AB 234 — Revises provisions governing motor carriers. (BDR 58-651)

(ReprintedAssembly withBill amendmentsNo. adopted on May 25, 2017) THIRD REPRINT A.B.

234234–Assemblymen AFumo, SSEMBLYWatkins, BILLFrierson, NCarrillo, O.Yeager;

234–AAraujo, SSEMBLYMENBrooks, FCohen, UMODaly, ,Flores, WHambrick, ATKINSJauregui, ,Joiner, FRIERSONMcCurdy ,II, CARRILLOMiller, ,Monroe- YEAGERMoreno, ;Ohrenschall, Pickard, Spiegel, Sprinkle and Thompson Joint Sponsors:

ARAUJOSenators ,Ford ROOKSand ,Woodhouse OHENCHAPTER.......... , DALY , FLORES , HAMBRICK , AUREGUI , OINER , MCC URDY II, MILLER, M ONROE -M ORENO , OHRENSCHALL , ICKARD , SPIEGEL, SPRINKLE AND THOMPSON F EBRUARY 24, 2017 ____________ JOINT SPONSORS :

SENATORS FORD AND W OODHOUSE ____________ Referred to Committee on Transportation SUMMARY—Revises provisions governing motor carriers.

(BDR 58-651) 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.

CONTAINS UNFUNDED MANDATE (§1) (NOTREQUESTED BAFFECTELOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegUnder Counsel’sexisting Digest:law, common motor carriers of passengers and contract motor carriers of passengers are subject to supervision and regulation by the Nevada Transportation Authority, with some exceptions.

Under(NRS existing706.166) law,Section 1 of this bill requires a common motor carrierscarrier of passengerspassengers, and contract motor carrierscarrier of passengers areand subjectany toother supervisionperson or entity, other than a taxicab motor carrier, providing a means of public conveyance and regulationtransportation byoperating thedisabilities, Nevadacommonly Transportationreferred Authority,to withas some“paratransit exceptions.services,” to ensure that:

(NRS 706.166) Section 1 of this bill requires a common motor carrier of passengers, contract motor carrier, providing a means of public conveyance and transportation operating in this State and which transports for compensation certain persons with disabilities, commonly referred to as “paratransit services,” to ensure that:

and (2) each driver of a - *AB234_R3* – 2 – vehicle used for the transport receives training in first aid and cardiopulmonary resuscitation.

(1) provide the training in first aid and cardiopulmonary resuscitation or arrange for its provision spent receiving the driver;training.

(2)Section pay1 provides an exemption from these for the training;time requirements for a taxicab motor carrier or a transportation network company which provides paratransit services under a contract with any entity required to provide such services.

and (3) compensate each driver for the time spent receiving the training.

Section 1 provides an exemption from these requirements for a taxicab motor carrier or a transportation network company which provides paratransit services under a contract with any entity required to provide such services.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Except as otherwise provided in subsection 3, a common motor carrier of passengers, contract motor carrier of passengers or other person or entity providing a means of public conveyance - 79th Session (2017) – 2 – and transportation operating within this State which, pursuant to the requirements of 49 C.F.R.

§ 37.123 for the transportation shall ensureens(a) that:Each vehicle used for the transport is equipped with a first- aid kit;

(a) Each vehicle used for the transport is equipped with a first- aid kit;

The provisions of this section do not apply to a taxicab motor carrier or transportation network company as defined in NRS 706A.050, who undertakes the transportation described in -§ *AB234_R3*37.121 –to 3provide –such subsectiontransportation.tity 1 under a contract with an entity required by 49 C.F.R.

§ 37.121 to provide such transportation.

- 79th Session (2017) – 3 – 2.

A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier.

(b) Nonemergency medical transportation of persons to facilitate their participation in jobs and day training services as defined in NRS 435.176 if the transportation is available upon request and wit(c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules;

(c)or Nonmedical(d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons withif disabilitiesthe transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules;schedules.

or - *AB234_R3* – 4 – (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

- 79th Session (2017) – 4 – 4.

(a) Paragraph (a) of subsection 2, the public entity shall establishest(b) Paragraph (c) or (d) of subsection 2, the routescommon andmotor fares.carrier:

(b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

(II) Provides transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant tot(III) NRSEnters 422.27495;into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission;

orand (III)(2) EntersSuch intoa ancarrier agreementis fornot theexempt purchasefrom ofinspection itsby servicethe byAuthority anto incorporateddetermine city,whether countyits orvehicles regionaland transportationtheir commission;operation are safe.

and - *AB234_R3* – 5 – (2) Such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is - 79th Session (2017) – 5 – described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:

or (b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.