NAC706.209. Lease of replacement equipment by authorized carrier.

     1. When mechanical or body damage causes equipment to be out of service for at least 3 days, a fully regulated carrier may seek approval from the Chair or the Chair’s designee to lease replacement equipment for each item of similar equipment that is out of service, unless such a lease would result in the carrier’s active, in-service fleet under its certificate or permit being comprised of more leased replacement items of equipment than items of similar equipment owned by the carrier. Equipment that is owned by the carrier and used in the services of intrastate transportation in this State must be used to determine what constitutes similar equipment.

     2. A fully regulated carrier shall not lease any kind of replacement equipment to provide transportation if the carrier does not currently own similar equipment.

     3. The Chair or the Chair’s designee may approve the lease of replacement equipment for a period up to 30 days if, at the time of the lease, the fully regulated carrier provides, in writing, to the Authority:

     (a) Identification, by make, model, license plate and vehicle identification number, of the equipment placed out of service;

     (b) Identification of the mechanical or body damage causing the equipment to be placed out of service;

     (c) The estimated time during which the equipment will be out of service;

     (d) A copy of the lease for the replacement equipment; and

     (e) A statement indicating the total number of:

          (1) Items of replacement equipment which the carrier will be leasing if the lease is approved; and

          (2) Currently active, in-service items of equipment owned by the carrier under its certificate which are similar to the replacement equipment for which the carrier is seeking approval.

     4. The Chair or the Chair’s designee may approve an extension of a lease of replacement equipment for a period longer than 30 days if, before the expiration of the lease which was approved pursuant to subsection 3, the fully regulated carrier submits to the Authority a detailed explanation of the delay in returning to service the equipment that was taken out of service and the expected date for the return of such equipment to service.

     5. Notwithstanding any provision of NAC 706.210 or 706.211 to the contrary, leases approved pursuant to this section will not be considered leases for the purposes of NAC 706.210 and 706.211.

     [Pub. Service Comm’n, Gen. Order 5 Rule 213, eff. 12-1-62]—(NAC A 9-1-87; 9-16-92; A by Transportation Serv. Auth. by R071-98, 10-28-98; R040-02, 9-20-2002; A by Nev. Transportation Auth. by R113-10, 12-16-2010)