Senate Bill No. 477–Committee on Transportation

 

March 24, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Authorizes Transportation Services Authority of Department of Business and Industry to establish system of allocations for taxicab motor carriers. (BDR 58‑1203)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

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

 

AN ACT relating to taxicabs; authorizing the Transportation Services Authority of the Department of Business and Industry to establish a system of allocations for taxicab motor carriers; authorizing a temporary increase in the allocation of such taxicabs; 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, 3 and 4 of this act.

1-3  Sec. 2.  1.  In determining whether circumstances require

1-4  the establishment of a system of allocations for taxicab motor

1-5  carriers or a change in existing allocations for taxicab motor

1-6  carriers, the Authority shall consider the interests, welfare,

1-7  convenience, necessity and well-being of the customers of

1-8  taxicabs.

1-9  2.  Whenever circumstances require the establishment of a

1-10  system of allocations within a specific county, the Authority shall

1-11  allocate the number of taxicabs among the taxicab motor carriers

1-12  in the county in a manner which reflects the number of taxicabs

1-13  operated by each taxicab motor carrier, and the number of

1-14  taxicabs leased by the taxicab motor carrier to independent

2-1  contractors in accordance with NRS 706.473 and 706.475, during

2-2  the immediately preceding 5 years.

2-3  3.  Whenever circumstances require an increase in the

2-4  existing allocations, the Authority shall allocate the additional

2-5  taxicabs equally among all the taxicab motor carriers who apply

2-6  from the area to be affected by the allocation.

2-7  4.  Unless a taxicab motor carrier puts the additionally

2-8  allocated taxicabs into service within 30 days after the effective

2-9  date of the increased allocation, the increased allocation to that

2-10  taxicab motor carrier is void.

2-11      5.  The Authority may attach to the exercise of the rights

2-12  granted by the allocation any terms and conditions which in its

2-13  judgment the public interest may require. The Authority may limit:

2-14      (a) The geographical area from which service is offered or

2-15  provided.

2-16      (b) The hours of service. Such a limitation must not reduce

2-17  hours of service to less than 12 consecutive hours in a 24-hour

2-18  period.

2-19  If a limitation is placed on an allocation, taxicabs must be marked

2-20  in a distinctive manner that indicates the limitation.

2-21      6.  The Authority shall review annually:

2-22      (a) The existing allocation of taxicabs; and

2-23      (b) The rates, charges or fares of the taxicab motor carriers in

2-24  its jurisdiction.

2-25      Sec. 3.  The Authority may:

2-26      1.  Determine the circumstances that require a temporary

2-27  increase in the number of taxicabs allocated pursuant to section 2

2-28  of this act; and

2-29      2.  Allocate a temporary increase in the number of taxicabs

2-30  pursuant to section 4 of this act when the circumstances require

2-31  the increase.

2-32      Sec. 4.  1.  In determining whether circumstances require a

2-33  temporary increase in the number of taxicabs allocated pursuant

2-34  to section 2 of this act, the Authority shall consider the interests,

2-35  welfare, convenience, necessity and well-being of the customers of

2-36  taxicabs.

2-37      2.  Whenever circumstances require a temporary increase in

2-38  the number of taxicabs allocated pursuant to section 2 of this

2-39  act, the Authority shall allocate the temporary increase equally

2-40  among the taxicab motor carriers in the area to be affected by the

2-41  allocation.

2-42      3.  The Authority shall determine:

2-43      (a) The number of additional taxicabs to be allocated;

2-44      (b) The hours of operation of the additional taxicabs; and

2-45      (c) The duration of the temporary allocation.

3-1  4.  The Authority may adopt regulations governing temporary

3-2  increases in the allocation of taxicabs pursuant to this section.

3-3  Sec. 5.  NRS 706.011 is hereby amended to read as follows:

3-4  706.011  As used in NRS 706.011 to 706.791, inclusive, and

3-5  sections 2, 3 and 4 of this act, unless the context otherwise requires,

3-6  the words and terms defined in NRS 706.013 to 706.146, inclusive,

3-7  have the meanings ascribed to them in those sections.

3-8  Sec. 6.  NRS 706.736 is hereby amended to read as follows:

3-9  706.736  1.  Except as otherwise provided in subsection 2, the

3-10  provisions of NRS 706.011 to 706.791, inclusive, and sections 2, 3

3-11  and 4 of this act do notapply to:

3-12      (a) The transportation by a contractor licensed by the State

3-13  Contractors’ Board of his own equipment in his own vehicles from

3-14  job to job.

3-15      (b) Any person engaged in transporting his own personal effects

3-16  in his own vehicle, but the provisions of this subsection do not apply

3-17  to any person engaged in transportation by vehicle of property sold

3-18  or to be sold, or used by him in the furtherance of any commercial

3-19  enterprise other than as provided in paragraph (d), or to the carriage

3-20  of any property for compensation.

3-21      (c) Special mobile equipment.

3-22      (d) The vehicle of any person, when that vehicle is being used in

3-23  the production of motion pictures, including films to be shown in

3-24  theaters and on television, industrial training and educational films,

3-25  commercials for television and video discs and tapes.

3-26      (e) A private motor carrier of property which is used for any

3-27  convention, show, exhibition, sporting event, carnival, circus or

3-28  organized recreational activity.

3-29      (f) A private motor carrier of property which is used to attend

3-30  livestock shows and sales.

3-31      2.  Unless exempted by a specific state statute or a specific

3-32  federal statute, regulation or rule, any person referred to in

3-33  subsection 1 is subject to:

3-34      (a) The provisions of paragraph (d) of subsection 1 of NRS

3-35  706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457

3-36  and 706.458.

3-37      (b) All rules and regulations adopted by reference pursuant to

3-38  paragraph (b) of subsection 1 of NRS 706.171 concerning the safety

3-39  of drivers and vehicles.

3-40      (c) All standards adopted by regulation pursuant to

3-41  NRS 706.173.

3-42      3.  The provisions of NRS 706.311 to 706.453, inclusive,

3-43  706.471, 706.473, 706.475 and 706.6411 and sections 2, 3 and 4 of

3-44  this act which authorize the Authority to issue:

4-1  (a) Except as otherwise provided in paragraph (b), certificates of

4-2  public convenience and necessity and contract carriers’ permits and

4-3  to regulate rates, routes and services apply only to fully regulated

4-4  carriers.

4-5  (b) Certificates of public convenience and necessity to operators

4-6  of tow cars and to regulate rates for towing services performed

4-7  without the prior consent of the owner of the vehicle or the person

4-8  authorized by the owner to operate the vehicle apply to operators of

4-9  tow cars.

4-10      4.  Any person who operates pursuant to a claim of an

4-11  exemption provided by this section but who is found to be operating

4-12  in a manner not covered by any of those exemptions immediately

4-13  becomes liable, in addition to any other penalties provided in this

4-14  chapter, for the fee appropriate to his actual operation as prescribed

4-15  in this chapter, computed from the date when that operation began.

4-16      Sec. 7.  NRS 706.756 is hereby amended to read as follows:

4-17      706.756  1.  Except as otherwise provided in subsection 2, any

4-18  person who:

4-19      (a) Operates a vehicle or causes it to be operated in any carriage

4-20  to which the provisions of NRS 706.011 to 706.861, inclusive, and

4-21  sections 2, 3 and 4 of this act apply without first obtaining a

4-22  certificate, permit or license, or in violation of the terms thereof;

4-23      (b) Fails to make any return or report required by the provisions

4-24  of NRS 706.011 to 706.861, inclusive, and sections 2, 3 and 4 of

4-25  this act or by the Authority or the Department pursuant to the

4-26  provisions of NRS 706.011 to 706.861, inclusive[;] , and sections

4-27  2, 3 and 4 of this act;

4-28      (c) Violates, or procures, aids or abets the violating of, any

4-29  provision of NRS 706.011 to 706.861, inclusive[;] , and sections 2 ,

4-30  3 and 4 of this act;

4-31      (d) Fails to obey any order, decision or regulation of the

4-32  Authority or the Department;

4-33      (e) Procures, aids or abets any person in his failure to obey such

4-34  an order, decision or regulation of the Authority or the Department;

4-35      (f) Advertises, solicits, proffers bids or otherwise holds himself

4-36  out to perform transportation as a common or contract carrier in

4-37  violation of any of the provisions of NRS 706.011 to 706.861,

4-38  inclusive[;] , and sections 2, 3 and 4 of this act;

4-39      (g) Advertises as providing:

4-40          (1) The services of a fully regulated carrier; or

4-41          (2) Towing services,

4-42  without including the number of his certificate of public

4-43  convenience and necessity or contract carrier’s permit in each

4-44  advertisement;

5-1  (h) Knowingly offers, gives, solicits or accepts any rebate,

5-2  concession or discrimination in violation of the provisions of this

5-3  chapter;

5-4  (i) Knowingly, willfully and fraudulently seeks to evade or

5-5  defeat the purposes of this chapter;

5-6  (j) Operates or causes to be operated a vehicle which does not

5-7  have the proper identifying device;

5-8  (k) Displays or causes or permits to be displayed a certificate,

5-9  permit, license or identifying device, knowing it to be fictitious or to

5-10  have been cancelled, revoked, suspended or altered;

5-11      (l) Lends or knowingly permits the use of by one not entitled

5-12  thereto any certificate, permit, license or identifying device issued to

5-13  the person so lending or permitting the use thereof; or

5-14      (m) Refuses or fails to surrender to the Authority or Department

5-15  any certificate, permit, license or identifying device which has been

5-16  suspended, cancelled or revoked pursuant to the provisions of this

5-17  chapter,

5-18  is guilty of a misdemeanor, and upon conviction thereof shall be

5-19  punished by a fine of not less than $100 nor more than $1,000, or by

5-20  imprisonment in the county jail for not more than 6 months, or by

5-21  both fine and imprisonment.

5-22      2.  A person convicted of a misdemeanor for a violation of the

5-23  provisions of NRS 706.386 or 706.421 shall be punished:

5-24      (a) For the first offense, by a fine of not less than $500 nor more

5-25  than $1,000;

5-26      (b) For a second offense within 12 consecutive months and each

5-27  subsequent offense, by a fine of $1,000; or

5-28      (c) For any offense, by imprisonment in the county jail for not

5-29  more than 6 months, or by both the prescribed fine and

5-30  imprisonment.

5-31      3.  Any person who operates or permits the operation of a

5-32  vehicle in passenger service without a certificate of public

5-33  convenience and necessity issued pursuant to NRS 706.391 is guilty

5-34  of a gross misdemeanor. If a law enforcement officer witnesses a

5-35  violation of this subsection, he may cause the vehicle to be towed

5-36  immediately from the scene.

5-37      4.  The fines provided in this section are mandatory and must

5-38  not be reduced under any circumstances by the court.

5-39      5.  Any bail allowed must not be less than the appropriate fine

5-40  provided for by this section.

 

5-41  H