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8/14/2019 Petition for Advisory Opinion of Nevada Transportation Authority
1/6
State of Nevada
Department of Business and Industry
Nevada Transportation Authority
Petition for Advisory Opinion of Nevada Transportation Authority
IN THE MATTER of the Petition of Randell S.Hynes, President of the United Taxicab DriversCorporation for an application for AdvisoryOpinion pursuant to NAC 706.4007 Declaratoryorders and advisory opinions: Petition; hearingsconcerning the applicability of a statute.
)))))))
Docket No.
COMES NOW Petitioner, Randell S. Hynes (Hynes), President of the United Taxicab Drivers
Corporation chartered in the State of Nevada as a non-profit cooperative corporation, and hereby
applies by Petition to the Nevada Transportation Authority (Authority) for an Advisory Opinion
concerning the applicability of a statute. This application for Petition for Advisory Opinion is made
pursuant to NAC 706.4007 Declaratory orders and advisory opinions: Petition; hearings. In support of
this Petition, Hynes states as follows:
I. Petitioner
Hynes is a former taxicab driver who commenced work as a taxicab advocate in October 2007
The United Taxicab Drivers Corporation was chartered to formalize his work of helping taxicab drive
improve wages and working conditions.
All correspondence can be mailed to Hynes current residence, or personal email address:
Randell S. Hynes6180 S. Torrey Pines Dr.Las Vegas, NV 89118(702) [email protected]
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II. The Statute
Hynes seeks the opinion of the Authority on whether certificated carriers authorized by the
Authority to provide Charter service by limousine are violating the terms of their Certificate of Public
Convenience and Necessity (CPCN), as stated in:
NRS 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 anycarriage to which the provisions of NRS 706.011 to706.861, inclusive, apply without first obtaining a certificate,permit or license, or in violation of the terms thereof;
Is it a violation of the terms of a certificated carrier authorized by the Authority to provide
charter service by limousine to operate in a manner intended to provide transportation services
other than charter service by limousine?
III. Introduction
Since 2001 Hynes has observed limousine drivers position their limousines near a taxi stand
between charter orders to improve their chances for getting an on-demand ride. Before 2005 this
unlawful activity, known as Kellying, was casual solicitation. Instead of going back to the company
yard after servicing a charter order, the limousine driver would loiter around a taxi stand or restaurant
entrance to get an on-demand ride. NAC 706.228 Solicitation of Passengers is intended to regulate
Kellying. Since 2005, this activity has the appearance of an organized, systematic and unlawful
operation intended to provide transportation services other than charter service by limousine. Most
limousine companies dispatch cars everyday without charter orders or dont require cars to return
after servicing charter orders. The cars cruise, stage near or directly next to the taxi stand to make
themselves available for on-demand transportation services.
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IV. Prearranged versus On-Demand
The definition of Charter service by limousine was amended with the word prearranged in
2002 to better define the type of transportation service limousines can lawfully provide. Collectively
limousine companies dispatch hundreds of cars each day to compete with taxicabs for the on-
demand transportation market in Las Vegas. These are the pertinent regulations:
NAC 706.036 Charter service by limousine means the exclusive use of a traditiona
limousine or livery limousine for the prearranged transportation of passengers and their baggage
under a charter order at an hourly rate for a minimum of 1 hour. [The word and definition
prearranged was added 9/20/2002 along with paragraph 2(a) to (e)]:
2. Charter service does not include:(a) Scenic tours;(b) Special services;(c) Airport transfer services;(d) Service which will be resold by the broker for scenic tours or airport
transfer services;or
(e) The carriage of property or cargo not belonging to the group ofpassengers being transported.
NAC 706.1015 Prearranged means transportation that is scheduled through or reported to
the central dispatch of a carrier before the provision of service.
The dictionary definition of Prearranged is to arrange in advance. NAC 706.1015 can only
mean transportation arranged in advance scheduled by the dispatcher, or scheduled by the driver
and reported to the dispatcher. Any other interpretation would contradict the dictionary meaning of
Prearranged, and that surely was not the legislative intent of this regulation. The simultaneous
addition of this regulation and the word prearranged to the definition of Charter service by limousine
makes the legislative intent clear.
If any person wants to be transported immediately to another location and no arrangement has
been made in advance, then the only lawful transportation is on-demand taxicab service.
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V. How Limousine Companies Get Rides
The definitive question to conclude whether Authorized Carriers are in violation of the terms of
their certificates is:
What are the lawful means to prearrange transportation service?
Prearranged transportation occurs when the company dispatcher takes an order from either a
client or from a driver who has agreed to provide prearranged transportation to a personal client.
The ruse that transportation is prearranged by calling the company dispatcher to validate a charter
order when the limousine driver has just moments before agreed to provide on-demand transportation
must be dismissed.
The terms of a certificate authorizing charter service by limousine are violated by limousine
companies each time company management dispatches or allows limousine drivers to remain in
service without legitimate charter orders, while the company claims that their integrity and company
policy dont permit their drivers to cruise or stage and solicit for rides. However, thats what occurs
every day, day in, day out.
The mere presence of the same limousines and limousine drivers at the same taxi stands
every night is evidence that an organized and systematic activity is happening. Men who shouldn
even know each other if the drivers werent unlawfully close to the taxi stand, display camaraderie
with hotel employees. Drivers are there because their employers havent provided them with orders to
service and in many cases hired them exclusively to cruise, stage and provide on-demand
transportation service in lieu of non-existent prearranged transportation orders. Hotel employees
oblige limousine drivers with a steady stream of the best rides, screened and solicited from the tax
stand. Limousine drivers pay hotel employees for the service.
Its the business model of the authorized carriers, that dominate the market, as evidenced by
their cars presence at the same hotels each night and their 2005, 2006 and 2007 Annual Reports. A
marginal and declining expenditure for traditional advertising and millions of dollars spent each year
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to pay commissions, starters, spotters, referrals and other expenses indicative of an organized effort
to solicit and provide on-demand transportation services.
There is no lawful reason for any limousine company car to be parked near or cruising a hote
or restaurant taxi stand other than to service a prearranged charter order.
VI. Conclusion
The Nevada Transportation Authority has a statutory obligation to stop the violation of the
terms of all certificates. If the Authority knew that a consent-only tow company was operating by
sending out tow trucks and towing vehicles without consent, a violation of the terms of their certificate,
there is no doubt what would occur. If it had been happening for 3 years, like the actions of the
limousine companies, and selectively non-enforced by the Authority, then the inaction should be
questioned, as it is in this Petition.
If a limousine company sends out a car without legitimate charter orders, they should be
stopped for a violation of the terms of their certificate, as required by statute NRS 706.756 Unlawfu
acts; criminal penalties.
Hynes respectfully submits this Petition seeking the opinion of the Authority.
DATED this ______ day of December 2008.
By: ____________________Randell S. Hynes6180 S. Torrey Pines DriveLas Vegas, NV 89118(702) 456-2899
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OATH
S T A T E O F N E V A DA )) ss:
COUNTY OF CLARK )
I, Randell S. Hynes, being duly sworn, state that I file this application as President of the
United Taxicab Drivers Corporation that, in such capacity, I am qualified and authorized to file and
verify such application; that I have carefully examined all the statements and matters contained in the
application; and that all such statements made and matters set forth therein are true and correct to
the best of my knowledge, information, and belief. Affiant further states that the application is made in
good faith, and presents evidence in support of said application on every particular requested by the
Nevada Transportation Authority.
________________________Signature of Affiant
State of NevadaCounty of ____________
Sworn to and subscribed before me on
this ______ day of ___________, 2008 by _____________________
______________________Notary Public
My Commission Expires:
__________________