SB 424 — Revises provisions relating to the Nevada Transportation Authority. (BDR 58-860)

(Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT S.B.

424 SENATE BILLB NILLN O.

424–COMMITTEE424–C OMMITTEE ON GGOVERNMENT OVERNMENT A FFAIRS M ARCH 27, 2023 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to the Nevada Transportation Authority.

requiring the Authority to approve or deny applications for certain certificates or permits within a certain period of time;

(NRS 706.391, 706.431, 706.4463) Section 1 of this bill prohibits the Authority from accepting any petition to intervene on behalf of any person who has filed a protest against the granting of sections 3-6 of this bill authorize the Authority to hold a hearing concerning anad, application for a certificate or permitpermit, issuedor modification thereof, if the Authority finds that, after reviewing the information provided by the Authority,applicant orand inspecting the operations of the applicant, the Authority cannot make a determination as to whether the applicant has complied with the requirements for the certificate or permit, or modification thereof.

Instead,Sections sections 3-6 offurther thisrequire bill authorize the Authority to holdthe adate hearingon concerningwhich an application for a certificatecompleted orapplication permit,is orreceived modification thereof, if the Authority finds that, after reviewing the information provided by the applicantAuthority. and inspecting the operations of the applicant, the Authority cannot make a determination as to whether the applicant has complied with the requirements for the certificate or permSection 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

Any suchafter application which is not approved or denied within 9 months shall be deemed to be - *SB424**SB424_R1* – 2 – THEapproved PEOPLEand OFthe THEAuthority STATEis OFrequired NEVADA,to REPRESENTEDissue INthe SENATEcertificate ANDor ASSEMBLY,permit, DOas ENACTapplicable. AS FOLLOWS:

placement of section 1 in the Nevada Revised Statutes.

indicate the proper THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;

- *SB424_R1* – 3 – (d) The proposed operation or the proposed modification will benefit and protect the safety and convenience of the traveling and shipping public and the motor carrier business in this State;

- *SB424* – 3 – (f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification;

- *SB424_R1* – 4 – 8.

[9.9.

The Authority may[may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any - *SB424* – 4 – person who has filed a protest against the granting of the certificate or modification.] Sec.shall approve or deny an application filed pursuant to this section within 9 months after the date on which the Authority receives the completed application.

Any application which is not approved or denied within 9 months shall be deemed to be approved and the Authority shall issue the certificate of public convenience and necessity.

Sec.

The Authority shall revokeapprove or suspenddeny pursuantan toapplication thefor provisionsa of this chapter the permit ofwithin a9 contractmonths motorafter carrierthe whodate hason failedwhich to file the annualAuthority reportreceives required in NRS 706.167 within 60 days after the reportcompleted isapplication. due.

[6.]Any 5.application which is not approved or denied within 9 months shall be deemed to be approved and the Authority shall issue the permit.

5.

The Authority shall revoke or suspend pursuant to the provisions of this chapter the permit of a contract motor carrier who - *SB424_R1* – 5 – has failed to file the annual report required in NRS 706.167 within 60 days after the report is due.

6.

- *SB424* – 5 – (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed;

- *SB424_R1* – 6 – 4.

- *SB424* – 6 – Sec.

The Authority shall approve or deny an application filed pursuant to this section within 9 months after the date on which the Authority receives the completed application.

Any application which is not approved or denied within 9 months shall be deemed to be approved and the Authority shall issue the certificate.

Sec.

6.

(g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons - *SB424_R1* – 7 – or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.

- *SB424* – 7 – (a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

(b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performedatorsperformed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

H - *SB424**SB424_R1*