AB524 - Revises provisions governing motor carriers. (BDR 43-784)

A.B. 524 - *AB524* ASSEMBLY BILL NO. 524–COMMITTEE ON GROWTH AND INFRASTRUCTURE MARCH 24, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions governing motor carriers. (BDR 43-784) FISCAL NOTE: Effect on Local Government: No. 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 motor carriers; exempting certain common motor carriers from provisions governing short-term lessors of motor vehicles; requiring the Nevada Transportation Authority to adopt regulations authorizing certain common motor carriers to deviate from certain requirements and regulations under circumstances prescribed by the Authority; exempting certain applicants for a driver’s permit from the Authority from fingerprinting requirements; repealing a provision relating to licensing by the Department of Motor Vehicles; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides for the supervision and regulation of common carriers 1 and contract carriers of passengers by the Nevada Transportation Authority. (NRS 2 706.072, 706.166) Existing regulations of the Authority establish requirements for 3 common motor carriers who provide special services, which are defined as the 4 transportation of persons who have acquired the use of a vehicle for a special event, 5 or for a specific purpose approved by the Authority, between definite points of 6 origin and destination, at a per capita rate. (NAC 706.119, 706.239) Section 3 of 7 this bill requires the Authority to adopt regulations to establish circumstances under 8 which a common motor carrier that provides special services may deviate, without 9 obtaining approval from the Authority for the deviation, from the otherwise 10 applicable terms of the permit issued to the common carrier or the generally 11 applicable regulations of the Authority governing common carriers. Section 3 12 defines the term “special services” in the same manner as the existing regulations of 13 the Authority governing such services. 14 Existing law provides requirements governing persons who engage in business 15 as a short-term lessor of motor vehicles, including a requirement to obtain a license 16 – 2 – - *AB524* from the Department of Motor Vehicles. (NRS 482.300, 482.363) Section 1 of this 17 bill provides that the term “lease” for the purpose of such provisions does not 18 include the providing of special services by a common motor carrier. Section 2 of 19 this bill provides that a common motor carrier who is authorized to provide special 20 services is not engaged in the activities of a short-term lessor for the purpose of the 21 provisions requiring short-term lessors to be licensed. 22 Existing law: (1) prohibits a person from driving a motor vehicle for a fully 23 regulated carrier of passengers as an employee, independent contractor or lessee 24 unless the person has been issued a driver’s permit by the Authority; and (2) 25 requires an applicant for a driver’s permit to submit a complete set of fingerprints 26 to the Authority for the purpose of investigating the applicant’s background. (NRS 27 706.462) Section 4 of this bill exempts an applicant for a driver’s permit who is a 28 person registered with the Federal Motor Carrier Safety Administration and who 29 has an active USDOT number issued by the United States Department of 30 Transportation from the requirement to submit a complete set of fingerprints. 31 Section 5 of this bill repeals a provision which requires the Department of 32 Motor Vehicles to license every common, contract and private motor carrier who is 33 required to be licensed by the provisions governing motor carriers. 34 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 482.053 is hereby amended to read as follows: 1 482.053 For the purposes of regulation under this chapter and 2 of imposing tort liability under NRS 41.440, and for no other 3 purpose: 4 1. “Lease” means a contract by which the lienholder or owner 5 of a vehicle transfers to another person, for compensation, the right 6 to use such vehicle but does not include [the] : 7 (a) The sharing of a vehicle through a peer-to-peer car sharing 8 program pursuant to chapter 482C of NRS. 9 (b) The providing of special services, as defined in section 3 of 10 this act, by a common motor carrier who is authorized to provide 11 those services by the Nevada Transportation Authority. 12 2. “Long-term lessee” means a person who has leased a vehicle 13 from another person for a fixed period of more than 31 days. 14 3. “Long-term lessor” means a person who has leased a vehicle 15 to another person for a fixed period of more than 31 days. 16 4. “Short-term lessee” means a person who has leased a vehicle 17 from another person for a period of 31 days or less, or by the day, or 18 by the trip. 19 5. “Short-term lessor” means a person who has leased a vehicle 20 to another person for a period of 31 days or less, or by the day, or by 21 the trip. 22 – 3 – - *AB524* Sec. 2. NRS 482.300 is hereby amended to read as follows: 1 482.300 1. It is unlawful for any person to engage in the 2 activities of a short-term lessor unless such person has been licensed 3 pursuant to NRS 482.363. 4 2. [A] The following persons shall not be deemed to be 5 engaged in the activities of a short-term lessor: 6 (a) A peer-to-peer car sharing program licensed pursuant to 7 NRS 482C.295 . [and a] 8 (b) A shared vehicle owner, as defined in NRS 482C.200 . [, 9 shall not be deemed to be engaged in the activities of a short-term 10 lessor.] 11 (c) A common motor carrier who is authorized by the Nevada 12 Transportation Authority to provide special services, as defined in 13 section 3 of this act. 14 Sec. 3. Chapter 706 of NRS is hereby amended by adding 15 thereto a new section to read as follows: 16 1. The Authority shall adopt regulations establishing 17 circumstances under which a common motor carrier that provides 18 special services may deviate, without the approval of the Authority, 19 from the otherwise applicable terms of the permit issued to the 20 carrier to provide such services or the generally applicable 21 regulations of the Authority governing common motor carriers 22 which would otherwise be applicable to such services. In adopting 23 such regulations, the Authority shall authorize unapproved 24 deviations which the Authority determines are unlikely, even with 25 reduced oversight from the Authority, to undermine the safety and 26 welfare of the traveling public. 27 2. As used in this section, “special services” means the 28 transportation of persons who have acquired the use of a vehicle 29 for a special event, or for a specific purpose as approved by the 30 Authority, between definite points of origin and destination, at a 31 per capita rate. The term does not include charter services by bus, 32 charter services by limousine, scenic tours or airport transfer 33 services. 34 Sec. 4. NRS 706.462 is hereby amended to read as follows: 35 706.462 1. A person shall not drive a charter bus for the 36 purposes of charter bus transportation, a motor vehicle for a fully 37 regulated carrier of passengers or a taxicab motor carrier as an 38 employee, independent contractor or lessee unless the person has 39 been issued a driver’s permit by the Authority pursuant to this 40 section. 41 2. The Authority shall issue a driver’s permit to each applicant 42 who satisfies the requirements of this section. Before issuing a 43 driver’s permit, the Authority shall: 44 – 4 – - *AB524* (a) [Require] Except as otherwise provided in subsection 4, 1 require the applicant to submit a complete set of his or her 2 fingerprints, which the Authority shall forward to the Central 3 Repository for Nevada Records of Criminal History for submission 4 to the Federal Bureau of Investigation to ascertain whether the 5 applicant has a criminal record and the nature of any such record, 6 and may further investigate the applicant’s background; and 7 (b) Require proof that the applicant is employed or under a 8 contract or lease agreement or has an offer of employment, a 9 contract or a lease agreement that is contingent on the applicant 10 obtaining a driver’s permit pursuant to this section and: 11 (1) Has a valid license issued pursuant to NRS 483.340 12 which authorizes the applicant to drive in this State any motor 13 vehicle that is within the scope of the employment, contract or lease; 14 or 15 (2) If the driver is a resident of a state other than Nevada, has 16 a valid license issued by the state in which he or she resides which 17 authorizes the applicant to drive any motor vehicle that is within the 18 scope of the employment, contract or lease. 19 3. The Authority may refuse to issue a driver’s permit if: 20 (a) The applicant has been convicted of: 21 (1) A felony, other than a sexual offense, in this State or any 22 other jurisdiction within the 5 years immediately preceding the date 23 of the application; 24 (2) A felony involving any sexual offense in this State or any 25 other jurisdiction at any time before the date of the application; or 26 (3) A violation of NRS 484C.110 or 484C.430 or a law of 27 any other jurisdiction that prohibits the same or similar conduct 28 within the 3 years immediately preceding the date of the application. 29 (b) After further investigation into the applicant’s background, if 30 any, the Authority determines that the issuance of the driver’s 31 permit would be detrimental to public health, welfare or safety. 32 4. An applicant for a driver’s permit is not required to submit 33 fingerprints pursuant to paragraph (a) of subsection 2 if the 34 applicant is a person who is registered with the Federal Motor 35 Carrier Safety Administration and the applicant submits with his 36 or her application an active USDOT number issued by the United 37 States Department of Transportation to the applicant. 38 5. A driver’s permit issued pursuant to this section is valid for 39 not longer than 3 years, but lapses if the driver ceases to be 40 employed by the carrier identified in the application for the original 41 or renewal permit or if the contract or lease expires and the driver 42 enters into a contract or lease with a different carrier. A driver must 43 notify the Authority within 10 days after the lapse of a permit and 44 – 5 – - *AB524* obtain a new permit pursuant to this section before driving for a 1 different carrier. 2 [5.] 6. An applicant shall pay to the Authority: 3 (a) A fee for the processing of fingerprints which is to be 4 established by the Authority and which may not exceed the fee 5 charged by the Central Repository for Nevada Records of Criminal 6 History and the Federal Bureau of Investigation for processing the 7 fingerprints. 8 (b) For an original driver’s permit, a fee not to exceed $50. 9 (c) For the renewal of a driver’s permit, a fee not to exceed $50. 10 [6.] 7. As used in this section, “charter bus transportation” 11 means transportation by bus of a group of persons who, pursuant to 12 a common purpose and under a single contract, at a fixed charge for 13 the motor vehicle, have acquired the exclusive use of the motor 14 vehicle to travel together under an itinerary either specified in 15 advance or modified after having left the place of origin. The term 16 does not include: 17 (a) The transportation of passengers and their baggage in the 18 same vehicle for a per capita charge between airports or between an 19 airport and points and places in this State; 20 (b) The transportation at a per capita or an hourly rate of 21 passengers to various points of interest for the purpose of 22 sightseeing or visiting those points of interest where a narrated tour 23 is presented to the passengers; 24 (c) The transportation of persons who have acquired the use of a 25 vehicle for a special event between definite points of origin and 26 destination, at a per capita rate; or 27 (d) In a county whose population is less than 100,000, the 28 transportation of a group of persons to and from a single job site or 29 work site, including, without limitation, a construction site, mine or 30 facility or project for the production of renewable energy. As used 31 in this paragraph: 32 (1) “Construction site” means any location at which 33 construction work is being commenced or in progress. 34 (2) “Mine” means an excavation in the earth from which 35 ores, coal or other mineral substances are extracted, or a 36 subterranean natural deposit of minerals located and identified as 37 such by the staking of a claim or other method recognized by law. 38 The term includes, without limitation, a well drilled to extract 39 minerals. 40 (3) “Renewable energy” means a source of energy that 41 occurs naturally or is regenerated naturally, including, without 42 limitation: 43 (I) Biomass; 44 (II) Fuel cells; 45 – 6 – - *AB524* (III) Geothermal energy; 1 (IV) Solar energy; 2 (V) Waterpower; and 3 (VI) Wind. 4  The term does not include coal, natural gas, oil, propane or any 5 other fossil fuel, or nuclear energy. 6 Sec. 5. NRS 706.186 is hereby repealed. 7 Sec. 6. This act becomes effective on July 1, 2025. 8 TEXT OF REPEALED SECTION 706.186 Licensing of motor carriers by Department. The Department shall license every common, contract and private motor carrier required to be licensed by this chapter. H