Section 706.2472 - Adoption and enforcement of federal regulations for motor carrier safety by Department of Public Safety1. The Department of Public Safety 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, 49 C.F.R. § 386.72 and Appendices B and 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 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 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 Public Safety.(c) Section 391.11(b)(1) applies only to drivers of commercial motor vehicles who:(1) Operate in interstate transportation;(2) Transport passengers intrastate; or(3) Transport hazardous material, as defined in NRS 459.7024.(d) References to special agents in Appendix B of 49 C.F.R. Chapter III, Subchapter B, are amended to include personnel of the Department of Public Safety.(e) 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.
(f) 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, for compensation, more than eight passengers, including, without limitation, the driver;(b) Is designed or used to transport, not for compensation, more than 15 passengers, including, without limitation, the driver;(c) Is used in the transportation of hazardous materials, as defined in NRS 459.7024; or(d) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight or gross combination 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), (b) or (c) of subsection 1; or(b) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight or gross combination weight of 26,001 or more pounds, whichever is greater.2. To enforce these regulations, enforcement officers of the Department of Public Safety may, during regular business hours, enter the property of a carrier to inspect its records, facilities and vehicles, including, without limitation, space for cargo and warehouses.3. The volume containing 49 C.F.R. Parts 300 to 399, inclusive, is available 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, at the price of $37. The volume containing 49 C.F.R. Part 40 is available 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, at the price of $66. The volumes are 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 Public Safety will review the revision to determine its suitability for this State. If the Director of the Department of Public Safety determines that the revision is not suitable for this State, the Director of the Department of Public Safety 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 Public Safety does not revise his or her determination, the Director of the Department of Public Safety will give notice that the revision is not suitable for this State within 30 days after the hearing. If the Director of the Department of Public Safety does not give such notice, the revision becomes part of the provision adopted by reference pursuant to subsection 1.Nev. Admin. Code § 706.2472
Added to NAC by Pub. Safety by R062-17AP, eff. 2/27/2018