Nevada Revised Statutes 706A.160 – Agreements between companies and drivers: Application and investigation of driver; qualifications of driver; verification that driver holds state business license; termination
1. A transportation network company may enter into an agreement with one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
gross misdemeanor | up to 364 days | up to $2,000 |
Terms Used In Nevada Revised Statutes 706A.160
- Contract: A legal written agreement that becomes binding when signed.
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
- Fraud: Intentional deception resulting in injury to another.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. Before a transportation network company allows a person to be connected to potential passengers using the digital network or software application service of the company pursuant to an agreement with the company, except for a contract entered into pursuant to NRS 706A.163, the company must:
(a) Require the person to submit an application to the company, which must include, without limitation:
(1) The name, age and address of the applicant.
(2) A copy of the driver’s license of the applicant.
(3) A record of the driving history of the applicant.
(4) A description of the motor vehicle of the applicant and a copy of the motor vehicle registration.
(5) Proof that the applicant has complied with the requirements of NRS 485.185.
(b) At the time of application and not less than once every 3 years thereafter, conduct or contract with a third party to conduct an investigation of the criminal history of the applicant, which must include, without limitation:
(1) A review of a commercially available database containing criminal records from each state which are validated using a search of the primary source of each record.
(2) A search of a database containing the information available in the sex offender registry maintained by each state.
(c) At the time of application and not less than once every year thereafter, obtain and review a complete record of the driving history of the applicant.
3. A transportation network company may enter into an agreement with a driver if:
(a) The applicant is at least 19 years of age.
(b) The applicant possesses a valid driver’s license issued by the Department of Motor Vehicles unless the applicant is exempt from the requirement to obtain a Nevada driver’s license pursuant to NRS 483.240.
(c) The applicant provides proof that the motor vehicle operated by him or her is registered with the Department of Motor Vehicles unless the applicant is exempt from the requirement to register the motor vehicle in this State pursuant to NRS 482.385.
(d) The applicant provides proof that the motor vehicle operated by him or her is operated and maintained in compliance with all applicable federal, state and local laws.
(e) The applicant provides proof that he or she currently is in compliance with the provisions of NRS 485.185.
(f) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of three or more violations of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a misdemeanor.
(g) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a gross misdemeanor or felony.
(h) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of federal, state or local law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.
(i) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any crime involving an act of terrorism, an act of violence, a sexual offense, fraud, theft, damage to property of another or the use of a motor vehicle in the commission of a felony.
(j) The name of the applicant does not appear in the database searched pursuant to subparagraph (2) of paragraph (b) of subsection 2.
4. A driver shall, not later than 6 months after a transportation network company allows the driver to be connected to potential passengers using the digital network or software application service of the company pursuant to an agreement with the company and annually thereafter, on or before the anniversary date of that agreement, provide to the company verification that the driver holds a valid state business license pursuant to chapter 76 of NRS. Such verification may consist of the business identification number assigned by the Secretary of State to the driver upon compliance with the provisions of chapter 76 of NRS.
5. A transportation network company shall terminate an agreement with any driver who:
(a) Fails to submit to the transportation network company a change in his or her address, driver’s license or motor vehicle registration within 30 days after the date of the change.
(b) Fails to immediately report to the transportation network company any change in his or her driving history or criminal history.
(c) Refuses to authorize the transportation network company to obtain and review an updated complete record of his or her driving history not less than once each year and an investigation of his or her criminal history not less than once every 3 years.
(d) Is determined by the transportation network company to be ineligible for an agreement pursuant to subsection 3 on the basis of any updated information received by the transportation network company.
(e) Fails to comply with the provisions of subsection 4.