Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Regulation of Common or Contract Motor Carriers of Property, Other Than Fully Regulated Carriers, and Private Motor Carriers › Section 706.297 - Adoption and enforcement of federal regulations for motor carrier safety

Current through June 11, 2024
1. The Department of Motor Vehicles and the
				Department of Public Safety hereby adopt by reference the regulations contained
				in 49 C.F.R. Parts 382, 383, 385, 387, 390 to 397, inclusive,
				49 C.F.R. §
										386.72 and Appendix G of 49 C.F.R. Chapter
				III, Subchapter B, as those regulations existed on the effective date, and as
				subsequently revised by the United States Department of Transportation unless
				the Director of the Department of Motor Vehicles or the Director of the
				Department of Public Safety gives notice pursuant to subsection 4 that a
				revision is not suitable for this State, with the following exceptions:
(a) References to the Federal Motor Carrier
				Safety Administration are amended to refer to the Department of Motor Vehicles
				and the Department of Public Safety.
(b) References to the Administrator of the
				Federal Motor Carrier Safety Administration are amended to refer to the
				Director of the Department of Motor Vehicles and the Director of the Department
				of Public Safety.
(c) Section
				391.11(b)(1) applies only to drivers operating in interstate transportation and
				drivers transporting hazardous material, as defined in
				NRS
				459.7024.
(d) The definition of "motor carrier" in
				49
				C.F.R. §
											390.5 is amended to read:
"Motor carrier" includes interstate and intrastate common and
				  contract motor carriers of property, other than fully regulated carriers, and
				  private motor carriers, including, without limitation, their agents, officers
				  and representatives.
(e) The
				definition of "commercial motor vehicle" in
				49
				C.F.R. §
											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 property, other than household goods, if the
				vehicle:
(a) Is used in the transportation of
				hazardous materials, as defined in
				NRS
				459.7024; or
(b) Has a gross vehicle weight rating, gross
				combination weight rating, gross vehicle weight or gross combination weight of
				10,001 or more pounds.
2.
				Intrastate commerce to transport property, other than household goods, if the
				vehicle:
(a) Is one described in paragraph (a)
				of subsection 1;
(b) Has a gross
				vehicle weight rating, gross combination weight rating, gross vehicle weight or
				gross combination weight of 26,001 or more pounds; or
(c) Is owned or operated by a motor carrier
				subject to the jurisdiction of the Department of Motor Vehicles, except that
				any vehicle so owned or operated is subject only to the provisions of
				49 C.F.R.
				§§
													391.51,
				392.2,
				392.4,
				392.5,
				392.9
				and
				396.3(b)(2)
				and 49 C.F.R. Parts 390, 393 and 397 if the vehicle is not one described in
				paragraph (a) or (b).