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NV SB401

NV SB401
Revises provisions relating to the Nevada Transportation Authority and the Taxicab Authority. (BDR 58-86)


summary

Introduced
03/20/2017
In Committee
04/17/2017
Crossed Over
Passed
Dead
06/06/2017

Introduced Session

79th Legislature (2017)

Bill Summary

Legislative Counsel's Digest: Existing law generally provides for the imposition of various penalties for violations of law relating to motor carriers after a person is provided a hearing before the Nevada Transportation Authority (NTA), the Taxicab Authority (TA) or the Taxicab Administrator, as applicable. (NRS 706.011-706.791, 706.881 706.885 ) Sections 2 and 5 of this bill provide that any person employed by the NTA or the TA, respectively, who is authorized to issue citations may issue a citation to any person suspected of violating a provision of law or a regulation subject to the jurisdiction of the NTA or the TA, as applicable. Such a citation shall be deemed to be a lawful complaint upon the filing of the original citation with a court of competent jurisdiction. After such a citation is filed with a court of competent jurisdiction, the citation may only be disposed of by a hearing in that court or other official action by a judge of that court. Sections 2 and 5 set forth the information that such a citation is required to include and require a person who issues such a citation to sign the citation on behalf of the NTA or the TA, respectively. Sections 2 and 5 also require the NTA and the TA, respectively, to adopt any regulations necessary to carry out the provisions of those sections. Sections 9-19, 22, 23 and 26-33 of this bill make conforming changes to reflect the procedure established in sections 2 and 5. Sections 3 and 6 of this bill provide that any person employed by the NTA or the TA, respectively, who is authorized to stop a vehicle for a suspected violation of a provision of law or a regulation subject to the jurisdiction of the NTA or the TA, as applicable, is prohibited from stopping any such vehicle unless the person has probable cause to believe that a violation has occurred. Existing law requires the NTA to impound a vehicle used as a taxicab, limousine or other passenger vehicle in passenger service or to provide towing services or the transportation of household goods if a certificate of public convenience and necessity is required to be issued to authorize the operation of any such vehicle but has not been issued to authorize its operation. (NRS 706.476) Similarly, existing law requires the TA to impound a vehicle used as a taxicab, limousine or other passenger vehicle in passenger service if a certificate of public convenience and necessity has not been issued authorizing the operation of such a vehicle. (NRS 706.88395) Section 35 of this bill repeals such provisions and sections 4 and 7 of this bill, respectively, prohibit the NTA and the TA from impounding any such vehicle. Existing law provides that if the NTA imposes an administrative fine against a person, the NTA is required to provide notice to the person which indicates that if the person fails to pay the amount owed, the NTA is required to notify the Department of Motor Vehicles of such failure to pay and the Department may suspend the driver s license of the person. (NRS 706.772) Existing law also establishes the procedure for the suspension of the driver s license of a person by the Department after receiving such notice from the NTA. (NRS 483.441) Section 35 of this bill repeals such provisions.

AI Summary

This bill: Allows the Nevada Transportation Authority (NTA) and the Taxicab Authority (TA) to issue citations for violations of relevant laws and regulations, which will be treated as formal complaints filed with a court of competent jurisdiction. After a citation is filed, it can only be disposed of through a hearing in that court. The bill also prohibits NTA and TA employees from stopping vehicles unless they have probable cause to believe a violation has occurred, and prohibits NTA and TA from impounding vehicles used as taxicabs, limousines, or other passenger vehicles in passenger service. Additionally, the bill repeals provisions allowing the Department of Motor Vehicles to suspend a person's driver's license for failure to pay administrative fines imposed by NTA, as well as provisions requiring the impoundment of certain vehicles by NTA and TA.

Sponsors (9)

Last Action

(No further action taken.) (on 06/06/2017)

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