A.B. 103 Assembly Bill No. 103--Committee on Transportation January 25, 1995 _____________ Referred to Committee on Transportation SUMMARY--Makes various changes relating to regulation of taxicabs in certain counties. (BDR 58-147) FISCAL NOTE: Effect on Local Government: Yes. Effect on the State or on Industrial Insurance: Yes. EXPLANATION--Matter in italics is new; matter in bra ckets [ ] is material to be omitted. AN ACT relating to taxicabs; making various changes to the statutory provisions which regulate taxicabs in certain counties; providing a penalty; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act. Sec. 2. \1. If a driver violates any provision of NRS 706.881 to 706.885, inclusive, this section and section 3 of this act, the administrator may issue a warning, impose a fine of not more than $50, or issue a warning and impose a fine. If a driver violates the same provision of NRS 706.881 to 706.885, inclusive, this section and section 3 of this act, more than once within a 12-month period, the administrator may impose the following sanctions: (a) For a second violation within a 12-month period, 1 to 3 days' suspension of a driver's permit or a fine of not more than $100. (b) For a third violation within a 12-month period, 2 to 4 days' suspension of a driver's permit or a fine of not more than $150. (c) For a fourth violation within a 12-month period, 7 days' suspension of a driver's permit or a fine of not more than $250. (d) For a fifth or subsequent violation within a 12-month period, revocation of a driver's permit or a fine of not more than $300. 2. The administrator may suspend or revoke a driver's permit or impose a fine of not more than $500 upon a driver for: (a) Willful, knowing or intentional use by the driver of his taxicab, or his employment, to facilitate the commission of a crime, or for permitting the use of his taxicab by another as a means of facilitating the commission of a crime. (b) The commission of a battery, as defined in NRS 200.481, by the driver while on duty. (c) The commission of a sexual offense by the driver. As used in this paragraph, "sexual offense" includes: (1) Sexual assault pursuant to NRS 200.366; (2) Statutory sexual seduction pursuant to NRS 200.368; (3) Use of a minor in producing pornography pursuant to NRS 200.710; (4) Promotion of a sexual performance of a minor pursuant to NRS 200.720; (5) Incest pursuant to NRS 201.180; (6) Lewdness with a child pursuant to NRS 201.230; and (7) Open or gross lewdness under NRS 201.210. (d) Any lewd or lascivious behavior by the driver while on duty that does not constitute a sexual offense as defined in paragraph (c). (e) Each violation by the driver of subsection 7 of NRS 706.8849. (f) Six or more violations by the driver of NRS 706.881 to 706.885, inclusive, this section and section 3 of this act, or any regulation of the taxicab authority or administrator, or any combination thereof, in any 12-month period. 3. The administrator shall conduct a hearing before suspending or revoking a driver's permit or imposing a fine under this section. The administrator shall provide notice of the hearing to the driver at least 5 days before the date of the hearing. 4. At a hearing held pursuant to subsection 3: (a) A driver may be represented by an attorney or any other person. (b) A witness may testify over the telephone. 5. The administrator shall publish a brochure which describes: (a) The rules applicable to a hearing held pursuant to subsection 3; (b) The right of the driver to representation at the hearing; and (c) The constitutional privilege against self- incrimination. The administrator shall include a copy of the brochure with the notice provided to a driver pursuant to subsection 3. 6. All fines collected pursuant to this section must be deposited with the state treasurer for credit to the state general fund.\\ Sec. 3. \The taxicab authority or administrator shall not adopt any regulation, and a certificate holder shall not establish any rule or regulation, which prohibits a driver from: 1. Prohibiting any passenger from smoking tobacco in any form in his taxicab; 2. Posting a notice of the prohibition in his taxicab, if the notice has been approved by the taxicab authority; or 3. Accepting any otherwise lawful gratuity which is given, offered or promised to him while he is on duty. \\Sec. 4. NRS 706.8811 is hereby amended to read as follows: 706.8811 As used in NRS 706.881 to 706.885, inclusive, \and sections 2 and 3 of this act,\\ unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meanings ascribed to them in those sections. Sec. 5. NRS 706.8818 is hereby amended to read as follows: 706.8818 1. A taxicab authority, consisting of five members appointed by the governor, is hereby created. No member may serve for more than 6 years. No more than three members may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment. \One member must have been a driver for at least 5 years in a county within the jurisdiction of the taxicab authority.\\ 2. Each member of the taxicab authority is entitled to receive a salary of not more than $80, as fixed by the authority, for each day actually employed on work of the authority. 3. While engaged in the business of the taxicab authority, each member and employee of the authority is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. 4. The taxicab authority shall maintain its principal office in the county or area of the state where it performs most of its regulatory activity. 5. The taxicab authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, \and sections 2 and 3 of this act,\\ and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive [.] \, and sections 2 and 3 of this act.\\ The regulations may include different provisions to allow for differences among the counties to which NRS 706.881 to 706.885, inclusive,\ and sections 2 and 3 of this act,\\ apply. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, \and sections 2 and 3 of this act, \\and regulations adopted pursuant thereto. 6. Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, \and sections 2 and 3 of this act,\\ every regulation and order issued by the public service commission of Nevada remains effective in a county to which those sections apply until modified or rescinded by the taxicab authority, and must be enforced by the taxicab authority. Sec. 6. NRS 706.88235 is hereby amended to read as follows: 706.88235 1. Whenever the taxicab authority or the administrator is authorized or required by law to conduct a hearing, the administrator may issue subpenas requiring the attendance of witnesses before the authority or the administrator, respectively, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called and take depositions within or without the state, as the circumstances of the case may require.\ The administrator shall issue such a subpena upon the request of a driver who will be a defendant at a hearing required pursuant to subsection 3 of section 2 of this act, if the request is made at least 3 days before the date of the hearing.\\ 2. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the administrator. 3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpena, the administrator may report to the district court in and for the county in which the hearing is pending by petition, setting forth: (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers; (b) That the witness has been subpenaed in the manner prescribed in this section; and (c) That the witness has failed and refused to attend or produce the papers required by subpena before the taxicab authority or the administrator in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of the hearing, and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the authority or the administrator. 4. The court, upon petition of the administrator \,\\ shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the administrator, the court may thereupon enter an order that the witness appear before the authority or the administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court. Sec. 7. NRS 706.8824 is hereby amended to read as follows: 706.8824 1. In determining whether circumstances require the establishment of a system of allocations or a change in existing allocations, the taxicab authority shall consider the interests, welfare, convenience, necessity and well-being of the customers of taxicabs. 2. Whenever circumstances require the establishment of a system of allocations, the taxicab authority shall allocate the number of taxicabs among the certificate holders in the county in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the taxicab authority in the county. 3. Whenever circumstances require an increase in the existing allocations, the taxicab authority shall allocate the additional taxicabs equally among all the certificate holders who apply from the area to be affected by the allocation. 4. Unless a certificate holder puts the additionally allocated taxicabs into service within 30 days after the effective date of the increased allocation, the increased allocation to that certificate holder is void. 5. The taxicab authority may attach to the exercise of the rights granted by the allocation any terms and conditions which in its judgment the public interest may require. The taxicab authority may limit: (a) The geographical area from which service is offered or provided. (b) The hours of service. Such a limitation must not reduce hours of service to less than [12] \8\\ consecutive hours in a 24-hour period. If a limitation is placed on an allocation, taxicabs must be marked in a distinctive manner that indicates the limitation. 6. The taxicab authority shall review annually: (a) The existing allocation of taxicabs; and (b) The rates, charges or fares of the certificate holders in its jurisdiction. Sec. 8. NRS 706.8825 is hereby amended to read as follows: 706.8825 1. All fees collected pursuant to NRS 706.881 to 706.885, inclusive, \and sections 2 and 3 of this act,\\ must be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the fund. 2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. 3. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection. 4. The fees received pursuant to subsection 3 of NRS 706.8826 [,] \and\\ NRS 706.8827 [, 706.8841 and 706.8848 to 706.885, inclusive,] are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business. \The fees received pursuant to NRS 706.8841 are hereby appropriated to defray the cost of regulating taxicabs in a county subject to the jurisdiction of the taxicab authority.\\ 5. Any balance remaining in the fund does not revert to the state general fund. The administrator may use any balance over $200,000 and any interest earned on the fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly and the permanently handicapped in taxicabs. If the administrator undertakes such a program, he shall accept as evidence of the permanent handicap a certificate from a physician licensed in this state which describes the character and extent of the permanent handicap. 6. The administrator may establish an account for petty cash not to exceed $1,000 for the support of undercover investigation and, if the account is created, the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid. Sec. 9. NRS 706.8832 is hereby amended to read as follows: 706.8832 A certificate holder shall [have] \: 1. Equip\\ each taxicab [equipped] with a two-way mobile radio \, or other device which allows a taxicab driver effectively to maintain two-way communication; \\ and [shall maintain] \2. Maintain\\ central facilities for dispatching \or otherwise maintain the capability to dispatch \\taxicabs at all times. [The facilities: 1. May be maintained individually or in cooperation with other certificate holders. 2. Must be principally engaged in communication by radio with the taxicabs of the certificate holder or holders.] Sec. 10. NRS 706.8835 is hereby amended to read as follows: 706.8835 1. A certificate holder shall display on each of his taxicabs the fare schedule under which it is being operated. The schedule must be permanently affixed: (a) On the outside of both front doors in bold block letters which are of a color which contrasts with the color of the taxicab and which are not less than three-fourths of an inch in height; and (b) Inside the taxicab so as to be visible and easily readable by passengers. 2. A certificate holder shall [have] \display\\ a unit number and the name of the certificate holder [displayed] on each side of each taxicab in bold block letters not less than 4 inches in height and in a color which contrasts with the color of the taxicab. \3. A certificate holder shall display the unit number on the roof, trunk or hood of each taxicab in bold block letters not less than 18 inches in height and in a color which contrasts with the color of the taxicab. \\Sec. 11. NRS 706.8837 is hereby amended to read as follows: 706.8837 A certificate holder shall not permit a taxicab to be operated in passenger service unless it meets all of the following standards: 1. The steering mechanism is in good mechanical working order. 2. The vehicle does not have any apparent loose knuckles, bolts or gear trains. 3. The door hinges and latches are in good mechanical working order and all doors operate easily and close securely. 4. Interior or exterior advertising does not obscure the driver's view in any direction. 5. The windows are clear and free from cracks or chips in excess of 3 inches in length and are composed of approved, nonshatterable safety glass. 6. The brakes are in good mechanical working order and when pressed are not less than 1 3/4 inches from the floorboard. 7. The exhaust system, gaskets, tail pipes and mufflers are in good condition and exhaust fumes do not penetrate the interior of the vehicle. 8. The vehicle is equipped with four adequate and safe tires. Recapped tires may be used. Regrooved tires may not be used. 9. The speedometer is properly installed, maintained in good working order and exposed to view. 10. The interior of the vehicle is clean, free from torn upholstery and from damaged or broken seats. 11. The headlights, taillights, stoplights and turn signals are in good mechanical working order. 12. The horn and two windshield wipers are in good mechanical working order. 13. The taximeter is working properly, is not disconnected and has its covers and gears intact. 14. An air pollution control system is functioning in accordance with federal, state and local laws which were applicable to the type of vehicle at the time of its manufacture. \15. Safety belts are maintained in clean and operable condition and are readily available to passengers at all times.\\ Sec. 12. NRS 706.8843 is hereby amended to read as follows: 706.8843 1. A certificate holder shall not employ a driver unless the driver has obtained and has on his person: (a) A valid driver's license for the State of Nevada obtained under the provisions of NRS 483.010 to 483.630, inclusive; (b) A copy of a physician's certificate obtained pursuant to NRS 706.8842; and (c) A driver's permit issued by the administrator pursuant to rules and regulations of the taxicab authority. 2. A certificate holder shall, at the time he employs a driver, provide the driver with a complete copy of the rules and regulations described in NRS 706.8844 to 706.8849, inclusive, \sections 2 and 3 of this act,\\ and such other rules and regulations as may be adopted by the taxicab authority, and require the driver to sign a statement that he has received a copy of the regulations and has read and familiarized himself with the contents thereof. Sec. 13. NRS 706.8845 is hereby amended to read as follows: 706.8845 While a driver is on duty, he shall: 1. Be appropriately dressed by the standards of the taxicab business. 2. Be neat and clean in person and appearance. 3. Refrain from [talking loudly,] uttering profanity \, \\and from \talking loudly or \\shouting to other drivers [.] \ except as required for the safety of his passengers or the public.\\ 4. Not have in his possession a lighted cigar, cigarette or pipe while a passenger is being carried in his taxicab. 5. Not chew tobacco or use snuff while a passenger is being carried in his taxicab. 6. Attend his taxicab if it is being held out for hire. 7. Not permit his taxicab to remain at a taxicab stand unless it is being held out for hire. 8. Discourage passengers from entering or leaving a taxicab from the [left side except at the left curb of a one-way street or while the car is parked perpendicularly to a curb.] \side of the taxicab that is directly adjacent to a traffic lane.\\ 9. Not load or unload passengers or luggage [at] \within\\ an intersection or crosswalk or at any place or in any manner that will interfere with the orderly flow of traffic. 10. Not carry more than two passengers in the front seat of the taxicab or carry more passengers in the back seat of the taxicab than are authorized by the manufacturer's recommendations. 11. Not leave his taxicab unattended with the key in the ignition lock. 12. Operate his taxicab in accordance with all applicable state and local laws and regulations and with due regard for the safety, comfort and convenience of passengers and of the general public. Sec. 14. NRS 706.8846 is hereby amended to read as follows: 706.8846 With respect to a passenger's destination, a driver shall not: 1. Deceive or attempt to deceive any passenger who rides or desires to ride in his taxicab. 2. Convey or attempt to convey any passenger to a destination other than the one directed by the passenger. 3. Take a longer route to the passenger's destination than is necessary, unless specifically [requested so] \authorized \\to do \so\\ by the passenger. 4. Fail to comply with the reasonable and lawful requests of the passenger as to speed of travel and route to be taken. Sec. 15. NRS 706.8847 is hereby amended to read as follows: 706.8847 1. A driver shall not refuse or neglect to transport any orderly person to that person's destination if: (a) That person requests the driver to transport him [; and] \to a certain destination;\\ (b) \That person provides positive identification and a reasonable deposit of money as an advance estimated fare, if requested to do so by the driver; and (c) \\The requested destination is within the area allocated to the certificate holder who employs the driver. 2. Subsection 1 does not apply if [the driver can show beyond a reasonable doubt that: (a) He] \: (a) The driver\\ has good reason to fear for his personal safety; (b) The taxicab has been previously engaged by another person; [or (c) He] \(c) The driver \\is forbidden by law or regulation to carry the person requesting transportation [.] \; or (d) Transporting the person to the requested destination would require the driver to be on duty for more than 12 hours during any 24-hour period.\\ Sec. 16. NRS 706.8849 is hereby amended to read as follows: 706.8849 [1.] A taxicab driver shall: [(a)] \1.\\ Assure that the fare indicator on the taximeter of his taxicab reads zero \immediately\\ before the time that the taxicab is engaged. [(b)] \2. \\Assure that the taximeter of his taxicab is engaged while the taxicab is on hire. [(c)] \3. \\Not \, except as otherwise approved by the administrator, \\make any charge for the transportation of a passenger other than the charge shown on the taximeter. [(d)] \4.\\ Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare. [(e)] \5. \\Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder. [(f)] \6. \\Not permit any person [or persons] other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab [requests]\ expressly authorizes \\that the other person [or persons] ride in the taxicab. If more than one person is loaded by the taxicab driver as set forth in this [paragraph, the driver shall, when one of the persons leaves the taxicab, charge that person] \subsection, and\\ the fare on the meter [and]\ is paid by a person leaving the taxicab, the driver may\\ reset the taximeter [. (g)] \, except that if one person pays or will pay the fare for all persons in a taxicab, the taximeter must not be reset until the final destination.\\ \7. \\Not drive a taxicab or go on duty while under the influence of, or impaired by, any controlled substance, dangerous drug, or intoxicating liquor or drink intoxicating liquor while on duty. [(h)]\ 8. \\Not use or consume controlled substances or dangerous drugs which impair a person's ability to operate a motor vehicle at any time, or use or consume any other controlled substances or dangerous drugs at any time except with a prescription from a physician who is licensed to practice medicine in the State of Nevada. [(i)]\ 9. \\Not operate a taxicab without a valid driver's permit issued pursuant to NRS 706.8841 and a valid driver's license issued pursuant to NRS 483.325 in his possession. [(j)]\ 10. \\Obey all provisions and restrictions of his employer's certificate of public convenience and necessity. [2. If a driver violates any provision of subsection 1, the administrator may, after a hearing, impose the following sanctions: (a) For a first offense, 1 to 5 days' suspension of a driver's permit or a fine of not more than $100, or both suspension and fine. (b) For a second offense, 6 to 20 days' suspension of a driver's permit or a fine of not more than $300, or both suspension and fine. (c) For a third offense, a fine of not more than $500. In addition to the other penalties set forth in this subsection, the administrator may revoke a driver's permit for any violation of a provision of paragraph (g) of subsection 1. 3. Only violations occurring in the 12 months immediately preceding the most current violation may be considered for the purposes of subsection 2. The administrator shall inspect the driver's record for that period to compute the number of offenses committed.] Sec. 17. NRS 706.885 is hereby amended to read as follows: 706.885 1. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, \or sections 2 and 3 of this act,\\ is guilty of a misdemeanor. 2. The taxicab authority or administrator may at any time, for good cause shown and upon at least 5 days' notice to the grantee of any certificate or driver's permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver's permit to a maximum amount of $500 or suspend or revoke the certificate or driver's permit granted by it or him, respectively, for: (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, \sections 2 and 3 of this act,\\ or any regulation of the taxicab authority or administrator. (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, \sections 2 and 3 of this act,\\ or any regulation of the taxicab authority or administrator. If a penalty is imposed on the grantee of a certificate pursuant to this section, the taxicab authority or administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney's fees. 3. When a driver or certificate holder fails to appear at the time and place stated in the notice for [the hearing,] \a hearing to be held pursuant to this section, \\the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the [license,] permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing. 4. Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. 5. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate [, permit or license] \or permit\\ of the person convicted. The imposition of a fine or suspension or revocation of any certificate [, permit or license] \or permit\\ by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1. Sec. 18. Section 1 of chapter 480, Statutes of Nevada 1987, at page 1106, is hereby amended to read as follows: Section 1. NRS 484.641 is hereby amended to read as follows: 484.641 1. It is unlawful to drive a passenger car manufactured after: (a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions. (b) January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff's office. (c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions. 2. Any person driving and any passenger 5 years of age or older who rides in the front \or back\\ seat of any vehicle described in subsection 1, having an unladen weight of less than 6,000 pounds, on any highway, road or street in this state shall wear a safety belt if one is available for his seating position. 3. A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child 5 years of age or older but under 18 years, a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of work for the community. \4.\\ A violation of subsection 2 [is] \: (a) Is\\ not a moving traffic violation under NRS 483.473 \.\\ [and may] \(b) May\\ not be considered as negligence \or as causation\\ in any civil action or as negligent or reckless driving under NRS 484.377. [4.] \(c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product. 5.\\ The department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical. [5.] \6.\\ The provisions of subsections 2 and 3 do not apply: (a) To a driver or passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons; (b) If the vehicle is not required by federal law to be equipped with safety belts; (c) To an employee of the United States Postal Service while delivering mail in the rural areas of this state; (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; [or] (e) To a passenger riding in a means of public transportation, including a [taxi,] \taxicab,\\ school bus or emergency vehicle [. 6.] \; or (f) To a taxicab driver who: (1) Is regulated by the taxicab authority pursuant to NRS 706.881 to 706.885, inclusive; and (2) Is on duty. 7.\\ It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation. Sec. 19. NRS 706.8848 is hereby repealed. "T T" TEXT OF REPEALED SECTION "T T" 706.8848 Sanctions imposed by administrator for certain violations; hearing. 1. If a driver violates any provision of NRS 706.8844 to 706.8847, inclusive, the administrator may impose the following sanctions: (a) First offense: Warning notice or a fine of not more than $100, or both warning and fine. (b) Second offense: 1 to 3 days' suspension of a driver's permit or a fine of not more than $200, or both suspension and fine. (c) Third offense: 4 to 6 days' suspension of a driver's permit or a fine of not more than $300, or both suspension and fine. (d) Fourth offense: 10 days' suspension of a driver's permit or a fine of not more than $500, or both suspension and fine. (e) Fifth offense: Revocation of a driver's permit or a fine of not more than $500, or both revocation and fine. 2. Only violations occurring in the 12 months immediately preceding the most current violation shall be considered for the purposes of subsection 1. The administrator shall inspect the driver's record for that period to compute the number of offenses committed. 3. The administrator shall conduct a hearing prior to suspension or revocation of a driver's permit or imposing a fine under this section or NRS 706.8849. -30-