NAC706.211. Lease of vehicle by common motor carrier authorized to provide off-road scenic tours.

     1. A common motor carrier authorized to provide off-road scenic tours shall not lease any vehicle without the prior approval of the Chair or his or her designee.

     2. A carrier must submit a request for the approval of such a lease to the Authority at least 10 working days before the execution of the lease. The Chair or his or her designee shall approve or disapprove the lease within 10 working days after receiving the request for the approval of the lease. If the Chair or his or her designee does not approve or disapprove the lease within 10 working days after receiving the request for the approval of the lease, the lease shall be deemed to be approved.

     3. The Chair or his or her designee shall approve such a lease if:

     (a) The vehicle will be leased for not more than 14 days;

     (b) The vehicle will be used only in an operation authorized by the certificate of the carrier;

     (c) The driver of the vehicle will be an employee of the carrier who has no ownership interest in the vehicle; and

     (d) The carrier demonstrates to the satisfaction of the Chair or his or her designee that the carrier temporarily needs to increase the size of its fleet, including, without limitation, facts which indicate that the carrier expects to experience:

          (1) An increase in customer demand; or

          (2) A decrease in the size of its permanent fleet.

     4. If a lease is approved pursuant to this section:

     (a) A copy of the lease must be submitted to the Authority not later than the date on which the lease becomes effective; and

     (b) A copy of the lease and a copy of the approval of the lease must be:

          (1) Carried in the vehicle during the period of the lease; and

          (2) Maintained by the carrier for a minimum of 3 years.

     5. A carrier may not lease vehicles for more than 45 days in any calendar year.

     6. The approval of a lease pursuant to this section does not relieve the carrier of the obligation to comply with all other laws that otherwise apply.

     (Added to NAC by Transportation Serv. Auth. by R040-02, eff. 9-20-2002)