NAC706.297. Adoption and enforcement of federal regulations for motor carrier safety.

     1. The Department of Motor Vehicles and the Department of Public Safety hereby adopt by reference the regulations contained in 49 C.F.R. Parts 382, 383, 387, 390 to 397, inclusive, and Appendix 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, the Federal Highway Administration and the Federal Motor Carrier Safety Administration are amended to refer to the Department of Motor Vehicles and the Department of Public Safety.

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

     (c) Section 391.11(b)(1) applies only to drivers operating in interstate transportation and drivers transporting hazardous material of a type or quantity that requires the vehicle to be marked or placarded pursuant to 49 C.F.R. § 177.823.

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

     “Motor carrier” includes interstate and intrastate common and contract motor carriers of property, other than fully regulated carriers, and private motor carriers, including their agents, officers and representatives.

     (e) The definition of “commercial motor vehicle” in 49 C.F.R. § 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 property, other than household goods, if the vehicle:

     (a) 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

     (b) Has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.

     2. Intrastate commerce to transport property, other than household goods, if the vehicle:

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

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

     (c) Is owned or operated by a motor carrier subject to the jurisdiction of the Department of Motor Vehicles, except that any vehicle so owned or operated is subject only to the provisions of 49 C.F.R. §§ 391.51, 392.2, 392.4, 392.5, 392.9 and 396.3(b)(2) and 49 C.F.R. Parts 390, 393 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 may, during regular business hours, enter the property of a carrier to inspect its records, facilities and vehicles, including space for cargo.

     3. A copy of the publication which contains the provisions described in subsection 1 may be obtained by mail 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], for the price of $37. The publication is also available free of charge at the Internet address http://www.gpo.gov/fdsys.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep’t of Pub. Safety by R167-03, 12-16-2003; R204-05, 2-23-2006; R056-09, 1-28-2010; R003-12, 5-30-2012)