Section 706.5557 - Requirements for lease agreement; authorized actions if lease agreement violated1. A lease agreement entered into between a certificate holder and an independent contractor pursuant to sections 2 to 12, inclusive must: (a) Be in writing and in a form approved by the Authority.(b) Be signed by each party, or his or her representative, to the agreement.(c) Identify the use to be made of the taxicab by the independent contractor and the consideration to be received by the certificate holder. The use to be made of a taxicab must conform to the authority granted by the certificate to operate the taxicab.(d) Include language that the certificate holder and the independent contractor indemnify, release and hold harmless governmental agencies, including, without limitation, the Authority, from all claims arising from the lease agreement.(e) Identify the taxicab to be leased under the lease agreement.(f) Specifically state that the: (1) Independent contractor is subject to all laws and regulations relating to the operation of a taxicab which have been established by the Authority and other regulatory agencies and that a violation of those laws and regulations will breach the lease agreement.(2) Certificate holder is responsible for providing insurance for the taxicab which meets the requirements of NRS 706.8828.(3) Lease agreement does not release the certificate holder from any of his or her duties or responsibilities set forth in this chapter and chapter 706 of NRS.(4) Independent contractor: (I) Shall comply with the requirements of subsections 1 to 4, inclusive, of NAC 706.549 concerning hours of service;(II) Shall return the taxicab to the certificate holder not less than one time per day to enable the certificate holder to comply with the requirements of NRS 706.8837 and 706.8838;(III) Shall not transfer, assign, sublease or otherwise enter into an agreement for another person to operate the taxicab; and(IV) Shall remit to the certificate holder all applicable taxes and fees required pursuant to NRS 706.8826 and section 9 collected by the independent contractor from each passenger.(5) Taxicab provided by the certificate holder pursuant to the lease agreement: (I) Will be painted with the name and unit number of the certificate holder; and(II) Is in good mechanical condition that will meet the requirements for operating taxicabs in this State and the county or other political subdivision in which the taxicab will be operated.(g) Contain any other provision which the Authority deems necessary to protect the health and safety of the public.2. A lease agreement entered into between a certificate holder and an independent contractor pursuant to sections 2 to 12, inclusive may contain a requirement for a security deposit that meets the requirements of section 6.3. If the Authority has reason to believe that a lease provision required by this section is being violated, the Authority may, upon at least 5 days' notice to the certificate holder or independent contractor, as applicable, and after a hearing unless waived by the certificate holder or independent contractor, as applicable: (a) Order the certificate holder or independent contractor, as applicable, to cease and desist from any action taken in violation of the lease agreement;(b) Impose an administrative fine as provided in subsection 2 of NRS 706.885; or(c) Revoke or suspend the approval or preapproval granted pursuant to section 4 for any lease agreements entered into by the certificate holder or independent contractor, as applicable.Nev. Admin. Code § 706.5557
Added to NAC by Taxicab Auth. by R003-16A, eff. 12/21/2016Section 1.7 of Senate Bill No. 376, chapter 447, Statutes of Nevada 2015, at page 2596 (NRS NRS 706.88181 ).