Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Regulation of Motor Carriers Generally › Section 706.2473 - Adoption and enforcement of federal regulations for motor carrier safety by Authority

Current through June 11, 2024
1. The Authority
				hereby adopts 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 Authority.
(b)
				References to the Administrator of the Federal Motor Carrier Safety
				Administration and to the Director are amended to refer to 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 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).