Friday, Feb. 18, 2005 | 11:12 a.m.
When tow trucks respond to the scene of a traffic accident, should they be complying with regulations established by the state Transportation Services Authority or the federal government?
Is it within the state's jurisdiction to regulate the activity to avoid a dangerous ambulance-chasing rush to an accident scene?
What about charter buses? Can the state regulate buses soliciting business at local convention centers?
Those are among the questions the state will attempt to answer with a major overhaul of regulations on tap by the three-member TSA. Three separate workshop sessions are scheduled Wednesday regarding tow trucks, charter buses and taxicabs that operate outside Clark County.
The sessions are being conducted in Las Vegas at the TSA's South Jones Boulevard office and teleconferenced in Sparks for Northern Nevada. The taxi session begins at 10:30 a.m., the meeting on charter buses begins at 1:30 p.m. and the session on tow trucks starts at 2:30 p.m.
Keith Sakelhide, docket manager for the TSA, said the primary purpose of the overhaul is to bring the state's regulations into conformance with federal T-21 transportation regulations.
The federal rules took effect in late 1997 -- a few months after the establishment of the TSA. Over the years, operators of tow truck companies and charter bus companies have been confused by the inconsistencies of the two sets of rules.
The state interpreted its role as having the authority to make policy on rates and tariffs as well as safety.
Court cases tended only to make the issue even more confusing, as different appeals courts leaned in different directions on issues and few cases ever made it to the Supreme Court.
TSA officials have worked for several months to develop state rules that are consistent with federal policies. Sakelhide said the lines drawn in their newest proposals are pretty clear: If it's an issue involving rates, routes or service, the state wasn't going to touch it; if it has to do with safety or insurance, the state will regulate it.
Where the interpretations become fuzzy are circumstances where safety and rates, routes and service intersect.
"The industry has been deregulated, then reregulated because a bunch of bad actors got into the towing business," said Clark Whitney, regional manager of Quality Towing and SST Towing in Las Vegas. "They'd be called to clear an accident asking an astronomical price. For a dealership, they'd tow a car for $35, but when they get called by police, it's $135."
Whitney said years ago, when the TSA first began regulating his industry, agents were too heavy handed.
"They checked our tariff and if one of our drivers made a mistake and charged $10 less than they should have, we would get a $5,000 ticket," he said.
Whitney said much has changed with the TSA and the new regulations represent progress for his industry.
"They make sure the trucks are safe and that companies have the right amount of insurance required by law," he said.
But Commissioner Kimberly Maxson-Rushton, who will conduct Wednesday's session on charter buses, said she expects a wide variety of opinions to be expressed about TSA regulation.
On charter bus regulations, lines are further blurred by how to define a bus. Several limousine companies operating in Southern Nevada have designed "party buses" designed to shuttle large numbers of passengers around the city with music and drinks on board.
Rushton said large numbers of operators of buses that transport passengers to Southern Nevada seek extra income at various pickup points around the city, including the airport and local convention centers.
The state's proposed temporary regulation on charter buses spells out allowable solicitation techniques, but some operators may argue whether solicitation constitutes a safety issue.
TSA officials point out that they also are entrusted with protecting the public interest and a bus driver who solicits rides and charges on a per-capita basis is likely to be violating terms of the company's tariff with the state.
The rule changes ahead for taxis won't have an effect on the local industry because the TSA is charged with regulating cabs in all but Clark County, which is overseen by the Nevada Taxicab Authority.
The taxi regulation debate will center around an updated agreement allowing companies to lease their vehicles to individual drivers and the responsibilities of the company and its lessees.
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