NRS 706.756 is the Nevada law that penalizes taxi drivers for working without a permit from the Nevada Transportation Authority (NTA). Taxi drivers also need current and valid licenses from the Nevada DMV. The statute states:
[A]ny person who: Operates a [taxi] without first obtaining a certificate, permit or license, or in violation of the terms thereof … is guilty of a misdemeanor [in Nevada], and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
On this page, our Las Vegas criminal defense attorneys discuss Nevada taxi permit laws under NRS 706.756. Keep reading to learn the law, a possible defense to fight charges, and potential penalties.
Driving a Taxi without a Permit in Nevada (NRS 706.756)
In order to drive a cab in Nevada, the driver is required to have both of the following:
Note that taxi drivers do not need a special class of driver’s license from the DMV…they just need the same license that regular drivers have.
Applying for a driver’s permit to drive a cab in Nevada
For the most up-to-date information on how to apply for a taxi driver’s permit in Nevada, contact the NTA at 702-486-3303 or 775-688-2800. In general, applicants need to submit the following four items:
- fingerprints (which the NTA will use to run background checks), and
- proof of employment from a taxi company, and
- proof of a Nevada driver’s license, and
- fingerprint processing fees as well as permit application fees, which may be up to $50.
The NTA may refuse to issue a taxi driver’s permit if the applicant has past criminal convictions from any jurisdiction for either:
- a DUI within the last 3 years, or
- a felony within the last 5 years, or
- any sexual offense at any time
The NTA may also decline a person’s application for a taxi driver’s permit if they deem that the applicant could hurt public health, welfare or safety by driving a cab.
Note that driver’s permits issued to taxi drivers are valid for up to 3 years in Nevada as long as the taxi driver is employed at the same company. Whenever a taxi driver leaves his/her company, the permit automatically lapses. In order to get a new permit, the taxi driver must notify the NTA within 10 days of the lapse.2
Other Nevada offenses involving license requirements
Taxi driving is just one of many Nevada professions which require that the worker maintain a government-issued permit or license. Another occupation which mandates state licensing is contracting. And similar to taxi driving, working as a contractor without a license is a crime in Nevada. Learn more in our article about the Nevada crime of unlicensed contractors (NRS 624.700).
Defenses for Driving a Taxi without a Permit in Nevada
Sometimes taxi drivers accused of operating a cab without a permit are victims of government error. The Nevada Transportation Authority is a large bureaucracy and therefore makes the occasional clerical error. If a defense attorney in a taxi permit case can show that the NTA was incorrect that the defendant lacked a current and valid permit to drive a cab, the entire case should be dismissed.
Note that it is not a defense to NRS 706.756 charges that the defendant honestly but erroneously believed he/she had a valid driver’s permit, or that he/she forgot to renew the permit.
Penalties for Driving a Taxi without a Permit in Nevada (NRS 706.756)
Driving a taxi without a valid, current driver’s permit is a misdemeanor in Nevada under NRS 706.756.3 The punishment includes:
- $100 to $1,000 in fines, and/or
- up to 6 months in jail
Note that driving without a driver’s license in Nevada…whether the driver is operating a cab or not…is also a misdemeanor carrying the same maximum penalties. Learn more in our article on driving without a driver’s license in Nevada (NRS 483.230).
Charged? Call us…
If you have been cited in Nevada for driving a taxi without a license or permit, call our Las Vegas criminal defense attorneys for a free consultation. We may be able to get the charge dismissed or else fight for your innocence at trial.
1NRS 706.462 Issuance and renewal; application requirements; fees.
1. A person shall not drive a charter bus for the purposes of charter bus transportation, a motor vehicle for a fully regulated carrier of passengers or a taxicab motor carrier as an employee, independent contractor or lessee unless the person has been issued a driver’s permit by the Authority pursuant to this section.
2. The Authority shall issue a driver’s permit to each applicant who satisfies the requirements of this section. Before issuing a driver’s permit, the Authority shall:
(a) Require the applicant to submit a complete set of his or her fingerprints, which the Authority shall forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and may further investigate the applicant’s background; and
(b) Require proof that the applicant is employed or under a contract or lease agreement or has an offer of employment, a contract or a lease agreement that is contingent on the applicant obtaining a driver’s permit pursuant to this section and:
(1) Has a valid license issued pursuant to NRS 483.340 which authorizes the applicant to drive in this State any motor vehicle that is within the scope of the employment, contract or lease; or
(2) If the driver is a resident of a state other than Nevada, has a valid license issued by the state in which he or she resides which authorizes the applicant to drive any motor vehicle that is within the scope of the employment, contract or lease.
3. The Authority may refuse to issue a driver’s permit if:
(a) The applicant has been convicted of:
(1) A felony, other than a sexual offense, in this State or any other jurisdiction within the 5 years immediately preceding the date of the application;
(2) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application; or
(3) A violation of NRS 484C.110 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within the 3 years immediately preceding the date of the application.
(b) After further investigation into the applicant’s background, if any, the Authority determines that the issuance of the driver’s permit would be detrimental to public health, welfare or safety.
4. A driver’s permit issued pursuant to this section is valid for not longer than 3 years, but lapses if the driver ceases to be employed by the carrier identified in the application for the original or renewal permit or if the contract or lease expires and the driver enters into a contract or lease with a different carrier. A driver must notify the Authority within 10 days after the lapse of a permit and obtain a new permit pursuant to this section before driving for a different carrier.
5. An applicant shall pay to the Authority:
(a) A fee for the processing of fingerprints which is to be established by the Authority and which may not exceed the fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
(b) For an original driver’s permit, a fee not to exceed $50.
(c) For the renewal of a driver’s permit, a fee not to exceed $50.
6. As used in this section, “charter bus transportation” means transportation by bus of a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. The term does not include:
(a) The transportation of passengers and their baggage in the same vehicle for a per capita charge between airports or between an airport and points and places in this State;
(b) The transportation at a per capita or an hourly rate of passengers to various points of interest for the purpose of sightseeing or visiting those points of interest where a narrated tour is presented to the passengers; or
(c) The transportation of persons who have acquired the use of a vehicle for a special event between definite points of origin and destination, at a per capita rate.
3NRS 706.756 Unlawful acts; criminal penalties.
1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(d) Fails to obey any order, decision or regulation of the Authority or the Department;
(e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;
(f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;
(g) Advertises as providing:
(1) The services of a fully regulated carrier; or
(2) Towing services,
-> without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,
-> is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:
(a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
(b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
3. Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.
4. If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.
5. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
6. Any bail allowed must not be less than the appropriate fine provided for by this section.
Also visit the Nevada Taxicab Authority for more information.