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. ) Docket No.

Hynes, President of the United Taxicab Drivers )
)
Corporation for an application for Advisory )
Opinion pursuant to NAC 706.4007 Declaratory )
orders and advisory opinions: Petition; hearings )
concerning the applicability of a statute. )

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 driver

improve wages and working conditions.

All correspondence can be mailed to Hynes’ current residence, or personal email address:

Randell S. Hynes
6180 S. Torrey Pines Dr.
Las Vegas, NV 89118
(702) 456-2899
randy@hynes.com
…
 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 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;

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 don’t 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.

…
 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 traditional

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 of
passengers 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.

…
 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 don’t permit their drivers to cruise or stage and solicit for rides. However, that’s 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’t

even know each other if the drivers weren’t unlawfully close to the taxi stand, display camaraderie

with hotel employees. Drivers are there because their employers haven’t 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 taxi

stand. Limousine drivers pay hotel employees for the service.

It’s 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
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 hotel

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 Unlawful

acts; criminal penalties.

Hynes respectfully submits this Petition seeking the opinion of the Authority.

DATED this ______ day of December 2008.

By: ____________________
Randell S. Hynes
6180 S. Torrey Pines Drive
Las Vegas, NV 89118
(702) 456-2899
 OATH

STATE OF NEVADA )
) 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 Nevada
County of ____________

Sworn to and subscribed before me on

this ______ day of ___________, 2008 by _____________________

______________________
Notary Public

My Commission Expires:

__________________