706.4463 - Requirements for operators of tow cars: Certificates of public convenience and necessity; size and weight of tow cars; applications for certificates.
706.4463 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 file an application with the Authority.
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)