reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-341 - Participating driver; proof of insurance coverage.

75-341.
Participating driver; proof of insurance coverage.
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, a participating driver shall, upon request, provide this insurance coverage information to any other party involved in the accident and to a law enforcement officer.
Source
Laws 2015, LB629, § 20.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-342 - Certain services; specific authorization from commission required.

75-342.
Certain services; specific authorization from commission required.
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 commission. In order to receive such authorization, the transportation network company or participating driver shall demonstrate that such service is or will be required by the present or future public convenience and necessity.
Source
Laws 2015, LB629, § 21.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-343 - Report; contents.

75-343.
Report; contents.
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 description of any revocation proceedings involving permits issued under sections 75-323 to 75-342, (3) the number of rides provided by taxicab carriers relative to historical numbers, (4) the number of taxicabs operated by taxicab carriers relative to historical numbers, (5) the number of drivers either employed or contracted by taxicab carriers relative to historical numbers, (6) the number of taxicab carriers authorized by the commission relative to historical numbers, and (7) any other information in its possession that the commission believes will assist the Legislature in evaluating the effectiveness of sections 75-323 to 75-342. The report shall also address the question of the need for further legislation to achieve the purposes of sections 75-323 to 75-342.
Source
Laws 2015, LB629, § 22.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-364 - Additional federal motor carrier regulations; provisions adopted.

75-364.
Additional federal motor carrier regulations; provisions adopted.
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 January 1, 2023, are adopted as part of Nebraska law and shall be applicable to all motor carriers whether engaged in interstate or intrastate commerce, drivers of such motor carriers, and vehicles of such motor carriers:
(1) Part 107 - HAZARDOUS MATERIALS PROGRAM PROCEDURES, subpart F - Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying Engineers;
(2) Part 107 - HAZARDOUS MATERIALS PROGRAM PROCEDURES, subpart G - Registration of Persons Who Offer or Transport Hazardous Materials;
(3) Part 171 - GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS;
(4) Part 172 - HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS;
(5) Part 173 - SHIPPERS - GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS;
(6) Part 177 - CARRIAGE BY PUBLIC HIGHWAY;
(7) Part 178 - SPECIFICATIONS FOR PACKAGINGS; and
(8) Part 180 - CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS.
Source
Laws 1986, LB 301, § 2;
Laws 1987, LB 538, § 1;
Laws 1988, LB 884, § 2;
Laws 1990, LB 980, § 30;
Laws 1991, LB 854, § 4;
Laws 1993, LB 410, § 2;
Laws 1994, LB 1061, § 6;
Laws 1995, LB 461, § 2;
Laws 1996, LB 938, § 5;
Laws 1997, LB 722, § 2;
Laws 1998, LB 1056, § 9;
Laws 1999, LB 161, § 2;
Laws 2000, LB 1361, § 12;
Laws 2001, LB 375, § 2;
Laws 2002, LB 499, § 6;
Laws 2003, LB 480, § 3;
Laws 2004, LB 878, § 2;
Laws 2005, LB 83, § 2;
Laws 2006, LB 1007, § 15;
Laws 2007, LB239, § 9;
Laws 2008, LB756, § 29;
Laws 2009, LB48, § 2;
Laws 2009, LB331, § 16;
Laws 2010, LB805, § 14;
Laws 2011, LB178, § 22;
Laws 2011, LB212, § 8;
Laws 2012, LB751, § 50;
Laws 2013, LB35, § 7;
Laws 2014, LB983, § 62;
Laws 2015, LB313, § 8;
Laws 2016, LB929, § 12;
Laws 2017, LB263, § 89;
Laws 2018, LB909, § 122;
Laws 2019, LB79, § 23;
Laws 2020, LB944, § 79;
Laws 2021, LB149, § 22;
Laws 2022, LB750, § 80;
Laws 2023, LB138, § 52.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-365 - Definitions; applicability; report; requirements.

75-365.
Definitions; applicability; report; requirements.
(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 Transportation or any other federal agency, that person shall also submit a copy of the report to the Nebraska State Patrol.
Source
Laws 1986, LB 301, § 3.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-366 - Enforcement powers.

75-366.
Enforcement powers.
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 motor carrier safety regulations, as such regulations existed on January 1, 2023, and federal hazardous materials regulations, as such regulations existed on January 1, 2023, and is authorized to enter upon, inspect, and examine any and all lands, buildings, and equipment of any motor carrier, any shipper, and any other person subject to the federal Interstate Commerce Act, the federal Department of Transportation Act, and other related federal laws and to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of a motor carrier, a shipper, and any other person subject to Chapter 75, article 3, for the purposes of enforcing Chapter 75, article 3. To promote uniformity of enforcement, the carrier enforcement division of the Nebraska State Patrol shall cooperate and consult with the Public Service Commission and the Division of Motor Carrier Services.
Source
Laws 1986, LB 301, § 4;
Laws 1987, LB 538, § 2;
Laws 1990, LB 980, § 31;
Laws 1995, LB 424, § 48;
Laws 1996, LB 1218, § 60;
Laws 2002, LB 93, § 18;
Laws 2003, LB 480, § 4;
Laws 2012, LB751, § 51;
Laws 2013, LB35, § 8;
Laws 2014, LB983, § 63;
Laws 2015, LB313, § 9;
Laws 2016, LB929, § 13;
Laws 2017, LB263, § 90;
Laws 2018, LB909, § 123;
Laws 2019, LB79, § 24;
Laws 2020, LB944, § 80;
Laws 2021, LB149, § 23;
Laws 2022, LB750, § 81;
Laws 2023, LB138, § 53.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-367 - Violations; penalty.

75-367.
Violations; penalty.
Any person who violates any of the provisions adopted under section 75-363 or 75-364 shall be guilty of a Class III misdemeanor.
Source
Laws 1986, LB 301, § 5;
Laws 1994, LB 414, § 79.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-368 - Nebraska State Patrol; carrier enforcement division; adopt rules and regulations; prior rules and regulations; effect.

75-368.
Nebraska State Patrol; carrier enforcement division; adopt rules and regulations; prior rules and regulations; effect.
(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 function or duty transferred to the Division of Motor Carrier Services on January 1, 1997, shall be administered as if adopted by the Division of Motor Carrier Services and shall remain effective until repealed, amended, modified, or reenacted by the Division of Motor Carrier Services.
Source
Laws 1986, LB 301, § 6;
Laws 1996, LB 1218, § 61;
Laws 2003, LB 480, § 5;
Laws 2006, LB 1007, § 16.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-369 - Nebraska State Patrol; provide declaration of safety regulations; distribution; acknowledgment of applicant.

75-369.
Nebraska State Patrol; provide declaration of safety regulations; distribution; acknowledgment of applicant.
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 distributed by the county treasurers and the Department of Motor Vehicles to each applicant for registration of commercial motor vehicles subject to sections 75-363 and 75-364. The applicant shall sign the registration form to acknowledge that the applicant has read the declaration and is aware that the motor carrier safety regulations are part of state law. Nothing in this section shall be construed to impose any liability upon any county treasurer or the Department of Motor Vehicles or any employee thereof as a result of any act or failure to act under this section.
Source
Laws 1986, LB 301, § 7;
Laws 2003, LB 480, § 6;
Laws 2006, LB 1007, § 17.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-369.01 - Nebraska State Patrol carrier enforcement division; safety audit or compliance review.

75-369.01.
Nebraska State Patrol carrier enforcement division; safety audit or compliance review.
Any officer of the Nebraska State Patrol carrier enforcement division may conduct a safety audit or compliance review of a motor carrier.
Source
Laws 1994, LB 358, § 1;
Laws 2006, LB 1007, § 18.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-369.02 - Safety rating; factors; notice.

75-369.02.
Safety rating; factors; notice.
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. part 385 — Safety Fitness Procedures adopted in section 75-363, portions of 49 C.F.R. chapter I adopted in section 75-364, and insurance requirements for intrastate motor carriers set forth by the Public Service Commission pursuant to section 75-307. The motor carrier shall be notified by the Nebraska State Patrol of such safety rating by certified or registered mail.
Source
Laws 1994, LB 358, § 2;
Laws 2006, LB 1007, § 19.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-369.04 - Civil penalty; order; contents; collection.

75-369.04.
Civil penalty; order; contents; collection.
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 respondent may pay the civil penalty or request a hearing within fifteen business days after receipt of the order, and (4) a notice that if the respondent fails to respond to the order within fifteen business days after receipt of the order, the order shall automatically become final and the civil penalty may be collected by civil action in the district court of Lancaster County.
Source
Laws 1994, LB 358, § 4.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-369.05 - Notice or order; service.

75-369.05.
Notice or order; service.
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 last-known address of the respondent or the person authorized to receive such notices and orders. A copy of the notice or order shall be filed in the records of the carrier enforcement division of the Nebraska State Patrol.
Source
Laws 1994, LB 358, § 5.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-369.06 - Unpaid civil penalties; collection.

75-369.06.
Unpaid civil penalties; collection.
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 Lancaster County. Any civil penalty collected shall be remitted on a monthly basis to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1994, LB 358, § 6;
Laws 2008, LB845, § 3.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-369.07 - Summary order; hearing; procedure; final order; appeal.

75-369.07.
Summary order; hearing; procedure; final order; appeal.
(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 requested or ordered, the superintendent shall appoint as hearing officer an attorney licensed to practice law in Nebraska. Every hearing pursuant to sections 75-369.01 to 75-369.07 shall be conducted in accordance with the Administrative Procedure Act.
(3) Every hearing in an administrative proceeding under this section shall be public unless the hearing officer grants a request joined in by all the respondents that the hearing be conducted privately.
(4) Upon agreement by all the parties any time before or during the hearing under this section, the hearing officer may compromise, mitigate, or aggravate any civil penalty. In determining the amount of the civil penalty, the hearing officer shall consider the appropriateness of the civil penalty in light of the gravity of the violation and the good faith of such violator in attempting to achieve compliance after notification of the violation.
(5) The hearing officer, within ten days after the conclusion of the hearing, shall make written findings of fact and conclusions of law to the superintendent. Such findings of fact and conclusions of law shall not be binding upon the superintendent.
(6) If a hearing is requested or ordered, the superintendent, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination.
(7) No final order or order after hearing may be returned by the superintendent without (a) appropriate notice to all interested persons, (b) opportunity for hearing to all interested persons, and (c) entry of written findings of fact and conclusions of law. Any order or decision of the superintendent may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1994, LB 358, § 7.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-370 - Insurance, bond, certificate, and permit requirements; enforcement; duties.

75-370.
Insurance, bond, certificate, and permit requirements; enforcement; duties.
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 such sections by any regulated motor carrier, motor carrier, or private carrier shall be referred to the commission for disposition under section 75-156, and the commission may take any other action provided by section 75-133.
Source
Laws 1990, LB 980, § 32;
Laws 1994, LB 414, § 80;
Laws 1995, LB 424, § 49;
Laws 1996, LB 1218, § 63;
Laws 2006, LB 1069, § 4;
Laws 2007, LB358, § 15.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-371 - Insurance, bond, certificate, and permit requirements; violations; penalty.

75-371.
Insurance, bond, certificate, and permit requirements; violations; penalty.
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 shall constitute a separate offense.
Source
Laws 1990, LB 980, § 33;
Laws 1994, LB 414, § 81;
Laws 1995, LB 424, § 50;
Laws 1996, LB 1218, § 64;
Laws 2006, LB 1069, § 5;
Laws 2007, LB358, § 16.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-385 - Division of Motor Carrier Services; established; Administrator of Motor Carrier Services.

75-385.
Division of Motor Carrier Services; established; Administrator of Motor Carrier Services.
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.
Source
Laws 1996, LB 1218, § 1;
Laws 2018, LB177, § 15.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-386 - Division of Motor Carrier Services; duties.

75-386.
Division of Motor Carrier Services; duties.
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 efficient and safe manner;
(3) Promote and provide for efficient and uniform governmental oversight of the motor carrier industry;
(4) Promote financial responsibility on the part of motor carriers operating in and through the State of Nebraska;
(5) Administer all provisions of the International Fuel Tax Agreement Act, the International Registration Plan Act, and the unified carrier registration plan and agreement pursuant to sections 75-392 to 75-3,100;
(6) Provide for the issuance of certificates of title to apportioned registered motor vehicles as provided for by subsection (6) of section 60-144; and
(7) Carry out such other duties and responsibilities as directed by the Legislature.
Source
Laws 1996, LB 1218, § 2;
Laws 2003, LB 563, § 41;
Laws 2005, LB 276, § 110;
Laws 2005, LB 284, § 4;
Laws 2007, LB358, § 17;
Laws 2009, LB331, § 18;
Laws 2020, LB944, § 82.
Cross References
International Fuel Tax Agreement Act, see section 66-1401.
International Registration Plan Act, see section 60-3,192.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-391 - Motor carrier transportation contracts; exculpatory provisions prohibited.

75-391.
Motor carrier transportation contracts; exculpatory provisions prohibited.
(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 transportation contract's promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the motor carrier transportation contract's promisee or any agents, employees, servants, or independent contractors who are directly responsible to the motor carrier transportation contract's promisee, is against the public policy of this state and is unenforceable.
(2) Nothing contained in this section affects a provision, a clause, a covenant, or an agreement in which a motor carrier indemnifies or holds harmless a motor carrier transportation contract's promisee against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier or its agents, employees, servants, or independent contractors who are directly responsible to the motor carrier.
(3) As used in this section:
(a) Motor carrier means any person who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport goods over any public highway in this state, whether in intrastate or interstate commerce;
(b) Motor carrier transportation contract means a contract, agreement, or understanding covering:
(i) The transportation of property for compensation or hire by a motor carrier;
(ii) The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or
(iii) A service incidental to activity described in subdivision (i) or (ii) of this subdivision, including, but not limited to, storage of property.
A motor carrier transportation contract does not include provisions of the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other provision, clause, covenant, or agreement providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment; and
(c) Promisee means the party to a motor carrier transportation contract who or which is not a motor carrier or, if the promisee is a motor carrier, is not the motor carrier actually doing the transporting.
Source
Laws 2006, LB 1007, § 21.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-392 - Terms, defined.

75-392.
Terms, defined.
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 established and authorized pursuant to 49 U.S.C. 14504a, as such section existed on January 1, 2023.
Source
Laws 2007, LB358, § 1;
Laws 2014, LB776, § 7;
Laws 2016, LB929, § 14;
Laws 2017, LB263, § 92;
Laws 2018, LB909, § 125;
Laws 2019, LB79, § 25;
Laws 2020, LB944, § 83;
Laws 2021, LB149, § 24;
Laws 2022, LB750, § 83;
Laws 2023, LB138, § 55.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-393 - Unified carrier registration plan and agreement; director; powers.

75-393.
Unified carrier registration plan and agreement; director; powers.
The director may participate in the unified carrier registration plan and agreement pursuant to the Unified Carrier Registration Act of 2005, 49 U.S.C. 13908, as the act existed on January 1, 2023, and may file on behalf of this state the plan required by such plan and agreement for enforcement of the act in this state.
Source
Laws 2007, LB358, § 2;
Laws 2009, LB331, § 19;
Laws 2011, LB212, § 9;
Laws 2012, LB751, § 52;
Laws 2013, LB35, § 9;
Laws 2014, LB776, § 8;
Laws 2015, LB313, § 10;
Laws 2016, LB929, § 15;
Laws 2017, LB263, § 93;
Laws 2018, LB909, § 126;
Laws 2019, LB79, § 26;
Laws 2020, LB944, § 84;
Laws 2021, LB149, § 25;
Laws 2022, LB750, § 84;
Laws 2023, LB138, § 56.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-394 - Registration under unified carrier registration plan and agreement; fees; authorization to accept registration.

75-394.
Registration under unified carrier registration plan and agreement; fees; authorization to accept registration.
(1) No foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder shall operate any motor vehicle on a highway of this state or in interstate commerce without first being registered in this state or another jurisdiction pursuant to the unified carrier registration plan and agreement and having paid all fees required under the unified carrier registration plan and agreement for such registration. A motor carrier, private carrier, leasing company, broker, or freight forwarder with its principal place of business in this state shall register in this state with and pay its required registration fees to the division. The division shall remit the fees to the State Treasurer for credit to the General Fund.
(2) The division may accept the registration of and fees required from a foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder that maintains an office in this state but does not have its principal place of business in the United States or that maintains an office in this state but has its principal place of business in another jurisdiction that does not participate in the unified carrier registration plan and agreement. The division shall remit the fees to the State Treasurer for credit to the General Fund.
Source
Laws 2007, LB358, § 3;
Laws 2009, LB331, § 20.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-397 - Forms and electronic systems to allow filings.

75-397.
Forms and electronic systems to allow filings.
The director may prescribe the appropriate forms and implement the appropriate electronic systems to allow filings with the division pursuant to the unified carrier registration plan and agreement.
Source
Laws 2007, LB358, § 6;
Laws 2009, LB331, § 22.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-398 - Violations; penalty.

75-398.
Violations; penalty.
Any foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder operating any motor vehicle in violation of sections 75-392 to 75-3,100, any rule or regulation adopted and promulgated pursuant to such sections, or any order of the division issued pursuant to such sections is guilty of a Class IV misdemeanor and shall also be subject to section 75-369.03. Each day of the violation constitutes a separate offense.
Source
Laws 2007, LB358, § 7;
Laws 2009, LB331, § 23;
Laws 2020, LB944, § 85.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-399 - Sections not applicable to intrastate commerce.

75-399.
Sections not applicable to intrastate commerce.
Sections 75-392 to 75-3,100 do not apply to a foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder, including a transporter of waste or recyclable materials, engaged exclusively in intrastate commerce.
Source
Laws 2007, LB358, § 8;
Laws 2020, LB944, § 86.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-3,100 - Registration; suspend, revoke, cancel, or refuse to issue or renew; conditions; notice; hearing; petition.

75-3,100.
Registration; suspend, revoke, cancel, or refuse to issue or renew; conditions; notice; hearing; petition.
(1) The director may suspend, revoke, cancel, or refuse to issue or renew a registration pursuant to the unified carrier registration plan and agreement:
(a) If the applicant or registrant has had his or her license issued under the International Fuel Tax Agreement Act revoked or the director refused to issue or refused to renew such license;
(b) If the applicant's or registrant's registration certificate issued pursuant to the International Registration Plan Act has been suspended, revoked, or canceled or the director refused to issue or renew such certificate; or
(c) If the applicant or registrant is in violation of sections 75-392 to 75-3,100.
(2) Prior to taking any action pursuant to subsection (1) of this section, the director shall notify and advise the applicant or registrant of the proposed action and the reasons for such action in writing, by regular United States mail, to the last-known business address as shown on the application for the registration or renewal. The notice shall also include an advisement of the procedures in subsection (3) of this section.
(3) The applicant or registrant may, within thirty days after the mailing of the notice, petition the director in writing for a hearing to contest the proposed action. The hearing shall be commenced in accordance with the Administrative Procedure Act. If a petition is filed, the director shall, within twenty days after receipt of the petition, set a hearing date at which the applicant or registrant may show cause why the proposed action should not be taken. The director shall give the applicant or registrant reasonable notice of the time and place of the hearing. If the director's decision is adverse to the applicant or registrant, such person may appeal the decision in accordance with the Administrative Procedure Act.
(4) The filing of the petition shall stay any action by the director until a hearing is held and a final decision and order is issued.
(5) If no petition is filed at the expiration of thirty days after the date on which the notification was mailed, the director may take the proposed action described in the notice.
(6) If, in the judgment of the director, the applicant or registrant has complied with or is no longer in violation of the provisions for which the director took action under this section, the director may reinstate the registration without delay.
Source
Laws 2020, LB944, § 87;
Laws 2021, LB113, § 33.
Cross References
Administrative Procedure Act, see section 84-920.
International Fuel Tax Agreement Act, see section 66-1401.
International Registration Plan Act,  see section 60-3,192.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-401 - Public Service Commission; jurisdiction; railroad safety; enforcement.

75-401.
Public Service Commission; jurisdiction; railroad safety; enforcement.
The commission shall exercise jurisdiction over the service, facilities, and equipment of all railroad carriers in this state. This jurisdiction shall extend and apply to the general public, as well as those having business relations with the railroad carrier. Sections 75-401 to 75-430 shall not be construed as giving the commission jurisdiction or control over the relations between any railroad carrier and its employees, or its employees' order, union, or other bargaining agent, either contractual or otherwise, except as provided in sections 75-419 to 75-426.
The commission shall enforce the standards of railroad safety set forth in 49 C.F.R. parts 213, 215, 223, 229, 231, and 232.
Source
Laws 1963, c. 425, art. IV, § 1, p. 1398;
Laws 1994, LB 414, § 82.
Annotations
Powers of Railway Commission hereunder are not limited by statute authorizing enforcement by injunction in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-401.01 - Railroads; discontinue agency service or close station; hearing.

75-401.01.
Railroads; discontinue agency service or close station; hearing.
In all applications before the commission to discontinue agency service or to close a railroad station or the substitution therefor of other methods of transacting business with patrons of the carrier, which applications have been protested, the commission shall conduct a hearing within the city or village served by the station sought to be affected at a suitable place meeting the convenience of the public to appear at such hearing or at the county seat of the county in which the station sought to be affected is located. If more than one city or village is included in the application, the hearing shall be held at as centrally located a meeting place as practicable to the cities or villages involved or at the county seat of the most centrally located city or village involved. If the stations involved are situated in more than one county and when the stations involved are more than thirty miles from the point where the hearing is initially held, a hearing shall be held in the seat of each such county unless waived by the affected protestants. When more than one hearing is required under this section, the commission shall designate the first hearing for the taking of testimony of the applicant and such evidence as any protestant may wish to offer. Subsequent hearings shall be for the purpose of taking the testimony of other protestants.
Source
Laws 1967, c. 472, § 1, p. 1467;
Laws 1994, LB 414, § 83.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-402 - Terms, defined.

75-402.
Terms, defined.
As used in sections 75-401 to 75-430, and in all rules and regulations prescribed by the commission, unless the context otherwise requires:
(1) Railroad carrier shall mean any common carrier engaged in the carrying of freight or passengers over any line of railroad, or part thereof, within the State of Nebraska; and
(2) Railroad shall mean any line of railroad track, or part thereof, located within the State of Nebraska.
Source
Laws 1963, c. 425, art. IV, § 2, p. 1398;
Laws 1994, LB 414, § 84.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-403 - Railroads; violation of orders of commission; civil liability; defenses precluded.

75-403.
Railroads; violation of orders of commission; civil liability; defenses precluded.
Any railroad carrier shall be liable for any damage or injury that shall be caused or contributed to by a violation of any commission order, issued after due notice and hearing, relating to the efficiency, sufficiency, and safety of the service, facilities, or equipment furnished by such carrier. In such case, the railroad carrier shall not be entitled to the defenses of assumption of risk or contributory negligence.
Source
Laws 1963, c. 425, art. IV, § 3, p. 1399;
Laws 1965, c. 446, § 5, p. 1418.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-405 - Reciprocal demurrage; annual agreement.

75-405.
Reciprocal demurrage; annual agreement.
Every railroad carrier which operates lines within this state shall make an annual agreement with each shipper that receives or sends ten or more cars annually which provides the terms under which reciprocal demurrage charges shall be made on the part of the railroad carrier or shipper. Such terms shall be equal for all shippers. Any agreement made under this section shall control the relation between the parties thereto, the provisions of sections 75-401 to 75-430 to the contrary notwithstanding. Monthly settlements may be entered into, but all credits due a shipper for the current month shall be carried to the shipper's credit for the succeeding month, except that at the termination of the agreement, any credits due the shipper shall be eliminated.
Source
Laws 1963, c. 425, art. IV, § 5, p. 1399;
Laws 1994, LB 414, § 85.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-419 - Employees; hours of labor.

75-419.
Employees; hours of labor.
It shall be unlawful for any railroad carrier, its officers or agents, to require or permit any employee to be or remain on duty for a longer period than sixteen consecutive hours. For the purposes of this section, employees shall mean any person actually engaged in or connected with the movements of any train. Whenever any such employee of such common carrier shall have been continuously on duty for sixteen hours, he shall be relieved and not be permitted or required to again go on duty without having at least ten consecutive hours' rest off duty, and no such employee, who has been on duty sixteen hours in the aggregate in any twenty-four-hour period, shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty;
Provided,
no operator, train dispatcher, or other employee who by the use of the telegraph, or telephone, dispatches reports, or transmits, receives, or delivers orders pertaining to or affecting train movements shall be required or permitted to be or remain on duty for a longer period than nine hours in any twenty-four-hour period in all towers, offices, places, and stations continuously operated day and night nor for a longer period than thirteen hours in all towers, offices, places, and stations operated only during the daytime, except in cases of emergency, when the employees named in this proviso may be permitted to be or remain on duty for four additional hours in a twenty-four-hour period and not to exceed three days in any one week. The commission may, after full hearing in a particular case, and for good cause shown, extend the period within which a common carrier shall comply with the provisions of this section.
Source
Laws 1963, c. 425, art. IV, § 19, p. 1405.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-420 - Employees; hours of labor; violation; penalty.

75-420.
Employees; hours of labor; violation; penalty.
Any such common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be or remain on duty in violation of section 75-419, shall be liable to a penalty of not to exceed five hundred dollars for each and every violation thereof, to be recovered in a suit or suits to be brought by the county attorney of the county in the state having jurisdiction in the locality where the violation shall have been committed. It shall be the duty of such county attorney to bring such suits upon satisfactory information being lodged with him, but no such suit shall be brought after the expiration of one year from the date of such violations as may come to his knowledge. In all prosecutions under this section the common carrier shall be deemed to have had knowledge of all acts of its officers and agents. The provisions of sections 75-419 and 75-420 shall not apply in any case of casualty or unavoidable accident or the act of God; nor where the delay was the result of a cause not known to the carrier or its officers and agents in charge of such employee at the time such employee left a terminal, and which could not have been foreseen; nor to the crews of wrecking or relief trains.
Source
Laws 1963, c. 425, art. IV, § 20, p. 1405.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-426 - Accidents; reports; filing; investigation; violation; penalty.

75-426.
Accidents; reports; filing; investigation; violation; penalty.
Upon the occurrence of any serious personal injury or loss of life to persons other than railroad employees resulting from an accident at a railroad crossing or from an accident involving an explosion, fire, or release of noxious fumes occurring upon any railroad within the State of Nebraska, the corporation which operates the railroad upon which the accident occurred shall report such accident in writing or by telephone to the commission within twenty-four hours of the time such accident occurred. The commission shall promptly investigate any such accident and a report shall be made a part of the commission's official files. The corporation which operates the railroad shall also furnish to the commission a copy of the same report that it is required to furnish to the Federal Railroad Administration. Neither of such reports shall be evidence or referred to in any case in any court. Any railroad carrier violating any of the provisions of this section shall be guilty of a Class IV misdemeanor.
Source
Laws 1963, c. 425, art. IV, § 26, p. 1408;
Laws 1980, LB 203, § 1.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-428 - Intersections; transfer facilities; duty to provide; violation; penalty.

75-428.
Intersections; transfer facilities; duty to provide; violation; penalty.
Each owner of a railroad may cross, intersect, join, and unite its railroad with any other railroad at any point on its route and upon the grounds of the owner of such other railroad with the necessary turnouts, sidings, and switches and other conveniences in furtherance of the objects of its connection. Each owner of a railroad which is intersected by any new railroad shall unite with the owners of such new railroad to form such intersections and connections and grant the facilities specified in this section. If the two owners cannot agree upon the amount of compensation to be made therefor or the points and manner of such crossings and connections, they shall be ascertained and determined by the commission.
All owners of railroads in this state, at all points of connection, intersection, or crossing at grade of different railroads, where it is practicable, shall provide reasonable, ample, and equal facilities by track connection, passenger platforms, and otherwise, for transferring cars, passengers, and property between their respective roads without unreasonable delay. At any place where the tracks of the two owners are within five hundred feet apart, whether on the same grade or not, when it is practicable and deemed reasonably necessary, the commission, upon application of any interested person, may require such track connection. No owner shall discriminate in its rates or charges between such connecting lines or on freight coming over them, but no such owner shall be required to furnish to another owner its tracks, equipment, or terminal facilities without reasonable compensation. Each of the connecting lines shall pay its proportionate share for the building and maintenance of such track and switches as may be necessary to furnish the transfer facilities required by this section. In case they cannot agree on the amount which each line shall pay, the amount shall, upon application by either party, be determined and adjusted by the commission. When the commission has refused to require track connection as requested by the applicant, if the applicant agrees in writing to pay the cost of making and maintaining the track connection and offers adequate security, the commission shall order such track connection to be made by such owners whether the commission deems the track connection practicable or reasonably necessary or not. The railroad tracks, at the point where the connection is to be made, shall run within one mile of the corporate limits of any city or village.
Any owner of a railroad who fails or neglects to comply with the order within the time fixed shall be guilty of a Class II misdemeanor.
Source
Laws 1963, c. 425, art. IV, § 28, p. 1408;
Laws 1977, LB 39, § 202;
Laws 1994, LB 414, § 94.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-429 - Switch stand lights and signals; operation; violation; penalty.

75-429.
Switch stand lights and signals; operation; violation; penalty.
Each operator of any railroad in this state shall equip with proper lights all switch stands to each switch leading from all main tracks of such road on which trains are generally operated at night except lines fully equipped with automatic block signals. Lights or other signals may be ordered by the commission to be installed on switch stands to other switches, including crossover switches and lead track switches in yards adjacent to main tracks, when they are found reasonably necessary to safe operation after hearing held upon complaint or upon the commission's own motion. The lights upon such switch stands shall be in good condition constantly and shall be lighted and kept burning between sundown and sunrise and at such other times when, by reason of excessively foggy weather, the condition of such lights or signals would render operations unsafe both for the employees of such railroad and for the general public. Signals with reflex lenses may be substituted for lighted lamps under regulations prescribed by the commission and subject to the jurisdiction of the commission to order the removal of them, after complaint and hearing, if the signals with reflex lenses are found to be unsafe.
Any operator of a railroad in this state who violates any of the provisions of this section or who permits any such violation on the part of any employee shall be guilty of a Class V misdemeanor.
Source
Laws 1963, c. 425, art. IV, § 29, p. 1410;
Laws 1977, LB 39, § 203;
Laws 1994, LB 414, § 95.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-430 - Railroad signals; interference with view; authority of commission.

75-430.
Railroad signals; interference with view; authority of commission.
It shall be unlawful to locate, maintain, or allow to remain any light at any place within this state in such a place or manner that the light interferes with the view of any railroad signal to an extent which causes danger in the operation of trains.
Whenever any light has been located, maintained, or allowed to remain in such a place or manner that it interferes with the view of any railroad signal to an extent which causes danger in the operation of trains, the commission shall, upon its own motion or upon the complaint of an affected owner of a railroad or other interested party, set the complaint for hearing and issue a formal order to enforce compliance with this section if it finds that the light does interfere to such an extent.
Source
Laws 1963, c. 425, art. IV, § 30, p. 1411;
Laws 1994, LB 414, § 96.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-501 - Common carrier, declaration; commission jurisdiction; rules and regulations; validity.

75-501.
Common carrier, declaration; commission jurisdiction; rules and regulations; validity.
Any person who transports, transmits, conveys, or stores liquid or gas by pipeline for hire in Nebraska intrastate commerce shall be a common carrier subject to commission regulation. The commission shall adopt, promulgate, and enforce reasonable rules and regulations establishing minimum state safety standards for the design, construction, maintenance, and operation of pipelines which transport liquefied petroleum gas or anhydrous ammonia in intrastate commerce by common carriers. Such rules and regulations, and the interpretations thereof, shall conform with the rules, regulations, and interpretations of the appropriate federal agencies with authority to regulate pipeline common carriers in interstate commerce. Any person may determine the validity of any such rule or regulation in such manner as provided by law.
Source
Laws 1963, c. 425, art. V, § 1, p. 1416;
Laws 1969, c. 608, § 1, p. 2474;
Laws 1994, LB 414, § 97.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-502 - Pipeline carriers; powers.

75-502.
Pipeline carriers; powers.
Pipeline carriers which are declared common carriers under section 75-501, pipeline carriers approved under the Major Oil Pipeline Siting Act, and pipeline carriers for which the Governor approves a route under section 57-1503 may store, transport, or convey any liquid or gas, or the products thereof, and make reasonable charges therefor, may lay down, construct, maintain, and operate pipelines, tanks, pump stations, connections, fixtures, storage plants, and such machinery, apparatus, devices, and arrangement as may be necessary to operate such pipes or pipelines between different points in this state, and may use and occupy such lands, rights-of-way, easements, franchises, buildings, and structures as may be necessary to construct and maintain them.
Source
Laws 1963, c. 425, art. V, § 2, p. 1416;
Laws 1994, LB 414, § 98;
Laws 2011, First Spec. Sess., LB1, § 20.
Cross References
Major Oil Pipeline Siting Act, see section 57-1401.