NAC706.247. Adoption and enforcement of federal regulations for motor carrier safety.

     1. The Department of Motor Vehicles, the Department of Public Safety and the Authority hereby adopt by reference the regulations contained in 49 C.F.R. Parts 40, 382, 383, 385, 387, 390 to 393, inclusive, 395, 396 and 397, and Appendices B and G of 49 C.F.R. Chapter III, Subchapter B, as those regulations existed on May 30, 2012, with the following exceptions:

     (a) References to the Department of Transportation and the Federal Motor Carrier Safety Administration are amended to refer to the Department of Motor Vehicles, the Department of Public Safety and the Authority.

     (b) References to the Administrator of the Federal Motor Carrier Safety Administration and to the Director are amended to refer to the Director of the Department of Motor Vehicles, the Director of the Department of Public Safety and the Chair.

     (c) Section 391.11(b)(l) applies only to drivers of commercial motor vehicles who:

          (1) Operate in interstate transportation;

          (2) Transport passengers intrastate; or

          (3) Transport hazardous material of a type or quantity that requires the vehicle to be marked or placarded in accordance with 49 C.F.R. §§ 172.300 and 172.500.

     (d) Section 392.5(a)(3) will not apply to motor carriers authorized to provide intrastate charter service by limousine or to the drivers of those motor carriers.

     (e) References to special agents in Appendix B of 49 C.F.R. Chapter III, Subchapter B, are amended to include personnel of the Department of Motor Vehicles, the Department of Public Safety and the Authority.

     (f) The definition of “motor carrier” in 49 C.F.R. §§ 390.5 and 397.65 is amended to read:

     “Motor carrier” includes, without limitation, interstate and intrastate common, contract and private carriers of property and passengers, including, without limitation, their agents, officers and representatives.

     (g) The definition of “commercial motor vehicle” in 49 C.F.R. §§ 382.107, 385.3 and 390.5 is amended to read:

     “Commercial motor vehicle” means any self-propelled or towed vehicle used on public highways in:

     1. Interstate commerce to transport passengers or property if the vehicle:

     (a) Is designed to transport more than eight passengers, including, without limitation, the driver;

     (b) Is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary pursuant to 49 U.S.C. §§ 103, 104 and 106; or

     (c) Has a gross vehicle weight rating, gross combination weight rating or gross vehicle weight of 10,001 or more pounds, whichever is greater.

     2. Intrastate commerce to transport passengers or property if the vehicle:

     (a) Is one described in paragraph (a) or (b) of subsection 1;

     (b) Has a gross vehicle weight rating, gross combination weight rating or gross vehicle weight of 26,001 or more pounds, whichever is greater; or

     (c) Is owned or operated by a motor carrier subject to the jurisdiction of the Nevada Transportation Authority, except that any vehicle so owned or operated is subject only to the provisions of 49 C.F.R. §§ 392.2, 392.4, 392.5 and 392.9 and 49 C.F.R. Parts 40, 382, 383, 385, 390, 391, 393, 395, 396 and 397 if the vehicle is not one described in paragraph (a) or (b).

     2. To enforce these regulations, enforcement officers of the Department of Motor Vehicles and the Department of Public Safety and compliance enforcement officers of the Authority may, during regular business hours, enter the property of a carrier to inspect its records, facilities and vehicles, including, without limitation, space for cargo and warehouses.

     3. Each compliance enforcement officer employed by the Nevada Transportation Authority pursuant to NRS 706.176 shall complete training regarding the federal regulations adopted by reference in subsection 1 which relate to common, contract and private motor carriers of passengers and property, including, without limitation, training in commercial vehicle safety inspections provided by the Nevada Highway Patrol.

     4. The volume containing 49 C.F.R. Parts 325 to 399, inclusive, is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at [phone], at the price of $37. The volume containing 49 C.F.R. Part 40 is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at [phone], at the price of $66. The volumes are also available free of charge at the Internet address http://www.gpo.gov/fdsys.

     [Dep’t of Motor Veh., Motor Carrier Reg. § 2, eff. 2-4-82]—(NAC A by Dep’t of Motor Veh. & Pub. Safety and Pub. Service Comm’n, 8-26-86; 12-4-89; 5-15-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; A by Dep’t of Motor Veh. & Pub. Safety by R205-99, 2-1-2000; A by Transportation Serv. Auth. by R040-02, 9-20-2002; A by Dep’t of Pub. Safety by R167-03, 12-16-2003; R204-05, 2-23-2006; A by Nev. Transportation Auth. by R127-07, 9-18-2008; A by Dep’t of Pub. Safety by R056-09, 1-28-2010; A by Nev. Transportation Auth. by R111-10, 12-16-2010; A by Dep’t of Pub. Safety by R003-12, 5-30-2012)