NAC706.3751. Requirements for employee or independent contractor who drives taxicab; list of persons not qualified to drive taxicab.

     1. In addition to the applicable requirements set forth in 49 C.F.R. §§ 391.51, 392.2, 392.4, 392.5 and 392.9 and 49 C.F.R. Parts 390, 393 and 397, a certificate holder shall not allow an employee or independent contractor of the certificate holder to drive a taxicab that the certificate holder is authorized to operate unless the employee or independent contractor:

     (a) Is at least 21 years of age and has held for at least 30 days a valid Nevada driver’s license or is a border state employee, as that term is defined in NRS 483.035;

     (b) Possesses a valid driver’s permit issued by the Authority;

     (c) Provides to the certificate holder, on or before the date on which the employee becomes employed by the certificate holder as the driver of a taxicab or the independent contractor begins to lease a taxicab from the certificate holder pursuant to NRS 706.473:

          (1) A certificate from a licensed physician which demonstrates that the employee or independent contractor is physically qualified to operate a commercial motor vehicle in accordance with 49 C.F.R. § 391.43; and

          (2) A copy of the driving record of the employee or independent contractor which is obtained from the Department and which demonstrates that the employee or independent contractor has not, within the 3 years immediately preceding the date on which the employee becomes employed by the certificate holder as the driver of a taxicab or the independent contractor begins to lease a taxicab from the certificate holder pursuant to NRS 706.473:

               (I) Been convicted of driving under the influence of an intoxicating liquor or a controlled substance;

               (II) Been convicted of reckless driving;

               (III) Been convicted of failing to stop and remain at the scene of an accident; or

               (IV) Failed to keep a written promise to appear in court for any offense; and

     (d) Within the 3 years immediately preceding the date on which the employee or independent contractor submitted an application to the certificate holder to drive a taxicab:

          (1) Has not failed to appear for a hearing before the Authority which resulted in the employee being found to have violated a provision of this chapter or chapter 706 of NRS;

          (2) Has not been found by the Authority to have violated the provisions of this chapter or chapter 706 of NRS more than five times; and

          (3) Has not failed to pay on or before the due date any fine assessed against the employee by the Authority.

     2. Each employee or independent contractor shall update annually the documents required pursuant to paragraph (c) of subsection 1 and submit the updated documents to the certificate holder.

     3. A certificate holder shall retain a copy of each document that the employee or independent contractor submitted to the certificate holder pursuant to this section until 3 years after the employee’s employment has terminated or the independent contractor’s lease has expired.

     4. The Authority will create and maintain a list of persons who are not qualified to drive a taxicab pursuant to paragraph (d) of subsection 1.

     (Added to NAC by Transportation Serv. Auth. by R078-98, eff. 1-28-99; A by R040-02, 9-20-2002; A by Nev. Transportation Auth. by R111-10, 12-16-2010; R012-12, 6-29-2012; R060-13, 12-23-2013, eff. 1-1-2014)