Senate Bill No. 192–Committee on Transportation
(On
Behalf of the Transportation
Services Authority)
February 21, 2003
____________
Referred to Committee on Transportation
SUMMARY—Makes various changes to provisions governing certain motor carriers and drivers. (BDR 58‑537)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to transportation; revising provisions governing the regulation of certain motor carriers and drivers; imposing an annual fee upon certain motor carriers; requiring drivers of certain motor carriers to obtain a driver’s permit from the Transportation Services Authority; imposing a fee for the issuance and renewal of such a permit; increasing certain filing fees; prohibiting persons who do not hold a certificate of public convenience and necessity or contract carrier’s permit from advertising as a fully regulated carrier; authorizing the disconnection or switching of telephone, beeper and paging numbers included in such advertising; prohibiting discriminatory conduct by certain motor carriers and drivers; revising provisions relating to certificates of public convenience and necessity and permits; increasing the annual fee to operate a tow car; revising provisions governing the impoundment of certain vehicles; revising provisions relating to driver’s permits issued by the Taxicab Authority; revising provisions administered by the Taxicab Authority; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 706 of NRS is hereby amended by adding
1-2 thereto the provisions set forth as sections 2 to 13, inclusive, of this
1-3 act.
1-4 Sec. 2. 1. “Driver of a fully regulated carrier of
1-5 passengers” means a person who:
1-6 (a) Is employed to drive a vehicle of a fully regulated carrier of
1-7 passengers; or
1-8 (b) Is an independent contractor and is authorized to lease and
1-9 drive a vehicle of a fully regulated carrier of passengers pursuant
1-10 to NRS 706.011 to 706.791, inclusive, and sections 2 to 11,
1-11 inclusive, of this act, and the regulations adopted pursuant
1-12 thereto.
1-13 2. The term includes, without limitation, a person who is the
1-14 lessee of a taxicab pursuant to NRS 706.473.
1-15 3. The term does not include a person who drives:
1-16 (a) A vehicle of a carrier whose certificate is limited to
1-17 providing charter service by bus; or
1-18 (b) A vehicle used by a transportation service for disabled
1-19 persons if the person is certified as an emergency medical
1-20 technician pursuant to chapter 450B of NRS.
1-21 Sec. 3. 1. “Fully regulated carrier of passengers” means a
1-22 common motor carrier of passengers or contract motor carrier of
1-23 passengers that is required to obtain from the Authority a
1-24 certificate of public convenience and necessity, except for a carrier
1-25 whose certificate is limited to providing charter service by bus.
1-26 2. The term includes, without limitation, a carrier that
1-27 operates a taxicab or limousine.
1-28 Sec. 4. “Limousine” includes, without limitation, a
1-29 traditional limousine and a livery limousine.
1-30 Sec. 5. 1. A fully regulated carrier shall pay to the
1-31 Authority:
1-32 (a) A fee of $100 on July 1, 2003;
1-33 (b) A fee of $50 on January 1, 2004; and
1-34 (c) Beginning on July 1, 2004, and on July 1 of each year
1-35 thereafter, a fee of not more than $200,
1-36 for each motor vehicle that the Authority has authorized the
1-37 carrier to operate.
1-38 2. The provisions of this section do not apply to:
1-39 (a) A taxicab motor carrier;
1-40 (b) An operator of a tow car; or
1-41 (c) An operator of a transportation service for disabled persons
1-42 with respect to those motor vehicles that are driven by persons who
2-1 are certified as emergency medical technicians pursuant to
2-2 chapter 450B of NRS.
2-3 Sec. 5.5. 1. It is unlawful for any person to advertise
2-4 services for which a certificate of public convenience and necessity
2-5 or a contract carrier’s permit is required pursuant to NRS 706.011
2-6 to 706.791, inclusive, and sections 2 to 11, inclusive, of this act,
2-7 unless the person has been issued such a certificate or permit.
2-8 2. If, after notice and a hearing, the Authority determines
2-9 that a person has engaged in advertising in a manner that violates
2-10 the provisions of this section, the Authority may, in addition to any
2-11 penalty, punishment or disciplinary action authorized by the
2-12 provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to
2-13 11, inclusive, of this act, issue an order to the person to cease and
2-14 desist the unlawful advertising and to:
2-15 (a) Cause any telephone number included in the advertising,
2-16 other than a telephone number to a provider of paging services, to
2-17 be disconnected.
2-18 (b) Request the provider of paging services to change the
2-19 number of any beeper which is included in the advertising or
2-20 disconnect the paging services to such a beeper, and to inform the
2-21 provider of paging services that the request is made pursuant to
2-22 this section.
2-23 3. If a person fails to comply with paragraph (a) of subsection
2-24 2 within 5 days after the date that he receives an order pursuant to
2-25 subsection 2, the Authority may request the Commission to order
2-26 the appropriate provider of telephone service to disconnect any
2-27 telephone number included in the advertisement, except for a
2-28 telephone number to a provider of paging services. If a person
2-29 fails to comply with paragraph (b) of subsection 2 within 5 days
2-30 after the date he receives an order pursuant to subsection 2, the
2-31 Authority may request the provider of paging services to switch
2-32 the beeper number or disconnect the paging services provided to
2-33 the person, whichever the provider deems appropriate.
2-34 4. If the provider of paging services receives a request from a
2-35 person pursuant to subsection 2 or a request from the Authority
2-36 pursuant to subsection 3, it shall:
2-37 (a) Disconnect the paging service to the person; or
2-38 (b) Switch the beeper number of the paging service provided to
2-39 the person.
2-40 If the provider of paging services elects to switch the number
2-41 pursuant to paragraph (b), the provider shall not forward or offer
2-42 to forward the paging calls from the previous number, or provide
2-43 or offer to provide a recorded message that includes the new
2-44 beeper number.
2-45 5. As used in this section:
3-1 (a) “Advertising” includes, but is not limited to, the issuance of
3-2 any sign, card or device, or the permitting or allowing of any sign
3-3 or marking on a motor vehicle, in any building, structure,
3-4 newspaper, magazine or airway transmission, on the Internet or in
3-5 any directory under the listing of “fully regulated carrier” with or
3-6 without any limiting qualifications.
3-7 (b) “Beeper” means a portable electronic device which is used
3-8 to page the person carrying it by emitting an audible or a vibrating
3-9 signal when the device receives a special radio signal.
3-10 (c) “Provider of paging services” means an entity, other than a
3-11 public utility, that provides paging service to a beeper.
3-12 (d) “Provider of telephone service” has the meaning ascribed
3-13 to it in NRS 707.355.
3-14 Sec. 6. 1. A member or the Deputy of the Authority shall
3-15 issue a driver’s permit to each qualified person who wishes to be a
3-16 driver of a fully regulated carrier of passengers and who complies
3-17 with the requirements for the issuance of a driver’s permit.
3-18 2. Before a member or the Deputy of the Authority may issue
3-19 a driver’s permit to an applicant, the member or Deputy shall:
3-20 (a) Require the applicant to submit a complete set of his
3-21 fingerprints and written permission authorizing the Authority to
3-22 forward the fingerprints to the Central Repository for Nevada
3-23 Records of Criminal History for submission to the Federal Bureau
3-24 of Investigation to ascertain whether the applicant has a criminal
3-25 record and the nature of any such record, and shall further
3-26 investigate the applicant’s background; and
3-27 (b) Require proof that:
3-28 (1) If the applicant is a resident of this state, the applicant
3-29 has a valid and appropriate license issued pursuant to NRS
3-30 483.340 which authorizes the applicant to drive in this state the
3-31 vehicle that he will be driving for the fully regulated carrier of
3-32 passengers; and
3-33 (2) If the applicant is a resident of a state other than
3-34 Nevada and his residence is located within 50 miles of the
3-35 boundary of this state, require proof that the applicant has a valid
3-36 and appropriate license issued by his state of residence which
3-37 authorizes the applicant to drive the vehicle that he will be driving
3-38 in this state for the fully regulated carrier of passengers. The
3-39 Authority may require such an applicant to provide proof
3-40 satisfactory to the Authority that the applicant is a resident of a
3-41 state other than Nevada and his residence is located within 50
3-42 miles of the boundary of this state.
3-43 3. A member or the Deputy of the Authority may refuse to
3-44 issue a driver’s permit to an applicant if the applicant has been
3-45 convicted of:
4-1 (a) A felony, other than a sexual offense, in this state or any
4-2 other jurisdiction within the 5 years immediately preceding the
4-3 date on which he filed his application;
4-4 (b) A felony involving any sexual offense in this state or any
4-5 other jurisdiction at any time before the date on which he filed his
4-6 application; or
4-7 (c) A violation of NRS 484.379 or 484.3795, or a law in
4-8 another jurisdiction that prohibits the same or similar conduct,
4-9 within the 3 years immediately preceding the date on which he
4-10 filed his application.
4-11 4. A member or the Deputy of the Authority may refuse to
4-12 issue a driver’s permit to an applicant who has been convicted of
4-13 an offense involving moral turpitude.
4-14 5. A driver’s permit issued pursuant to this section is valid for
4-15 1 year and may be renewed.
4-16 6. A person must pay to the Authority:
4-17 (a) A fee of $50 for the issuance of an original driver’s permit.
4-18 (b) A fee of $50 for the renewal of a driver’s permit.
4-19 Sec. 7. 1. In addition to any other requirements, a person
4-20 who applies for the issuance or renewal of a driver’s permit shall
4-21 submit to the Authority:
4-22 (a) In any application for issuance of a driver’s permit, the
4-23 social security number of the applicant and the statement
4-24 prescribed by the Welfare Division of the Department of Human
4-25 Resources pursuant to NRS 425.520. The statement must be
4-26 completed and signed by the applicant.
4-27 (b) In any application for renewal of a driver’s permit, the
4-28 statement prescribed by the Welfare Division of the Department of
4-29 Human Resources pursuant to NRS 425.520. The statement must
4-30 be completed and signed by the applicant.
4-31 2. The Authority shall include the statement required
4-32 pursuant to subsection 1 in:
4-33 (a) The application or any other forms that must be submitted
4-34 for the issuance or renewal of the driver’s permit; or
4-35 (b) A separate form prescribed by the Authority.
4-36 3. The Authority shall not issue or renew a driver’s permit if
4-37 the applicant:
4-38 (a) Fails to submit the statement required pursuant to
4-39 subsection 1; or
4-40 (b) Indicates on the statement submitted pursuant to
4-41 subsection 1 that he is subject to a court order for the support of a
4-42 child and is not in compliance with the order or a plan approved
4-43 by the district attorney or other public agency enforcing the order
4-44 for the repayment of the amount owed pursuant to the order.
5-1 4. If an applicant indicates on the statement submitted
5-2 pursuant to subsection 1 that he is subject to a court order for the
5-3 support of a child and is not in compliance with the order or a
5-4 plan approved by the district attorney or other public agency
5-5 enforcing the order for the repayment of the amount owed
5-6 pursuant to the order, the Authority shall advise the applicant to
5-7 contact the district attorney or other public agency enforcing the
5-8 order to determine the actions that the applicant may take to
5-9 satisfy the arrearage.
5-10 Sec. 8. 1. If the Authority receives a copy of a court order
5-11 issued pursuant to NRS 425.540 that provides for the suspension
5-12 of all professional, occupational and recreational licenses,
5-13 certificates and permits issued to a person who is the holder of a
5-14 driver’s permit, the Authority shall deem the driver’s permit issued
5-15 to that person to be suspended at the end of the 30th day after the
5-16 date on which the court order was issued unless the Authority
5-17 receives a letter issued to the holder of the driver’s permit by the
5-18 district attorney or other public agency pursuant to NRS 425.550
5-19 stating that the holder of the driver’s permit has complied with the
5-20 subpoena or warrant or has satisfied the arrearage pursuant to
5-21 NRS 425.560.
5-22 2. The Authority shall reinstate a driver’s permit that has
5-23 been suspended by a district court pursuant to NRS 425.540 if the
5-24 Authority receives a letter issued by the district attorney or other
5-25 public agency pursuant to NRS 425.550 to the person whose
5-26 driver’s permit was suspended stating that the person whose
5-27 driver’s permit was suspended has complied with the subpoena or
5-28 warrant or has satisfied the arrearage pursuant to NRS 425.560.
5-29 Sec. 9. 1. A fully regulated carrier of passengers shall not
5-30 accept an application for employment from or enter into a lease
5-31 with a person who wishes to be a driver of the fully regulated
5-32 carrier of passengers unless the person submits to the carrier a
5-33 physician’s certificate which complies with the provisions of this
5-34 section and which is issued by a physician who is licensed to
5-35 practice medicine in this state or who holds a license to practice
5-36 medicine issued by any other state.
5-37 2. A physician shall issue a physician’s certificate and two
5-38 copies thereof to a person who wishes to be a driver of a fully
5-39 regulated carrier of passengers if the physician finds that the
5-40 person meets the applicable health requirements established by the
5-41 Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et
5-42 seq.
5-43 3. A physician’s certificate that is issued pursuant to this
5-44 section must:
6-1 (a) State that the physician has examined the person and has
6-2 found that the person meets the applicable health requirements
6-3 established by the Federal Motor Carrier Safety Regulations, 49
6-4 C.F.R. §§ 391.41 et seq.; and
6-5 (b) Be signed and dated by the physician issuing the
6-6 certificate.
6-7 4. A physician’s certificate that is issued pursuant to this
6-8 section expires 2 years after the date on which it was issued and
6-9 may be renewed.
6-10 Sec. 10. 1. A fully regulated carrier of passengers shall not
6-11 employ, enter into a lease with, or require or allow a person to be a
6-12 driver of the fully regulated carrier of passengers and a person
6-13 shall not operate as a driver of a fully regulated carrier of
6-14 passengers unless:
6-15 (a) The person has obtained and has on his person:
6-16 (1) A driver’s license issued to the person by:
6-17 (I) This state pursuant to NRS 483.010 to 483.630,
6-18 inclusive; or
6-19 (II) If the person is a resident of a state other than
6-20 Nevada and his residence is located within 50 miles of the
6-21 boundary of this state, by the state in which the person is a
6-22 resident;
6-23 (2) A driver’s permit issued to the person by a member or
6-24 the Deputy of the Authority pursuant to section 6 of this act; and
6-25 (3) A copy of the physician’s certificate issued to the person
6-26 by a physician pursuant to section 9 of this act; and
6-27 (b) If the person intends to operate as a driver of a taxicab
6-28 motor carrier, the person has met any additional qualifications
6-29 that have been established by ordinance pursuant to NRS 268.097.
6-30 2. At the time that a fully regulated carrier of passengers
6-31 employs or enters into a lease with a person to be a driver of the
6-32 fully regulated carrier of passengers, the carrier shall:
6-33 (a) Provide the person with a complete copy of NRS 706.011 to
6-34 706.791, inclusive, and sections 2 to 11, inclusive, of this act, and
6-35 any regulations adopted pursuant thereto; and
6-36 (b) Require the person to sign a statement acknowledging that
6-37 he has received a complete copy of NRS 706.011 to 706.791,
6-38 inclusive, and sections 2 to 11, inclusive, of this act, and any
6-39 regulations adopted pursuant thereto, and has read and
6-40 familiarized himself with the provisions included therein.
6-41 Sec. 11. (Deleted by amendment.)
6-42 Sec. 12. 1. In addition to any other requirements, a person
6-43 who applies for the issuance or renewal of a driver’s permit shall
6-44 submit to the Administrator:
7-1 (a) In any application for issuance of a driver’s permit, the
7-2 social security number of the applicant and the statement
7-3 prescribed by the Welfare Division of the Department of Human
7-4 Resources pursuant to NRS 425.520. The statement must be
7-5 completed and signed by the applicant.
7-6 (b) In any application for renewal of a driver’s permit, the
7-7 statement prescribed by the Welfare Division of the Department of
7-8 Human Resources pursuant to NRS 425.520. The statement must
7-9 be completed and signed by the applicant.
7-10 2. The Administrator shall include the statement required
7-11 pursuant to subsection 1 in:
7-12 (a) The application or any other forms that must be submitted
7-13 for the issuance or renewal of the driver’s permit; or
7-14 (b) A separate form prescribed by the Administrator.
7-15 3. The Administrator shall not issue or renew a driver’s
7-16 permit if the applicant:
7-17 (a) Fails to submit the statement required pursuant to
7-18 subsection 1; or
7-19 (b) Indicates on the statement submitted pursuant to
7-20 subsection 1 that he is subject to a court order for the support of a
7-21 child and is not in compliance with the order or a plan approved
7-22 by the district attorney or other public agency enforcing the order
7-23 for the repayment of the amount owed pursuant to the order.
7-24 4. If an applicant indicates on the statement submitted
7-25 pursuant to subsection 1 that he is subject to a court order for the
7-26 support of a child and is not in compliance with the order or a
7-27 plan approved by the district attorney or other public agency
7-28 enforcing the order for the repayment of the amount owed
7-29 pursuant to the order, the Administrator shall advise the applicant
7-30 to contact the district attorney or other public agency enforcing
7-31 the order to determine the actions that the applicant may take to
7-32 satisfy the arrearage.
7-33 Sec. 13. 1. If the Administrator receives a copy of a court
7-34 order issued pursuant to NRS 425.540 that provides for the
7-35 suspension of all professional, occupational and recreational
7-36 licenses, certificates and permits issued to a person who is the
7-37 holder of a driver’s permit, the Administrator shall deem the
7-38 driver’s permit issued to that person to be suspended at the end of
7-39 the 30th day after the date on which the court order was issued
7-40 unless the Administrator receives a letter issued to the holder of
7-41 the driver’s permit by the district attorney or other public agency
7-42 pursuant to NRS 425.550 stating that the holder of the driver’s
7-43 permit has complied with the subpoena or warrant or has satisfied
7-44 the arrearage pursuant to NRS 425.560.
8-1 2. The Administrator shall reinstate a driver’s permit that has
8-2 been suspended by a district court pursuant to NRS 425.540 if the
8-3 Administrator receives a letter issued by the district attorney or
8-4 other public agency pursuant to NRS 425.550 to the person whose
8-5 driver’s permit was suspended stating that the person whose
8-6 driver’s permit was suspended has complied with the subpoena or
8-7 warrant or has satisfied the arrearage pursuant to NRS 425.560.
8-8 Sec. 14. NRS 706.011 is hereby amended to read as follows:
8-9 706.011 As used in NRS 706.011 to 706.791, inclusive, and
8-10 sections 2 to 11, inclusive, of this act, unless the context otherwise
8-11 requires, the words and terms defined in NRS 706.013 to 706.146,
8-12 inclusive, and sections 2, 3 and 4 of this act have the meanings
8-13 ascribed to them in those sections.
8-14 Sec. 15. NRS 706.168 is hereby amended to read as follows:
8-15 706.168 1. The authority of the Transportation Services
8-16 Authority to supervise and regulate [motor] carriers , drivers and
8-17 brokers respectively, to the extent provided in this chapter, must be
8-18 exercised separately. A [motor] carrier is responsible only for his
8-19 own acts and [those of his employees or agents who are not
8-20 brokers.] for any acts that the carrier knowingly required or
8-21 allowed a driver, employee, agent or broker to perform. A broker is
8-22 responsible only for his own acts and [those of his employees or
8-23 agents who are not motor carriers.]for any acts that the broker
8-24 knowingly required or allowed an employee or agent to perform.
8-25 2. The provisions of this section do not relieve a carrier from
8-26 any obligation under its certificate of public convenience and
8-27 necessity or from its duty to comply with this chapter and the
8-28 regulations adopted pursuant thereto.
8-29 Sec. 16. NRS 706.197 is hereby amended to read as follows:
8-30 706.197 1. [The] Except as otherwise provided in this
8-31 section, the Authority may charge and collect fees for any
8-32 application or for the filing of any official document required by
8-33 this chapter or by a regulation of the Authority.
8-34 2. Filing fees may not exceed:
8-35 (a) For applications, $200.
8-36 (b) For petitions seeking affirmative relief, $200.
8-37 (c) For each tariff page that requires public notice and is not
8-38 attached to an application, $10. If more than one page is filed at one
8-39 time, the total fee may not exceed the cost of notice and publication.
8-40 (d) For all other documents that require public notice, [$10.]
8-41 $75.
8-42 3. If an application or other document is rejected by the
8-43 Authority because it is inadequate or inappropriate, the application
8-44 fee or filing fee must be returned.
9-1 4. The Authority may not charge or collect any fee for the
9-2 filing of a complaint.
9-3 Sec. 17. NRS 706.2885 is hereby amended to read as follows:
9-4 706.2885 1. A certificate of public convenience and
9-5 necessity, permit or license issued in accordance with this chapter is
9-6 not a franchise and may be revoked.
9-7 2. [The Authority may at any time, for good cause shown,]
9-8 Except as otherwise provided in this section and NRS 706.398,
9-9 after investigation and hearing and upon 5 days’ written notice to
9-10 the [grantee, suspend any] holder of a certificate, permit or license
9-11 issued pursuant to NRS 706.011 to 706.791, inclusive, and
9-12 sections 2 to 11, inclusive, of this act, the Authority may:
9-13 (a) Suspend, for good cause shown, the holder’s certificate,
9-14 permit or license [issued in accordance with the provisions of NRS
9-15 706.011 to 706.791, inclusive,] for a period not to exceed 60 days.
9-16 [3. Upon receipt of a written complaint or on its own motion,
9-17 the Authority may, after investigation and hearing, revoke any]
9-18 (b) Revoke the holder’s certificate, permit or license[. If
9-19 service] if the holder has:
9-20 (1) Violated any provision of NRS 706.011 to 706.791,
9-21 inclusive, and sections 2 to 11, inclusive, of this act or any
9-22 regulation adopted pursuant thereto; or
9-23 (2) Knowingly required or allowed any driver, employee,
9-24 agent or broker of the holder to violate any provision of NRS
9-25 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of
9-26 this act or any regulation adopted pursuant thereto.
9-27 3. The Authority may, without a hearing, suspend or revoke
9-28 the holder’s certificate, permit or license and impose any other
9-29 penalties authorized by NRS 706.011 to 706.791, inclusive, and
9-30 sections 2 to 11, inclusive, of this act if:
9-31 (a) Service of the notice required by subsection 2 cannot be
9-32 made [or if the grantee] ;
9-33 (b) The holder waives the right to a hearing; or
9-34 (c) The holder relinquishes his interest in the certificate, permit
9-35 or license by so notifying the Authority in writing . [, the Authority
9-36 may revoke the certificate, permit or license without a hearing.
9-37 4. The proceedings thereafter are governed by]
9-38 4. If the holder of a certificate, permit or license fails to
9-39 appear at the time and place set forth in the notice for any
9-40 hearing, the Authority shall enter a finding of default. Upon the
9-41 entering of a finding of default, the Authority may suspend or
9-42 revoke the holder’s certificate, permit or license and impose any
9-43 other penalties authorized by NRS 706.011 to 706.791, inclusive,
9-44 and sections 2 to 11, inclusive, of this act. For good cause shown,
10-1 the Authority may set aside a finding of default entered pursuant
10-2 to this subsection and proceed with a hearing on the matter.
10-3 5. If the Authority suspends or revokes a certificate, permit or
10-4 license or imposes any other penalties authorized by NRS 706.011
10-5 to 706.791, inclusive, and sections 2 to 11, inclusive, of this act,
10-6 the person aggrieved by the decision of the Authority may seek
10-7 judicial review pursuant to the provisions of chapter 233B of NRS.
10-8 Sec. 18. NRS 706.361 is hereby amended to read as follows:
10-9 706.361 1. A person with a disability is entitled to the full
10-10 and equal enjoyment of the facilities of any common motor carrier
10-11 of passengers, contract motor carrier of passengers or other entity
10-12 providing a means of public conveyance and transportation
10-13 operating within this state.
10-14 2. A common motor carrier of passengers, a contract motor
10-15 carrier of passengers and any other [entities] entity providing a
10-16 means of public conveyance and transportation operating within
10-17 this state shall designate a person responsible for ensuring that the
10-18 carrier or entity complies with the applicable provisions of the
10-19 Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to
10-20 12213, inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations
10-21 adopted pursuant to that act.
10-22 3. The person designated pursuant to subsection 2 shall
10-23 conduct training sessions for the employees of the carrier or entity
10-24 [.] and for the independent contractors who are drivers of the
10-25 carrier or entity. Each such employee and independent contractor
10-26 must be provided at least 3 hours of training during one or more
10-27 training sessions. The training must be completed not later than 3
10-28 months after the employee begins his employment with the carrier
10-29 or entity or the independent contractor begins driving for the
10-30 carrier or entity. During the training sessions, the designee shall:
10-31 (a) Describe the [carrier’s] plan of the carrier or entity for
10-32 compliance with the Americans with Disabilities Act of 1990 and
10-33 the regulations adopted pursuant to that act;
10-34 (b) Explain the obligations of the employees and independent
10-35 contractors to assist a person with a disability to store a mobility
10-36 device;
10-37 (c) Explain the illegality of charging an additional fee or a
10-38 higher fare to a person with a disability; and
10-39 (d) Ensure that each employee and independent contractor is
10-40 trained in accordance with the requirements of 49 C.F.R. § 37.173.
10-41 4. It is unlawful for any person to deny any of the privileges
10-42 granted by subsection 1.
10-43 5. It is unlawful for any common motor carrier[,] of
10-44 passengers, contract motor carrier of passengers or other entity
11-1 providing a means of public conveyance or transportation operating
11-2 within this state, to:
11-3 (a) Deny the equal enjoyment of its services and facilities to a
11-4 person with a disability by the arbitrary, capricious or unreasonable
11-5 interference, direct or indirect, with the use of aids and appliances
11-6 used by a person with a disability;
11-7 (b) Fail to designate a person pursuant to subsection 2; or
11-8 (c) Fail to conduct the training sessions in the manner described
11-9 in subsection 3.
11-10 6. It is unlawful for a driver of any common motor carrier of
11-11 passengers, contract motor carrier of passengers or other entity
11-12 providing a means of public conveyance or transportation
11-13 operating within this state, to:
11-14 (a) Deny the equal enjoyment of the services and facilities of
11-15 the driver, carrier or entity to a person with a disability by the
11-16 arbitrary, capricious or unreasonable interference, direct or
11-17 indirect, with the use of aids and appliances used by a person with
11-18 a disability; or
11-19 (b) Fail to complete the training sessions in the manner
11-20 described in subsection 3.
11-21 7. As used in this section, “disability” has the meaning ascribed
11-22 to it in 49 C.F.R. § 37.3.
11-23 Sec. 19. NRS 706.366 is hereby amended to read as follows:
11-24 706.366 1. It is unlawful for [a] any common motor carrier of
11-25 passengers , contract motor carrier of passengers or other entity
11-26 providing a means of public conveyance or transportation operating
11-27 [in] within this state , or for a driver of such a carrier or entity, to:
11-28 (a) Refuse service to a visually, aurally or physically
11-29 handicapped person because he is accompanied by a guide dog,
11-30 hearing dog, helping dog or other service animal;
11-31 (b) Refuse service to a person who is training a guide dog,
11-32 hearing dog, helping dog or other service animal because he is
11-33 accompanied by such an animal; or
11-34 (c) Charge an additional fee for such an animal.
11-35 2. This section does not relieve a visually, aurally or physically
11-36 handicapped person or a person who trains a guide dog, hearing dog,
11-37 helping dog or other service animal from liability for damage which
11-38 may be caused by his animal.
11-39 3. Visually, aurally or physically handicapped persons
11-40 accompanied by guide dogs, hearing dogs, helping dogs or other
11-41 service animals are subject to the same conditions and limitations
11-42 that apply to persons who are not so handicapped and accompanied.
11-43 4. [For the purposes of] As used in this section, the terms
11-44 “guide dog,” “hearing dog,” “helping dog” and “service animal”
12-1 have the meanings ascribed to them respectively in NRS 426.075,
12-2 426.081, 426.083 and 426.097.
12-3 Sec. 20. NRS 706.386 is hereby amended to read as follows:
12-4 706.386 [It is unlawful, except] Except as otherwise provided
12-5 in NRS 373.117, 706.446, 706.453 and 706.745, it is unlawful for
12-6 any person to operate as a fully regulated common motor carrier [to
12-7 operate as a carrier of] within this state in intrastate commerce [and]
12-8 or for any operator of a tow car to perform towing services within
12-9 this state without first obtaining a certificate of public convenience
12-10 and necessity from the Authority.
12-11 Sec. 21. NRS 706.391 is hereby amended to read as follows:
12-12 706.391 1. Upon the filing of an application for a certificate
12-13 of public convenience and necessity to operate as a common motor
12-14 carrier , other than an operator of a tow car, or an application for
12-15 modification of such a certificate, the Authority shall fix a time and
12-16 place for a hearing [thereon.] on the application.
12-17 2. The Authority shall [issue such a] grant the certificate or
12-18 modification if it finds that:
12-19 (a) The applicant is financially and operationally fit, willing
12-20 and able to perform the services of a common motor carrier[;] and
12-21 that the operation of, and the provision of such services by, the
12-22 applicant as a common motor carrier will foster sound economic
12-23 conditions within the applicable industry;
12-24 (b) The proposed operation or the proposed modification will
12-25 be consistent with the legislative policies set forth in NRS 706.151;
12-26 (c) The granting of the certificate or modification will not
12-27 unreasonably and adversely affect other carriers operating in the
12-28 territory for which the certificate or modification is sought; [and]
12-29 (d) The proposed [service] operation or the proposed
12-30 modification will benefit and protect the safety and convenience of
12-31 the traveling and shipping public and the motor carrier business in
12-32 this state [.] ;
12-33 (e) The proposed operation, or service under the proposed
12-34 modification, will be provided on a continuous basis;
12-35 (f) The market identified by the applicant as the market which
12-36 the applicant intends to serve will support the proposed operation
12-37 or proposed modification; and
12-38 (g) The applicant has paid all fees and costs related to the
12-39 application.
12-40 3. The Authority shall not find that the potential creation of
12-41 competition in a territory which may be caused by the granting of [a
12-42 certificate,] the certificate or modification, by itself, will
12-43 unreasonably and adversely affect other carriers operating in the
12-44 territory for the purposes of paragraph (c) of subsection 2.
13-1 4. [An] In determining whether the applicant is fit to perform
13-2 the services of a common motor carrier pursuant to paragraph (a)
13-3 of subsection 2, the Authority shall consider whether the applicant
13-4 has violated any provision of chapter 706 of NRS or any
13-5 regulations adopted pursuant thereto.
13-6 5. The applicant for [such a certificate has] the certificate or
13-7 modification:
13-8 (a) Has the burden of proving to the Authority that the proposed
13-9 operation or the proposed modification will meet the requirements
13-10 of subsection 2[.
13-11 5.] ; and
13-12 (b) Must pay the amounts billed to the applicant by the
13-13 Authority for the costs incurred by the Authority in conducting
13-14 any investigation regarding the applicant and the application.
13-15 6. The Authority may issue or modify a certificate of public
13-16 convenience and necessity to operate as a common motor carrier, or
13-17 issue or modify it for:
13-18 (a) The exercise of the privilege sought.
13-19 (b) The partial exercise of the privilege sought.
13-20 [6.] 7. The Authority may attach to the certificate such terms
13-21 and conditions as, in its judgment, the public interest may require.
13-22 [7.] 8. The Authority may dispense with the hearing on the
13-23 application if, upon the expiration of the time fixed in the notice
13-24 thereof, no petition to intervene has been filed on behalf of any
13-25 person who has filed a protest against the granting of the certificate
13-26 [.] or modification.
13-27 Sec. 22. NRS 706.398 is hereby amended to read as follows:
13-28 706.398 [The] In accordance with the procedural
13-29 requirements set forth in NRS 706.2885, the Authority:
13-30 1. Shall revoke or suspend[, pursuant to the provisions of this
13-31 chapter,] the certificate of public convenience and necessity of a
13-32 common motor carrier which has failed to:
13-33 (a) File the annual report required by NRS 706.167 within 60
13-34 days after the report is due; or
13-35 (b) Operate as a carrier of intrastate commerce in this state under
13-36 the terms and conditions of its certificate,
13-37 unless the carrier has obtained the prior permission of the Authority.
13-38 2. May revoke or suspend[, pursuant to the provisions of NRS
13-39 706.2885,] the certificate of public convenience and necessity of a
13-40 common motor carrier which has [failed to comply with] :
13-41 (a) Violated any provision of [this chapter] NRS 706.011 to
13-42 706.791, inclusive, and sections 2 to 11, inclusive, of this act or
13-43 any regulation [of the Authority] adopted pursuant thereto[.] ; or
13-44 (b) Knowingly required or allowed any driver, employee, agent
13-45 or broker of the carrier to violate any provision of NRS 706.011 to
14-1 706.791, inclusive, and sections 2 to 11, inclusive, of this act or
14-2 any regulation adopted pursuant thereto.
14-3 Sec. 23. NRS 706.411 is hereby amended to read as follows:
14-4 706.411 Every order [refusing or] of the Authority granting or
14-5 refusing to grant any [certificates] certificate of public convenience
14-6 and necessity[,] or granting or refusing [permission to discontinue,
14-7 modify or restrict service] to grant any modification of a certificate
14-8 of public convenience and necessity is prima facie lawful from the
14-9 date of the order until changed or modified by the order of the
14-10 Authority pursuant to the provisions of this chapter.
14-11 Sec. 24. NRS 706.421 is hereby amended to read as follows:
14-12 706.421 It is unlawful for any person to operate as a contract
14-13 motor carrier [to act as such] within this state in intrastate commerce
14-14 without first [having obtained] obtaining a permit [therefor.] for the
14-15 operation.
14-16 Sec. 25. NRS 706.436 is hereby amended to read as follows:
14-17 706.436 Any person who has been denied a permit to [act]
14-18 operate as a contract motor carrier after hearing may not file a
14-19 similar application with the Authority covering the same type of
14-20 service and over the same route or routes or in the same territory for
14-21 which the permit was denied except after the expiration of 180 days
14-22 after the date the permit was denied.
14-23 Sec. 26. NRS 706.4463 is hereby amended to read as follows:
14-24 706.4463 1. In addition to the other requirements of this
14-25 chapter, each operator of a tow car shall, to protect the health, safety
14-26 and welfare of the public:
14-27 (a) Obtain a certificate of public convenience and necessity from
14-28 the Authority before he provides any services other than those
14-29 services which he provides as a private motor carrier of property
14-30 pursuant to the provisions of this chapter;
14-31 (b) Use a tow car of sufficient size and weight which is
14-32 appropriately equipped to transport safely the vehicle which is being
14-33 towed; and
14-34 (c) Comply with the provisions of NRS 706.011 to 706.791,
14-35 inclusive[.] , and sections 2 to 11, inclusive, of this act.
14-36 2. A person who wishes to obtain a certificate of public
14-37 convenience and necessity to operate a tow car or to modify such a
14-38 certificate must file an application with the Authority.
14-39 3. The Authority shall [issue a certificate of public convenience
14-40 and necessity to an operator of a tow car] grant the certificate or
14-41 modification if it determines that the applicant:
14-42 (a) Complies with the requirements of paragraphs (b) and (c) of
14-43 subsection 1;
14-44 (b) Complies with the requirements of the regulations adopted
14-45 by the Authority pursuant to the provisions of this chapter;
15-1 (c) Has provided evidence that he has filed with the Authority a
15-2 liability insurance policy, a certificate of insurance or a bond of a
15-3 surety and bonding company or other surety required for every
15-4 operator of a tow car pursuant to the provisions of NRS 706.291;
15-5 [and]
15-6 (d) Has provided evidence that he has filed with the Authority
15-7 schedules and tariffs pursuant to subsection 2 of NRS 706.321[.
15-8 4. An] ; and
15-9 (e) Has paid all fees and costs related to the application.
15-10 4. The applicant for [a certificate has] the certificate or
15-11 modification:
15-12 (a) Has the burden of proving to the Authority that the proposed
15-13 operation or the proposed modification will meet the requirements
15-14 of subsection 3[.] ; and
15-15 (b) Must pay the amounts billed to the applicant by the
15-16 Authority for the costs incurred by the Authority in conducting
15-17 any investigation regarding the applicant and the application.
15-18 5. The Authority may hold a hearing to determine whether [an]
15-19 the applicant is entitled to [a] the certificate or modification only if:
15-20 (a) Upon the expiration of the time fixed in the notice [that an
15-21 application for a certificate of public convenience and necessity is
15-22 pending,] of the application, a petition to intervene has been granted
15-23 by the Authority; or
15-24 (b) The Authority finds that after reviewing the information
15-25 provided by the applicant and inspecting the operations of the
15-26 applicant, it cannot make a determination as to whether the applicant
15-27 has complied with the requirements of subsection 3.
15-28 Sec. 27. NRS 706.451 is hereby amended to read as follows:
15-29 706.451 1. Each owner or operator of a tow car subject to the
15-30 jurisdiction of the Authority shall, before commencing to operate or
15-31 continuing operation after July 1, 1971, and annually thereafter, pay
15-32 to the Authority , for each tow car operated, a fee of not more than
15-33 [$36.] $75.
15-34 2. The fee provided in this section must be paid on or before
15-35 January 1 of each year.
15-36 3. The initial fee must be reduced one-twelfth for each month
15-37 which has elapsed since the beginning of the calendar year before
15-38 July 1, 1971, for those tow cars lawfully operating on that date or
15-39 before the commencement of operation of each tow car commencing
15-40 operation after July 1, 1971.
15-41 4. Any person who fails to pay any fee on or before the date
15-42 provided in this section shall pay a penalty of 10 percent of the
15-43 amount of the fee plus interest on the amount of the fee at the rate of
15-44 1 percent per month or fraction of a month from the date the fee is
15-45 due until the date of payment.
16-1 Sec. 28. NRS 706.476 is hereby amended to read as follows:
16-2 706.476 Except as otherwise provided in NRS 706.478:
16-3 1. A vehicle used [as a taxicab, limousine or other passenger
16-4 vehicle in passenger service] by any person or entity in this state to
16-5 provide any kind of transportation of passengers or property that
16-6 is subject to the jurisdiction of the Authority must be impounded
16-7 by the Authority if a valid and appropriate certificate [of public
16-8 convenience and necessity] , permit or license has not been issued
16-9 authorizing [its operation.] the operation of the vehicle. A hearing
16-10 must be held by the Authority [no] not later than the conclusion of
16-11 the second normal business day after impoundment, weekends and
16-12 holidays excluded. As soon as practicable after impoundment, the
16-13 Authority shall notify the registered owner of the vehicle[:
16-14 (a) That the registered owner of the vehicle must post a bond in
16-15 the amount of $20,000 to ensure his presence at all proceedings held
16-16 pursuant to this section;
16-17 (b) Of the] of:
16-18 (a) The time set for the hearing; and
16-19 [(c) Of his]
16-20 (b) His right to be represented by counsel during all phases of
16-21 the proceedings.
16-22 2. The Authority shall hold the vehicle until the registered
16-23 owner of the vehicle appears and[:
16-24 (a) Proves that he] proves that:
16-25 (a) He is the registered owner of the vehicle;
16-26 (b) [Proves that he] He holds a valid and appropriate certificate
16-27 [of public convenience and necessity;
16-28 (c) Proves that the] , permit or license authorizing the
16-29 operation of the vehicle; and
16-30 (c) The vehicle meets all required standards of the Authority . [;
16-31 and
16-32 (d) Posts a bond in the amount of $20,000 with the
16-33 Authority.]
16-34 The Authority shall return the vehicle to its registered owner when
16-35 the owner meets the requirements of this subsection and pays all
16-36 costs of impoundment.
16-37 3. If the registered owner is unable to meet the requirements of
16-38 paragraph (b) or (c) of subsection 2, the Authority may assess an
16-39 administrative fine against the registered owner for each such
16-40 violation in the amount of $5,000. The maximum amount of the
16-41 administrative fine that may be assessed against a registered owner
16-42 for a single impoundment of his vehicle pursuant to this section is
16-43 $10,000. The Authority shall return the vehicle after any
16-44 administrative fine imposed pursuant to this subsection and all costs
16-45 of impoundment have been paid.
17-1 Sec. 29. NRS 706.6411 is hereby amended to read as follows:
17-2 706.6411 1. All motor carriers, other than operators of tow
17-3 cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, and
17-4 sections 2 to 11, inclusive, of this act to whom the certificates,
17-5 permits and licenses provided by NRS 706.011 to 706.791,
17-6 inclusive, and sections 2 to 11, inclusive, of this act have been
17-7 issued may transfer them to another carrier, other than an operator
17-8 of a tow car, qualified pursuant to NRS 706.011 to 706.791,
17-9 inclusive, and sections 2 to 11, inclusive, of this act but no such
17-10 transfer is valid for any purpose until a joint application to make the
17-11 transfer has been made to the Authority by the transferor and
17-12 the transferee, and the Authority has authorized the substitution of
17-13 the transferee for the transferor. No transfer of stock of a corporate
17-14 motor carrier subject to the jurisdiction of the Authority is valid
17-15 without the prior approval of the Authority if the effect of the
17-16 transfer would be to change the corporate control of the carrier or if
17-17 a transfer of 15 percent or more of the common stock of the carrier
17-18 is proposed.
17-19 2. Except as otherwise provided in subsection 3, the Authority
17-20 shall fix a time and place for a hearing to be held unless the
17-21 application is made to transfer the certificate from a natural person
17-22 or partners to a corporation whose controlling stockholders will be
17-23 substantially the same person or partners, and may hold a hearing to
17-24 consider such an application.
17-25 3. The Authority may also dispense with the hearing on the
17-26 joint application to transfer if, upon the expiration of the time fixed
17-27 in the notice thereof, no protest against the transfer of the certificate
17-28 or permit has been filed by or in behalf of any interested person.
17-29 4. In determining whether or not the transfer of a certificate of
17-30 public convenience and necessity or a permit to [act] operate as a
17-31 contract motor carrier should be authorized, the Authority shall
17-32 consider:
17-33 (a) The service which has been performed by the transferor and
17-34 that which may be performed by the transferee.
17-35 (b) Other authorized facilities for transportation in the territory
17-36 for which the transfer is sought.
17-37 (c) Whether or not the transferee is fit, willing and able to
17-38 perform the services of a common or contract motor carrier by
17-39 vehicle and whether or not the proposed operation would be
17-40 consistent with the legislative policy set forth in NRS 706.151.
17-41 5. Upon a transfer made pursuant to this section, the Authority
17-42 may make such amendments, restrictions or modifications in a
17-43 certificate or permit as the public interest may require.
17-44 6. No transfer is valid beyond the life of the certificate, permit
17-45 or license transferred.
18-1 Sec. 30. NRS 706.756 is hereby amended to read as follows:
18-2 706.756 1. Except as otherwise provided in [subsection 2,]
18-3 this section, any person who:
18-4 (a) Operates a vehicle or causes it to be operated in any carriage
18-5 to which the provisions of NRS 706.011 to 706.861, inclusive, and
18-6 sections 2 to 11, inclusive, of this act apply without first obtaining
18-7 [a] any certificate, permit or license[,] required for the operation,
18-8 or in violation of the terms [thereof;] of any certificate, permit or
18-9 license required for the operation;
18-10 (b) Fails to make any return or report required by the provisions
18-11 of NRS 706.011 to 706.861, inclusive, and sections 2 to 11,
18-12 inclusive, of this act, or by the Authority or the Department
18-13 pursuant to the provisions of NRS 706.011 to 706.861, inclusive[;] ,
18-14 and sections 2 to 11, inclusive, of this act;
18-15 (c) Violates[,] or procures, aids or abets the [violating of,]
18-16 violation of any provision of NRS 706.011 to 706.861, inclusive[;]
18-17 , and sections 2 to 11, inclusive, of this act or any regulation
18-18 adopted pursuant thereto or knowingly requires or allows any
18-19 driver, employee, agent or broker to violate or procure, aid or abet
18-20 the violation of any provision of NRS 706.011 to 706.861,
18-21 inclusive, and sections 2 to 11, inclusive, of this act or any
18-22 regulation adopted pursuant thereto;
18-23 (d) Fails to obey any order, decision or regulation of the
18-24 Authority or the Department;
18-25 (e) Procures, aids or abets any person in his failure to obey such
18-26 an order, decision or regulation of the Authority or the Department;
18-27 (f) Advertises, solicits, proffers bids or otherwise holds himself
18-28 out to perform transportation as a common or contract motor carrier
18-29 in violation of any of the provisions of NRS 706.011 to 706.861,
18-30 inclusive[;] , and sections 2 to 11, inclusive, of this act;
18-31 (g) Advertises as providing:
18-32 (1) The services of a fully regulated carrier; or
18-33 (2) Towing services,
18-34 without including the number of his certificate of public
18-35 convenience and necessity or contract carrier’s permit in each
18-36 advertisement;
18-37 (h) Knowingly offers, gives, solicits or accepts any rebate,
18-38 concession or discrimination in violation of the provisions of this
18-39 chapter;
18-40 (i) Knowingly, willfully and fraudulently seeks to evade or
18-41 defeat the purposes of this chapter;
18-42 (j) Operates or causes to be operated a vehicle which does not
18-43 have the proper identifying device;
19-1 (k) Displays or causes or permits to be displayed a certificate,
19-2 permit, license or identifying device, knowing it to be fictitious or to
19-3 have been canceled, revoked, suspended or altered;
19-4 (l) Lends or knowingly permits the use of by one not entitled
19-5 thereto any certificate, permit, license or identifying device issued to
19-6 the person so lending or permitting the use thereof; [or]
19-7 (m) Refuses or fails to surrender to the Authority or the
19-8 Department any certificate, permit, license or identifying device
19-9 which has been suspended, canceled or revoked pursuant to the
19-10 provisions of this chapter[,] ; or
19-11 (n) Knowingly makes or causes to be made, directly or
19-12 indirectly, a false statement on any application, account or other
19-13 statement required by or filed with the Authority,
19-14 is guilty of a misdemeanor[, and upon conviction thereof] and shall
19-15 be punished by a fine of not less than $100 nor more than $1,000 . [,
19-16 or] In addition to the fine, the person may be punished by
19-17 imprisonment in the county jail for not more than 6 months . [, or by
19-18 both fine and imprisonment.
19-19 2. A person convicted of a misdemeanor for a]
19-20 2. Except as otherwise provided in subsection 3, any person
19-21 who, in violation of the provisions of NRS 706.386 , operates as a
19-22 fully regulated common motor carrier or as an operator of a tow
19-23 car without first obtaining a certificate of public convenience and
19-24 necessity or any person who, in violation of the provisions of NRS
19-25 706.421 , operates as a contract motor carrier without first
19-26 obtaining a permit is guilty of a misdemeanor and shall be
19-27 punished:
19-28 (a) For [the] a first offense[,] within a period of 12 consecutive
19-29 months, by a fine of not less than $500 nor more than $1,000 . [;] In
19-30 addition to the fine, the person may be punished by imprisonment
19-31 in the county jail for not more than 6 months.
19-32 (b) For a second offense within a period of 12 consecutive
19-33 months and for each subsequent offense[,] that is committed within
19-34 a period of 12 consecutive months of any prior offense under this
19-35 subsection, by a fine of $1,000 . [; or
19-36 (c) For any offense,] In addition to the fine, the person may be
19-37 punished by imprisonment in the county jail for not more than 6
19-38 months . [, or by both the prescribed fine and imprisonment.]
19-39 3. Any person who , in violation of the provisions of NRS
19-40 706.386 , operates or permits the operation of a vehicle in passenger
19-41 service without first obtaining a certificate of public convenience
19-42 and necessity [issued pursuant to NRS 706.391] is guilty of a gross
19-43 misdemeanor.
19-44 4. If a law enforcement officer witnesses a violation of [this
19-45 subsection, he] any provision of subsection 2 or 3, the law
20-1 enforcement officer may cause the vehicle to be towed immediately
20-2 from the scene[.
20-3 4.] and impounded in accordance with NRS 706.476.
20-4 5. The fines provided in this section are mandatory and must
20-5 not be reduced under any circumstances by the court.
20-6 [5.] 6. Any bail allowed must not be less than the appropriate
20-7 fine provided for by this section.
20-8 7. The conviction of a person pursuant to this chapter does
20-9 not prohibit the Authority or another agency or officer from
20-10 seeking a civil remedy or penalty, imposing an administrative fine,
20-11 or suspending or revoking any certificate, permit or license of the
20-12 person convicted. The imposition of a civil remedy or penalty or an
20-13 administrative fine or the suspension or revocation of a certificate,
20-14 permit or license by the Authority or another agency or officer
20-15 does not operate as a defense in any criminal proceeding brought
20-16 pursuant to this chapter.
20-17 Sec. 31. NRS 706.881 is hereby amended to read as follows:
20-18 706.881 1. The provisions of NRS [706.8811] 706.881 to
20-19 706.885, inclusive, and sections 12 and 13 of this act apply to any
20-20 county:
20-21 (a) Whose population is 400,000 or more; or
20-22 (b) For whom regulation by the Taxicab Authority is not
20-23 required, if the board of county commissioners of the county has
20-24 enacted an ordinance approving the inclusion of the county within
20-25 the jurisdiction of the Taxicab Authority.
20-26 2. Upon receipt of a certified copy of such an ordinance from a
20-27 county for whom regulation by the Taxicab Authority is not
20-28 required, the Taxicab Authority shall exercise its regulatory
20-29 authority pursuant to NRS [706.8811] 706.881 to 706.885,
20-30 inclusive, and sections 12 and 13 of this act within that county.
20-31 3. Within any such county, the provisions of this chapter which
20-32 confer regulatory authority over taxicab motor carriers upon the
20-33 Transportation Services Authority do not apply.
20-34 Sec. 32. NRS 706.8811 is hereby amended to read as follows:
20-35 706.8811 As used in NRS 706.881 to 706.885, inclusive, and
20-36 sections 12 and 13 of this act, unless the context otherwise requires,
20-37 the words and terms defined in NRS 706.8812 to 706.8817,
20-38 inclusive, have the meanings ascribed to them in those sections.
20-39 Sec. 33. (Deleted by amendment.)
20-40 Sec. 34. NRS 706.8841 is hereby amended to read as follows:
20-41 706.8841 1. The Administrator shall issue a driver’s permit
20-42 to qualified persons who wish to be employed by certificate holders
20-43 as taxicab drivers[.] and who comply with the requirements for the
20-44 issuance of a driver’s permit.
20-45 2. Before issuing a driver’s permit, the Administrator shall:
21-1 (a) Require the applicant to submit a complete set of his
21-2 fingerprints[, which must be forwarded] and written permission
21-3 authorizing the Administrator to forward the fingerprints to the
21-4 Central Repository for Nevada Records of Criminal History for
21-5 submission to the Federal Bureau of Investigation to ascertain
21-6 whether the applicant has a criminal record and the nature of any
21-7 such record, and shall further investigate the applicant’s
21-8 background; and
21-9 (b) Require proof that the applicant:
21-10 (1) Has been a resident of the State for 30 days before his
21-11 application for a permit;
21-12 (2) Can read and orally communicate in the English
21-13 language; and
21-14 (3) Has a valid license issued under NRS 483.325 which
21-15 authorizes him to drive a taxicab in this state.
21-16 [2.] 3. The Administrator may refuse to issue a driver’s permit
21-17 if the applicant has been convicted of:
21-18 (a) A felony, other than a felony involving any sexual offense,
21-19 in this state or any other jurisdiction within 5 years before the date
21-20 of the application;
21-21 (b) A felony involving any sexual offense in this state or any
21-22 other jurisdiction at any time before the date of the application; or
21-23 (c) A violation of NRS 484.379 or 484.3795 , or a law of any
21-24 other jurisdiction that prohibits the same or similar conduct , within
21-25 3 years before the date of the application.
21-26 [3.] 4. The Administrator may refuse to issue a driver’s permit
21-27 if the Administrator, after the background investigation of the
21-28 applicant, determines that the applicant is morally unfit or if the
21-29 issuance of the driver’s permit would be detrimental to public
21-30 health, welfare or safety.
21-31 [4.] 5. A taxicab driver shall pay to the Administrator, in
21-32 advance, $20 for an original driver’s permit and $5 for a renewal.
21-33 Sec. 35. NRS 706.885 is hereby amended to read as follows:
21-34 706.885 1. Any person who knowingly makes or causes to be
21-35 made, either directly or indirectly, a false statement on an
21-36 application, account or other statement required by the Taxicab
21-37 Authority or the Administrator or who violates any of the provisions
21-38 of NRS 706.881 to 706.885, inclusive, and sections 12 and 13 of
21-39 this act is guilty of a misdemeanor.
21-40 2. The Taxicab Authority or Administrator may at any time, for
21-41 good cause shown and upon at least 5 days’ notice to the grantee of
21-42 any certificate or driver’s permit, and after a hearing unless waived
21-43 by the grantee, penalize the grantee of a certificate to a maximum
21-44 amount of $15,000 or penalize the grantee of a driver’s permit to a
22-1 maximum amount of $500 , or suspend or revoke the certificate or
22-2 driver’s permit granted by it or him, respectively, for:
22-3 (a) Any violation of any provision of NRS 706.881 to 706.885,
22-4 inclusive, and sections 12 and 13 of this act or any regulation of the
22-5 Taxicab Authority or Administrator.
22-6 (b) Knowingly permitting or requiring any employee to violate
22-7 any provision of NRS 706.881 to 706.885, inclusive, and sections
22-8 12 and 13 of this act or any regulation of the Taxicab Authority or
22-9 Administrator.
22-10 If a penalty is imposed on the grantee of a certificate pursuant to this
22-11 section, the Taxicab Authority or Administrator may require the
22-12 grantee to pay the costs of the proceeding, including investigative
22-13 costs and attorney’s fees.
22-14 3. When a driver or certificate holder fails to appear at the time
22-15 and place stated in the notice for the hearing, the Administrator shall
22-16 enter a finding of default. Upon a finding of default, the
22-17 Administrator may suspend or revoke the license, permit or
22-18 certificate of the person who failed to appear and impose the
22-19 penalties provided in this chapter. For good cause shown, the
22-20 Administrator may set aside a finding of default and proceed with
22-21 the hearing.
22-22 4. Any person who operates or permits a taxicab to be operated
22-23 in passenger service without a certificate of public convenience and
22-24 necessity issued pursuant to NRS 706.8827[,] is guilty of a gross
22-25 misdemeanor. If a law enforcement officer witnesses a violation of
22-26 this subsection, [he] the law enforcement officer may cause the
22-27 vehicle to be towed immediately from the scene[.] and impounded
22-28 in accordance with NRS 706.88395.
22-29 5. The conviction of a person pursuant to [subsection 1] this
22-30 chapter does not bar the Taxicab Authority [or] , the Administrator ,
22-31 or another agency or officer from seeking a civil remedy or
22-32 penalty, imposing an administrative fine, or suspending or
22-33 revoking any certificate, permit or license of the person convicted.
22-34 The imposition of a civil remedy or penalty or an administrative
22-35 fine or the suspension or revocation of any certificate, permit or
22-36 license by the Taxicab Authority [or] , the Administrator , or
22-37 another agency or officer does not operate as a defense in any
22-38 criminal proceeding brought [under subsection 1.] pursuant to this
22-39 chapter.
22-40 Sec. 36. NRS 268.097 is hereby amended to read as follows:
22-41 268.097 1. Except as otherwise provided in [subsections 2
22-42 and 3,] this section, notwithstanding the provisions of any local,
22-43 special or general law, after July 1, 1963, the governing body of any
22-44 incorporated city in this state, whether incorporated by general or
22-45 special act[,] or otherwise, may not supervise or regulate any
23-1 taxicab motor carrier as defined in NRS 706.126 which is under the
23-2 supervision and regulation of the Transportation Services Authority
23-3 pursuant to law.
23-4 2. The governing body of any incorporated city in this state,
23-5 whether incorporated by general or special act[,] or otherwise, may
23-6 fix, impose and collect a license tax on and from a taxicab motor
23-7 carrier for revenue purposes only.
23-8 3. The governing body of any incorporated city in any county
23-9 in which the provisions of NRS [706.8811] 706.881 to 706.885,
23-10 inclusive, and sections 12 and 13 of this act do not apply, whether
23-11 incorporated by general or special act[,] or otherwise, may regulate
23-12 by ordinance the qualifications required of employees or lessees of a
23-13 taxicab motor carrier in a manner consistent with the provisions of
23-14 NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive,
23-15 of this act and the regulations adopted by the Transportation
23-16 Services Authority.
23-17 Sec. 37. 1. Notwithstanding the provisions of this act, before
23-18 March 1, 2004, if a person is not in compliance with the provisions
23-19 of sections 6 to 11, inclusive, of this act, a fully regulated carrier of
23-20 passengers may employ, enter into a lease with, or require or allow
23-21 the person to be a driver of the fully regulated carrier of passengers
23-22 and the person may operate as a driver of the fully regulated carrier
23-23 of passengers without being in compliance with the provisions of
23-24 sections 6 to 11, inclusive, of this act.
23-25 2. On and after March 1, 2004, each fully regulated carrier of
23-26 passengers and each person who is or who wishes to be a driver of a
23-27 fully regulated carrier of passengers shall comply with the
23-28 provisions of sections 6 to 11, inclusive, of this act.
23-29 Sec. 38. 1. Notwithstanding the provisions of this act, before
23-30 March 1, 2004, the provisions of this act do not preempt any
23-31 ordinance enacted pursuant to NRS 268.097 which regulates the
23-32 qualifications of a driver of a taxicab motor carrier.
23-33 2. On and after March 1, 2004, the provisions of this act do not
23-34 preempt any ordinance enacted pursuant to NRS 268.097 which
23-35 regulates the qualifications of a driver of a taxicab motor carrier if
23-36 the ordinance may be enforced in a manner consistent with the
23-37 provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to
23-38 11, inclusive, of this act and the regulations adopted by the
23-39 Transportation Services Authority.
23-40 Sec. 39. 1. This act becomes effective upon passage and
23-41 approval.
23-42 2. The provisions of sections 7, 8, 12 and 13 of this act expire
23-43 by limitation on the date on which the provisions of 42 U.S.C. § 666
23-44 requiring each state to establish procedures under which the State
24-1 has authority to withhold or suspend, or to restrict the use of
24-2 professional, occupational and recreational licenses of persons who:
24-3 (a) Have failed to comply with a subpoena or warrant relating to
24-4 a procedure to determine the paternity of a child or to establish or
24-5 enforce an obligation for the support of a child; or
24-6 (b) Are in arrears in the payment for the support of one or more
24-7 children,
24-8 are repealed by the Congress of the United States.
24-9 H