Chapter 60, MOTOR VEHICLES
1,357 sections in this chapter.
Neb. Rev. Stat. § 60-132 Superintendent, defined.
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Superintendent means the Superintendent of Law Enforcement and Public Safety.
Neb. Rev. Stat. § 60-133 Trailer, defined.
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Trailer means any device without motive power designed for carrying persons or property and being towed by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Trailer does not include an auxiliary axle or a car toter or tow dolly.
Neb. Rev. Stat. § 60-134 Truck, defined.
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Truck means any motor vehicle designed, used, or maintained primarily for the transportation of property or designated as a truck by the manufacturer.
Neb. Rev. Stat. § 60-135 Utility trailer, defined.
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Utility trailer means a trailer having a gross weight, including load thereon, of nine thousand pounds or less.
Neb. Rev. Stat. § 60-135.01 Utility-type vehicle, defined.
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(1) Utility-type vehicle means any motorized off-highway device which (a) is seventy-four inches in width or less, (b) is not more than one hundred eighty inches, including the bumper, in length, and (c) travels on four or more nonhighway tires. (2) Utility-type vehicle does not …
Neb. Rev. Stat. § 60-136 Vehicle, defined.
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Vehicle means a motor vehicle, all-terrain vehicle, utility-type vehicle, minibike, trailer, or semitrailer.
Neb. Rev. Stat. § 60-136.01 Vehicle identification number, defined.
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Vehicle identification number means a series of English letters or Arabic or Roman numerals assigned to a vehicle for identification purposes.
Neb. Rev. Stat. § 60-137 Act; applicability.
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(1) The Motor Vehicle Certificate of Title Act applies to all vehicles as defined in the act, except: (a) Farm trailers; (b) Fertilizer trailers; (c) Well-boring apparatus, backhoes, bulldozers, and front-end loaders; and (d) Trucks and buses from other jurisdictions required to …
Neb. Rev. Stat. § 60-138 Manufacturer's or importer's certificate; vehicle identification number.
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No manufacturer, importer, dealer, or other person shall sell or otherwise dispose of a new vehicle to a dealer to be used by such dealer for purposes of display and resale without (1) delivering to such dealer a duly executed manufacturer's or importer's certificate with such as…
Neb. Rev. Stat. § 60-139 Certificate of title; vehicle identification number; required; when.
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Except as provided in section 60-137, 60-138, 60-142, or 60-142.01, no person shall sell or otherwise dispose of a vehicle without (1) delivering to the purchaser or transferee of such vehicle a certificate of title with such assignments thereon as are necessary to show title in …
Neb. Rev. Stat. § 60-140 Acquisition of vehicle; proof of ownership; effect.
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(1) Except as provided in section 60-164, no person acquiring a vehicle from the owner thereof, whether such owner is a manufacturer, importer, dealer, or entity or person, shall acquire any right, title, claim, or interest in or to such vehicle until the acquiring person has had…
Neb. Rev. Stat. § 60-1401 Motor Vehicle Industry Regulation Act, how cited; applicability of amendments.
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Sections 60-1401 to 60-1441 shall be known and may be cited as the Motor Vehicle Industry Regulation Act. Any amendments to the act shall apply to franchises subject to the act which are entered into, amended, altered, modified, renewed, or extended after the date of the amendmen…
Neb. Rev. Stat. § 60-1401.01 Legislative findings and declaration.
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(1) The Legislature finds and declares that the distribution and sales of motor vehicles, motorcycles, and trailers in the State of Nebraska vitally affects the general economy of the state, the public interest, the public welfare, and public safety and that in order to promote t…
Neb. Rev. Stat. § 60-1401.02 Definitions, where found.
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For purposes of the Motor Vehicle Industry Regulation Act, the definitions found in sections 60-1401.03 to 60-1401.40, 60-1401.42, and 60-1401.43 apply.
Neb. Rev. Stat. § 60-1401.03 Association, defined.
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Association means any two or more persons acting with a common purpose, regardless of the relative degrees of involvement, and includes, but is not limited to, the following persons so acting: (1) A person and one or more of his or her family members. For purposes of this subdivi…
Neb. Rev. Stat. § 60-1401.04 Auction, defined.
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Auction means a sale of motor vehicles and trailers of types required to be registered in this state, except such vehicles as are eligible for registration pursuant to section 60-3,198, sold or offered for sale at which the price offered is increased by the prospective buyers who…
Neb. Rev. Stat. § 60-1401.05 Auction dealer, defined.
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Auction dealer means any person engaged in the business of conducting an auction for the sale of motor vehicles and trailers.
Neb. Rev. Stat. § 60-1401.06 Board, defined.
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Board means the Nebraska Motor Vehicle Industry Licensing Board.
Neb. Rev. Stat. § 60-1401.07 Bona fide consumer, defined.
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Bona fide consumer means an owner of a motor vehicle, motorcycle, or trailer who has acquired such vehicle for use in business or for pleasure purposes, who has been granted a certificate of title on such motor vehicle, motorcycle, or trailer, and who has registered such motor ve…
Neb. Rev. Stat. § 60-1401.08 Coerce, defined.
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Coerce means to compel a dealer or manipulate a dealer to behave in an involuntary way, whether through action or inaction, by use of threats, intimidation, trickery, or some other form of pressure or force.
Neb. Rev. Stat. § 60-1401.09 Community, defined.
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Community means a franchisee's area of responsibility as stipulated in the franchise or, if the franchise fails to designate a community, (1) the community of the franchisee is the area surrounding the location of the franchisee in a five-mile radius from the dealership if the lo…
Neb. Rev. Stat. § 60-1401.10 Consumer care, defined.
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Consumer care means the performance, for the public, of necessary maintenance and repairs to motor vehicles.
Neb. Rev. Stat. § 60-1401.11 Dealer's agent, defined.
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Dealer's agent means a person who acts as a buying agent for one or more motor vehicle dealers, motorcycle dealers, or trailer dealers.
Neb. Rev. Stat. § 60-1401.12 Designated family member, defined.
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Designated family member means the spouse, child, grandchild, parent, brother, or sister of the owner of a new motor vehicle dealership who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealership under the terms of the …
Neb. Rev. Stat. § 60-1401.13 Distributor, defined.
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Distributor means a person, resident or nonresident of this state, who, in whole or in part, sells or distributes new motor vehicles, trailers, or motorcycles to dealers or who maintains distributors or representatives who sell or distribute motor vehicles, trailers, or motorcycl…
Neb. Rev. Stat. § 60-1401.14 Distributor representative, defined.
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Distributor representative means a representative employed by a distributor or distributor branch for the same purpose as set forth in the definition of factory representative.
Neb. Rev. Stat. § 60-1401.15 Established place of business, defined.
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(1) Established place of business means a permanent location within this state, easily accessible to the public, owned or leased by the applicant or a licensee for at least the term of the license year, and conforming with applicable zoning laws, at which the licensee conducts th…
Neb. Rev. Stat. § 60-1401.16 Factory branch, defined.
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Factory branch means a branch office maintained in this state by a person who manufactures, assembles, or distributes motor vehicles, motorcycles, or trailers for the sale of such motor vehicles, motorcycles, or trailers to distributors or dealers or for directing or supervising,…
Neb. Rev. Stat. § 60-1401.17 Factory representative, defined.
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Factory representative means a representative employed by a person who manufactures or assembles motor vehicles, motorcycles, or trailers, or by a factory branch, for the purpose of promoting the sale of its motor vehicles, motorcycles, or trailers to, or for supervising or conta…
Neb. Rev. Stat. § 60-1401.18 Finance company, defined.
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Finance company means any person engaged in the business of financing sales of motor vehicles, motorcycles, or trailers, or purchasing or acquiring promissory notes, secured instruments, or other documents by which the motor vehicles, motorcycles, or trailers are pledged as secur…
Neb. Rev. Stat. § 60-1401.19 Franchise, defined.
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Franchise means a contract between two or more persons when all of the following conditions are included: (1) A commercial relationship of definite duration or continuing indefinite duration is involved; (2) The franchisee is granted the right to offer and sell motor vehicles man…
Neb. Rev. Stat. § 60-1401.20 Franchisee, defined.
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Franchisee means a new motor vehicle dealer who receives motor vehicles from the franchisor under a franchise and who offers and sells such motor vehicles to the general public.
Neb. Rev. Stat. § 60-1401.21 Franchisor, defined.
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Franchisor means a person who manufactures or distributes motor vehicles and who may enter into a franchise.
Neb. Rev. Stat. § 60-1401.22 Line-make, defined.
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Line-make means a collection of models, series, or groups of motor vehicles manufactured by or for a particular manufacturer, distributor, or importer that are offered for sale, lease, or distribution pursuant to a common brand name or mark, except that: (1) Multiple brand names …
Neb. Rev. Stat. § 60-1401.23 Manufactured home, defined.
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Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent c…
Neb. Rev. Stat. § 60-1401.24 Manufacturer, defined.
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(1) Manufacturer means any person, whether a resident or nonresident of this state, who is engaged in the business of distributing, manufacturing, or assembling a line-make of new motor vehicles, trailers, or motorcycles, and includes any such person who distributes such motor ve…
Neb. Rev. Stat. § 60-1401.25 Motor vehicle, defined.
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Motor vehicle means any vehicle for which evidence of title is required as a condition precedent to registration under the laws of this state but does not include trailers. Motor vehicle also means any engine, transmission, or rear axle, regardless of whether attached to a vehicl…
Neb. Rev. Stat. § 60-1401.26 Motor vehicle dealer, defined.
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Motor vehicle dealer means any person, other than a bona fide consumer, actively and regularly engaged in the act of selling, leasing for a period of thirty or more days, or exchanging new or used motor vehicles, trailers, and manufactured homes who buys, sells, exchanges, causes…
Neb. Rev. Stat. § 60-1401.27 Motor vehicle, motorcycle, or trailer salesperson, defined.
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Motor vehicle, motorcycle, or trailer salesperson means any person who, for a salary, commission, or compensation of any kind, is employed directly by only one specified licensed Nebraska motor vehicle dealer, motorcycle dealer, or trailer dealer, except when the salesperson is w…
Neb. Rev. Stat. § 60-1401.28 Motorcycle, defined.
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Motorcycle means every motor vehicle, except a tractor, having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground and for which evidence of title is required as a condition precedent to registration under the laws…
Neb. Rev. Stat. § 60-1401.29 Motorcycle dealer, defined.
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Motorcycle dealer means any person, other than a bona fide consumer, actively and regularly engaged in the business of selling or exchanging new or used motorcycles.
Neb. Rev. Stat. § 60-1401.30 New motor vehicle, defined.
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New motor vehicle means all motor vehicles which are not included within the definition of a used motor vehicle.
Neb. Rev. Stat. § 60-1401.31 Person, defined.
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Person means every natural person, firm, partnership, limited liability company, association, or corporation.
Neb. Rev. Stat. § 60-1401.32 Retail, defined.
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Retail, when used to describe a sale, means a sale to any person other than a licensed dealer of any kind licensed under the Motor Vehicle Industry Regulation Act.
Neb. Rev. Stat. § 60-1401.33 Sale and selling, defined.
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Sale, selling, and equivalent expressions mean the attempted act or acts either as principal, agent, or salesperson or in any capacity whatsoever of selling, bartering, exchanging, or otherwise disposing of or negotiating or offering or attempting to negotiate the sale, purchase,…
Neb. Rev. Stat. § 60-1401.34 Scrap metal processor, defined.
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Scrap metal processor means any person engaged in the business of buying vehicles, motorcycles, or parts thereof for the purpose of remelting or processing into scrap metal or who otherwise processes ferrous or nonferrous metallic scrap for resale. No scrap metal processor shall …
Neb. Rev. Stat. § 60-1401.35 Supplemental motor vehicle, trailer, motorcycle, or motor vehicle auction dealer, defined.
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Supplemental motor vehicle, trailer, motorcycle, or motor vehicle auction dealer means any person holding either a motor vehicle, trailer, motorcycle, or motor vehicle auction dealer's license engaging in the business authorized by such license at a place of business that is more…
Neb. Rev. Stat. § 60-1401.36 Trailer, defined.
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Trailer means semitrailers and trailers as defined in sections 60-348 and 60-354, respectively, which are required to be licensed as commercial trailers, other vehicles without motive power constructed so as to permit their being used as conveyances upon the public streets and hi…
Neb. Rev. Stat. § 60-1401.37 Trailer dealer, defined.
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Trailer dealer means any person, other than a bona fide consumer, actively and regularly engaged in the business of selling or exchanging new or used trailers and manufactured homes.
Neb. Rev. Stat. § 60-1401.38 Used motor vehicle, defined.
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Used motor vehicle means every motor vehicle which has been sold, bargained, exchanged, or given away or for which title has been transferred from the person who first acquired it from the manufacturer, importer, dealer, or agent of the manufacturer or importer. A new motor vehic…