Nevada Administrative Code
Chapter 706 - Motor Carriers
REGULATION AND LICENSING OF MOTOR CARRIERS
General Provisions for Operating and Leasing Taxicabs
Section 706.3753 - Leasing of taxicab to independent contractor: Requirements for lease agreement; enforcement
Universal Citation: NV Admin Code 706.3753
Current through September 16, 2024
1. Each lease agreement entered into by a certificate holder and an independent contractor pursuant to NRS 706.473 must:
(a) Be maintained by the certificate
holder.
(b) Be in writing and in a
form approved by the Authority.
(c)
Identify the use to be made of the taxicab by the independent contractor and
the consideration to be received by the certificate holder. The use to be made
of the taxicab must conform to the authority granted by the certificate to
operate the taxicab.
(d) Be signed
by each party, or his or her representative, to the agreement.
(e) Specifically state that the independent
contractor is subject to all laws and regulations relating to the operation of
a taxicab which have been established by the Authority and other regulatory
agencies and that a violation of those laws and regulations will breach the
agreement.
(f) Specifically state
that the certificate holder is responsible for maintaining:
(1) All required insurance associated with
the taxicab and the service which is the subject of the agreement in accordance
with NAC 706.191;
(2) A file which
contains the qualifications of the independent contractor to drive the taxicab;
and
(3) A file for records
concerning the maintenance of the taxicab.
(g) Specifically state that the lease
agreement does not relieve the certificate holder from any of his or her duties
or responsibilities set forth in this chapter and chapter 706 of NRS.
(h) Specifically state that the taxicab
provided pursuant to the lease agreement:
(1)
Will be painted with the name, insigne and certificate number of the
certificate holder; and
(2) Is in a
good mechanical condition that will meet the requirements for operating
taxicabs set forth by this State or the county or municipality in which the
taxicab will be operated.
(i) Specifically state that the independent
contractor shall not transfer, assign, sublease or otherwise enter into an
agreement to lease the taxicab to another person.
(j) Specifically state that the independent
contractor:
(1) Shall not operate the taxicab
for more than 12 hours in any 24-hour period; and
(2) Shall return the taxicab to the
certificate holder at the end of each shift to enable the certificate holder to
comply with the provisions of NAC 706.380.
(k) Contain any other provision which the
Authority may determine to be necessary for the protection of the health and
safety of members of the public.
2. If the Authority has reason to believe that a lease provision required by this section is being violated, the Authority may, after a hearing:
(a) Impose an
administrative fine pursuant to
NRS
706.771;
(b) Order the certificate holder or the
independent contractor to cease and desist from action taken in violation of
this section; or
(c) Revoke or
suspend the authority of the certificate holder to operate a taxicab to enter
into a lease agreement pursuant to NRS
NRS
706.473.
Added to NAC by Pub. Service Comm'n, eff. 5-5-94; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; A by Nev. Transportation Auth. by R111-10, 12-16-2010
NRS 706.171, 706.475
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