NRS706.4463. Requirements for operators of tow cars: Certificates of public convenience and necessity; size and weight of tow cars; applications for certificates.

      1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

      (a) Obtain a certificate of public convenience and necessity from the Authority before the operator provides any services other than those services which the operator provides as a private motor carrier of property pursuant to the provisions of this chapter;

      (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

      (c) Comply with the provisions of NRS 706.011 to 706.791, inclusive.

      2.  A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must:

      (a) File an application with the Authority; and

      (b) Submit to the Authority a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The Authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:

      (a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;

      (b) Complies with the requirements of the regulations adopted by the Authority pursuant to the provisions of this chapter;

      (c) Has provided evidence that the applicant has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the applicant has filed with the Authority schedules and tariffs pursuant to subsection 2 of NRS 706.321.

      4.  An applicant for a certificate has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 3.

      5.  The Authority may hold a hearing to determine whether an applicant is entitled to a certificate only if:

      (a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

      (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.

      (Added to NRS by 1995, 1510; A 1995, 1513, 2621; 1997, 1945, 2677, 2683; 1999, 492; 2011, 1402; 2013, 84, 2048, 2158)