Section 706.297 - Adoption and enforcement of federal regulations for motor carrier safety1. 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).2. To enforce these regulations, enforcement officers of the Department of Motor Vehicles and the Department of Public Safety may, during regular business hours, enter the property of a carrier to inspect its records, facilities and vehicles, including space for cargo.3. A copy of the publication which contains the provisions described in subsection 1 may be obtained by mail from the Superintendent of Documents, U.S. Government Publishing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, for the price of $37. The publication is also available free of charge at the Internet address http://www.gpo.gov/fdsys.4. If a provision adopted by reference pursuant to subsection 1 is revised, the Director of the Department of Motor Vehicles and the Director of the Department of Public Safety will review the revision to determine its suitability for this State. If the Director of the Department of Motor Vehicles or the Director of the Department of Public Safety determines that the revision is not suitable for this State, the Director of the Department of Motor Vehicles or the Director of the Department of Public Safety, as applicable, will hold a public hearing to review his or her determination and give notice of the hearing within 6 months after the date of the publication of the revision. If, after the hearing, the Director of the Department of Motor Vehicles or the Director of the Department of Public Safety, as applicable, does not revise his or her determination, the Director of the Department of Motor Vehicles or the Director of the Department of Public Safety, as applicable, will give notice that the revision is not suitable for this State within 30 days after the hearing. If neither the Director of the Department of Motor Vehicles nor the Director of the Department of Public Safety gives such notice, the revision becomes part of the provision adopted by reference pursuant to subsection 1.Nev. Admin. Code § 706.297
Added to NAC by Dep't of Motor Veh. & Pub. Safety, eff. 11-29-95; A by Dep't of Pub. Safety by R167-03, 12-16-2003; R204-05, 2-23-2006; R056-09, 1-28-2010; R003-12, 5-30-2012; A by R062-17AP, eff. 2/27/2018