Rolling adoption with a veto: what a director has six months to do
Nevada neither freezes the federal text nor lets it roll unexamined. It does something in between, and the mechanism has a clock in it.
NAC 706.297(1) adopts by reference “the regulations contained in 49 C.F.R. Parts 382, 383, 385, 387, 390 to 397, inclusive, 49 C.F.R. § 386.72 and Appendix G of 49 C.F.R. Chapter III, Subchapter B, as those regulations existed on February 27, 2018, and as subsequently revised by the United States Department of Transportation unless the Director of the Department of Motor Vehicles or the Director of the Department of Public Safety gives notice pursuant to subsection 4 that a revision is not suitable for this State,” subject to the five lettered exceptions.
February 27, 2018 is a base date rather than a freeze. Federal revisions published after it become part of the adopted material by default. What can stop them is a director’s determination that a revision is unsuitable for Nevada, and subsection 4 sets out how that has to happen: the director reviews the revision, and if it is found unsuitable, holds a public hearing to review the determination with notice given within six months after the date of publication of the revision. If after the hearing the determination stands, notice that the revision is unsuitable must be given within thirty days of the hearing. If neither director gives that notice, “the revision becomes part of the provision adopted by reference pursuant to subsection 1.”
So an operator checking whether a federal change has reached Nevada is checking for the absence of a notice rather than the presence of an adoption, and there is a six-month window in which the answer can still move. That is the opposite of the usual research task and it is easy to get backwards.
One of the lettered exceptions bears directly on driver age and runs alongside the two-tier definition above. NAC 706.297(1)(c) provides that section 391.11(b)(1) “applies only to drivers operating in interstate transportation and drivers transporting hazardous material, as defined in NRS 459.7024.” The federal minimum age provision is switched off for a purely intrastate, non-hazardous operation. Note that this sits outside the enumerated list in paragraph (c) in any event, since the only piece of Part 391 on that list is section 391.51.
The remaining exceptions are administrative substitutions: references to the Federal Motor Carrier Safety Administration and to its Administrator are amended to refer to the two Nevada departments and their directors. Subsection 2 gives enforcement officers of both departments the power, during regular business hours, to enter a carrier’s property to inspect its records, facilities and vehicles, “including space for cargo.”