reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-304.04 - Transportation of railroad carrier employees; license; application; fee; issuance; conditions; renewal; fee; failure to comply; effect; commission; authority.

75-304.04.
Transportation of railroad carrier employees; license; application; fee; issuance; conditions; renewal; fee; failure to comply; effect; commission; authority.
(1) Any motor carrier operating in this state engaged in the intrastate transportation for hire of employees of a railroad carrier engaged in interstate commerce to or from their work locations shall apply to the commission for a license prior to transporting such employees in intrastate commerce. A license shall be issued by the commission to any qualified applicant upon payment of a license fee of two hundred fifty dollars and receipt of a completed application in which the principal place of business of the applicant in the State of Nebraska is identified and the applicant agrees and affirms to perform the service in conformance with section 75-307 and the rules and regulations adopted and promulgated by the commission relating to driver qualifications, equipment, operating standards, and record keeping. Otherwise the application shall be denied. Applications for initial and renewal licenses shall be on forms prescribed by the commission. A license issued under this section shall be valid for one year and may be renewed annually for a fee of two hundred fifty dollars. A license may be suspended or revoked by the commission after notice and hearing for failure to comply with section 75-307, and any rule or regulation adopted and promulgated under this section, or any lawful order of the commission.
(2) Any person who applies for a license pursuant to this section shall comply with the requirements of section 75-307. The commission shall have no authority to regulate the rates of any motor carrier who is issued a license under this section.
Source
Laws 2020, LB461, § 9.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-305 - Fees; amount; when due; disposition.

75-305.
Fees; amount; when due; disposition.
(1) Every regulated motor carrier subject to sections 75-301 to 75-322 other than transportation network companies shall pay an annual fee not exceeding the sum of eighty dollars for each motor vehicle operated, which fee shall be fixed by the commission and shall not exceed the amount actually necessary to sustain the administration and enforcement of such sections. When the applicant has registered his or her motor vehicles under section 60-3,198, such fee shall be payable on whichever shall be the lesser of (a) the proportion of his or her fleet so registered or (b) the number of motor vehicles owned by him or her and actually used in intrajurisdiction business within this state, except that such annual fee for any truck-trailer or tractor-trailer combination shall be one hundred twenty dollars. In the case of a truck-trailer or tractor-trailer combination, only one license plate shall be required for such combination.
(2) Every transportation network company shall pay an annual fee. The company may choose to pay either twenty-five thousand dollars or not to exceed eighty dollars for each personal vehicle operated by a driver of the transportation network company. The commission shall establish the amount per vehicle so that the amount collected does not exceed the amount actually necessary to sustain the administration and enforcement of laws, rules, and regulations governing transportation network companies.
(3) Such annual fees shall be due and payable on or before January 1 and shall be delinquent on March 1 of each year after such permit or certificate has been issued. If the initial certificate or permit is issued to a motor carrier on or after July 1, the fee shall be fifty percent of the annual fee. Such fees shall be paid to and collected by the commission and remitted to the State Treasurer within thirty days of receipt. The State Treasurer shall credit fees received pursuant to subsection (2) of this section to the Transportation Network Company Regulation Cash Fund for enforcement of laws, rules, and regulations governing transportation network companies. The State Treasurer shall credit fees received pursuant to subsection (1) of this section to the General Fund.
Source
Laws 1963, c. 425, art. III, § 5, p. 1378;
Laws 1969, c. 606, § 4, p. 2470;
Laws 1982, LB 928, § 58;
Laws 1989, LB 78, § 21;
Laws 1993, LB 412, § 7;
Laws 1995, LB 424, § 28;
Laws 1996, LB 1218, § 46;
Laws 2003, LB 187, § 23;
Laws 2003, LB 563, § 40;
Laws 2005, LB 274, § 270;
Laws 2015, LB629, § 25.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-306 - Receipt for fees; license plates and renewal tabs.

75-306.
Receipt for fees; license plates and renewal tabs.
Receipt for the payment of annual fees shall be issued by the commission. The commission shall issue sufficient license plates and renewal tabs to any regulated motor carrier who is in compliance with sections 75-301 to 75-322 and the rules and regulations of the commission, except contractors operating pursuant to section 75-303.02 and transportation network companies, for the purpose of identification of regulated motor carriers subject to sections 75-301 to 75-322 and to distinguish those regulated motor carriers from other commercial motor carriers not subject to such sections. The Director of Motor Vehicles shall prepare a form of license plate and renewal tab for such regulated motor carriers and furnish a sufficient supply of them to the commission.
Source
Laws 1963, c. 425, art. III, § 6, p. 1379;
Laws 1969, c. 606, § 5, p. 2471;
Laws 1989, LB 78, § 22;
Laws 1993, LB 412, § 8;
Laws 1994, LB 414, § 70;
Laws 1995, LB 424, § 29;
Laws 1996, LB 1218, § 47;
Laws 2015, LB629, § 26;
Laws 2017, LB263, § 85.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-308 - Tariff; publication; unlawful practices.

75-308.
Tariff; publication; unlawful practices.
It is unlawful for a regulated motor carrier to engage in the transportation of passengers or, until July 1, 2021, household goods, in intrastate commerce unless the motor carrier has filed, published, and kept open for inspection its tariff schedule as provided in section 75-124 in the manner prescribed by the commission pursuant to such section. Until July 1, 2021, no regulated motor carrier shall engage in the transportation of household goods in intrastate commerce unless it has obtained a copy of the most current applicable tariff, or a tariff prepared by a tariff publishing bureau or an individual, which conforms with the rates and charges prescribed by the commission.
Source
Laws 1963, c. 425, art. III, § 8, p. 1380;
Laws 1983, LB 309, § 1;
Laws 1995, LB 424, § 34;
Laws 2020, LB461, § 11.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-308.01 - Operational conditions; meetings of motor carriers authorized; purposes; joint-line arrangements authorized; joint rates; how treated.

75-308.01.
Operational conditions; meetings of motor carriers authorized; purposes; joint-line arrangements authorized; joint rates; how treated.
(1) Any two or more motor carriers authorized to operate under a common tariff approved by the commission under section 75-118 or 75-304.01 shall be permitted to meet and review operational conditions of affected motor carriers for the following purposes:
(a) To study the ratio of expenses to income and general financial condition of the motor carrier industry in Nebraska;
(b) To determine whether any change or changes should be made in any commission-approved tariff;
(c) To consider the joint employment of technical assistance to accomplish the purposes set forth in this section;
(d) To determine whether it is necessary to file an application to make tariff changes; and
(e) To do all other acts necessary to accomplish the filing of a rate application with the commission.
(2) Motor carriers may establish joint-line arrangements for intrastate transportation of property to exchange or to interline freight that each motor carrier transports over a part of the joint route and to agree to a joint rate for the transportation service. Motor carriers may also collectively participate in, establish, and use a freight classification system and mileage guide that can be used to determine the rates for intrastate transportation.
(3) The laws of this state relating to competition shall not apply to motor carriers and other persons who carry out the activities described in subsection (2) of this section. The commission may regulate the activities described in subsection (2) of this section and shall investigate and issue orders when necessary to preserve the sound and efficient transportation of property by motor carriers.
Source
Laws 1978, LB 845, § 1;
Laws 1994, LB 414, § 71;
Laws 1995, LB 424, § 35.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-309 - Certificate of public convenience and necessity or permit; required; exception.

75-309.
Certificate of public convenience and necessity or permit; required; exception.
Except for operations pursuant to a contract authorized by sections 75-303.02 and 75-303.03, it shall be unlawful for any common or contract carrier by motor vehicle subject to the provisions of sections 75-101 to 75-155 and 75-301 to 75-322 to engage in any intrastate operations on any public highway in Nebraska unless there is in force with respect to such common carrier a certificate of public convenience and necessity, a permit to such contract carrier, or a permit to a transportation network company under section 75-324, issued by the commission which authorizes such operations.
Source
Laws 1963, c. 425, art. III, § 9, p. 1381;
Laws 1967, c. 479, § 15, p. 1482;
Laws 1989, LB 78, § 24;
Laws 1993, LB 412, § 9;
Laws 1994, LB 414, § 72;
Laws 1995, LB 424, § 36;
Laws 2015, LB629, § 28;
Laws 2017, LB263, § 86.
Annotations
The Public Service Commission has original jurisdiction and sole power to grant, amend, deny, revoke, or transfer common carrier certificates of public convenience and necessity, and such proceedings are administrative and legislative in character. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991).
Applicant's fitness and his claimed violation hereof are to be judged by the commission on the record before it. Robinson v. National Trailer Convoy, Inc., 188 Neb. 474, 197 N.W.2d 633 (1972).
Carrier has no right to tack authorities unless that right is granted in certificate. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-309.01 - Transportation of passengers for hire; operation without certificate; nuisance; penalty.

75-309.01.
Transportation of passengers for hire; operation without certificate; nuisance; penalty.
Each motor vehicle owned, used, or attempted to be used by any person as a common or contract carrier to transport passengers for hire in violation of section 75-309 is declared to be a public nuisance and subject to seizure and confiscation by any person charged with the enforcement of this section. Any motor vehicle which is owned, used, or attempted to be used by any person as a common or contract carrier to transport passengers for hire in violation of section 75-309 may be seized upon the arrest of the person who uses or owns the motor vehicle, and upon the conviction of the person for the violation of such section, the motor vehicle shall, as a part of the element of the violation, at the discretion of the court, be forfeited to the state and delivered to the commission to be disposed of as provided by law. The sale shall be subject to any liens of record. The commission shall remit the proceeds of the sale to the State Treasurer for credit to the permanent school fund.
Source
Laws 1963, c. 427, § 1, p. 1432;
Laws 1994, LB 414, § 73;
Laws 1995, LB 424, § 37;
Laws 1996, LB 1218, § 49.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-310 - Application for certificate or permit; petition for relief; requirements.

75-310.
Application for certificate or permit; petition for relief; requirements.
Except for applications to operate a transportation network company, applications for certificates or permits and petitions for relief shall be made to the commission in writing and shall be in such form and contain such information as the commission shall by rule require. A summary of the authority or relief sought in an application or petition shall be given to interested persons according to the rules the commission shall adopt. After notice of an application or petition has been given to interested persons as provided by the rules for notice, the commission may process the application or petition without a hearing by use of affidavits if the application or petition is not opposed.
Source
Laws 1963, c. 425, art. III, § 10, p. 1381;
Laws 1967, c. 479, § 16, p. 1482;
Laws 2015, LB629, § 29.
Annotations
Rule relating to tacking of authorities is within the ambit of authority granted to commission under this and other related sections. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-313 - Certificate; permit; terms.

75-313.
Certificate; permit; terms.
(1) Except as provided in subsection (2) of this section, each certificate shall specify the service to be rendered, the routes, the fixed termini, if any, and the intermediate and off-route points, if any, and in case of operations not over specified routes or between fixed termini, the territory within which such carrier is authorized to operate. Each permit shall specify the business of the contract carrier covered thereby and the scope thereof. There shall, at the time of issuance, and from time to time thereafter, be attached to the exercise of the privileges granted by the certificate or permit such reasonable terms, conditions, and limitations as the public convenience and necessity, or the character of the holder as a contract carrier, may from time to time require, including terms, conditions, and limitations as to the extension of the route or routes of the carrier, and such terms and conditions as are necessary to carry out, with respect to the operations of the carrier, the requirements established by the commission. No terms, conditions, or limitations shall restrict the right of a contract carrier to substitute or add contracts within the scope of the permit, or to add to the equipment and facilities within the scope of the permit, as the development of the business and the demands of the public may require.
(2) This section does not apply to a transportation network company.
Source
Laws 1963, c. 425, art. III, § 13, p. 1382;
Laws 2015, LB629, § 31.
Annotations
Willful failure to perform a service and dormancy cannot in all cases be equated. Dahlsten v. Harris, 191 Neb. 714, 217 N.W.2d 813 (1974).
Unless carrier's certificate includes right to tack authorities, it has no such right. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-314 - Deviation from route; special or charter parties.

75-314.
Deviation from route; special or charter parties.
A common carrier by motor vehicle operating under any certificate issued under section 75-311 may occasionally deviate from the route over which or the fixed termini between which it is authorized to operate under the certificate under such general or special rules and regulations as the commission may prescribe. Any common carrier by motor vehicle who transports passengers under its certificate may operate in intrastate commerce to any place carrying special or charter parties under such rules and regulations as prescribed by the commission.
Source
Laws 1963, c. 425, art. III, § 14, p. 1382;
Laws 1995, LB 424, § 39.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-315 - Certificates; permits; effective date; revocation or suspension; grounds.

75-315.
Certificates; permits; effective date; revocation or suspension; grounds.
Permits and certificates shall be effective from the dates specified in the permits and certificates and shall remain in effect until terminated as provided in this section and section 75-316. A permit or certificate may, upon application of the permit or certificate holder, in the discretion of the commission, be revoked or may, upon complaint or on the commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for willful failure to comply with any of the provisions of sections 75-101 to 75-801, with any lawful order, rule, or regulation of the commission promulgated under such sections, or with any term, condition, or limitation of the permit or certificate. The commission may, after notice and a hearing, suspend or revoke the permit or certificate of a motor carrier who refuses or subjects to any undue or unreasonable delay any pickup, delivery, or connecting line service, to any shipper, consignee, carrier, or any other person or persons, at any point authorized to be served by such carrier, notwithstanding any hot cargo agreement or other agreement between such motor carrier and a labor organization or any other organization or person.
Source
Laws 1963, c. 425, art. III, § 15, p. 1383;
Laws 1969, c. 607, § 1, p. 2472;
Laws 1995, LB 424, § 40.
Annotations
An act or failure to act within the provisions of this section may be willful within the meaning of the statute even though a decision to cease operations under the certificate may be the consequence of circumstances such as financial failure over which the carrier may not have absolute control. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
The term "willful failure" as used in this section means a repeated or continued failure to file reports required by this act. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
Under the provisions of this section, the Nebraska Public Service Commission may, upon complaint or on the commission's own initiative and after notice and hearing, suspend, revoke, or change a certificate of a common carrier for willful failure to comply with any of the provisions of sections 75-101 to 75-801, R.R.S.1943. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
The willful failure herein is such behavior through acts of commission or omission which justifies a belief there was an intent entered into and characterizing the failure complained of. Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-316 - Suspension of service; approval of commission; voluntary revocation of certificate or permit.

75-316.
Suspension of service; approval of commission; voluntary revocation of certificate or permit.
Except for circumstances beyond the control of the regulated motor carrier, such as strikes against such carrier, acts of God, and the common enemy, service under a certificate of public convenience and necessity or a permit shall not be suspended without first obtaining approval of the commission. Nothing in sections 75-101 to 75-801 shall prevent the holder of a certificate or permit from requesting revocation of such certificate or permit as provided for in section 75-315.
Source
Laws 1963, c. 425, art. III, § 16, p. 1383;
Laws 1995, LB 424, § 41.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-319 - Sale, transfer, lease, or consolidation; temporary approval.

75-319.
Sale, transfer, lease, or consolidation; temporary approval.
(1) Pending the determination of an application filed under section 75-318, the commission may, in its discretion, after not less than five days' notice to interested carriers, and without hearings or other proceedings, grant temporary approval, for a period not exceeding ninety days, of a lease of the regulated motor carrier properties and of the certificates or permits sought to be acquired to the person filing the application, if it shall appear that failure to grant such temporary approval may result in destruction of or injury to such regulated motor carrier properties, and certificates or permits sought to be acquired, or interfere substantially with their future usefulness in the performance of adequate and continuous service to the public.
(2) Transportation service rendered under such temporary authority shall be subject to the provisions of sections 75-101 to 75-801 and to the rules, regulations, and requirements of the commission.
(3) The grant of temporary authority and the operations thereunder shall not be admissible in evidence to establish or prove the present or future public convenience and necessity.
(4) No renewal or extension of the period of ninety days provided for in this section shall be granted.
Source
Laws 1963, c. 425, art. III, § 19, p. 1386;
Laws 1995, LB 424, § 43.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-320 - Sale or transfer of stock ownership; change in partnership or limited liability company; approval of commission; hearing.

75-320.
Sale or transfer of stock ownership; change in partnership or limited liability company; approval of commission; hearing.
No transfer, assignment, or sale of stock or change of stock ownership or any interest therein which will directly or indirectly result in a transfer, assignment, sale, or change in the control of the corporation holding a certificate or permit, and no change of one or more of the partners or members, when the certificate holder is a partnership or a limited liability company, will be effective or valid, unless the carrier or person seeking to acquire control of the corporation or unless the applicant seeking to effect a change in one or more of the partners or members in a partnership or limited liability company holding a certificate or permit, respectively, obtains approval of the commission under such rules and regulations as the commission may prescribe. Approval of the proposed transaction, either in whole or in part, may be given, after notice and hearing, only upon findings by the commission that such transaction will be consistent with the public interest, that it will not unduly restrict competition, and that the applicant is fit, willing, and able to properly perform the proposed service.
Source
Laws 1963, c. 425, art. III, § 20, p. 1386;
Laws 1993, LB 121, § 465.
Annotations
Mere absence of applicant does not constitute failure of evidence of fitness, willingness, and ability. Abler v. Herman Bros., Inc., 187 Neb. 530, 192 N.W.2d 410 (1971).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-321 - Certificate; permit; death or incompetency of holder; transfer; approval of commission.

75-321.
Certificate; permit; death or incompetency of holder; transfer; approval of commission.
Upon the death of an individual holder of a certificate or permit, or upon an individual certificate or permit holder being legally declared mentally incompetent, the authority conferred by such certificate shall continue with the legal representative of the deceased or mentally incompetent holder thereof for a period of one year from the date of the holder's death or the declaration of mental incompetency, after which the authority conferred thereby shall cease and the certificate or permit be revoked and canceled without further order of the commission, unless application has been made to transfer such authority, in which case the authority shall continue with the legal representative until there has been a final determination of the application. In the event that application is made by the legal representative not less than thirty days prior to the end of such period of one year, the commission may, at its discretion and for cause shown, allow the transfer of the authority to the executors, administrators, guardians, trustees, or other legal representatives of the deceased holder for a period to be fixed by the commission. In considering such application, pertinent orders or decrees of the court having jurisdiction over the estate of the decedent or mentally incompetent person may be deemed cause for the granting thereof. When the individual holder of a certificate or permit dies or is declared legally incompetent and an application is made to transfer the authority issued under the certificate or permit to his or her legal representative, the commission may dispose of the application without hearing, if notice is given to all interested parties.
Source
Laws 1963, c. 425, art. III, § 21, p. 1387;
Laws 1986, LB 1177, § 31.
Annotations
This section is not applicable after order authorizing permanent transfer. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-322 - Certificate; permit; trustee, receiver, or assignee; continue operations; petition; order of commission.

75-322.
Certificate; permit; trustee, receiver, or assignee; continue operations; petition; order of commission.
If a trustee, receiver, assignee, custodian, or similar officer or officers, shall be appointed by a court of competent jurisdiction, or shall be selected by creditors in accordance with provisions of law, with authority to take or retain possession and to operate the property and business of a certificate or permit holder, such officer or officers shall have authority to perform the service authorized in the certificate or permit of the debtor carrier for a period of ninety days from his or their appointment or selection. Such officer or officers may petition the commission for authority to conduct the operations for an additional period of time, and the commission may, for good cause shown, grant such authority. If such petition is filed within ninety days of the appointment or selection of the petitioner or petitioners, he or they shall have the authority to continue such operations pending decision by the commission on the petition. In considering such petitions, pertinent orders or decrees of the court having jurisdiction may be deemed cause for the granting thereof.
Source
Laws 1963, c. 425, art. III, § 22, p. 1387.
Annotations
A trustee in bankruptcy, receiver, or custodian in possession under a bankruptcy arrangement, of a carrier, has the rights in the certificate of convenience and necessity of the carrier which are provided by this section, and these rights must be respected by the Nebraska Public Service Commission. Neb. Public Service Commission v. Grand Island Mov. & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-326 - Participating driver; requirements; criminal history record information check.

75-326.
Participating driver; requirements; criminal history record information check.
(1) A participating driver must possess a valid driver's license, proof of registration, and proof of automobile liability insurance and be at least twenty-one years of age.
(2) Prior to permitting a person to act as a driver, the transportation network company shall obtain and review a national criminal history record information check. The criminal disposition information retrieved by the transportation network company's national criminal history record information check shall be at least as comprehensive as the criminal disposition information retrieved by a national criminal history record information check performed by the Federal Bureau of Investigation pursuant to section 81-6,120. Nothing in this subsection shall be construed to require fingerprinting as part of the national criminal history record information check.
(3) A person who has four or more moving traffic violations or one or more major traffic violations in the three years prior to the date of the criminal background check shall not serve as a driver. For purposes of this subsection, the following offenses shall constitute major traffic violations:
(a) Failure to stop and report or render aid as required under section 60-696 or 60-697;
(b) Reckless driving in violation of any city or village ordinance or of section 60-6,213, 60-6,214, or 60-6,217;
(c) Speeding of more than thirty-five miles per hour over the speed limit; and
(d) Failure to yield to a pedestrian resulting in bodily injury to a pedestrian.
(4) A person who has been convicted of or pled guilty or nolo contendere to driving under the influence of drugs or alcohol in the previous seven years in this state or any other state or territory prior to the date of the criminal background check shall not serve as a driver.
(5) A person who is required to register as a sex offender or who has been convicted of or pled guilty or nolo contendere to any offense involving fraud, use of a motor vehicle to commit a felony, a crime involving property damage, theft, acts of violence, or acts of terror shall not serve as a driver.
Source
Laws 2015, LB629, § 5.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-327 - Prearranged ride required; limit on hours; dynamic pricing; filing of rates; receipt; contents.

75-327.
Prearranged ride required; limit on hours; dynamic pricing; filing of rates; receipt; contents.
(1) A participating driver shall not provide a ride unless it is a prearranged ride. No person shall be a participating driver for a period of more than twelve hours during each twenty-four-hour period.
(2)(a) A transportation network company may offer service for compensation, no charge, or suggested compensation.
(b) Except as provided in this section, transportation network companies shall not be subject to rate regulation by the commission and shall not be subject to provisions relating to rates and charges prescribed in sections 75-101 to 75-158.
(c) A transportation network company shall file with the commission the rates it uses to determine any compensation or suggested compensation on its online-enabled application or platform, including any use of dynamic pricing. The transportation network company shall keep the rate filing current and shall charge rates consistent with the rates it files with the commission.
(d) The following requirements apply if the transportation network company uses dynamic pricing through its online-enabled application or platform:
(i) The transportation network company's online-enabled application or platform shall provide clear visible indication that dynamic pricing is in effect prior to the passenger requesting a ride;
(ii) The transportation network company's online-enabled application or platform shall include a feature that requires the passenger to expressly confirm that he or she understands that dynamic pricing will be used in order for the ride request to be completed;
(iii) The transportation network company's online-enabled application or platform shall provide a fare estimator that enables the passenger to estimate the cost under dynamic pricing prior to requesting the ride; and
(iv) Dynamic pricing shall not be permitted during any state of emergency declared by the Governor.
(3) Upon completion of a prearranged ride, a transportation network company shall transmit an electronic receipt to the passenger's email address or online-enabled application documenting the following:
(a) The point of origin and destination of the prearranged ride;
(b) The total duration and distance of the prearranged ride;
(c) The total amount paid, if any, including the base fare and any additional charges incurred for distance traveled or duration of the prearranged ride; and
(d) The driver's first name.
Source
Laws 2015, LB629, § 6.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-328 - Use of personal vehicle; requirements; initial safety inspection; annual inspection; reports available.

75-328.
Use of personal vehicle; requirements; initial safety inspection; annual inspection; reports available.
(1) In order to be used under sections 75-323 to 75-343, a personal vehicle shall be in compliance with the Motor Vehicle Registration Act as required for a passenger car as defined in section 60-345.
(2) A transportation network company or a certified mechanic shall perform an initial safety inspection on each personal vehicle prior to approving it for use as a personal vehicle. The inspection shall include inspection of at least the following components and such components shall be in good working order:
(a) Foot brakes;
(b) Parking or emergency brakes;
(c) Steering mechanism;
(d) Windshield;
(e) Rear window and other glass;
(f) Windshield wipers;
(g) Headlights;
(h) Taillights;
(i) Turn indicator lights;
(j) Stop lights;
(k) Front seat adjustment mechanism;
(l) The opening, closing, and locking capability of doors;
(m) Horn;
(n) Speedometer;
(o) Bumpers;
(p) Muffler and exhaust system;
(q) Tire conditions, including tread depth;
(r) Interior and exterior rear-view mirrors; and
(s) Safety belts for driver and passengers.
(3) Annually thereafter, a driver shall obtain such an inspection and approval of the driver's personal vehicle in order to continue its use as a personal vehicle. A driver shall maintain proof of the current inspection.
(4) A transportation network company shall make the initial and annual inspection reports available to the commission upon request.
Source
Laws 2015, LB629, § 7.
Cross References
Motor Vehicle Registration Act, see section 60-301.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-329 - Inspection of records; complaint; commission powers; treatment of records.

75-329.
Inspection of records; complaint; commission powers; treatment of records.
(1) The commission or the employees or duly authorized agents of the commission may, in a mutually agreed-upon setting, inspect any records held by a transportation network company which the commission determines are necessary to review to ensure public safety, including information obtained pursuant to section 75-326. Such inspection of records shall occur no more than once each calendar quarter unless the commission finds it necessary pursuant to rules and regulations adopted and promulgated by the commission. Such inspection shall be conducted on an audit basis rather than a comprehensive basis.
(2) In response to a specific complaint, the commission may inspect any records held by a transportation network company which the commission determines are necessary to investigate and resolve the complaint, including information obtained pursuant to section 75-326.
(3) Any records obtained or inspected pursuant to this section shall not be considered public records subject to sections 84-712 to 84-712.09 and shall not be subject to disclosure by the commission except when publicly disclosed as evidence in a civil penalty proceeding pursuant to section 75-156 or in a criminal proceeding prosecuted by the state.
Source
Laws 2015, LB629, § 8.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-331 - Transportation Network Company Regulation Cash Fund; created; use; investment.

75-331.
Transportation Network Company Regulation Cash Fund; created; use; investment.
The Transportation Network Company Regulation Cash Fund is created. The commission shall use the fund to carry out the policies described in section 75-301, including, but not limited to, the regulation of transportation network companies and the enforcement of sections 75-323 to 75-343 and the rules and regulations adopted and promulgated by the commission under such sections, and for the costs associated with the administration of the fund. The fund shall contain the fees remitted pursuant to section 75-305. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2015, LB629, § 10;
Laws 2018, LB618, § 1.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-332 - Driver; disclosure by transportation network company; contents; acknowledgment; notice to lienholder; record.

75-332.
Driver; disclosure by transportation network company; contents; acknowledgment; notice to lienholder; record.
(1) Prior to permitting a person to act as a driver, a transportation network company shall disclose in writing to each participating driver:
(a) The insurance coverage, the limits of liability, and any deductible amounts that the transportation network company maintains while the driver uses a personal vehicle in connection with a transportation network company's online-enabled application or platform;
(b) That in many personal automobile insurance policies, the driver's policy does not provide coverage for damage to the vehicle used by the driver, uninsured and underinsured motorist coverage, and other first-party claims from the moment the driver logs on to the transportation network company's online-enabled application or platform to the moment the driver logs off the transportation network company's online-enabled application or platform. The driver should contact his or her insurer to determine coverage;
(c) That if the driver is planning to use a vehicle that has a lien against it to provide service in connection with a transportation network company, the driver of the vehicle must notify the lienholder at least seven days prior to using the vehicle to provide such service that the driver intends to use the vehicle to provide service in connection with a transportation network company by complying with subsection (3) of this section; and
(d) That the driver is responsible to know the laws, rules, and regulations that govern the service he or she provides in connection with a transportation network company.
(2) The transportation network company shall make the disclosure required by subdivision (1)(c) of this section a distinctive part of the driver's terms of service and shall require a separate acknowledgment of this disclosure by each driver by electronic or handwritten signature.
(3) The commission shall adopt and promulgate rules and regulations to establish a procedure to confirm that drivers have notified lienholders as required by subdivision (1)(c) of this section. The commission shall keep a record of such confirmation for at least five years and shall make such record available to lienholders.
Source
Laws 2015, LB629, § 11.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-333 - Transportation network company insurance; requirements.

75-333.
Transportation network company insurance; requirements.
(1) Beginning on September 1, 2015, a transportation network company and a participating driver shall maintain transportation network company insurance as provided in this section. Unless otherwise specified, the following requirements shall apply to transportation network company insurance during the engaged stage and during the passengers on board stage:
(a) Primary liability coverage in the amount of at least one million dollars for death, personal injury, and property damage; and
(b) Uninsured and underinsured motorist coverage for both the driver and passengers in the amounts required by the Uninsured and Underinsured Motorist Insurance Coverage Act.
(2) The requirements for the coverage required by this section may be satisfied by any of the following:
(a) Transportation network company insurance maintained by a participating driver;
(b) Transportation network company insurance maintained by a transportation network company; or
(c) Any combination of subdivisions (2)(a) and (b) of this section.
(3) The insurer providing transportation network company insurance under this section shall have the duty to defend and indemnify the insured.
(4) An insurance policy required under sections 75-332 to 75-341 shall be placed with an authorized Nebraska insurer or with a surplus-lines insurer pursuant to Chapter 44.
Source
Laws 2015, LB629, § 12.
Cross References
Uninsured and Underinsured Motorist Insurance Coverage Act, see section 44-6401.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-334 - Transportation network company insurance during application open stage; requirements.

75-334.
Transportation network company insurance during application open stage; requirements.
(1) Beginning on September 1, 2015, the following requirements shall apply to transportation network company insurance during the application open stage:
(a) Transportation network company insurance shall be primary and in the amount of at least twenty-five thousand dollars for death and personal injury per person, fifty thousand dollars for death and personal injury per incident, and twenty-five thousand dollars for property damage; and
(b) Uninsured motorist coverage pursuant to the Uninsured and Underinsured Motorist Insurance Coverage Act.
(2) The requirements for the coverage required by this section may be satisfied by any of the following:
(a) Transportation network company insurance maintained by a participating driver;
(b) Transportation network company insurance maintained by a transportation network company; or
(c) Any combination of subdivisions (2)(a) and (b) of this section.
(3) The insurer providing transportation network company insurance under this section shall have the duty to defend and indemnify the insured.
Source
Laws 2015, LB629, § 13.
Cross References
Uninsured and Underinsured Motorist Insurance Coverage Act, see section 44-6401.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-335 - Coverage of insurance; certificate of insurance; filing required.

75-335.
Coverage of insurance; certificate of insurance; filing required.
(1) Coverage under a transportation network company insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim nor shall a personal automobile insurance policy, including a personal liability umbrella policy, be required to first deny a claim.
(2) When transportation network company insurance maintained by a participating driver to fulfill the insurance obligations of sections 75-332 to 75-341 has lapsed or ceased to exist, the transportation network company shall provide the coverage required by sections 75-332 to 75-341 beginning with the first dollar of a claim.
(3) For transportation network company insurance maintained by a transportation network company to meet the requirements of sections 75-332 to 75-341, a certificate of insurance shall be filed with the commission specifying that on cancellation or nonrenewal of the transportation network company insurance, the insurer must send written notice of the cancellation or nonrenewal to the commission at least thirty days before the effective date of the cancellation or nonrenewal.
Source
Laws 2015, LB629, § 14.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-336 - Liability; certain payments; how treated.

75-336.
Liability; certain payments; how treated.
(1) Sections 75-323 to 75-343 shall not limit the liability of a transportation network company arising out of an automobile accident involving a participating driver in any action for damages against a transportation network company for an amount above the required insurance coverage.
(2) In the event of a loss involving a personal vehicle used in connection with a transportation network company and if such personal vehicle is subject to a lien, the transportation network company insurance carrier shall make payment for a claim covered under collision physical damage coverage or comprehensive physical damage coverage directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.
Source
Laws 2015, LB629, § 15.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-337 - Owner of personal vehicle; duty.

75-337.
Owner of personal vehicle; duty.
The owner of any personal vehicle used in connection with a transportation network company shall have the duty to maintain collision physical damage coverage and comprehensive physical damage coverage for transportation network company activity if the vehicle is required to carry such coverage due to a contractual obligation.
Source
Laws 2015, LB629, § 16.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-338 - Sections; how construed.

75-338.
Sections; how construed.
Nothing in sections 75-323 to 75-343 shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage during the period of time from the moment a participating driver logs on to a transportation network company's online-enabled application or platform until the driver logs off the online-enabled application or platform or the passenger exits the personal vehicle, whichever is later.
Source
Laws 2015, LB629, § 17.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-339 - Personal automobile insurer; policy, amendment, or endorsement; contents.

75-339.
Personal automobile insurer; policy, amendment, or endorsement; contents.
Notwithstanding any other law, a personal automobile insurer may, at its discretion, offer an automobile insurance policy, or an amendment or endorsement to an existing policy, that covers a private passenger motor vehicle, station wagon type vehicle, sport utility vehicle, or similar type of motor vehicle with a passenger capacity of eight persons or less, including the driver, while used in connection with a transportation network company's online-enabled application or platform only if the policy expressly provides for the coverage during all or the defined portion of the time periods specified in sections 75-333 and 75-334, with or without a separate charge, or the policy contains an amendment or an endorsement to provide that coverage, for which a separately stated premium may be charged. The policy, amendment, or endorsement may include, but not be limited to:
(1) Comprehensive physical damage coverage;
(2) Collision physical damage coverage;
(3) Liability coverage for bodily injury and property damage;
(4) Medical payments coverage; and
(5) Uninsured and underinsured motorist coverage.
Source
Laws 2015, LB629, § 18.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-340 - Cooperation with insurers; maintenance of records.

75-340.
Cooperation with insurers; maintenance of records.
(1) In a claims coverage investigation, a transportation network company or its insurer shall cooperate with insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of dates and times at which an accident occurred that involved a participating driver and the precise times that the participating driver logged on and off the transportation network company's online-enabled application or platform in the twenty-four-hour period preceding the accident.
(2) All records, including electronic records, showing the time when a driver has logged in as active or logged out as inactive on the transportation network company's online-enabled application or platform, and any data or reports with information about the personal vehicle's involvement in a motor vehicle accident, that are maintained by the transportation network company shall be maintained for a minimum of five years after the date the loss is reported to the transportation network company.
Source
Laws 2015, LB629, § 19.