[Rev. 6/2/2018 9:20:30 PM--2017]

CHAPTER 706B - AUTONOMOUS VEHICLE NETWORK COMPANIES

GENERAL PROVISIONS

NRS 706B.010        Definitions.

NRS 706B.020        “Authority” defined.

NRS 706B.030        “Autonomous vehicle network company” or “company” defined.

NRS 706B.040        “Fully autonomous vehicle” defined.

NRS 706B.050        “Transportation services” defined.

NRS 706B.060        Provisions of chapter not applicable to certain persons.

NRS 706B.070        Applicability of laws governing motor vehicles to persons regulated under chapter; exemptions from provisions of chapter 704, 706 and 706A of NRS.

NRS 706B.080        Regulations.

PERMITS

NRS 706B.110        Permit required for companies; Authority authorized to regulate companies; inapplicability of chapter 706 of NRS to companies; use of autonomous vehicles by person regulated under chapter 706 of NRS to provide transportation services; companies not prohibited from collaborating to provide transportation services with certain other persons.

NRS 706B.120        Submission of application for permit.

NRS 706B.130        Issuance and scope of permit.

NRS 706B.140        Fee; annual assessment.

REGULATION OF COMPANIES

NRS 706B.150        Companies to appoint and keep registered agent.

NRS 706B.160        Company authorized to charge fare for transportation services; disclosure of rates; provision of estimate; payment; additional charges to passengers with disabilities prohibited; regulations establishing maximum fare during emergencies.

NRS 706B.170        Company prohibited from connecting fully autonomous vehicle to passenger under certain circumstances; inspection of fully autonomous vehicle.

NRS 706B.180        Adoption of policy prohibiting discrimination; accommodations for passenger who requires wheelchair-accessible fully autonomous vehicle.

NRS 706B.190        Provision of license plate number of fully autonomous vehicle required before provision of transportation services.

NRS 706B.200        Transmission of receipt to passenger; contents of receipt.

NRS 706B.210        Contract between company and Department of Health and Human Services authorized.

NRS 706B.220        Records maintained by company: Period of maintenance; contents; inspection; confidentiality of proprietary information.

NRS 706B.230        Accounts of business transactions maintained by companies; provision of annual report to Authority; regulations.

NRS 706B.240        Prohibition against disclosure of certain passenger information.

NRS 706B.250        Provision of contact information of Authority by company; creation of system to receive and address consumer complaints required.

NRS 706B.260        Companies required to report information to Authority relating to crashes involving fully autonomous vehicles; confidentiality of records.

NRS 706B.270        Prohibited acts by companies.

NRS 706B.280        Suspension or revocation of permit by Authority; administrative fine; person who violates provision of chapter not subject to criminal penalty.

NRS 706B.290        Restrictions on regulation of companies and fully autonomous vehicles by local governmental entities; exceptions; provisions of chapter do not exempt person from requirement to obtain state business license.

NRS 706B.300        Company required to maintain insurance.

_________

GENERAL PROVISIONS

      NRS 706B.010  Definitions.  As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 706B.020 to 706B.050, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2017, 4472)

      NRS 706B.020  “Authority” defined.  “Authority” means the Nevada Transportation Authority.

      (Added to NRS by 2017, 4472)

      NRS 706B.030  “Autonomous vehicle network company” or “company” defined.  “Autonomous vehicle network company” or “company” means an entity that, for compensation, connects a passenger to a fully autonomous vehicle which can provide transportation services to the passenger.

      (Added to NRS by 2017, 4472)

      NRS 706B.040  “Fully autonomous vehicle” defined.  “Fully autonomous vehicle” has the meaning ascribed to it in NRS 482A.036.

      (Added to NRS by 2017, 4472)

      NRS 706B.050  “Transportation services” defined.  “Transportation services” means the transportation of one or more passengers between points chosen by the passenger or passengers using a fully autonomous vehicle. The term includes only the period beginning when a company accepts a request to provide transportation for one or more passengers using a fully autonomous vehicle and ending when all of the passengers fully disembark from the fully autonomous vehicle.

      (Added to NRS by 2017, 4472)

      NRS 706B.060  Provisions of chapter not applicable to certain persons.  The provisions of this chapter do not apply to:

      1.  Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.27495.

      2.  A person who provides a method to enable persons who are interested in sharing expenses for transportation to a destination, commonly known as carpooling, to connect with each other, regardless of whether a fee is charged by the person who provides the method.

      (Added to NRS by 2017, 4472)

      NRS 706B.070  Applicability of laws governing motor vehicles to persons regulated under chapter; exemptions from provisions of chapter 704, 706 and 706A of NRS.

      1.  Except as otherwise provided in subsection 2, the provisions of this chapter do not exempt any person from any law governing the operation of a motor vehicle upon the highways of this State.

      2.  An autonomous vehicle network company which holds a valid permit issued by the Authority pursuant to this chapter and each fully autonomous vehicle operated by such a company are exempt from:

      (a) The provisions of chapter 704 of NRS relating to public utilities; and

      (b) The provisions of chapters 706 and 706A of NRS,

Ê to the extent that the services provided by the company are within the scope of the permit.

      (Added to NRS by 2017, 4472)

      NRS 706B.080  Regulations.

      1.  The Authority shall adopt such regulations as are necessary to carry out the provisions of this chapter.

      2.  The regulations adopted by the Authority pursuant to this section must not conflict with or regulate any matter described in chapter 482A of NRS.

      (Added to NRS by 2017, 4472)

PERMITS

      NRS 706B.110  Permit required for companies; Authority authorized to regulate companies; inapplicability of chapter 706 of NRS to companies; use of autonomous vehicles by person regulated under chapter 706 of NRS to provide transportation services; companies not prohibited from collaborating to provide transportation services with certain other persons.

      1.  An autonomous vehicle network company shall not engage in business in this State unless the company holds a valid permit issued by the Authority pursuant to this chapter.

      2.  The Authority is authorized and empowered to regulate, pursuant to the provisions of this chapter, all autonomous vehicle network companies who operate or wish to operate within this State. The Authority shall not apply any provision of chapter 706 of NRS to an autonomous vehicle network company who operates, or a fully autonomous vehicle operated by a company, within the provisions of this chapter and the regulations adopted pursuant thereto.

      3.  A person who is regulated pursuant to chapter 706 of NRS and who holds a valid permit issued pursuant to subsection 1 may apply to the Authority for a permit to use autonomous vehicles to provide transportation services. A person who holds a permit to use autonomous vehicles to provide transportation services:

      (a) May combine the operations of an autonomous vehicle network company and a business regulated pursuant to chapter 706 of NRS; and

      (b) Must comply with all requirements of this chapter and chapter 706 of NRS which apply to such combined operations.

      4.  Nothing in this chapter prohibits a company from collaborating to provide transportation services with any other person authorized to provide such services pursuant to this chapter or chapter 706 or 706A of NRS.

      (Added to NRS by 2017, 4472)

      NRS 706B.120  Submission of application for permit.  A person who desires to operate an autonomous vehicle network company in this State must submit to the Authority an application for the issuance of a permit to operate an autonomous vehicle network company. The application must be in the form required by the Authority and must include such information as the Authority, by regulation, determines is necessary to prove the person meets the requirements of this chapter for the issuance of a permit.

      (Added to NRS by 2017, 4473)

      NRS 706B.130  Issuance and scope of permit.

      1.  Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate an autonomous vehicle network company, the Authority shall issue to the applicant within 30 days a permit to operate an autonomous vehicle network company in this State.

      2.  In accordance with the provisions of this chapter, a permit issued pursuant to this section:

      (a) Authorizes an autonomous vehicle network company to use a dispatch center, software application or other digital means to connect passengers to a fully autonomous vehicle which can provide transportation services to the passenger.

      (b) Does not authorize an autonomous vehicle network company to engage in any activity otherwise regulated pursuant to chapter 706 or 706A of NRS other than the activity authorized by this chapter.

      3.  Nothing in this chapter prohibits the issuance of a permit to operate an autonomous vehicle network company to a person who is regulated pursuant to chapter 706 or 706A of NRS if the person submits an application pursuant to NRS 706B.120 and meets the requirements for the issuance of a permit.

      (Added to NRS by 2017, 4473)

      NRS 706B.140  Fee; annual assessment.

      1.  The Authority shall charge and collect a fee, in an amount established by the Authority by regulation, from each applicant for a permit to operate an autonomous vehicle network company in this State. The fee required by this subsection is not refundable. The Authority shall not issue a permit to operate an autonomous vehicle network company in this State unless the applicant has paid the fee required by this subsection.

      2.  For each year after the year in which the Authority issues a permit to an autonomous vehicle network company, the Authority shall levy and collect an annual assessment from the autonomous vehicle network company at a rate determined by the Authority based on the gross operating revenue derived from the intrastate operations of the autonomous vehicle network company in this State.

      3.  The annual assessment levied and collected by the Authority pursuant to subsection 2 must be used by the Authority for the regulation of autonomous vehicle network companies.

      (Added to NRS by 2017, 4473)

REGULATION OF COMPANIES

      NRS 706B.150  Companies to appoint and keep registered agent.  An autonomous vehicle network company shall appoint and keep in this State a registered agent as provided in NRS 14.020.

      (Added to NRS by 2017, 4474)

      NRS 706B.160  Company authorized to charge fare for transportation services; disclosure of rates; provision of estimate; payment; additional charges to passengers with disabilities prohibited; regulations establishing maximum fare during emergencies.

      1.  In accordance with the provisions of this chapter, an autonomous vehicle network company which holds a valid permit issued by the Authority pursuant to this chapter may charge a fare for transportation services.

      2.  If a fare is charged for transportation services provided to passengers, the company must disclose the rates charged by the company and the method by which the amount of a fare is calculated:

      (a) On an Internet website maintained by the company; or

      (b) Within the software application or other digital means used by the company to connect passengers to fully autonomous vehicles.

      3.  If a fare is charged for transportation services provided to passengers, the company must offer to each passenger the option to receive, before the passenger enters the fully autonomous vehicle of the company, an estimate of the amount of the fare that will be charged to the passenger.

      4.  An autonomous vehicle network company may accept payment of a fare only electronically. An autonomous vehicle network company shall not solicit or accept cash as payment of a fare.

      5.  An autonomous vehicle network company shall not impose any additional charge for providing transportation services to a person with a physical disability because of the disability.

      6.  The Authority may adopt regulations establishing a maximum fare that may be charged during an emergency, as defined in NRS 414.0345.

      (Added to NRS by 2017, 4474)

      NRS 706B.170  Company prohibited from connecting fully autonomous vehicle to passenger under certain circumstances; inspection of fully autonomous vehicle.

      1.  An autonomous vehicle network company shall not connect a fully autonomous vehicle to a potential passenger if the fully autonomous vehicle is not in compliance with the requirements of chapter 482A of NRS.

      2.  An autonomous vehicle network company shall inspect or cause to be inspected every fully autonomous vehicle used to provide transportation services before using the fully autonomous vehicle to provide transportation services and not less than once each year thereafter.

      3.  The inspection required by subsection 2 must ensure the proper functioning and safety of the fully autonomous vehicle pursuant to chapter 482A of NRS and any applicable federal law or regulation.

      (Added to NRS by 2017, 4474)

      NRS 706B.180  Adoption of policy prohibiting discrimination; accommodations for passenger who requires wheelchair-accessible fully autonomous vehicle.

      1.  An autonomous vehicle network company shall adopt a policy which prohibits discrimination against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.

      2.  An autonomous vehicle network company shall provide to each passenger an opportunity to indicate whether the passenger requires transportation in a fully autonomous vehicle that is wheelchair accessible. If the company cannot provide the passenger with transportation services in a fully autonomous vehicle that is wheelchair accessible, the company must direct the passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.

      (Added to NRS by 2017, 4474)

      NRS 706B.190  Provision of license plate number of fully autonomous vehicle required before provision of transportation services.  For each instance in which an autonomous vehicle network company uses a fully autonomous vehicle to provide transportation services to a passenger, the company shall provide to the passenger, before the passenger enters the fully autonomous vehicle, the license plate number of the fully autonomous vehicle. The information required by this section must be provided to the passenger:

      1.  On an Internet website maintained by the company; or

      2.  Within the software application or other digital means used by the company to connect passengers to fully autonomous vehicles.

      (Added to NRS by 2017, 4475)

      NRS 706B.200  Transmission of receipt to passenger; contents of receipt.  An autonomous vehicle network company which connected a passenger to a fully autonomous vehicle shall, within a reasonable period following the provision of transportation services to the passenger, transmit to the passenger an electronic receipt, which must include, without limitation:

      1.  A description of the point of origin and the destination of the transportation services;

      2.  The total time for which transportation services were provided;

      3.  The total distance traveled; and

      4.  An itemization of the fare, if any, charged for the transportation services.

      (Added to NRS by 2017, 4475)

      NRS 706B.210  Contract between company and Department of Health and Human Services authorized.  An autonomous vehicle network company may enter into a contract with any agency of the Department of Health and Human Services to provide assistance in transportation pursuant to the programs administered by the agency.

      (Added to NRS by 2017, 4475)

      NRS 706B.220  Records maintained by company: Period of maintenance; contents; inspection; confidentiality of proprietary information.

      1.  An autonomous vehicle network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:

      (a) Trip records;

      (b) Vehicle inspection records;

      (c) Records of each complaint and the resolution of each complaint; and

      (d) Records of each accident or other incident that involved a fully autonomous vehicle and was reported to the company.

      2.  Each autonomous vehicle network company shall make its records available for inspection by the Authority upon request and only as necessary for the Authority to investigate complaints. This subsection does not require a company to make any proprietary information available to the Authority. Any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority.

      (Added to NRS by 2017, 4475)

      NRS 706B.230  Accounts of business transactions maintained by companies; provision of annual report to Authority; regulations.

      1.  Each autonomous vehicle network company shall:

      (a) Keep uniform and detailed accounts of all business transacted in this State and provide such accounts to the Authority upon request;

      (b) On or before May 15 of each year, provide an annual report to the Authority regarding all business conducted by the company in this State during the preceding calendar year; and

      (c) Provide the information determined by the Authority to be necessary to verify the collection of money owed to the State.

      2.  The Authority shall adopt regulations setting forth the form and contents of the information required to be provided pursuant to subsection 1.

      3.  If the Authority determines that an autonomous vehicle network company has failed to include information in its accounts or the report required pursuant to subsection 1, the Authority shall notify the company to provide such information. A company which receives a notice pursuant to this subsection shall provide the specified information within 15 days after receipt of such a notice.

      4.  All information required to be provided pursuant to this section must be signed by an officer or agent of, or other person authorized by, the autonomous vehicle network company under oath.

      (Added to NRS by 2017, 4475)

      NRS 706B.240  Prohibition against disclosure of certain passenger information.  An autonomous vehicle network company shall not disclose to any person the personally identifiable information of a passenger who received services from the company unless:

      1.  The disclosure is otherwise required by law;

      2.  The company determines that disclosure is required to protect or defend the terms of use of the services or to investigate violations of those terms of use; or

      3.  The passenger consents to the disclosure.

      (Added to NRS by 2017, 4476)

      NRS 706B.250  Provision of contact information of Authority by company; creation of system to receive and address consumer complaints required.  Each autonomous vehicle network company shall:

      1.  Provide notice of the contact information of the Authority on an Internet website maintained by the company or within the software application or other digital means used by the company to connect passengers to fully autonomous vehicles; and

      2.  Create a system to receive and address complaints from consumers which is available during normal business hours in this State.

      (Added to NRS by 2017, 4476)

      NRS 706B.260  Companies required to report information to Authority relating to crashes involving fully autonomous vehicles; confidentiality of records.

      1.  Each autonomous vehicle network company shall provide to the Authority reports containing information relating to motor vehicle crashes which occurred in this State while a fully autonomous vehicle was providing transportation services. The reports required by this subsection must contain the information identified in subsection 2 and be submitted:

      (a) For all crashes that occurred during the first 6 months that the company operates within this State, not later than 7 months after the date the company was issued a permit.

      (b) For all crashes that occurred during the first 12 months that the company operates within this State, not later than 13 months after the date the company was issued a permit.

      2.  The reports submitted pursuant to subsection 1 must include, for the period of time specified in subsection 1:

      (a) The number of motor vehicle crashes which occurred in this State involving such a fully autonomous vehicle;

      (b) The highest, lowest and average amount paid for bodily injury or death to one or more persons that occurred as a result of such a crash; and

      (c) The highest, lowest and average amount paid for damage to property that occurred as a result of such a crash.

      3.  Except as otherwise provided in this subsection, any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority. The Authority shall collect the reports submitted by autonomous vehicle network companies pursuant to subsection 1 and determine whether the limits of coverage required pursuant to NRS 706B.300 are sufficient. The Authority shall submit a report stating whether the limits of coverage required pursuant to NRS 706B.300 are sufficient and containing the information, in an aggregated format which does not reveal the identity of any person, submitted by autonomous vehicle network companies pursuant to subsection 1 since the last report of the Authority pursuant to this subsection:

      (a) To the Legislative Commission on or before December 1 of each odd-numbered year.

      (b) To the Director of the Legislative Counsel Bureau for transmittal to the Legislature on or before December 1 of each even-numbered year.

      (Added to NRS by 2017, 4476)

      NRS 706B.270  Prohibited acts by companies.

      1.  With respect to a passenger’s destination when using a fully autonomous vehicle provided by the company, an autonomous vehicle network company shall not:

      (a) Deceive or attempt to deceive any passenger who rides or desires to ride in the vehicle.

      (b) Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

      (c) Take a longer route to the passenger’s destination than is necessary, unless specifically requested to do so by the passenger.

      2.  The Authority shall not consider any action taken by a fully autonomous vehicle which is consistent with its operational design domain, as defined in NRS 482A.046, or technological capabilities as a violation of subsection 1.

      3.  As used in this section, “longer route to the passenger’s destination” means any route other than that which would result in the lowest fare to the passenger.

      (Added to NRS by 2017, 4477)

      NRS 706B.280  Suspension or revocation of permit by Authority; administrative fine; person who violates provision of chapter not subject to criminal penalty.

      1.  If the Authority determines that an autonomous vehicle network company has violated the terms of a permit issued pursuant to this chapter or any other provision of this chapter or any regulations adopted pursuant thereto, the Authority may, depending on whether the violation was committed by the company or a fully autonomous vehicle used by the company, or both:

      (a) If the Authority determines that the violation is willful and endangers public safety in a manner unrelated to the provisions of chapter 482A of NRS, suspend or revoke the permit issued to the company;

      (b) If the Authority determines that the violation is willful and endangers public safety in a manner unrelated to the provisions of chapter 482A of NRS, impose against the company an administrative fine in an amount not to exceed $100,000 per violation; or

      (c) Impose any combination of the penalties provided in paragraphs (a) and (b).

      2.  To determine the amount of an administrative fine imposed pursuant to paragraph (b) or (c) of subsection 1, the Authority shall consider:

      (a) The size of the company;

      (b) The severity of the violation;

      (c) Any good faith efforts by the company to remedy the violation;

      (d) The history of previous violations by the company; and

      (e) Any other factor that the Authority determines to be relevant.

      3.  Notwithstanding the provisions of NRS 193.170, a person who violates any provision of this chapter is not subject to any criminal penalty for such a violation.

      (Added to NRS by 2017, 4477)

      NRS 706B.290  Restrictions on regulation of companies and fully autonomous vehicles by local governmental entities; exceptions; provisions of chapter do not exempt person from requirement to obtain state business license.

      1.  Except as otherwise provided in subsection 2, a local governmental entity shall not:

      (a) Impose any tax or fee on an autonomous vehicle network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter or a fully autonomous vehicle used by such a company to provide transportation services.

      (b) Require an autonomous vehicle network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter to obtain from the local government any certificate, license or permit to operate within that scope.

      (c) Impose any other requirement upon an autonomous vehicle network company which is not of general applicability to all persons who operate a motor vehicle within the jurisdiction of the local government.

      2.  Nothing in this section:

      (a) Prohibits a local governmental entity from requiring an autonomous vehicle network company to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government.

      (b) Prohibits an airport or its governing body from requiring an autonomous vehicle network company to:

             (1) Obtain a permit or certification to operate at the airport;

             (2) Pay a fee to operate at the airport; or

             (3) Comply with any other requirement to operate at the airport.

      (c) Exempts a fully autonomous vehicle used by a company from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.

      3.  The provisions of this chapter do not exempt any person from the requirement to obtain a state business license issued pursuant to chapter 76 of NRS.

      (Added to NRS by 2017, 4477)

      NRS 706B.300  Company required to maintain insurance.  Each autonomous vehicle network company shall maintain insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS, procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, or a program of self-insurance which meets criteria established by the Authority in an amount of $1,500,000 or more for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while providing transportation services using a fully autonomous vehicle pursuant to this chapter.

      (Added to NRS by 2017, 4478)