By Jerry Carter. The Nevada Transportation Authority (“NTA”) cited a business for advertising and performing moving services within the State of Nevada without holding the required license. The NTA later upheld the citation in an administrative hearing. However, the Washoe County Business Court entered an August 20, 2012 Order overturning the citation on the basis that it was not supported by substantial evidence.
In response to a complaint by a competitor, an NTA investigator went to a home where the business was loading a moving truck. The business claimed that it was only loading the truck and was not hired to drive the truck. Nevertheless, the NTA investigator cited the business.
The Washoe County Business Court overturned the citation. Although the customer at the scene stated that he was not going to drive the truck, the customer’s statements were not technically inconsistent with the business owner’s statement that the business was not hired to drive the truck either. Moreover, because the citation was issued while the truck was being loaded, there was no evidence that any employee or affiliate of the business actually drove the truck. Furthermore, even though the business advertises that it performs moves across state lines, the business does not advertise that it performs moves within the State of Nevada. Only the latter would fall under the NTA’s jurisdiction.