NRS 706.44895 Operator of tow car prohibited from towing vehicle to location other than designated vehicle storage lot; exception; penalties; prohibition against solicitation; administrative fines.

459 words·~2 min read·/nv/chapter-706-motor-carriers/706-44895

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1. Except as otherwise provided in NRS 706.4489 , an operator of a tow car who is required to tow a vehicle to a designated vehicle storage lot pursuant to that section shall not tow the vehicle to another location. If an operator of a tow car fails to tow a vehicle to the designated vehicle storage lot when required pursuant to NRS 706.4489 , the operator of the tow car must:

(a)Forfeit the charge for towing and storage of the vehicle; and

(b)Tow the vehicle free of charge to the vehicle storage lot designated by the insurance company or its representative not later than 24 hours after receiving a demand, which must be made in writing or by electronic mail, from the insurance company or its representative.

2. An operator of a tow car who is required to tow a vehicle to a designated vehicle storage lot pursuant to NRS 706.4489 shall not solicit the owner or operator of the vehicle to divert the towing of the vehicle to a location other than the designated vehicle storage lot or solicit or market other services performed by a third party. Towing services performed pursuant to a request or demand by the owner or operator of a vehicle that the vehicle be towed to a location other than the designated vehicle storage lot does not relieve the operator of a tow car of any obligation relating to towing services performed without the prior consent of the owner or operator of a vehicle.

3. If an operator of a tow car violates the provisions of subsection 1 or 2, the Authority may:

(a)For a first offense, impose an administrative fine of not more than $5,000.

(b)For a second offense within a period of 24 consecutive months, impose an administrative fine of not more than $10,000.

(c)For a third offense within a period of 24 consecutive months, impose an administrative fine of not more than $15,000.

(d)For a fourth or subsequent offense within a period of 24 consecutive months, impose an administrative fine of not more than $20,000.

4. Before imposing a fine pursuant to subsection 3, the Authority shall provide notice to the holder of the certificate of public convenience and necessity and conduct a hearing pursuant to the provisions of chapter 233B of NRS and NRS 706.286 .

5. All administrative fines imposed and collected by the Authority pursuant to this section are payable to the State Treasurer and must be credited to a separate account to be used by the Authority to enforce the provisions of this chapter.