reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-705 - 24/7 sobriety program permit; issuance; requirements; revocation; grounds; court order.

60-705.
24/7 sobriety program permit; issuance; requirements; revocation; grounds; court order.
(1) If an individual has been arrested for a violation of section 60-6,196 or 60-6,197 or a city or village ordinance enacted in conformance with such sections and is participating in a 24/7 sobriety program, such individual may petition the court for an order allowing the individual to apply for a 24/7 sobriety program permit as set forth in section 60-706. A 24/7 sobriety program permit shall only be issued if the individual's operator's license has been revoked pursuant to section 60-498.01 for the pending offense.
(2) The court shall only issue an order under subsection (1) of this section if the court has sufficient proof the individual is enrolled in a 24/7 sobriety program and has gone at least thirty consecutive days without any sanctions being imposed.
(3) If, after the issuance of an order allowing an individual to apply for a 24/7 sobriety program permit, the individual withdraws or is terminated from the 24/7 sobriety program, the court shall immediately issue an order revoking the 24/7 sobriety program permit and cause a copy of the order to be sent to the director.
(4) The holder of a commercial driver's license under the Motor Vehicle Operator's License Act is not eligible for a 24/7 sobriety program permit.
(5) A person shall be eligible to be issued a 24/7 sobriety program permit allowing operation of a motor vehicle if he or she is not subject to any other suspension, cancellation, required no-driving period, or period of revocation and has successfully completed the application for a 24/7 sobriety program permit.
Source
Laws 2021, LB271, § 5.
Cross References
Motor Vehicle Operator's License Act, see section 60-462.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-706 - 24/7 sobriety program permit; application; availability; revocation.

60-706.
24/7 sobriety program permit; application; availability; revocation.
(1) Upon receipt by the director of (a) a certified copy of a court order issued under subsection (1) of section 60-705, (b) sufficient evidence that the individual has surrendered the individual's operator's license to the department, and (c) payment of the fee provided in section 60-4,115, such individual may apply for a 24/7 sobriety program permit. All permits issued pursuant to this section shall indicate that the permit is not valid for the operation of a commercial motor vehicle.
(2) A 24/7 sobriety program permit shall only be available to a holder of a Class M or O operator's license.
(3) The director shall revoke a 24/7 sobriety program permit issued under this section upon receipt of an (a) abstract of conviction indicating that the individual's operating privileges have been revoked or (b) order from a court revoking the individual's 24/7 sobriety program permit.
Source
Laws 2021, LB271, § 6.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 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.

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.
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, maintain, provide, and contract with the Nebraska State Patrol for the operation of weighing stations and provide the funding for the same. The Nebraska State Patrol shall operate the weighing stations, including portable scales, for the weighing and inspection of buses, motor trucks, truck-tractors, semitrailers, trailers, and towed vehicles. Each of the weighing stations shall be located near, on, or adjacent to a state highway upon real estate owned by the State of Nebraska or upon real estate acquired for that purpose. Weights determined on such weighing stations and portable scales shall be presumed to be accurate and shall be accepted in court as prima facie evidence of a violation of the laws relating to the size, weight, load, and registration of buses, motor trucks, truck-tractors, semitrailers, trailers, and towed vehicles. The owner or driver of a vehicle found to be in violation of such laws by the use of portable scales shall be advised by the officer operating the portable scale that he or she has the right to demand an immediate reweighing at his or her expense at the nearest permanent state-approved scale capable of weighing the vehicle, and if a variance exists between the weights of the permanent and portable scales, then the weights determined on the permanent scale shall prevail. Sections 60-1301 to 60-1309 shall not apply to pickup trucks with a factory-rated capacity of one ton or less, except as may be provided by rules and regulations of the Nebraska State Patrol, or to recreational vehicles as defined in section 71-4603. The Nebraska State Patrol may adopt and promulgate rules and regulations concerning the weighing of pickup trucks with a factory-rated capacity of one ton or less which tow vehicles. Such rules and regulations shall require trucks towing vehicles to comply with sections 60-1301 to 60-1309 when it is necessary to promote the public safety and preserve and protect the state highways and bridges.
Source
Laws 1949, c. 109, § 1, p. 300;
Laws 1951, c. 116, § 1, p. 525;
R.R.S.1943, § 39-603.03;
Laws 1955, c. 145, § 1, p. 406;
Laws 1961, c. 323, § 1, p. 1027;
Laws 1963, c. 373, § 5, p. 1197;
Laws 1976, LB 823, § 2;
Laws 1985, LB 395, § 4;
Laws 2002, LB 470, § 1;
Laws 2008, LB797, § 2;
Laws 2017, LB339, § 233.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1302 - Eminent domain; procedure.

60-1302.
Eminent domain; procedure.
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 in sections 76-704 to 76-724.
Source
Laws 1949, c. 109, § 2, p. 300;
Laws 1951, c. 101, § 88, p. 485;
R.R.S.1943, § 39-603.04;
Laws 1955, c. 145, § 2, p. 406;
Laws 2017, LB339, § 234.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1304 - Carrier enforcement officers; transfer; retirement options.

60-1304.
Carrier enforcement officers; transfer; retirement options.
(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 shall, within ninety days of transfer, elect to participate in the Nebraska State Patrol Retirement System or elect to remain members of the State Employees Retirement System of the State of Nebraska.
(2) An officer who elects to become a member of the Nebraska State Patrol Retirement System pursuant to this section shall (a) receive eligibility and vesting credit pursuant to subsection (2) of section 81-2016 for his or her years of participation in the State Employees Retirement System of the State of Nebraska, (b) be vested in the employer account with the State Employees Retirement System of the State of Nebraska regardless of his or her period of participation in the State Employees Retirement System, and (c) be treated for all other purposes of the Nebraska State Patrol Retirement Act as a new member of the Nebraska State Patrol Retirement System.
(3) Transferring participation from the State Employees Retirement System of the State of Nebraska to the Nebraska State Patrol Retirement System pursuant to this section does not constitute a termination for purposes of the State Employees Retirement Act.
Source
Laws 2002, LB 470, § 4.
Cross References
Nebraska State Patrol Retirement Act, see section 81-2014.01.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1305 - Carrier enforcement officers; uniform; badge.

60-1305.
Carrier enforcement officers; uniform; badge.
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 thereof and with the designation of the officer thereon. Every such badge shall be serially numbered.
Source
Laws 1955, c. 145, § 5, p. 407;
Laws 1985, LB 395, § 6.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1306 - Carrier enforcement officers; powers; funding of firearms.

60-1306.
Carrier enforcement officers; powers; funding of firearms.
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, motor trucks, truck-tractors, semitrailers, trailers, and towed vehicles, (2) when in uniform, to require the driver thereof to stop and exhibit his or her operator's license and registration issued for the vehicle and submit to an inspection of such vehicle, the license plates, the registration thereon, and licenses and permits required under the motor fuel laws, (3) to make arrests upon view and without warrant for any violation committed in their presence of the provisions of the Motor Vehicle Operator's License Act or of any other law regulating the operation of vehicles or the use of the highways while in the performance of their duties referred to in subdivisions (1) and (2) of this section and of sections 60-1308, 60-1309, and 75-362 to 75-369.07, (4) to make arrests upon view and without warrant for any violation committed in their presence which is a misdemeanor or felony under the laws of this state while in the performance of their duties referred to in subdivisions (1) and (2) of this section and of sections 60-1308, 60-1309, and 75-362 to 75-369.07, and (5) to make arrests on warrant for any violation which is a misdemeanor or felony under the laws of this state while in the performance of their duties referred to in subdivisions (1) and (2) of this section and of sections 60-1308, 60-1309, and 75-362 to 75-369.07.
Any funds used to arm carrier enforcement officers shall be paid solely from the Carrier Enforcement Cash Fund. The amount of funds shall be determined by the Superintendent of Law Enforcement and Public Safety.
Source
Laws 1955, c. 145, § 6, p. 407;
Laws 1963, c. 373, § 6, p. 1197;
Laws 1983, LB 412, § 2;
Laws 1985, LB 395, § 7;
Laws 1986, LB 783, § 3;
Laws 1991, LB 627, § 8;
Laws 1994, LB 28, § 1;
Laws 1996, LB 1218, § 16;
Laws 2002, LB 499, § 4;
Laws 2003, LB 480, § 1;
Laws 2004, LB 983, § 3;
Laws 2005, LB 274, § 254;
Laws 2006, LB 1007, § 12.
Cross References
International Fuel Tax Agreement Act, see section 66-1401.
Motor Vehicle Operator's License Act, see section 60-462.
Motor Vehicle Registration Act, see section 60-301.
Annotations
The arrest powers granted to carrier enforcement officers under this section do not allow arrests for all stated law violations which are observed while on duty, but are limited to arrests only for such stated violations which are viewed by the officer while performing a function specifically related to the duties enumerated in subsections (1) and (2) of this section or a function specifically related to those duties addressed in the statutes and laws referred to in subsections (3), (4), and (5) of this section. State v. Langan, 6 Neb. App. 739, 577 N.W.2d 752 (1998).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1308 - Failure to stop at weighing station or portable scale; violation; penalty.

60-1308.
Failure to stop at weighing station or portable scale; violation; penalty.
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, when the station or scale is open and being operated by an officer of the Nebraska State Patrol, is guilty of a Class III misdemeanor.
Source
Laws 1955, c. 145, § 8, p. 408;
Laws 1959, c. 302, § 1, p. 1130;
Laws 1963, c. 373, § 8, p. 1199;
Laws 1977, LB 39, § 91;
Laws 1985, LB 395, § 9;
Laws 2003, LB 481, § 1.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1309 - Resisting arrest; disobeying order; violation; penalty.

60-1309.
Resisting arrest; disobeying order; violation; penalty.
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.
Source
Laws 1955, c. 145, § 9, p. 408;
Laws 1977, LB 39, § 92;
Laws 1985, LB 395, § 10.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401 - Act, how cited; applicability of amendments.

60-1401.
Act, how cited; applicability of amendments.
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 amendments to the act except as otherwise specifically provided in the act.
All amendments to the act shall apply upon the issuance or renewal of a dealer's or manufacturer's license.
Source
Laws 2010, LB816, § 12;
Laws 2011, LB477, § 1;
Laws 2013, LB133, § 1;
Laws 2015, LB231, § 39;
Laws 2018, LB909, § 112.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.01 - Legislative findings and declaration.

60-1401.01.
Legislative findings and declaration.
(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 the public interest and the public welfare and in the exercise of its police power, it is necessary to regulate motor vehicle, motorcycle, and trailer dealers, manufacturers, distributors, and their representatives doing business in the State of Nebraska.
(2) The Legislature further finds that the sales of motor vehicles, motorcycles, and trailers are involved to a large extent in a franchise system established between manufacturers and dealers and hereby declares that the sale of motor vehicles, motorcycles, and trailers to the public in the state under the franchise system includes more than the mere transfer of title, being a continuing obligation of the manufacturer, distributor, and dealer to the buying public affecting the public interest; that the termination or failure of the established relationship between the manufacturer, distributor, and dealer without cause or good faith denies to the general buying public its right to availability of continuing post-sale mechanical and operational services and precludes the relationship, expected and implied at the time of sale, between the buyer and the seller necessary to insure safe operating condition of the vehicle.
(3) The Legislature further finds and declares that the distribution and sale of motor vehicles in the state under the franchise system vitally affects commerce, the general economy of the state, and the welfare of the citizens of the state requiring the exercise of its police power to insure the public welfare, to regulate commerce, to establish guidelines for enforcement of a fair and equitable balance between parties to such franchises, and to provide judicial relief from unfair and inequitable practices affecting the public interest.
Source
Laws 1971, LB 768, § 1;
Laws 2010, LB816, § 13.
Annotations
In refusing to consider petitioner's challenge of the constitutionality of this act, the court held a litigant who invokes the provisions of a statute may not simultaneously question its constitutionality. American Motors Sales Corp. v. Perkins, 198 Neb. 97, 251 N.W.2d 727 (1977).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.02 - Definitions, where found.

60-1401.02.
Definitions, where found.
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.
Source
Laws 1971, LB 768, § 2;
Laws 1972, LB 1335, § 1;
Laws 1974, LB 754, § 1;
Laws 1978, LB 248, § 3;
Laws 1983, LB 234, § 18;
Laws 1984, LB 825, § 12;
Laws 1989, LB 280, § 1;
Laws 1993, LB 121, § 388;
Laws 1993, LB 200, § 1;
Laws 1995, LB 564, § 2;
Laws 1996, LB 1035, § 1;
Laws 1998, LB 903, § 3;
Laws 2000, LB 1018, § 1;
Laws 2003, LB 498, § 1;
Laws 2003, LB 563, § 34;
Laws 2005, LB 274, § 256;
Laws 2008, LB797, § 3;
Laws 2009, LB50, § 1;
Laws 2010, LB816, § 14;
Laws 2015, LB231, § 40;
Laws 2018, LB909, § 113.
Annotations
Terms of dealer's license do not require dealer to provide safe tools for dealer's employees. Durand v. Western Surety Co., 245 Neb. 649, 514 N.W.2d 840 (1994).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.03 - Association, defined.

60-1401.03.
Association, defined.
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 subdivision, family member means an individual related to the person by blood, marriage, adoption, or legal guardianship as the person's spouse, child, parent, brother, sister, grandchild, grandparent, ward, or legal guardian or any individual so related to the person's spouse; and
(2) Two or more persons living in the same dwelling unit, whether or not related to each other.
Source
Laws 2010, LB816, § 15.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.04 - Auction, defined.

60-1401.04.
Auction, defined.
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 bid against one another, the highest bidder becoming the purchaser. The holding of a farm auction or an occasional motor vehicle or trailer auction of not more than two auctions in a calendar year does not constitute an auction subject to the Motor Vehicle Industry Regulation Act.
Source
Laws 2010, LB816, § 16.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.07 - Bona fide consumer, defined.

60-1401.07.
Bona fide consumer, defined.
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 vehicle, motorcycle, or trailer, all in accordance with the laws of the residence of the owner, except that no owner who sells more than eight registered motor vehicles, motorcycles, or trailers within a twelve-month period shall qualify as a bona fide consumer.
Source
Laws 2010, LB816, § 19.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.08 - Coerce, defined.

60-1401.08.
Coerce, defined.
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.
Source
Laws 2010, LB816, § 20.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.09 - Community, defined.

60-1401.09.
Community, defined.
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 location is within a city of the metropolitan class and (2) the community of the franchisee is the county in which the franchisee is located if the location is not within a city of the metropolitan class.
Source
Laws 2010, LB816, § 21.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.12 - Designated family member, defined.

60-1401.12.
Designated family member, defined.
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 owner's will, who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of such dealership, has been appointed by a court as the legal representative of the new motor vehicle dealer's property.
Source
Laws 2010, LB816, § 24.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.13 - Distributor, defined.

60-1401.13.
Distributor, defined.
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 motorcycles to dealers and also has the same meaning as the term franchisor.
Source
Laws 2010, LB816, § 25.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.15 - Established place of business, defined.

60-1401.15.
Established place of business, defined.
(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 the business for which he or she is licensed and may be contacted by the public during posted reasonable business hours which shall be not less than forty hours per week.
(2) The established place of business shall have the following facilities:
(a) Office space in a building or mobile home, which space shall be clean, dry, safe, and well lighted and in which shall be kept and maintained all books, records, and files necessary for the conduct of the licensed business, which premises, books, records, and files shall be available for inspection during regular business hours by any peace officer or investigator employed or designated by the board. Dealers shall, upon demand of the board's investigator, furnish copies of records so required when conducting any investigation of a complaint;
(b) A sound and well-maintained sign which is legible from a public road and displayed with letters not less than eight inches in height and one contiguous area to display ten or more motor vehicles, motorcycles, or trailers in a presentable manner;
(c) Adequate repair facilities and tools to properly and actually service warranties on motor vehicles, motorcycles, or trailers sold at such place of business and to make other repairs arising out of the conduct of the licensee's business or, in lieu of such repair facilities, the licensee may enter into a contract for the provision of such service and file a copy thereof annually with the board and shall furnish to each buyer a written statement as to where such service will be provided as required by section 60-1417. The service facility shall be located in the same county as the licensee unless the board specifically authorizes the facility to be located elsewhere. Such facility shall maintain regular business hours and shall have suitable repair equipment and facilities to service and inspect the type of vehicles sold by the licensee. Investigators of the board may certify ongoing compliance with the service and inspection facilities or repair facilities; and
(d) An operating telephone connected with a public telephone exchange and located on the premises of the established place of business with a telephone number listed by the public telephone exchange and available to the public during the required posted business hours.
(3) A mobile truck equipped with repair facilities to properly perform warranty functions and other repairs shall be deemed adequate repair facilities for trailers.
(4) The requirements of this section shall apply to the place of business authorized under a supplemental motor vehicle, motorcycle, or trailer dealer's license.
Source
Laws 2010, LB816, § 27.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.16 - Factory branch, defined.

60-1401.16.
Factory branch, defined.
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, in whole or in part, its representatives in this state.
Source
Laws 2010, LB816, § 28.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.17 - Factory representative, defined.

60-1401.17.
Factory representative, defined.
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 contacting, its dealers or prospective dealers in this state.
Source
Laws 2010, LB816, § 29.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.18 - Finance company, defined.

60-1401.18.
Finance company, defined.
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 security for payment of obligations arising from such sales and who may find it necessary to engage in the activity of repossession and the sale of the motor vehicles, motorcycles, or trailers so pledged.
Source
Laws 2010, LB816, § 30.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.19 - Franchise, defined.

60-1401.19.
Franchise, defined.
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 manufactured or distributed by the franchisor;
(3) The franchisee, as an independent business, constitutes a component of the franchisor's distribution system;
(4) The operation of the franchisee's business is substantially associated with the franchisor's trademark, service mark, trade name, advertising, or other commercial symbol designating the franchisor; and
(5) The operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of motor vehicles, parts, and accessories.
Source
Laws 2010, LB816, § 31.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.20 - Franchisee, defined.

60-1401.20.
Franchisee, defined.
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.
Source
Laws 2010, LB816, § 32.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.22 - Line-make, defined.

60-1401.22.
Line-make, defined.
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 or marks may constitute a single line-make, but only when included in a common dealer agreement and the manufacturer, distributor, or importer offers such vehicles bearing the multiple names or marks together only, and not separately, to its authorized dealers; and
(2) Motor vehicles bearing a common brand name or mark may constitute separate line-makes when pertaining to motor vehicles subject to separate dealer agreements or when such vehicles are intended for different types of use.
Source
Laws 2010, LB816, § 34.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.23 - Manufactured home, defined.

60-1401.23.
Manufactured home, defined.
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 chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure, except that manufactured home includes any structure that meets all of the requirements of this section other than the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as such act existed on January 1, 2010.
Source
Laws 2010, LB816, § 35.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.24 - Manufacturer, defined.

60-1401.24.
Manufacturer, defined.
Manufacturer means any person, 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 distributes them directly or indirectly through one or more distributors to one or more new motor vehicle, trailer, or motorcycle dealers in this state and also has the same meaning as the term franchisor.
Manufacturer also includes a central or principal sales corporation or other entity through which, by contractual agreement or otherwise, a manufacturer distributes its products.
Source
Laws 2010, LB816, § 36.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.25 - Motor vehicle, defined.

60-1401.25.
Motor vehicle, defined.
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 vehicle chassis, that is manufactured for installation in any motor-driven vehicle with a gross vehicle weight rating of more than sixteen thousand pounds for which motor-driven vehicle evidence of title is required as a condition precedent to registration under the laws of this state.
Source
Laws 2010, LB816, § 37.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.26 - Motor vehicle dealer, defined.

60-1401.26.
Motor vehicle dealer, defined.
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 the sale of, or offers or attempts to sell new or used motor vehicles. Such person is a motor vehicle dealer and subject to the Motor Vehicle Industry Regulation Act.
Motor vehicle dealer does not include a lessor who was not involved in or associated with the selection, location, acquisition, or supply of a motor vehicle which is the subject of a lease agreement.
Source
Laws 2010, LB816, § 38.
Annotations
The definition of a motor vehicle dealer under this section entails three requirements. To be a motor vehicle dealer, a person must (1) not be a bona fide consumer; (2) be actively and regularly engaged in selling, leasing for a period of 30 or more days, or exchanging new or used motor vehicles; and (3) buy, sell, exchange, cause the sale of, or offer or attempt to sell new or used motor vehicles. State v. Merchant, 288 Neb. 439, 848 N.W.2d 630 (2014).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.27 - Motor vehicle, motorcycle, or trailer salesperson, defined.

60-1401.27.
Motor vehicle, motorcycle, or trailer salesperson, defined.
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 working for two or more dealerships with common ownership, to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles, motorcycles, or trailers. A person owning any part of more than one dealership may be a salesperson for each of such dealerships. For purposes of this section, common ownership means that there is at least an eighty percent interest in each dealership by one or more persons having ownership in such dealership.
Source
Laws 2010, LB816, § 39.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.28 - Motorcycle, defined.

60-1401.28.
Motorcycle, defined.
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 of this state. Motorcycle includes an autocycle.
Source
Laws 2010, LB816, § 40;
Laws 2015, LB231, § 42;
Laws 2018, LB909, § 116.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.33 - Sale and selling, defined.

60-1401.33.
Sale and selling, defined.
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, or exchange of or interest in any motor vehicle, trailer, or motorcycle, including the leasing of any motor vehicle, trailer, or motorcycle for a period of thirty or more days with a right or option to purchase under the terms of the lease.
Source
Laws 2010, LB816, § 45.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.34 - Scrap metal processor, defined.

60-1401.34.
Scrap metal processor, defined.
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 sell vehicles or motorcycles without obtaining a wrecker or salvage dealer license.
Source
Laws 2010, LB816, § 46.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.35 - Supplemental motor vehicle, trailer, motorcycle, or motor vehicle auction dealer, defined.

60-1401.35.
Supplemental motor vehicle, trailer, motorcycle, or motor vehicle auction dealer, defined.
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 than three hundred feet from any part of the place of business designated in the dealer's original license but which is located within the city or county described in such original license.
Source
Laws 2010, LB816, § 47.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.36 - Trailer, defined.

60-1401.36.
Trailer, defined.
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 highways and so constructed as not to be attached to real estate and to permit the vehicle to be used for human habitation by one or more persons, and camping trailers, slide-in campers, fold-down campers, and fold-down tent trailers.
Machinery and equipment to which wheels are attached and designed for being towed by a motor vehicle are excluded from the Motor Vehicle Industry Regulation Act.
Source
Laws 2010, LB816, § 48.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.37 - Trailer dealer, defined.

60-1401.37.
Trailer dealer, defined.
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.
Source
Laws 2010, LB816, § 49.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.38 - Used motor vehicle, defined.

60-1401.38.
Used motor vehicle, defined.
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 vehicle is not considered a used motor vehicle until it has been placed in use by a bona fide consumer, notwithstanding the number of transfers of the motor vehicle.
Source
Laws 2010, LB816, § 50.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.40 - Wrecker or salvage dealer, defined.

60-1401.40.
Wrecker or salvage dealer, defined.
Wrecker or salvage dealer means any person who acquires one or more motor vehicles or trailers for the purpose of dismantling them for the purpose of reselling the parts or reselling the vehicles as scrap.
Source
Laws 2010, LB816, § 52.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.41 - Applicability of act; persons not considered dealer.

60-1401.41.
Applicability of act; persons not considered dealer.
(1) Nothing in the Motor Vehicle Industry Regulation Act shall apply to the State of Nebraska or any of its agencies or subdivisions.
(2) No insurance company, finance company, public utility company, fleet owner, or other person coming into possession of any motor vehicle, motorcycle, or trailer, as an incident to its regular business, who sells or exchanges the motor vehicle, motorcycle, or trailer shall be considered a dealer except persons whose regular business is leasing or renting motor vehicles, motorcycles, or trailers.
Source
Laws 2010, LB816, § 53.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.42 - Autocycle, defined.

60-1401.42.
Autocycle, defined.
Autocycle means any motor vehicle (1) having a seat that does not require the operator to straddle or sit astride it, (2) designed to travel on three wheels in contact with the ground, (3) having antilock brakes, (4) designed to be controlled with a steering wheel and pedals, and (5) in which the operator and passenger ride either side by side or in tandem in a seating area that is equipped with a manufacturer-installed three-point safety belt system for each occupant and that has a seating area that either (a) is completely enclosed and is equipped with manufacturer-installed airbags and a manufacturer-installed roll cage or (b) is not completely enclosed and is equipped with a manufacturer-installed rollover protection system.
Source
Laws 2015, LB231, § 41;
Laws 2018, LB909, § 117.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1401.43 - Stop-sale order, defined.

60-1401.43.
Stop-sale order, defined.
Stop-sale order means a notification issued by a manufacturer, distributor, factory branch, or distributor branch to its franchised new motor vehicle dealers stating that certain used motor vehicles in inventory shall not be sold or leased, at either retail or wholesale, due to a federal safety recall for a defect or a noncompliance or due to a federal emissions recall.
Source
Laws 2018, LB909, § 114.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1403 - Board; hearing officer; investigators; powers and duties; seal; records; authentication; review of action; when.

60-1403.
Board; hearing officer; investigators; powers and duties; seal; records; authentication; review of action; when.
(1) The board may:
(a) Regulate the issuance and revocation of licenses in accordance with and subject to the Motor Vehicle Industry Regulation Act;
(b) Perform all acts and duties provided for in the act necessary to the administration and enforcement of the act;
(c) Make and enforce rules and regulations relating to the administration of but not inconsistent with the act; and
(d) Employ a hearing officer who shall conduct preliminary hearings on behalf of the board and make recommendations to the board on any issue or matter which the board deems proper.
(2) The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words Nebraska Motor Vehicle Industry Licensing Board and such other devices as the board may desire included on the seal by which it shall authenticate the acts of its office. Copies of all records and papers in the office of the board under the hand and seal of its office shall be received in evidence in all cases equally and with like effect as the original.
(3) Investigators employed by the board may enter upon and inspect the facilities, the required records, and any vehicles, trailers, or motorcycles found in any licensed motor vehicle, motorcycle, or trailer dealer's established place or places of business.
(4) With respect to any action taken by the board, if a controlling number of the members of the board are active participants in the vehicle market in which the action is taken, the chairperson shall review the action taken and, upon completion of such review, modify, alter, approve, or reject the board's action.
Source
Laws 1957, c. 280, § 3, p. 1015;
Laws 1967, c. 394, § 3, p. 1229;
Laws 1971, LB 768, § 4;
Laws 1994, LB 850, § 1;
Laws 1995, LB 564, § 3;
Laws 2010, LB816, § 55;
Laws 2016, LB977, § 26;
Laws 2022, LB1148, § 1.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1403.01 - License required; restriction on issuance; exception.

60-1403.01.
License required; restriction on issuance; exception.
(1) No person shall engage in the business as, serve in the capacity of, or act as a motor vehicle, trailer, or motorcycle dealer, wrecker or salvage dealer, auction dealer, dealer's agent, manufacturer, factory branch, factory representative, distributor, distributor branch, or distributor representative in this state without being licensed by the board under the Motor Vehicle Industry Regulation Act. No dealer's license shall be issued to any minor. No wrecker or salvage dealer's license shall be issued or renewed unless the applicant has a permanent place of business at which the activity requiring licensing is performed and which conforms to all local laws.
(2) A license issued under the act shall authorize the holder thereof to engage in the business or activities permitted by the license subject to the act and the rules and regulations adopted and promulgated by the board under the act.
(3) This section shall not apply to a licensed real estate salesperson or broker who negotiates for sale or sells a trailer for any individual who is the owner of not more than two trailers.
(4) This section shall not restrict a licensed motor vehicle dealer from conducting an auction as provided in subsection (5) of section 60-1417.02.
Source
Laws 1971, LB 768, § 5;
Laws 1972, LB 1335, § 2;
Laws 1974, LB 754, § 3;
Laws 1983, LB 234, § 20;
Laws 2000, LB 1018, § 2;
Laws 2003, LB 498, § 2;
Laws 2010, LB816, § 56;
Laws 2013, LB164, § 1;
Laws 2017, LB346, § 3.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1404 - Executive director; duties; meetings of board; attorney; other employees; salaries; office at capitol.

60-1404.
Executive director; duties; meetings of board; attorney; other employees; salaries; office at capitol.
The board shall have the authority to employ an executive director who shall direct and administer the affairs of the board and who shall keep a record of all proceedings, transactions, communications, and official acts of the board. He or she shall be custodian of all records of the board and perform such other duties as the board may require. The executive director shall call a meeting of the board at the direction of the chairperson thereof or upon a written request of two or more members thereof. The executive director, with the approval of the board, is authorized to employ an attorney at a minimum salary of six hundred dollars per month together with such other employees, including staff for its attorney, as may be necessary to properly carry out the Motor Vehicle Industry Regulation Act, to fix the salaries of such employees, and to make such other expenditures as are necessary to properly carry out the act. The office of the board shall be maintained in the State Capitol at Lincoln and all files, records, and property of the board shall at all times be and remain therein. The executive director shall be the board's representative in the administration of the act, and he or she shall insure that the policies and directives of the board are carried out.
Source
Laws 1957, c. 280, § 4, p. 1016;
Laws 1969, c. 515, § 2, p. 2113;
Laws 1974, LB 754, § 4;
Laws 1984, LB 825, § 13;
Laws 2010, LB816, § 57.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1405 - Attorney General; attorney for board; fees and expenses.

60-1405.
Attorney General; attorney for board; fees and expenses.
The Attorney General shall render to the Nebraska Motor Vehicle Industry Licensing Board opinions on all questions of law relating to the interpretation of the Motor Vehicle Industry Regulation Act or arising in the administration thereof. The Attorney General shall act as attorney for the board in all actions and proceedings brought by or against it under or pursuant to any of the provisions of the act. All fees and expenses of the Attorney General for such duties shall be paid out of the Nebraska Motor Vehicle Industry Licensing Fund.
Source
Laws 1957, c. 280, § 5, p. 1016;
Laws 2010, LB816, § 58.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1407.02 - Sales tax permit; authorized use; violations; penalty.

60-1407.02.
Sales tax permit; authorized use; violations; penalty.
It shall be unlawful for any person holding a Nebraska sales tax permit, except a dealer licensed pursuant to the Motor Vehicle Industry Regulation Act, to sell or offer for sale any motor vehicle, motorcycle, or trailer, not owned by such person, on the premises covered by such sales tax permit. Any person violating this section shall be guilty of a Class IV misdemeanor.
Source
Laws 1972, LB 1335, § 15;
Laws 1977, LB 39, § 93;
Laws 2010, LB816, § 62.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1407.03 - Special permit for sale at other than established place of business; issuance.

60-1407.03.
Special permit for sale at other than established place of business; issuance.
Notwithstanding the other provisions of the Motor Vehicle Industry Regulation Act restricting sales to an established place of business, any motor vehicle, motorcycle, or trailer dealer licensed in accordance with the act may be granted a special permit to display and sell passenger cars, motor vehicles, motorcycles, trailers, or self-propelled motor homes at fairs, sports shows, vacation shows, and similar events, subject to the conditions established by sections 60-1407.02 to 60-1407.04.
Source
Laws 1972, LB 1335, § 16;
Laws 1974, LB 754, § 6;
Laws 1981, LB 361, § 2;
Laws 2000, LB 1018, § 5;
Laws 2010, LB816, § 63.