NAC706.3753. Leasing of taxicab to independent contractor: Requirements for lease agreement; enforcement.

     1. Each lease agreement entered into by a certificate holder and an independent contractor pursuant to NRS 706.473 must:

     (a) Be maintained by the certificate holder.

     (b) Be in writing and in a form approved by the Authority.

     (c) Identify the use to be made of the taxicab by the independent contractor and the consideration to be received by the certificate holder. The use to be made of the taxicab must conform to the authority granted by the certificate to operate the taxicab.

     (d) Be signed by each party, or his or her representative, to the agreement.

     (e) Specifically state that the independent contractor is subject to all laws and regulations relating to the operation of a taxicab which have been established by the Authority and other regulatory agencies and that a violation of those laws and regulations will breach the agreement.

     (f) Specifically state that the certificate holder is responsible for maintaining:

          (1) All required insurance associated with the taxicab and the service which is the subject of the agreement in accordance with NAC 706.191;

          (2) A file which contains the qualifications of the independent contractor to drive the taxicab; and

          (3) A file for records concerning the maintenance of the taxicab.

     (g) Specifically state that the lease agreement does not relieve the certificate holder from any of his or her duties or responsibilities set forth in this chapter and chapter 706 of NRS.

     (h) Specifically state that the taxicab provided pursuant to the lease agreement:

          (1) Will be painted with the name, insigne and certificate number of the certificate holder; and

          (2) Is in a good mechanical condition that will meet the requirements for operating taxicabs set forth by this State or the county or municipality in which the taxicab will be operated.

     (i) Specifically state that the independent contractor shall not transfer, assign, sublease or otherwise enter into an agreement to lease the taxicab to another person.

     (j) Specifically state that the independent contractor:

          (1) Shall not operate the taxicab for more than 12 hours in any 24-hour period; and

          (2) Shall return the taxicab to the certificate holder at the end of each shift to enable the certificate holder to comply with the provisions of NAC 706.380.

     (k) Contain any other provision which the Authority may determine to be necessary for the protection of the health and safety of members of the public.

     2. If the Authority has reason to believe that a lease provision required by this section is being violated, the Authority may, after a hearing:

     (a) Impose an administrative fine pursuant to NRS 706.771;

     (b) Order the certificate holder or the independent contractor to cease and desist from action taken in violation of this section; or

     (c) Revoke or suspend the authority of the certificate holder to operate a taxicab to enter into a lease agreement pursuant to NRS 706.473.

     (Added to NAC by Pub. Service Comm’n, eff. 5-5-94; A by Transportation Serv. Auth. by R071-98, 10-28-98; R078-98, 1-28-99; A by Nev. Transportation Auth. by R111-10, 12-16-2010)