NAC483.7994. “Excepted intrastate commerce” defined.

     1. “Excepted intrastate commerce” means the operation of a commercial motor vehicle:

     (a) Solely within the borders of this State; and

     (b) Exclusively in transportation or operations that would have been excepted under 49 C.F.R. § 390.3(f), 391.2 or 391.68 from all or parts of the qualification requirements of 49 C.F.R. Part 391 or under 49 C.F.R. § 398.2 from all or parts of the qualification requirements of 49 C.F.R. Part 398 if the transportation or operations had occurred in interstate commerce, including, without limitation, by a driver who:

          (1) Operates a school bus pursuant to 49 C.F.R. § 390.5 when transporting only school children or school personnel from home to school and from school to home;

          (2) Is a federal, state or local government employee;

          (3) Operates a fire truck or rescue vehicles during emergencies and other related activities;

          (4) Primarily transports propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding;

          (5) Responds to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture;

          (6) Operates a commercial motor vehicle in custom harvesting on a farm, to transport farm machinery and supplies used in the custom harvesting operation to and from a farm or to transport custom harvested crops to storage or market;

          (7) Operates a commercial motor vehicle as a beekeeper in the seasonal transportation of bees;

          (8) Is a farmer who controls and operates a commercial motor vehicle to transport agricultural products to and from a farm and within 150 air miles of the farm that is not a combination vehicle including a power unit and a towed unit, farm machinery or farm supplies and contains no hazardous material of a type or quantity which would require the vehicle to be placarded in accordance with 49 C.F.R. § 177.823;

          (9) Operates a commercial motor vehicle as a private motor carrier of passengers for nonbusiness purposes;

          (10) Transports migrant workers; or

          (11) Transports human corpses or sick or injured persons.

     2. The term does not include the operation of a commercial motor vehicle to cross any state or national border.

     (Added to NAC by Dep’t of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013)