NAC706.147. Provider of free shuttle service: Consideration as common motor carrier.

     1. The Authority will consider a provider of free shuttle service to passengers who may or may not have baggage to be a common motor carrier unless all of the following conditions are met:

     (a) The provider’s business is not the transportation of property or passengers and any transportation furnished is incidental to its business.

     (b) The provider indicates in any advertisement including information on free transportation that the transportation will only be furnished to its customers. Such information must be incidental to an advertisement of the business.

     (c) The provider ensures that transportation is provided only to its customers.

     (d) Except as otherwise provided in this paragraph, transportation is furnished only if the provider’s place of business is the point of origin or the point of destination of each customer’s trip. If the provider is a health insurer licensed to transact insurance in this State, the provider may provide transportation, other than emergency transportation, to an insured between a medical facility where medical services covered by the health insurer have been or will be rendered and another medical facility or the residence of the insured.

     (e) The driver is prohibited from soliciting gratuities, either directly or indirectly, or from placing a container for gratuities in the vehicle used to provide the free shuttle service. The driver may accept unsolicited gratuities.

     (f) The driver is not compensated based upon the number of persons transported in a given period.

     (g) The vehicle used to provide the free shuttle service is owned by and registered to:

          (1) The provider, at the place of business of the provider;

          (2) A subsidiary of the provider, at the place of business of the subsidiary;

          (3) An affiliate that controls the provider, at the place of business of the affiliate; or

          (4) A certificate holder, at the place of business of the certificate holder.

     (h) The driver is employed by the person to whom the vehicle used to provide the free shuttle service is registered, as set forth in paragraph (g), or an affiliate of that person.

     (i) The vehicle used to provide the free shuttle service is properly marked on each side of the vehicle with the name or logo of the provider. Such markings must be at least 2 inches high and be visible from a distance of at least 50 feet.

     2. The Authority will not consider the placement of the name of the business on the side of the vehicle used to provide the free shuttle service as an advertisement for transportation.

     3. As used in this section:

     (a) “Affiliate” has the meaning ascribed to it in NRS 692C.030.

     (b) “Subsidiary” has the meaning ascribed to it in NRS 692C.100.

     (Added to NAC by Pub. Service Comm’n, eff. 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; R040-02, 9-20-2002)