NRS706.745. Exemption of ambulances, hearses and certain carriers from requirements of NRS 706.386 and 706.421; exemption of certain carriers and public entities from requirement to obtain certificate of public convenience and necessity; conditions and limitations on exemptions.

      1.  The provisions of NRS 706.386 and 706.421 do not apply to:

      (a) Ambulances;

      (b) Hearses; or

      (c) Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705.

      2.  A common motor carrier that enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of:

      (a) Regular routes and fixed schedules;

      (b) Nonemergency medical transportation of persons to facilitate their participation in jobs and day training services as defined in NRS 435.176 if the transportation is available upon request and without regard to regular routes or fixed schedules;

      (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

      (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

      3.  Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:

      (a) The public entity shall provide for any required safety inspections; or

      (b) If the public entity is unable to do so, the Authority shall provide for any required safety inspections.

      4.  In addition to the requirements of subsection 3, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:

      (a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares.

      (b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

             (1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.

             (2) Shall not offer medical assistance as part of its transportation service.

      5.  In a county whose population:

      (a) Is less than 700,000, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

      (b) Is 700,000 or more, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but:

             (1) Only if the nonprofit carrier:

                   (I) Does not charge for transportation services;

                   (II) Provides transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705; or

                   (III) Enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission; and

             (2) Such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

      6.  An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.

      7.  Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:

      (a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or

      (b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.

      (Added to NRS by 1995, 2611; A 1997, 652, 1951; 1999, 2172; 2005, 736; 2009, 1291, 2241; 2011, 1313)