Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Regulation of Motor Carriers Generally › Section 706.2471 - Adoption and enforcement of federal regulations for motor carrier safety

Current through June 11, 2024
1. The Department of Motor Vehicles, the
				Department of Public Safety and the Authority hereby adopt by reference the
				regulations contained in 49 C.F.R. Parts 40, 382, 383, 385, 387, 390 to 393,
				inclusive, 395, 396 and 397, and Appendices B and 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 and the Federal Motor Carrier Safety Administration are
				amended to refer to the Department of Motor Vehicles, the Department of Public
				Safety and the Authority.
(b)
				References to the Administrator of the Federal Motor Carrier Safety
				Administration and to the Director are amended to refer to the Director of the
				Department of Motor Vehicles, the Director of the Department of Public Safety
				and the Chair.
(c) Section
				391.11(b)(l) 
				applies only to drivers of commercial motor vehicles who:
(1) Operate in interstate
				transportation;
(2) Transport
				passengers intrastate; or
(3)
				Transport hazardous material of a type or quantity that requires the vehicle to
				be marked or placarded in accordance with
				49
				C.F.R. §§
												172.300 and
				172.500.
(d) Section
				392.5(a)(3) will
				not apply to motor carriers authorized to provide intrastate charter service by
				limousine or to the drivers of those motor carriers.
(e) References to special agents in Appendix
				B of 49 C.F.R. Chapter III, Subchapter B, are amended to include personnel of
				the Department of Motor Vehicles, the Department of Public Safety and the
				Authority.
(f) The definition of
				"motor carrier" in
				49
				C.F.R. §§
											390.5 and
				397.65 is amended to
				read:
"Motor carrier" includes, without limitation, interstate and
				  intrastate common, contract and private carriers of property and passengers,
				  including, without limitation, their agents, officers and
				  representatives.
(g) The
				definition of "commercial motor vehicle" in
				49
				C.F.R. §§
											382.107,
				385.3
				and 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 passengers or property if the vehicle:
(a) Is designed to transport more than eight
				passengers, including, without limitation, the driver;
(b) 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
(c) Has a gross vehicle weight
				rating, gross combination weight rating or gross vehicle weight of 10,001 or
				more pounds, whichever is greater.
2. Intrastate commerce to transport
				passengers or property if the vehicle:
(a) Is
				one described in paragraph (a) or (b) of subsection 1;
(b) Has a gross vehicle weight rating, gross
				combination weight rating or gross vehicle weight of 26,001 or more pounds,
				whichever is greater; or
(c) Is
				owned or operated by a motor carrier subject to the jurisdiction of the Nevada
				Transportation Authority, except that any vehicle so owned or operated is
				subject only to the provisions of
				49 C.F.R. §§
													392.2,
				392.4,
				392.5 and
				392.9
				and 49 C.F.R. Parts 40, 382, 383, 385, 390, 391, 393, 395, 396 and 397 if the
				vehicle is not one described in paragraph (a) or (b).