[Rev. 10/17/2008 10:47:35 AM]
REGULATION AND LICENSING OF MOTOR CARRIERS
General Provisions
706.010 Definitions.
706.012 “Advertise” and “advertising” defined.
706.013 “Agent” defined.
706.015 “Airport transfer service” defined.
706.018 “Application” defined.
706.0185 “Authority” defined.
706.019 “Authorized carrier” defined.
706.021 “Broker” defined.
706.022 “Bus” defined.
706.025 “Business district” defined.
706.030 “Certificate” defined.
706.0305 “Certificate holder” defined.
706.0315 “Chairman” defined.
706.032 “Charter order” defined.
706.034 “Charter service by bus” defined.
706.036 “Charter service by limousine” defined.
706.038 “City” defined.
706.039 “Commissioner” defined.
706.041 “Common motor carrier” defined.
706.042 “Complaint” defined.
706.044 “Contract motor carrier” defined.
706.048 “Department” defined.
706.050 “Deputy Commissioner” defined.
706.054 “Employee” defined.
706.058 “Equipment” defined.
706.060 “Exclusive use” defined.
706.062 “Fully regulated carrier” defined.
706.064 “Gross weight” defined.
706.065 “Hazardous material” defined.
706.0655 “Hearing” defined.
706.066 “Highway” defined.
706.067 “Household goods” defined.
706.069 “Independent contractor” defined.
706.070 “Interchange of equipment” defined.
706.076 “Lease” defined.
706.080 “Livery limousine” defined.
706.081 “Motion” defined.
706.083 “Motor carrier” defined.
706.084 “Motor vehicle” defined.
706.086 “Multiple charter” defined.
706.090 “On call” and “on-call” defined.
706.091 “On call over irregular routes” defined.
706.092 “Operating authority” defined.
706.094 “Owner” defined.
706.096 “Party of record” defined.
706.0965 “Permit” defined.
706.097 “Petition” defined.
706.100 “Pleading” defined.
706.1015 “Prearranged” defined.
706.102 “Presiding officer” defined.
706.103 “Rebuttal” defined.
706.1045 “Regular business hours” defined.
706.105 “Regular route” defined.
706.111 “Restored theme or antique vehicle” defined.
706.112 “Scenic tour” defined.
706.117 “Shipper” defined.
706.118 “Similar equipment” defined.
706.119 “Special services” defined.
706.120 “Staff of the Authority” defined.
706.121 “Taxicab” defined.
706.123 “Taximeter” defined.
706.124 “Traditional limousine” defined.
706.129 “Vehicle” defined.
706.1295 Severability.
706.1305 Deviation from regulations.
706.1315 Computation and extension of time.
706.132 Payment of fees, remittances and administrative fines.
706.1325 Public records; filing and confidentiality of certain information.
706.133 Rejection of documents.
706.1335 Receipt of written communications and documents.
706.1345 Deputy Commissioner: General duties.
706.135 Deputy Commissioner: Administrative duties.
706.1355 Public notice of application or tariff filing.
Applications Relating to Licenses, Certificates and Permits for Motor Carriers
706.1372 License to operate as common, contract or private motor carrier of property.
706.1375 Certificates and permits: General requirements; omissions and deficiencies.
706.1376 Certificate to operate tow car.
706.1377 Certificate to provide intrastate charter service by bus.
Tariffs for Motor Carriers
706.138 Definitions.
706.1381 “Rate” defined.
706.1382 “Supplement” or “tariff” defined.
706.1383 Scope.
706.1384 Application to change tariff or for approval of revision or modification to contract.
706.1385 Form and format for tariffs and supplements.
706.1386 Transmittal letter.
706.1387 Table of contents, index and list of certificates required for tariff.
706.1388 Tariff with change of condition.
706.1389 Posting of tariffs.
706.139 Participation in rates by tariff bureau.
Regulation of Motor Carriers Generally
706.140 Required compliance and instruction.
706.147 Provider of free shuttle service: Consideration as common motor carrier.
706.149 Equity capital: Minimum requirement; proof; failure to comply.
706.152 Determination of financial ability and investigation of applicant; dismissal of incomplete application.
706.155 Notice of application for certificate or permit; hearing.
706.158 No property right in grant of authority.
706.161 Limitations on shipments of express and light express.
706.164 Commencement of operations.
706.167 Use of trade or fictitious name.
706.170 Identification on vehicles.
706.175 Carriers required to obtain warehouse permits: Proof of insurance.
706.191 Insurance.
706.192 Programs of self-insurance.
706.193 Evidence of insurance; change in information.
706.194 Interference with inspections.
706.197 Statement required in bid to provide service as contract motor carrier.
706.200 Submission of bills of charges; payment of accounts.
706.203 Maintenance of records.
706.206 Notification of corporate changes; approval of sale of corporate control.
706.208 Lease of equipment by authorized carrier: Generally.
706.209 Lease of replacement equipment by authorized carrier.
706.210 Lease of vehicle by common motor carrier for use as traditional limousine or livery limousine.
706.211 Lease of vehicle by common motor carrier authorized to provide off-road scenic tours.
706.212 Prohibited rentals, leases and sales.
706.213 Requirements for lease; term.
706.215 Leases by private motor carriers.
706.218 Annual reports by fully regulated carriers.
706.221 Buses: Sign designating destination or service provided.
706.224 Time schedules.
706.227 Change of schedules.
706.228 Solicitation of passengers.
706.229 Requirements for employee who drives traditional limousine or livery limousine.
706.230 Designation of registered agent.
706.232 Prohibited operations by contract motor carriers.
706.236 Sanitary terminals required.
706.239 Provision of special services.
706.242 Agreements to interchange equipment.
706.243 Operator of interchanged equipment.
706.245 Deviations from and restrictions on regular routes.
706.247 Adoption and enforcement of federal regulations for motor carrier safety.
706.248 Adoption of and compliance with federal regulations for transportation of passengers with disabilities.
706.250 Agreement to manage business of authorized carrier.
706.254 Adoption of federal regulation for emergency use of motor carriers for defense.
706.257 Agreements between carriers: Filing.
706.260 Agreements between carriers: Independence of parties.
706.263 Agreements between carriers: Terms.
706.269 Agreements between carriers: Retention of records.
706.272 Subsequent contracts of contract motor carriers.
706.274 Limitation on number of contracts and shippers under contract.
706.276 Required contents and duration of contracts with shippers.
706.278 Adoption of and compliance with federal regulations against discrimination on basis of disability.
706.279 List of supervisory employees of carrier.
706.280 List of brokers used by carrier.
706.281 Notice of certain contact information: Common motor carrier authorized to provide charter service by limousine.
706.282 Notice of certain contact information: Operator of tow car and common carrier of household goods.
706.283 Notice of certain contact information: Fully regulated carrier.
Regulation of Common or Contract Motor Carriers of Property, Other Than Fully Regulated Carriers, and Private Motor Carriers
706.285 “Private motor carrier” defined.
706.287 Written approval: “Common carrier of property” interpreted.
706.288 Insurance.
706.294 Evidence of insurance.
706.297 Adoption and enforcement of federal regulations for motor carrier safety.
Rates and Services
706.302 Common and contract motor carriers.
706.305 Changes in rates: Protest.
706.307 Posting proposed changes in rates.
706.311 Uniform rates; authorization of commission or referral fee; list of designated agents.
706.312 Common motor carriers of household goods: Estimate of charges.
706.314 Transmittal letter; indication of change in rates.
706.317 Rates for intermediate points.
706.320 Contents of schedule of rates and fares.
706.321 Public inspection of schedule of rates and fares.
706.323 Common and contract carriers: On-call service.
706.326 Contract carriers: Written contract or bill of lading.
706.327 Manifests for common and contract motor carriers of commodities.
706.329 Prohibited acts.
706.333 Claims for lost or damaged freight or baggage.
706.334 Carriers of household goods: Notification of liability coverage.
706.335 Carriers of household goods: Bill for payment.
706.340 Limitation on schedules for carriers operating on call.
706.342 Inclusion of certain geographical points in tariffs.
706.345 Tariffs and orders for scenic tours.
706.348 Provision of airport transfer service.
706.352 Multiple charters: Payment for each individual charter service by bus or charter service by limousine.
706.353 Provision of charter service by limousine.
706.354 Charter orders.
706.355 Charges for charter service by bus and charter service by limousine.
706.356 Interruption of service.
706.359 Temporary transfer of operating rights.
706.360 Use of vehicles beyond scope of authority prohibited.
706.361 Compensation for services of driver.
Limousine Drivers
706.3611 Prohibited acts.
706.3612 Hours of service.
General Provisions for Operating and Leasing Taxicabs
706.3613 Applicability.
706.3615 Annual fee for operation.
706.362 Posting schedule of rates and map of zones; display of name and city of carrier.
706.363 Display of informational placard; enforcement.
706.365 Denial of service; passengers; change of route.
706.368 Territory served by driver.
706.371 Control by certificate holder; prohibited sales and leases.
706.374 Solicitation of bus passengers prohibited.
706.3741 “TX” plates; enforcement.
706.3742 Cruising lights; unit designation numbers; certificate numbers; insignia; color scheme; enforcement.
706.3743 Central dispatch facility; equipment for communication; requests by telephone for service; enforcement.
706.3744 Equipment to indicate driver requires assistance; enforcement.
706.3745 Requirements for vehicles placed into service for first time in certain counties; exemption; enforcement.
706.3746 Electronic taximeter; amber light; enforcement.
706.3747 Trip sheets; enforcement.
706.3748 Violent crime against driver on duty; notification of certificate holders and Authority; dissemination of information regarding crime.
706.3749 Accidents.
706.375 Lease of vehicle for use as taxicab.
706.3751 Requirements for employee or independent contractor who drives taxicab.
706.3752 Leasing of taxicab to independent contractor: Security deposit.
706.3753 Leasing of taxicab to independent contractor: Requirements for lease agreement; enforcement.
706.3754 Leasing of taxicab to independent contractor: Requirements for copy of lease agreement; enforcement.
706.3758 Taximeters: Inspection and seal; enforcement.
706.376 Drivers: Standards of conduct.
706.3761 Drivers: Hours of service.
706.3762 Drivers: Use of taxicab for crime.
Transportation of Hazardous Material
706.377 Adoption and enforcement of federal regulations.
Inspection and Maintenance
706.379 Inspection of vehicles by carrier; standards for maintenance of vehicles; special equipment for certain vehicles; withdrawal of substandard vehicles.
706.380 Daily withdrawal of vehicles; return to service.
706.381 Inspection of vehicles by Authority; removal of vehicles from service; maintenance of records.
Transfer of Certificates, Permits and Licenses
706.386 Duplications.
706.389 Effect of cessation of operations.
706.392 Division of operating rights.
706.393 Approval or denial of transfer.
Practice Before Nevada Transportation Authority
706.3933 Scope; applicability of Nevada Rules of Civil Procedure.
706.3934 Construction.
706.3935 Nature of proceedings.
706.3936 Parties: Classification of parties.
706.3937 Parties: Notice to parties.
706.3938 Parties: Rights of staff of Authority.
706.3939 Parties: Rights of parties.
706.394 Parties: Appearances.
706.3941 Parties: Representation of parties; qualifications of attorneys.
706.3942 Parties: Withdrawal of representative.
706.3943 Parties: Conduct required.
706.3944 Confidentiality of information: Definitions.
706.3945 Confidentiality of information: “Information” defined.
706.3946 Confidentiality of information: “Person” defined.
706.3947 Confidentiality of information: “Protective agreement” defined.
706.3948 Confidentiality of information: Applicability.
706.3949 Confidentiality of information: Request for confidential treatment of information; procedure; responsibilities of Authority; hearing.
706.3951 Confidentiality of information: Prepared testimony containing or addressing information designated as confidential.
706.3952 Confidentiality of information: Contents of protective order issued with regard to information designated as confidential.
706.3953 Confidentiality of information: Appeal of determination by presiding officer regarding treatment of confidential information; disclosure of information not designated confidential.
706.3954 Confidentiality of information: Disclosure of information designated as confidential; penalties.
706.3955 Pleadings: Captions, amendments and construction.
706.3956 Pleadings: Applications.
706.3957 Pleadings: Petitions.
706.3958 Pleadings: Petition to adopt, amend or repeal regulation.
706.3959 Pleadings: Motions.
706.396 Pleadings: Responses to motions.
706.3961 Pleadings: Requirements for format; signature; request for hearing.
706.3962 Pleadings: Filing of pleading.
706.3963 Pleadings: Answers.
706.3964 Pleadings: Answers to petitions
706.3965 Pleadings: Petition to intervene.
706.3966 Pleadings: Contents of petition to intervene; circumstances under which petitioner has direct and substantial interest in proceeding.
706.3967 Pleadings: Filing of petition to intervene.
706.3968 Pleadings: Approval or denial of petition to intervene.
706.3969 Pleadings: Limitation on number of interveners.
706.397 Pleadings: Protests.
706.3971 Pleadings: Service of process.
706.3972 Pleadings: Proof of service.
706.3973 Oral or informal written complaints: Disposition.
706.3974 Formal written complaints: General requirements.
706.3975 Complaints: Response.
706.3976 Formal written complaints: Investigation and recommendation of action by staff of Authority.
706.3977 Formal written complaints: Transmittal of unresolved complaint to Authority.
706.3978 Formal written complaints: Dismissal.
706.3979 Formal written complaints: Public hearing; interim relief.
706.398 Formal written complaints filed by motor carriers or brokers.
706.3981 Hearings: Prehearing conference.
706.3982 Hearings: Notice of hearing.
706.3983 Hearings: Continuances.
706.3984 Hearings: Failure of party to appear or respond.
706.3985 Hearings: Testimony under oath.
706.3986 Hearings: Authority of presiding officer.
706.3987 Hearings: Order of proceeding.
706.3988 Hearings: Conduct of hearing on proposed regulation.
706.3989 Hearings: Order for appearance of witness or production of document.
706.399 Hearings: Objections regarding admissibility of evidence.
706.3991 Hearings: Prepared testimony.
706.3992 Hearings: Documentary evidence.
706.3993 Hearings: Resolutions.
706.3994 Hearings: Additional evidence.
706.3995 Hearings: Rulings by presiding officer.
706.3996 Hearings: Consolidation.
706.3997 Hearings: Stipulations.
706.3998 Hearings: Interim order.
706.3999 Hearings: Official notice.
706.400 Hearings: Briefs.
706.4001 Hearings: Oral arguments.
706.4002 Hearings: Decision by Authority.
706.4003 Hearings: Reopening proceedings to receive additional evidence.
706.4004 Hearings: Proposed findings of fact and conclusions of law.
706.4005 Hearings: Date of issuance and effective date of order.
706.4006 Hearings: Copies of transcripts.
706.4007 Declaratory orders and advisory opinions: Petition; hearings.
706.4008 Administrative fines: Definitions.
706.4009 Administrative fines: “Administrative proceeding” defined.
706.401 Administrative fines: “Hearing officer” defined.
706.4011 Administrative fines: “Respondent” defined.
706.4012 Administrative fines: Initiation and termination of administrative proceeding by staff of Authority; conduct of, applicable regulations for and intervention in administrative proceeding.
706.4013 Administrative fines: Contents, service and filing of complaint to initiate administrative proceeding; answer to complaint.
706.4014 Administrative fines: Settlement of administrative proceeding.
706.4015 Administrative fines: Powers and duties of hearing officer.
706.4016 Administrative fines: Appeal of procedural ruling by hearing officer.
706.4017 Administrative fines: Action by Authority.
706.4018 Administrative fines: Payment of fine.
706.4019 Administrative fines: Remedy not exclusive.
UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES
General Provisions
706.401905 Definitions.
706.401906 “Accounting period” defined.
706.401907 “Actually issued” defined.
706.401908 “Amortization” defined.
706.401909 “Associated companies” defined.
706.40191 “Book cost” defined.
706.401911 “Company” defined.
706.401912 “Contingent liability” defined.
706.401913 “Control,” “controlled by” and “under common control with” defined.
706.401914 “Cost” defined.
706.401915 “Cost of disposition” defined.
706.401916 “Current asset” defined.
706.401917 “Date of disposal or retirement” defined.
706.401918 “Depreciation” defined.
706.401919 “Discount” defined.
706.40192 “Functional division” defined.
706.401921 “Nominally issued” defined.
706.401922 “Nominally outstanding” defined.
706.401923 “Original cost” defined.
706.401924 “Outside labor” defined.
706.401925 “Premium” defined.
706.401926 “Property disposed” and “property retired” defined.
706.401927 “Salvage value” defined.
706.401928 “Service life” defined.
706.401929 “Service value” defined.
706.40193 “Straight-line method” defined.
706.401931 “Uniform system of accounts for limousine operations” defined.
706.401932 Maintenance of books and records; reports of information.
706.401933 Accounting method and period.
706.401934 Questions of doubtful interpretation.
706.401935 Purpose of lists of items.
706.401936 Use of functional divisions of accounts.
706.401937 Inventory requirements.
706.401938 Fixed assets.
706.401939 Depreciable assets.
706.40194 Gain or loss on dispositions.
706.401941 Payroll and payroll costs.
Accounts
706.401942 Current assets: Items not to be included.
706.401943 Current assets: Account for cash on hand.
706.401944 Current assets: Account for cash in banks.
706.401945 Current assets: Account for petty cash.
706.401946 Current assets: Account for trade accounts receivable.
706.401947 Current assets: Accounts for employees’ and officers’ accounts receivable.
706.401948 Current assets: Account for notes receivable.
706.401949 Current assets: Account for other accounts receivable.
706.40195 Current assets: Account for bad debts.
706.401951 Current assets: Account for inventory supplies.
706.401952 Current assets: Account for prepaid expenses.
706.401953 Current assets: Account for refundable deposits.
706.401954 Current assets: Account for miscellaneous current assets.
706.401955 Account for fixed assets.
706.401956 Fixed assets: Land account.
706.401957 Fixed assets: Buildings account.
706.401958 Fixed assets: Account for leasehold improvements.
706.401959 Fixed assets: Account for shop and garage equipment.
706.40196 Fixed assets: Account for furniture and office equipment.
706.401961 Fixed assets: Limousine account.
706.401962 Fixed assets: Account for other automotive equipment.
706.401963 Fixed assets: Account for radio and telephonic equipment.
706.401964 Account for other fixed assets.
706.401965 Account for total depreciation and amortization allowance.
706.401966 Accounts for organizational expense and deferred charges.
706.401967 Accounts for other assets.
706.401968 Account for current and accrued liabilities.
706.401969 Accounts for notes payable.
706.40197 Accounts for accounts payable, open accident liabilities and contracts payable.
706.401971 Accounts for accrued salaries and wages and for accrued vacation pay.
706.401972 Accounts for payroll taxes withheld and accrued and for accrued payroll benefits.
706.401973 Account for accrued taxes and licenses.
706.401974 Account for accrued interest.
706.401975 Account for other current liabilities.
706.401976 Accounts for deferred credits, dividends payable and mortgage payable.
706.401977 Account for accrued federal income taxes.
706.401978 Accounts for long-term liabilities.
706.401979 Incorporated companies: Net worth.
706.40198 Unincorporated companies: Net worth.
706.401981 Accounts for operating revenue.
706.401982 Accounts for operating expense.
706.401983 Accounts for dispatch expense.
706.401984 Accounts for shop and garage expense.
706.401985 Accounts for general and administrative expense: Salaries; vacation pay; payroll taxes; benefits.
706.401986 Accounts for general and administrative expense: General taxes.
706.401987 Accounts for general and administrative expense: Amortization; depreciation; insurance; bad debts.
706.401988 Accounts for general and administrative expense: Rentals; repairs and maintenance.
706.401989 Accounts for general and administrative expense: Advertising; contract services.
706.40199 Accounts for general and administrative expense: Regulatory expenses.
706.401991 Accounts for general and administrative expense: Transferred internal costs.
706.401992 Accounts for general and administrative expense: Office, telephone, travel, utility and miscellaneous expenses.
706.401993 Accounts for other nonoperating income.
706.401994 Accounts for other nonoperating expenses.
706.401995 Income statement accounts.
TOW CARS
706.402 Definitions.
706.4021 “Authority” defined.
706.4022 “Nonconsensual tow” defined.
706.4024 “Operator of a tow car” defined.
706.4026 “Tow at the request of a law enforcement agency” defined.
706.404 Annual fee for operation of tow car.
706.405 Plate for tow car.
706.406 Categories of tariffs.
706.408 Permissible rates and charges for towing.
706.410 Permissible fees and charges for storage and access of vehicles towed without prior consent of owner.
706.412 Public inspection of tariffs and regulations; notices in tow cars and at facilities for storage.
706.414 Cost of special permit to tow vehicle.
706.416 Charge for lien on towed vehicle.
706.418 Circumstances under which charges prohibited.
706.420 Bills for towing.
706.422 Forms for billing; distribution, maintenance and inspection of bills.
706.424 Payment of charges.
706.426 Information for filing complaints.
706.427 Authority to tow vehicles from private property: Display of signs on and marking of property.
706.428 Refusal to tow vehicles.
706.430 Logs for dispatch.
706.432 Notice of towing and storage; release of vehicle upon which law enforcement agency places “Hold” designation.
706.434 Equipment for towing; pushing.
706.436 Weight of vehicle to be towed.
706.440 Disposition of personal property.
706.442 Prohibited acts for solicitation of business.
OPERATION OF TAXICABS UNDER JURISDICTION OF TAXICAB AUTHORITY
706.450 Definitions.
706.453 Certificate: Qualifications of applicant; investigation.
706.462 Criteria for multiple licenses.
706.465 Transfer of interest in certificate or in corporation holding certificate.
706.471 Rates, charges and fares.
706.473 Certificate holders: Equity capital.
706.474 Certificate holders: Change of address; list of supervisory employees.
706.476 Certificate holders: Notification of Administrator of complaint concerning driver.
706.477 Certificate holders: Notice of dismissal of drivers.
706.478 Certificate holders: Dispatch log.
706.479 Certificate holders: Confidentiality of financial reports and records submitted to Authority.
706.480 Commencement of operations; interruption of service.
706.481 Violent crime against driver on duty: Notification of certificate holders; dissemination of information concerning crime; participation in secret witness program.
706.483 Accidents.
706.486 Taxicabs: Color scheme, insigne, cruising light design, unit designation numbers; information placard.
706.487 Taxicabs: Modification of color scheme or insigne.
706.489 Taxicabs: Display of medallions.
706.492 Taxicabs: Mechanical standards and special equipment.
706.495 Taxicabs: Two-way radios; requests by telephone for service.
706.496 Taxicabs: Transportation for elderly persons and persons with permanent disabilities.
706.497 Taxicabs: Registration and control by certificate holder; arrangements with driver.
706.501 Taximeters: Design; lights.
706.504 Taximeters: Inspection and seal.
706.507 Trip charges.
706.510 Trip sheets.
706.513 Drivers: Permits.
706.516 Drivers: Fitness.
706.519 Drivers: Physical qualifications.
706.522 Drivers: Temporary permits.
706.525 Drivers: Annual permits.
706.528 Drivers: Renewal, reapplication and replacement of permits; waiver or extension of requirements for renewal.
706.531 Drivers: Display of permits.
706.534 Drivers: Failure to possess valid permit.
706.535 Drivers: Notice to Authority of change of name or address or conviction of certain offenses.
706.537 Drivers: Training.
706.540 Drivers: Standards of appearance and dress.
706.543 Drivers: Standards of conduct.
706.544 Drivers: Reasons to fear for personal safety.
706.546 Drivers: Conditions of employment.
706.549 Drivers: Hours of service.
706.550 Drivers: Provision of receipt to passenger.
706.551 Drivers: Search of vehicle after trip; disposition of property found.
706.552 Drivers: Prohibited and required acts.
706.553 Issuance of referral for employment.
706.555 Drivers: Use of taxicab for crime.
UNIFORM SYSTEM OF ACCOUNTS FOR TAXICAB COMPANIES
General Provisions
706.558 Definitions.
706.561 “Accounts” defined.
706.564 “Actually issued” defined.
706.567 “Actually outstanding” defined.
706.570 “Amortization” defined.
706.573 “Associated companies” defined.
706.576 “Book cost” defined.
706.579 “Company” defined.
706.582 “Contingent assets” defined.
706.585 “Contingent liabilities” defined.
706.588 “Cost” defined.
706.591 “Cost of disposition” defined.
706.594 “Current assets” defined.
706.597 “Date of disposal” defined.
706.600 “Debt expense” defined.
706.603 “Depreciation” defined.
706.606 “Discount” defined.
706.609 “Functional division” defined.
706.612 “Investment advances” defined.
706.615 “Net book cost” defined.
706.618 “Nominally issued” defined.
706.621 “Nominally outstanding” defined.
706.624 “Original cost” defined.
706.627 “Outside labor” defined.
706.630 “Premium” defined.
706.633 “Property disposed” and “property retired” defined.
706.636 “Replacement asset” and “replacement property” defined.
706.639 “Salvage value” defined.
706.642 “Service life” defined.
706.645 “Service value” defined.
706.648 “Straight-line method” defined.
706.651 Records required.
706.654 Accounting method and period.
706.657 Accounting method: Interpretation.
706.660 Item lists.
706.663 Functional divisions of accounts.
706.666 Inventory requirements.
706.669 Fixed assets.
706.672 Depreciable assets.
706.675 Gain or loss on dispositions.
706.678 Payroll and payroll costs.
Accounts
706.681 Current assets: Items not to be included.
706.684 Current assets: Account for cash on hand.
706.687 Current assets: Account for cash in banks.
706.690 Current assets: Account for petty cash.
706.693 Current assets: Account for accounts receivable—trade.
706.696 Current assets: Accounts for employees’ and officers’ accounts receivable.
706.699 Current assets: Account for notes receivable.
706.702 Current assets: Account for other accounts receivable.
706.705 Current assets: Account for bad debts.
706.708 Current assets: Account for inventory supplies.
706.711 Current assets: Account for prepaid expenses.
706.714 Current assets: Account for refundable deposits.
706.717 Current assets: Account for miscellaneous current assets.
706.720 Accounts for fixed assets.
706.723 Fixed assets: Land account.
706.726 Fixed assets: Buildings account.
706.729 Fixed assets: Account for leasehold improvements.
706.732 Fixed assets: Account for shop and garage equipment.
706.735 Fixed assets: Account for furniture and office equipment.
706.738 Fixed assets: Taxicab account.
706.741 Fixed assets: Account for other automotive equipment.
706.744 Fixed assets: Account for air conditioners.
706.747 Fixed assets: Taximeter account.
706.750 Fixed assets: Account for fuel conversion kits.
706.753 Fixed assets: Account for fuel conversion plants.
706.756 Fixed assets: Account for radio and telephonic equipment.
706.759 Account for other fixed assets.
706.762 Account for total depreciation and amortization allowance.
706.765 Accounts for organizational expense and deferred charges.
706.768 Accounts for other assets.
706.771 Current liabilities.
706.774 Accounts for notes payable.
706.777 Accounts for accounts payable, open accident liabilities and contracts payable.
706.780 Accounts for accrued salary, wages and vacation pay.
706.783 Accounts for payroll taxes withheld and accrued and accrued payroll benefits.
706.786 Account for accrued taxes and licenses.
706.789 Account for accrued interest.
706.792 Account for other current liabilities.
706.795 Account for fees payable.
706.798 Accounts for deferred credits, dividends payable and mortgage payable.
706.801 Account for accrued federal income taxes.
706.804 Accounts for long-term liabilities.
706.807 Incorporated companies: Net worth.
706.810 Unincorporated companies: Net worth.
706.813 Accounts for operating revenue.
706.816 Accounts for operating expense.
706.819 Accounts for dispatch expense.
706.822 Accounts for shop and garage expense.
706.825 Accounts for general and administrative expense: Salaries; vacation pay; payroll taxes; benefits.
706.828 Accounts for general and administrative expense: General taxes.
706.831 Accounts for general and administrative expense: Amortization; depreciation; insurance; bad debts.
706.834 Accounts for general and administrative expense: Rentals; repairs and maintenance.
706.837 Accounts for general and administrative expense: Advertising; contract services.
706.840 Accounts for general and administrative expense: Regulatory expenses.
706.843 Accounts for general and administrative expense: Transferred internal costs.
706.846 Accounts for general and administrative expense: Office, telephone, travel, utility and miscellaneous expenses.
706.849 Accounts for other nonoperating income.
706.852 Accounts for other nonoperating expenses.
706.855 Income statement accounts.
SUBSIDIZED TRANSPORTATION BY TAXICAB
706.858 Creation of program; use of money received from balance of Taxicab Authority Fund.
706.861 Eligibility.
706.864 Coupons.
706.867 Distribution of coupons.
706.870 Misuse of coupons.
PRACTICE BEFORE TAXICAB AUTHORITY
General Provisions
706.876 Scope and construction; deviation from rules.
706.879 Location of office and hours of operation; meetings; communications.
706.882 Computation of time.
Parties
706.885 Classification of parties.
706.888 Appearances.
706.891 Withdrawal of attorney.
706.894 Intervention.
706.897 Conduct required.
Pleadings, Motions and Other Papers
706.900 Pleadings generally.
706.903 Applications generally.
706.906 Applications for certificates.
706.909 Applications for change of rates or rules.
706.912 Miscellaneous applications for relief.
706.921 Filing and service.
Complaints Against Certificate Holders
706.922 Procedure upon receipt of oral complaint.
706.9222 Form and accompanying documents; record; letter of acknowledgment; service upon certificate holder.
706.9224 Response.
706.9226 Investigation and recommended actions for resolution.
706.9228 Submission of unresolved complaint to Authority for review.
706.923 Determination by Authority to dismiss complaint.
706.9232 Determination of probable cause; actions by Authority.
Hearings
706.924 Notice of hearings.
706.927 Continuances.
706.930 Failure to appear.
706.933 Prehearing conference.
706.936 Subpoenas; depositions.
706.939 Testimony under oath.
706.942 Preliminary procedure.
706.945 Presentation of evidence.
706.948 Rules and types of evidence.
706.951 Consolidation; limitation on number of interested parties.
706.954 Stipulations.
706.957 Official notice.
706.960 Objections; exceptions; offer of proof; rulings.
706.963 Briefs; oral argument.
706.966 Decisions and orders.
706.969 Transcripts; attendance charges, per diem and travel expenses.
706.972 Rehearings.
Appeals
706.975 Appeals to Authority.
Declaratory Orders and Advisory Opinions
706.980 Consideration of applications.
706.982 Procedure for consideration of applications.
706.984 Draft of opinion or order by Administrator.
706.986 Notice of decision.
706.988 Violation of opinion or order prohibited.
Applications for Adoption, Amendment or Repeal of Regulations
706.990 Procedure for consideration of application.
APPEALS TO NEVADA TRANSPORTATION AUTHORITY
706.991 Definitions.
706.9911 “Record on appeal” defined.
706.9912 “Taxicab Authority” defined.
706.9913 “Transportation Authority” defined.
706.9914 Notice of appeal from final decision; contents; filing fee.
706.9915 Preparation and transmittal of record on appeal.
706.9916 Filing of written brief, response and reply; extension of period for filing.
706.9917 Review of notice of appeal from final decision; issuance of decision or recommendation.
706.9918 Final decision by Transportation Authority.
REGULATION AND LICENSING OF MOTOR CARRIERS
General Provisions
NAC 706.010 Definitions. (NRS 706.171) As used in NAC 706.010 to 706.401995, inclusive, unless the context otherwise requires, the words and terms defined in NAC 706.012 to 706.129, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by Pub. Service Comm’n, 9-1-87; 11-15-88; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002; R141-05, 5-4-2006)
NAC 706.012 “Advertise” and “advertising” defined. (NRS 706.171) “Advertise” or “advertising” has the meaning ascribed to it in NRS 706.013.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.013 “Agent” defined. (NRS 706.171) “Agent” means a person authorized to act for and on behalf of an authorized carrier in the sale of the carrier’s services but who does not add to or alter those services.
[Pub. Service Comm’n, Gen. Order 5 Rule 104(B), eff. 12-1-62]—(NAC A 9-1-87)
NAC 706.015 “Airport transfer service” defined. (NRS 706.171) “Airport transfer service” means the transportation of passengers and their baggage in the same vehicle, except by taxicab, for a per capita charge between airports or between an airport and points and places in this State. The term does not include charter services by bus, charter services by limousine, scenic tours or special services.
(Added to NAC by Pub. Service Comm’n, eff. 11-15-88; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.018 “Application” defined. (NRS 706.171) “Application” means a request for operating authority or for relief filed with the Authority as specified in NAC 706.3956.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
NAC 706.0185 “Authority” defined. (NRS 706.171) “Authority” means the Nevada Transportation Authority created pursuant to NRS 706.1511.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)—(Substituted in revision for NAC 706.126)
NAC 706.019 “Authorized carrier” defined. (NRS 706.171) “Authorized carrier” means a person authorized by the Authority to engage in the intrastate transportation of property or passengers as a common or contract motor carrier.
[Pub. Service Comm’n, Gen. Order 5 Rule 105, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.021 “Broker” defined. (NRS 706.171) “Broker” has the meaning ascribed to it in NRS 706.021.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.022 “Bus” defined. (NRS 706.171) “Bus” means any motor vehicle originally manufactured with a capacity of 16 or more persons, including the driver, designed, constructed and used for the transportation of passengers, their baggage and light express.
[Pub. Service Comm’n, Gen. Order 5 Rule 121, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R078-98, 1-28-99; R040-02, 9-20-2002)
NAC 706.025 “Business district” defined. (NRS 706.171) “Business district” means the territory contiguous to and including a highway when, within any 600 feet along the highway, there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
[Pub. Service Comm’n, Gen. Order 5 Rule 132, eff. 12-1-62]
NAC 706.030 “Certificate” defined. (NRS 706.171) “Certificate” means a certificate of public convenience and necessity issued by the Authority.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.0305 “Certificate holder” defined. (NRS 706.171) “Certificate holder” means a person who holds a current certificate of public convenience and necessity to operate as a motor carrier.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.0315 “Chairman” defined. (NRS 706.171) “Chairman” means the person designated as the Chairman of the Authority pursuant to NRS 706.1512.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.032 “Charter order” defined. (NRS 706.171) “Charter order” means a written order prepared by a fully regulated carrier authorized to provide charter service by limousine setting out a request from a customer for the services of the carrier.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R040-02, 9-20-2002; R090-05, 12-29-2005)
NAC 706.034 “Charter service by bus” defined. (NRS 706.171)
1. “Charter service by bus” means the prearranged transportation of persons who have acquired the exclusive use of a bus for a particular itinerary under a single contract and at a fixed charge for the bus, which is consistent with the tariff filed by the carrier, for the duration of the charter.
2. Except as otherwise provided in paragraph (d) of subsection 3, the term includes services sold to a broker at an hourly rate only, for resale by the broker in combination with other services or facilities not related to transportation at per capita rates or at hourly rates, as necessary.
3. The term does not include:
(a) Scenic tours;
(b) Special services;
(c) Airport transfer services;
(d) Service which will be resold by the broker for scenic tours or airport transfer services; or
(e) The carriage of property or cargo not belonging to the group of passengers being transported.
[Pub. Service Comm’n, Gen. Order 5 part Rule 116, eff. 12-1-62]—(NAC A 9-1-87; 11-15-88; A by Transportation Serv. Auth. by R040-02, 9-20-2002; R090-05, 12-29-2005)
NAC 706.036 “Charter service by limousine” defined. (NRS 706.171)
1. “Charter service by limousine” means the exclusive use of a traditional limousine or livery limousine for the prearranged transportation of passengers and their baggage under a charter order at an hourly rate for a minimum of 1 hour.
2. The term does not include:
(a) Scenic tours;
(b) Special services;
(c) Airport transfer services;
(d) Service which will be resold by the broker for scenic tours or airport transfer services; or
(e) The carriage of property or cargo not belonging to a group of passengers being transported.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R078-98, 1-28-99; R040-02, 9-20-2002)
NAC 706.038 “City” defined. (NRS 706.171) “City” has the meaning ascribed to it in NRS 706.026.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.039 “Commissioner” defined. (NRS 706.171) “Commissioner” means a member of the Authority appointed pursuant to NRS 706.1511.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.041 “Common motor carrier” defined. (NRS 706.171) “Common motor carrier” has the meaning ascribed to it in NRS 706.036.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.042 “Complaint” defined. (NRS 706.171) “Complaint” means a written request for relief filed with the Authority.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
NAC 706.044 “Contract motor carrier” defined. (NRS 706.171) “Contract motor carrier” has the meaning ascribed to it in NRS 706.051.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.048 “Department” defined. (NRS 706.171) “Department” means the Department of Motor Vehicles.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99; A by R040-02, 9-20-2002)
NAC 706.050 “Deputy Commissioner” defined. (NRS 706.171) “Deputy Commissioner” means the Deputy appointed by the Authority pursuant to NRS 706.176.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.054 “Employee” defined. (NRS 706.171) “Employee” means a person who is not merely an agent but is actually employed or engaged by a common or contract motor carrier.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.058 “Equipment” defined. (NRS 706.171) “Equipment” means a motor vehicle, straight truck, tractor, semitrailer, full trailer, combination tractor and trailer, combination straight truck and full trailer, buses and any other type of equipment used by authorized carriers in the transportation of property or passengers.
[Pub. Service Comm’n, Gen. Order 5 Rule 128, eff. 12-1-62]
NAC 706.060 “Exclusive use” defined. (NRS 706.171) “Exclusive use” means the occupancy of a vehicle by a person who or a group of persons which has engaged or hired that vehicle and has control over the entry of others into the vehicle.
(Added to NAC by Pub Service Comm’n, eff. 9-1-87)
NAC 706.062 “Fully regulated carrier” defined. (NRS 706.171) “Fully regulated carrier” has the meaning ascribed to it in NRS 706.072.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.064 “Gross weight” defined. (NRS 706.171) “Gross weight” means the combined weight of the motor vehicle, its load, any connected vehicle and its load.
[Pub. Service Comm’n, Gen. Order 5 Rule 131, eff. 12-1-62]—(NAC A 9-1-87)
NAC 706.065 “Hazardous material” defined. (NRS 706.171) “Hazardous material” has the meaning ascribed to it in NRS 706.074.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.0655 “Hearing” defined. (NRS 706.171) “Hearing” means any public proceeding for which notice is provided by the Authority in accordance with applicable statutes and regulations.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.066 “Highway” defined. (NRS 706.171) “Highway” has the meaning ascribed to it in NRS 706.081.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.067 “Household goods” defined. (NRS 706.171)
1. “Household goods” includes:
(a) Property transported as an incident of a move by a householder from one dwelling to another and property transported:
(1) From the dwelling of a householder in connection with a gift, sale or the administration of an estate;
(2) Between the dwelling of a householder and a repair or storage facility;
(3) From the dwelling of a householder to an auction house or other place of sale; and
(4) From a factory or store to the dwelling of a householder if:
(I) The householder has purchased the goods with the intent to use them in his dwelling;
(II) The property is transported at the request of the householder; and
(III) The transportation charges are paid to the carrier by the householder.
(b) Furniture, fixtures, equipment and the property of stores, offices, museums, institutions, hospitals or other establishments, when it is a part of the stock, equipment or supply of the stores, offices, museums, institutions, hospitals or other establishments.
(c) Commodities mentioned in paragraphs (a) and (b), when transported pursuant to the removal of the establishment, or a portion thereof, from one location to another, and used furniture, fixtures and equipment of stores, offices, museums, institutions, hospitals or other establishments transported:
(1) From a location in one branch of an establishment to a location in another branch of that establishment; and
(2) From a location in an establishment and a repair or storage facility.
2. The term does not include the stock-in-trade of any establishment, except when transported as an incident to the removal of the establishment, or a portion thereof, from one location to another.
[Pub. Service Comm’n, part Gen. Order 5, eff. 6-30-65]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.069 “Independent contractor” defined. (NRS 706.171) “Independent contractor” means a person who leases a taxicab from a certificate holder pursuant to NRS 706.473.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.070 “Interchange of equipment” defined. (NRS 706.171) “Interchange of equipment” means the physical exchange of equipment between common motor carriers or the receipt by one carrier of equipment from another carrier, in furtherance of a through movement of traffic, at a point or points which the carriers are authorized to serve.
[Pub. Service Comm’n, Gen. Order 5 Rule 140, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.076 “Lease” defined. (NRS 706.171) “Lease” means a writing signed by the parties or their regular employees or agents duly authorized to act for them in the execution of contracts, leases or other arrangements.
[Pub. Service Comm’n, Gen. Order 5 Rule 139, eff. 12-1-62]
NAC 706.080 “Livery limousine” defined. (NRS 706.171) “Livery limousine” means a motor vehicle engaged in the general transportation of persons for compensation that:
1. Was a light truck, as that term is defined in 49 C.F.R. § 523.5, at the time of its manufacture; or
2. Was originally manufactured as having a capacity of 9 or more persons but less than 16 persons, including the driver.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99; A by R040-02, 9-20-2002)
NAC 706.081 “Motion” defined. (NRS 706.171) “Motion” means a request for relief filed with the Authority pursuant to NAC 706.3959.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.083 “Motor carrier” defined. (NRS 706.171) “Motor carrier” means any person or operator who is supervised, controlled or regulated pursuant to chapter 706 of NRS.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.084 “Motor vehicle” defined. (NRS 706.171) “Motor vehicle” has the meaning ascribed to it in NRS 706.096.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.086 “Multiple charter” defined. (NRS 706.171) “Multiple charter” means the transportation of more than one separate group under a single charter order.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.090 “On call” and “on-call” defined. (NRS 706.171) “On call” or “on-call” means available to provide transportation.
(Added to NAC by Transportation Serv. Auth. by R040-02 , eff. 9-20-2002)
NAC 706.091 “On call over irregular routes” defined. (NRS 706.171) “On call over irregular routes” means the transportation of passengers or personal property by motor vehicles between points and places over irregular routes.
[Pub. Service Comm’n, Gen. Order 5 part Rule 129, eff. 12-1-62]—(NAC A 9-1-87)
NAC 706.092 “Operating authority” defined. (NRS 706.171) “Operating authority” means a certificate, permit or other approval issued by the Authority pursuant to which a person may operate a motor carrier or tow car, act as a broker or engage in any other activity subject to the jurisdiction of the Authority.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.094 “Owner” defined. (NRS 706.171) “Owner” means a person to whom title to equipment has been issued or who has lawful possession of equipment, and has the equipment registered and licensed in any state or states or the District of Columbia in his name.
[Pub. Service Comm’n, Gen. Order 5 Rule 104(C), eff. 12-1-62]
NAC 706.096 “Party of record” defined. (NRS 706.171) “Party of record” means an applicant, complainant, petitioner, respondent or intervener whose petition for leave to intervene has been granted, in whole or in part, by the Authority.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.0965 “Permit” defined. (NRS 706.171) “Permit” means a permit issued by the Authority to operate:
1. A van pool;
2. A warehouse; or
3. As a contract carrier.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.097 “Petition” defined. (NRS 706.171) “Petition” means a request for relief made to the Authority pursuant to NAC 706.3957.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.100 “Pleading” defined. (NRS 706.171) “Pleading” means any application, petition, complaint, answer, protest or motion filed with the Authority in any proceeding.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1015 “Prearranged” defined. (NRS 706.171) “Prearranged” means transportation that is scheduled through or reported to the central dispatch of a carrier before the provision of service.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.102 “Presiding officer” defined. (NRS 706.171) “Presiding officer” means the Chairman of the Authority or a commissioner designated by the Chairman to preside over a hearing.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.103 “Rebuttal” defined. (NRS 706.171) “Rebuttal” means evidence offered by an applicant, petitioner or complainant which must directly explain, repel, counteract or disprove facts offered in evidence by parties of record opposing the application, petition or complaint.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1045 “Regular business hours” defined. (NRS 706.171) “Regular business hours” means Monday through Friday, 8 a.m. to 5 p.m., excluding legal holidays.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.105 “Regular route” defined. (NRS 706.171) “Regular route” means a fixed route between specific points served according to a schedule authorized by the Authority.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.111 “Restored theme or antique vehicle” defined. (NRS 706.171) “Restored theme or antique vehicle” means a vehicle of 25 years of age or more restored to new appearance and mechanical condition.
(Added to NAC by Pub. Service Comm’n, eff. 11-15-88)
NAC 706.112 “Scenic tour” defined. (NRS 706.171) “Scenic tour” means the transportation at a per capita or an hourly rate of passengers to various points of interest for the purpose of sight-seeing or visiting those points of interest where a narrated tour is presented to the passengers. The term does not include charter services by bus, charter services by limousine, special services or airport transfer services.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 11-15-88; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.117 “Shipper” defined. (NRS 706.171) “Shipper” means any person:
1. Who is shown as the consignor on a bill of lading for the transportation of goods from one point to another; and
2. For whom the service is rendered.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.118 “Similar equipment” defined. (NRS 706.171) “Similar equipment” means equipment designed and used to transport cargo of the same specific class of commodities or passengers in the same type of motor vehicle.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.119 “Special services” defined. (NRS 706.171) “Special services” means 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. The term does not include charter services by bus, charter services by limousine, scenic tours or airport transfer services.
[Pub. Service Comm’n, Gen. Order 5 part Rule 117, eff. 12-1-62]—(NAC A 9-1-87; 11-15-88; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.120 “Staff of the Authority” defined. (NRS 706.171) “Staff of the Authority” means persons employed by the Authority.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.121 “Taxicab” defined. (NRS 706.171) “Taxicab” has the meaning ascribed to it in NRS 706.124.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.123 “Taximeter” defined. (NRS 706.171) “Taximeter” has the meaning ascribed to it in NRS 706.8817.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.124 “Traditional limousine” defined. (NRS 706.171) “Traditional limousine” means a motor vehicle that is engaged in the general transportation of persons for compensation and not operated on a regular schedule or over regular routes and:
1. Was a passenger automobile, as that term is defined in 49 C.F.R. § 523.4, at the time of its manufacture and was later modified to increase its length; or
2. Has a capacity of less than nine persons, including the driver.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.129 “Vehicle” defined. (NRS 706.171) “Vehicle” has the meaning ascribed to it in NRS 706.146.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.1293 Special mobile equipment: “Incidentally operated or moved upon a highway” interpreted; vehicles not specified in statutory definition. (NRS 706.121, 706.171)
1. As used in NRS 706.121, the Department will interpret the term “incidentally operated or moved upon a highway” to mean the operation of:
(a) A motor vehicle in an emergency situation, as determined by emergency personnel, including, without limitation, a law enforcement agency or other appropriate authority;
(b) Construction equipment to patch a roadway that is operated subject to the terms of a contract for a specific project;
(c) Snow removal equipment to clear snow from highways during or immediately following inclement weather; or
(d) Special mobile equipment on a public highway that is not a controlled-access highway as defined in NRS 484.041, if the special mobile equipment travels not more than 5 miles from the point at which the special mobile equipment initially entered the public highway.
2. As used in NRS 706.121, the term “special mobile equipment” does not include:
(a) Any truck that:
(1) Is used as a water truck on any portion of a public highway; or
(2) Was originally designed and manufactured as a vehicle to carry cargo;
(b) Any vehicle:
(1) That is used to sweep any portion of a public highway;
(2) That was originally designed and manufactured to transport persons or property;
(3) To which machinery for sweeping is mounted or attached; or
(4) That has the capability of traveling long distances over a controlled-access highway; (c) Any trailer; or
(d) Any farm machinery or implements of husbandry.
(Added to NAC by Dep’t of Motor Veh. by R079-07, eff. 1-30-2008)
NAC 706.1295 Severability. (NRS 706.171) If any provision of NAC 706.010 to 706.4019, inclusive, or any application thereof to any person, thing or circumstance is held invalid, the Authority intends that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1305 Deviation from regulations. (NRS 706.171) The Authority will and the presiding officer shall allow deviation from the provisions of NAC 706.010 to 706.4019, inclusive, if good cause for deviation appears.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1315 Computation and extension of time. (NRS 706.171) Except as otherwise provided by law:
1. In computing any period prescribed or allowed by any regulation of the Authority, the day of the act, event or default from or after which the designated period begins to run is not included. The last day of the period so computed is included, but if it is a Saturday, Sunday or legal holiday, the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.
2. Whenever an act is required or allowed pursuant to any regulation of the Authority, or any notice given thereunder, to be done within a specified period, the Authority may extend the period for good cause upon a motion made before the specified period expires.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
NAC 706.132 Payment of fees, remittances and administrative fines. (NRS 706.171)
1. A fee or remittance by money order, bank draft or check to the Authority must be made payable to the “Nevada Transportation Authority.” A remittance in currency or coin is acceptable but is sent wholly at the risk of the remitter, and the Authority assumes no responsibility for the loss of such a remittance. An application fee or other charge required by law must be paid to the Authority at the time of filing with the Authority.
2. An administrative fine imposed pursuant to NRS 706.476 for the impoundment of a vehicle must be paid by cash, cashier’s check or money order.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
NAC 706.1325 Public records; filing and confidentiality of certain information. (NRS 706.171)
1. Except as otherwise provided by law, all documents filed with the Authority become matters of public record as of the day and time of their filing. The Deputy Commissioner, within reasonable limits of time and general expediency, shall allow members of the public to examine these public records.
2. Except as otherwise provided in subsection 3, an applicant shall not include any of the following items in an application filed with the Authority:
(a) Copies of tax returns;
(b) Copies of bank statements, brokerage statements and retirement statements;
(c) Loan documents;
(d) Credit reports;
(e) Reports concerning criminal background;
(f) Records from the Department; and
(g) Any other document determined to be confidential pursuant to NAC 706.3944 to 706.3954, inclusive.
3. The Authority may request that an applicant submit the information described in paragraphs (a) to (f), inclusive, of subsection 2 if the Authority determines that the information is necessary in its consideration of the application. The applicant may, pursuant to NRS 706.1725, request that such information be treated as confidential.
4. Upon request, copies of public records will be made and a reasonable fee will be charged for the cost of reproduction. Copies of transcripts must first be requested from the court reporter or transcriber who made the transcript.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
NAC 706.133 Rejection of documents. (NRS 706.171) A document which is not in compliance with the provisions of NAC 706.010 to 706.4019, inclusive, or applicable statutes may be rejected. If rejected, that document will be returned with an indication of the deficiencies. The acceptance of a document for filing is not a determination that the document complies with all regulations of the Authority and is not a waiver of those regulations.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1335 Receipt of written communications and documents. (NRS 706.171) A written communication or document is considered officially received by the Authority only if it is:
1. Filed at the office of the Authority in Las Vegas and addressed to the Deputy Commissioner; or
2. Presented to the Authority during a hearing.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1345 Deputy Commissioner: General duties. (NRS 706.171) The Deputy Commissioner shall perform such administrative and other duties as are prescribed by the Authority.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.135 Deputy Commissioner: Administrative duties. (NRS 706.171) The Deputy Commissioner:
1. Has custody of the minutes of the proceedings of the Authority, of the regulations and of all other records of the Authority, including, without limitation, administrative orders. Orders of the Authority will be authenticated or signed by the Deputy Commissioner or by another person authorized by the Authority.
2. Will maintain a hearing calendar of all scheduled hearings at the office of the Authority in Las Vegas. The hearing calendar is available for public inspection during regular business hours.
3. Will maintain a docket of all matters pending before the Authority and will assign an appropriate docket number to each new matter. The docket is available for public inspection at the office of the Authority in Las Vegas.
4. Will be responsible for the supervision of all administrative functions of the Authority.
5. Will, on a regular basis, make himself available to provide briefings to the Authority regarding administrative functions, issues and matters that are before or of concern to the Authority.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1355 Public notice of application or tariff filing. (NRS 706.171)
1. If an authorization, expansion, reduction or curtailment of services, facilities or authority, increase in rates, fares or charges, or any change in regulations is filed by application or tariff filing and the filing is not rejected pursuant to NAC 706.133, the Deputy Commissioner shall cause a notice of the application or tariff filing to be published within 10 working days after acceptance unless circumstances dictate otherwise.
2. If the Deputy Commissioner determines that the proposal will have a statewide effect, he shall cause the notice to be published at least once in four or more newspapers of general circulation in this State, no two of which are published in the same county.
3. If the Deputy Commissioner determines that the proposal will have an effect on a limited number of counties, he shall cause the notice to be published once in a newspaper of general circulation in each county affected. If there is no newspaper published in an affected county, the Deputy Commissioner shall cause the notice to be published in a newspaper in an adjoining county.
4. The notice must be an advertisement which is reasonably calculated to notify affected persons and must include, without limitation:
(a) The name of the applicant or the name of the agent for the applicant;
(b) A brief description of the applicant’s proposal;
(c) The location at which the proposal is on file for the public; and
(d) The date by which persons must file a protest or petition for leave to intervene with the Authority.
5. The Deputy Commissioner shall cause the notice to be published in the appropriate newspapers not less than 3 working days before the proposal becomes effective.
6. The applicant shall pay the cost of the publication.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
Applications Relating to Licenses, Certificates and Permits for Motor Carriers
NAC 706.1372 License to operate as common, contract or private motor carrier of property. (NRS 706.169, 706.171, 706.186, 706.491)
1. An application for a license to operate as a common, contract or private motor carrier of property must include the federal identification number of the applicant’s business.
2. As used in this section, “federal identification number” means:
(a) Federal taxpayer identification number;
(b) Federal employer identification number;
(c) Social security number; or
(d) Any other identification number issued by the Internal Revenue Service.
(Added to NAC by Dep’t of Motor Veh. by R133-06, eff. 9-18-2006)
NAC 706.1375 Certificates and permits: General requirements; omissions and deficiencies. (NRS 706.171, 706.426, 706.443, 706.4464, 706.6411) Except as otherwise required in NAC 706.1376 and 706.1377:
1. An application for:
(a) The initial issuance, expansion or modification of a certificate of public convenience and necessity made pursuant to NRS 706.386 to 706.411, inclusive;
(b) A permit to act as a contract carrier made pursuant to NRS 706.421 to 706.436, inclusive; or
(c) The sale and transfer of an interest in:
(1) A certificate;
(2) Fifteen percent or more of the stock of a corporation that holds a certificate;
(3) A partnership that holds a certificate; or
(4) A corporate entity that holds a certificate which would result in a change in the corporate control of the carrier,
Ê must, in addition to complying with the provisions of NAC 706.010 to 706.4019, inclusive, that are applicable to pleadings, contain the data set forth in subsection 2.
2. An application described in subsection 1 must contain the following data, either in the application or as exhibits attached thereto:
(a) The type of service, if any, presently being performed by the applicant, a general description of the service and a reference to the authority pursuant to which the service is being performed.
(b) The type of service proposed, a general description of the service and a reference to the authority pursuant to which the service is to be performed.
(c) The specific authority requested and the statutory provision pursuant to which the certificate is requested.
(d) If the applicant proposes to be a carrier of household goods, a description of the types of household goods proposed to be transported.
(e) The geographical area proposed to be served pursuant to the certificate, including, without limitation, the terminal and other points to be served, the number and location of points where equipment will be located, and a concise, narrative description of the proposed route.
(f) A map or sketch of the route and points to be served, drawn to a suitable scale which is indicated on the map or sketch. The map or sketch must show present and proposed operations by distinctive coloring or marking.
(g) If the applicant proposes to be a contract carrier, a copy of each proposed contract.
(h) A statement of the rates or fares proposed to be charged and the rules governing service in the form of a tariff prepared pursuant to NAC 706.138 to 706.139, inclusive.
(i) The type and number of units of equipment to be used in the proposed service and a statement as to which units of equipment are owned by the applicant that includes, without limitation, photographs of the equipment to be used and a copy of the registration and title of each vehicle currently owned by the applicant which will be used under its operating authority. If the applicant proposes to operate a taxicab service, the application must include the proposed color scheme of the vehicles that will be used to provide the taxicab service.
(j) A statement indicating the frequency of the proposed service. If on-call service is proposed, the application must set forth the conditions under which the service would be performed.
(k) A statement of the qualifications and experience of the personnel who will manage and operate the proposed service and the proposed operating procedures related to service, safety, maintenance, training of drivers, billing, relations with customers and the keeping of records.
(l) A statement describing the facilities which will be used to provide the proposed service, such as terminals, shops, warehouses or offices.
(m) Facts showing that the proposed operation is or will be beneficial to the traveling public.
(n) If the applicant is a corporation or limited-liability company, a copy of its articles of incorporation or articles of organization, certified by the Secretary of State, and all effective amendments thereto. If the corporation or limited-liability company was incorporated or established in another state, the application must include:
(1) A copy of the certificate issued by the Office of the Secretary of State authorizing the corporation or limited-liability company to transact its business in the State of Nevada; or
(2) Its equivalent, as provided in NRS 80.120.
(o) If the applicant is a partnership, a copy of the partnership agreement and any amendments made thereto.
(p) If the applicant is not a natural person, a list of all owners, including associated stock certificates, membership certificates or associated documents, along with the percentage of ownership of each partner, member or owner. If the applicant is a publicly traded corporation, the application may include a copy of Form 10-K, or its equivalent, filed by the corporation with the Securities and Exchange Commission that shows the controlling ownership, officers and directors in lieu of the list of all owners, including associated stock certificates, membership certificates or associated documents.
(q) Evidence that the applicant is financially able to operate the proposed business, including, without limitation:
(1) A statement of income for the 12-month period immediately preceding the application.
(2) A pro forma statement of income for the first 12-month period, presented in a monthly basis format, of the proposed operation using the proposed rates. The Authority may require, as a condition to the granting of the application, that the applicant is prohibited from placing into service more vehicles than the vehicles projected in the pro forma statement for any period that the Authority deems necessary to ensure that the granting of the application will not unreasonably and adversely affect other carriers operating in the territory.
(3) A balance sheet which was prepared not more than 6 months before the date of the application which:
(I) For a sole proprietorship or partnership, must reflect the personal and business operations of the sole proprietor or each general partner.
(II) For a corporation, limited-liability company or partnership, must reflect the entire business operations.
(4) A list of the names and addresses of all transportation entities owned by or under the control of the applicant.
Ê All financial statements must be prepared pursuant to generally accepted accounting principles, except that the personal financial statement of a sole proprietor or general partner may be prepared on the basis of estimated values.
(r) If the applicant is operating under a fictitious name, a copy of the certificate filed pursuant to chapter 602 of NRS, if applicable.
(s) Evidence that the applicant can secure the insurance required by NAC 706.191.
(t) If the applicant is proposing to transport and store household goods and effects, proof that the applicant has the ability to store such goods and effects in a warehouse operated in accordance with the requirements of chapter 712 of NRS. As used in this paragraph, “warehouse” includes, without limitation, any structure used for the reception and storage of household goods and effects.
(u) Additional information as is necessary for a full understanding of the application.
3. If any item required pursuant to this section or by statute is omitted or otherwise deficient after acceptance of the application or filing, the Authority will notify the applicant of the omission or deficiency, in writing, at the address of the applicant listed on the application or filing. If the applicant does not cure the omission or deficiency within 15 working days after the issuance of that notification, the Deputy Commissioner shall, at the next regular meeting of the Authority, move that the application or filing be dismissed.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
NAC 706.1376 Certificate to operate tow car. (NRS 706.171, 706.4463, 706.4464)
1. An application for:
(a) The initial issuance, expansion or modification of a certificate of public convenience and necessity to operate a tow car made pursuant to NRS 706.386 to 706.411, inclusive; or
(b) The sale and transfer of an interest in:
(1) Such a certificate;
(2) Fifteen percent or more of the stock of a corporation that holds such a certificate;
(3) A partnership that holds such a certificate; or
(4) A corporate entity that holds such a certificate which would result in a change in the corporate control of the carrier,
Ê must, in addition to complying with the provisions of NAC 706.010 to 706.4019, inclusive, that are applicable to pleadings, contain the data set forth in subsection 2.
2. An application described in subsection 1 must contain the following data, either in the application or as exhibits attached thereto:
(a) The type of service proposed, a general description of the service and a reference to the authority pursuant to which the service will be performed.
(b) The specific authority requested and the statutory provision pursuant to which the certificate is requested.
(c) A copy of a sample invoice that will be used by the applicant. The invoice must have imprinted thereon the procedures that a customer of the tow car may use to file a complaint against the operator of the tow car.
(d) If the applicant will provide:
(1) Nonconsensual tows, a statement of the rates proposed to be charged and the rules governing service in the form of a tariff prepared pursuant to NAC 706.138 to 706.139, inclusive.
(2) Only towing services with the consent of the owner of the vehicle being towed, the title page of the tariff prepared in accordance with NAC 706.1385.
(e) The type and number of units of equipment that will be used in the proposed service and a statement as to which units of equipment are owned by the applicant, including photographs of the equipment to be used and copies of the registration and titles of those vehicles already owned by the applicant that will be used under its operating authority.
(f) A statement describing the facilities that will be used to provide the proposed service, including, without limitation, offices, terminals and impound yards.
(g) If the applicant is a corporation or a limited-liability company, a copy of its articles of incorporation or articles of organization, certified by the Secretary of State, and all effective amendments thereto. If the corporation or limited-liability company was incorporated or established in another state, the application must include:
(1) A copy of the certificate issued by the Office of the Secretary of State authorizing the corporation or limited-liability company to transact its business in the State of Nevada; or
(2) Its equivalent, as provided in NRS 80.120.
(h) If the applicant is a partnership, a copy of the partnership agreement and any amendments thereto.
(i) If the applicant is not a natural person, a list of all owners, including associated stock certificates, membership certificates or associated documents, along with the percentage of ownership interest of each partner, member or owner. If the applicant is a publicly traded corporation, the requirements of this paragraph may be satisfied by attaching to the application a copy of Form 10-K or its equivalent filed with the Securities and Exchange Commission showing the controlling ownership, officers and directors of the corporation.
(j) If the applicant is operating under a fictitious name, a copy of the certificate filed pursuant to chapter 602 of NRS, if applicable.
(k) A sample of the dispatch log that will be used by the tow service.
(l) Evidence that the applicant can secure the insurance required by NAC 706.191.
(m) Additional information as is necessary for a full understanding of the application.
3. If any item required pursuant to this section or by statute is omitted or otherwise deficient after acceptance of the application or filing, the Authority will notify the applicant of the omission or deficiency, in writing, at the address of the applicant listed on the application or filing. If the applicant does not cure the omission or deficiency within 15 working days after the issuance of that notification, the Deputy Commissioner shall, at the next regular meeting of the Authority, move that the application or filing be dismissed.
4. As used in this section, “nonconsensual tow” has the meaning ascribed to it in NAC 706.4022.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002; A by R091-05, 12-29-2005)
NAC 706.1377 Certificate to provide intrastate charter service by bus. (NRS 706.171, 706.6411)
1. An application for:
(a) The initial issuance of a certificate of public convenience and necessity to provide intrastate charter service by bus made pursuant to NRS 706.386 to 706.411, inclusive; or
(b) The sale and transfer of an interest in:
(1) Such a certificate;
(2) Fifteen percent or more of the stock of a corporation that holds such a certificate;
(3) A partnership that holds such a certificate; or
(4) A corporate entity that holds such a certificate which would result in a change in the corporate control of that entity,
Ê must, in addition to complying with the provisions of NAC 706.010 to 706.4019, inclusive, that are applicable to pleadings, contain the data set forth in subsection 2.
2. An application described in subsection 1 must contain the following data, either in the application or as exhibits attached thereto:
(a) The type of service proposed, a general description of the service and a reference to the authority pursuant to which the service is to be performed.
(b) The specific authority requested and the statutory provision pursuant to which the certificate is requested.
(c) A statement of the rates or fares proposed to be charged and the rules governing the operations of the intrastate charter service by bus pursuant to NRS 706.321 in the form of a tariff prepared pursuant to NAC 706.138 to 706.139, inclusive.
(d) The type and number of units of equipment to be used in the proposed service that includes the year, make, model, passenger capacity and, if available, vehicle identification number of each vehicle to be used to provide the intrastate charter service by bus.
(e) A statement describing:
(1) The address of the domicile of the company and the location where the company maintains its business office and records; and
(2) The address and location of the terminal and the equipment to be used by the company.
(f) If the applicant is a corporation or a limited-liability company, a copy of its articles of incorporation or articles of organization, certified by the Secretary of State, and all effective amendments thereto. If the corporation or limited-liability company was incorporated or established in another state, the application must include:
(1) A copy of the certificate issued by the Office of the Secretary of State authorizing the corporation or limited-liability company to transact its business in the State of Nevada; or
(2) Its equivalent, as provided in NRS 80.120.
(g) If the applicant is a partnership, a copy of the partnership agreement and any amendments thereto.
(h) If the applicant is not a natural person, a list of all owners, including associated stock certificates, membership certificates or associated documents, along with the percentage of ownership interest of each partner, member or owner. If the applicant is a publicly traded corporation, the requirements of this paragraph may be satisfied by attaching to the application a copy of Form 10-K or its equivalent filed with the Securities and Exchange Commission showing the controlling ownership, officers and directors of the corporation.
(i) If the applicant is operating under a fictitious name, a copy of the certificate filed pursuant to chapter 602 of NRS, if applicable.
(j) A copy of the complaint procedures that will be used.
(k) Evidence that the applicant can secure the insurance required by NAC 706.191.
(l) Additional information as is necessary for a full understanding of the application.
3. If any item required pursuant to this section or by statute is omitted or otherwise deficient after acceptance of the application or filing, the Authority will notify the applicant of the omission or deficiency, in writing, at the address of the applicant listed on the application or filing. If the applicant does not cure the omission or deficiency within 15 working days after the issuance of that notification, the Deputy Commissioner shall, at the next regular meeting of the Authority, move that the application or filing be dismissed.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002; A by R090-05, 12-29-2005)
Tariffs for Motor Carriers
NAC 706.138 Definitions. (NRS 706.171, 706.321) As used in NAC 706.138 to 706.139, inclusive, unless the context otherwise requires, the words and terms defined in NAC 706.1381 and 706.1382 have the meanings ascribed to them in those sections.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1381 “Rate” defined. (NRS 706.171, 706.321) “Rate” means any charge or fare and any regulation which affects a rate.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1382 “Supplement” or “tariff” defined. (NRS 706.171, 706.321) “Supplement” or “tariff” means any regulation, classification, exception to a classification, and class, commodity, special and hourly rate under which a motor carrier operates.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1383 Scope. (NRS 706.171, 706.321) The provisions of NAC 706.138 to 706.139, inclusive, govern the filing of an intrastate tariff or supplement, classification or other reference tariff which contains the rates and regulations governing the operation of motor carriers.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1384 Application to change tariff or for approval of revision or modification to contract. (NRS 706.171, 706.321)
1. In addition to the requirements established for pleadings, an application to change the tariff of any motor carrier, issuing agency or agent, including, without limitation, new rates for services authorized under a certificate, and new rules and regulations under a carrier’s tariff, must include as exhibits attached thereto:
(a) A statement in the form of a tariff showing in full the rates or fares or the regulations proposed to be put into effect.
(b) A statement in the form of a tariff showing the rates or fares or the regulations which will be superseded by the proposed tariff.
(c) A complete and accurate statement of the circumstances and conditions relied on as justification for the proposed change, including, without limitation, the following information:
(1) The change in the total amount of intrastate revenue in the State of Nevada that the proposed rates would have produced if the rates had been in effect during the preceding year.
(2) The applicant’s reasons that the proposed rates would be reasonable.
(d) An operating statement for the full 12-month period immediately preceding the date of application, insofar as is practicable.
(e) A balance sheet for the entire operations of the carrier as of the date of the statement required pursuant to paragraph (d).
(f) In any application for any item that has not been included previously in the applicant’s tariff, cost data, including, without limitation, a 12-month pro forma income statement, that is sufficient to demonstrate that the proposed rate would be fully compensatory and would not involve an excessive charge.
(g) Such other information as the Authority or the applicant considers to be necessary or appropriate for a complete understanding of the application.
2. In addition to the requirements established for pleadings, an application for the approval of any revision or modification to a contract submitted by a contract motor carrier to the Authority must include as exhibits attached thereto:
(a) A copy of the proposed contract as revised or modified;
(b) A complete and accurate statement of the circumstances and conditions relied on as justification for the proposed change, including, without limitation:
(1) The change in the total amount of intrastate revenue in the State of Nevada that would have been produced if the contract with the proposed revisions or modifications had been in effect during the preceding year; and
(2) The reasons of the applicant for the revision or modification which demonstrate that the proposed contract as revised or modified would be reasonable;
(c) An operating statement for the entire 12-month period immediately preceding the date of the application, insofar as is practicable;
(d) A balance sheet for the entire operation of the carrier as of the date of the operating statement required by paragraph (c);
(e) For any item not included previously in the approved contract of the applicant, cost data, including, without limitation, a 12-month pro forma income statement which is sufficient to demonstrate that the proposed contract as revised or modified would be fully compensatory and would not involve an excessive charge; and
(f) Such other information as the Authority or the applicant considers to be necessary or appropriate for a complete understanding of the application.
3. Suggested language for the public notice to be published in accordance with NAC 706.1355 may be submitted by the applicant.
4. The provisions of subsection 1 apply to all applications for rate changes made by common and contract motor carriers under the jurisdiction of the Authority.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
NAC 706.1385 Form and format for tariffs and supplements. (NRS 706.171, 706.321)
1. Tariffs or supplements must be in loose-leaf form on good quality paper which is 8 1/2 by 11 inches, typed or reproduced by any clear, legible and durable process. If the tariff is also filed with the Surface Transportation Board and the Surface Transportation Board allows a size or format different from that specified by the Authority, that different size will be accepted by the Authority.
2. The format must be as follows:
(a) On each page, a 1-inch margin must be provided on the left-hand or binding edge and a 1/2-inch margin provided on the right-hand side. No printing or writing may appear in these margins.
(b) Each page must be numbered in the upper left-hand corner beginning with “Original Title Page, Original Page 1, Original Page 2,” and so forth.
(c) Each page (Form 24C*), except the title page, must have:
(1) In the upper right-hand corner, the number of the Authority assigned to that tariff by the motor carrier, issuing agency or agent.
(2) In the center at the top, the name of the carrier, issuing agency or agent and the name of the business, if any. The name, description and number of the tariff must be placed below the names.
(3) In the lower left-hand corner, between the text on the page and the statement of the issuing officer, the word “Issued” and on the same line in the lower right-hand corner, the word “Effective.”
(4) On the bottom of the page, in the center, below “Issued” and “Effective,” the words “Issued by” followed by the name of the issuing officer, his address, city, state and zip code number.
(d) The title page (Form 24A*) must have:
(1) In the upper right-hand corner, the number of the Authority assigned to that tariff by the motor carrier, issuing agency or agent.
(2) In the center of the page, the name of the carrier, issuing agency or agent and the name of the business, if any. The name, description and number of the tariff must be placed below the names.
(3) In the lower left-hand corner, the word “Issued” and, immediately below, the word “Effective.” The lower right-hand corner must be left blank for use by the Authority.
(4) On the bottom of the page, in the center, on the same line as “Issued,” the words “Issued by,” followed by the name of the issuing officer, his address, city, state and zip code number.
(e) Each new (Form 24D*) or revised page filed must have the date of issue by the name of the motor carrier inserted after the title “Issued.” The space after “Effective” may be left blank on strictly intrastate tariffs in the State of Nevada. Any desired effective date in such a case must be included in the applicant’s transmittal letter. An effective date must be inserted in the space after “Effective” in joint tariffs filed with the Authority and the Surface Transportation Board.
(f) If a new or revised page is filed cancelling a page (Form 24B*), the new page must read:
1st revised page...................... (fill in page number)
cancels
Original page......................... (fill in page number)
A revised page only cancels one page and does not cancel any other page.
(g) Except as otherwise provided in NAC 706.3983, six copies of regulations or rates, or both, must be filed with the Authority at least 30 days before becoming effective.
(h) Any changes on a page which has been filed must be clearly marked with one of the following codes:
(1) -Increase.
(2) -Reduction.
(3) -Change resulting in neither an increase nor a reduction.
(4) Any other pertinent symbol or abbreviation.
Ê A separate page may be used for these codes (Form 24C*) or, when symbols are used, a note explaining them may be placed at the bottom of the page or within the block containing the affected item.
(i) Each new or revised page must have a correction number assigned to it beginning with Correction No. 1 and continuing numerically as new or revised pages are entered in that tariff filing, inserted below the bottom line in the left-hand corner of the page (Form 24E*). Each tariff filed must have a checking sheet for correction numbers (Form 24C*) on page 1 and must be referred to as that tariff filing is revised. One correction number must be assigned to each new or revised page, and no correction number may be used for more than one page.
(j) If any tariff is reissued that completely cancels a current tariff (Form 24E*), the reissued tariff must bear the same tariff number as the current tariff, suffixed by a letter, for example, Tariff No. 1-A, and continuing through the alphabet as that tariff is reissued. The reissued tariff will be assigned a new number that does not duplicate any other number on any other tariff held by that motor carrier, issuing agency or agent and must be displayed on the reissued tariff as follows:
T.S.A. No. 2
cancels
T.S.A. or P.S.C.N. No. 1
Tariff No. 1-A
cancels
Tariff No. 1
3. The provisions of this section, except paragraphs (g) and (h) of subsection 2, do not apply to the National Motor Freight Classification or the ATA Hazardous Materials Tariff.
*See adopting agency for form.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1386 Transmittal letter. (NRS 706.171, 706.321)
1. Each tariff filing must be accompanied by six copies of a transmittal letter and the appropriate filing fee. To acknowledge receipt of the filing, a copy of the transmittal letter will be dated and returned by the Authority to the applicant.
2. The transmittal letter must state the effect, if any, the filing will have on the currently effective tariffs of the motor carrier and include a reference to those tariffs affected.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1387 Table of contents, index and list of certificates required for tariff. (NRS 706.171, 706.321) Each loose-leaf or bound tariff and any supplement to a bound tariff which exceeds 10 pages, except supplements to rate increases, must have:
1. A table of contents, listing in alphabetical order all regulations and rate sections that are included in the filing. The table must state the item number, a brief description of the item and the page number where the item can be found.
2. If there is more than one carrier to a tariff filing, an alphabetical index of the participating carriers, listing each item number to which each listed carrier is a party.
3. A list of the certificates of public convenience and necessity in this State that are held by each motor carrier participating in the tariff filing. This list must contain a description of the routes or territory that the motor carrier is authorized to serve under each certificate and a list of the commodities that the motor carrier is authorized to transport under each certificate.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
NAC 706.1388 Tariff with change of condition. (NRS 706.171, 706.321) The filing of any tariff sheet which results in any change in any rate or charge or in a more restrictive condition must be filed as part of the application required pursuant to NAC 706.1384.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.1389 Posting of tariffs. (NRS 706.171, 706.346)
1. Each motor carrier shall post at each of its stations and offices a complete copy of currently available tariff schedules applicable to those stations and offices.
2. Each motor carrier shall maintain on file at its principal place of business a complete copy of all of its currently effective tariff schedules.
3. This rule does not require the motor carrier to post tariff schedules at locations other than its own offices or terminals.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.139 Participation in rates by tariff bureau. (NRS 706.171, 706.321) Nothing in NAC 706.138 to 706.139, inclusive, will be construed to preclude a motor carrier, issuing agency or agent from filing a tariff pursuant to NRS 706.321, requesting the approval of the Authority on 10 days’ notice of that carrier’s participation in a tariff bureau’s rates which have previously been filed with and approved by the Authority.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)
Regulation of Motor Carriers Generally
NAC 706.140 Required compliance and instruction. (NRS 706.171) Every common or contract motor carrier shall comply with NAC 706.147 to 706.269, inclusive, and shall instruct his employees and agents concerned with the transportation of persons or property by motor vehicle with respect thereto.
[Pub. Service Comm’n, Gen. Order 5 Rule 405, eff. 12-1-62]—(NAC A 9-11-87; 9-16-92; A by Dep’t of Motor Veh. by R062-06, 6-28-2006)
NAC 706.147 Provider of free shuttle service: Consideration as common motor carrier. (NRS 706.036, 706.171)
1. The Authority will consider a provider of free shuttle service to passengers who may or may not have baggage to be a common motor carrier unless all of the following conditions are met:
(a) The provider’s business is not the transportation of property or passengers and any transportation furnished is incidental to its business.
(b) The provider indicates in any advertisement including information on free transportation that the transportation will only be furnished to its customers. Such information must be incidental to an advertisement of the business.
(c) The provider ensures that transportation is provided only to its customers.
(d) Except as otherwise provided in this paragraph, transportation is furnished only if the provider’s place of business is the point of origin or the point of destination of each customer’s trip. If the provider is a health insurer licensed to transact insurance in this State, the provider may provide transportation, other than emergency transportation, to an insured between a medical facility where medical services covered by the health insurer have been or will be rendered and another medical facility or the residence of the insured.
(e) The driver is prohibited from soliciting gratuities, either directly or indirectly, or from placing a container for gratuities in the vehicle used to provide the free shuttle service. The driver may accept unsolicited gratuities.
(f) The driver is not compensated based upon the number of persons transported in a given period.
(g) The vehicle used to provide the free shuttle service is owned by and registered to:
(1) The provider, at the place of business of the provider;
(2) A subsidiary of the provider, at the place of business of the subsidiary;
(3) An affiliate that controls the provider, at the place of business of the affiliate; or
(4) A certificate holder, at the place of business of the certificate holder.
(h) The driver is employed by the person to whom the vehicle used to provide the free shuttle service is registered, as set forth in paragraph (g), or an affiliate of that person.
(i) The vehicle used to provide the free shuttle service is properly marked on each side of the vehicle with the name or logo of the provider. Such markings must be at least 2 inches high and be visible from a distance of at least 50 feet.
2. The Authority will not consider the placement of the name of the business on the side of the vehicle used to provide the free shuttle service as an advertisement for transportation.
3. As used in this section:
(a) “Affiliate” has the meaning ascribed to it in NRS 692C.030.
(b) “Subsidiary” has the meaning ascribed to it in NRS 692C.100.
(Added to NAC by Pub. Service Comm’n, eff. 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002)
NAC 706.149 Equity capital: Minimum requirement; proof; failure to comply. (NRS 706.171)
1. After receiving a certificate or permit, every fully regulated carrier shall maintain an investment of not less than 20 percent equity capital in his operations and include proof that he meets this requirement in his annual report filed with the Authority.
2. A fully regulated carrier who does not meet the requirement of subsection 1 shall, within 3 months after receiving notice from the Authority of that failure, file a plan proposing the specific steps he will take to meet that requirement within the next 12 months.
3. Within 15 months after receiving notice from the Authority that he does not maintain adequate equity capital, a fully regulated carrier must have an investment of not less than 20 percent equity capital in his operations.
4. The certificate or permit of a fully regulated carrier who does not comply with this section may be revoked by the Authority.
[Pub. Service Comm’n, part Gen. Order 5, eff. 6-30-65]—(NAC A 9-1-87; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R090-05, 12-29-2005)
NAC 706.152 Determination of financial ability and investigation of applicant; dismissal of incomplete application. (NRS 706.171)
1. The burden of proof lies with the applicant for any fully regulated operating authority to satisfy the Authority of its financial ability to perpetuate a continuous service, as applied for, consistent with the public interest. The background of an applicant may be considered by the Authority before granting any privilege. In determining an applicant’s financial ability, the Authority may consider:
(a) Equity capital sufficient to acquire the necessary property and equipment, but not less than that required by NAC 706.149;
(b) The reasonableness of rates to be charged;
(c) The applicant’s current ratio of assets to liability;
(d) The financial condition of the principals if the applicant is a partnership;
(e) The requirements for capital for the first 12 months of operations;
(f) The reasonableness of any estimates for the operation; and
(g) Any other evidence the Authority deems relevant.
2. The Authority will make an investigation before the issuance of a certificate or permit.
3. An application that does not comply with NAC 706.1375 may be dismissed by the Authority without prejudice on the motion of a party to the proceeding. Such a motion must be in writing and filed before the commencement of any hearing on the application.
[Pub. Service Comm’n, Gen. Order 5 Rule 216, eff. 12-1-62]—(NAC A 9-1-87; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R090-05, 12-29-2005)
NAC 706.155 Notice of application for certificate or permit; hearing. (NRS 706.171)
1. If an application for a certificate or permit is filed with the Authority, notice will be given to the public so that any affected person will have an opportunity to state his position before the issuance of the certificate or permit.
2. If the Authority:
(a) Receives a valid petition for leave to intervene; and
(b) Grants leave to intervene pursuant to NAC 706.3968,
Ê a hearing will be held unless all petitioners withdraw before the time set for hearing, and the Authority has sufficient information on which to establish that the applicant is financially fit and otherwise capable of providing safe transportation.
[Pub. Service Comm’n, Gen. Order 5, eff. 6-30-65]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)
NAC 706.158 No property right in grant of authority. (NRS 706.171) No grant of authority for either common or contract carriage granted after December 1, 1962, carries with it the implication or intent of investing the holder with any property right.
[Pub. Service Comm’n, Gen. Order 5 Rule 223, eff. 12-1-62]
NAC 706.161 Limitations on shipments of express and light express. (NRS 706.171)
1. Shipments of express may not exceed 200 pounds per package, or an aggregate of 600 pounds per shipment from one consignor to one consignee.
2. Shipments of light express may not exceed 100 pounds in weight, 50 cubic feet in bulk and 10 feet in length per package and a weight in the aggregate of 400 pounds per shipment.
3. Express and light express do not include:
(a) Goods which are inherently dangerous to passengers or personal property being transported in the same vehicle;
(b) Goods which require the use of special equipment for handling;
(c) Household goods;
(d) Goods which would harm or contaminate other shipments of equipment;
(e) Class A or Class B explosives; or
(f) Articles which require the use of an armored vehicle or a guard.
[Pub. Service Comm’n, Gen. Order 5 Rule 135, eff. 12-1-62]—(NAC A 9-1-87)
NAC 706.164 Commencement of operations. (NRS 706.171)
1. Unless otherwise authorized by the Authority, each applicant for a certificate or a permit, or the transfer of a certificate or permit, whose application has been granted must commence operations within 30 days after the date on which the certificate or permit was issued, or forfeits the rights granted.
2. No applicant may start operating until he has complied with all requirements of the law and the regulations of the Authority, unless otherwise ordered by the Authority.
[Pub. Service Comm’n, Gen. Order 5 Rule 204, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.167 Use of trade or fictitious name. (NRS 706.171) No carrier may use any trade name or any fictitious name unless the name is authorized for the carrier’s use by order of the Authority.
[Pub. Service Comm’n, Gen. Order 5 Rule 134, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.170 Identification on vehicles. (NRS 706.171, 706.281)
1. Except as otherwise provided in this section, common or contract motor carriers operating in intrastate commerce, when traversing the highways of this State, shall have the name of the carrier operating the vehicle firmly attached to each side of the unit having motive power in letters not less than 2 inches high in sharply contrasting colors which are legible from a distance of at least 50 feet.
2. Private carriers operating in intrastate commerce, when traversing the highways of this State, shall have the name of the carrier operating the vehicle firmly attached to each side of the unit having motive power in the manner, size and style prescribed in subsection 1, except single-unit motor vehicles with an unladen weight of 10,000 pounds or less.
3. Except as otherwise provided in subsections 4 and 5, every common or contract motor carrier operating under the jurisdiction of the Authority shall, after March 1, 1999, have the symbols “CPCN” and the number of his certificate, or the symbols “MV” and the number of his permit if he is operating under a permit for a contract motor carrier, painted or affixed upon each side of the unit having motive power, in the manner, size and style prescribed in subsection 1.
4. If the carrier operating a limousine has firmly affixed and exhibited on each side of the vehicle a symbol or printed sign that has been approved by the Authority and is visible from a distance of at least 50 feet, the name of the carrier is not required to be displayed as prescribed in subsection 1. The number of the certificate of the carrier and the symbols “CPCN” must be not less than 2 inches high and must be placed on either the rear bumper or at the rear of the vehicle.
5. A lessee operating a unit having motive power pursuant to a short-term or long-term lease shall have his name and number painted or affixed on the vehicle.
6. Any removable sign or placard must be made of a durable material such as wood, plastic or metal. Each device must bear a serial number in the carrier’s own series, and the carrier shall keep a proper record of each number.
[Pub. Service Comm’n, Gen. Order 5 Rule 404, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002)
NAC 706.175 Carriers required to obtain warehouse permits: Proof of insurance. (NRS 706.171, 706.291, 712.050, 712.070) A common or contract motor carrier who is required to obtain a warehouse permit pursuant to NRS 712.050 shall, at the time of paying the annual fee, demonstrate proof of insurance as required by NRS 706.291.
(Added to NAC by Pub. Service Comm’n, eff. 9-16-92)
NAC 706.191 Insurance. (NRS 706.171, 706.291, 706.303)
1. All common and contract carriers shall maintain a contract of insurance against liability for injury to persons and damage to property in the following minimum amounts:
(a) Carriers authorized to transport persons only or persons and property:
|
|
Limit for bodily injuries to or death of one person |
Limit for bodily injuries to or death of all persons injured or killed in any one accident |
Limit for loss or damage in any one accident to property of others, excluding cargo |
|
Horse-drawn vehicles and taxicabs |
$250,000 |
$500,000 |
$50,000 |
|
7 passengers or less, including the driver, other than a taxicab |
1,500,000 |
1,500,000 |
1,500,000 |
|
8 to 15 passengers, inclusive, including the driver |
1,500,000 |
1,500,000 |
1,500,000 |
|
16 passengers or more, including the driver |
5,000,000 |
5,000,000 |
5,000,000 |
|
Freight only |
750,000 |
750,000 |
750,000 |
Any of these amounts may be a single combined limit.
(b) Except as otherwise provided in subsection 3, carriers authorized to transport the following commodities:
|
|
Limit for bodily injuries to or death of one person |
Limit for bodily injuries to or death of all persons injured or killed in any one accident, subject to a maximum of $300,000 for bodily injuries to or death of each person |
Limit for loss or damage in any one accident to property of others, excluding cargo |
|
Hazardous substances as defined in 49 C.F.R. § 171.8, as that section existed on April 1, 2000, liquefied compressed gas or compressed gas in cargo tanks, portable tanks or hoppers with capacities of more than 3,500 liquid gallons |
$300,000 |
$2,500,000 |
$5,000,000 |
|
Oil as listed in 49 C.F.R. § 172.101 and hazardous materials and substances as defined in 49 C.F.R. § 171.8 and listed in 49 C.F.R. § 172.101, as those sections existed on April 1, 2000 |
300,000 |
2,500,000 |
1,000,000 |
|
Class A or Class B explosives, poisonous gas or radioactive materials as defined in 49 C.F.R. § 172.101 |
300,000 |
2,500,000 |
5,000,000 |
2. Each common or contract motor carrier shall maintain insurance in the following minimum amounts to compensate shippers or consignees for loss of or damage to property belonging to shippers or consignees and coming into the possession of a common or contract motor carrier in connection with his services:
(a) For loss of or damage to property carried on any one motor vehicle, $15,000.
(b) For loss of or damage to property occurring at any one time and place, or an aggregate of such losses or damages to property, $30,000.
3. If the minimum amount of insurance required to be maintained pursuant to Title 49 of the Code of Federal Regulations is increased above the amount listed in this section, the common or contract carrier shall maintain insurance in an amount that is equal to or greater than the federally required minimum amount.
4. A common or contract carrier shall file with the Authority evidence of the necessary insurance for each vehicle to be operated by the carrier as often as necessary to ensure that such evidence is current.
[Pub. Service Comm’n, Gen. Order 5 Rule 410, eff. 12-1-62]—(NAC A 9-1-87; 11-22-89; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.192 Programs of self-insurance. (NRS 706.171, 706.291)
1. A common or contract motor carrier may apply to operate under a program of self-insurance in lieu of or in addition to the insurance required by NAC 706.191.
2. The application must include, without limitation, the following:
(a) A certificate of self-insurance issued by the Department pursuant to NRS 485.380.
(b) A letter requesting approval of the program of self-insurance and stating that the applicant understands the provisions of this section.
(c) A proposal setting forth the proposed surety and an explanation of how it corresponds to the requirements of NAC 706.191.
(d) A copy of the carrier’s application to the Department for the certificate of self-insurance and a copy of all attachments accompanying the application.
(e) A letter from an adjusting company stating that it has agreed to handle any claims against the carrier if the program of self-insurance is approved by the Authority.
(f) Any other information that the applicant considers relevant to the application or the Authority may request.
3. A common or contract motor carrier may apply for self-insurance at the time of an application for a certificate, permit or license or at any time after the granting of a certificate, permit or license. If a carrier applies after the initial issuance of a certificate, permit or license, that carrier must maintain the insurance effective for that certificate, permit or license until the program of self-insurance is approved.
4. A common or contract motor carrier may combine a contract of insurance and another surety in proposing its guarantee. The carrier must arrange for an adjusting company to handle any claims that may arise under the surety.
5. Before the Authority grants approval of a program of self-insurance, the common or contract motor carrier must satisfy the Authority that the total surety proposed meets the minimum required pursuant to NAC 706.191.
6. The common or contract motor carrier shall, at all times, ensure that any change in its financial position or other circumstances does not jeopardize the surety or the protection of the public.
7. Exemption from the coverage of the insurance of materials and commodities having a low value may, upon specific application by a carrier, be authorized by the Authority. An authorized carrier may apply for this exemption whether it is self-insured or otherwise meets the requirements of NAC 706.191.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)
NAC 706.193 Evidence of insurance; change in information. (NRS 706.171, 706.291)
1. Before a certificate or permit will be issued, the applicant shall:
(a) File with the Authority evidence of the necessary insurance for each vehicle to be operated by the applicant on the form entitled “Bodily Injury and Property Damage (BI/PD) Form E,” and on the form entitled “Cargo Form H” when applicable;
(b) Satisfy the requirements of NAC 706.192 for self-insurance; or
(c) File with the Authority a certificate of self-insurance obtained from the Department pursuant to NRS 485.380.
2. The forms required pursuant to paragraph (a) of subsection 1 are available from an insurance agent or from Uniform Printing and Supply Incorporated, 132 Flatbush Avenue, Kingston, New York 12401, or Kohnke Printing Company, 375 Fremont Street, San Francisco, California 94105.
3. After the Authority issues a certificate pursuant to NRS 706.391 or a permit pursuant to NRS 706.431, the certificate holder or holder of the permit shall submit any change in the information required pursuant to subsection 1 to the Authority within 30 days after the change occurs.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 11-22-89; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)
NAC 706.194 Interference with inspections. (NRS 706.171) No driver, agent or representative of a carrier may interfere with, refuse, deny or hinder the Authority or its appointed representatives from making any inspection, investigation or examination of any carrier’s vehicle, record or documents.
[Pub. Service Comm’n, Gen. Order 5 Rule 411, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.197 Statement required in bid to provide service as contract motor carrier. (NRS 706.171) Any bid to provide service as a contract motor carrier must state that the person submitting the bid is authorized by the Authority to provide that service or, if he is not so authorized, that the submission of the bid is conditioned upon the granting of that authorization by the Authority.
[Pub. Service Comm’n, part Gen. Order 5, eff. 6-30-65]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.200 Submission of bills of charges; payment of accounts. (NRS 706.171)
1. Every fully regulated carrier shall submit a bill of charges for his services to a customer within 30 days after the rendition of services.
2. A fully regulated carrier shall require all accounts to be paid in full within 45 days after the rendition of services unless another period is approved by the Authority in the carrier’s tariff.
3. A fully regulated carrier shall not submit more than one bill of charges to a customer for the same services without making a reference to the first bill on any subsequent bill.
[Pub. Service Comm’n, Gen. Order 5 Rule 202, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R090-05, 12-29-2005)
NAC 706.203 Maintenance of records. (NRS 706.167, 706.171, 706.172)
1. An authorized carrier operating motor vehicles within this State shall maintain a centralized accounting system and the records required by the Authority in a designated headquarters.
2. All records required to be maintained by the Authority must be maintained by the authorized carrier for at least 3 years and are subject to inspection or audit by the Authority or its designated agent at any time during regular business hours.
[Pub. Service Comm’n, Gen. Order 5 Rule 201, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.206 Notification of corporate changes; approval of sale of corporate control. (NRS 706.171, 706.6411)
1. All common and contract carriers operating within this State under the jurisdiction of the Authority shall notify the Authority of any changes in address or location of points where equipment will be located, officers of the corporation, or an intended sale, transfer, lease or discontinuance of operations under the authority granted them in their certificate or permit.
2. Any carrier, before the purchase or sale of the corporate control, must have the approval of the Authority.
[Pub. Service Comm’n, Gen. Order 5 part Rule 206, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.208 Lease of equipment by authorized carrier: Generally. (NRS 706.171)
1. Except as otherwise provided in subsections 2 and 3, and NAC 706.210 and 706.211, an authorized carrier may lease equipment for his own use, with or without a driver, on the basis of a long-term lease. For such a lease:
(a) An authorized carrier who is a fully regulated carrier may lease equipment on a one-for-one basis to supplement the carrier’s fleet up to the entire amount of similar equipment owned and currently operated by the carrier under the operating authority of the carrier.
(b) Including the vehicles leased by an authorized carrier pursuant to this section, the total number of vehicles operated by the carrier must not exceed, under any circumstances, the total number of vehicles that the carrier is authorized to operate under the certificate or permit of the carrier.
(c) The authorized carrier may use his own insurance or insurance of the lessor to meet the insurance requirements of NAC 706.191.
(d) The authorized carrier must ensure that all leased vehicles meet the vehicle safety requirements of NAC 706.379 and 49 C.F.R. Part 396.
(e) The authorized carrier must have a copy of the lease, proof of insurance and reports of vehicle safety on file at his office upon commencement of the lease.
2. Except as otherwise provided in subsection 3 and NAC 706.210 and 706.211, an authorized carrier who leases equipment for his own use, with or without a driver, on the basis of a short-term lease:
(a) May use his own insurance or insurance of the lessor to meet the insurance requirements of NAC 706.191;
(b) Must ensure that all leased vehicles meet the vehicle safety requirements of NAC 706.379 and 49 C.F.R. Part 396; and
(c) Must have a copy of the lease, proof of insurance and reports of vehicle safety on file at his office upon commencement of the lease.
3. The Authority may approve the lease of equipment that does not comply with subsection 1 or 2 if:
(a) The authorized carrier files a petition for a waiver of the requirement with which the lease does not comply; and
(b) The Authority finds that approval of the lease would be in the public interest.
Ê The Authority will issue a public notice of the receipt of a petition for a waiver received pursuant to this subsection.
4. Leased equipment may only be used in an operation authorized by the lessee’s certificate or permit and must be identified as operated by the lessee. A copy of the lease must be carried with the equipment during the period of the lease.
5. Work may not be performed pursuant to an expired lease.
6. An authorized carrier may lease restored theme or antique vehicles if the Authority approves the lease before its commencement. The Authority will approve the lease if:
(a) The leased vehicle is used only for special occasions; and
(b) Arrangements to lease the vehicle are made at least 7 days before the commencement of the lease.
7. Every lease of equipment by an authorized carrier must be in writing, dated and signed by the parties thereto or an authorized agent or employee of the parties.
8. The leased equipment must be under the control and direction of the authorized carrier.
9. The leased equipment must be operated within the scope of the operating authority of the authorized carrier and in conformance with the tariff of the authorized carrier.
10. The driver of a leased vehicle must be under the complete control and direction of the authorized carrier. The authorized carrier must:
(a) Ensure that all drivers meet and maintain the driver qualifications required pursuant to NAC 706.247; and
(b) Be free to enforce rules regarding working and driving.
11. The authorized carrier may not avoid liability for any damages arising out of the negligent operation of the equipment through the terms of the lease.
12. The terms of any lease of equipment pursuant to this section must include, without limitation, a provision that the equipment must be insured in accordance with the provisions of NAC 706.191. A lessee may use his insurance or the lessor’s insurance to satisfy the requirements of NAC 706.191. A copy of the insurance used by a lessee to satisfy the requirements of NAC 706.191 must be made available for review by the Authority.
13. The compensation to be paid for any leased equipment must be fixed at the inception of the lease and may include a specific sum or formula for calculating the compensation for the duration of the lease.
14. A vehicle leased pursuant to this section must be identified in accordance with NAC 706.170 as operated by the lessee.
15. For the purposes of this section, equipment leased by an authorized carrier pursuant to a bona fide capital lease, as that term is defined by generally accepted accounting principles, shall be deemed to be equipment that is owned by the authorized carrier. The provisions of this section do not apply to such a lease.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 11-15-88; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002; R090-05, 12-29-2005)
NAC 706.209 Lease of replacement equipment by authorized carrier. (NRS 706.171)
1. When mechanical or body damage causes equipment to be out of service for at least 3 days, an authorized carrier of property or passengers may lease replacement equipment on a one-for-one basis to supplement its fleet up to the entire amount of similar equipment owned and currently operated by the carrier under its certificate or permit. Equipment that is owned by the carrier and used in the services of intrastate transportation in this State must be used to determine what constitutes similar equipment.
2. An authorized carrier shall not lease any kind of replacement equipment to provide transportation if the carrier does not currently own similar equipment.
3. The Authority may approve the lease of replacement equipment if, at the time of the lease, the authorized carrier provides, in writing, to the Authority:
(a) Identification, by make, model, license plate and vehicle identification number, of the equipment placed out of service;
(b) Identification of the mechanical or body damage causing the equipment to be placed out of service;
(c) The estimated time during which the equipment will be out of service; and
(d) A copy of the lease for the replacement equipment.
4. Notwithstanding any provision of NAC 706.210 or 706.211 to the contrary, leases approved pursuant to this section will not be considered leases for the purposes of NAC 706.210 and 706.211.
[Pub. Service Comm’n, Gen. Order 5 Rule 213, eff. 12-1-62]—(NAC A 9-1-87; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.210 Lease of vehicle by common motor carrier for use as traditional limousine or livery limousine. (NRS 706.171)
1. A common motor carrier authorized to operate a traditional limousine or livery limousine shall not lease any vehicle that it uses as a traditional limousine or livery limousine without the prior approval of the Chairman or his designee.
2. A carrier must submit a request for the approval of such a lease to the Authority at least 10 working days before the execution of the lease. The Chairman or his designee shall approve or disapprove the lease within 10 working days after receiving the request for the approval of the lease. If the Chairman or his designee does not approve or disapprove the lease within 10 working days after receiving the request for approval of the lease, the lease shall be deemed to be approved.
3. The Chairman or his designee shall approve such a lease if:
(a) The vehicle will be leased for not more than 14 days;
(b) The vehicle will be used only in an operation authorized by the certificate of the carrier;
(c) Including the vehicles to be leased by the carrier under the lease:
(1) Not more than one-half of the vehicles of the carrier will be leased; and
(2) The total number of vehicles operated by the carrier does not exceed the number of vehicles the carrier is authorized to operate pursuant to its operating authority;
(d) The driver of the vehicle will be an employee of the carrier who has no ownership interest in the vehicle; and
(e) The carrier demonstrates to the satisfaction of the Chairman or his designee that the carrier temporarily needs to increase the size of its fleet, including, without limitation, facts which indicate that the carrier expects to experience:
(1) An increase in customer demand; or
(2) A decrease in the size of its permanent fleet.
4. If a lease is approved pursuant to this section:
(a) A copy of the lease must be submitted to the Authority not later than the date on which the lease becomes effective; and
(b) A copy of the lease and a copy of the approval of the lease must be:
(1) Carried in the vehicle during the period of the lease; and
(2) Maintained by the carrier for a minimum of 3 years.
5. A carrier may not lease vehicles for more than 45 days in any calendar year.
6. The approval of a lease pursuant to this section does not relieve the carrier of the obligation to comply with all other laws that otherwise apply with respect to the operation of the traditional limousine or livery limousine.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.211 Lease of vehicle by common motor carrier authorized to provide off-road scenic tours. (NRS 706.171)
1. A common motor carrier authorized to provide off-road scenic tours shall not lease any vehicle without the prior approval of the Chairman or his designee.
2. A carrier must submit a request for the approval of such a lease to the Authority at least 10 working days before the execution of the lease. The Chairman or his designee shall approve or disapprove the lease within 10 working days after receiving the request for the approval of the lease. If the Chairman or his designee does not approve or disapprove the lease within 10 working days after receiving the request for the approval of the lease, the lease shall be deemed to be approved.
3. The Chairman or his designee shall approve such a lease if:
(a) The vehicle will be leased for not more than 14 days;
(b) The vehicle will be used only in an operation authorized by the certificate of the carrier;
(c) The driver of the vehicle will be an employee of the carrier who has no ownership interest in the vehicle; and
(d) The carrier demonstrates to the satisfaction of the Chairman or his designee that the carrier temporarily needs to increase the size of its fleet, including, without limitation, facts which indicate that the carrier expects to experience:
(1) An increase in customer demand; or
(2) A decrease in the size of its permanent fleet.
4. If a lease is approved pursuant to this section:
(a) A copy of the lease must be submitted to the Authority not later than the date on which the lease becomes effective; and
(b) A copy of the lease and a copy of the approval of the lease must be:
(1) Carried in the vehicle during the period of the lease; and
(2) Maintained by the carrier for a minimum of 3 years.
5. A carrier may not lease vehicles for more than 45 days in any calendar year.
6. The approval of a lease pursuant to this section does not relieve the carrier of the obligation to comply with all other laws that otherwise apply.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.212 Prohibited rentals, leases and sales. (NRS 706.171)
1. Fully regulated carriers authorized by the Authority shall not rent or lease vehicles to a shipper or consignee, with or without drivers.
2. An authorized carrier who is a fully regulated carrier shall not lease or rent to any person the authority of the carrier to engage in the intrastate transportation of property or passengers. An authorized carrier is responsible for and shall monitor the daily operation of the carrier.
3. An authorized carrier who is a fully regulated carrier shall not authorize any person to sell the transportation services of the carrier other than:
(a) The carrier’s employees; or
(b) A person who manages the business of the carrier pursuant to an agreement entered into pursuant to NAC 706.250.
[Pub. Service Comm’n, Gen. Order 5 Rule 214, eff. 12-1-62]—(NAC A 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R090-05, 12-29-2005)
NAC 706.213 Requirements for lease; term. (NRS 706.171) A lease must be in writing and signed by each party or his authorized agent or employee. A lease for less than 30 days will be considered a short-term lease and a lease for 30 days or more will be considered a long-term lease.
(Added NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.215 Leases by private motor carriers. (NRS 706.171)
1. Every lease of motorized equipment by a private motor carrier must be in writing, dated and signed by the parties thereto, or their regular employees or agents authorized to act for them in the execution of contracts, leases or other arrangements.
2. If a shipper leases a motor vehicle for use in the transportation of its products or goods, the leased vehicle must be placed in the complete possession and control and operated by the lessee’s own driver under the lessee’s sole and complete direction, control and responsibility.
3. The driver must be the lessee’s employee and subject to the complete control and direction of the lessee. There may be no connection between the lessor of the vehicle and the employment of the driver. The lessee must in actual practice be free to:
(a) Place any driver of its choice on the equipment;
(b) Terminate the employment of any driver without affecting the lease;
(c) Exercise its own discretion in assigning work to drivers;
(d) Improve and enforce rules on working and driving;
(e) Adjust salaries without regard to payments for the lease; and
(f) Deal with the driver as it does with its regular employees.
Ê Merely placing a driver on the payroll of the lessee or stating in the lease that the driver is an employee of the lessee is not sufficient.
4. The lessee must be responsible to the public for accidents arising out of the negligent operation of the equipment and for the cost of insurance, taxes for the highways and taxes on fuel, fuel and operating expenses.
5. The compensation paid for any leased vehicle:
(a) Must be fixed at the inception of the lease;
(b) Must include a specific sum for the duration of the lease; and
(c) May not be based on a division or percentage of the applicable rate for the transportation of a commodity in the vehicle during the period of the lease.
6. If:
(a) A driver is furnished, selected or specified by the lessor;
(b) The lessor reserves the right to furnish, select or specify a driver; or
(c) The continuation of the lease is contingent upon the use of the lessor or a person he designates as a driver,
Ê it will be presumed that the driver is the lessor’s driver, that the lessor is operating as a common motor carrier and that the lease is improper.
7. A private motor carrier shall not enter into any lease for equipment for less than 30 days or for one trip only, either one-way or for a round trip.
8. The driver of a vehicle leased by a private motor carrier shall not have a financial interest in the vehicle.
9. A copy of the lease must be carried in the vehicle at all times and the vehicle must be identified pursuant to NAC 706.170 as operated by the lessee. No work may be performed pursuant to an expired lease.
[Pub. Service Comm’n, Gen. Order 5 Rule 214A, eff. 12-1-62]—(NAC A 9-1-87, eff. 1-1-88)
NAC 706.218 Annual reports by fully regulated carriers. (NRS 706.167, 706.171)
1. Every fully regulated carrier shall keep an accurate record of the revenues from his operations in this State, operating and other expenses and other required information and include such information in his annual report covering the yearly period fixed by the Authority, unless otherwise provided by law. The Authority will prescribe the character of the information to be embodied in the annual report and furnish a blank form for the report.
2. Every fully regulated carrier shall keep and render to the Authority, in the manner, form and detail prescribed by the Authority, uniform and detailed accounts of all business transacted.
3. The accounts of every fully regulated carrier must be closed annually on the basis of either a calendar or fiscal year, and the annual report must be filed not later than May 15 for reports based on a calendar year or not later than 135 days after the end of the fiscal year for reports based on a fiscal year.
4. The Authority will request information omitted from reports or not provided for therein, if in its judgment additional information is necessary.
[Pub. Service Comm’n, Gen. Order 5 Rule 203, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002; R090-05, 12-29-2005)
NAC 706.221 Buses: Sign designating destination or service provided. (NRS 706.171) Each bus operated over a regular route or between fixed destinations must have attached to the front of the bus a sign with letters or figures not less than 3 inches in height designating the destination of the vehicle or service provided by the vehicle, unless otherwise ordered by the Authority. The sign may not be attached to the windshield of the bus.
[Pub. Service Comm’n, Gen. Order 5 Rule 209, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.224 Time schedules. (NRS 706.171) No vehicle to which the provisions of this section are applicable may be operated on any time schedule other than that approved by the Authority. Nothing contained in this section may be construed to prohibit the operation, in addition to the service described in the schedule in effect at the time, of special or extra trips over the route, or any part thereof, during rush hours or other extraordinary circumstances to care for additional business occasioned by an unusual condition.
[Pub. Service Comm’n, Gen. Order 5 Rule 207, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.227 Change of schedules. (NRS 706.171) The Authority reserves the right after investigation and hearing to arrange or rearrange schedules so as to prevent congestion and competition which is injurious to public welfare or to make connections with other transportation agencies. The schedule changes will be made by first giving 10 days’ notice to the carrier affected.
[Pub. Service Comm’n, Gen. Order 5 Rule 208, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.228 Solicitation of passengers. (NRS 706.171)
1. A certificate holder who is a fully regulated carrier or his employee shall not solicit passengers.
2. A certificate holder or his employee may:
(a) Answer questions posed by a potential passenger if the conversation is initiated by the potential passenger;
(b) Advertise on the side of a vehicle or on permanently located signs;
(c) Provide brochures in permanently mounted racks or stands;
(d) Establish booths in airports, hotels or other locations;
(e) Advertise in the media or through direct mailing;
(f) Conduct any other marketing activity which has been determined not to be solicitation by the Authority; or
(g) When engaged in the business of transferring persons from an airport, greet potential passengers using one of the following phrases:
(1) “May I help you?”
(2) “Good morning.”
(3) “Good afternoon.”
(4) “Good evening.”
3. With the prior approval of the Authority with regard to dates and locations, a driver may hold up a sign that contains the company name, the “CPCN” number, the approved rates and the words “For Hire.” Such a sign must be not more than 18 by 24 inches in size.
4. A certificate holder or his employee shall not stand or park a traditional limousine or livery limousine within 50 feet of a designated taxicab stand unless:
(a) The taxicab stand is located at an airport owned by a governmental entity; or
(b) The Chairman or his designee has authorized the certificate holder to stop or park the traditional limousine or livery limousine within 50 feet of the designated taxicab stand.
5. While on duty, a certificate holder who is a fully regulated carrier or his employee shall not stand within 50 feet of a designated taxicab stand to solicit transportation services unless:
(a) The taxicab stand is located at an airport owned by a governmental entity; or
(b) The Chairman or his designee has authorized the certificate holder to stop or park within 50 feet of the designated taxicab stand.
6. As used in this section, “solicit” includes, without limitation, inducing or attempting to induce persons by communication or other action to be transported. The term includes, without limitation:
(a) Except as otherwise provided in subsection 2, initiating conversation with potential passengers;
(b) Shouting information;
(c) Waving signs;
(d) Waving arms or hands;
(e) Flashing lights;
(f) Ringing bells;
(g) Blowing horns;
(h) Blocking access to other motor carriers; or
(i) Except as otherwise provided in subsections 2 and 3, any other activity designed to attract passengers,
Ê unless the passenger has arranged for the transportation by reservation or the driver is seeking a specific passenger who has requested that the driver’s vehicle be dispatched to the location.
(Added to NAC by Pub. Service Comm’n, eff. 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002; R090-05, 12-29-2005)
NAC 706.229 Requirements for employee who drives traditional limousine or livery limousine. (NRS 706.171)
1. In addition to the applicable requirements set forth in 49 C.F.R. §§ 391.1, 391.2, 391.11(a), 391.11(b)(1) to 391.11(b)(4), inclusive, 391.11(b)(6), 391.11(b)(7), 391.11(b)(8), 391.13, 391.15, 392.2, 392.3, 392.4, 392.5 and 392.9 and 49 C.F.R. Parts 40, 382, 390, 393 and 397, a certificate holder shall not allow an employee to drive a traditional limousine or livery limousine unless the employee:
(a) Is at least 21 years of age and has a valid Nevada driver’s license or is a border state employee, as that term is defined in NRS 483.035; and
(b) Provides to the certificate holder, on or before the date on which the employee becomes employed by the certificate holder as the driver of a traditional limousine or livery limousine:
(1) A certificate from a licensed physician which is dated not more than 90 days before the date on which the employee becomes so employed by the certificate holder and which demonstrates that the employee is physically qualified to operate a commercial motor vehicle in accordance with 49 C.F.R. § 391.43; and
(2) A copy of the driving record of the employee which is obtained from the Department and which demonstrates that the employee has not, within the 3 years immediately preceding the date on which the employee becomes so employed by the certificate holder:
(I) Been convicted of driving under the influence of an intoxicating liquor or a controlled substance;
(II) Been convicted of reckless driving;
(III) Been convicted of failing to stop and remain at the scene of an accident; or
(IV) Failed to keep a written promise to appear in court for any offense.
2. Each employee shall update annually the documents required pursuant to paragraph (b) of subsection 1.
3. A certificate holder shall retain a copy of each document submitted by an employee pursuant to this section for at least 3 years after his employment has terminated.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.230 Designation of registered agent. (NRS 706.171) All carriers shall file a designation of a registered agent residing within this State.
[Pub. Service Comm’n, Gen. Order 5 part Rule 206, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.232 Prohibited operations by contract motor carriers. (NRS 706.171) A contract motor carrier shall not:
1. Operate between fixed terminals, provide service over a regular route or operate over the same route or to the same points so frequently as to constitute a regularly scheduled route or service, unless approved by the Authority;
2. Operate in such a manner that would interfere with the operation of a common motor carrier;
3. Conduct any operation as a common motor carrier; or
4. Provide transportation pursuant to more than three contracts.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 4-28-88; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.236 Sanitary terminals required. (NRS 706.171) All terminals for the loading and unloading of passengers must be maintained in a safe, clean and sanitary condition at all times.
[Pub. Service Comm’n, Gen. Order 5 Rule 210, eff. 12-1-62]—(NAC A 9-1-87)
NAC 706.239 Provision of special services. (NRS 706.171)
1. Special services may be provided only by a common motor carrier authorized to provide such service, in connection with a special event, for which the carrier or a person on his behalf intends to provide transportation on the basis of individual fares. The rate for special services may include charges for items in addition to transportation, such as fees for admission, but the portion attributable to transportation must be specifically designated as such in the filed tariff.
2. A common motor carrier authorized to provide special services shall file with the Authority a tariff showing the per capita fares, minimum number of persons required for special services and the particular geographical points of origin and destination.
3. A common motor carrier offering special services shall not render the service unless a request for approval has been filed with the Authority at least 10 working days before the services are to be offered stating:
(a) The point or points of origin;
(b) The destination or destinations;
(c) The special event for which the service is to be provided; and
(d) The dates when the service is proposed to be rendered.
Ê The Chairman or his designee shall approve or disapprove the request for approval within 10 working days after receiving the request. If the Chairman or his designee does not approve or disapprove the request for approval within 10 working days after receiving it, the request shall be deemed to be approved. One copy of the request for approval must be carried in the vehicle making the trip, and one copy must be retained in the carrier’s files for at least 3 years.
4. A carrier may not operate over the same route or to the same points so frequently as to constitute a regular or scheduled service, unless otherwise specified by the Authority.
5. A common motor carrier authorized to provide special services shall not charter equipment to provide those services. He shall ensure that the use of his vehicles complies with the provisions of this chapter.
[Pub. Service Comm’n, Gen. Order 5 part Rules 117 & 212, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.242 Agreements to interchange equipment. (NRS 706.171)
1. An agreement between authorized carriers to interchange equipment must:
(a) Be in writing;
(b) Specifically describe the equipment involved;
(c) Describe the actual points of interchange;
(d) Identify the use to be made of the equipment by the receiving carrier and the consideration to be received by the lending carrier; and
(e) Be signed by each party to the agreement or his authorized representative.
2. The certificates held by the carriers participating in an agreement to interchange must authorize the transportation of the commodities proposed to be transported in the through movement and service from and to the point where the physical interchange occurs.
3. Property being transported must move on a through bill of lading issued by the originating carrier. Rates must be assessed and charges collected in the same manner as if no interchange of equipment had taken place. Charges against the lending carrier for the use of the equipment must be kept separate and distinct from the amount of the revenue each carrier realizes from the service performed.
4. Before taking possession of the interchanged equipment, a carrier must inspect the equipment and ensure that it is in compliance with the applicable regulations regarding safety.
5. An authorized carrier using a unit having motive power pursuant to an agreement to interchange equipment must visibly display his name and number of his certificate or license on the exterior of the vehicle. Before relinquishing control of the vehicle, he shall remove any legend showing him as the operating carrier.
6. A copy of the agreement or a statement signed by the signatories to the agreement:
(a) Certifying that the equipment is being operated by the authorized carrier;
(b) Properly identifying the equipment; and
(c) Showing the actual point of interchange and the date and time it was taken over by the carrier, must be carried with the unit having motive power while it is in the possession of the receiving carrier.
7. The authorized carrier shall keep a record identifying the vehicle, its owner and the use to which it is put. Bills of lading or other records adequately identifying the lading, including the origin, destination and date of each shipment, must accompany the equipment while it is being operated by the carrier. These records must be preserved by the carrier for 3 years. This subsection applies to all interchanged vehicles.
8. Work may not be performed pursuant to an expired agreement to interchange equipment.
[Pub. Service Comm’n, Gen. Order 5 Rule 215, eff. 12-1-62]—(NAC A by Dep’t of Motor Veh. & Pub. Safety and Pub. Service Comm’n, 8-26-86; A by Pub. Service Comm’n, 9-1-87)
NAC 706.243 Operator of interchanged equipment. (NRS 706.171) Equipment interchanged between common motor carriers will be deemed to be operated by the receiving carrier at the common point of interchange.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.245 Deviations from and restrictions on regular routes. (NRS 706.171)
1. A vehicle operated under a certificate for the transportation of passengers or property over a regular route or between fixed terminals may not be operated for hire over any route other than that specifically authorized under the certificate. If any portion of a route is temporarily closed for construction, repair or other reason, the vehicle may operate over the most direct and practicable detour, and the operation must be conducted pursuant to the same regulations as the original route. If the detour or deviation extends or is expected to extend for more than 10 days, the carrier shall notify the Authority either in writing or by telegram indicating the probable duration and the cause of the detour.
2. Unless otherwise provided in a certificate, authority for a regular route includes service to points or territory 1 mile on either side of the highway designated in the certificate or permit, but will not be construed to mean 1 mile beyond the designated terminals. If the term “city” or “town” is used in a certificate or permit, it means the boundaries of the city or town.
3. Transportation over a regular route must be offered:
(a) To the general public;
(b) For a per capita fare only;
(c) According to a published schedule; and
(d) Only by a common motor carrier authorized to provide that service.
[Pub. Service Comm’n, Gen. Order 5 Rule 130, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.247 Adoption and enforcement of federal regulations for motor carrier safety. (NRS 706.166, 706.171, 706.173)
1. The Department, the Department of Public Safety and the Authority hereby adopt by reference the regulations contained in 49 C.F.R. Parts 40, 382, 383, 385, 387, 390 to 393, inclusive, 395, 396 and 397, and Appendices B and G of 49 C.F.R. Chapter III, Subchapter B, as those regulations existed on October 1, 2005, with the following exceptions:
(a) References to the Department of Transportation and the Federal Motor Carrier Safety Administration are amended to refer to the Department and the Authority.
(b) References to the Administrator of the Federal Motor Carrier Safety Administration and to the Director are amended to refer to the Director of the Department and the Chairman.
(c) Section 391.11(b)(l) applies only to drivers of commercial motor vehicles who:
(1) Operate in interstate transportation;
(2) Transport passengers intrastate; or
(3) Transport hazardous material of a type or quantity that requires the vehicle to be marked or placarded in accordance with 49 C.F.R. §§ 172.300 and 172.500.
(d) References to special agents in Appendix B of 49 C.F.R. Chapter III, Subchapter B, are amended to include personnel of the Department and the Authority.
(e) The definition of “motor carrier” in 49 C.F.R. §§ 390.5 and 397.65 is amended to read:
“Motor carrier” includes, without limitation, interstate and intrastate common, contract and private carriers of property and passengers, including, without limitation, their agents, officers and representatives.
(f) The definition of “commercial motor vehicle” in 49 C.F.R. §§ 382.107, 385.3 and 390.5 is amended to read:
“Commercial motor vehicle” means any self-propelled or towed vehicle used on public highways in:
1. Interstate commerce to transport passengers or property if the vehicle:
(a) Is designed to transport more than eight passengers, including, without limitation, the driver;
(b) Is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary pursuant to 49 U.S.C. §§ 103, 104 and 106; or
(c) Has a gross vehicle weight rating, gross combination weight rating or gross vehicle weight of 10,001 or more pounds, whichever is greater.
2. Intrastate commerce to transport passengers or property if the vehicle:
(a) Is one described in paragraph (a) or (b) of subsection 1;
(b) Has a gross vehicle weight rating, gross combination weight rating or gross vehicle weight of 26,001 or more pounds, whichever is greater; or
(c) Is owned or operated by a motor carrier subject to the jurisdiction of the Nevada Transportation Authority, except that any vehicle so owned or operated is subject only to the provisions of 49 C.F.R. §§ 392.2, 392.4, 392.5 and 392.9 and 49 C.F.R. Parts 40, 382, 383, 385, 390, 391, 393, 395, 396 and 397 if the vehicle is not one described in paragraph (a) or (b) or being used pursuant to the exemption from hours-of-service limitations set forth in NRS 706.687.
2. To enforce these regulations, enforcement officers of the Department and the Authority may, during regular business hours, enter the property of a carrier to inspect its records, facilities and vehicles, including, without limitation, space for cargo and warehouses.
3. The volume containing 49 C.F.R. Parts 325 to 399, inclusive, is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at the price of $64. The volume containing 49 C.F.R. Part 40 is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at the price of $56. The volumes are also available at the Internet address http://www.gpoaccess.gov/cfr/index.html.
[Dep’t of Motor Veh., Motor Carrier Reg. § 2, eff. 2-4-82]—(NAC A by Dep’t of Motor Veh. & Pub. Safety and Pub. Service Comm’n, 8-26-86; 12-4-89; 5-15-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; A by Dep’t of Motor Veh. & Pub. Safety by R205-99, 2-1-2000; A by Transportation Serv. Auth. by R040-02, 9-20-2002; A by Dep’t of Pub. Safety by R167-03, 12-16-2003; R204-05, 2-23-2006)
NAC 706.248 Adoption of and compliance with federal regulations for transportation of passengers with disabilities. (NRS 706.171, 706.361)
1. The Authority hereby adopts by reference the regulations contained in 49 C.F.R. Parts 27, 37 and 38, as those regulations existed on January 2, 2002.
2. A common or contract motor carrier of passengers shall comply with the regulations set forth in 49 C.F.R. Parts 27, 37 and 38 if any provision of the regulations applies to the operation of the motor carrier in this State.
3. The volume containing 49 C.F.R. Parts 27, 37 and 38 is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at the price of $55.
(Added to NAC by Pub. Service Comm’n, eff. 12-17-93; A by Transportation Serv. Auth. by R071-98, 10-28-98; A by Dept’ of Motor Veh. & Pub. Safety by R205-99, 2-1-2000; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.250 Agreement to manage business of authorized carrier. (NRS 706.171)
1. An authorized carrier may, with the prior approval of the Authority, enter into an agreement with a person who is not his employee to manage his business. The agreement may be for a period of not more than 1 year, but may be renewed.
2. An agreement to manage a carrier’s business must:
(a) Be filed with the Authority;
(b) Specify the compensation paid to the manager;
(c) Specify the term of the agreement;
(d) Specify the scope of the authority that the person will have to manage the business of the carrier; and
(e) Specify any other information required by the Authority.
3. The compensation paid to the manager may include a limited bonus in the form of cash or stock, or both, to be paid upon the occurrence of a specified condition.
4. Any agreement which:
(a) Includes a bonus to the manager of more than 10 percent of the carrier’s stock; or
(b) Grants to the manager total control of the overall operations of the carrier,
Ê will be considered an attempted transfer of a certificate, permit or license and will not be approved.
5. A background investigation of the manager selected by the carrier may be conducted by the Authority as part of its process in determining whether to grant approval.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.254 Adoption of federal regulation for emergency use of motor carriers for defense. (NRS 706.171) The Authority hereby adopts by reference Department of Defense Directive 3005.7, “Emergency Requirements, Allocations, Priorities and Permits for Department of Defense Use of Domestic Civil Transportation.” Department of Defense Directive 3005.7 is available from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, at the price of $15.
[Pub. Service Comm’n, Gen. Order 6, eff. 2-8-63]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)
NAC 706.257 Agreements between carriers: Filing. (NRS 706.166, 706.171)
1. A complete copy of any agreement between or among two or more common carriers relating to rates, fares, classifications, divisions, allowances or charges, including, without limitation, charges between carriers and compensation paid or received for the use of facilities and equipment, or regulations pertaining thereto, including, without limitation, procedures for the joint consideration, initiation or establishment thereof, must be filed with the Authority and must comply with the requirements relating to such agreements set forth in NAC 706.257 to 706.269, inclusive.
2. Failure to comply with the requirements will result in the rejection of the agreement without prejudice. The agreement must then be refiled when compliance with the requirements has been met.
[Pub. Service Comm’n, Gen. Order 22 § 1, eff. 4-21-77]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.260 Agreements between carriers: Independence of parties. (NRS 706.166, 706.171) The Authority will not accept for filing any agreement which establishes a procedure for the determination of any matter through joint consideration unless it finds that pursuant to the agreement there is accorded to each party the free and unrestrained right to take independent action either before, during or after any determination arrived at through that procedure.
[Pub. Service Comm’n, Gen. Order 22 § 3, eff. 4-21-77]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.263 Agreements between carriers: Terms. (NRS 706.166, 706.171) Each agreement filed with the Authority must provide:
1. A list of all carriers initially anticipated to participate in the agreement.
2. The name and address of the agency, tariff bureau, rate conference or association that will implement the proposals approved pursuant to the agreement, administer the docketing and notification procedures and publish, file and distribute the tariffs issued pursuant to the agreement.
3. That only carriers executing the agreement may participate in an intrastate multicarrier common motor carrier tariff issued by the administering agency.
4. That each participating common carrier will have full and equal privileges pursuant to the agreement, including, without limitation, notice of all docket bulletins relating to rate proposals, meetings and dispositions.
5. That each multiple common carrier tariff will be governed by a rate committee consisting of one representative from each participating carrier in the tariff.
6. That each common carrier will have one vote in making determinations pursuant to the agreement.
7. That a simple majority, more than 50 percent, of the participating carriers will be required to approve any proposal considered pursuant to the agreement.
8. That only participating common carriers in the affected tariff may vote and that noncarriers and personnel of the administering agency may not vote.
9. A designation of those eligible to participate in the agreement.
10. Specific procedures for processing proposals relating to fares, rates, classifications, divisions, allowances and charges, including, without limitation, charges between common carriers and compensation paid or received for the use of facilities and equipment. These procedures must prescribe the method of submitting proposals, provide for notifying all tariff participants of proposals received and of their ultimate disposition, allow a reasonable time for response to the proposals and provide for processing proposals and responses by bulletin through the United States mail where warranted and by meeting, upon request of participating common carriers.
11. A procedure for handling instructions for independent action received from a participating common carrier.
12. A description of any matters which do not require processing through bulletins or meetings of common carrier participants.
13. A procedure for the withdrawal from the agreement by any common carrier desiring to do so, for the cancellation of a common carrier’s processing and implementing proposals pursuant to the agreement and for the continuation of its participation in the affected tariff.
14. That the agreement may be amended subject to approval by a majority vote of the participating common carriers, but that amendments will not become effective until filed with and approved by the Authority.
15. That each party to the agreement with the tariff bureau and all other carriers to the agreement shall comply fully with the terms and conditions of the agreement.
[Pub. Service Comm’n, Gen. Order 22 § 4, eff. 4-21-77]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.269 Agreements between carriers: Retention of records. (NRS 706.166, 706.171) Each conference, bureau, committee or other organization established or continued pursuant to any agreement filed with the Authority pursuant to NAC 706.257 to 706.269, inclusive, shall, for a period of not less than 3 years, maintain records, files and memoranda pertaining to all proposals considered by it.
[Pub. Service Comm’n, Gen. Order 22 § 2, eff. 4-21-77]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.272 Subsequent contracts of contract motor carriers. (NRS 706.171, 706.431)
1. A subsequent contract will be approved for an applicant with an existing permit to act as a contract motor carrier without notice and hearing under the following conditions:
(a) If the approval is granted, the applicant will have no more than the number of contracts authorized pursuant to NAC 706.232 or 706.274.
(b) Each contract to be approved must take the place of an existing previously approved contract.
(c) Each contract to be approved must state the duration of the contract and must be for not less than 3 months.
(d) Each contract to be approved must be identical to the previously approved contract in the following ways:
(1) The type of service to be provided;
(2) The geographical description of the service territory;
(3) The rates, fares or charges; and
(4) The type of equipment and the method by which the equipment will be dedicated to the contract.
(e) The contract must provide that the service will be rendered directly by the carrier to the shipper.
(f) The shipper is not a broker of transportation services.
2. For contracts approved pursuant to subsection 1:
(a) The name of the shipper for whom the services are being performed must be displayed on the unit having motor power. The name of the shipper must be in letters not less than 2 inches in height and readable from a distance of at least 50 feet. A removable sign or placard may be used if made of durable material such as wood, plastic or metal. The carrier displaying the name of the shipper must also display the name of the operator as required by NAC 706.170.
(b) The rights, duties and obligations of the shipper must not be assigned to any other shipper without the approval of the Authority pursuant to subsection 1. An assignment made or an assignment attempted without the approval of the Authority will be treated as a new contract requiring a permit.
(Added to NAC by Pub. Service Comm’n, eff. 4-28-88; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.274 Limitation on number of contracts and shippers under contract. (NRS 706.171) A carrier who obtains a contract permit:
1. May have a contract containing not more than three shippers or not more than three contracts, but neither the total number of contracts nor the total number of shippers may exceed three; and
2. Must present sufficient evidence to the Authority that either the number of contracts held by the contract carrier does not exceed the number of vehicles owned by the contract carrier and that at least one vehicle is dedicated to each individual shipper or, when the number of vehicles owned by the carrier is less than the number of shippers in a single contract, the contract carrier must explain in the contract how the exclusive use will be provided to the shipper for a continuing period.
(Added to NAC by Pub. Service Comm’n, eff. 4-28-88; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.276 Required contents and duration of contracts with shippers. (NRS 706.171)
1. Each contract between a contract motor carrier and a shipper for the transportation of goods must be in writing. The written contract must contain:
(a) The name and address of the carrier and shipper;
(b) The date of issuance of the contract;
(c) The effective date of the contract;
(d) The type of service to be provided;
(e) A geographical description of the area to be served;
(f) The rates, fares or charges;
(g) The type of equipment to be used and the method by which the equipment will be dedicated for the purposes of the contract; and
(h) The duration of the contract.
2. A contract between a contract motor carrier and a shipper for the transportation of goods may not be for less than 3 months.
(Added to NAC by Pub. Service Comm’n, eff. 4-28-88)
NAC 706.278 Adoption of and compliance with federal regulations against discrimination on basis of disability. (NRS 706.171, 706.361)
1. The Authority hereby adopts by reference the regulations contained in 49 C.F.R. Part 27, Subparts A and C, as those regulations existed on January 2, 2002.
2. A common motor carrier that receives money from the Urban Mass Transportation Administration shall comply with the regulations set forth in 49 C.F.R. Part 27, Subparts A and C, if any provision of the regulations applies to the operation of the motor carrier in Nevada.
3. The volume containing 49 C.F.R. Part 27, Subparts A and C, is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at the price of $55.
(Added to NAC by Pub. Service Comm’n, eff. 10-9-90; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002)
NAC 706.279 List of supervisory employees of carrier. (NRS 706.171) A certificated carrier shall maintain a current list of supervisory or responsible persons employed by the carrier. The carrier shall provide a copy of the list of supervisory or responsible persons to the Authority and shall update that copy as necessary. The persons on the list must be authorized to act on behalf of the carrier in dealing with the Authority.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.280 List of brokers used by carrier. (NRS 706.171) A certificated carrier shall maintain a list of all brokers that the carrier uses. Such a list must be available for review by the staff of the Authority during normal business hours.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.281 Notice of certain contact information: Common motor carrier authorized to provide charter service by limousine. (NRS 706.171) A common motor carrier authorized to provide charter service by limousine shall include on any bill or receipt provided to a customer the following information or shall display in a conspicuous place inside each limousine which the carrier is authorized to operate a placard at least 5 inches by 7 inches in size which contains the following information:
IMPORTANT
You have chartered a (name of limousine company) limousine. If you have any questions concerning the services provided or wish to file a commendation or complaint, you may contact the Nevada Transportation Authority at (702) 486-3303 or through its website at http://www.tsa.nv.gov.
(Added to NAC by Transportation Serv. Auth. by R141-05, eff. 5-4-2006)
NAC 706.282 Notice of certain contact information: Operator of tow car and common carrier of household goods. (NRS 706.171)
1. An operator of a tow car and a common carrier of household goods shall include on any bill or receipt provided to a customer the following information:
IMPORTANT
You have secured the services of (name of operator of tow car or common carrier of household goods). If you have any questions concerning the services provided or wish to file a commendation or complaint, you may contact the Nevada Transportation Authority at (702) 486-3303 or through its website at http://www.tsa.nv.gov.
2. As used in this section:
(a) “Common carrier of household goods” means a common carrier of household goods who is required to obtain a certificate of public convenience and necessity from and whose rates, routes and services are subject to regulation by the Authority.
(b) “Operator of a tow car” means an operator of a tow car that holds a certificate of public convenience and necessity issued by the Authority.
(Added to NAC by Transportation Serv. Auth. by R141-05, eff. 5-4-2006)
NAC 706.283 Notice of certain contact information: Fully regulated carrier. (NRS 706.171) A fully regulated carrier, other than a motor carrier authorized to provide charter service by limousine, a motor carrier authorized to provide scenic tours, a motor carrier authorized to operate a taxicab or a carrier of household goods, shall include on any bill or receipt provided to a customer the following information:
IMPORTANT
You are riding in a (name of carrier) vehicle. Please note the company name and unit number of this vehicle. This information is important if you leave property in this vehicle or wish to file a commendation or complaint with the Nevada Transportation Authority at (702) 486-3303 or through its website at http://www.tsa.nv.gov.
(Added to NAC by Transportation Serv. Auth. by R141-05, eff. 5-4-2006)
Regulation of Common or Contract Motor Carriers of Property, Other Than Fully Regulated Carriers, and Private Motor Carriers
NAC 706.285 “Private motor carrier” defined. (NRS 706.171) As used in NAC 706.285 to 706.297, inclusive, unless the context otherwise requires, “private motor carrier” means a private motor carrier of property used for private commercial enterprises on any highway in this State who operates a motor vehicle or a combination of vehicles with a gross vehicle weight rating in excess of 10,000 pounds.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep’t of Motor Veh. by R062-06, 6-28-2006)
NAC 706.287 Written approval: “Common carrier of property” interpreted. (NRS 706.171, 706.437) As used in NRS 706.437, the Director of the Department will interpret the term “common carrier of property” to mean any person or operator, including a motor convoy carrier, who operates a motor vehicle or a combination of vehicles with a gross vehicle weight rating in excess of 26,000 pounds and who holds himself out to the public as willing to transport by motor vehicle from place to place, either upon a fixed route or on-call operations, the property of all who may choose to employ him.
(Added to NAC by Dep’t of Motor Veh. by R062-06, eff. 6-28-2006)
NAC 706.288 Insurance. (NRS 706.171, 706.291) Each common or contract motor carrier of property, other than a fully regulated carrier, and each private motor carrier shall maintain a contract of insurance against liability for injury to persons and damage to property in the following minimum amounts:
1. If the carrier is authorized to transport only freight:
|
|
Limit for bodily injuries to or death of one person |
Limit for bodily injuries to or death of all persons injured or killed in any one accident |
Limit for loss or damage in any one accident to property of others, excluding cargo |
|
A motor vehicle or a combination of vehicles with a gross vehicle weight rating of 10,001 to 26,000 pounds |
$300,000 |
$300,000 |
$300,000 |
|
A motor vehicle or a combination of vehicles with a gross vehicle weight rating of 26,001 to 80,000 pounds |
750,000 |
750,000 |
750,000 |
Ê Any of these amounts may be a single combined limit.
2. If the carrier is authorized to transport hazardous commodities, the carrier must maintain the limits as specified in 49 C.F.R. § 387.303.
3. Except as otherwise provided in subsection 4, each common or contract motor carrier of property, other than a fully regulated carrier, shall maintain insurance in the following minimum amounts to compensate shippers or consignees for loss of or damage to property belonging to shippers or consignees which comes into the possession of a common or contract motor carrier or a private motor carrier in connection with his services:
(a) For loss of or damage to property carried on any one motor vehicle, $15,000.
(b) For loss of or damage to property occurring at any one time and place, or an aggregate of such losses or damages to property, $30,000.
4. If the minimum amount of insurance required to be maintained pursuant to Title 49 of the Code of Federal Regulations is increased above the amount listed in this section, the common or contract motor carrier of property or the private motor carrier shall, at all times, maintain insurance in an amount that is equal to or greater than the federally required minimum amount.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep’t of Motor Veh. by R062-06, 6-28-2006)
NAC 706.294 Evidence of insurance. (NRS 706.171, 706.291)
1. Before the Department issues written approval to a common or contract motor carrier of property, other than a fully regulated carrier, the carrier must:
(a) File with the Department evidence of the necessary insurance for each vehicle which will be operated by the carrier on the form entitled “Bodily Injury and Property Damage (BI/PD) Form E” and on the form entitled “Cargo Form H”; or
(b) File with the Department a certificate of self-insurance obtained from the Department pursuant to NRS 485.380.
2. The forms required pursuant to paragraph (a) of subsection 1 are available from an insurance agent or from Uniform Printing and Supply Incorporated, 132 Flatbush Avenue, Kingston, New York 12401, or Kohnke Printing Company, 375 Fremont Street, San Francisco, California 94105.
3. If a “Notice of Cancellation Form K” is filed with the Department, the Department will cancel the carrier’s written approval to operate, unless evidence of the necessary insurance is filed with the Department before the date of cancellation.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by R205-99, 2-1-2000; A by Dep’t of Motor Veh. by R062-06, 6-28-2006)
NAC 706.297 Adoption and enforcement of federal regulations for motor carrier safety. (NRS 706.171, 706.173)
1. The Department of Motor Vehicles and the Department of Public Safety hereby adopt by reference the regulations contained in 49 C.F.R. Parts 383, 387, 390 to 397, inclusive, and Appendix G of 49 C.F.R. Chapter III, Subchapter B, as those regulations existed on October 1, 2005, with the following exceptions:
(a) References to the Department of Transportation, the Federal Highway Administration and the Office of Motor Carrier Safety are amended to refer to the Department.
(b) References to the Federal Highway Administrator and to the Director are amended to refer to the Director of the Department.
(c) Section 391.11(b)(1) applies only to drivers operating in interstate transportation and drivers transporting hazardous material of a type or quantity that requires the vehicle to be marked or placarded pursuant to 49 C.F.R. § 177.823.
(d) The definition of “motor carrier” in 49 C.F.R. § 390.5 is amended to read:
“Motor carrier” includes interstate and intrastate common and contract motor carriers of property, other than fully regulated carriers, and private motor carriers, including their agents, officers and representatives.
(e) The definition of “commercial motor vehicle” in 49 C.F.R. § 390.5 is amended to read:
“Commercial motor vehicle” means any self-propelled or towed vehicle used on public highways in:
1. Interstate commerce to transport property, other than household goods, if the vehicle:
(a) Is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary pursuant to 49 U.S.C. §§ 103, 104 and 106; or
(b) Has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.
2. Intrastate commerce to transport property, other than household goods, if the vehicle:
(a) Is one described in paragraph (a) of subsection 1;
(b) Has a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds; or
(c) Is owned or operated by a motor carrier subject to the jurisdiction of the Department, except that any vehicle so owned or operated is subject only to the provisions of 49 C.F.R. §§ 391.51, 392.2, 392.4, 392.5, 392.9 and 396.3(b)(2) and 49 C.F.R. Parts 390, 393 and 397 if the vehicle is not one described in paragraph (a) or (b) or being used pursuant to the exemption from hours-of-service limitations set forth in NRS 706.687.
2. To enforce these regulations, enforcement officers of the Department may, during regular business hours, enter the property of a carrier to inspect its records, facilities and vehicles, including space for cargo.
3. A copy of the publication which contains the provisions described in subsection 1 may be obtained from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, for the price of $64. The publication is also available at the Internet address http://www.gpoaccess.gov/cfr/index.html.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep’t of Pub. Safety by R167-03, 12-16-2003; R204-05, 2-23-2006)
Rates and Services
NAC 706.302 Common and contract motor carriers. (NRS 706.171, 706.321)
1. A tariff of rates and fares for common motor carriers which are filed with the Authority must be numbered consecutively, beginning with number 1, and show:
(a) The name and address of the motor carrier.
(b) The number of the page of the tariff cancelled thereby.
(c) All points to which service is rendered.
(d) The distance between all points named in the tariff, where applicable.
(e) The date issued.
(f) The effective date.
(g) All joint, through or local rates, fares or charges, or rates, fares or charges for a particular commodity or class of passengers or commodities.
(h) The names of participating carriers if joint rates are named.
(i) Regulations governing the tariff.
(j) A full explanation of the marks and technical abbreviations used in the tariff.
2. Contract motor carriers must enter into written bilateral contracts which must be submitted to the Authority for approval before operating and must contain:
(a) The name and address of the motor carrier.
(b) The date the contract was issued.
(c) The effective date.
(d) All minimum rates, fares or charges.
[Pub. Service Comm’n, Gen. Order 5 Rule 301, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.305 Changes in rates: Protest. (NRS 706.171, 706.321) The Authority may, on its own motion or on the filing of a sufficient protest by any person or persons affected, order a tariff withdrawn, modified or suspended.
[Pub. Service Comm’n, Gen. Order 5 Rule 307, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.307 Posting proposed changes in rates. (NRS 706.171, 706.321) A fully regulated carrier applying for a change in any schedule, including a schedule of joint rates, or in the regulations affecting any rates or charges, shall certify in the application that a copy of the proposed schedule has been filed and prominently posted in the carrier’s office and in any place where payments are made by customers or users.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R090-05, 12-29-2005)
NAC 706.311 Uniform rates; authorization of commission or referral fee; list of designated agents. (NRS 706.171)
1. Except as otherwise provided in NRS 706.351, an authorized carrier shall not:
(a) Charge, demand, collect or receive a greater, lesser or different compensation for the transportation of persons or property or for any service in connection therewith than the rates, fares or charges applicable to the transportation as specified in its tariffs filed and in effect at the time.
(b) Refund or remit in any manner or by any device any portion of the rates, fares or charges so specified except upon orders of the courts or the Authority, or extend to the shipper or person any privilege or facility in the transportation of passengers or property except as specified in the tariffs.
(c) Submit a bid to provide services in any form or manner which is not in conformance with the certificate he holds.
(d) Use any artifice or subterfuge, or billing or accounting practice in lieu of an authorized commission. The fare or rate charged to the passenger or shipper may not be greater than or different from the fare or rate specified in the tariffs in effect at the time because of the authorized commission.
2. An authorized carrier who is a fully regulated carrier may pay a commission or referral fee to a designated agent who arranges for the provision of transportation services by the carrier. Except as otherwise provided in subsection 6, a commission or referral fee authorized pursuant to this subsection must not exceed 10 percent of the rate, fare or charge specified in the carrier’s tariffs for the type of service that the designated agent has arranged for the carrier to provide.
3. A designated agent arranging or providing transportation on the vehicles of any certificated motor carrier shall not charge, demand, collect or receive a greater, lesser or different compensation for the transportation of persons or property or any service in connection therewith than the rates, fares or charges specified in the motor carrier’s tariffs.
4. All tickets issued by a carrier or its designated agent must identify the charge to the passenger for the service or transportation purchased. That charge may not be different from the tariff on file with the Authority.
5. A carrier that uses or intends to use the services of a designated agent within this State shall keep a complete list of its designated agents which must be made available for review by the staff of the Authority.
6. An authorized carrier that provides scenic tours may pay a commission or referral fee of up to 10 percent to a designated agent who arranges for the provision of scenic tours by the carrier. The commission or referral fee for off-road scenic tours must not exceed 25 percent of the rate, fare or charge specified in the tariffs of the carrier for the scenic tour that the designated agent has arranged for the carrier to provide.
[Pub. Service Comm’n, Gen. Order 5 Rule 310, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002; R090-05, 12-29-2005)
NAC 706.312 Common motor carriers of household goods: Estimate of charges. (NRS 706.171, 706.443)
1. A common motor carrier of household goods must, if requested by the shipper after a visual inspection of the goods, give to the shipper a written estimate of the charges. The original must be delivered to the shipper and a copy maintained by the carrier in his record of the shipment.
2. The estimate must be based upon the carrier’s tariff filed with the Authority. The final charge for transporting the goods may not exceed the estimate unless the customer requests services that are not included in the written estimate and agrees to pay for the additional services so requested. If the final charge is less than the estimate, the carrier shall only collect the actual charge for the service.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.314 Transmittal letter; indication of change in rates. (NRS 706.171, 706.321)
1. All tariffs submitted must be accompanied by a transmittal letter with an explanation of the purposes and intent of the tariff.
2. If any change is proposed in any rate, the proposed change must be plainly indicated on the new tariff filed with the Authority by a mark immediately preceding or following the new tariff.
[Pub. Service Comm’n, Gen. Order 5 Rules 303 & 309, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.317 Rates for intermediate points. (NRS 706.171, 706.321) Schedules of rates and fares issued by property and passenger motor carriers must contain a rule with reference to rates applicable to intermediate points not specifically named in the schedule. The rule must read substantially as follows:
1. From a station shown to a station not shown, the rate applies from the point of origin to the first station beyond the destination in the direction traveling.
2. From a station not shown to a station shown, the rate applies from the first station shown beyond the point of origin in the opposite direction to the point of destination.
3. From a station not shown to a station not shown, the rate applies from the first station shown beyond in the opposite direction of origin to the first station beyond the destination in the direction traveling.
[Pub. Service Comm’n, Gen. Order 5 Rule 312, eff. 12-1-62]
NAC 706.320 Contents of schedule of rates and fares. (NRS 706.171, 706.321)
1. In addition to the requirements of NRS 706.346, schedules of rates and fares issued by motor carriers of passengers must show fares for round trips where reductions are made and complete information regarding rates based on mileage or commutation, children’s fares and rates for baggage and excess baggage.
2. If a schedule of rates issued by a motor carrier of freight and express shows rates based on class, the schedule must contain a general description of the articles or commodities in each class.
[Pub. Service Comm’n, Gen. Order 5 Rules 314 & 315, eff. 12-1-62]—(NAC A 9-1-87)
NAC 706.321 Public inspection of schedule of rates and fares. (NRS 706.171, 706.321) A copy of each schedule of rates and fares, together with the applicable regulations, must be made available by each common motor carrier for public inspection at:
1. The principal office of the carrier;
2. The terminal of each of the carrier’s routes; and
3. Each station on those routes.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.323 Common and contract carriers: On-call service. (NRS 706.171) Common or contract carriers who are on call shall not establish a definite schedule that would indicate a regular route service, or establish any schedules between fixed destinations, except carriers of household goods or as otherwise ordered by the Authority.
[Pub. Service Comm’n, Gen. Order 5 part Rule 129, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.326 Contract carriers: Written contract or bill of lading. (NRS 706.171)
1. All contract carriers shall enter into a written contract or bill of lading before any movement, and shall maintain a copy thereof for at least 3 years in their files available for inspection at any time.
2. The contract must contain, but is not limited to, the origin, destination, date of receipt by the carrier of the commodities handled, description, number of packages, weight, rate and charge.
[Pub. Service Comm’n, Gen. Order 5 Rule 318, eff. 12-1-62]
NAC 706.327 Manifests for common and contract motor carriers of commodities. (NRS 706.171)
1. A common or contract motor carrier of commodities shall carry in the unit having motive power a manifest containing:
(a) A description of the shipment, including, without limitation, the number of pieces and the net weight of the shipment.
(b) The names of the consignees.
(c) The names of the consignors.
(d) The points of origin and destination of the shipment.
(e) The route of the shipment.
(f) A statement that the carrier’s rates and regulations are subject to approval by the Authority.
2. A copy of the manifest must be kept on file in the principal office of each carrier involved in the transport of the shipment for 3 years after the shipment has been made.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.329 Prohibited acts. (NRS 706.171) Any person, whether a carrier who is subject to the provisions of NAC 706.302 to 706.335, inclusive, or a broker, shipper or consignee, or any officer, employee, agent or representative thereof, who knowingly offers, grants, gives, solicits, accepts or receives any rebate, concession or discrimination in violation of any provision of NAC 706.302 to 706.335, inclusive, or who, by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease or bill of sale or by any other means or device knowingly and willfully or otherwise fraudulently seeks to evade or defeat the provisions of NAC 706.302 to 706.335, inclusive, will be prosecuted under existing statutes.
[Pub. Service Comm’n, Gen. Order 5 Rule 319, eff. 12-1-62]—(NAC A 9-1-87)
NAC 706.333 Claims for lost or damaged freight or baggage. (NRS 706.171)
1. A claim by a shipper or consignor against a common or contract motor carrier for lost or damaged freight or baggage must be submitted to the carrier within 7 days after the loss or damage is discovered.
2. Within 14 days after receipt of the claim, the carrier shall:
(a) Compensate the shipper or consignor; or
(b) Deliver to the shipper or consignor a written denial of the claim.
3. A denial of a claim may be appealed by the shipper or consignor to the Authority.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.334 Carriers of household goods: Notification of liability coverage. (NRS 706.171, 706.443) Before providing any service subject to regulation by the Authority, a carrier of household goods must notify the customer in writing of the scope of the standard liability coverage provided and the availability of additional coverage.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.335 Carriers of household goods: Bill for payment. (NRS 706.171, 706.443)
1. Upon the completion of a shipment of household goods, the authorized carrier shall present to the person paying for the shipment the original bill for payment.
2. The bill must show:
(a) The name and address of the carrier.
(b) The names of the consignor and consignee.
(c) The points of origin and destination.
(d) The date and time the shipment was received by the carrier.
(e) The date and time of arrival of the shipment at its destination.
(f) The date of the bill.
(g) The weight of the shipment, if applicable.
(h) The route over which the household goods were transported, the name of the point of transfer and the name of each carrier participating in the transportation.
(i) The numbers of the vehicles which transported the household goods.
(j) An adequate description of the property transported, including the number of items carried.
(k) The rate charged for the service.
(l) Any other charge incident to the transportation.
(m) A statement that the carrier’s rates are subject to regulation by the Authority.
(n) Any other information required by the Authority.
[Pub. Service Comm’n, Gen. Order 5 Rule 317, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.340 Limitation on schedules for carriers operating on call. (NRS 706.171) A common or contract motor carrier authorized to have an on-call operation over an irregular route shall not establish any schedule that would indicate service along a regular route or between fixed terminals unless otherwise authorized to do so by the Authority.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.342 Inclusion of certain geographical points in tariffs. (NRS 706.171) An authorized carrier shall include in his filed tariff a list of those points within his area of operation where his equipment is based or from which he computes hourly charges or charges for mileage. Such points may be limited by the carrier’s certificate, permit or license.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.345 Tariffs and orders for scenic tours. (NRS 706.171)
1. A common motor carrier authorized to conduct scenic tours shall file with the Authority a tariff showing all applicable per capita fares and hourly rates for each tour offered.
2. A common motor carrier authorized to conduct scenic tours shall not render the service until an order has been prepared by the carrier stating:
(a) The name of the person or group who contracted for the service;
(b) The date and time when the service is to be rendered;
(c) The route to be traversed; and
(d) The points of interest to be visited.
3. A copy of the order must be carried on the motor vehicle for inspection during the period of the service and maintained in the files of the carrier for at least 3 years.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002)
NAC 706.348 Provision of airport transfer service. (NRS 706.171)
1. Airport transfer service may be provided only by a common motor carrier authorized to provide such a service, on the basis of charging individual fares to persons who appear personally and request the service. The service may be provided to, from or between airports. The fare for airport transfer service must include any charge for baggage carried by a passenger.
2. A common motor carrier providing airport transfer service may, before providing the service, require passengers to wait a reasonable period in order to board a stated minimum number of passengers on a vehicle.
3. Round trip tickets may be sold to individual passengers.
4. Delayed baggage or cargo may not be transported by a common motor carrier providing airport transfer service.
5. No group of persons may acquire exclusive use of a vehicle used for airport transfer service.
6. The transportation of each passenger must be on the basis of whoever requests the service first, is served first.
7. Airport transfer service must either begin or terminate at an airport which is within the common motor carrier’s service territory.
(Added to NAC by Pub. Service Comm’n, eff. 11-15-88)
NAC 706.352 Multiple charters: Payment for each individual charter service by bus or charter service by limousine. (NRS 706.171)
1. Multiple charters may not be performed unless the authorized carrier is paid for each individual charter service by bus or charter service by limousine.
2. A broker who sells or resells multiple charters shall pay the carrier on the basis of each individual charter service by bus or charter service by limousine provided.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.353 Provision of charter service by limousine. (NRS 706.171)
1. Only a common motor carrier authorized to provide charter service by limousine may provide such service, but no such service may be provided until a charter order is prepared.
2. Except as otherwise provided in subsection 3, a charter service by limousine may not be operated over the same routes or to the same points so frequently as to constitute a regularly scheduled route or service.
3. A charter service by limousine may be operated over the same routes or to the same points in the form of a shuttle service.
[Pub. Service Comm’n, Gen. Order 5 part Rule 116, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R078-98, 1-28-99; R040-02, 9-20-2002; R090-05, 12-29-2005)
NAC 706.354 Charter orders. (NRS 706.171)
1. A charter order must include:
(a) The name of the person or group who contracted for the service.
(b) The date of the request for service.
(c) The date on which the service will be provided.
(d) The approximate number of passengers.
(e) The route.
(f) The itinerary.
(g) The charge for the service.
(h) An identification of the equipment to be used.
2. A copy of the charter order must be:
(a) Carried on the vehicle and be available for inspection during the period of the service; and
(b) Maintained in the files of the carrier for 3 years.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.355 Charges for charter service by bus and charter service by limousine. (NRS 706.171) An authorized carrier who provides charter service by bus or charter service by limousine shall not charge a per capita fare for that service. Passengers must be transported under a single contract for a specified act of transporting, at a specific time and for a specific sum, as shown in the carrier’s tariff.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
NAC 706.356 Interruption of service. (NRS 706.171)
1. Except as otherwise provided in subsection 3, a common motor carrier who is subject to the provisions of NAC 706.010 to 706.4019, inclusive, shall not interrupt any service established pursuant to the provisions of NRS 706.011 to 706.791, inclusive, for more than 48 hours in any 180-day period without filing a petition and obtaining an order granting the petition from the Authority. The Authority will give public notice and, if a protest is filed, hold a hearing on the petition before granting the petition. The Authority may hold a hearing on the petition if no protests are filed. If the Authority does not act on the petition within 45 days after its filing, the petitioner may temporarily suspend operations until a final order is entered by the Authority.
2. A carrier who interrupts such service for less than 48 hours must provide notice to the Authority if the service being interrupted is the transportation of passengers. A notice required pursuant to this subsection must include, without limitation, the justification for the interruption of service. Financial or economic hardship may not be used to justify such an interruption. An interruption of less than 48 hours may not be renewed or extended unless the carrier files a petition and obtains an order in accordance with subsection 1.
3. If an interruption of service for more than 48 hours is caused by an unforeseeable event which is beyond the control of the carrier, the carrier must provide written notice to the Authority within 24 hours after the event. If service is not resumed within 10 days after such an interruption, the carrier must file a petition in accordance with subsection 1.
4. An order of the Authority granting the temporary interruption of service expires 180 days after the date on which the petition was filed. If the carrier has not resumed service on a permanent basis upon the expiration of such an order, the staff of the Authority shall, within 30 days after the expiration of the order, forward a recommendation to the Authority stating whether the Authority should issue an order to show cause why the contract permit or certificate of public convenience and necessity of the carrier should not be revoked.
[Pub. Service Comm’n, Gen. Order 5 Rule 211, eff. 12-1-62]—(NAC A 9-1-87; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.359 Temporary transfer of operating rights. (NRS 706.171)
1. A temporary transfer of operating rights may be approved if the Authority finds it is in the public interest.
2. Applicants who seek approval of a temporary transfer of operating rights for a limited period, whether by lease, operating contract or otherwise, must state in their application the circumstances which makes the transfer necessary, the specified period for which the transfer is sought, the consideration for the transfer, the time and method of payment and that the applicants have agreed in writing that all operating rights involved in the transaction revert to the transferor at the expiration of the term, or upon a discontinuance of operations by the transferee at any time before the expiration of the term. In case of reversion, the transferor shall give immediate notice to the Authority. It must be further stipulated by the applicants that the transferee will be responsible for furnishing all reports required by the Authority.
3. Unless unusual circumstances are involved, an application for the transfer of operating rights for a limited time will not be approved for a period of less than 30 days, nor longer than 2 years, during which time the parties will be expected to consider and determine whether they want to enter into a permanent transaction of sale and purchase of the rights. Nothing in this section may be construed as approving a sale and purchase of operating rights in advance of an application.
[Pub. Service Comm’n, Gen. Order 5 Rule 219, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.360 Use of vehicles beyond scope of authority prohibited. (NRS 706.171) The vehicles of an authorized carrier must not be used for transportation services beyond the scope of the authority of that carrier, even if the services are resold by a broker.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
NAC 706.361 Compensation for services of driver. (NRS 706.171) A person employed by an authorized carrier to drive a vehicle shall not accept any form of compensation for that service from any person except that carrier or a passenger in the vehicle.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87)
Limousine Drivers
NAC 706.3611 Prohibited acts. (NRS 706.171) A driver of a limousine:
1. Shall not divert or attempt to divert a prospective customer from any commercial establishment.
2. Except as authorized by his employer or the Authority, shall not allow any other person within his limousine unless that person is a passenger who is being transported for a fare, or the guest of such a passenger.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.3612 Hours of service. (NRS 706.171, 706.173, 706.692)
1. A driver of a limousine shall not work a shift longer than 12 consecutive hours unless the driver is involved in a charter or a trip that commenced within a reasonable period before the end of the driver’s shift.
2. Notwithstanding any provision of this section to the contrary, a driver of a limousine shall not under any circumstances work longer than 16 hours within a period of 24 consecutive hours.
3. A driver of a limousine who has completed a shift of 12 hours or more:
(a) Shall not resume driving; and
(b) Must not be knowingly allowed or required by his employer to resume driving,
Ê unless the driver has been off duty for at least 8 consecutive hours.
4. Except as otherwise provided in subsection 1, a certificate holder shall not knowingly require or allow any driver of a limousine employed by the certificate holder to work longer than 12 consecutive hours.
5. A certificate holder shall provide an appropriate and accurate method for tracking the hours that his drivers work. The method must be approved by the Authority before use by the certificate holder.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
General Provisions for Operating and Leasing Taxicabs
NAC 706.3613 Applicability. (NRS 706.171) Except as otherwise provided in NAC 706.3745, the provisions of NAC 706.3613 to 706.3754, inclusive, apply to any county for whom regulation by the Taxicab Authority is not required pursuant to NRS 706.881.
(Added to NAC by Pub. Service Comm’n, eff. 5-5-94; A by Transportation Serv. Auth. by R078-98, 1-28-99; R141-05, 5-4-2006)
NAC 706.3615 Annual fee for operation. (NRS 706.171, 706.471) The Authority will charge an annual fee pursuant to NRS 706.471 of $75 for each taxicab operated.
(Added to NAC by Pub. Service Comm’n, eff. 12-16-91; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.362 Posting schedule of rates and map of zones; display of name and city of carrier. (NRS 706.171)
1. A person holding a certificate to operate a taxicab shall post in the vehicle a schedule of the rates based on zones or mileage or any other rate approved by the Authority for the operation of the vehicle. The schedule must be clearly readable by all occupants of the taxicab. If the vehicle is operated under a tariff based on zones, there must be posted within that vehicle a map clearly visible to occupants in the rear showing the territory served with the zones outlined and the applicable fares stated.
2. The name or trade name of the carrier and the city or town from which the carrier is authorized to operate under its certificate must be painted on each side of a taxicab. A trade name may not be used unless it is first approved by the Authority.
[Pub. Service Comm’n, Gen. Order 5 Rules 232 & 233, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98)
NAC 706.363 Display of informational placard; enforcement. (NRS 706.171)
1. A certificate holder shall display in a conspicuous place inside each taxicab which the certificate holder is authorized to operate a placard at least 5 inches by 7 inches in size which contains the following information:
IMPORTANT
You are riding in a (name of taxicab company) vehicle. Please note the company name and the unit number of this vehicle. This information is important if you leave property in this vehicle or wish to file a commendation or complaint with the Nevada Transportation Authority at (702) 486-3303 or through its website at http://www.tsa.nv.gov.
2. Any taxicab found by the Authority to be in violation of this section will be placed out of service and must not be put back into service until it is inspected and approved by the Authority.
(Added to NAC by Transportation Serv. Auth. by R141-05, eff. 5-4-2006)
NAC 706.365 Denial of service; passengers; change of route. (NRS 706.171)
1. A person may not be denied service by a taxicab merely because he desires transportation in a direction other than that in which the driver desires to operate or to a destination different from that desired by the driver. A driver may refuse to transport a person if:
(a) The person refuses to state with specificity his intended destination or requests a change of destination to an inexact location;
(b) The person acts in a disorderly manner, which includes, without limitation, the use of:
(1) Hostile or offensive gestures; or
(2) Indecent or offensive language;
(c) The driver has a reasonable suspicion that the person is concealing a weapon or other dangerous object under his clothing; or
(d) The person requests a destination that is outside of the area within which the driver is able to communicate with the central dispatch facility described in NAC 706.3743.
2. No person other than the driver may be allowed within any taxicab unless that person is a passenger who is actually being transported and is paying a fare, unless that person is another taxicab driver being transported to or from his shift as a taxicab driver.
3. Passengers in a taxicab must have the exclusive use of the vehicle while being transported.
4. A driver shall not, while traveling to the destination of a passenger, take a route that is longer than necessary, unless such a route is requested by the passenger.
[Pub. Service Comm’n, Gen. Order 5 Rule 228, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R078-98, 1-28-99, eff. 5-1-99)
NAC 706.368 Territory served by driver. (NRS 706.171) A certificate holder shall not direct any driver to serve any specific area different from the territory authorized under that certificate and for which a tariff has been filed with and approved by the Authority.
[Pub. Service Comm’n, Gen. Order 5 Rule 229, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)
NAC 706.371 Control by certificate holder; prohibited sales and leases. (NRS 706.171, 706.475)
1. Except as otherwise provided in NAC 706.208 and 706.375, a taxicab must be registered in the name of the certificate holder. The holder may not enter into any agreement, lease or arrangement for the payment of a commission if he does not have full and complete control of the vehicle at all times.
2. A certificate holder shall not:
(a) Sell, contract to sell or mortgage a taxicab to another person;
(b) Lease a taxicab to another person unless the lease agreement conforms to the provisions of NRS 706.473 and NAC 706.3753; or
(c) Lease a motor vehicle to a driver for use as a taxicab.
3. Every driver of a taxicab must be:
(a) A certificate holder;
(b) The employee of a certificate holder; or
(c) An independent contractor who has entered into a lease agreement with a certificate holder pursuant to NRS 706.473.
[Pub. Service Comm’n, Gen. Order 5 Rules 226 & 227, eff. 12-1-62]—(NAC A 9-1-87; 5-5-94; A by Transportation Serv. Auth. by R078-98, 1-28-99)
NAC 706.374 Solicitation of bus passengers prohibited. (NRS 706.171) No certificate holder and no employee of the certificate holder may at any time solicit persons waiting at bus stops.
[Pub. Service Comm’n, Gen. Order 5 Rule 231, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R078-98, 1-28-99)
NAC 706.3741 “TX” plates; enforcement. (NRS 706.171)
1. Upon receipt from a certificate holder of the fee for the commencement of operation of a taxicab required pursuant to NRS 706.471, the Authority will issue to the certificate holder a plate that identifies the taxicab for which the plate is issued. The Authority will ensure that the plate is imprinted with a unique number preceded by the letters “TX.”
2. The certificate holder:
(a) Shall ensure that the plate is affixed to the right side of the trunk lid of the taxicab that the plate identifies.
(b) Shall not allow a taxicab owned by the certificate holder to be operated unless the plate is affixed in the manner described in paragraph (a).
(c) Shall return to the Authority all plates with the designation “TX” that are not in use.
3. If the plate is lost or stolen, the certificate holder shall:
(a) Notify the Authority of that fact; and
(b) Except as otherwise provided in this section, pay to the Authority an amount equal to the annual fee prescribed in NAC 706.3615 for replacement of the plate. The Authority will prorate the fee for a replacement plate if the plate is issued for less than a full calendar year.
4. If the Authority determines that a taxicab is being operated without the plate required pursuant to this section, the Authority will cause the taxicab to be withdrawn from service. The taxicab must not be placed back in service until the plate or a replacement plate has been obtained and affixed as required pursuant to subsection 2.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99; R040-02, 9-20-2002)
NAC 706.3742 Cruising lights; unit designation numbers; certificate numbers; insignia; color scheme; enforcement. (NRS 706.171)
1. With respect to each taxicab that a certificate holder is authorized to operate, the certificate holder shall:
(a) Equip the taxicab with a cruising light which has been approved by the Authority, and which must be attached to the roof of the taxicab and illuminated during the hours of darkness. The cruising light is different than the emergency light described in NAC 706.3744.
(b) Display the unit number of the taxicab on the sides of both front fenders and on the left side of the trunk lid of the taxicab. The unit numbers in these three locations must be displayed in plain view in:
(1) Bold block letters not less than 3 inches in height; and
(2) A color that contrasts with the color of the taxicab.
(c) Display within the taxicab in a location that is visible plainly to each passenger within the taxicab:
(1) The telephone number of the certificate holder; and
(2) The unit number of the taxicab.
(d) Display the number of the certificate of the certificate holder on both of the rear fenders of the taxicab, at a point that is midway between the top and bottom of the fender and closest to the rear of the taxicab. The number of the certificate must be displayed as “CPCN,” followed immediately by the number.
2. With respect to a taxicab or fleet of taxicabs that a certificate holder is authorized to operate, the certificate holder shall obtain approval from the Chairman or a person designated by the Chairman for:
(a) The color scheme of the taxicab or fleet;
(b) The insigne displayed on the taxicab or fleet;
(c) The design of the cruising light on the taxicab or fleet; and
(d) The assignment of a unit designation number to each taxicab,
Ê to ensure that those items do not conflict with those of another certificate holder.
3. If the Authority determines that a certificate holder has violated any provision of this section, the Authority will cause the taxicab in regard to which the violation occurred to be withdrawn from service. A taxicab withdrawn from service pursuant to this subsection must not be placed back in service until the Authority inspects the taxicab and verifies that the violation has been corrected.
(Added to NAC by Transportation Serv. Auth. by R078-98, 1-28-99, eff. 8-1-99)
NAC 706.3743 Central dispatch facility; equipment for communication; requests by telephone for service; enforcement. (NRS 706.171, 706.173, 706.475)
1. A certificate holder shall:
(a) Establish and maintain a central dispatch facility which must be staffed and equipped in such a manner that the certificate holder or an employee thereof may, on a 24-hour basis, communicate with and dispatch the taxicabs that the certificate holder is authorized to operate; and
(b) Ensure that each taxicab which the certificate holder is authorized to operate is equipped with:
(1) A two-way radio; or
(2) A computer or other electronic device which the driver of the taxicab may use to communicate with the central dispatch facility.
2. The two-way radio, computer or other electronic device required pursuant to subsection 1 must be turned on and audible whenever the taxicab is in service.
3. A certificate holder shall, within the limits of his certificate, provide reasonable service to persons who request by telephone that the certificate holder provide service to them.
4. If the Authority determines that a certificate holder has violated any provision of this section, the Authority:
(a) Will cause the taxicab in regard to which the violation occurred to be withdrawn from service; and
(b) May impose upon the certificate holder an administrative fine pursuant to NRS 706.771.
Ê A taxicab withdrawn from service pursuant to this subsection must not be placed back in service until the Authority inspects the taxicab and verifies that the violation has been corrected.
(Added to NAC by Transportation Serv. Auth. by R078-98, 1-28-99, eff. 5-1-99)
NAC 706.3744 Equipment to indicate driver requires assistance; enforcement. (NRS 706.171, 706.173, 706.475)
1. A certificate holder shall ensure that each taxicab which he is authorized to operate is equipped with:
(a) A green light which can be activated to indicate that the driver of the taxicab requires emergency assistance and which must be located on the roof of the taxicab; and
(b) A switch which can be used by the driver to activate the light described in paragraph (a) and which must not be visible to passengers riding in the taxicab.
2. The driver of a taxicab may activate the green light only during an emergency in which the driver requires assistance.
3. If the Authority determines that a certificate holder has failed to equip a taxicab as required pursuant to this section, the Authority:
(a) Will cause the taxicab in regard to which the violation occurred to be withdrawn from service; and
(b) May impose upon the certificate holder an administrative fine pursuant to NRS 706.771.
Ê A taxicab withdrawn from service pursuant to this subsection must not be placed back in service until the Authority inspects the taxicab and verifies that the violation has been corrected.
(Added to NAC by Transportation Serv. Auth. by R078-98, 1-28-99, eff. 8-1-99; R040-02, 9-20-2002)
NAC 706.3745 Requirements for vehicles placed into service for first time in certain counties; exemption; enforcement. (NRS 706.171, 706.173, 706.475)
1. In addition to the requirements set forth in NAC 706.379, a certificate holder that is authorized to operate taxicabs between points and places within a county whose population is more than 100,000 but less than 400,000 shall ensure that each vehicle which the certificate holder places into service as a taxicab for the first time:
(a) Is new; or
(b) Has been driven less than 50,000 miles.
2. If a certificate holder places a new vehicle into service as a taxicab, the vehicle must not be used as a taxicab for more than 60 months after the date on which the vehicle was placed into service.
3. If a certificate holder places a vehicle that has been driven less than 50,000 miles into service as a taxicab for the first time, the vehicle must not be used as a taxicab for more than 48 months after the date on which the vehicle was placed into service.
4. Upon the receipt of a petition from a certificate holder, the Authority may exempt from the requirements of this section up to 10 percent of the vehicles of the fleet of the certificate holder which are:
(a) Restored theme or antique vehicles; or
(b) Manufactured in a foreign country and not used commonly within the United States in the business of transporting passengers for hire.
5. If a certificate holder places into service as a taxicab a vehicle that has been granted an exemption pursuant to subsection 4, the certificate holder shall, within 30 days after each date on which the vehicle completes 150,000 miles of operation as a taxicab:
(a) Replace or rebuild the engine of the vehicle;
(b) Inspect the brake drums of the vehicle and replace the brake drums if necessary; and
(c) Inspect the frame of the vehicle for cracks and bends that are not intended to be part of the frame.
6. If the Authority determines that a certificate holder has violated any provision of this section, the Authority will:
(a) Cause the taxicab in regard to which the violation occurred to be withdrawn from service; and
(b) Impose upon the certificate holder an administrative fine pursuant to NRS 706.771.
Ê A taxicab withdrawn from service pursuant to this subsection must not be placed back in service until the Authority inspects the taxicab and verifies that the violation has been corrected.
(Added to NAC by Transportation Serv. Auth. by R078-98, 1-28-99, eff. 3-1-99)
NAC 706.3746 Electronic taximeter; amber light; enforcement. (NRS 706.171)
1. A certificate holder shall equip each taxicab that the certificate holder is authorized to operate with an electronic taximeter. If the taximeter uses an “LED” or “LCD” display, all phases of the “LED” or “LCD” digits must work properly.
2. The face of the taximeter must be of sufficient transparency and situated in such a location that the fare recording device can be read by any passenger in the taxicab and must not be obstructed. Numerals on the face of a taximeter must be displayed in a color that allows the numerals to be read from outside the taxicab.
3. A certificate holder shall equip each taxicab that the certificate holder is authorized to operate with at least one amber light which is located on the roof of the taxicab and is plainly visible. This light must connect to a contact switch attached to the taximeter and must illuminate automatically when the taximeter is not in operation. This light must operate independently from the cruising light described in NAC 706.3742 and is considered part of the taximeter.
4. In addition to the amber light described in subsection 3, each electronic taximeter must be connected to an amber light located in the rear window of the taxicab and the light must be visible through all windows of the taxicab. This light must be visible during the daylight from a distance of 100 feet. This light must illuminate automatically when the taximeter is not in operation and is considered part of the taximeter.
5. If the Authority determines that a certificate holder has failed to equip or maintain a taxicab as required pursuant to this section, the Authority will:
(a) Cause the taxicab in regard to which the violation occurred to be withdrawn from service; and
(b) Impose upon the certificate holder an administrative fine pursuant to NRS 706.771.
Ê A taxicab withdrawn from service pursuant to this subsection must not be placed back in service until the Authority inspects the taxicab and verifies that the violation has been corrected.
(Added to NAC by Transportation Serv. Auth. by R078-98, 1-28-99, eff. 5-1-99)
NAC 706.3747 Trip sheets; enforcement. (NRS 706.171)
1. Except as otherwise provided in this subsection, a certificate holder shall require the driver of each taxicab that the certificate holder is authorized to operate to keep a daily trip sheet in a form prescribed by the Authority. The daily trip sheet may be kept in a different form if the certificate holder submits the alternative form to the Authority and the Authority approves that form.
2. A driver shall record on the trip sheet:
(a) At the beginning of each shift:
(1) His name;
(2) The unit number of his taxicab;
(3) The time at which the shift began; and
(4) The odometer reading of the taxicab.
(b) During each shift:
(1) The time, place of origin, requested destination and actual destination, if different from the requested destination, of each trip; and
(2) The number of passengers and amount of fare for each trip.
(c) At the end of each shift:
(1) The time at which his shift ended; and
(2) The odometer reading of the taxicab.
3. A certificate holder shall furnish a trip sheet form for each shift during which a taxicab is operated by a driver.
4. A driver who works for the certificate holder on commission or as an employee shall submit to the certificate holder a completed trip sheet at the end of each shift of that driver.
5. A driver who is an independent contractor shall submit to the certificate holder at the end of each week in which he worked at least one shift a completed trip sheet for each shift worked by that driver during that week.
6. A certificate holder shall retain each completed trip sheet until the end of the calendar year of the year immediately succeeding the year in which the trip sheet was completed. The certificate holder shall make such trip sheets available for inspection by the Authority upon request.
7. If the Authority determines that a taxicab is being operated without a trip sheet in violation of this section, the Authority will cause the taxicab in regard to which the violation occurred to be withdrawn from service for a minimum of 24 hours. A taxicab withdrawn from service pursuant to this subsection must not be placed back in service until the Authority verifies that the certificate holder has furnished a trip sheet for that taxicab.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.3748 Violent crime against driver on duty; notification of certificate holders and Authority; dissemination of information regarding crime. (NRS 706.171, 706.173, 706.475)
1. If the driver of a taxicab is the victim of a violent crime while on duty, the certificate holder who is authorized to operate the taxicab shall:
(a) As soon as is reasonably practicable after becoming aware of the crime, notify all certificate holders authorized to operate taxicabs within the county in which the crime occurred regarding the commission of the crime, including all relevant details pertaining thereto; and
(b) Within 24 hours or on the next business day after becoming aware of the crime, whichever is sooner, notify the Authority regarding the commission of the crime, including all relevant details pertaining thereto.
2. A certificate holder who receives notification of the commission of a violent crime pursuant to this section shall, as soon as is reasonably practicable thereafter, provide the information regarding the crime, including all relevant details pertaining thereto, to each:
(a) Dispatch operator employed by the certificate holder;
(b) Person employed by the certificate holder as the driver of a taxicab; and
(c) Person who leases a taxicab from the certificate holder pursuant to NRS 706.473.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.3749 Accidents. (NRS 706.171, 706.173, 706.475) If a taxicab is involved in an accident, the certificate holder who is authorized to operate the taxicab shall:
1. Within 24 hours or on the next business day after becoming aware of the accident, whichever is sooner, notify the Authority regarding the accident; and
2. Within 3 business days after the taxicab is placed back in service following the accident, make the taxicab available to the Authority or a designee of the Authority for inspection.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.375 Lease of vehicle for use as taxicab. (NRS 706.171)
1. A common motor carrier authorized to operate a taxicab shall not lease any vehicle which it uses as a taxicab without prior approval by the Chairman or his designee.
2. A carrier must submit a request for the approval of such a lease to the Authority at least 10 working days before the execution of the lease. The Chairman or his designee shall approve or disapprove the lease within 10 working days after receiving the request for the approval of the lease. If the Chairman or his designee does not approve or disapprove the lease within 10 working days after receiving the request for approval of the lease, the lease shall be deemed to be approved.
3. The Chairman or his designee shall approve such a lease if:
(a) The vehicle is leased for not more than 14 days;
(b) The vehicle will be used only in an operation authorized by the lessee’s certificate;
(c) Including the vehicles to be leased by the carrier under the lease:
(1) Not more than one-half of the carrier’s vehicles are leased vehicles; and
(2) The total number of vehicles to be operated by the carrier does not exceed the number of vehicles the carrier is authorized to operate pursuant to its operating authority;
(d) The driver of the leased vehicle is an employee of the motor carrier and has no ownership interest in the vehicle; and
(e) The carrier is able to demonstrate to the satisfaction of the Chairman or the person designated by the Chairman that the carrier needs to increase the size of its fleet on a temporary basis, including, without limitation, facts which indicate that the carrier expects to experience:
(1) An increase in customer demand; or
(2) A decrease in the size of the permanent fleet of the carrier.
4. If a lease is approved pursuant to this section:
(a) A copy of the lease must be submitted to the Authority not later than the date on which the lease becomes effective; and
(b) A copy of the lease and a copy of the approval of the lease must be:
(1) Carried in the vehicle during the period of the lease; and
(2) Maintained by the carrier for a minimum of 3 years.
5. The carrier shall not lease vehicles on more than 45 days in any calendar year.
6. The provisions of this section do not apply to a lease agreement entered into pursuant to NRS 706.473.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A 5-5-94; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002)
NAC 706.3751 Requirements for employee or independent contractor who drives taxicab. (NRS 706.171, 706.173, 706.475)
1. In addition to the applicable requirements set forth in 49 C.F.R. §§ 391.51, 392.2, 392.4, 392.5 and 392.9 and 49 C.F.R. Parts 390, 393 and 397, a certificate holder shall not allow an employee or independent contractor of the certificate holder to drive a taxicab that the certificate holder is authorized to operate unless the employee or independent contractor:
(a) Is at least 21 years of age and has held for at least 30 days a valid Nevada driver’s license or is a border state employee, as that term is defined in NRS 483.035; and
(b) Provides to the certificate holder, on or before the date on which the employee becomes employed by the certificate holder as the driver of a taxicab or the independent contractor begins to lease a taxicab from the certificate holder pursuant to NRS 706.473:
(1) A certificate from a licensed physician which is dated not more than 90 days before the date on which the employee becomes employed by the certificate holder as the driver of a taxicab or the independent contractor begins to lease a taxicab from the certificate holder pursuant to NRS 706.473, which demonstrates that the employee or independent contractor is physically qualified to operate a commercial motor vehicle in accordance with 49 C.F.R. § 391.43; and
(2) A copy of the driving record of the employee or independent contractor which is obtained from the Department and which demonstrates that the employee or independent contractor has not, within the 3 years immediately preceding the date on which the employee becomes employed by the certificate holder as the driver of a taxicab or the independent contractor begins to lease a taxicab from the certificate holder pursuant to NRS 706.473:
(I) Been convicted of driving under the influence of an intoxicating liquor or a controlled substance;
(II) Been convicted of reckless driving;
(III) Been convicted of failing to stop and remain at the scene of an accident; or
(IV) Failed to keep a written promise to appear in court for any offense.
2. Each employee or independent contractor shall update annually the documents required pursuant to paragraph (b) of subsection 1 and submit the updated documents to the certificate holder.
3. A certificate holder shall retain a copy of each document that the employee or independent contractor submitted to the certificate holder pursuant to this section until 3 years after the employee’s employment has terminated or the independent contractor’s lease has expired.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99; A by R040-02, 9-20-2002)
NAC 706.3752 Leasing of taxicab to independent contractor: Security deposit. (NRS 706.171, 706.475)
1. A certificate holder may, as a condition of leasing a taxicab to an independent contractor, require the independent contractor to deposit money with the certificate holder in an amount sufficient to secure the return of the taxicab in good condition.
2. If a certificate holder collects a security deposit pursuant to subsection 1, the certificate holder shall ensure that the security deposit is maintained in an account separate from the account in which the operating capital of the certificate holder is maintained.
3. A certificate holder may deduct or retain money from a security deposit to make repairs to the taxicab for which the deposit was collected. The certificate holder must account for money that the certificate holder deducts or retains from the security deposit of the independent contractor with receipts that evidence repairs to the taxicab in an amount equal to the money deducted or retained.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.3753 Leasing of taxicab to independent contractor: Requirements for lease agreement; enforcement. (NRS 706.171, 706.475)
1. Each lease agreement entered into by a certificate holder and an independent contractor pursuant to NRS 706.473 must:
(a) Be maintained by the certificate holder.
(b) Be in writing and in a form approved by the Authority.
(c) Identify the use to be made of the taxicab by the independent contractor and the consideration to be received by the certificate holder. The use to be made of the taxicab must conform to the authority granted by the certificate to operate the taxicab.
(d) Be signed by each party, or his representative, to the agreement.
(e) Specifically state that the independent contractor is subject to all laws and regulations relating to the operation of a taxicab which have been established by the Authority and other regulatory agencies and that a violation of those laws and regulations will breach the agreement.
(f) Specifically state that the certificate holder is responsible for maintaining:
(1) All required insurance associated with the taxicab and the service which is the subject of the agreement in accordance with NAC 706.191;
(2) A file which contains the qualifications of the independent contractor to drive the taxicab; and
(3) A file for records concerning the maintenance of the taxicab.
(g) Specifically state that the lease agreement does not relieve the certificate holder from any of his duties or responsibilities set forth in this chapter and chapter 706 of NRS.
(h) Specifically state that the taxicab provided pursuant to the lease agreement:
(1) Will be painted with the name, insigne and certificate number of the certificate holder; and
(2) Is in a good mechanical condition that will meet the requirements for operating taxicabs set forth by this State or the county or municipality in which the taxicab will be operated.
(i) Specifically state that the independent contractor shall not transfer, assign, sublease or otherwise enter into an agreement to lease the taxicab to another person.
(j) Specifically state that the independent contractor:
(1) Shall not operate the taxicab for more than 12 hours in any 24-hour period; and
(2) Shall return the taxicab to the certificate holder at the end of each shift to enable the certificate holder to comply with the provisions of NAC 706.380.
(k) Contain any other provision which the Authority may determine to be necessary for the protection of the health and safety of members of the public.
2. If the Authority has reason to believe that a provision of this section is being violated, the Authority may, after a hearing:
(a) Impose an administrative fine pursuant to NRS 706.771;
(b) Order the certificate holder or the independent contractor to cease and desist from action taken in violation of this section; or
(c) Revoke or suspend the authority of the certificate holder to operate a taxicab to enter into a lease agreement pursuant to NRS 706.473.
(Added to NAC by Pub. Service Comm’n, eff. 5-5-94; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)
NAC 706.3754 Leasing of taxicab to independent contractor: Requirements for copy of lease agreement; enforcement. (NRS 706.171, 706.475)
1. A certificate holder who enters into an agreement to lease a taxicab to an independent contractor shall provide a copy of the agreement to the independent contractor after the agreement has been approved by the Authority pursuant to subsection 2 of NRS 706.473.
2. The independent contractor shall keep a copy of the lease agreement in the taxicab that the independent contractor is leasing from the certificate holder at all times during the duration of the lease.
3. If the Authority determines that a taxicab is being operated without a copy of the lease agreement in the taxicab in violation of this section, the Authority will cause the taxicab to be withdrawn from service for a minimum of 24 hours. A taxicab withdrawn from service pursuant to this subsection must not be placed back in service until the Authority verifies that the certificate holder has furnished a lease agreement for that taxicab to the independent contractor.
(Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99)
NAC 706.3758 Taximeters: Inspection and seal; enforcement. (NRS 706.171)
1. A certificate holder shall not place a taxicab into passenger service at any time unless the taximeter has been inspected and sealed by the Authority.
2. If a certificate holder removes a seal affixed by the Authority, the certificate holder shall return the broken seal to the Authority.
3. Any taxicab found by the Authority to have:
(a) A defective or inaccurate taximeter;
(b) A taximeter that shows signs of having been tampered with; or
(c) A taximeter with the seal removed,
Ê must be placed out of service and may not be put back into service until inspected and approved by the Authority.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.376 Drivers: Standards of conduct. (NRS 706.171, 706.173, 706.475) During his shift, a driver of a taxicab:
1. Shall not engage in verbal arguments or acts of physical violence.
2. Shall refrain from backing into position in any taxicab stand.
3. Shall refrain from loading passengers at any establishment where a taxicab stand has been established unless he has been through the rotation of the stand. This provision does not apply when there are no taxicabs on the stand.
4. Shall not allow more than two passengers in the front seat of his taxicab and shall not allow more than five passengers in his taxicab at any one time.
5. Shall not knowingly operate a taxicab equipped with a faulty or inaccurate taximeter or a taximeter that shows signs of having been tampered with.
6. Shall not operate a taxicab in which the taximeter is not sufficiently illuminated or the face of the taximeter is obscured to the extent that the entire fare recording device cannot be easily seen by the passenger.
7. Shall not operate a taxicab in which the taximeter does not have a properly attached seal as affixed by the Authority.
8. Shall not operate a taxicab that does not have properly affixed a valid “TX” plate as issued by the Authority.
9. Shall not operate a taxicab if the driver is suffering from any illness or physical or mental disorder that may impair his ability to operate a taxicab safely.
10. Shall not operate a taxicab while taking drugs that may impair his ability to operate a taxicab safely.
11. Shall keep a complete and accurate trip sheet as prescribed in NAC 706.3747.
12. Shall not display or distribute any advertising within or on his taxicab that has not been authorized by his employer.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.3761 Drivers: Hours of service. (NRS 706.171, 706.173, 706.475, 706.692)
1. A driver of a taxicab shall not work a shift longer than 12 consecutive hours except when under a charter or a trip that commenced within a reasonable period before the end of the driver’s shift.
2. Notwithstanding any provision of this section to the contrary, a driver of a taxicab shall not under any circumstances work longer than 16 hours within a period of 24 consecutive hours.
3. A driver of a taxicab who has completed a shift of 8 hours or more:
(a) Shall not resume driving; and
(b) Must not be knowingly allowed or required by his employer to resume driving,
Ê unless the driver has been off duty for at least 8 consecutive hours.
4. Except as otherwise provided in subsection 1, a certificate holder shall not knowingly require or allow any driver of a taxicab to work longer than 12 consecutive hours.
5. A certificate holder shall provide an appropriate, accurate and operable time clock. The time clock must be approved by the Authority before its use, and the certificate holder shall require its drivers to time stamp their trip sheets at the beginning and end of each of their shifts.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
NAC 706.3762 Drivers: Use of taxicab for crime. (NRS 706.171, 706.475) A driver of a taxicab shall not willfully, knowingly or intentionally use his taxicab or his employment to facilitate the commission of a crime, or allow the use of his taxicab by another person as a means of facilitating the commission of a crime.
(Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)
Transportation of Hazardous Material
NAC 706.377 Adoption and enforcement of federal regulations. (NRS 706.166, 706.171, 706.173)
1. The Department and the Authority hereby adopt by reference the regulations contained in 49 C.F.R. Parts 107, 171, 172, 173, 177, 178 and 180, as those regulations existed on January 2, 2002.
2. To enforce these regulations, enforcement officers and inspectors of the Department and the Authority may, during regular business hours, enter the property of a shipper or carrier to inspect his records, facilities and vehicles, including, without limitation, space for a cargo.
3. The volume containing 49 C.F.R. Parts 100 to 185, inclusive, is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at the price of $60.
[Dep’t of Motor Veh., Motor Carrier Reg. § 1, eff. 2-4-82]—(NAC A by Dep’t of Motor Veh. & Pub. Safety and Pub. Service Comm’n, 8-26-86; 12-4-89; 5-15-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; A by Dep’t of Motor Veh. & Pub. Safety by R205-99, 2-1-2000; A by Transportation Serv. Auth. by R040-02, 9-20-2002)
Inspection and Maintenance
NAC 706.379 Inspection of vehicles by carrier; standards for maintenance of vehicles; special equipment for certain vehicles; withdrawal of substandard vehicles. (NRS 706.171, 706.173)
1. A common or contract motor carrier authorized to operate a taxicab, traditional limousine, livery limousine, bus or other vehicle shall regularly inspect each vehicle operated and keep a record of the inspection as required pursuant to subsection 5 of NAC 706.381.
2. Except as otherwise provided in this section, each vehicle must be maintained in conformance with the following standards:
(a) The system that comprises the front suspension must be in good repair and proper working order.
(b) The engine and drivetrain of the vehicle, including other parts necessary to connect the engine and drivetrain to each other or to other parts of the vehicle, must be in good repair and proper working order so that, during normal operation, the engine does not die, miss, backfire or show noticeable loss of power.
(c) The engine, drivetrain and accessories of the vehicle must not emit loud noises that disturb the passengers of or distract the driver of the vehicle.
(d) The vehicle must be equipped with an air filter or adequate flame arrester covering the air intake of the fuel delivery system.
(e) The vehicle must not pull to the left or the right or tend to drift under normal driving conditions.
(f) The engine, drivetrain, radiator and other accessories must not allow a noticeable amount of fluid to leak.
(g) The engine must not emit an excessive amount of smoke from the crankcase or system for exhaust.
(h) Each window of the vehicle must be operable, free from obstruction and afford the driver a view that is unimpaired.
(i) The linings of the brakes must be of sufficient thickness to prevent the metal portion of the brake shoe or pad from coming into contact with the brake drum or disc. Under normal braking conditions, the vehicle must not pull to the left or to the right and the wheels of the vehicle must not lock.
(j) The vehicle must be equipped with systems for heating and air-conditioning that provide to passengers a reasonable level of comfort and which conform to reasonable standards of efficiency.
(k) The vehicle must be equipped with seat belts which must be maintained in a clean and operable condition at all times.
3. In addition to the standards set forth in subsection 2, each taxicab that is placed into service after March 1, 1999, must be equipped with:
(a) A mirror located on the outside of the front door on the passenger’s side of the taxicab.
(b) A bar, rod or other support to maintain the lid of the trunk of the taxicab in an open position. One end of the bar, rod or support must be affixed permanently to the taxicab.
(c) Straps to tie down the lid of the trunk.
(d) Windows that are not tinted more darkly than recommended or specified by the manufacturer of the taxicab.
4. In addition to the standards set forth in subsections 2 and 3, each taxicab, traditional limousine and livery limousine that is placed into service after March 1, 1999, must be equipped with:
(a) A lock on each door of the taxicab that may be operated remotely by the driver of the taxicab with controls located on the driver’s door or in another location within easy reach of the driver.
(b) A lever, switch or other device which opens the trunk of the taxicab from inside the trunk.
5. In addition to the standards set forth in subsections 2, 3 and 4, each traditional limousine and livery limousine that is placed into service after March 1, 1999:
(a) Must be certified by its manufacturer as suitable for use as a traditional limousine or livery limousine, as appropriate, if the manufacturer makes such certifications; and
(b) Must have been modified for use as a traditional limousine or livery limousine, as appropriate, by a builder of coaches or other modifier of motor vehicles who is certified as such by the manufacturer of the vehicle, if the manufacturer makes such certifications.
6. A restored theme or antique vehicle is not required to meet the standards set forth in paragraph (j) of subsection 2 or subsection 4.
7. If an employee of the Authority does not withdraw a vehicle from service pursuant to NAC 706.381, but the carrier knows or should have reason to know the vehicle does not conform to the standards prescribed in subsections 2 to 5, inclusive, the carrier shall withdraw the vehicle from service at the end of the operating day and the vehicle may not be placed back into service until any defective condition has been corrected and the vehicle is in compliance with subsections 2 to 5, inclusive. If the vehicle does not conform to the standards prescribed in subsections 2 to 5, inclusive, and the carrier knows or should have reason to know the vehicle poses an immediate and substantial threat to the safety of the public or passengers of the vehicle, the carrier shall immediately withdraw the vehicle from service until any defective condition has been corrected and the vehicle is in compliance with subsections 2 to 5, inclusive, and no longer poses an immediate and substantial threat to the safety of the public or passengers. Failure of the carrier to take these actions may result in the suspension or revocation of the carrier’s permit or certificate. Notice of repair of the vehicle must be made pursuant to NAC 706.381 before the vehicle may be operated.
8. As used in this section, “drivetrain” has the meaning ascribed to it in NRS 482.3666.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)
NAC 706.380 Daily withdrawal of vehicles; return to service. (NRS 706.171, 706.173) A common or contract motor carrier authorized to operate a taxicab, traditional limousine, livery limousine or bus shall withdraw a vehicle from service at the end of the day and not place it back into service unless the vehicle:
1. Is structurally sound and operates with a minimum of noise and vibration;
2. Does not have any cracked, broken or badly dented fenders; and
3. Is painted so as to provide reasonable protection against structural deterioration.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R078-98, 1-28-99)
NAC 706.381 Inspection of vehicles by Authority; removal of vehicles from service; maintenance of records. (NRS 706.166, 706.171, 706.173)
1. A taxicab, traditional limousine, livery limousine, bus or any other vehicle operated by a common or contract motor carrier may be inspected at any time during regular business hours by an authorized employee of the Authority. Before placing a new vehicle into service, the carrier must notify the Authority in writing and make the vehicle available for inspection by an authorized employee of the Authority. Before placing a newly acquired but previously owned vehicle into service, the carrier must notify the Authority in writing and the vehicle must pass an inspection by an authorized employee of the Authority.
2. If the authorized employee of the Authority finds that a vehicle is in a condition which violates any provision of subsections 2 to 5, inclusive, of NAC 706.379 and does not pose a threat to the safety of the public or passengers of the vehicle, he shall remove the vehicle from service effective at the end of the operating day and place a sticker on the windshield indicating that the vehicle is so removed from service.
3. If the authorized employee of the Authority finds that a vehicle is in a condition which violates any provision of subsections 2 to 5, inclusive, of NAC 706.379 and poses an immediate and substantial threat to the safety of the public or passengers of the vehicle, he shall immediately remove the vehicle from service by placing a sticker on the windshield indicating the vehicle is immediately removed from service. If passengers are aboard, the passengers must be safely unloaded and provided safe shelter until the driver of the vehicle obtains a substitute vehicle to transport the passengers to the original destination. A substitute vehicle must be provided immediately by the carrier. The driver must also contact the carrier so that the vehicle may be towed to the carrier’s facility or another facility for repair. If passengers are not aboard the vehicle, the driver shall remove the vehicle from the road to a safe location and contact the carrier so that the vehicle may be towed to the carrier’s facility or another facility for repair.
4. A vehicle removed from service pursuant to subsections 2 and 3 must remain out of service until the defect is repaired and a notice of repair is filed by the carrier with the Authority on a form provided by a representative of the Authority.
5. An authorized carrier shall maintain current records for each driver and of the inspection, maintenance and repairs of each vehicle. Each driver’s record must contain all citations, all the information required to be maintained pursuant to 49 C.F.R. § 391.51 and 49 C.F.R. Part 382, and other matters relevant to his performance and his record of training. These records must be maintained and made available for inspection by the Authority pursuant to NAC 706.203.
(Added to NAC by Pub. Service Comm’n, eff. 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002)
Transfer of Certificates, Permits and Licenses
NAC 706.386 Duplications. (NRS 706.171, 706.4464, 706.6411) The Authority will consider a transfer of operating rights to a person who is the holder of operating rights which duplicate, in part or in whole, those to be transferred, but will not allow a person to hold duplicate authority over the same routes, in the same territory or for the transportation of identical commodities unless the Authority determines that such duplication is in the public interest.
[Pub. Service Comm’n, Gen. Order 5 Rule 217, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99)
NAC 706.389 Effect of cessation of operations. (NRS 706.171, 706.4464, 706.6411)
1. Except as otherwise provided in subsection 2, an application for the transfer of operating rights will not be approved if there has been a cessation of operations by the transferor without the prior approval of the Authority even if the application was submitted before the operations ceased.
2. Approval may be obtained if the cessation of operations was caused by circumstances over which the holder of the operating rights had no control or the transfer would be in the public interest.
[Pub. Service Comm’n, Gen. Order 5 Rule 221, eff. 12-1-62]—(NAC A 9-1-87; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002)
NAC 706.392 Division of operating rights. (NRS 706.171, 706.4464, 706.6411) An operating right will not be divided by any carrier:
1. As to commodities or territories; or
2. For accounting purposes.
[Pub. Service Comm’n, Gen. Order 5 Rule 220, eff. 12-1-62]—(NAC A 9-1-87)
NAC 706.393 Approval or denial of transfer. (NRS 706.171, 706.4464, 706.6411)
1. No transfer of any operating right is effective except upon full compliance with these regulations and until after the Authority has approved the transfer as provided in this section. The mere execution of a chattel mortgage, deed of trust or other similar document does not constitute a transfer. A proposed transfer of operating rights by means of the foreclosure of a mortgage or deed of trust or other lien upon such rights, or by an execution in satisfaction of any judgment or claim against the holder, is not effective without compliance with these regulations and the prior approval of the Authority.
2. A proposed transfer of operating rights will not be approved if the Authority finds that the transferee does not intend to, or would not, engage in bona fide motor carrier operations under the operating rights, or if the Authority finds that the transferor acquired the operating rights to profit therefrom and has not engaged in bona fide motor carrier operations under the operating rights.
3. An application for the transfer of operating rights by a fully regulated carrier for the sale and transfer of operating authority will not be approved if the:
(a) Authority considers and determines that the purchase price to be paid would be excessive and contrary to the public interest.
(b) Transfer would tend to create an unfair competitive operation and is not consistent with the public interest.
[Pub. Service Comm’n, Gen. Order 5 Rule 222, eff. 12-1-62]—(NAC A by Transportation Serv. Auth. by R071-98, 10-28-98; R091-05, 12-29-2005)
Practice Before Nevada Transportation Authority
NAC 706.3933 Scope; applicability of Nevada Rules of Civil Procedure. (NRS 233B.050, 706.171)
1. NAC 706.3933 to 706.4019, inclusive, govern practice before the Authority.
2. To the extent that any action before the Authority is not covered by the provisions of NAC 706.3933 to 706.4019, inclusive, the Authority may, to the extent it deems appropriate, use the applicable rule of the Nevada Rules of Civil Procedure.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3934 Construction. (NRS 233B.050, 706.171) The provisions of NAC 706.3933 to 706.4019, inclusive, and any regulations incorporated by reference will be construed by the Authority or presiding officer so as to secure a just and speedy determination of the issues.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3935 Nature of proceedings. (NRS 233B.050, 706.171) Proceedings before the Authority are investigative on the part of the Authority, although the proceedings may be conducted in the form of adversary proceedings.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3936 Parties: Classification of parties. (NRS 233B.050, 706.171)
1. According to the nature of the proceedings before the Authority and the relationships of the parties to the proceedings, a party to a proceeding must be styled an applicant, petitioner, complainant, respondent, intervener or protestant.
2. A person applying in the first instance for a privilege, right or authorization from the Authority must be styled an “applicant.”
3. A person who complains to the Authority of an act by a person subject to the jurisdiction of the Authority must be styled a “complainant.”
4. A person granted leave to intervene pursuant to NAC 706.3965 to 706.3969, inclusive, must be styled an “intervener.”
5. A person, other than a complainant or an applicant, petitioning for affirmative relief must be styled a “petitioner.”
6. Any person, including, without limitation, a state or local governmental entity, who objects to an application, petition or other matter and who files a protest pursuant to NAC 706.397 or makes a statement at a hearing must be styled a “protestant.” The filing of a protest does not make the protestant a party of record.
7. A person against whom a complaint is filed or a person who is the subject of an official investigation by the Authority must be styled a “respondent.”
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3937 Parties: Notice to parties. (NRS 233B.050, 706.171)
1. The Authority will provide notice of the pendency of any matter before the Authority to the parties to the matter.
2. The notice of pendency will specify that the party may, within 10 days after the date of the notice, request a hearing on the matter.
3. If no request for a hearing is received by the Authority, it will dispense with a hearing and act upon the matter unless it finds that a hearing is necessary.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3938 Parties: Rights of staff of Authority. (NRS 233B.050, 706.171) The staff of the Authority may appear, be represented by the Attorney General and may otherwise participate in all proceedings before the Authority.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3939 Parties: Rights of parties. (NRS 233B.050, 706.171)
1. At any proceeding before the Authority, each party of record is entitled to enter an appearance, introduce evidence, examine and cross-examine witnesses, make arguments, make and argue motions and generally participate in the proceeding to the extent allowed by the presiding officer.
2. The presiding officer shall acknowledge a protestant for the purpose of making a statement.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.394 Parties: Appearances. (NRS 233B.050, 706.171) A party may enter an appearance at the beginning of a hearing or at some other time designated by the presiding officer by giving his name and address. If a person is appearing on behalf of a party, he must also identify the party he represents.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3941 Parties: Representation of parties; qualifications of attorneys. (NRS 233B.050, 706.171)
1. A party may represent himself or may be represented by an attorney. Any other person who satisfies the Authority or presiding officer that he possesses the expertise to render valuable service to the Authority, and that he is otherwise competent to advise and assist in the presentation of matters before the Authority, may be allowed to appear on behalf of a party or parties.
2. An attorney at law appearing as legal counsel in any proceeding must be duly admitted to practice and in good standing before the highest court of any state. If an attorney is not admitted and entitled to practice before the Supreme Court of Nevada, he must associate with an attorney so admitted and entitled to practice.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3942 Parties: Withdrawal of representative. (NRS 233B.050, 706.171) A representative wishing to withdraw from a proceeding before the Authority must provide written notice of his intent to withdraw to the Authority and each party to the proceeding.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3943 Parties: Conduct required. (NRS 233B.050, 706.171)
1. Any person appearing in a proceeding must conform to recognized standards of ethical and courteous conduct required of practitioners before the courts of this State.
2. Contumacious conduct by any person at any hearing before the Authority is a ground for the exclusion of that person from that hearing and for summary suspension of that person from further participation in the proceedings. The Authority will bar any person excluded pursuant to this subsection from attending any further proceedings of the Authority unless the Authority grants a petition by that person pursuant to subsection 3.
3. Any person excluded from proceedings of the Authority pursuant to subsection 2 may petition the Authority to rescind the exclusion. The Authority will grant the petition if it finds sufficient evidence that the contumacious conduct which led to the exclusion of the person will not reoccur.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3944 Confidentiality of information: Definitions. (NRS 233B.050, 706.171) As used in NAC 706.3944 to 706.3954, inclusive, unless the context otherwise requires, the words and terms defined in NAC 706.3945, 706.3946 and 706.3947 have the meanings ascribed to them in those sections.
(Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)
NAC 706.3945 Confidentiality of information: “Information” defined. (NRS 233B.050, 706.171) “Information” means any books, accounts, records, minutes, r