Chapter 60 — MOTOR VEHICLES
1,102 sections in this chapter.
Neb. Rev. Stat. § 60-127 Patrol, defined.
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Patrol means the Nebraska State Patrol.
Neb. Rev. Stat. § 60-128 Rear clip, defined.
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Rear clip means two or more of the following, all dismantled from the same vehicle: A quarter panel or fender; a floor panel assembly; or a trunk lid or gate.
Neb. Rev. Stat. § 60-128.01 Reconstructed, defined.
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Reconstructed means the designation of a vehicle which was permanently altered from its original design construction by removing, adding, or substituting major component parts.
Neb. Rev. Stat. § 60-128.02 Replica, defined.
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Replica means the designation of a vehicle which resembles a specific manufacturer's make and model that is at least thirty years old and which has been assembled as a kit vehicle.
Neb. Rev. Stat. § 60-129 Semitrailer, defined.
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Semitrailer means any trailer so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle. Semitrailer does not include an auxiliary axle or a car toter or tow dolly.
Neb. Rev. Stat. § 60-130 Situs, defined.
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Situs means the tax district where a vehicle is stored and kept for the greater portion of the calendar year. For a vehicle used or owned by a student, the situs is at the place of residence of the student if different from the place at which he or she is attending school.
Neb. Rev. Stat. § 60-1301 Weighing stations; portable scales; purpose; location; effect as evidence of weight determination; reweighing, when required; pickup trucks; exception; Nebraska State Patrol; rules and regulations.
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In order to promote public safety, to preserve and protect the state highways and bridges and prevent immoderate and destructive use of the same, and to enforce the motor vehicle registration laws, the Department of Transportation shall have the responsibility to construct, maint…
Neb. Rev. Stat. § 60-1302 Eminent domain; procedure.
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The Department of Transportation is hereby authorized to take, hold, and acquire by eminent domain so much real estate as may be necessary and convenient to carry out the provisions of section 60-1301. The procedure to condemn property shall be exercised in the manner set forth i…
Neb. Rev. Stat. § 60-1303 Weighing stations; portable scales; operation; carrier enforcement division; rules and regulations.
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(1) The Nebraska State Patrol is hereby designated as the agency to operate the weighing stations and portable scales and to perform carrier enforcement duties. (2)(a) On and after July 20, 2002, officers of the Nebraska State Patrol appointed to operate the weighing stations and…
Neb. Rev. Stat. § 60-1304 Carrier enforcement officers; transfer; retirement options.
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(1) Carrier enforcement officers described in subdivision (2)(b) of section 60-1303 who, on or after July 20, 2002, are transferred to the Nebraska State Patrol and become officers of the Nebraska State Patrol with the powers and duties prescribed in sections 81-2001 to 81-2009 s…
Neb. Rev. Stat. § 60-1305 Carrier enforcement officers; uniform; badge.
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When the carrier enforcement officers are on duty as such, they shall be dressed in a distinctive uniform and display a distinctive badge of office. The superintendent of the Nebraska State Patrol shall issue a distinctive badge of office, with a seal of this state in the center …
Neb. Rev. Stat. § 60-1306 Carrier enforcement officers; powers; funding of firearms.
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The carrier enforcement officers shall have the power (1) of peace officers solely for the purpose of enforcing the International Fuel Tax Agreement Act and the provisions of law relating to the size, weight, and load and the Motor Vehicle Registration Act pertaining to buses, mo…
Neb. Rev. Stat. § 60-1307 Size, weight, load, and registration violations; summons; hearing; promise to appear; violation; penalty; nonresidents, personal appearance required; motor vehicle; seizure and detention; when; release.
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(1) Whenever any person is arrested at one of the state weighing stations or portable scales for a violation of the laws relating to the trip permit provided in section 66-1418, the Motor Vehicle Registration Act, or the laws relating to the size, weight, and load of buses, truck…
Neb. Rev. Stat. § 60-1308 Failure to stop at weighing station or portable scale; violation; penalty.
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The driver of any motor truck, truck-tractor, semitrailer, trailer, or towed vehicle who fails to obey any sign, message board, or in-cab signal from any state weighing station or portable scale or who knowingly passes or bypasses any state weighing station or portable scale, whe…
Neb. Rev. Stat. § 60-1309 Resisting arrest; disobeying order; violation; penalty.
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Any person who fails or refuses to obey any lawful order of a carrier enforcement officer or who resists lawful arrest by any such officer shall be deemed guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 60-131 Specially constructed vehicle, defined.
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Specially constructed vehicle means a vehicle which was not originally constructed under a distinctive name, make, model, or type by a manufacturer of vehicles. The term specially constructed vehicle includes kit vehicle.
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 …