A.B. 446
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ASSEMBLY BILL NO. 446–ASSEMBLYMEMBER CARTER
MARCH 17, 2025
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to transportation.
(BDR 58-207)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to transportation; prohibiting trains of a certain
length from being run on certain railroads; prohibiting a
railroad from placing a stationary rail car or train within a
certain distance of a railroad grade crossing; requiring
certain railroads to install certain safety equipment;
requiring certain railroad companies to take or refrain
from taking certain actions relating to railroad safety;
establishing requirements for lighting equipment installed
in certain railroad yards; requiring certain reports;
providing for the monitoring and inspection of railroads
by certain union representatives; prescribing certain
requirements relating to the transportation of railroad
employees by railroad contract carriers; limiting the hours
drivers employed by railroad contract carriers may work;
providing for the maintenance and inspection of certain
records; providing penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes provisions governing the operation of railroads in this 1
State. (Chapter 705 of NRS) Section 2 of this bill prohibits a railroad company 2
owning or operating any railroad in this State from: (1) operating, running or 3
allowing to be run on certain railroad tracks a freight or work train that is more than 4
8,500 feet long; and (2) placing a stationary rail car or train within 1,500 feet of a 5
railroad grade crossing. Section 2 also requires a railroad company owning or 6
operating any railroad in this State to: (1) install and periodically inspect a hot box 7
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detector every 10 miles along certain railroad tracks in this State; and (2) cut, 8
separate or move a train, rolling stock or other on-track equipment that has come to 9
a complete stop and is blocking a railroad grade crossing, if an authorized 10
emergency vehicle is approaching the crossing, with certain exceptions. Section 3 11
of this bill prohibits a railroad company owning or operating any railroad in this 12
State from placing or causing to be placed certain material, debris and other objects 13
that could pose a safety hazard to employees of the railroad within a certain area 14
surrounding railroad tracks. 15
Section 4 of this bill requires certain railroads that operate a railroad yard 16
where rail cars or locomotives are frequently switched, repaired or inspected at 17
night or where trains are frequently assembled or disassembled at night to: (1) 18
maintain the lighting equipment installed in such railroad yards in good and 19
working order; and (2) promptly repair or replace malfunctioning lighting 20
equipment within 48 hours after receiving a report of a malfunction of the 21
equipment. Section 4 establishes certain minimum standards for lighting equipment 22
installed in a railroad yard where rail cars or locomotives carrying hazardous 23
materials are frequently switched, repaired or inspected at night or where certain 24
trains carrying such materials are frequently assembled or disassembled at night. 25
Section 4 additionally requires certain railroads and the union representatives of the 26
employees of each railroad yard of such railroads to annually compile and transmit 27
to the Public Utilities Commission of Nevada certain reports relating to the 28
maintenance and operation of the lighting equipment installed in the railroad yards 29
operated by the railroad. 30
Section 5 of this bill requires a railroad company owning or operating any 31
railroad in this State to authorize a representative of a union that represents the 32
employees of the railroad to monitor the safety practices of the railroad. Section 5 33
requires a railroad to authorize the representative of such a union to access the 34
property of the railroad to conduct certain inspections and other activities to 35
monitor the safety practices of the railroad. Section 5 also requires a railroad to 36
notify the Commission and certain union officials upon the occurrence of any 37
derailment, collision or other incident involving a train, rail car, locomotive or other 38
equipment owned or operated by the railroad or operated on the railroad tracks 39
owned or operated by the railroad. 40
Section 6 of this bill requires each railroad company owning or operating any 41
railroad in this State to provide a bond to the Commission in an amount of not less 42
than $5,000,000 to ensure the compliance of the railroad with the provisions of 43
sections 2-5. Section 6 also provides that a railroad that violates the provisions of 44
sections 2-5 is subject to certain civil penalties. 45
Existing law requires an operator of a motor vehicle that transports passengers 46
for compensation pursuant to a contract with one or more customers to obtain a 47
permit from the Nevada Transportation Authority as a contract motor carrier. 48
Existing law subjects each contract motor carrier to certain regulations and 49
requirements. (Chapter 706 of NRS) Sections 9-20 of this bill prescribe additional 50
requirements for railroad contract carriers, which are contract motor carriers that 51
specifically transport, for compensation and within this State, employees of a 52
railroad. Section 15 limits, with certain exceptions, the number of hours that a 53
railroad contract carrier can require or allow a driver employed by the carrier to 54
drive or otherwise be on duty for the carrier. Section 15 requires a railroad contract 55
carrier to ensure that each driver maintains accurate time records on a daily basis. 56
Section 15 requires each railroad contract carrier to collect and retain records for 57
each driver for a period of not less than 1 year. Section 16 prohibits a railroad 58
contract carrier from employing a driver who has twice been convicted of certain 59
traffic offenses within a 3-year period or has ever had his or her driving privileges 60
suspended or revoked due to a conviction of certain traffic offenses. Section 16 61
also requires a railroad contract carrier to maintain for each driver employed by the 62
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carrier certain information relating to the driving ability and safety record of the 63
driver. Section 17 prohibits a person from acting as a driver for a railroad contract 64
carrier unless the person submits to testing for alcohol and controlled substances. 65
Section 17 also requires a railroad contract carrier to test a driver involved in a 66
crash involving certain injuries for alcohol and controlled substances as soon as 67
practicable after the crash. Section 17 requires a railroad contract carrier to transmit 68
the results of any post-crash testing of a driver to the Authority. Section 18 requires 69
a railroad contract carrier to annually inspect each transport vehicle operated by the 70
carrier. Section 18 further requires a railroad contract carrier to develop a vehicle 71
safety and maintenance policy, which must provide for the weekly inspection of 72
parts and accessories of each transport vehicle. Section 18 requires each transport 73
vehicle operated by a railroad contract carrier to be equipped with certain 74
equipment and safety features. 75
Existing law requires motor carriers regulated by the Authority to maintain a 76
liability insurance policy in such amounts as the Authority may designate. (NRS 77
706.291) Section 19 instead requires each railroad contract carrier to maintain a 78
certain minimum amount of liability coverage and uninsured and underinsured 79
vehicle coverage. Section 25 of this bill clarifies that the insurance requirements of 80
section 19 apply only to railroad contract carriers and not to other contract motor 81
carriers, which are still required to maintain the minimum amount of coverage 82
prescribed by the Authority. Additionally, section 20 requires a railroad contract 83
carrier to provide a bond to the Authority in an amount of not less than $5,000,000 84
to ensure the compliance of the railroad contract carrier with the provisions of 85
sections 8-20. 86
Existing law declares all contract motor carriers to be affected with a public 87
interest and subject to the permitting, regulatory and enforcement authority of the 88
Authority. (NRS 706.156) Section 22 of this bill requires a railroad contract carrier 89
to comply with the provisions of sections 8-20 in the same manner as the carrier is 90
required to comply with other requirements and regulations applicable to contract 91
motor carriers generally. Sections 26-30 provide for the enforcement of sections 8-92
20 by the Authority in the same manner as other provisions relating to motor 93
carriers. Section 23 of this bill clarifies that the requirements of sections 8-20 are 94
inapplicable to vehicles leased to or owned by certain governmental entities. 95
Section 24 of this bill requires a railroad contract carrier to display certain 96
identifying information on each vehicle it operates. Sections 9-14 define certain 97
terms relating to railroad contract carriers and section 8 establishes the applicability 98
of those definitions. Section 21 of this bill applies definitions in existing law 99
relating to the regulation of motor carriers to sections 8-20. 100
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 705 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 6, inclusive, of this 2
act. 3
Sec. 2. 1. A railroad company owning or operating any 4
railroad within this State shall not operate, run or permit to be run 5
anywhere over a main line or branch line in this State any freight 6
or work train that is more than 8,500 feet long. Each train 7
operating or running in violation of this section constitutes a 8
separate violation. 9
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2. A railroad company owning or operating any railroad 1
within this State shall install and maintain a hot box detector not 2
less than every 10 miles along each main line in this State that is 3
owned or operated by the railroad company. A railroad company 4
that is required to install a hot box detector pursuant to this 5
section shall inspect each such hot box detector installed by the 6
company for defects not less than once every 30 days. 7
3. A railroad company owning or operating any railroad 8
within this State shall not place a stationary rail car or train on a 9
portion of a railroad that is within 1,500 feet of a railroad grade 10
crossing. 11
4. Except for a train, rolling stock or other on-track 12
equipment that is stopped due to mechanical failure where 13
separation or movement is not possible, a railroad company 14
owning or operating any railroad within this State shall, upon the 15
approach of an authorized emergency vehicle, cut, separate or 16
cause to be moved any train, rolling stock or other on-track 17
equipment that has come to a complete stop and is blocking a 18
railroad grade crossing. 19
5. As used in this section: 20
(a) “Authorized emergency vehicle” has the meaning ascribed 21
to it in NRS 484A.020. 22
(b) “Branch line” means a secondary railroad track that 23
branches off from a main line. 24
(c) “Hot box detector” means a device that utilizes infrared 25
technology to measure the temperature of axles, bearings and the 26
related equipment of a passing train, rolling stock or other on-27
track equipment in order to detect potential defects or abnormal 28
temperatures of the measured equipment. 29
(d) “Main line” means: 30
(1) A segment or route of railroad tracks over which 31
5,000,000 gross tons or more of freight railroad traffic is 32
transported annually; and 33
(2) Such other tracks as the Public Utilities Commission of 34
Nevada may prescribe by regulation. 35
(e) “Railroad grade crossing” means any intersection between 36
a highway, as defined in NRS 706.074, and a railroad track. 37
Sec. 3. 1. A railroad company owning or operating any 38
railroad within this State shall not knowingly cause to be placed or 39
permit to remain in the safe space of a railroad track any material 40
or condition likely to endanger the safety of an employee, 41
including, without limitation: 42
(a) Scrap iron; 43
(b) Lumber; 44
(c) Debris; 45
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(d) Vegetation exceeding a height of 4 inches; or 1
(e) Marked unevenness of terrain. 2
2. As used in this section, “safe space” means the area whose 3
dimensions include the entire length of any railroad track and: 4
(a) A height from actual grade level to 14 feet above the top of 5
the rails of the track; and 6
(b) A width extending 8 feet perpendicularly, on both sides, 7
from the center line of the track. 8
Sec. 4. 1. A Class I or Class II railroad that operates a 9
railroad yard in this State where rail cars or locomotives are 10
frequently switched, repaired or inspected at night or where trains 11
are frequently assembled or disassembled at night shall submit to 12
the Public Utilities Commission of Nevada, not later than 13
January 15 of each year, a report that: 14
(a) Identifies each such railroad yard. 15
(b) For each railroad yard identified pursuant to 16
paragraph (a): 17
(1) Describes the nature and placement of lighting 18
equipment currently in use at the railroad yard; and 19
(2) Describes the practices of the railroad relating to 20
maintenance and operation of the lighting equipment described in 21
subparagraph (1). 22
(c) States for each railroad yard identified pursuant to 23
paragraph (a) whether the lighting equipment in the railroad yard 24
meets or exceeds the guidelines for illumination established by the 25
American Railway Engineering and Maintenance -of-Way 26
Association. 27
(d) States for each railroad yard identified pursuant to 28
paragraph (a) whether the lighting equipment in the railroad yard 29
is installed and operated in a manner consistent with: 30
(1) Conserving energy; 31
(2) Reducing glare; 32
(3) Minimizing light pollution; and 33
(4) Preserving the natural environment of the night. 34
(e) Contains either: 35
(1) A plan developed by the railroad for bringing into 36
compliance any railroad yard identified by the railroad pursuant 37
to paragraph (a) in which the lighting equipment: 38
(I) Does not meet or exceed the guidelines described in 39
paragraph (c); or 40
(II) Is not operated in accordance with the objectives 41
described in paragraph (d); 42
(2) A declaration that the lighting equipment in each 43
railroad yard operated by the railroad meets or exceeds the 44
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guidelines described in paragraph (c) and is operated in 1
accordance with the objectives described in paragraph (d); or 2
(3) An explanation of why the guidelines and objectives 3
described in paragraphs (c) and (d), respectively, should not apply 4
to a railroad yard operated by the railroad, based on 5
circumstances individually applicable to each applicable railroad 6
yard. 7
2. A railroad that is required to submit a report pursuant to 8
subsection 1 shall maintain all lighting equipment at each railroad 9
yard operated by the railroad in good and working order. 10
3. If a railroad that is required to submit a report pursuant to 11
subsection 1 receives a report from any person that any lighting 12
equipment at a railroad yard is malfunctioning, the railroad shall 13
repair or replace the malfunctioning equipment within 48 hours 14
after receiving the report. 15
4. If any employees of a railroad yard operated by a railroad 16
that is required to submit a report pursuant to subsection 1 have 17
elected to be represented by a labor union, the representative of 18
each union for the employees of each applicable railroad yard 19
shall submit to the Public Utilities Commission of Nevada, not 20
later than January 15 of each year, a report that: 21
(a) Describes the nature and placement of lighting equipment 22
currently in use at the railroad yard and the maintenance status 23
and operation of the lighting equipment; 24
(b) Describes the level of maintenance of the lighting 25
equipment and the promptness of the railroad in responding to 26
reports of malfunctions of the lighting equipment; 27
(c) States whether the available lighting at the railroad yard is 28
adequate to provide adequate working conditions for employees 29
working at night; and 30
(d) Describes any applicable changes in the lighting equipment 31
and any observed changes in the maintenance and operation 32
practices relating to the equipment that have occurred since the 33
last time a report was submitted for a railroad yard pursuant to 34
this section. 35
5. A Class I or Class II railroad that operates a railroad yard 36
in this State where rail cars or locomotives that carry placarded 37
hazardous materials are frequently switched, repaired or inspected 38
at night or where trains with more than 25 tanker rail cars 39
carrying placarded hazardous materials are frequently assembled 40
or disassembled at night shall install and operate lighting 41
equipment in each such railroad yard: 42
(a) That meets or exceeds the guidelines for illumination 43
established by the American Railway Engineering and 44
Maintenance-of-Way Association; and 45
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(b) In a manner consistent with: 1
(1) Conserving energy; 2
(2) Reducing glare; 3
(3) Minimizing light pollution; and 4
(4) Preserving the natural environment of the night. 5
6. The Public Utilities Commission of Nevada shall: 6
(a) Review all reports submitted pursuant to subsections 1 and 7
4 and investigate any discrepancies between a report submitted 8
pursuant to subsection 1 and subsection 4 with respect to a 9
particular railroad yard. 10
(b) Upon the conclusion of an investigation undertaken 11
pursuant to paragraph (a), report the findings of the investigation 12
to the railroad that operates the applicable railroad yard and the 13
union representative for the employees of the railroad yard. 14
(c) On or before December 31 of each year, compile a report 15
that contains: 16
(1) A summary of the reports received pursuant to this 17
section during the immediately preceding year; 18
(2) The results of any investigation undertaken pursuant to 19
paragraph (a) during the immediately preceding year; 20
(3) A summary of the progress achieved by railroads in this 21
State with achieving the guidelines and objectives for lighting 22
equipment in railroad yards described in paragraphs (c) and (d), 23
respectively, of subsection 1; and 24
(4) Recommendations for legislation to improve safety in 25
and around railroad yards at night, including, without limitation, 26
additional standards and guidelines for lighting equipment 27
installed in railroad yards. 28
(d) Transmit the report compiled pursuant to paragraph (c) to 29
the Director of the Legislative Counsel Bureau for transmittal: 30
(1) In odd-numbered years, to the next regular session of 31
the Legislature. 32
(2) In even-numbered years, to: 33
(I) The Joint Interim Standing Committee on Commerce 34
and Labor; and 35
(II) The Joint Interim Standing Committee on Growth 36
and Infrastructure. 37
7. The Public Utilities Commission of Nevada shall adopt 38
regulations prescribing what constitutes “frequent” for the 39
purposes of this section. 40
8. As used in this section: 41
(a) “At night” means after sunset and before sunrise. 42
(b) “Class I railroad” has the meaning ascribed to it in 40 43
C.F.R. § 1033.901. 44
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(c) “Class II railroad” has the meaning ascribed to it in 40 1
C.F.R. § 1033.901. 2
Sec. 5. 1. If the employees of a railroad company owning 3
or operating a railroad in this State, or any particular subset of 4
employees of the railroad company, have elected to be represented 5
by a labor union, the railroad company shall authorize the 6
designated representative of each such union to monitor the safety 7
practices and operations of the railroad. The railroad company 8
shall authorize each designated representative of the union to: 9
(a) Carry out physical inspections of railroad property, when 10
such inspections can be safely conducted; 11
(b) Take photographs of or on railroad property; 12
(c) Conduct such other examinations of railroad property and 13
interviews of employees of the railroad company who are 14
represented by the union as may be necessary to: 15
(1) Ensure the compliance of the railroad with all 16
applicable state and federal laws and regulations relating to the 17
safety of employees of the railroad company; and 18
(2) Investigate a potential safety hazard that may result in 19
injury or death to an employee of the railroad company 20
represented by the union. 21
2. If a train, rail car, locomotive or other equipment owned or 22
operated by a railroad company, or operating on tracks owned or 23
operated by the railroad company, is involved in a derailment, 24
collision, split switch, run-away equipment event, an unintended 25
separation of equipment event or any other incident occurring 26
outside of normal railroad operations, the railroad company 27
owning or operating the applicable train, rail car, locomotive or 28
other equipment shall: 29
(a) Report the incident to the Public Utilities Commission of 30
Nevada within 30 days after the incident, regardless of whether 31
the incident caused any property damage, and include within the 32
report a copy of the investigation of the incident conducted by the 33
railroad company, if applicable. 34
(b) Immediately report the incident to the designated 35
representative of the union of each employee involved in the 36
incident, and the local leader of each such union, as applicable, 37
and authorize each representative of such a union and its local 38
leader to conduct an investigation of the incident on behalf of the 39
union in a manner consistent with subsection 1. 40
Sec. 6. 1. The Public Utilities Commission of Nevada shall 41
require each railroad company owning or operating any railroad 42
within this State to provide a bond executed by the company, 43
corporation or receiver, as applicable, as principal, and by a 44
corporation qualified pursuant to the laws of this State as a surety, 45
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payable to the State of Nevada, and conditioned upon the faithful 1
performance of all the requirements of sections 2 to 5, inclusive, 2
of this act. The total amount of the bond must be not less than 3
$5,000,000. 4
2. A railroad company that violates the provisions of sections 5
2 to 5, inclusive, of this act, is liable to the Public Utilities 6
Commission of Nevada for a civil penalty of: 7
(a) Not less than $500, but not more than $25,000 for each 8
violation; or 9
(b) Not more than $100,000 for each violation, if the Public 10
Utilities Commission of Nevada first determines, after notice and 11
an opportunity for a hearing in accordance with the provisions of 12
NRS 703.320, that: 13
(1) The railroad company committed the violation in a 14
grossly negligent manner; or 15
(2) The violation is a part of a pattern of repeated 16
violations. 17
Sec. 7. Chapter 706 of NRS is hereby amended by adding 18
thereto the provisions set forth as sections 8 to 20, inclusive, of this 19
act. 20
Sec. 8. As used in sections 8 to 20, inclusive, of this act, the 21
words and terms defined in sections 9 to 14, inclusive, of this act 22
have the meanings ascribed to them in those sections. 23
Sec. 9. “Drive time” means the length of time that a 24
transport vehicle driver spends behind the wheel of a transport 25
vehicle performing transportation assignments or driving to or 26
from a transportation assignment. 27
Sec. 10. “Off-duty time” means a period of time that a 28
transport vehicle driver is not on-duty, during which time the 29
railroad contract carrier is unable to communicate with the 30
transport vehicle driver in a manner that could disrupt the rest of 31
the transport vehicle driver. 32
Sec. 11. “On-duty time” means all time from the time a 33
transport vehicle driver begins to work or is required to be in 34
readiness to work until the time the transport vehicle driver is 35
relieved from work and all responsibility for performing work. The 36
term includes, without limitation: 37
1. Time spent at the facility of the railroad contract carrier 38
waiting to be dispatched for a transportation assignment; 39
2. Time spent inspecting, servicing or maintaining a transport 40
vehicle; 41
3. Any time classified as drive time; 42
4. Any time required to be spent in a transport vehicle other 43
than drive time; 44
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5. Time spent supervising, assisting or attending the loading 1
and unloading of passengers of a transport vehicle; 2
6. Time spent obtaining assistance for or safeguarding a 3
disabled transport vehicle; and 4
7. Time spent providing a breath sample or urine sample, 5
including travel time to and from the testing site, as required to 6
comply with federal or state law, including the requirements of 7
section 17 of this act. 8
Sec. 12. “Railroad contract carrier” means a contract motor 9
carrier engaged in intrastate transportation by transport vehicle of 10
the employees of a railroad to or from a work assignment for 11
compensation. 12
Sec. 13. “Transport vehicle” means a motor vehicle that: 13
1. Has a seating capacity of 15 passengers or less; and 14
2. Is used by a railroad contract carrier to transport 15
employees of a railroad to or from a work assignment. 16
Sec. 14. “Transport vehicle driver” means a person who is 17
employed by a railroad contract carrier to drive employees of a 18
railroad to or from a work assignment using a transport vehicle. 19
Sec. 15. 1. A railroad contract carrier shall not allow or 20
require a transport vehicle driver to accrue: 21
(a) Within any 24-hour period: 22
(1) Except as otherwise provided in subsection 2, more than 23
10 hours of drive time following 8 consecutive hours of off-duty 24
time. 25
(2) More than 15 hours of on-duty time since the transport 26
vehicle driver last had 8 consecutive hours of off-duty time. 27
(b) More than 70 hours of total on-duty time in any period of 7 28
consecutive days. 29
2. A railroad contract carrier may authorize a transport 30
vehicle driver to accrue an additional 2 hours of drive time, in 31
addition to the limit established pursuant to subparagraph (1) of 32
paragraph (a) of subsection 1, if: 33
(a) The driver encounters an emergency during a 34
transportation assignment and, because of the emergency, cannot 35
safely complete the assignment within the 10 hours of drive time 36
allowed pursuant to subparagraph (1) of paragraph (a) of 37
subsection 1; 38
(b) The transportation assignment could have otherwise been 39
completed within the drive time remaining for the driver in the 24-40
hour period, absent the emergency; and 41
(c) The additional drive time is used by the transport vehicle 42
driver for the sole purpose of: 43
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(1) Completing the transportation assignment, if the 1
assignment can be completed within the additional hours of drive 2
time authorized by this subsection; or 3
(2) Reaching a place or destination that offers safety for the 4
occupants of the transport motor vehicle and security for the 5
transport vehicle. 6
3. A railroad contract carrier shall require each transport 7
vehicle driver employed by the carrier to keep and maintain 8
accurate time records for each day that the transport vehicle driver 9
is on duty. The records kept by each transport vehicle driver must 10
include, without limitation: 11
(a) The time that the transport vehicle driver reported for duty 12
on that day; 13
(b) The total number of hours of on-duty time worked by the 14
transport vehicle driver on that day; 15
(c) The time that the transport vehicle driver was released from 16
duty on that day; and 17
(d) The total number of hours that the transport vehicle driver 18
drove for the railroad contract carrier on that day. 19
4. A railroad contract carrier shall collect all of the records 20
required to be kept and maintained by each transport vehicle 21
driver pursuant to subsection 3 and shall retain each record 22
collected from each driver for not less than 1 year from the date 23
on which each record was compiled. 24
Sec. 16. 1. A railroad contract carrier shall not employ any 25
person as a transport vehicle driver if: 26
(a) The driving privileges or driver’s license of the person or 27
driver’s permit issued to the person pursuant to NRS 706.462 has 28
ever been suspended or revoked by the Department, the Authority, 29
or any department or regulatory body of any other state or 30
territory of the United States based on a conviction of any offense 31
described in paragraph (b). 32
(b) The person has been found to have committed two or more 33
of the following offenses within a 3-year period in any state or 34
territory of the United States: 35
(1) Any traffic offense relating to intoxication, including, 36
without limitation, any violation of NRS 484C.110, 484C.120 and 37
484C.130. 38
(2) Any traffic offense which specifically applies to 39
commercial motor vehicles. 40
(3) Any seat belt violation, including, without limitation, a 41
violation of NRS 484D.495. 42
(4) Driving 15 miles per hour or more over the speed limit. 43
(5) Vehicular manslaughter pursuant to NRS 484B.657, a 44
violation of subsection 9 of NRS 484B.653 or a similar offense, 45
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the elements of which involve the death of a person caused by the 1
negligent or grossly negligent operation of a motor vehicle. 2
(6) Using a vehicle to commit a felony. 3
(7) Any offense involving the failure to maintain the 4
requisite minimum amount of insurance or financial 5
responsibility as required by law or the failure to maintain proof 6
of such financial responsibility, including, without limitation, a 7
violation of NRS 485.187. 8
(8) Any offense involving a breach of a duty or 9
responsibility under law to stop and remain at the scene of a 10
crash, including, without limitation, a violation of NRS 484E.010, 11
484E.020 or 484E.030. 12
(9) Fleeing and attempting to elude law enforcement 13
through the use of a vehicle, including, without limitation, a 14
violation of NRS 484B.550. 15
(10) Reckless or aggressive driving, including, without 16
limitation, a violation of NRS 484B.650 or 484B.653. 17
(11) Unlawfully passing a school bus, including, without 18
limitation, a violation of NRS 484B.353. 19
(12) Failure to obey an official traffic control device, 20
including, without limitation, a violation of NRS 484B.300. 21
(13) Failure to stop at a railroad grade crossing or obey a 22
traffic-control device for railroad crossings, including, without 23
limitation, a violation of NRS 484B.553 or 484B.557. 24
(14) Driving without a valid driver’s license or driving with 25
a cancelled, suspended or revoked driver’s license, including, 26
without limitation, a violation of NRS 483.550 or 483.560. 27
(15) Driving the wrong way down a one-way street or 28
driving the wrong way on a divided highway, including, without 29
limitation, a violation of NRS 484B.220 or 484B.227. 30
2. A railroad contract carrier shall maintain a file of records 31
for each transport vehicle driver that the railroad contract carrier 32
employs. The file must include, without limitation: 33
(a) A copy of a medical examiner’s certificate issued to the 34
driver within the last 2 years by a medical examiner licensed in 35
this State which states that the driver meets the health 36
requirements established by the Federal Motor Carrier Safety 37
Regulations, 49 C.F.R. §§ 391.41 et seq. 38
(b) Documentation that confirms that the railroad contract 39
carrier has obtained a copy of the driving record of the transport 40
vehicle driver at least once each year that the transport vehicle 41
driver is employed by the railroad contract carrier. 42
(c) Documents and records relating to the driving record and 43
history of the transport vehicle driver, including, without 44
limitation, records of any citations issued to the driver or 45
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convictions of the driver for a violation of the motor vehicle laws 1
or ordinances of any jurisdiction. 2
(d) Documents not described in paragraph (b) or (c) that 3
otherwise relate to the qualification or ability of the transport 4
vehicle driver to drive a motor vehicle, including, without 5
limitation, records of any complaints made against the transport 6
vehicle driver through a hotline maintained by the railroad 7
contract carrier to receive feedback on the driving of transport 8
vehicle drivers. 9
(e) The application for employment submitted by the transport 10
vehicle driver, which must conform with the requirements of 49 11
C.F.R. § 391.21(b). 12
(f) Responses or documentation received by the railroad 13
contract carrier from the previous employer of the transport 14
vehicle driver relating to the safety record of the transport vehicle 15
driver. 16
3. As used in this section, “medical examiner” has the 17
meaning ascribed to it in NRS 706.8842. 18
Sec. 17. 1. A railroad contract carrier shall not permit a 19
person to perform the duties of a transport vehicle driver unless 20
the person has undergone testing for alcohol or controlled 21
substances in a manner consistent with the provisions of 49 C.F.R. 22
Parts 40 and 382. A person may perform the duties of a transport 23
vehicle driver if the testing of the person indicates: 24
(a) A blood alcohol concentration of zero; and 25
(b) A negative test result for the presence of controlled 26
substances. 27
2. A railroad contract carrier shall not permit a person to 28
perform, and a person shall not perform, the duties of a transport 29
vehicle driver if: 30
(a) The results of the testing of the person for alcohol and 31
controlled substances are not in compliance with subsection 1; 32
(b) The person refuses to agree to testing or refuses to submit a 33
specimen for an alcohol test or controlled substances test; or 34
(c) The person submits an adulterated specimen, a dilute 35
positive specimen or a substituted specimen for an alcohol test or a 36
controlled substances test. 37
3. As soon as practicable after an accident occurs, during a 38
transportation assignment, involving a motor vehicle owned or 39
operated by a railroad contract carrier, the railroad contract 40
carrier shall test each surviving transport vehicle driver for 41
alcohol or controlled substances, in a manner consistent with the 42
provisions of 49 C.F.R. Parts 40 and 382, if: 43
(a) The accident involved the loss of human life. 44
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(b) The transport vehicle driver received a moving violation 1
citation or civil infraction citation arising from or relating to the 2
accident and the accident additionally resulted in: 3
(1) Bodily injury to a person who received medical attention 4
for that injury at the scene of the accident or immediately after 5
leaving the scene of the accident; or 6
(2) One or more vehicles involved in the accident being 7
rendered disabled or immovable due to damages sustained in the 8
accident. 9
4. If the railroad contract carrier is unable to conduct the 10
testing required pursuant to subsection 3 immediately following 11
the accident, the railroad contract carrier shall conduct the 12
testing: 13
(a) For alcohol, within 8 hours after the accident. 14
(b) For controlled substances, within 32 hours after the 15
accident. 16
5. A railroad contract carrier shall transmit to the Authority 17
the results of any testing required to be conducted pursuant to 18
subsection 3. 19
6. A railroad contract carrier shall maintain any record 20
relating to the testing of a person for alcohol and controlled 21
substances pursuant to this section for a period of not less than 5 22
years after the record is compiled or generated. All records that 23
are required to be maintained by this section must be maintained 24
in a safe and secure location. 25
Sec. 18. 1. A railroad contract carrier shall inspect each 26
transport vehicle, and the components thereof at least once every 27
12 months in a manner that conforms with the requirements of 49 28
C.F.R. § 396.17 and Appendix A to that part. Each inspection 29
conducted pursuant to this subsection must be completed by a 30
person who is qualified under the provisions of 49 C.F.R. § 396.19 31
to conduct inspections of vehicles. 32
2. A railroad contract carrier shall require each transport 33
vehicle driver to complete a written inspection report on each day 34
that the transport vehicle driver is on duty, in a manner consistent 35
with the provisions of 49 C.F.R. § 396.11, before the transport 36
vehicle driver is released from duty for the day. 37
3. A railroad contract carrier shall adopt a policy to ensure 38
the safety and maintenance of transport vehicles and the parts, 39
accessories and other equipment thereof. The policy must: 40
(a) Require that all parts and accessories stored in, installed 41
on or equipped with each transport vehicle be inspected for safety 42
and proper operation at least once a week; 43
(b) Ensure that each transport vehicle owned or operated by 44
the railroad contract carrier is equipped with: 45
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(1) Tires with sufficient tread in accordance with 49 C.F.R. 1
§ 393.75. 2
(2) A spare tire that is fully inflated. 3
(3) A secured location for baggage and personal items, 4
including proper restraints. 5
(4) Fully operational seatbelts for all passenger seats. 6
(5) If the transport vehicle is expected to be driven through 7
inclement weather conditions requiring specialized equipment, 8
tractions devices, studs or chains necessary to drive safely in such 9
conditions. 10
(6) A heater in working condition and an air conditioner in 11
working condition, including properly working fans. 12
(7) A kit for emergencies that contains, without limitation: 13
(I) An aerosol can or similar device that is capable of 14
inflating a tire; 15
(II) Flares or reflective triangles; 16
(III) Jumper cables; and 17
(IV) A readily accessible first aid kit that contains, at a 18
minimum, the contents and articles described in the most recent 19
American National Standard (ANSI) Z308.1-1998, entitled 20
“Minimum Requirements for Workplace First-aid Kits” or, any 21
successor standard described in 29 C.F.R. § 1910.151 and 22
Appendix A to that section. 23
(8) An operable amber light or strobe light that is placed on 24
the roof of the rear one-third portion of the vehicle and that is 25
capable of providing adequate light to other motorists if the 26
vehicle is stalled, slowed or stopped in or otherwise obstructing the 27
roadway. 28
(9) A windshield, windshield wipers, tail lamps and a 29
headlamp that comply with the requirements of NRS 705.380. 30
(c) Require that each transport vehicle be maintained in a 31
condition and operated in a manner that is not likely to be 32
hazardous or cause a mechanical breakdown pursuant to 33
NRS 706.246. 34
(d) Provide that the railroad contract carrier will adequately 35
maintain records for each transport vehicle, including, without 36
limitation: 37
(1) Records containing the vehicle identification number, 38
make, model, year of manufacture and manufacturer of each 39
transport vehicle; 40
(2) Records containing the information about the owner of 41
each transport vehicle, if the railroad contract carrier is not the 42
owner of the transport vehicle; and 43
(3) Detailed records evidencing all maintenance, servicing 44
or repair performed on each transport vehicle, which must include 45
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a description of the specific maintenance, service or repair tasks 1
performed on the transport vehicle and the date on which the 2
maintenance, service or repair task was performed. 3
4. A railroad contract carrier shall ensure that each of its 4
transport vehicle drivers, officers, agents and employees whose 5
duties or responsibilities are related to inspecting and maintaining 6
transport vehicles comply with and are knowledgeable of the 7
policy adopted by the railroad contract carrier pursuant to 8
subsection 3. 9
5. A railroad contract carrier shall be deemed to have 10
committed a violation of this section if the railroad contract 11
carrier operates a transport vehicle on any public road or highway 12
in this State that does not comply with the requirements 13
established pursuant to paragraph (b) of subsection 3. 14
6. A railroad contract carrier shall maintain all records 15
required to be maintained pursuant to paragraph (d) of subsection 16
3 at the principal place of business of the railroad contract carrier 17
for not less than 1 year after each record is compiled or generated, 18
unless the record pertains to a transport vehicle that is no longer 19
in the control of the railroad contract carrier, in which case, the 20
record must be maintained for not less than 6 months after the 21
record is compiled or generated. 22
Sec. 19. A railroad contract carrier shall ensure that, while 23
the railroad contract carrier operates any transport vehicle within 24
this State, the railroad contract carrier and driver of each such 25
transport vehicle is covered by a policy of insurance issued by an 26
insurance company licensed by the Division of Insurance of the 27
Department of Business and Industry and approved to do business 28
in this State that includes: 29
1. Coverage for the payment of tort liabilities arising from the 30
maintenance or use of the transport vehicle in the amount of: 31
(a) Not less than $2,000,000 for bodily injury to or death of 32
one person in any one crash; 33
(b) Not less than $5,000,000 for bodily injury to or death of 34
two or more persons in any one crash, subject to the limit for one 35
person; and 36
(c) Not less than $1,000,000 for injury to or destruction of 37
property of others in any one crash; and 38
2. Uninsured and underinsured motorist coverage in an 39
amount not less than the limits of coverage for bodily injury 40
maintained by the railroad contract carrier pursuant to 41
subsection 1. 42
Sec. 20. 1. The Authority shall require a railroad contract 43
carrier to provide a bond executed by the railroad contract carrier 44
as principal, and by a corporation qualified pursuant to the laws 45
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of this State as a surety, payable to the State of Nevada, and 1
conditioned upon the faithful performance of all the requirements 2
of sections 8 to 20, inclusive, of this act. The total amount of the 3
bond must be not less than $5,000,000. 4
2. The Department of Motor Vehicles, the Department of 5
Public Safety, the Authority and any member, officer, employee or 6
other designee of the Authority may, pursuant to subsection 1 of 7
NRS 706.171 and NRS 706.172, inspect any document or record 8
required to be maintained pursuant to sections 8 to 20, inclusive, 9
of this act, and such records shall be deemed to contain 10
information relating to a matter of public safety. 11
3. The provisions of sections 8 to 20, inclusive, of this act: 12
(a) Shall be construed to be minimum standards; and 13
(b) Shall not be construed to supersede or abrogate any law, 14
rule or regulation that imposes stricter standards or regulations 15
upon a railroad contract carrier. 16
Sec. 21. NRS 706.011 is hereby amended to read as follows: 17
706.011 As used in NRS 706.011 to 706.791, inclusive, and 18
sections 8 to 20, inclusive, of this act, unless the context otherwise 19
requires, the words and terms defined in NRS 706.013 to 706.146, 20
inclusive, have the meanings ascribed to them in those sections. 21
Sec. 22. NRS 706.156 is hereby amended to read as follows: 22
706.156 1. All common and contract motor carriers and 23
brokers are hereby declared to be, to the extent provided in this 24
chapter: 25
(a) Affected with a public interest; and 26
(b) Subject to NRS 706.011 to 706.791, inclusive [.] , and 27
sections 8 to 20, inclusive, of this act. 28
2. A purchaser or broker of transportation services which are 29
provided by a common motor carrier who holds a certificate of 30
public convenience and necessity may resell those services, in 31
combination with other services and facilities that are not related to 32
transportation, but only in a manner complying with the scope of 33
authority set forth in the certificate of the common motor carrier. 34
The Authority shall not prohibit or restrict such a purchaser or 35
broker from reselling those transportation services to any person 36
based upon that person’s affiliation, or lack of affiliation, with any 37
group. 38
Sec. 23. NRS 706.163 is hereby amended to read as follows: 39
706.163 The provisions of NRS 706.011 to 706.861, inclusive, 40
and sections 8 to 20, inclusive, of this act do not apply to vehicles 41
leased to or owned by: 42
1. The Federal Government or any instrumentality thereof. 43
2. Any state or a political subdivision thereof. 44
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Sec. 24. NRS 706.281 is hereby amended to read as follows: 1
706.281 1. In addition to any identifying device provided for 2
in this chapter, each motor vehicle within the provisions of NRS 3
706.011 to 706.791, inclusive, and sections 8 to 20, inclusive, of 4
this act must have the name of the operator operating the vehicle 5
displayed on the vehicle in such location, size and style as may be 6
specified by the Authority. The display shall not be deemed 7
advertising for the purposes of NRS 706.285 unless additional 8
information about the operator is included. 9
2. This section does not apply to motor vehicles: 10
(a) Weighing 10,000 pounds or less operated by private carriers 11
and not operated in combination with any other vehicle. 12
(b) Operated by an employer for the transportation of the 13
employees of that employer, whether or not the employees pay for 14
the transportation. 15
Sec. 25. NRS 706.291 is hereby amended to read as follows: 16
706.291 1. [The] Except as otherwise provided in section 19 17
of this act, the Authority shall require every fully regulated carrier 18
and every operator of a tow car, within such time and in such 19
amounts as the Authority may designate, to file with the Authority 20
in a form required and approved by the Authority a liability 21
insurance policy, or a certificate of insurance in lieu thereof, or a 22
bond of a surety company, or other surety, in such reasonable sum 23
as the Authority may deem necessary to protect adequately the 24
interests of the public. 25
2. The Department shall require every other common and 26
contract motor carrier and every private carrier, within such time 27
and in such amounts as the Department may designate, to file with 28
the Department in a form required and approved by the Department 29
a liability insurance policy, or a certificate of insurance in lieu 30
thereof, a bond of a surety company, or other surety, in such 31
reasonable sum as the Department may deem necessary to protect 32
adequately the interests of the public. In determining the amount of 33
liability insurance or other surety required of a carrier pursuant to 34
this subsection, the Department shall create a separate category for 35
vehicles with a manufacturer’s gross vehicle weight rating of less 36
than 26,000 pounds and impose a lesser requirement with respect to 37
such vehicles. 38
3. The liability insurance policy or certificate, policy or bond 39
of a surety company or other surety must bind the obligors 40
thereunder to pay the compensation for injuries to persons or for 41
loss or damage to property resulting from the negligent operation of 42
the carrier. 43
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4. The Authority and the Department may jointly prescribe by 1
regulation the respective amounts and forms required by subsections 2
1 and 2. 3
Sec. 26. NRS 706.321 is hereby amended to read as follows: 4
706.321 1. Except as otherwise provided in subsection 2, 5
every common or contract motor carrier shall file with the 6
Authority: 7
(a) Within a time to be fixed by the Authority, schedules and 8
tariffs that must: 9
(1) Be open to public inspection; and 10
(2) Include all rates, fares and charges which the carrier has 11
established and which are in force at the time of filing for any 12
service performed in connection therewith by any carrier controlled 13
and operated by it. 14
(b) As a part of that schedule, all regulations of the carrier that 15
in any manner affect the rates or fares charged or to be charged for 16
any service and all regulations of the carrier that the carrier has 17
adopted to comply with the provisions of NRS 706.011 to 706.791, 18
inclusive [.] , and sections 8 to 20, inclusive, of this act. 19
2. Every operator of a tow car shall file with the Authority: 20
(a) Within a time to be fixed by the Authority, schedules and 21
tariffs that must: 22
(1) Be open to public inspection; and 23
(2) Include all rates and charges for towing services 24
performed without the prior consent of the owner of the vehicle or 25
the person authorized by the owner to operate the vehicle which the 26
operator has established and which are in force at the time of filing. 27
(b) As a part of that schedule, all regulations of the operator of 28
the tow car which in any manner affect the rates charged or to be 29
charged for towing services performed without the prior consent of 30
the owner of the vehicle or the person authorized by the owner to 31
operate the vehicle and all regulations of the operator of the tow car 32
that the operator has adopted to comply with the provisions of NRS 33
706.011 to 706.791, inclusive [.] , and sections 8 to 20, inclusive, of 34
this act. 35
3. No changes may be made in any schedule, including 36
schedules of joint rates, or in the regulations affecting any rates or 37
charges, except upon 30 days’ notice to the Authority, and all those 38
changes must be plainly indicated on any new schedules filed in lieu 39
thereof 30 days before the time they are to take effect. The 40
Authority, upon application of any carrier, may prescribe a shorter 41
time within which changes may be made. The 30 days’ notice is not 42
applicable when the carrier gives written notice to the Authority 10 43
days before the effective date of its participation in a tariff bureau’s 44
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rates and tariffs, provided the rates and tariffs have been previously 1
filed with and approved by the Authority. 2
4. The Authority may at any time, upon its own motion, 3
investigate any of the rates, fares, charges, regulations, practices and 4
services filed pursuant to this section and, after hearing, by order, 5
make such changes as may be just and reasonable. 6
5. The Authority may dispense with the hearing on any change 7
requested in rates, fares, charges, regulations, practices or service 8
filed pursuant to this section. 9
6. All rates, fares, charges, classifications and joint rates, 10
regulations, practices and services fixed by the Authority are in 11
force, and are prima facie lawful, from the date of the order until 12
changed or modified by the Authority. 13
7. All regulations, practices and service prescribed by the 14
Authority must be enforced and are prima facie reasonable unless 15
suspended or found otherwise in an action brought for the purpose, 16
or until changed or modified by the Authority itself upon 17
satisfactory showing made. 18
Sec. 27. NRS 706.431 is hereby amended to read as follows: 19
706.431 1. A permit may be issued to any applicant therefor, 20
authorizing in whole or in part the operation covered by the 21
application, if it appears from the application or from any hearing 22
held thereon that: 23
(a) The applicant is fit, willing and able properly to perform the 24
service of a contract motor carrier and to conform to all provisions 25
of NRS 706.011 to 706.791, inclusive, and sections 8 to 20, 26
inclusive, of this act and the regulations adopted thereunder; and 27
(b) The proposed operation will be consistent with the public 28
interest and will not operate to defeat the legislative policy set forth 29
in NRS 706.151. 30
2. If the Authority proceeds with a hearing on an application 31
for a permit, the Authority shall fix a time and place for the hearing. 32
3. The Authority may dispense with the hearing, if any, on the 33
application if, upon the expiration of the time fixed in the notice 34
thereof, no petition to intervene has been filed on behalf of any 35
person who has filed a protest against the granting of the permit. 36
4. An application must be denied if the provisions of 37
subsection 1 are not met. 38
5. The Authority shall revoke or suspend pursuant to the 39
provisions of this chapter the permit of a contract motor carrier who 40
has failed to file the annual report required in NRS 706.167 within 41
60 days after the report is due. 42
6. The Authority shall adopt regulations providing for a 43
procedure by which any contract entered into by a contract motor 44
carrier after the contract motor carrier has been issued a permit 45
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pursuant to this section may be approved by the Authority without 1
giving notice required by statute or by a regulation of the Authority. 2
Sec. 28. NRS 706.461 is hereby amended to read as follows: 3
706.461 When: 4
1. A complaint has been filed with the Authority alleging that 5
any vehicle is being operated without a certificate of public 6
convenience and necessity or contract carrier’s permit as required by 7
NRS 706.011 to 706.791, inclusive [;] , and sections 8 to 20, 8
inclusive, of this act; or 9
2. The Authority has reason to believe that any: 10
(a) Person is advertising to provide: 11
(1) The services of a fully regulated carrier in intrastate 12
commerce; or 13
(2) Towing services, 14
without including the number of the person’s certificate of public 15
convenience and necessity or permit in each advertisement; or 16
(b) Provision of NRS 706.011 to 706.791, inclusive, and 17
sections 8 to 20, inclusive, of this act is being violated, 18
the Authority shall investigate the operations or advertising and 19
may, after a hearing, order the owner or operator of the vehicle or 20
the person advertising to cease and desist from any operation or 21
advertising in violation of NRS 706.011 to 706.791, inclusive [.] , 22
and sections 8 to 20, inclusive, of this act. The Authority shall 23
enforce compliance with the order pursuant to the powers vested in 24
the Authority by NRS 706.011 to 706.791, inclusive, and sections 8 25
to 20, inclusive, of this act or by other law. 26
Sec. 29. NRS 706.756 is hereby amended to read as follows: 27
706.756 1. Except as otherwise provided in subsection 2, any 28
person who: 29
(a) Operates a vehicle or causes it to be operated in any carriage 30
to which the provisions of NRS 706.011 to 706.861, inclusive, and 31
sections 8 to 20, inclusive, of this act apply without first obtaining a 32
certificate, permit or license, or in violation of the terms thereof; 33
(b) Fails to make any return or report required by the provisions 34
of NRS 706.011 to 706.861, inclusive, and sections 8 to 20, 35
inclusive, of this act or by the Authority or the Department pursuant 36
to the provisions of NRS 706.011 to 706.861, inclusive [;] , and 37
sections 8 to 20, inclusive, of this act; 38
(c) Violates, or procures, aids or abets the violating of, any 39
provision of NRS 706.011 to 706.861, inclusive [;] , and sections 8 40
to 20, inclusive, of this act; 41
(d) Fails to obey any order, decision or regulation of the 42
Authority or the Department; 43
(e) Procures, aids or abets any person in the failure to obey such 44
an order, decision or regulation of the Authority or the Department; 45
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(f) Advertises, solicits, proffers bids or otherwise is held out to 1
perform transportation as a common or contract carrier in violation 2
of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , 3
and sections 8 to 20, inclusive, of this act; 4
(g) Advertises as providing: 5
(1) The services of a fully regulated carrier; or 6
(2) Towing services, 7
without including the number of the person’s certificate of public 8
convenience and necessity or contract carrier’s permit in each 9
advertisement; 10
(h) Knowingly offers, gives, solicits or accepts any rebate, 11
concession or discrimination in violation of the provisions of this 12
chapter; 13
(i) Knowingly, willfully and fraudulently seeks to evade or 14
defeat the purposes of this chapter; 15
(j) Operates or causes to be operated a vehicle which does not 16
have the proper identifying device; 17
(k) Displays or causes or permits to be displayed a certificate, 18
permit, license or identifying device, knowing it to be fictitious or to 19
have been cancelled, revoked, suspended or altered; 20
(l) Lends or knowingly permits the use of by one not entitled 21
thereto any certificate, permit, license or identifying device issued to 22
the person so lending or permitting the use thereof; or 23
(m) Refuses or fails to surrender to the Authority or Department 24
any certificate, permit, license or identifying device which has been 25
suspended, cancelled or revoked pursuant to the provisions of this 26
chapter, 27
is guilty of a misdemeanor, and upon conviction thereof shall be 28
punished by a fine of not less than $100 nor more than $1,000, or by 29
imprisonment in the county jail for not more than 6 months, or by 30
both fine and imprisonment. 31
2. Any person who, in violation of the provisions of NRS 32
706.386, operates as a fully regulated common motor carrier without 33
first obtaining a certificate of public convenience and necessity or 34
any person who, in violation of the provisions of NRS 706.421, 35
operates as a contract motor carrier without first obtaining a permit 36
is guilty of a misdemeanor and shall be punished: 37
(a) For a first offense within a period of 12 consecutive months, 38
by a fine of not less than $500 nor more than $1,000. In addition to 39
the fine, the person may be punished by imprisonment in the county 40
jail for not more than 6 months. 41
(b) For a second offense within a period of 12 consecutive 42
months and for each subsequent offense that is committed within a 43
period of 12 consecutive months of any prior offense under this 44
subsection, by a fine of $1,000. In addition to the fine, the person 45
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may be punished by imprisonment in the county jail for not more 1
than 6 months. 2
3. Any person who, in violation of the provisions of NRS 3
706.386, operates or permits the operation of a vehicle in passenger 4
service without first obtaining a certificate of public convenience 5
and necessity is guilty of a gross misdemeanor. 6
4. If a law enforcement officer witnesses a violation of any 7
provision of subsection 2 or 3, the law enforcement officer may 8
cause the vehicle to be towed immediately from the scene and 9
impounded in accordance with NRS 706.476. 10
5. The fines provided in this section are mandatory and must 11
not be reduced under any circumstances by the court. 12
6. Any bail allowed must not be less than the appropriate fine 13
provided for by this section. 14
Sec. 30. NRS 706.781 is hereby amended to read as follows: 15
706.781 In addition to all the other remedies provided by NRS 16
706.011 to 706.861, inclusive, and sections 8 to 20, inclusive, of 17
this act for the prevention and punishment of any violation of the 18
provisions thereof and of all orders of the Authority or the 19
Department, the Authority or the Department may compel 20
compliance with the provisions of NRS 706.011 to 706.861, 21
inclusive, and sections 8 to 20, inclusive, of this act and with the 22
orders of the Authority or the Department by proceedings in 23
mandamus, injunction or by other civil remedies. 24
Sec. 31. The provisions of NRS 218D.380 do not apply to any 25
provision of this act which adds or revises a requirement to submit a 26
report to the Legislature. 27
Sec. 32. 1. This section becomes effective upon passage and 28
approval. 29
2. Sections 1 to 31, inclusive, of this act become effective: 30
(a) Upon passage and approval for the purpose of adopting any 31
regulations and performing any other preparatory administrative 32
tasks that are necessary to carry out the provisions of this act; and 33
(b) On January 1, 2026, for all other purposes. 34
H