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NEVADA REVISED STATUTES
TITLE 58 ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
CHAPTER 706 MOTOR CARRIERS
REGULATIONS FOR OPERATION OF TAXICABS IN CERTAIN COUNTIES
REGULATION OF DRIVERS

COPR. © 2005 The text of the Nevada Revised Statutes appearing in this

database was produced from data provided by The Nevada Legislative Council

Bureau and is subject to a claim of copyright by the State of Nevada.

Current through the 2005 Regular Session and 22nd Special Session
of the 73rd Legislature

NRS 706.8849 Prohibited and required acts of drivers; imposition of sanctions; hearings.

1. A taxicab driver shall:

(a) Ensure that the fare indicator on the taximeter of his taxicab reads zero before the time that the taxicab is engaged.

(b) Ensure that the taximeter of his taxicab is engaged while the taxicab is on hire.

(c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.

(d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.

(e) Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder.

(f) Not permit any person or persons other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab requests that the other person or persons ride in the taxicab. If more than one person is loaded by the taxicab driver as set forth in this paragraph, the driver shall, when one of the persons leaves the taxicab, charge that person the fare on the meter and reset the taximeter.

(g) Not drive a taxicab or go on duty while under the influence of, or impaired by, any controlled substance, dangerous drug, or intoxicating liquor or drink intoxicating liquor while on duty.

(h) Not use or consume controlled substances or dangerous drugs which impair a person's ability to operate a motor vehicle at any time, or use or consume any other controlled substances or dangerous drugs at any time except in accordance with a lawfully issued prescription.

(i) Not operate a taxicab without a valid driver's permit issued pursuant to NRS 706.8841 and a valid driver's license issued pursuant to NRS 483.325 in his possession.

(j) Obey all provisions and restrictions of his employer's certificate of public convenience and necessity.

2. If a driver violates any provision of subsection 1, the Administrator may, after a hearing, impose the following sanctions:

(a) For a first offense, 1 to 5 days' suspension of a driver's permit or a fine of not more than $100, or both suspension and fine.

(b) For a second offense, 6 to 20 days' suspension of a driver's permit or a fine of not more than $300, or both suspension and fine.

(c) For a third offense, a fine of not more than $500.

_ In addition to the other penalties set forth in this subsection, the Administrator may revoke a driver's permit for any violation of a provision of paragraph (g) of subsection 1.

3. Only violations occurring in the 12 months immediately preceding the most current violation may be considered for the purposes of subsection 2. The Administrator shall inspect the driver's record for that period to compute the number of offenses committed.

(Added to NRS by 1969, 1247; A 1975, 1326; 1977, 751; 1981, 2056; 1991, 1966; 1995, 1724)

NEVADA CASES.

Regulations regarding loading additional passengers properly enjoined where statutory scheme was intended to occupy the regulatory field exclusively. Where regulations adopted by county commissioners regulating taxicab service at an airport owned and operated by the county in its proprietary capacity conflicted with provisions of a general statute regulating the operations of taxicabs by prohibiting additional loading conditionally authorized by NRS 706.8849, enforcement of the regulations was properly enjoined because provisions of NRS 706.881 et seq., set forth a general and comprehensive taxicab regulatory scheme which clearly reflected the legislative intent to exclusively occupy the field with respect to taxicab regulations. Lamb v. Mirin, 90 Nev. 329, 526 P.2d 80 (1974), cited, Kuban v. McGimsey, 96 Nev. 105, at 111, 605 P.2d 623 (1980), City of Reno v. Reno Police Protective Ass'n, 98 Nev. 472, at 475, 653 P.2d 156 (1982), Flick Theater, Inc. v. City of Las Vegas, 104 Nev. 87, at 89, 752 P.2d 235 (1988), AGO 91-15 (12-31-1991), Crowley v. Duffrin, 109 Nev. 597, at 605, 855 P.2d 536 (1993), Douglas County Contractors Ass'n v. Douglas County, 112 Nev. 1452, at 1463, 929 P.2d 253 (1996), AGO 96-19 (7-3-1996), AGO 97-19 (6-2-1997), State v. Second Judicial Dist. Court, 117 Nev. 754, at 773, 32 P.3d 1263 (2001) (dissenting opinion), distinguished, Falcke v. County of Douglas, 116 Nev. 583, at 589, 3 P.3d 661 (2000)