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208 sections in this chapter.
Neb. Rev. Stat. § 75-315 Certificates; permits; effective date; revocation or suspension; grounds.
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Permits and certificates shall be effective from the dates specified in the permits and certificates and shall remain in effect until terminated as provided in this section and section 75-316. A permit or certificate may, upon application of the permit or certificate holder, in t…
Neb. Rev. Stat. § 75-316 Suspension of service; approval of commission; voluntary revocation of certificate or permit.
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Except for circumstances beyond the control of the regulated motor carrier, such as strikes against such carrier, acts of God, and the common enemy, service under a certificate of public convenience and necessity or a permit shall not be suspended without first obtaining approval…
Neb. Rev. Stat. § 75-318 Sale, transfer, lease, or consolidation; application; hearing; approval of commission required.
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It shall be lawful, only under the conditions specified in this section, for any regulated motor carrier or person or for two or more regulated motor carriers to: (1) Consolidate or merge their properties or any part thereof or certificates of public convenience and necessity or …
Neb. Rev. Stat. § 75-319 Sale, transfer, lease, or consolidation; temporary approval.
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(1) Pending the determination of an application filed under section 75-318, the commission may, in its discretion, after not less than five days' notice to interested carriers, and without hearings or other proceedings, grant temporary approval, for a period not exceeding ninety …
Neb. Rev. Stat. § 75-320 Sale or transfer of stock ownership; change in partnership or limited liability company; approval of commission; hearing.
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No transfer, assignment, or sale of stock or change of stock ownership or any interest therein which will directly or indirectly result in a transfer, assignment, sale, or change in the control of the corporation holding a certificate or permit, and no change of one or more of th…
Neb. Rev. Stat. § 75-321 Certificate; permit; death or incompetency of holder; transfer; approval of commission.
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Upon the death of an individual holder of a certificate or permit, or upon an individual certificate or permit holder being legally declared mentally incompetent, the authority conferred by such certificate shall continue with the legal representative of the deceased or mentally …
Neb. Rev. Stat. § 75-322 Certificate; permit; trustee, receiver, or assignee; continue operations; petition; order of commission.
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If a trustee, receiver, assignee, custodian, or similar officer or officers, shall be appointed by a court of competent jurisdiction, or shall be selected by creditors in accordance with provisions of law, with authority to take or retain possession and to operate the property an…
Neb. Rev. Stat. § 75-323 Terms, defined.
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For purposes of sections 75-301 to 75-343, unless the context otherwise requires: (1) Application open stage means the time period from the moment a participating driver logs on to the transportation network company's online-enabled application or platform until the driver accept…
Neb. Rev. Stat. § 75-324 Operation of transportation network company; permit required; application; contents; commission; duties.
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(1) No person shall operate a transportation network company in Nebraska without first obtaining a permit from the commission. The application for a permit shall be in writing, under oath, submitted to the commission, and accompanied by the fee required under section 75-305. A du…
Neb. Rev. Stat. § 75-325 Transportation network company; duties; driver; duties; complaints; commission; powers.
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(1) Every transportation network company shall: (a) Provide the commission with its email address and customer service telephone number; (b) Display for the passenger either a picture of the driver's personal vehicle and a picture of the driver or the license plate number of the …
Neb. Rev. Stat. § 75-326 Participating driver; requirements; criminal history record information check.
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(1) A participating driver must possess a valid driver's license, proof of registration, and proof of automobile liability insurance and be at least twenty-one years of age. (2) Prior to permitting a person to act as a driver, the transportation network company shall obtain and r…
Neb. Rev. Stat. § 75-327 Prearranged ride required; limit on hours; dynamic pricing; filing of rates; receipt; contents.
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(1) A participating driver shall not provide a ride unless it is a prearranged ride. No person shall be a participating driver for a period of more than twelve hours during each twenty-four-hour period. (2)(a) A transportation network company may offer service for compensation, n…
Neb. Rev. Stat. § 75-328 Use of personal vehicle; requirements; initial safety inspection; annual inspection; reports available.
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(1) In order to be used under sections 75-323 to 75-343, a personal vehicle shall be in compliance with the Motor Vehicle Registration Act as required for a passenger car as defined in section 60-345. (2) A transportation network company or a certified mechanic shall perform an i…
Neb. Rev. Stat. § 75-329 Inspection of records; complaint; commission powers; treatment of records.
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(1) The commission or the employees or duly authorized agents of the commission may, in a mutually agreed-upon setting, inspect any records held by a transportation network company which the commission determines are necessary to review to ensure public safety, including informat…
Neb. Rev. Stat. § 75-330 Noncompete provision.
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A transportation network company shall not require a participating driver to sign an agreement not to compete with the company in order to be matched with passengers through the company's online-enabled application or platform.
Neb. Rev. Stat. § 75-331 Transportation Network Company Regulation Cash Fund; created; use; investment.
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The Transportation Network Company Regulation Cash Fund is created. The commission shall use the fund to carry out the policies described in section 75-301, including, but not limited to, the regulation of transportation network companies and the enforcement of sections 75-323 to…
Neb. Rev. Stat. § 75-332 Driver; disclosure by transportation network company; contents; acknowledgment; notice to lienholder; record.
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(1) Prior to permitting a person to act as a driver, a transportation network company shall disclose in writing to each participating driver: (a) The insurance coverage, the limits of liability, and any deductible amounts that the transportation network company maintains while th…
Neb. Rev. Stat. § 75-333 Transportation network company insurance; requirements.
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(1) Beginning on September 1, 2015, a transportation network company and a participating driver shall maintain transportation network company insurance as provided in this section. Unless otherwise specified, the following requirements shall apply to transportation network compan…
Neb. Rev. Stat. § 75-334 Transportation network company insurance during application open stage; requirements.
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(1) Beginning on September 1, 2015, the following requirements shall apply to transportation network company insurance during the application open stage: (a) Transportation network company insurance shall be primary and in the amount of at least twenty-five thousand dollars for d…
Neb. Rev. Stat. § 75-335 Coverage of insurance; certificate of insurance; filing required.
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(1) Coverage under a transportation network company insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim nor shall a personal automobile insurance policy, including a personal liability umbrella policy, be required to first deny …
Neb. Rev. Stat. § 75-336 Liability; certain payments; how treated.
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(1) Sections 75-323 to 75-343 shall not limit the liability of a transportation network company arising out of an automobile accident involving a participating driver in any action for damages against a transportation network company for an amount above the required insurance cov…
Neb. Rev. Stat. § 75-337 Owner of personal vehicle; duty.
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The owner of any personal vehicle used in connection with a transportation network company shall have the duty to maintain collision physical damage coverage and comprehensive physical damage coverage for transportation network company activity if the vehicle is required to carry…
Neb. Rev. Stat. § 75-338 Sections; how construed.
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Nothing in sections 75-323 to 75-343 shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage during the period of time from the moment a participating driver logs on to a transportation network company's online-enabled a…
Neb. Rev. Stat. § 75-339 Personal automobile insurer; policy, amendment, or endorsement; contents.
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Notwithstanding any other law, a personal automobile insurer may, at its discretion, offer an automobile insurance policy, or an amendment or endorsement to an existing policy, that covers a private passenger motor vehicle, station wagon type vehicle, sport utility vehicle, or si…
Neb. Rev. Stat. § 75-340 Cooperation with insurers; maintenance of records.
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(1) In a claims coverage investigation, a transportation network company or its insurer shall cooperate with insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of dates and times at which an accident …
Neb. Rev. Stat. § 75-341 Participating driver; proof of insurance coverage.
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A participating driver shall carry proof of transportation network company insurance coverage with him or her at all times during his or her use of a vehicle in connection with a transportation network company's online-enabled application or platform. In the event of an accident,…
Neb. Rev. Stat. § 75-342 Certain services; specific authorization from commission or license required; conditions; exception.
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(1) No transportation network company or participating driver shall provide transportation for any person under contract with the Department of Health and Human Services or any contractors of the Department of Health and Human Services without specific authorization from the comm…
Neb. Rev. Stat. § 75-343 Report; contents.
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The commission shall electronically provide the Legislature with an annual report before December 31 of each year on the status of the implementation of sections 75-323 to 75-342. The report shall describe (1) the number of permits issued pursuant to section 75-324, (2) a descrip…
Neb. Rev. Stat. § 75-362 Federal regulations; terms, defined.
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For purposes of sections 75-362 to 75-369.07, unless the context otherwise requires: (1) Accident means: (a) Except as provided in subdivision (b) of this subdivision, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce w…
Neb. Rev. Stat. § 75-363 Federal motor carrier safety regulations; provisions adopted; exceptions.
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(1) The parts, subparts, and sections of Title 49 of the Code of Federal Regulations listed below, as modified in this section, or any other parts, subparts, and sections referred to by such parts, subparts, and sections, in existence and effective as of the date specified in sec…
Neb. Rev. Stat. § 75-364 Additional federal motor carrier regulations; provisions adopted.
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The parts, subparts, and sections of Title 49 of the Code of Federal Regulations listed below, or any other parts, subparts, and sections referred to by such parts, subparts, and sections, in existence and effective as of the date specified in section 75-365, are adopted as part …
Neb. Rev. Stat. § 75-365 Federal motor carrier regulations; definitions; applicability; report; requirements; adoption by reference; when effective.
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(1) Definitions contained in the regulations referred to in sections 75-363 and 75-364 shall only apply to such regulations. (2) When the regulations referred to in sections 75-363 and 75-364 require that any person submit a report to the United States Department of Transportatio…
Neb. Rev. Stat. § 75-366 Enforcement powers.
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For the purpose of enforcing Chapter 75, article 3, any officer of the Nebraska State Patrol may, upon demand, inspect the accounts, records, and equipment of any motor carrier or shipper. Any officer of the Nebraska State Patrol shall have the authority to enforce the federal mo…
Neb. Rev. Stat. § 75-367 Violations; penalty.
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Any person who violates any of the provisions adopted under section 75-363 or 75-364 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 75-368 Nebraska State Patrol; carrier enforcement division; adopt rules and regulations; prior rules and regulations; effect.
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(1) The Nebraska State Patrol or the carrier enforcement division may adopt and promulgate rules and regulations as are necessary to carry out and enforce sections 75-362 to 75-369.07. (2) The rules and regulations utilized by the Public Service Commission to administer any funct…
Neb. Rev. Stat. § 75-369 Nebraska State Patrol; provide declaration of safety regulations; distribution; acknowledgment of applicant.
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The Nebraska State Patrol shall provide each county treasurer and the Department of Motor Vehicles with copies of a declaration which states that the motor carrier safety regulations in sections 75-362 to 75-369.07 have been enacted into state law. The declaration shall be distri…
Neb. Rev. Stat. § 75-369.01 Nebraska State Patrol carrier enforcement division; safety audit or compliance review.
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Any officer of the Nebraska State Patrol carrier enforcement division may conduct a safety audit or compliance review of a motor carrier.
Neb. Rev. Stat. § 75-369.02 Safety rating; factors; notice.
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Following a compliance review of an intrastate motor carrier by an officer of the Nebraska State Patrol carrier enforcement division, the Nebraska State Patrol shall issue a safety rating of that motor carrier. The safety rating shall be based upon factors prescribed in 49 C.F.R.…
Neb. Rev. Stat. § 75-369.03 Violations; civil penalty; referral to federal agency or Public Service Commission; when.
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(1) The Superintendent of Law Enforcement and Public Safety may issue an order imposing a civil penalty against a motor carrier transporting persons or property in interstate commerce for a violation of sections 75-392 to 75-3,100 or against a motor carrier transporting persons o…
Neb. Rev. Stat. § 75-369.04 Civil penalty; order; contents; collection.
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Any order issued by the Superintendent of Law Enforcement and Public Safety under section 75-369.03 shall include at least (1) the date of the order, (2) a description of each act or omission upon which the violation is based, (3) the manner in which and the place where the respo…
Neb. Rev. Stat. § 75-369.05 Notice or order; service.
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Any notice or order provided for in sections 75-369.01 to 75-369.07 shall be personally served on the respondent or on the person authorized by the respondent to receive notices and orders or shall be sent by registered mail or certified mail, return receipt requested, to the las…
Neb. Rev. Stat. § 75-369.06 Unpaid civil penalties; collection.
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Civil penalties assessed pursuant to section 75-369.03 and unpaid shall constitute a debt to the State of Nebraska which may be collected in the form of a lien foreclosure or recovered in a proper form of action in the name of the State of Nebraska in the district court of Lancas…
Neb. Rev. Stat. § 75-369.07 Summary order; hearing; procedure; final order; appeal.
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(1) If no hearing is requested and none is ordered by the Superintendent of Law Enforcement and Public Safety, the summary order shall automatically become a final order after fifteen business days after receipt of the order pursuant to section 75-369.05. (2) If a hearing is requ…
Neb. Rev. Stat. § 75-370 Insurance, bond, certificate, and permit requirements; enforcement; duties.
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Enforcement of sections 75-307 and 75-309 shall be carried out by the carrier enforcement division of the Nebraska State Patrol or the Nebraska State Patrol pursuant to the rules and regulations adopted and promulgated by the commission to enforce such sections. Any violation of …
Neb. Rev. Stat. § 75-371 Insurance, bond, certificate, and permit requirements; violations; penalty.
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Any person, private carrier, common carrier, or contract carrier which operates any motor vehicle in violation of section 75-307 or any rule, regulation, or order of the commission pertaining to such section shall be guilty of a Class IV misdemeanor. Each day of such violation sh…
Neb. Rev. Stat. § 75-385 Division of Motor Carrier Services; established; Administrator of Motor Carrier Services.
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The Division of Motor Carrier Services is established within the Department of Motor Vehicles and shall be headed by the Administrator of Motor Carrier Services. The administrator shall administer the affairs of the division.
Neb. Rev. Stat. § 75-386 Division of Motor Carrier Services; duties.
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The Division of Motor Carrier Services shall: (1) Foster, promote, and preserve the motor carrier industry of the State of Nebraska; (2) Protect and promote the public health and welfare of the citizens of the state by ensuring that the motor carrier industry is operated in an ef…
Neb. Rev. Stat. § 75-389 Rules and regulations.
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The Division of Motor Carrier Services shall adopt and promulgate rules and regulations necessary to carry out its powers and duties.
Neb. Rev. Stat. § 75-391 Motor carrier transportation contracts; exculpatory provisions prohibited.
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(1) A provision, a clause, a covenant, or an agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless or has the effect of indemnifying, defending, or holding harmless the motor carrier transp…
Neb. Rev. Stat. § 75-392 Terms, defined.
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For purposes of sections 75-392 to 75-3,100: (1) Director means the Director of Motor Vehicles; (2) Division means the Division of Motor Carrier Services of the Department of Motor Vehicles; and (3) Unified carrier registration plan and agreement means the plan and agreement esta…