Nev. Admin. Code § 706.410

Current through June 11, 2024
Section 706.410 - Permissible fees and charges for storage and access of vehicles towed without prior consent of owner
1. If an operator of a tow car includes in his or her tariff a fee to be charged the owner of a towed vehicle for the storage of the vehicle, the fee may not be charged:
(a) For more than 15 days, unless the operator complies with the requirements set forth in NRS 706.4479;
(b) If the owner of the vehicle, his or her agent or the driver of the vehicle arrives at the place of storage to secure its release before the towed vehicle is placed in storage; or
(c) If the tow was under Category C and is released to the owner or his or her agent within 24 hours after the vehicle is towed. The charge for the first 24 hours of storage of a vehicle towed under Category C must be included as part of the flat rate charged for the tow.
2. If an operator of a tow car includes in his or her tariff a fee for allowing the owner of a towed vehicle or his or her agent to have access to a vehicle held in storage, that fee may not be charged the first time the owner or the owner's agent visits the stored vehicle or when the vehicle is being claimed by the owner or the agent. The operator of a tow car:
(a) Shall not deny the owner of the stored vehicle or his or her agent reasonable access to the vehicle unless required to do so by a law enforcement agency.
(b) May require the fee charged for visiting a stored vehicle to be paid in advance of the visit.
(c) Shall not charge the fee for visiting a stored vehicle on a per person basis if a reasonable number of people visit the same stored vehicle at the same time.
(d) Shall establish and maintain a log to track each time the owner of a stored vehicle or his or her agent visits the vehicle. The operator shall record in the log:
(1) The name of the person who visits the stored vehicle and the date and time of the visit; and
(2) The date and time on which the owner of the stored vehicle or his or her agent recovers the vehicle.
(e) Shall confirm the identity of the owner of the stored vehicle or his or her agent who is visiting the stored vehicle by requiring such persons to provide:
(1) A driver's license;
(2) An identification card; or
(3) Any other valid form of identification.
3. The operator of a tow car may include in his or her tariff a charge for opening a secured facility for storage after normal business hours to release or allow access to a towed vehicle. Normal business hours shall be deemed to be between 8 a.m. and 5 p.m. on Monday through Friday, excluding legal holidays. Such a charge is in addition to any other charge for storage or access to the vehicle. The operator of a tow car may require that the charge for opening a secured facility for storage be paid in advance of opening the facility.

Nev. Admin. Code § 706.410

Added to NAC by Pub. Service Comm'n, eff. 9-1-87; A by Nev. Transportation Auth. by R075-08, 9-18-2008; R112-10, 12-16-2010

NRS 706.171, 706.321