Existing law prohibits a person from driving a commercial motor vehicle at any time when the driving privilege of the person is subject to disqualification. (NRS 483.924) Existing federal regulations require a person convicted of certain offenses to be disqualified from operating a commercial motor vehicle for a certain period. The length of the period in which the person is required to be disqualified varies based on the offense for which the person was convicted. For certain offenses, existing federal regulations require the person to be disqualified for life. Such offenses include, among others, using a commercial motor vehicle in the commission of a felony involving an act or practice of “severe forms of trafficking in persons,” as defined by federal law. (22 U.S.C. § 7102(11); 49 C.F.R. § 383.51) To conform with these federal requirements, section 2 of this bill expressly provides that a person is disqualified from operating a commercial motor vehicle for a certain period if the person is convicted of certain offenses. Under section 2, if a person is convicted of certain specified offenses relating to human trafficking while using a commercial motor vehicle, or certain other offenses, the person is disqualified for life without the possibility of reinstatement. Section 2 prohibits a person who is disqualified from operating a motor vehicle for life from being issued or holding a commercial driver's license or commercial learner's permit. Section 3 of this bill requires a court to provide notice to the Department of Motor Vehicles within 5 days after a person is convicted of certain offenses relating to human trafficking while using a commercial motor vehicle. Existing federal law defines “severe forms of trafficking in persons” to include, without limitation, the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. (22 U.S.C. § 7102(11)) Section 10 of this bill revises the list of acts that constitute the crime of holding a person in involuntary servitude to conform more closely with the federal definition of “severe forms of trafficking in persons.” (NRS 200.463) Under section 10, a person who knowingly subjects, or attempts to subject, another person to forced labor or services by debt bondage, peonage, or using a scheme, plan or pattern intended to cause the person to believe that the failure to perform an act would result in serious harm or physical restraint against any person is guilty of holding a person in involuntary servitude. Similarly, section 10.5 of this bill revises the list of acts that constitute the crime of holding a minor in involuntary servitude to conform more closely with the federal definition of “severe forms of trafficking in persons.” (NRS 200.4631) Under section 10.5, a person who has physical custody of a minor, allows a minor to reside in his or her residence, is in a position of authority over a minor or provides care to the minor and who knowingly uses a scheme, plan or pattern intended to cause the minor to believe that the failure to perform an act would result in serious harm or physical restraint against any person is guilty of holding a minor in involuntary servitude. Existing federal regulations prohibit an employer from allowing, requiring, permitting or authorizing a driver to operate a commercial motor vehicle if the employer knows or should reasonably know of the existence of certain circumstances. (49 C.F.R. § 383.37) Existing law requires the Department to impose a civil penalty against an employer who has been convicted of violating those federal regulations. (NRS 483.939) Section 4 of this bill enacts prohibitions on employers which are similar to the prohibitions set forth in those federal regulations. Section 8 of this bill requires the Department to impose a civil penalty in a certain specified amount against an employer who has been convicted of certain violations of such prohibitions. Existing law requires the Department to adopt certain regulations relating to commercial drivers' licenses. (NRS 483.908) Section 6.5 of this bill additionally requires the Department to adopt regulations necessary to comply with certain federal regulations related to commercial driver's licenses and learner's permits and the operation of commercial motor vehicles. (49 C.F.R. § 383.73(q)) Existing law requires the Department, with certain exceptions, to furnish full information regarding the driving record of any person to certain persons or entities under certain circumstances. (NRS 483.916) Section 7 of this bill requires the Department also to furnish that information to the person who is the subject of that driving record or the Secretary of Transportation of the United States, upon his or her request. Existing law requires certain vehicles to stop at all railroad grade crossings. (NRS 484B.560) Section 9 of this bill requires the driver of a commercial motor vehicle who is not otherwise required to stop, before crossing at grade any track or tracks of a railroad, to decrease the speed of the vehicle and confirm that the tracks are clear. Section 9 also requires the driver of any vehicle to: (1) stop the vehicle within a certain distance of a railroad grade crossing if the track or tracks of the railroad are not clear; and (2) obey any official traffic control device or the directions of a police officer at a railroad grade crossing. Sections 5 and 6 of this bill make conforming changes to indicate the proper placement of sections 2-4 in the Nevada Revised Statutes.

Statutes affected:
As Introduced: 483.902, 483.904, 483.916, 483.939, 484B.560, 200.463, 207.190
Reprint 1: 483.902, 483.904, 483.908, 483.916, 483.939, 484B.560, 200.463, 200.4631
As Enrolled: 483.902, 483.904, 483.908, 483.916, 483.939, 484B.560, 200.463, 200.4631