copy of the lease or rental agreement pursuant to which the vehicle was leased or rented to the lessee by the short-term lessor. The submission of a true copy of a lease or rental agreement is prima facie evidence that the vehicle was in the care, custody or control of the lessee.

      3.  Upon the receipt of a true copy of a written lease or rental agreement pursuant to subsection 2 which evidences that the vehicle impounded by the Authority pursuant to NRS 706.476 was under the care, custody or control of a lessee and not the registered owner of the vehicle, the Authority shall release the vehicle to the short-term lessor.

      4.  As used in this section, “short-term lessor” has the meaning ascribed to it in NRS 482.053.

      (Added to NRS by 1999, 1962)

Licenses and Fees

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

      1.  For the purposes of this chapter, the operator of a vehicle which comes within the provisions of this chapter, whether as a single vehicle 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 jointly and severally liable for any fees, taxes, penalties or interest owed to the State under the provisions of this chapter.

      (Added to NRS by 1971, 703)

      NRS 706.491  Motor carrier must be licensed.  Every person operating as a common, contract or private motor carrier must, before commencing operation in this State in any calendar year, secure from the Department 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 706.495  Medical examiner’s certificate; issuance; renewal; health requirement. [Effective January 1, 2014.]

      1.  Before applying to a taxicab motor carrier for employment or a contract or lease as a driver of a taxicab, a person must obtain a medical examiner’s certificate with two copies thereof from a medical examiner who is licensed to practice in the State of Nevada. The prospective driver must provide a copy of the certificate to the taxicab motor carrier.

      2.  A medical examiner shall issue the certificate and copies described in subsection 1 if the medical examiner finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.

      3.  The certificate described in subsection 1 must state that the medical examiner has examined the prospective driver and has found that the prospective driver meets the health requirements described in subsection 2. The certificate must be signed and dated by the medical examiner.

      4.  The medical examiner’s certificate required by this section expires 2 years after the date of issuance and may be renewed.

      5.  As used in this section, “medical examiner” means a physician, as defined in NRS 0.040, or a chiropractic physician licensed pursuant to chapter 634 of NRS.

      (Added to NRS by 2013, 656, effective January 1, 2014)

      NRS 706.521  Temporary permit for certain motor vehicles; fee.

      1.  Any person has the option, in lieu of causing a commercial motor vehicle as defined in 49 C.F.R. § 350.105 which has a gross vehicle weight rating or combined gross vehicle weight rating in excess of 10,000 pounds to be licensed pursuant to the provisions of NRS 482.482 or 706.841, of purchasing a temporary permit and paying a fee of $5 plus 15 cents for each mile the Department estimates the vehicle will travel within the State of Nevada during the effective period of the temporary permit.

      2.  Except as otherwise provided in subsection 3, a temporary permit authorizes operation over the highways of this State from point of entry to point of exit for not more than 24 consecutive hours.

      3.  The Department may issue to the owner or operator of a common motor carrier of passengers a temporary permit which authorizes operation for not more than 120 consecutive hours.

      4.  If a person is issued a temporary permit pursuant to the provisions of this section, the Department shall credit the cost of that permit against the cost of any license subsequently issued to that person pursuant to the provisions of either NRS 482.482 or 706.841 whose effective dates include the effective dates of the temporary permit, or if that license fee has been satisfied, against any fee owed to the Department pursuant to the provisions 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; 2009, 468)

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

      1.  The Department of Transportation shall approve an application for a permit pursuant to the provisions of subsection 5 of NRS 484D.615. The permit must be carried and displayed in such a manner as the Department determines on every combination so operating. The permit issued may be transferred from one combination to another, under such conditions as the Department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the Department. The permit may be used only on motor vehicles regularly licensed pursuant to the provisions of NRS 482.482.

      2.  The annual fee for each permit for a combination of vehicles is $60 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each registration cycle rounded to the nearest dollar, but must not be less than $50. The annual fee for each permit for a combination of vehicles not exceeding 80,000 pounds is $10. The fee required pursuant to this subsection is in addition to all other fees required by the provisions of this chapter. The Department of Transportation shall adopt regulations establishing registration cycles for permits issued pursuant to this section and establishing procedures for assigning a person applying for a permit pursuant to this section to a particular registration cycle.

      3.  Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2 who is apprehended operating a combination in excess of the gross weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.

      4.  Any person apprehended operating a combination of vehicles without having complied with the provisions of this section and NRS 484D.615 is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due pursuant to the provisions of subsection 2 for the balance of the registration cycle for the gross load being carried at the time of apprehension.

      5.  The holder of an original permit may, upon surrendering the permit to the Department or upon delivering to the Department a signed and notarized statement that the permit was lost or stolen and such other documentation as the Department may require, apply to the Department:

      (a) For a refund of an amount equal to that portion of the fees paid for the permit that is attributable, on a pro rata monthly basis, to the remainder of the registration cycle; or

      (b) To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of 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; 2011, 1666)

      NRS 706.541  Purchase of temporary permit required before entering State.  Any person who elects to purchase a temporary permit pursuant to NRS 706.521 in lieu of causing a vehicle to be licensed pursuant to the provisions of NRS 482.482 or 706.841 shall secure a permit from a vendor authorized to issue those permits pursuant to NRS 481.051 before entering this State.

      (Added to NRS by 1971, 707; A 1973, 696; 1987, 610; 1989, 1412; 1995, 316; 1999, 401; 2009, 468)

      NRS 706.546  Charge for credit allowed against subsequent fees.  Where credit is allowed against any subsequent fee for a permit paid pursuant to the provisions of NRS 706.521, there is a nonrefundable charge of $5.

      (Added to NRS by 1971, 708; A 1987, 610; 1989, 1412; 1995, 316)

      NRS 706.561  Temporary waiver of fees in emergency.  The Department may temporarily waive any fee imposed upon a motor carrier when an emergency exists requiring expeditious transportation. As used in this section, “emergency” means a condition requiring action to prevent, minimize or repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes.

      (Added to NRS by 1971, 708; A 1981, 1052)

      NRS 706.566  Civil action for collection of unpaid fees.  The Department may, in its discretion, where a fee or other amount provided for in NRS 706.011 to 706.861, inclusive, remains unpaid for more than 15 days and the person liable for it neglects or refuses to pay it for any reason, direct that a civil action be commenced by the Attorney General in a court of competent jurisdiction in the proper county for the recovery of the fee or other amount.

      (Added to NRS by 1971, 708; A 1979, 201)

      NRS 706.571  Procedure for refund of fee, penalty or interest.

      1.  If through clerical error the Department collects or receives any fee, penalty or interest imposed pursuant to the provisions of NRS 706.011 to 706.861, inclusive, the fee, penalty or interest must be refunded or credited to the person paying it. Notification stating the specific grounds therefor must be made within 36 months after the date of payment, whether the fee, penalty or interest was paid voluntarily or under protest.

      2.  Refunds pursuant to the provisions of this section may only be made for errors such as mistakes in computation, double payments and similar clerical or ministerial errors. A request for the refund of a fee based upon the constitutionality or interpretation of a statute must be made pursuant 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 time prescribed.

      4.  Any amount determined to be refundable by the Department must be refunded or credited to any amounts then due from the person to whom the refund is due. A refund must not be made for an amount less than $5. A credit must be retained until the amount reaches at least $5, at which time it must be refunded.

      5.  All amounts refunded pursuant to the provisions of this chapter must be paid from the Motor Vehicle Fund on claims presented by the Department, approved by the State Board of Examiners, and paid as other claims 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  Injunction or other process to prevent collection of fees prohibited; action to recover amount paid under protest.

      1.  No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this State or any officer thereof to prevent or enjoin the collection under NRS 706.011 to 706.861, inclusive, of any fee or other amount required to be collected.

      2.  After payment of any such fee or other amount under protest, duly verified and setting forth the grounds of objection to the legality thereof, filed with the Department at the time of payment of the fee or other amount protested, the person making the payment may bring an action against the State Treasurer in the district court in and for Carson City for the recovery of the amount so paid under protest.

      (Added to NRS by 1971, 709)

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

      1.  No action authorized by NRS 706.576 may be instituted more than 90 days after payment under protest has been made. Failure to bring suit within the 90 days constitutes a waiver of any and all demands against the State on account of alleged overpayments.

      2.  No grounds for refund may be considered by the court other than those set forth in the protest filed at the time of such payment.

      (Added to NRS by 1971, 709)

      NRS 706.586  Judgment for plaintiff: Disposition of amount; interest.

      1.  If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any fee or other amount due from the plaintiff under NRS 706.011 to 706.861, inclusive, and the balance of the judgment shall be refunded to the plaintiff.

      2.  On any such judgment, interest shall be allowed at the rate of 6 percent per annum upon the amount ordered to be refunded, from the date of payment of such amount to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warrant by not more than 30 days, such date to be determined by the Department.

      (Added to NRS by 1971, 709)

      NRS 706.591  Issuance of writ of attachment; bond or affidavit not required.  In any action commenced under NRS 706.566, a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment shall be required.

      (Added to NRS by 1971, 709)

      NRS 706.596  Evidentiary effect of verified claim of Department.  In any action under NRS 706.566, a verified claim by the Department showing the delinquency shall be prima facie evidence of the amount of such obligation, of such delinquency, and of compliance by the Department with all provisions of this chapter relating to such obligation.

      (Added to NRS by 1971, 709)

      NRS 706.601  Delinquent fees, interest and penalties constitute lien against motor vehicle; time of attachment of lien; Department to notify registered owner before seizure and sale of vehicle; hearing.  Except as otherwise provided in NRS 706.611:

      1.  The delinquent fees, interest and penalties constitute a lien upon and have the effect of an execution duly levied against any vehicle owned or being purchased by the licensee for the operation of which fees or other obligations are due pursuant to the provisions of NRS 482.482 or 706.011 to 706.861, inclusive. The lien attaches at the time the vehicle is operated in this State with fees or other obligations delinquent.

      2.  In accordance with the provisions of subsections 3 and 4, the Department may seize and sell any vehicle subject to a lien pursuant to the provisions of subsection 1.

      3.  The Department shall, not less than 10 days before the seizure of a vehicle, give to the registered owner of the vehicle, the legal owner of the vehicle and to every other person known to be claiming an interest in the vehicle, notice of the lien and of its intent to seize and sell the vehicle. The notice shall be deemed effective if sent by certified mail addressed to the person at the person’s address as it appears on the records of the Department.

      4.  Any person who receives notice of the lien may request a hearing to contest the existence or amount of the lien. If a hearing is not requested within 10 days after the effective date of the notice, the Department may seize and sell the vehicle.

      (Added to NRS by 1971, 709; A 1989, 1412; 1993, 1987)

      NRS 706.606  Duration of lien.  The lien shall not be removed until the fees or other amounts are paid or the vehicle subject to the lien is sold in payment of the fees or other amounts.

      (Added to NRS by 1971, 709)

      NRS 706.611  Priority of lien.  The lien is paramount to all private liens or encumbrances of whatever character upon the vehicle and to the rights of 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 any vehicle which was transferred in good faith to a bona fide transferee before physical possession of the vehicle was taken by the State of Nevada pursuant to the lien.

      2.  The lien shall be subordinate to any lien of indebtedness secured by a security agreement which existed against a vehicle prior to the time when the lien provided by NRS 706.601 attached to such vehicle if:

      (a) Such indebtedness was incurred in good faith to secure a portion of the purchase price of such vehicle;

      (b) Such indebtedness is secured by a security agreement perfected as required by law; and

      (c) Such security agreement, whether providing for a purchase money security interest or otherwise, was not given, directly or indirectly, to any officer or stockholder of a corporation having the lawful use or control of such vehicle.

      3.  Notwithstanding the provisions of subsection 2, the lien provided by NRS 706.601 shall be enforceable as to any equity which may remain in a vehicle subject to such lien after the encumbrance of any security interest has been removed by repossession and sale of such vehicle by the secured party, but no such sale, either public or private, may be had unless such secured party has served, by registered or certified mail, at least 5 days prior to the date set for sale, notice upon the Director of the Department of the time and place of such sale. The Department shall notify the secured party, if the name of the secured party is known to the Department, at the time the lien attaches to any vehicle, or as soon thereafter as the Department learns that the lien has attached.

      (Added to NRS by 1971, 709)

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

      1.  If the ownership of a vehicle subject to the lien provided for by NRS 706.601 is transferred, whether by operation of law or otherwise, no certificate of registration or certificate of title with respect to such vehicle may be issued by the Department to the transferee or person otherwise entitled thereto until the Department has issued a certificate that such lien has been removed.

      2.  No license issued under chapter 706 of NRS with respect to a vehicle which becomes subject to the lien provided for by NRS 706.601 may be transferred until the Department has issued a certificate that the lien has been removed.

      (Added to NRS by 1971, 710; A 2003, 479)

      NRS 706.621  Notice by 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 any fee or other amount imposed under NRS 706.011 to 706.861, inclusive, the Department may give notice of the amount of such delinquency by registered or certified mail to all persons having in their possession or under their control any credits or other personal property belonging to such licensee, or owing any debts to such licensee at the time of the receipt by them of such notice. Thereafter any person so notified shall neither transfer nor make other disposition of such credits, personal property or debts until the Department has consented to a transfer or disposition, or until 20 days have elapsed from and after the receipt of such notice.

      2.  All persons so notified shall, within 5 days after the receipt of such notice, advise the Department of any such credits, personal property or debts in their possession, under their control or owing by them, as the case may be.

      (Added to NRS by 1971, 710)

      NRS 706.626  Revocation or denial of license: Notice and hearing.

      1.  For reasonable cause the Department may revoke any license issued pursuant to this chapter or refuse to issue any license provided for in this chapter.

      2.  Before revoking a license, the Department shall send a notice by registered or certified mail to the licensee at the licensee’s last known address ordering the licensee to appear before the Department at a time not less than 10 days after the mailing of such notice and show cause why the license should not be revoked.

      (Added to NRS by 1971, 711)

      NRS 706.631  Remedies of State cumulative; election of remedies.  The remedies of the State provided for in NRS 706.011 to 706.861, inclusive, are cumulative, and no action taken by the Department or Authority may be construed to be an election on the part of the State or any of its officers to pursue any remedy under NRS 706.011 to 706.861, inclusive, to the exclusion of any other remedy for which provision is made in NRS 706.011 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 than operators of tow cars.

      1.  All motor carriers, other than operators of tow cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, to whom the certificates, permits and licenses provided by NRS 706.011 to 706.791, inclusive, have been issued may transfer 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 is valid for any purpose until a joint application to make the transfer has been made to the Authority by the transferor and the transferee, and the Authority has authorized the substitution of the transferee for the transferor. The application must include a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the transferee and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. No transfer of stock of a corporate motor carrier subject to the jurisdiction of the Authority is valid without the prior approval of the Authority if the effect of the transfer would be to change the corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.

      2.  Except as otherwise provided in subsection 3, the Authority shall fix a time and place for a hearing to be held unless the application is made to transfer the certificate from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners, and may hold a hearing to consider such an application.

      3.  The Authority may also dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.

      4.  In determining whether or not the transfer of a certificate of public convenience and necessity or a permit to act as a contract motor carrier should be authorized, the Authority shall consider:

      (a) The service which has been performed by the transferor and that which may be performed by the transferee.

      (b) Other authorized facilities for transportation in the territory for which the transfer is sought.

      (c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract motor carrier by vehicle and whether or not the proposed operation would be consistent with the legislative policy set forth in NRS 706.151.

      5.  Upon a transfer made pursuant to this section, the Authority may make such amendments, restrictions or modifications in a certificate or permit as the public interest may require.

      6.  No transfer is valid beyond the life of the certificate, permit or license transferred.

      (Added to NRS by 1971, 711; A 1971, 949; 1983, 869; 1997, 1949, 2679; 1999, 492; 2013, 86)

Limitations on Hours of Service for Certain Drivers

      NRS 706.672  Definitions.  As used in NRS 706.672 to 706.692, inclusive, unless the context otherwise requires, the words and terms defined in NRS 706.675 and 706.678 have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 1351; A 2007, 673)

      NRS 706.675  “Commercial motor vehicle” defined.  “Commercial motor vehicle” has the meaning ascribed to it in 49 C.F.R. § 350.105.

      (Added to NRS by 2005, 1351)

      NRS 706.678  “Intrastate driver” defined.  “Intrastate driver” means a driver who operates a commercial motor vehicle exclusively within this State for a period of 7 or more consecutive days. The term does not include a person who is an employee of a public utility, as that term is defined in NRS 704.020.

      (Added to NRS by 2005, 1351; A 2007, 673)

      NRS 706.682  Limitations on intrastate drivers of commercial motor vehicles.

      1.  A motor carrier shall not allow or require an intrastate driver to drive, and an intrastate driver shall not drive:

      (a) Within any 24-hour period:

             (1) More than 12 hours following 10 consecutive hours off duty; or

             (2) For any number of hours after having accrued more than 15 consecutive hours of on-duty time; or

      (b) Within any period of 7 consecutive days, after having accrued 70 hours of on-duty time.

      2.  As used in this section:

      (a) “Motor carrier” has the meaning ascribed to it in 49 C.F.R. § 350.105.

      (b) “On-duty time” has the meaning ascribed to it in 49 C.F.R. § 395.2.

      (Added to NRS by 2005, 1351; A 2007, 673)

      NRS 706.692  Limitations on drivers of other regulated motor vehicles.

      1.  Except as otherwise provided in NRS 706.672 to 706.692, inclusive, the owner or operator of a motor vehicle to which any provisions of NRS 706.011 to 706.861, inclusive, apply, carrying passengers or property on any highway in the State of Nevada shall not require or permit any driver of the motor vehicle to drive it in any one period longer than the time permitted for that period by the order of the Authority or the Department.

      2.  In addition to other persons so required, the Labor Commissioner shall enforce the provisions of this section.

      (Added to NRS by 1971, 718; A 1985, 871; 1997, 1954; 2005, 1353; 2007, 674)

Exemptions

      NRS 706.736  Exemption of certain vehicles and transportation from provisions regulating certain motor carriers; applicability of certain provisions.

      1.  Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, do not apply to:

      (a) The transportation by a contractor licensed by the State Contractors’ Board of the contractor’s own equipment in the contractor’s own vehicles from job to job.

      (b) Any person engaged in transporting the person’s own personal effects in the person’s own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

      (c) Special mobile equipment.

      (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters 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 used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      (f) A private motor carrier of property which is used to attend livestock shows and sales.

      (g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.

      2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 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, 706.457 and 706.458.

      (b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.

      (c) All standards adopted by regulation pursuant to NRS 706.173.

      3.  The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:

      (a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

      (b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

      4.  Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the person’s actual operation as prescribed in this chapter, computed from the date when that operation began.

      5.  As used in this section, “private school” means a nonprofit private elementary or secondary educational institution that is licensed in this State.

      (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; 2007, 377; 2011, 2655; 2013, 284, 658, 2005, 2160, 2180)

      NRS 706.741  Exemption of certain vehicles used in business of resort hotel that holds nonrestricted gaming license; requirements regarding inspection of such vehicles.

      1.  An owner or operator of a motor vehicle that is used for the transportation of passengers or property is not subject to the provisions of this chapter governing fully regulated carriers if:

      (a) The owner or operator of the motor vehicle:

             (1) Holds a nonrestricted license and is a resort hotel;

             (2) Is not in the business of transporting passengers or property;

             (3) Does not charge a fee for transporting passengers or property;

             (4) Provides transportation only to its customers, guests, casino hosts, key employees, officers and directors; and

             (5) Marks the vehicle with the owner’s or operator’s name or logo, which must be at least 2 inches in height and be visible from a distance of at least 50 feet; and

      (b) The use of the motor vehicle is related to the business of the resort hotel for which the nonrestricted license was issued.

      2.  An owner or operator of a motor vehicle specified in subsection 1 shall regularly inspect the motor vehicle and maintain a record of the inspection for at least 3 years after the date of the inspection. Each record maintained pursuant to this subsection must be made available for inspection or audit by the Authority or its designee at any time during regular business hours.

      3.  As used in this section:

      (a) “Nonrestricted license” has the meaning ascribed to it 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  Exemption of ambulances, hearses and certain carriers from requirements of NRS 706.386 and 706.421; exemption of certain carriers and public entities from requirement to obtain certificate of public convenience and necessity; conditions and limitations on exemptions.

      1.  The provisions of NRS 706.386 and 706.421 do not apply to:

      (a) Ambulances;

      (b) Hearses; or

      (c) Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705.

      2.  A common motor carrier that enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of:

      (a) Regular routes and fixed schedules;

      (b) Nonemergency medical transportation of persons to facilitate their participation in jobs and day training services as defined in NRS 435.176 if the transportation is available upon request and without regard to regular routes or fixed schedules;

      (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

      (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

      3.  Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:

      (a) The public entity shall provide for any required safety inspections; or

      (b) If the public entity is unable to do so, the Authority 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 the transportation of passengers that is described in:

      (a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares.

      (b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

             (1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.

             (2) Shall not offer medical assistance as part of its transportation service.

      5.  In a county whose population:

      (a) Is less than 700,000, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

      (b) Is 700,000 or more, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but:

             (1) Only if the nonprofit carrier:

                   (I) Does not charge for transportation services;

                   (II) Provides transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705; or

                   (III) Enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission; and

             (2) Such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

      6.  An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.

      7.  Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides 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 the county, it must determine that:

      (a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or

      (b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.

      (Added to NRS by 1995, 2611; A 1997, 652, 1951; 1999, 2172; 2005, 736; 2009, 1291, 2241; 2011, 1313)

      NRS 706.749  Permit for employer transporting employees between place of work and homes or central areas for parking; requirements.

      1.  The Authority may issue a permit, valid for 1 year after the date of issuance, to an employer to transport the employees of that employer between their place of work and their homes or one or more central parking areas if the employer 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 and discharged, including the location of their place of work;

      (c) Identification of each vehicle to be used and certification that it is owned or the subject of a long-term lease by the employer;

      (d) That each vehicle is registered to and operated by the employer; and

      (e) Any charge which will be made for the service.

      2.  The employer must pay a fee of $10 for each vehicle which the employer will regularly use to transport employees.

      3.  The employer must charge no fare for the use of the service, or no more than an amount required to amortize the cost of the vehicle and defray the cost of operating it.

      4.  The Authority shall renew the permit upon receipt of 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  Unlawful acts; criminal penalties.

      1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;

      (d) Fails to obey any order, decision or regulation of the Authority or the Department;

      (e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

      (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;

      (g) Advertises as providing:

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

             (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does 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 have been cancelled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not 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 regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

      (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment 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 the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

      4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

      5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      6.  Any bail allowed must not be less than the appropriate 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; 2011, 2656, 3658; 2013, 659, 1037, 2006, 2161, 2181, 2536)

      NRS 706.758  Unlawful for person to advertise services for which certificate or permit is required unless person holds certificate or permit; orders to cease and desist unlawful advertising; procedure for disconnecting or changing telephone or paging number included in unlawful advertising.

      1.  It is unlawful for any person to advertise services for which a certificate of public convenience and necessity or a contract carrier’s permit is required pursuant to NRS 706.011 to 706.791, inclusive, unless the person has been issued such a certificate or permit.

      2.  If, after notice and a hearing, the Authority determines that a person has engaged in advertising in a manner that violates the 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 the person to cease and desist the unlawful advertising and to:

      (a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.

      (b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.

      3.  If a person fails to comply with paragraph (a) of subsection 2 within 5 days after the date that the person receives an order pursuant to subsection 2, the Authority may request the Commission to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 2 within 5 days after the date the person receives an order pursuant to subsection 2, the Authority may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

      4.  If the provider of paging services receives a request from a person pursuant to subsection 2 or a request from the Authority pursuant to subsection 3, it shall:

      (a) Disconnect the paging service to the person; or

      (b) Switch the beeper number of the paging service provided to the person.

Ê If the provider of paging services elects to switch the number pursuant to paragraph (b), the provider shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.

      5.  As used in this section:

      (a) “Advertising” includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “fully regulated carrier” with or without any limiting qualifications.

      (b) “Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal 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 meaning ascribed to it in NRS 707.355.

      (Added to NRS by 2003, 3207)

      NRS 706.761  Civil penalty 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 motor carrier or broker of any of these services who refuses or fails for a period of 30 days to furnish the Authority or Department with any report required by either or who fails or refuses to permit any person authorized by the Authority or Department to inspect such books, accounts, records, minutes or papers on behalf of the Authority or Department is liable to a penalty in a sum of not less than $300 nor more than $500. The penalty may be recovered in a civil action upon the complaint of the Authority or Department in any court of competent jurisdiction.

      2.  Each day’s refusal or failure is a separate offense, 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  Receipt of 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 or operator of a tow car to charge, demand, collect or receive a greater or less compensation for any service performed by it within this State or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the Authority, or to demand, collect or receive any fare, rate or charge not specified. The rates, tolls and charges named therein are the lawful rates, tolls and charges until they are changed as provided in this chapter.

      2.  It is unlawful for any fully regulated carrier or operator of a tow car to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.

      3.  Any violation of the provisions of this section subjects 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  Civil penalty or administrative fine by Authority for certain violations.

      1.  Any person or any agent or employee thereof, who violates any provision of this chapter, any lawful regulation of the Authority or any lawful tariff on file with the Authority or who fails, neglects or refuses to obey any lawful order of the Authority or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of not more than $10,000 for any violation. The penalty may be recovered in a civil action upon the complaint of the Authority in any court of competent jurisdiction.

      2.  If the Authority does not bring an action to recover the penalty prescribed by subsection 1, the Authority may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the Authority or Department pursuant to the provisions of this chapter. A fine imposed by the Authority may be recovered by the Authority only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.

      3.  All administrative fines imposed and collected by the Authority pursuant to subsection 2 are payable to the State Treasurer and must be credited to a separate account to be used by the Authority to enforce the provisions of this chapter.

      4.  A penalty or fine recovered pursuant to this section 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 706.772  Administrative fines: Repayment plans; notice; notification provided to Department of Motor Vehicles.

      1.  If the Authority imposes an administrative fine pursuant to NRS 706.476 or 706.771 in an amount greater than $100, the person who is responsible for payment of the administrative fine shall:

      (a) Pay to the Authority the full amount of the administrative fine and any other costs related to the administrative fine owed by that person; or

      (b) If the person is unable to pay the full amount owed, enter into a plan of repayment with the Authority for the payment over time of the administrative fine.

      2.  The Authority shall, within 20 days after imposing an administrative fine pursuant to NRS 706.476 or 706.771, provide notice by first-class mail to the person against whom the administrative fine is imposed. The notice must include a statement:

      (a) Of the amount of the administrative fine and any other costs which must be paid to the Authority;

      (b) That the person must, within 14 days after receiving the notice:

             (1) Pay to the Authority the full amount of the administrative fine and any other costs; or

             (2) If a plan of repayment has been approved by the Authority, comply with the terms of the plan of repayment; and

      (c) That the Authority is required to notify the Department of Motor Vehicles of the failure to pay the amount owed and that the Department may suspend the driver’s license of the person for failure to pay the administrative fine and any other costs.

      3.  The Authority shall provide to the Department of Motor Vehicles the name of a person to whom a notice is sent pursuant to subsection 2 and the date on which the notice was sent.

      4.  The Authority shall, within 5 days after receiving payment from a person or approving a plan of repayment, notify the Department of Motor Vehicles that the person has satisfied the requirements for payment of the administrative fine and any other costs owed by the person.

      5.  The provisions of this section do not relieve the Authority of any obligation to notify the State Controller of any debt that is past due pursuant to chapter 353C of NRS.

      (Added to NRS by 2011, 2654)

      NRS 706.775  Administrative fine by Department for certain violations.

      1.  In addition to any criminal penalty, any person who violates any provision of this chapter, or any lawful regulation, rule or order adopted or issued by the Department pursuant thereto is liable to the Department for an administrative fine as follows:

      (a) For a first offense, a fine of $500.

      (b) For a second offense, a fine of $1,000 or the total cost paid by the person for registration fees pursuant to NRS 482.480 and 482.482 and governmental services taxes pursuant to NRS 371.050 during the calendar year in which the offense was committed for the vehicle in which the offense was committed, whichever is greater, except that the amount of the fine must not exceed $2,500.

      (c) For a third offense, a fine of $1,500 or the total cost paid by the person for registration fees pursuant to NRS 482.480 and 482.482 and governmental services taxes pursuant to NRS 371.050 during the calendar year in which the offense was committed for the vehicle in which the offense was committed, whichever is greater, except that the amount of the fine must not exceed $2,500.

      (d) For a fourth and any subsequent offense, a fine of $2,500.

      2.  The Department shall afford to any person fined pursuant to subsection 1 an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      3.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the State Highway Fund.

      (Added to NRS by 2009, 467)

      NRS 706.779  Movement of vehicle by Authority after stopping driver for violation of certain provisions.  The Authority and its inspectors may, upon halting a person for a violation of the provisions of NRS 706.386 or 706.421, move the person’s vehicle or cause it to be moved to the nearest garage or other place of safekeeping until it is removed in a manner which complies with the provisions of this chapter.

      (Added to NRS by 1985, 332; A 1997, 1954)

      NRS 706.781  Additional civil remedies.  In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, for the prevention and punishment of any violation of the provisions thereof and of all orders of the Authority or the Department, the Authority or the Department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and with 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; 2013, 1038, 2051, 2163)

Additional Assessments of Fees

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

      1.  If the Department is not satisfied with the records or statements of, or with the amount of fees paid by, any person pursuant to the provisions of NRS 706.011 to 706.861, inclusive, it may make an additional or estimated assessment of fees due from that person based upon any information available to it.

      2.  Every additional or estimated assessment bears interest at the rate of 1 percent per month, or fraction thereof, from the date the fees were due until they are paid.

      3.  If an assessment is imposed, a penalty of 10 percent of the amount of the assessment must be added thereto. If any part of the deficiency is found to be caused by fraud or an intent to evade the provisions 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 notice of the assessment. The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to the person at the person’s address as it appears in the records of the Department. Every notice of assessment must be served within 36 months after the end of the registration year for which the additional assessment is imposed.

      5.  If any person refuses or fails to make available to the Department, upon request, such records, reports or other information as determined by the Department to be necessary to enable it to determine that the amount of taxes and fees paid by that person is correct, the assessment made pursuant to the provisions of this section is presumed to be correct and the burden is upon the person challenging the assessment to establish that it is erroneous.

      6.  Any person against whom an assessment has been made pursuant to the provisions of this section may petition the Department in writing for a redetermination within 30 days after service of the notice. If a petition is not filed with the Department within that period, the assessment becomes final.

      7.  If a petition for redetermination is filed within 30 days, the Department shall reconsider the assessment and send the petitioner, by certified mail, notice of its decision and the reasons therefor. A petitioner aggrieved by the Department’s decision may appeal the decision by submitting a written request to the Department for a hearing not later than 30 days after notice of the decision was mailed by the Department. The Department shall schedule an administrative hearing and provide the petitioner with 10 days’ notice of the time and place of the hearing. The Department may continue the hearing as may be necessary.

      8.  The order of the Department upon a petition becomes final 30 days after service of notice thereof. If an assessment is not paid on or before the date it becomes final, there must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the assessment.

      9.  Every remittance in payment of an assessment is payable to the Department.

      (Added to NRS by 1971, 718; A 1973, 705; 1987, 970; 1989, 1414; 1993, 1987; 1995, 316; 2013, 2163)

APPORTIONMENT OF FEES FOR INTERSTATE USERS OF HIGHWAYS

      NRS 706.801  Short title.  NRS 706.801 to 706.861, inclusive, shall be known as the Interstate Highway User Fee Apportionment Act.

      (Added to NRS by 1971, 719)

      NRS 706.806  Definitions.  As used in NRS 706.801 to 706.861, inclusive, unless the context otherwise requires:

      1.  “Country” includes any political subdivision thereof.

      2.  “Department” means the Department of Motor Vehicles.

      3.  “Fee” means each fee for registration and tax imposed by this State, except motor vehicle fuel taxes and motor carrier licensing fees.

      4.  “Mileage” includes mileage in this State and in all other states and countries.

      5.  “Motor vehicle” includes every motor vehicle with a declared gross weight in excess of 26,000 pounds required to be registered under the laws of this State.

      6.  “Operator” includes the owner or operator of any motor vehicle.

      7.  “Plan” means a plan adopted by any state or country for 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 required to 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  Declaration of legislative policy.  The Legislature declares that in adopting NRS 706.801 to 706.861, inclusive, it adheres to the principle that each state should have the freedom to develop the kind of highway user tax structure that it determines to be most appropriate to itself, and that the method of taxation of interstate vehicles should not be a determining factor in developing its user tax structure.

      (Added to NRS by 1971, 719)

      NRS 706.813  Applicability of NRS 706.801 to 706.861, inclusive.  The provisions of NRS 706.801 to 706.861, inclusive, do not apply to:

      1.  Vehicles which are exempt from special fuel tax requirements under NRS 366.221.

      2.  Vehicles having a gross vehicle weight rating or gross combined vehicle weight rating of 26,000 pounds or less unless the vehicle meets the definition of “commercial motor vehicle” set forth in 49 C.F.R. § 350.105, and except that such vehicles are eligible for apportionment under the provisions of this chapter upon application by the operator.

      (Added to NRS by 1977, 381; A 1985, 1847; 2009, 468)

      NRS 706.816  Uniform interpretation of NRS 706.801 to 706.861, inclusive.  NRS 706.801 to 706.861, inclusive, must be so interpreted as to effectuate their general purpose to make uniform the laws of those states and countries which enact them or any law comparable to them.

      (Added to NRS by 1971, 719; A 1985, 1451)

      NRS 706.821  Power of Department to make rules and regulations.  In carrying out NRS 706.801 to 706.861, inclusive, each Department shall have power to make rules and regulations.

      (Added to NRS by 1971, 720)

      NRS 706.826  Agreements by Department with departments of other states and countries.  In carrying out NRS 706.801 to 706.861, inclusive, each Department of this State may enter into agreements with the departments or appropriate agencies of this or any other state or country to provide for any or all of the following:

      1.  For the exemption from the plan of certain classes of 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 fees for registration or taxes or both upon the conditions set forth in the agreement, all as found to be in the interest of this State, the facilitating of this plan, or of the facilitating of the operation of vehicles between this and 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 made pursuant thereto to be uniform with the reports and records required by the other contracting state or country, but this does not prevent any Department from 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 of any operator subject to NRS 706.801 to 706.861, inclusive, the reports and records of any such operator and the Department may be disclosed to the extent necessary 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 the identification of vehicles subject to the plan.

      5.  For putting the plan into effect between this and any other state or country.

      (Added to NRS by 1971, 720; A 1985, 1451)

      NRS 706.836  Payment of fees to Department.  Each fee required to be paid by the provisions of NRS 706.801 to 706.861, inclusive, is payable to the Department.

      (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 to the provisions of NRS 706.801 to 706.861, inclusive, by filing an application for that purpose with the Department:

      (a) If the application is an initial application for registration, before the time any fee becomes delinquent; and

      (b) If the application is for the renewal of a registration, on or before December 1.

      2.  The application must:

      (a) Show the total mileage of motor vehicles operated by the person in this State and all states and countries during the next preceding 12 months ending June 30 and describe and identify each motor vehicle to be operated during the period of registration in such detail as the Department may require.

      (b) Be accompanied by a fee, unless the Department is satisfied that the fee is secured, to be computed as follows:

             (1) Divide the number of in-state miles by the total number of fleet miles;

             (2) Determine the total amount of money necessary to register each motor vehicle in the fleet for which registration is requested; and

             (3) Multiply the amount determined under subparagraph (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; 2007, 56)

      NRS 706.846  Registration of vehicles; issuance of licenses or other devices.  Upon the payment of all fees required pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or upon being satisfied that the fee is secured and upon compliance with the laws of this State in order to register the vehicles, the Department shall register them, and issue plates, licenses, emblems, certificates or other devices for the vehicles in the 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  Registration of vehicle in fleet after final date for annual payment of fees.  If any vehicle in a fleet is first registered after the final date for the annual payment of fees under the laws of this State as they exist without NRS 706.801 to 706.861, inclusive, such vehicles shall pay fees in the amount provided by law for the then registration of the vehicle, in the manner provided in NRS 706.841, and such vehicle shall after registration be treated for all purposes as otherwise provided for vehicles of a fleet.

      (Added to NRS by 1971, 721)

      NRS 706.861  Determination of mileage proportions for fleet not registered during preceding year; application.  Mileage proportions for a fleet not registered in this State as a fleet during the preceding year must be determined by the Department with which the vehicle is registered upon the application of the applicant on forms to be supplied by the Department, which must show the operations of the fleet during the preceding year in such detail as the Department may require and the estimated operation in this State in the current year or, if no operations were conducted during the preceding year, the estimated 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  Applicability of NRS 706.8811 to 706.885, inclusive.

      1.  The provisions of NRS 706.8811 to 706.885, inclusive, apply to any county:

      (a) Whose population is 700,000 or more; or

      (b) For whom regulation by the Taxicab Authority is not required, if the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the Taxicab Authority.

      2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the Taxicab Authority is not required, the Taxicab Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, within that county.

      3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation 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; 2011, 1314, 3660; 2013, 1038, 2538)

      NRS 706.8811  Definitions.  As used in NRS 706.881 to 706.885, inclusive, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 1239; A 1979, 936; 1991, 1960; 2011, 3660; 2013, 1039, 2538)

      NRS 706.8812  “Administrator” defined.  “Administrator” means the Taxicab Administrator or any authorized agent of the Taxicab Administrator.

      (Added to NRS by 1969, 1239)

      NRS 706.8813  “Certificate holder” defined.  “Certificate holder” means a person who holds a current certificate of public convenience and necessity which was issued for the operation of a taxicab business by:

      1.  The Public Service Commission of Nevada before July 1, 1981, and which has not been transferred, revoked or suspended by the Nevada Transportation Authority, the Taxicab Authority or the Public Utilities Commission of Nevada, or by operation of law; or

      2.  The Taxicab Authority and which has not been transferred, revoked or suspended by the Taxicab Authority or by operation of law.

      (Added to NRS by 1969, 1239; A 1975, 1325; 1977, 746; 1981, 2052; 1997, 1955)

      NRS 706.8814  “Driver” defined.  “Driver” means an individual who operates a taxicab and includes a certificate holder when the certificate holder operates a taxicab.

      (Added to NRS by 1969, 1239)

      NRS 706.8816  “Taxicab” defined.

      1.  “Taxicab” means a motor vehicle or vehicles which is designed or constructed to accommodate and transport not more than six passengers, including the driver, and is:

      (a) Fitted with a taximeter or other device to indicate and determine the passenger fare charged;

      (b) Used in the transportation of passengers or light express or both for which a charge or fee is received; or

      (c) Operated in any service which is held out to the public as being available for the transportation of passengers from place to place 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 fixed routes.

      (c) An employer who operates the vehicle for the transportation of the employees of that employer, whether or not the employees pay for the transportation.

      (Added to NRS by 1969, 1240; A 1979, 631, 1004)

      NRS 706.8817  “Taximeter” defined.  “Taximeter” means an instrument used in 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 members appointed by the Governor, is hereby created. Except as otherwise provided in NRS 232A.020, the term of each member is 3 years and no member may serve for more than 6 years. No more than three members may be members of the same political party, and no elected officer of the State or any political subdivision is eligible for appointment.

      2.  Each member of the Taxicab Authority is entitled to receive a salary of not more than $80, as fixed by the Authority, for each day actually employed on work of the Authority.

      3.  While engaged in the business of the Taxicab Authority, each member and employee of the Authority is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The Taxicab Authority shall maintain its principal office in the county or area of the State where it performs most of its regulatory activity.

      5.  The Taxicab Authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and, as it may deem necessary, for the conduct of the taxicab business and for the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. The regulations may include different provisions to allow for differences among the counties to which NRS 706.881 to 706.885, inclusive, apply. Local law enforcement agencies and the Nevada Highway Patrol, upon request of the Authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adopted pursuant thereto.

      6.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every regulation and order issued by the Nevada Transportation Authority remains effective in a county to which those sections apply until modified or rescinded by the Taxicab Authority, 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  Adoption of regulations establishing program for transportation of elderly persons and persons with permanent disabilities.

      1.  The Taxicab Authority shall adopt regulations establishing a program for the transportation by taxicab of elderly persons and persons with permanent disabilities.

      2.  The program must require the Administrator to establish, maintain and make known a telephone number for elderly persons and persons with permanent disabilities to register complaints regarding transportation by taxicab.

      3.  The program must require a certificate holder to inform a person who requests transportation by taxicab within the area allocated to the certificate holder and who identifies himself or herself as an elderly person or a person with a permanent disability of the:

      (a) Estimated time of arrival of the requested taxicab; and

      (b) Telephone number maintained by the Administrator pursuant to subsection 2.

      (Added to NRS by 2001, 1232)

      NRS 706.88183  Adoption of regulations implementing system for use of certain technology to verify validity of medallions.

      1.  The Taxicab Authority shall implement a system to verify through the computerized real-time data system implemented pursuant to subsection 4 of NRS 706.8825 the validity of a temporary or permanent medallion issued by the Taxicab Authority.

      2.  As used in this section, “medallion” means the temporary or permanent authority to operate a taxicab within the jurisdiction of the Taxicab Authority which is issued by the Taxicab Authority pursuant to NRS 706.8811 to 706.885, inclusive.

      (Added to NRS by 2011, 2686; A 2013, 2538)

      NRS 706.88184  Authority required to authorize use of certain technology by certificate holders and to impose reasonable charge.

      1.  Upon application by a certificate holder, the Taxicab Authority shall authorize the certificate holder to use the computerized real-time data system for the purposes of offering cooperative dispatch and electronic hailing services for taxicabs to the public.

      2.  If two or more certificate holders apply to the Taxicab Authority to use the computerized real-time data system for the purposes set forth in subsection 1, the Taxicab Authority must establish, by regulation or order, rules providing for the use of the computerized real-time data system by two or more certificate holders for the purposes set forth in subsection 1.

      3.  The Taxicab Authority shall:

      (a) Authorize the certificate holders who are authorized to use the computerized real-time data system for the purposes set forth in subsection 1 to impose a reasonable charge for the use by a passenger of the computerized real-time data system. The charge:

             (1) Must be separate from any other rate, fare or charge for taxicab service;

             (2) Is not required to be uniform within a county; and

             (3) May be assessed in accordance with a schedule of charges based upon factors approved by the Taxicab Authority.

      (b) Establish, by regulation or order, requirements for the publication by certificate holders of the charge or the schedule of charges for the use by a passenger of the computerized real-time data system for the purposes set forth in subsection 1.

      4.  As used in this section, “computerized real-time data system” means the computerized real-time data system implemented by the Taxicab Authority pursuant to subsection 4 of NRS 706.8825.

      (Added to NRS by 2013, 2532)

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

      1.  When the Taxicab Authority has reason to believe that any provision of NRS 706.881 to 706.885, inclusive, is being violated, the Taxicab Authority shall investigate the alleged violation. After a hearing the Taxicab Authority may issue an order requiring that the certificate holder cease 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 issued pursuant 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  Hearings and final decisions; jurisdiction; appeals from final decisions.

      1.  The Taxicab Authority shall conduct hearings and make 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 convenience and necessity to operate a taxicab service;

      (c) Applications requesting authority to transfer any existing interest in a certificate of public convenience and necessity or in a corporation that holds a certificate of public convenience and necessity to operate a taxicab business;

      (d) Applications to change the total number of allocated taxicabs in a county to which NRS 706.881 to 706.885, inclusive, apply; and

      (e) Appeals from final decisions of the Administrator made pursuant to NRS 706.8822.

      2.  An appeal from the final decision of the Taxicab Authority must be made to the Nevada Transportation 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 and Industry shall appoint a Taxicab Administrator from a list of three names submitted to the Director by the Taxicab Authority. The Administrator serves at the pleasure of the Director. The Administrator is in the unclassified service of the State.

      2.  The Taxicab Authority may remove the Administrator for good cause shown.

      3.  Except as otherwise provided in NRS 284.143, the Taxicab Administrator shall devote the Administrator’s entire time and attention to the business of the Administrator’s office and shall not pursue any other business or occupation or hold any other office of profit.

      (Added to NRS by 1969, 1240; A 1971, 582, 1444; 1979, 937; 1981, 1286; 1993, 1926; 1995, 2318)

      NRS 706.8821  Powers and duties; employees.

      1.  The Administrator is responsible for the control and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, apply and for the administration of NRS 706.881 to 706.885, inclusive.

      2.  The Administrator shall appoint:

      (a) One accountant and such auditors as are necessary to enable the Administrator to perform the Administrator’s official functions properly; and

      (b) Such other employees as are necessary to enable the Administrator to perform the Administrator’s official functions properly.

      (Added to NRS by 1969, 1240; A 1971, 582; 1977, 747; 1991, 1960; 1993, 2542; 2013, 2538)

      NRS 706.8822  Administrative hearings and final decisions; jurisdiction; appeals to Taxicab Authority.  The Administrator shall conduct administrative hearings and make final decisions, subject to appeal by any aggrieved party to the Taxicab Authority, in the following matters:

      1.  Any violation relating to the issuance of or transfer of license plates for motor carriers required by either the Taxicab Authority 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  Issuance and enforcement of subpoenas; depositions.

      1.  Whenever the Taxicab Authority or the Administrator is authorized or required by law to conduct a hearing, the Administrator may issue subpoenas requiring the attendance of witnesses before the Authority or the Administrator, respectively, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called and take depositions within or without the State, as the circumstances of the case may require.

      2.  The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Administrator.

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the Administrator may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

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

      (b) That the witness has been subpoenaed in the manner prescribed in this section; and

      (c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Taxicab Authority or the Administrator in the hearing named in the subpoena, or has refused to answer questions propounded to the witness in the course of the hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Authority or the Administrator.

      4.  The court, upon petition of the Administrator shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the Administrator, the court may thereupon enter an order that the witness appear before the Authority or the Administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      (Added to NRS by 1979, 935; A 1981, 109)

Allocation of Number of Taxicabs; Taxes; Fees

      NRS 706.88237  Power of Taxicab Authority to determine circumstances requiring temporary increase in allocation and to make such allocations.  The Taxicab Authority may:

      1.  Determine the circumstances that require a temporary increase in the number of taxicabs allocated pursuant to NRS 706.8824; and

      2.  Allocate a temporary increase in the number of taxicabs pursuant to NRS 706.88245 when the circumstances require the increase.

      (Added to NRS by 1991, 1960)

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

      1.  In determining whether circumstances require the establishment 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 of a system of allocations, the Taxicab Authority shall allocate the number of taxicabs among the certificate holders in the county in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the Taxicab Authority in the county.

      3.  Whenever circumstances require an increase in the existing allocations, the Taxicab Authority shall allocate the additional taxicabs equally among all the certificate holders who apply from the area to be affected by the allocation.

      4.  Unless a certificate holder puts the additionally allocated taxicabs into service within 30 days after the effective date of the increased allocation, the increased allocation to that certificate holder is void.

      5.  The Taxicab Authority may attach to the exercise of the rights granted by the allocation any terms and conditions which in its judgment the public interest may require. The Taxicab Authority may limit:

      (a) The geographical area from which service is offered or provided.

      (b) The hours of service. Such a limitation must not reduce hours of service to less than 12 consecutive hours in a 24-hour period.

Ê If a limitation is placed on an allocation, taxicabs must be marked in a distinctive manner 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 certificate holders in its jurisdiction.

      (Added to NRS by 1969, 1241; A 1977, 747; 1981, 2053; 1983, 1031; 1987, 937; 1991, 1961)

      NRS 706.88245  Temporary increase in allocation of number of taxicabs by Taxicab Authority; factors for determination; regulations.

      1.  In determining whether circumstances require a temporary increase in the number of taxicabs allocated pursuant to NRS 706.8824, the Taxicab Authority shall consider the interests, welfare, convenience, necessity and well-being of the customers of taxicabs.

      2.  Whenever circumstances require a temporary increase in the number of taxicabs allocated pursuant to NRS 706.8824, the Taxicab Authority shall allocate the temporary increase equally among the certificate holders in the area 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 regulations governing temporary increases in the allocation of taxicabs pursuant to this section.

      (Added to NRS by 1991, 1959)

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

      1.  All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited by the Administrator to the credit of the Taxicab Authority Fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the Fund.

      2.  The interest and income earned on the money in the Fund, 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 to defray 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 defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business. The technology fees received pursuant to paragraph (c) of subsection 3 of NRS 706.8826 must be used to implement technological improvements in safety, reliability and efficiency, including, without limitation, the implementation of a computerized real-time data system to assist with the regulation of the taxicabs in the county in which the certificate holder operates a taxicab business. A computerized real-time data system implemented pursuant to this subsection must, at a minimum, satisfy the following criteria:

      (a) While a taxicab is in service within the jurisdiction of the Taxicab Authority, the system must be capable of collecting in real-time from the onboard computer of the taxicab, by wireless access through the onboard diagnostic port or other means, the vehicle identification number and operating and telemetric data for the vehicle.

      (b) While a taxicab is in service within the jurisdiction of the Taxicab Authority, the system must be capable of collecting in real-time, from an onboard diagnostic device capable of using a global positioning system that is installed in the taxicab or any other onboard computer software system capable of using a global positioning system that is installed in the taxicab, the location of the taxicab by latitude and longitude, a record of the time at which the taxicab is at that location and operating and telemetric data for the vehicle.

      (c) The system must be capable of allowing the driver of a taxicab, while the taxicab is in service within the jurisdiction of the Taxicab Authority, to register in the system, at the beginning and end of each shift, his or her identity and the number of his or her driver’s permit.

      (d) The system must be capable of allowing, in a manner prescribed by the Taxicab Authority, a certificate holder to digitally associate a taxicab with a temporary or permanent medallion for the purpose of verifying the validity of a temporary or permanent medallion pursuant to NRS 706.88183. As used in this paragraph, “medallion” has the meaning ascribed to it in NRS 706.88183.

      (e) The system must be capable of presenting, in real-time to the Taxicab Authority, searchable histories, in both a format that displays the information and data in tables and a digital map format that displays streets and highways, of:

             (1) The information and data described in this subsection; and

             (2) The information described in NRS 706.8844.

      (f) The system must be capable of presenting to a passenger, through an application on a mobile device or on an interactive, digital display or other onboard system in the taxicab, sufficient information for the passenger to select and direct the driver to the passenger’s desired destination by the passenger’s desired route. The information must include, without limitation, sufficient information for the passenger to:

             (1) Select the shortest route by time or distance to the passenger’s desired destination;

             (2) Select a multi-segment trip directed by the passenger;

             (3) Select the least expensive route to the passenger’s desired destination; and

             (4) Make a digital record of the passenger’s selection that is accessible during and after the trip by the passenger, the Taxicab Authority, the driver and the certificate holder.

      (g) The system must be capable of presenting to the driver, through an application on a mobile device or an interactive, digital display or other onboard system in the taxicab, sufficient information for the driver to:

             (1) Determine the shortest route by time or distance to the passenger’s desired destination and the least expensive route to the passenger’s desired destination;

             (2) Follow a multi-segment, passenger-directed trip by the least expensive route to the passenger’s desired destination; and

             (3) Allow the passenger to make a digital record of a selection of a desired route to the passenger’s destination that is accessible during and after the trip by the passenger, the Taxicab Authority, the driver and the certificate holder.

      (h) The system must be capable of allowing passengers to register comments and complaints with the Taxicab Authority, the driver and the certificate holder, through an application on a mobile device or an interactive digital display screen or other onboard system in the taxicab.

      (i) The system must be capable of assisting the Taxicab Authority in the development of additional preventive measures to detect, investigate and deter the practice of transporting a passenger to a selected destination by a route that is more expensive than necessary under the circumstances of the trip.

      (j) The system must be capable of providing to the Taxicab Authority reliable real-time and historic information concerning service demands, market data, vehicle usage, wait times and customer complaints and comments for use by the Taxicab Authority to make decisions concerning the allocation of medallions pursuant to 706.88237, 706.8824 and 706.88245.

      (k) The system must be capable of allowing certificate holders to use the system to provide cooperative dispatch and electronic hailing services to the public pursuant to NRS 706.88184.

      5.  The Taxicab Authority shall not use the information and data collected pursuant to paragraph (a) or (b) of subsection 4 for any purpose other than the purposes set forth in those paragraphs unless the Authority has adopted regulations governing the additional use.

      6.  The Taxicab Authority may operate the computerized real-time data system implemented pursuant to subsection 4 or enter into an agreement for the provision of such service. If the Taxicab Authority enters into such an agreement, the Taxicab Authority shall ensure that all the information and data collected by the computerized real-time data system is under the control of the Taxicab Authority.

      7.  Any balance remaining in the Fund does not revert to the State General Fund. The Administrator may transfer to the Aging and Disability Services Division of the Department of Health and Human Services any balance over $200,000 and any interest earned on the Fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for elderly persons and persons with permanent disabilities in taxicabs. The money transferred to the Aging and Disability Services Division must be administered in accordance with regulations adopted by the Administrator of the Aging and Disability Services Division pursuant to NRS 427A.070.

      8.  The Administrator may establish an account for petty cash not to exceed $2,000 for the support of undercover investigation, and if the account is created, the Administrator shall reimburse the account from the Taxicab Authority Fund in the same manner as other claims against the State are paid.

      9.  As used in this section, “real time” means the transmission of information at a rate no longer than once every 6 seconds, unless the Taxicab Authority authorizes a longer rate while a taxicab is experiencing a low volume of trips.

      (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; 2013, 2539)

      NRS 706.8826  Revenue of city and county received from taxes imposed on businesses operating taxicabs payable to State; fees payable to State by holder of certificate for allocated taxicab.

      1.  The board of county commissioners of any county in which there is in effect an order for the allocation of taxicabs from a taxicab authority, and the governing body of each city within any such county, shall deposit to the credit of the Taxicab Authority Fund all of the tax revenue which is received from the taxicab business operating in the county and city, respectively.

      2.  For the purpose of calculating the amount due to the State under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.

      3.  Any certificate holder who is subject to an order of allocation by the Taxicab Authority shall pay to the Taxicab Authority:

      (a) A fee of $100 per year for each taxicab that the Taxicab Authority has allocated to the certificate holder;

      (b) A fee set by the Taxicab Authority that must not exceed 20 cents per trip for each compensable trip of each of those taxicabs; and

      (c) A technology fee in an amount set by the Taxicab Authority for each compensable trip of each of those taxicabs.

Ê The fees set forth in paragraphs (b) and (c) must be added to the meter charge.

      4.  The money received by the Taxicab Authority pursuant to this section must be deposited in the State Treasury to the credit of the Taxicab Authority Fund.

      (Added to NRS by 1969, 1241; A 1971, 583; 1977, 748; 1979, 937; 1987, 938; 1989, 1066; 2001, 2930; 2003, 1406; 2013, 2541)

Holders of Certificates of Public Convenience and Necessity: Requirements

      NRS 706.8827  Certificate of public convenience and necessity required to engage in business of operating taxicabs; hearing on application; fee; conditions; effect of denial of certificate.

      1.  A person shall not engage in the taxicab business unless the person:

      (a) Holds a certificate of public convenience and necessity from the Public Service Commission of Nevada issued before July 1, 1981, which has not been transferred, revoked or suspended by the Taxicab Authority; or

      (b) Currently holds a certificate of public convenience and necessity from the Taxicab Authority as provided in this section.

      2.  Upon the filing of an application for a certificate of public convenience and necessity, the Taxicab Authority shall fix a time and place for a hearing thereon. The Taxicab Authority shall issue the certificate if it finds that:

      (a) The applicant is fit, willing and able to perform the services of a taxicab motor carrier;

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

      (c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought;

      (d) The holders of existing certificates will not meet the needs of the territory for which the certificate is sought if the certificate is not granted; and

      (e) The proposed service will benefit the public and the taxicab business in the territory to be served.

      3.  The applicant for a certificate has the burden of proving to the Taxicab Authority that the proposed operation will meet the requirements of subsection 2. The Taxicab Authority shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

      4.  The applicant must submit an application fee of $200, which must not be refunded, with the application. The applicant must also pay those amounts which are billed to the applicant by the Authority for reasonable costs incurred by it in conducting an investigation or hearing regarding the applicant.

      5.  The Taxicab Authority may attach to the exercise of the rights granted by the certificate any terms and conditions which in its judgment the public interest may require.

      6.  The Taxicab Authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice of the hearing, no protest against the granting of the certificate has been filed by or on behalf of any person.

      7.  Any person who has been denied a certificate of public convenience and necessity after a hearing may not file a similar application with the Taxicab Authority covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration 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, a certificate holder shall file with the Administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.

      2.  The insurance policy specified in subsection 1 must:

      (a) Provide the following coverage:

 

For injury to one person in any one accident.......................................... $100,000

For injury to two or more persons in any one accident........................... 300,000

For property damage in any one accident................................................... 10,000

 

      (b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days’ written notice to the certificate holder and Administrator; and

      (c) Contain such other provisions concerning notice as may be required by law to be given to the certificate holder.

      3.  If an insurance policy is cancelled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by the policy until other insurance is furnished.

      4.  A certificate holder to whom the Department of Motor Vehicles has issued a certificate of self-insurance may self-insure the coverage 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  Uniform system of accounts; examination of books and accounts; fines; suspension or revocation of certificate of public convenience and necessity.

      1.  A certificate holder shall maintain a uniform system of accounts in which all business transacted by the certificate holder is recorded. The accounts must be:

      (a) Kept in a form prescribed by the Taxicab Authority;

      (b) Before May 15 of each year, submitted to the Taxicab Authority in an annual report in the form and detail prescribed by the Taxicab Authority;

      (c) Retained for a period of 3 years after their receipt back from the Taxicab Authority; and

      (d) Supplemented with such additional information as the Taxicab Authority may require.

      2.  The Taxicab Authority may examine the books, accounts, records, minutes and papers of a certificate holder at any reasonable time to determine their correctness and whether they are maintained in accordance with the regulations adopted by the Taxicab Authority.

      3.  If a certificate holder fails to comply with any provision 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 or revoke the certificate of public convenience and necessity of the certificate holder, 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 the certificate holder’s principal place of business:

      (a) A record of the make and serial number of each taxicab;

      (b) A maintenance record for each taxicab; and

      (c) A copy of the medical certificates of each of the certificate holder’s drivers.

      2.  The records of a certificate holder shall be open for inspection by the Administrator or the Taxicab Authority at any reasonable time.

      (Added to NRS by 1969, 1242)

      NRS 706.8831  Listing for telephone in telephone directory.  A certificate holder shall have a public business telephone listing in the telephone directory for the area being served. The listing must state the company name, telephone number, place of business and, if the company’s service is not operated 24 hours per day, the hours of service.

      (Added to NRS by 1969, 1242; A 1989, 1787)

      NRS 706.8832  Two-way radio; central facilities for dispatching taxicabs.

      1.  A certificate holder shall have each taxicab equipped with a mobile radio and shall maintain central facilities for dispatching taxicabs at all times. The facilities:

      (a) May be maintained individually or in cooperation with other certificate holders.

      (b) Must be principally engaged in communication by radio with the taxicabs of the certificate holder or holders.

      2.  As used in this section, “communication by radio” means the transmission of writing, signs, signals, pictures, and sounds of all kinds by radio or other wireless methods, including all facilities and services incidental to such transmission, which facilities and services include, without limitation, the receipt, forwarding and delivering of communications.

      (Added to NRS by 1969, 1243; A 1981, 2055; 2011, 2686)

      NRS 706.8833  Color scheme, insigne and design of cruising lights; advertisements.

      1.  The color scheme, insigne and design of the cruising lights of each taxicab must conform to those approved for the certificate holder pursuant to regulations of the Taxicab Authority.

      2.  Except as otherwise provided in subsection 3, the Taxicab Authority shall approve or disapprove the color scheme, insigne and design of the cruising lights of the taxicabs of a certificate holder in any county, and shall ensure that the color scheme and insigne of one certificate holder are readily distinguishable from the color schemes and insignia of other certificate holders operating in the same county.

      3.  The Taxicab Authority shall allow a certificate holder in any county to place advertisements on the exterior of the vehicles used as taxicabs in the operations of the certificate holder, provided that the taxicabs of the certificate holder which bear such advertisements are readily distinguishable from the taxicabs of other certificate holders operating in the same county by meeting the requirements of subsection 2 of NRS 706.8835.

      (Added to NRS by 1969, 1243; A 1981, 2055; 1991, 1963; 1997, 1956; 2013, 2165)

      NRS 706.8834  Maximum period of use of vehicle as taxicab; condition of vehicle acquired for use as taxicab; extension of period for hybrid electric vehicle.

      1.  Except as otherwise provided in subsection 4, if a vehicle acquired for use as a taxicab by a certificate holder pursuant to paragraph (a) of subsection 3 has been in operation as a taxicab for 67 months based on the date it was originally placed into operation as a taxicab, the certificate holder:

      (a) Shall remove the vehicle from operation as a taxicab; and

      (b) Shall not permit the vehicle to be used as a taxicab in the operations of the certificate holder at any time thereafter.

      2.  Except as otherwise provided in subsection 4, if a vehicle acquired 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 the date it was originally placed into operation as a taxicab, the certificate holder:

      (a) Shall remove the vehicle from operation as a taxicab; and

      (b) Shall not permit the vehicle to be used as a taxicab in the operations of the certificate holder at any time thereafter.

      3.  Any vehicle which a certificate holder acquires for use as a taxicab must:

      (a) Be new; or

      (b) Register not more than 30,000 miles on the odometer.

      4.  If a hybrid electric vehicle, as defined in 40 C.F.R. § 86.1702-99, is acquired for use as a taxicab by a certificate holder, the period of operation as a taxicab specified in subsections 1 and 2 shall be extended for an additional 24 months for that vehicle.

      (Added to NRS by 1969, 1243; A 1975, 1325; 1987, 392; 1991, 1963; 1997, 852; 2005, 270; 2009, 751)

      NRS 706.88345  Maximum period of use of vehicle as taxicab, condition of vehicle acquired for use as taxicab and extension of period for hybrid electric vehicle in county for which regulation by Authority not required.  Repealed. (See chapter 163, Statutes of Nevada 2013, at page 564.)

 

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

      1.  A certificate holder shall display on each of the certificate holder’s taxicabs the fare schedule under which it is being operated. The schedule must be permanently affixed:

      (a) On the outside of both front doors in bold block letters which are of a color which contrasts with the color of the taxicab and which are not less than three-fourths of an inch in height; and

      (b) Inside the taxicab so as to be visible and easily readable by passengers.

      2.  A certificate holder shall have a unit number and the name of the certificate holder displayed on each side of each taxicab in bold block letters not less than 4 inches in height and in a color which contrasts with the color of the taxicab.

      (Added to NRS by 1969, 1243; A 1991, 1964)

      NRS 706.88353  Posting of sign concerning assault or battery on driver.

      1.  Each certificate holder shall post at least one sign which meets the requirements of this section inside each of the certificate holder’s taxicabs in a location conspicuous to the passengers of the taxicab.

      2.  Each sign required by subsection 1 must contain a notice in at least 16-point bold type that is easy to read and is in substantially the following form:

 

WARNING

ASSAULT UPON A TAXICAB DRIVER IS PUNISHABLE BY UP TO 6 YEARS IN PRISON. BATTERY UPON A TAXICAB DRIVER IS PUNISHABLE BY UP TO 15 YEARS IN PRISON.

 

      (Added to NRS by 2013, 1036)

      NRS 706.88355  Acceptance of credit cards or debit cards for payment of rates, fares and charges: Contracts with issuers; regulations; certain acts by issuers prohibited.

      1.  A certificate holder may enter into a contract with an issuer of credit cards and debit cards to provide for the acceptance of credit cards or debit cards by the certificate holder for the payment of rates, fares and charges owed to the certificate holder.

      2.  The Taxicab Authority may prescribe by regulation or order the maximum fee that a certificate holder may charge a customer for the convenience of using a credit card or debit card to make payment to the certificate holder. In prescribing such fees, the Taxicab Authority may consider the expenses incurred by the certificate holder in accepting payment by a credit card or debit card, including, without limitation:

      (a) Costs of required equipment and its installation;

      (b) Administrative costs of processing credit card or debit card transactions; and

      (c) Fees paid to issuers of credit cards or debit cards.

      3.  An issuer shall not, by contract or otherwise:

      (a) Prohibit a certificate holder from charging and collecting a fee authorized pursuant to subsection 2; or

      (b) Require a certificate holder to waive the right to charge and collect a fee authorized pursuant to subsection 2.

      4.  As used in this section, “issuer” means a business organization, financial institution or a duly authorized agency of a business organization or financial institution which:

      (a) Issues a credit card or debit card; or

      (b) Enters into a contract with a certificate holder or other person to enable or facilitate the acceptance of a credit card or debit card.

      (Added to NRS by 2011, 3658)

      NRS 706.8836  Taximeters.

      1.  A certificate holder shall equip each of the certificate holder’s taxicabs with a taximeter and shall make provisions when installing the taximeter to allow sealing by the Administrator.

      2.  The Administrator shall approve the types of taximeters which may be used on a taxicab. All taximeters must conform to a 2-percent plus or minus tolerance on the fare recording, must be equipped with a signal device plainly visible from outside of the taxicab, must be equipped with a device which records fares and is plainly visible to the passenger and must 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 taximeter before its use in a taxicab and shall, if the taximeter conforms to the standards specified in subsection 2, seal the taximeter.

      4.  Except as otherwise provided in subsection 5, a taximeter may be sealed by:

      (a) Affixing a physical security seal to each access point of the taximeter; or

      (b) Using an electronic security seal that is encrypted and protected by an audited authentication and authorization mechanism for each user that is accessible only by the Administrator.

      5.  The Administrator may require that each taximeter be sealed by an electronic security seal that is encrypted and protected by an audited authentication and authorization mechanism for each user that is accessible only by the Administrator if the Administrator:

      (a) Makes a finding that the technology for the sealing method is commercially available and will reduce the costs to the Taxicab Authority for inspecting taximeters; and

      (b) Provides notice to each certificate holder at least 12 months before requiring the use of the sealing method.

      6.  The Administrator may reinspect the taximeter at any reasonable time.

      7.  For the purposes of this section, “sealing” means prohibiting access to the elements of the taximeter used to calculate the items specified in subsection 2 by anyone other than the Administrator.

      (Added to NRS by 1969, 1244; A 1991, 1964; 2011, 2687)

      NRS 706.8837  Standards for taxicabs before operation.  A certificate holder shall not permit a taxicab to be operated in passenger service unless it meets all of the following standards:

      1.  The steering mechanism is in good mechanical working order.

      2.  The vehicle does not have any apparent loose knuckles, bolts or gear trains.

      3.  The door hinges and latches are in good mechanical working order and all doors operate easily and close securely.

      4.  Interior or exterior advertising does not obscure the driver’s view in any direction.

      5.  The windows are clear and free from cracks or chips in excess of 3 inches in length and are composed of approved, nonshatterable safety glass.

      6.  The brakes are in good mechanical working order and when pressed are not less than 1 3/4 inches from the floorboard.

      7.  The exhaust system, gaskets, tailpipes and mufflers are in good condition and exhaust fumes do not penetrate the interior of the vehicle.

      8.  The vehicle is equipped with four adequate and safe tires. Recapped tires may be used. Regrooved tires may not be used.

      9.  The speedometer is properly installed, maintained in good working order and exposed to view.

      10.  The interior of the vehicle is clean, free from torn upholstery and from damaged or broken seats.

      11.  The headlights, taillights, stoplights and turn signals are in good mechanical working order.

      12.  The horn and two windshield wipers are in good mechanical working order.

      13.  The taximeter is working properly, is not disconnected and has its covers and gears intact.

      14.  An air pollution control system is functioning in accordance with federal, state and local laws which were applicable to the type of vehicle at the time of its manufacture.

      (Added to NRS by 1969, 1243; A 1979, 838)

      NRS 706.8838  Defects in taxicab which limit operation.  A certificate holder shall not permit a taxicab to be operated in passenger service for a period of more than 24 hours unless it meets all of the following standards:

      1.  The vehicle is structurally sound and operates with a minimum of noise and vibration.

      2.  The vehicle does not have cracked, broken or badly dented fenders and is painted so as to provide reasonable protection against structural deterioration.

      3.  The vehicle does not have shades or curtains which can be manipulated to shield the occupants or driver from exterior observation or to obstruct vision through the rearview windows.

      4.  The vehicle is washed once a week, the interior is swept, dusted and vacuumed once a day and the vehicle is in a clean and sanitary condition.

      5.  The floor mat is made of rubber or a similar nonabsorbent, 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 any reasonable time.

      2.  If the Administrator finds that a taxicab is in a condition which violates NRS 706.8837, the Administrator shall remove the vehicle from service, shall place an out-of-service sticker on the windshield and shall notify the certificate holder of the defect. The vehicle shall remain out of service until the defect has been remedied and the Administrator upon reinspection has approved the vehicle and removed the out-of-service sticker.

      3.  If the Administrator finds that a taxicab is in a condition which violates NRS 706.8838, the Administrator shall notify the certificate holder of the improper condition and, after a reasonable time, shall reinspect the vehicle. If upon reinspection the violation has not been corrected, the vehicle shall be removed from service until it is reinspected and approved, as provided in subsection 2.

      (Added to NRS by 1969, 1244; A 1977, 749; 1979, 631)

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

      1.  A vehicle used as a taxicab, limousine or other passenger vehicle in passenger service must be impounded by the Administrator if a certificate of public convenience and necessity has not been issued authorizing its operation. A hearing must be held by the Administrator no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the Administrator shall notify the registered owner of the vehicle:

      (a) That the registered owner of the vehicle must post a bond in the amount of $20,000 to ensure the registered owner’s presence at all proceedings held pursuant to this section;

      (b) Of the time set for the hearing; and

      (c) Of the registered owner’s right to be represented by counsel during all phases of the proceedings.

      2.  The Administrator shall hold the vehicle until the registered owner of the vehicle appears and:

      (a) Proves that the person is the registered owner of the vehicle;

      (b) Proves that the person holds a valid certificate of public convenience and necessity;

      (c) Proves that the vehicle meets all required standards of the Authority; and

      (d) Posts a bond in the amount of $20,000 with the Administrator.

Ê The Administrator shall return the vehicle to its registered owner when the owner meets the requirements of this subsection and pays all costs of impoundment.

      3.  If the registered owner is unable to meet the requirements of paragraph (b) or (c) of subsection 2, the Administrator may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of the registered owner’s vehicle pursuant to this section is $10,000. The Administrator shall return the vehicle after any administrative fine imposed pursuant to this subsection 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  Driver’s permit: Issuance; fingerprints and qualifications of applicant; grounds for refusal to issue permit; fees.

      1.  The Administrator shall issue a driver’s permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a driver’s permit, the Administrator shall:

      (a) Require the applicant to submit a complete set of the applicant’s fingerprints which the Administrator may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicant’s background; and

      (b) Require proof that the applicant:

             (1) Has been a resident of the State for 30 days before the application for a permit;

             (2) Can read and orally communicate in the English language; and

             (3) Has a valid license issued under NRS 483.325 which authorizes the applicant to drive a taxicab in this State.

      2.  The Administrator may refuse to issue a driver’s permit if the applicant has been convicted of:

      (a) A felony relating to the practice of taxicab drivers in this State or any other jurisdiction at any time before the date of the application;

      (b) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application;

      (c) A violation of NRS 484C.110, 484C.120 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application; or

      (d) A violation of NRS 484C.130 or a law of any other jurisdiction that prohibits the same or similar conduct.

      3.  The Administrator may refuse to issue a driver’s permit if the Administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

      4.  A taxicab driver shall pay to the Administrator, in advance, $40 for an original driver’s 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; 2009, 1891)

      NRS 706.8842  Physician’s certificate: Issuance; renewal; health requirements. [Effective through December 31, 2013.]

      1.  Before applying to a certificate holder for employment as a driver, a person must obtain a physician’s certificate with two copies thereof from a physician who is licensed to practice in the State of Nevada.

      2.  A physician shall issue the certificate and copies described in subsection 1 if the physician finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.

      3.  The certificate described in subsection 1 must state that the physician has examined the prospective driver and has found that the prospective driver meets the health requirements described in subsection 2. The certificate must be signed and dated by the physician.

      4.  The physician’s certificate required by this section expires 2 years after the date of issuance and may be renewed.

      (Added to NRS by 1969, 1245; A 1991, 1965; 2003, 1405)

      NRS 706.8842  Medical examiner’s certificate: Issuance; renewal; health requirements. [Effective January 1, 2014.]

      1.  Before applying to a certificate holder for employment as a driver, a person must obtain a medical examiner’s certificate with two copies thereof from a medical examiner who is licensed to practice in the State of Nevada.

      2.  A medical examiner shall issue the certificate and copies described in subsection 1 if the medical examiner finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.

      3.  The certificate described in subsection 1 must state that the medical examiner has examined the prospective driver and has found that the prospective driver meets the health requirements described in subsection 2. The certificate must be signed and dated by the medical examiner.

      4.  The medical examiner’s certificate required by this section expires 2 years after the date of issuance and may be renewed.

      5.  As used in this section, “medical examiner” means a physician, as defined in NRS 0.040, or a chiropractic physician licensed pursuant to chapter 634 of NRS.

      (Added to NRS by 1969, 1245; A 1991, 1965; 2003, 1405; 2013, 660, effective January 1, 2014)

      NRS 706.8843  Conditions of employment of driver by holder of certificate. [Effective through December 31, 2013.]

      1.  A certificate holder shall not employ a driver unless the driver has obtained and has on the driver’s person:

      (a) A valid driver’s license for the State of Nevada obtained under the provisions of NRS 483.010 to 483.630, inclusive;

      (b) A copy of a physician’s certificate obtained pursuant to NRS 706.8842; and

      (c) A driver’s permit issued by the Administrator pursuant to rules and regulations of the Taxicab Authority.

      2.  A certificate holder shall, at the time the certificate holder employs a driver, provide the driver with a complete copy of the rules and regulations described in NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations as may be adopted by the Taxicab Authority, and require the driver to sign a statement that the driver has received a copy of the regulations and has read and familiarized himself or herself with the contents thereof.

      (Added to NRS by 1969, 1246; A 1971, 583)

      NRS 706.8843  Conditions of employment of driver by holder of certificate. [Effective January 1, 2014.]

      1.  A certificate holder shall not employ a driver unless the driver has obtained and has on the driver’s person:

      (a) A valid driver’s license for the State of Nevada obtained under the provisions of NRS 483.010 to 483.630, inclusive;

      (b) A copy of a medical examiner’s certificate obtained pursuant to NRS 706.8842; and

      (c) A driver’s permit issued by the Administrator pursuant to rules and regulations of the Taxicab Authority.

      2.  A certificate holder shall, at the time the certificate holder employs a driver, provide the driver with a complete copy of the rules and regulations described in NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations as may be adopted by the Taxicab Authority, and require the driver to sign a statement that the driver has received a copy of the regulations and has read and familiarized himself or herself with the contents thereof.

      (Added to NRS by 1969, 1246; A 1971, 583; 2013, 660, effective January 1, 2014)

      NRS 706.8844  Trip sheets.

      1.  A certificate holder shall require the certificate holder’s drivers to keep a daily trip sheet in a form to be prescribed by the Taxicab Authority, including, without limitation, in electronic form.

      2.  At the beginning of each period of duty the driver shall record on the driver’s trip sheet:

      (a) The driver’s name and the number of the taxicab;

      (b) The time at which the driver began the period of duty by means 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 each period of duty the driver shall record on the driver’s trip sheet:

      (a) The time, place of origin and destination of each trip; and

      (b) The number of passengers and amount of fare for each trip.

      4.  At the end of each period of duty the driver shall record on the driver’s trip sheet:

      (a) The time at which the driver ended the period of duty by means 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 sheet form for each taxicab operated by a driver during the driver’s period of duty and shall require the drivers to return their completed trip sheets at the end of each period of duty.

      6.  A certificate holder shall retain all trip sheets of all drivers in a safe place for a period of 3 years immediately succeeding December 31 of the year to which they respectively pertain and shall make such manifests available for inspection by the Administrator upon reasonable demand.

      7.  Any driver who maintains a trip sheet in a form less complete than that required by subsection 1 is guilty of a misdemeanor.

      8.  The Administrator shall prescribe the requirements for the use of an electronic version of a daily trip sheet. If a certificate holder requires its drivers to keep a daily trip sheet in electronic form, the certificate holder may comply with the requirements of this section:

      (a) By maintaining the information collected from the daily trip sheet in a secure database and providing the Administrator with access to the information in the database at regular intervals established by the Administrator and upon reasonable demand; or

      (b) By reporting the information to the Administrator on the computerized real-time data system implemented pursuant to subsection 4 of NRS 706.8825.

      (Added to NRS by 1969, 1246; A 1991, 1966; 2011, 2687; 2013, 2541)

      NRS 706.8845  Standards of conduct while on duty.  While a driver is on duty, the driver shall:

      1.  Be appropriately dressed by the standards of the taxicab business.

      2.  Be neat and clean in person and appearance.

      3.  Refrain from talking loudly, uttering profanity and from shouting to other drivers.

      4.  Not have in the driver’s possession a lighted cigar, cigarette or pipe while a passenger is being carried in the taxicab.

      5.  Not chew tobacco or use snuff while a passenger is being carried in the taxicab.

      6.  Attend the taxicab if it is being held out for hire.

      7.  Not permit the taxicab to remain at a taxicab stand unless it is being held out for hire.

      8.  Discourage passengers from entering or leaving a taxicab from the left side except at the left curb of a one-way street or while the car is parked perpendicularly to a curb.

      9.  Not load or unload passengers or luggage at an intersection or crosswalk or at any place or in any manner that will interfere with the orderly flow of traffic.

      10.  Not carry more than two passengers in the front seat of the taxicab or carry more passengers in the back seat of the taxicab than are authorized by the manufacturer’s recommendations.

      11.  Not leave the taxicab unattended with the key in the ignition lock.

      12.  Operate the taxicab in accordance with all applicable state and local laws and regulations and with due regard for the safety, comfort and convenience of passengers and of the general public.

      (Added to NRS by 1969, 1246; A 1981, 2055)

      NRS 706.8846  Prohibited acts concerning destination of passenger.  With respect to a passenger’s destination, a driver shall not:

      1.  Deceive or attempt to deceive any passenger who rides or desires to ride in the driver’s taxicab.

      2.  Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

      3.  Take a longer route to the passenger’s destination than is necessary, unless specifically requested so to do by the passenger.

      4.  Fail to comply with the reasonable and lawful requests 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  Compliance with passenger’s directions; exceptions.

      1.  A driver shall not refuse or neglect to transport any orderly person to that person’s destination if:

      (a) That person requests the driver to transport the person; and

      (b) The requested destination is within the area allocated to the certificate holder who employs the driver.

      2.  Subsection 1 does not apply if the driver can show beyond a reasonable doubt that:

      (a) The driver has good reason to fear for the driver’s personal safety;

      (b) The taxicab has been previously engaged by another person; or

      (c) The driver is forbidden by law or regulation to carry the person requesting transportation.

      (Added to NRS by 1969, 1247)

      NRS 706.8848  Sanctions imposed by Administrator for certain violations; hearing.

      1.  If a driver violates any provision of NRS 706.8844 to 706.8847, inclusive, the Administrator may impose the following sanctions:

      (a) First offense: Warning notice or a fine of not more than $100, or both warning and fine.

      (b) Second offense: 1 to 3 days’ suspension of a driver’s permit or a fine of not more than $200, or both suspension and fine.

      (c) Third offense: 4 to 6 days’ suspension of a driver’s permit or a fine of not more than $300, or both suspension and fine.

      (d) Fourth offense: 10 days’ suspension of a driver’s permit or a fine of not more than $500, or both suspension and fine.

      (e) Fifth offense: Revocation of a driver’s permit or a fine of not more than $500, or both revocation and fine.

      2.  Only violations occurring in the 12 months immediately preceding the most current violation shall be considered for the purposes of subsection 1. The Administrator shall inspect the driver’s record for that period to compute the number of offenses committed.

      3.  The Administrator shall conduct a hearing prior to suspension or revocation of a driver’s permit or imposing a fine under this section or NRS 706.8849.

      (Added to NRS by 1969, 1247; A 1977, 750)

      NRS 706.8849  Prohibited and required acts of drivers; imposition of sanctions; hearings.

      1.  A taxicab driver shall:

      (a) Ensure that the fare indicator on the taximeter of the taxicab reads zero before the time that the taxicab is engaged.

      (b) Ensure that the taximeter of the taxicab is engaged while the taxicab is on hire.

      (c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.

      (d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.

      (e) Not remove or alter fare schedules which have been posted in the taxicab by the certificate holder.

      (f) Not permit any person or persons other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab requests that the other person or persons ride in the taxicab. If more than one person is loaded by the taxicab driver as set forth in 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 the influence of, or impaired by, any controlled substance, dangerous drug, or intoxicating liquor or drink intoxicating liquor while on duty.

      (h) Not use or consume controlled substances or dangerous drugs which impair a person’s ability to operate a motor vehicle at any time, or use or consume any other controlled substances or dangerous drugs at any time except in accordance with a lawfully issued prescription.

      (i) Not operate a taxicab without a valid driver’s permit issued pursuant to NRS 706.8841 and a valid driver’s license issued pursuant to NRS 483.325 in the driver’s possession.

      (j) Obey all provisions and restrictions of the certificate of public convenience and necessity issued to the driver’s employer.

      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 a driver’s 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 a driver’s 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.

Ê In addition to the other penalties set forth in this subsection, the Administrator may revoke a driver’s permit for any violation of a provision of paragraph (g) of subsection 1.

      3.  Only violations occurring in the 12 months immediately preceding the most current violation may be considered for the purposes of subsection 2. The Administrator shall inspect the driver’s record for that 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  Unlawful acts; criminal penalties; disciplinary action by Taxicab Authority and Administrator.

      1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the Taxicab Authority or the Administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of a misdemeanor.

      2.  The Taxicab Authority or Administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by the Taxicab Authority or Administrator, respectively, for:

      (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the Taxicab Authority or Administrator.

      (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the Taxicab Authority or Administrator.

Ê If a penalty is imposed on the grantee of a certificate pursuant to this section, the Taxicab Authority or Administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the Administrator shall enter a finding of default. Upon a finding of default, the Administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the Administrator may set aside a finding of default and proceed with the hearing.

      4.  Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, the law enforcement officer may cause the vehicle to be towed immediately from the scene.

      5.  The conviction of a person pursuant to subsection 1 does not bar the Taxicab Authority or Administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the Taxicab Authority or Administrator does not operate as a defense in any proceeding 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; 2011, 2688, 3660; 2013, 1039, 2542)