Nebraska State Statutes (as of 4/18/07)

Intrastate Motor Carrier Transport of Passengers and Household Goods

Contact: Nebraska Public Service Commission

Transportation Department

(402) 471-0226

___________________________________________________________________

Section 75-301
Motor carriers; regulation; legislative policy.

(1) It is the policy of the Legislature to comply with the laws of the United States, to promote uniformity of regulation, to prevent motor vehicle accidents, deaths, and injuries, to protect the public safety, to reduce redundant regulation, to promote financial responsibility on the part of all motor carriers operating in and through the state, and to foster the development, coordination, and preservation of a safe, sound, adequate, and productive motor carrier system which is vital to the economy of the state.

(2) It is the policy of the Legislature to (a) regulate transportation by motor carriers of passengers and household goods in intrastate commerce upon the public highways of Nebraska in such manner as to recognize and preserve the inherent advantages of and foster sound economic conditions in such transportation and among such carriers, in the public interest, (b) promote adequate economical and efficient service by motor carriers and reasonable charges therefor without unjust discrimination, undue preferences or advantages, and unfair or destructive competitive practices, (c) improve the relations between and coordinate transportation by and regulation of such motor carriers and other carriers, (d) develop and preserve a highway transportation system properly adapted to the needs of the commerce of Nebraska, (e) cooperate with the several states and the duly authorized officials thereof, and (f) cooperate with the United States Government in the administration and enforcement of the single state insurance registration system.

The commission, the Division of Motor Carrier Services, and the carrier enforcement division shall enforce all provisions of section 75-126 and Chapter 75, article 3, so as to promote, encourage, and ensure a safe, dependable, responsive, and adequate transportation system for the public as a whole.

Source:

Laws 1963, c. 425, art. III, ? 1, p. 1374
Laws 1989, LB 78, ? 14
Laws 1995, LB 424, ? 21
Laws 1996, LB 1218, ? 42

Annotations:

Denial of an application for authority to provide charter service in Nebraska because such a grant would endanger or impair operations of existing carriers, contrary to the public interest, found to be appropriate. In re Application of Crusader Coach Lines, 213 Neb. 53, 327 N.W.2d 98 (1982).
Where there is evidence to sustain the factors for and against the issuance of a permit to a contract carrier, required to be considered by the Nebraska State Railway Commission, the determination of the public interest is for the commission and not the courts. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).
Purpose of Nebraska Motor Carrier Act was not to stifle legitimate competition but to permit it where public convenience and necessity requires. Petroleum Transport Service, Inc. v. Wheeler Transport Service, Inc., 188 Neb. 400, 197 N.W.2d 8 (1972).
A permit which at best would merely allow one carrier to gain a competitive advantage over another in performing substantially the same service will not be granted. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 186 Neb. 261, 182 N.W.2d 648 (1971).
Meaning of word necessary has been shaped by policy of act. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).2. Jurisdiction
The primary consideration of Public Service Commission control is benefit to the public rather than to the individual. Ruan Transp. Corp. v. Herman Bros., Inc., 192 Neb. 343, 220 N.W.2d 245 (1974); Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).
The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).3. Miscellaneous
A litigant may not request a certificate of public convenience and necessity and in the same action and at the same time challenge the constitutionality of sections 75-301 through 75-322. In re Application of Nebraskaland Leasing & Assocs., 254 Neb. 583, 578 N.W.2d 28 (1998).
Commission had right to adopt rule prohibiting tacking of certain authorities and regulating tacking of other authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
Purpose of Nebraska Motor Carrier Act stated. Poulson v. Hargleroad Van & Storage Co., 183 Neb. 201, 159 N.W.2d 302 (1968).

Section 75-302
Terms, defined.

For purposes of sections 75-301 to 75-322 and in all rules and regulations adopted and promulgated by the commission pursuant to such sections, unless the context otherwise requires:

(1) Carrier enforcement division means the carrier enforcement division of the Nebraska State Patrol or the Nebraska State Patrol;

(2) Certificate means a certificate of public convenience and necessity issued under Chapter 75, article 3, to common carriers by motor vehicle;

(3) Civil penalty means any monetary penalty assessed by the commission or carrier enforcement division due to a violation of Chapter 75, article 3, or section 75-126 as such section applies to any person or carrier specified in Chapter 75, article 3; any term, condition, or limitation of any certificate or permit issued pursuant to Chapter 75, article 3; or any rule, regulation, or order of the commission, the Division of Motor Carrier Services, or the carrier enforcement division issued pursuant to Chapter 75, article 3;

(4) Commission means the Public Service Commission;

(5) Common carrier means any person who or which undertakes to transport passengers or household goods for the general public in intrastate commerce by motor vehicle for hire, whether over regular or irregular routes, upon the highways of this state;

(6) Contract carrier means any motor carrier which transports passengers or household goods for hire other than as a common carrier designed to meet the distinct needs of each individual customer or a specifically designated class of customers without any limitation as to the number of customers it can serve within the class;

(7) Division of Motor Carrier Services means the Division of Motor Carrier Services of the Department of Motor Vehicles;

(8) Escort services means an attendant or caregiver accompanying a minor or persons who are physically, mentally, or developmentally disabled and unable to travel or wait without assistance or supervision;

(9) Highway means the roads, highways, streets, and ways in this state;

(10) Household goods means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property as the commission may provide by regulation if the transportation of such effects or property, is:

(a) Arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with the intent to use in his or her dwelling; or

(b) Arranged and paid for by another party;

(11) Intrastate commerce means commerce between any place in this state and any other place in this state and not in part through any other state;

(12) Motor carrier means any person other than a regulated motor carrier who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport passengers or property over any public highway in this state;

(13) Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails;

(14) Permit means a permit issued under Chapter 75, article 3, to contract carriers by motor vehicle;

(15) Person means any individual, firm, partnership, limited liability company, corporation, company, association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof;

(16) Private carrier means any motor carrier which owns, controls, manages, operates, or causes to be operated a motor vehicle to transport passengers or property to or from its facility, plant, or place of business or to deliver to purchasers its products, supplies, or raw materials (a) when such transportation is within the scope of and furthers a primary business of the carrier other than transportation and (b) when not for hire. Nothing in sections 75-301 to 75-322 shall apply to private carriers except sections 75-307 to 75-307.03 as they apply to private carriers; and

(17) Regulated motor carrier means any person who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport passengers, other than those excepted under section 75-303, or household goods over any public highway in this state.

Source:

Laws 1963, c. 425, art. III, � 2, p. 1375;
Laws 1969, c. 606, � 1, p. 2467;
Laws 1972, LB 1370, � 1;
Laws 1989, LB 78, � 18;
Laws 1990, LB 980, � 25;
Laws 1993, LB 121, � 464;
Laws 1993, LB 412, � 2;
Laws 1995, LB 424, � 22;
Laws 1996, LB 1218, � 43;
Laws 1999, LB 594, � 66;
Laws 2006, LB 1069, � 3.

Annotations:

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).
In considering an application for a permit as a contract carrier, the Nebraska State Railway Commission is required to weigh the special needs of shippers desiring contract service against the adequacy of existing common carrier service. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).

~Revised Statutes Cumulative Supplement, 2006

Section 75-303
Motor carriers; scope of law.

Sections 75-301 to 75-322 shall apply to transportation by a motor carrier or the transportation of passengers and household goods by a regulated motor carrier for hire in intrastate commerce except for the following:

(1) A motor carrier for hire in the transportation of school children and teachers to and from school;

(2) A motor carrier for hire operated in connection with a part of a streetcar system;

(3) An ambulance, ambulance owner, hearse, or automobile used exclusively as an incident to conducting a funeral;

(4) A motor carrier exempt by subdivision (1) of this section which hauls for hire (a) persons of a religious, fraternal, educational, or charitable organization, (b) pupils of a school to athletic events, (c) players of American Legion baseball teams when the point of origin or termination is within five miles of the domicile of the carrier, and (d) the elderly as defined in section 13-1203 and their spouses and dependents under a contract with a municipality or county authorized in section 13-1208;

(5) A motor carrier operated by a city and engaged in the transportation of passengers, and such exempt operations shall be no broader than those authorized in intrastate commerce at the time the city or other political subdivision assumed ownership of the operation;

(6) A motor vehicle owned and operated by a nonprofit organization which is exempt from payment of federal income taxes, as provided by section 501(c)(4), Internal Revenue Code, transporting solely persons over age sixty, persons who are spouses and dependents of persons over age sixty, and handicapped persons;

(7) A motor carrier engaged in the transportation of passengers operated by a transit authority created under and acting pursuant to the laws of the State of Nebraska;

(8) A motor carrier operated by a municipality or county, as authorized in section 13-1208, in the transportation of elderly persons;

(9) A motor vehicle having a seating capacity of twenty or less which is operated by a governmental subdivision or a qualified public-purpose organization as defined in section 13-1203 engaged in the transportation of passengers in the state;

(10) A motor vehicle owned and operated by a nonprofit entity organized for the purpose of furnishing electric service; and

(11) A motor carrier engaged in escort services and under contract with the Department of Health and Human Services or with any agency organized under the Nebraska Community Aging Services Act.

Source:

Laws 1963, c. 425, art. III, ? 3, p. 1376
Laws 1969, c. 606, ? 2, p. 2468
Laws 1972, LB 1178, ? 1
Laws 1973, LB 54, ? 1
Laws 1973, LB 70, ? 1
Laws 1973, LB 345, ? 2
Laws 1974, LB 762, ? 1
Laws 1981, LB 85, ? 2
Laws 1981, LB 144, ? 8
Laws 1983, LB 98, ? 1
Laws 1989, LB 78, ? 19
Laws 1993, LB 412, ? 3
Laws 1993, LB 413, ? 3
Laws 1995, LB 424, ? 23
Laws 1996, LB 1218, ? 44
Laws 1999, LB 594, ? 67

Cross References:

Nebraska Community Aging Services Act,see section 81-2201.

Annotations:

The entitlement to an exemption under this section will deny the Public Service Commission its jurisdiction over a qualified exempt carrier. In re Application of Hunt Transportation, 214 Neb. 236, 333 N.W.2d 883 (1983).
The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

Section 75-303.01
Department of Health and Human Services Finance and Support; authorized agency; contracts for transportation authorized.

The Department of Health and Human Services Finance and Support or any agency organized under the Nebraska Community Aging Services Act may contract for transportation for its clients with a contractor which does not hold a certificate or which is not otherwise exempt under section 75-303 only if:

(1) The proposed contractor is the individual who will personally drive the vehicle in question;

(2) The only compensation to the contractor for the transportation is paid by the department at a rate no greater than that provided for reimbursement of state employees pursuant to section 81-1176 for the costs incurred in the transportation; and

(3)(a) There is no regulated motor carrier serving the area in which the client needs transportation, (b) the regulated motor carrier serving the area is incapable of providing the specific service in question by its own written statement or as determined by the commission upon application of the regulated motor carrier or the department, or (c) the regulated carrier cannot or will not provide such service at the rate specified in subsection (2) of section 75-303.02.

Source:

Laws 1993, LB 412, ? 4
Laws 1995, LB 424, ? 24
Laws 1996, LB 1044, ? 791
Laws 1999, LB 594, ? 68

Cross References:

Nebraska Community Aging Services Act,see section 81-2201.

Section 75-303.02
Contracts for transportation; requirements; reimbursement.

(1) The commission, in consultation with the Department of Health and Human Services Finance and Support, shall adopt and promulgate rules and regulations governing minimum liability insurance requirements, equipment standards, driver qualification requirements, and the issuance and filing of notice for any contractor utilized by the department or any agency organized under the Nebraska Community Aging Services Act pursuant to section 75-303.01.

(2) The Department of Health and Human Services or any agency organized under the Nebraska Community Aging Services Act shall reimburse common and contract carriers for transportation of passengers at a rate not to exceed the rate of reimbursement pursuant to section 81-1176 multiplied by three. The maximum reimbursement rate provided for in this subsection shall not apply when the carrier (a) transports such person wholly within the corporate limits of the city or village where the transportation of the person originated or (b) transports a disabled person as defined by the federal Americans with Disabilities Act of 1990 in a vehicle that is compliant with the regulations providing for the transportation of such disabled person.

Source:

Laws 1993, LB 412, ? 5
Laws 1995, LB 424, ? 25
Laws 1996, LB 1044, ? 792
Laws 1999, LB 594, ? 69

Cross References:

Nebraska Community Aging Services Act,see section 81-2201.

Section 75-303.03
Department of Health and Human Services Finance and Support; reimburse transportation costs; conditions.

(1) The Department of Health and Human Services Finance and Support may reimburse an individual for the costs incurred by such individual in the transportation of a person eligible to receive transportation services through the Nebraska Health and Human Services System if:

(a) The individual is under contract with the Nebraska Health and Human Services System and provides transportation to the eligible person; and

(b) The eligible person has chosen the individual to provide the transportation.

(2) The department shall reimburse for the costs incurred in the transportation at a rate no greater than that provided for reimbursement of state employees pursuant to section 81-1176.

(3) Transportation provided to an eligible person by an individual pursuant to this section does not constitute transportation for hire.

(4) The department may adopt and promulgate rules and regulations to implement this section.

Source:

Laws 2006, LB 1069, ? 2.

~Revised Statutes Cumulative Supplement, 2006

Section 75-304
Classification of carriers; rules and regulations.

The commission may establish such just and reasonable classifications of groups of carriers, included in the terms common carrier and contract carrier, as the special nature of the services performed by such carriers require and adopt and promulgate such just and reasonable rules, regulations, and requirements, to be observed by the carrier so classified or grouped, as the commission deems necessary or desirable in the public interest and as are consistent with the provisions of sections 75-301 to 75-322. All certificates and permits issued by the commission shall be construed and interpreted, and the operations authorized thereunder shall be tested and determined, in accordance with such classification so established and any rule, regulation, or requirement prescribed by the commission relating to such carrier so classified.

Source:

Laws 1963, c. 425, art. III, ? 4, p. 1378
Laws 1969, c. 606, ? 3, p. 2469
Laws 1989, LB 78, ? 20
Laws 1993, LB 412, ? 6
Laws 1994, LB 414, ? 68
Laws 1995, LB 424, ? 26

Section 75-304.01
Rates, fares, and charges; commission prescribe; when.

The commission shall prescribe minimum rates, fares, and charges for contract carriers. No reduction shall be made in any such charge, either directly or by means of any change in any rule, regulation, or practice affecting such charge or the value of service thereunder, except after ten days' notice of the proposed change filed in the form and manner provided for common carrier rate changes. The notice shall plainly state the change proposed and the time when the change will take effect. No contract carrier shall demand, charge, or collect less compensation for such transportation than the charges to be made by common carriers for the same transportation in accordance with sections 75-118 to 75-155 and 75-301 to 75-322, as affected by any rule, regulation, or practice so filed or as prescribed by the commission. It is unlawful for any such carrier to charge less than the rates, fares, and charges approved by the commission.

Source:

Laws 1972, LB 1370, ? 3
Laws 1974, LB 438, ? 1
Laws 1994, LB 414, ? 69
Laws 1995, LB 424, ? 27

Section 75-304.02
Mover of household goods; certificate or permit, when required.

(1) Any mover of household goods operating in a city or village of this state or within a radius of five miles of the corporate limits of such city or village and engaged in the transportation for hire of household goods in such city or village or within such five-mile radius prior to January 1, 1996, may continue operations for a period of up to one year after April 4, 1996, without obtaining a certificate of public convenience and necessity or a permit issued by the commission authorizing such operations. Beginning on and after one year after April 4, 1996, such mover of household goods shall be subject to sections 75-301 to 75-322.

(2) During the one-year period after April 4, 1996, the commission shall grant the authority to engage in the transportation for hire of household goods in such city or village or within such five-mile radius to any such mover of household goods which applies to the commission and furnishes evidence of its operations in a manner and form as directed by the commission by rule and regulation. The authority to engage in the transportation of household goods shall become effective one year after April 4, 1996.

Source:

Laws 1996, LB 1218, ? 45

Section 75-305
Fees; amount; when due; disposition.

Every regulated motor carrier subject to sections 75-301 to 75-322 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 (1) the proportion of his or her fleet so registered or (2) 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. 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 for credit 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

~Revised Statutes Cumulative Supplement, 2006

Section 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 contract carriers operating pursuant to section 75-303.01, for the purpose of identification of regulated motor carriers subject to such sections 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

Section 75-307
Insurance and bond requirements; subrogation.

(1) Intrastate motor carriers, including common, contract, and private carriers, shall comply with reasonable rules and regulations prescribed by the commission governing the filing with the commission, the approval of the filings, and the maintenance of proof at such carrier's principal place of business of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in such reasonable amount as required by the commission, conditioned to pay, within the amount of such surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under such certificate or permit or for loss or damage to property of others. No certificate or permit shall be issued to a common or contract carrier or remain in force unless such carrier complies with this section and the rules and regulations prescribed by the commission pursuant to this section.

(2) The commission may, in its discretion and under its rules and regulations, require any certificated carrier to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in a sum to be determined by the commission, to be conditioned upon such carrier making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into the possession of such carrier in connection with its transportation service. Any carrier which may be required by law to compensate a shipper or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of such shipper or consignee under any such bond, policies of insurance, or other securities or agreements to the extent of the sum so paid.

(3) In carrying out this section, the commission may classify motor carriers and regulated motor carriers taking into consideration the hazards of the operations of such carriers and the value of the household goods carried. Nothing contained in this section shall be construed to authorize the commission to compel motor carriers other than common carriers of household goods to carry cargo insurance.

Source:

Laws 1963, c. 425, art. III, ? 7, p. 1379
Laws 1989, LB 78, ? 23
Laws 1990, LB 980, ? 26
Laws 1995, LB 424, ? 30

Section 75-307.01
Motor carrier of property; private carrier of property; filing requirements; fee; registration period.

A motor carrier of property and a private carrier of property in intrastate commerce which operates a commercially licensed motor vehicle with a gross vehicle weight rating over ten thousand pounds which are not otherwise required to register with the commission pursuant to sections 75-348 to 75-358 shall conform to the filing and approval requirements provided under section 75-307. To sustain the administration and enforcement of this section, each motor carrier and private carrier subject to this section shall pay an annual registration fee established by the commission not to exceed seventy-five dollars at the time the initial insurance filing is made and shall renew the registration annually. The annual registration period expires on the first day of the month one year from the month of issuance, and renewal becomes delinquent on the first day of the following month. The commission shall collect the fees and remit them to the State Treasurer within thirty days after receipt for credit to the General Fund. A motor carrier of household goods which pays annual fees under section 75-305 and which holds a certificate of public convenience and necessity or a permit issued by the commission pursuant to sections 75-301 to 75-322 shall not be required to register under this section.

Source:

Laws 1995, LB 424, ? 31

Section 75-307.02
Motor carrier of property; private carrier of property; credential issuance.

Upon payment of the annual registration fee under section 75-307.01, the commission shall issue a credential according to rules and regulations adopted by the commission. The credential is evidence of compliance by the motor carrier or private carrier with the requirements of such section. Each motor vehicle operated by the motor carrier or private carrier shall carry the credential at all times as proof of compliance.

Source:

Laws 1995, LB 424, ? 32

Section 75-307.03
Motor carrier of property; private carrier of property; safety compliance audit; insurance requirements; civil penalty.

The carrier enforcement division of the Nebraska State Patrol or the Nebraska State Patrol may perform a safety compliance audit of any motor carrier or private carrier subject to section 75-307.01. The safety compliance audit shall be performed in the same manner as set forth in sections 75-369.01 and 75-369.02. Insurance requirements for intrastate motor carriers and private carriers adopted by the commission pursuant to section 75-307 shall apply to a motor carrier or private carrier subject to section 75-307.01. The Superintendent of Law Enforcement and Public Safety may impose a civil penalty against a motor carrier or private carrier for any violation of section 75-363 or 75-364 pursuant to sections 75-369.03 to 75-369.07 based upon the safety review or safety compliance audit of such motor carrier or private carrier.

Source:

Laws 1995, LB 424, ? 33
Laws 1996, LB 1218, ? 48

Section 75-308
Tariff; publication; unlawful practices.

It is unlawful for a regulated motor carrier to engage in the transportation of passengers or 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. No such 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

Section 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;

(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

Section 75-309
Certificate of public convenience and necessity; required; exception.

Except for operations pursuant to a contract authorized by sections 75-303.01 and 75-303.02, 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, or a permit to such contract carrier, 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

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).

Section 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

Section 75-309.02
Repealed. Laws 1989, LB 78, s. 37.

Section 75-309.03
Repealed. Laws 1995, LB 424, s. 54.

Section 75-310
Application for certificate or permit; petition for relief; requirements.

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

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).

Section 75-311
Certificates; permits; issuance; review by commission; effect.

(1) A certificate shall be issued to any qualified applicant authorizing the whole or any part of the operations covered by the application if it is found after notice and hearing that (a) the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of sections 75-301 to 75-322 and the requirements, rules, and regulations of the commission under such sections and (b) the proposed service, to the extent to be authorized by the certificate, whether regular or irregular, passenger or household goods, is or will be required by the present or future public convenience and necessity. Otherwise the application shall be denied.

(2) A permit shall be issued to any qualified applicant therefor authorizing in whole or in part the operations covered by the application if it appears after notice and hearing from the application or from any hearing held on the application that (a) the applicant is fit, willing, and able properly to perform the service of a contract carrier by motor vehicle and to conform to the provisions of such sections and the lawful requirements, rules, and regulations of the commission under such sections and (b) the proposed operation, to the extent authorized by the permit, will be consistent with the public interest by providing services designed to meet the distinct needs of each individual customer or a specifically designated class of customers as defined in subdivision (6) of section 75-302. Otherwise the application shall be denied.

(3) No person shall at the same time hold a certificate as a common carrier and a permit as a contract carrier for transportation of household goods by motor vehicles over the same route or within the same territory unless the commission finds that it is consistent with the public interest and with the policy declared in section 75-301.

(4) After the issuance of a certificate or permit, the commission shall review the operations of all common or contract carriers who hold authority from the commission to determine whether there are insufficient operations in the transportation of household goods to justify the commission's finding that such common or contract carrier has willfully failed to perform transportation under sections 75-301 to 75-322 and rules and regulations promulgated under such sections. If the commission determines that there are insufficient operations, then the commission shall commence proceedings under section 75-315 to revoke the certificate or permit involved.

(5) This section shall not apply to operations pursuant to a contract authorized by sections 75-303.01 and 75-303.02.

Source:

Laws 1963, c. 425, art. III, ? 11, p. 1381
Laws 1969, c. 606, ? 6, p. 2471
Laws 1972, LB 1370, ? 2
Laws 1974, LB 438, ? 2
Laws 1989, LB 78, ? 25
Laws 1990, LB 980, ? 27
Laws 1993, LB 412, ? 10
Laws 1994, LB 414, ? 74
Laws 1995, LB 424, ? 38
Laws 1996, LB 1218, ? 50

Annotations:

A litigant may not request a certificate of public convenience and necessity and in the same action and at the same time challenge the constitutionality of sections 75-301 through 75-322. In determining public convenience and necessity, the deciding factors are (1) whether the operation will serve a useful purpose responsive to a public demand or need, (2) whether this purpose can or will be served as well by existing carriers, and (3) whether it can be served by the applicant in a specified manner without endangering or impairing the operations of existing carriers contrary to the public interest. An applicant who has been operating under color of authority need not make the same showing that an applicant who has never operated must make, and there is a presumption that the proposed service is or will be required by the present or future public convenience and necessity. When an applicant has been illegally conducting business for a sufficient period of time under a mistaken belief that its operations were legal, the color of right principles of law apply. However, if the applicant knew that its operations were illegal, then the color of right principles do not apply. In re Application of Nebraskaland Leasing & Assocs., 254 Neb. 583, 578 N.W.2d 28 (1998).
Public Service Commission's finding that applicant's continuing service after three warnings of illegal operation establishes applicant unfit to hold certificate of convenience and necessity was not arbitrary and capricious action. In re Application of A Touch of Class Limousine, 243 Neb. 33, 497 N.W.2d 71 (1993).
The existence of an adequate and satisfactory service by motor carriers already in the area is complete negation of public need and demand for added service by another carrier. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991).
To comply with this section, the applicant must prove, in part, that the applicant is fit financially. In re Application of Overland Armored Exp., 229 Neb. 524, 428 N.W.2d 166 (1988).
Public demand or need, which an applicant must prove to obtain a certificate from the Public Service Commission, is a present actual need or a need which will likely occur within the reasonably immediate or foreseeable future. In re Application of Renzenberger, Inc., 225 Neb. 30, 402 N.W.2d 294 (1987).
Public Service Commission's order granting certificate of public convenience and necessity was arbitrary and capricious; applicant had not met its burden of proof. In re Application of Red Carpet Limo. Serv., Inc., 221 Neb. 340, 377 N.W.2d 91 (1985).
In determining the issue of public convenience and necessity, controlling questions are whether the operation will serve a useful purpose responsive to a public demand or need; whether this purpose can or will be served as well by existing carriers; and whether it can be served by applicant in a specified manner without endangering or impairing the operations of existing carriers, contrary to public interest. In re Application of Nebraska Transport Co., Inc., 210 Neb. 269, 313 N.W.2d 686 (1981).
Under this section, a certificate shall be issued to any qualified applicant, authorizing the whole or any part of the operations covered by the application, if it is found after notice and hearing that the applicant is fit, willing, and able properly to perform the service proposed, and to conform to the rules and regulations of the Nebraska Public Service Commission and that the proposed service is or will be required by the present or future public convenience and necessity. Gentry Real Estate Co. v. King's Limousine Service, Inc., 201 Neb. 761, 272 N.W.2d 359 (1978).
Applicant for a certificate of public convenience and necessity who has been operating under color of authority enjoys a presumption that the proposed service applied for is or will be required by present or future public convenience and necessity. Dilts Trucking, Inc. v. Peake, Inc., 197 Neb. 459, 249 N.W.2d 732 (1977).
There must be finding that applicant is fit, willing, and able to perform the proposed service, and that the service offered is or will be required by public convenience and necessity in granting a certificate therefor. Robinson v. National Trailer Convoy, Inc., 188 Neb. 474, 197 N.W.2d 633 (1972).
Finding that proposed operation of a contract carrier will be consistent with public interest is necessary for issuance of permit. This means that the service must not conflict with the legislative policy of the state in dealing with transportation by motor vehicles. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 186 Neb. 261, 182 N.W.2d 648 (1971).
Conditions to be shown by applicant for contract carrier permit stated; consistent with the public interest distinguished from public convenience and necessity. Samardick of Grand Island-Hastings, Inc. v. B.D.C. Corp., 183 Neb. 229, 159 N.W.2d 310 (1968).2. Authority of commission
The determination of what is consistent with public convenience and necessity is for the Public Service Commission and if there is evidence to sustain such determination the Supreme Court cannot intervene. Hopken v. Building Movers, Inc., 197 Neb. 195, 247 N.W.2d 633 (1976); Groenewold v. Building Movers, Inc., 197 Neb. 187, 247 N.W.2d 629 (1976).
Where there is evidence to sustain the factors for and against the issuance of a permit to a contract carrier, required to be considered by the Nebraska State Railway Commission, the determination of the public interest is for the commission and not the courts. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).
Tacking is an extension of the authorized service under regulation of the Nebraska State Railway Commission, and the right to tack does not exist unless granted by the commission. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).3. Burden of proof
Statement by Public Service Commission that it is inconsistent with the public interest to grant a contract carrier permit when existing common carriers can adequately serve the shipper improperly exhibited a preference for common carriers over contract carriage. Upon proof by an applicant for contract carrier authority that the proposed service is specialized and tailored to the customer's distinct needs, the burden shifts to protesting common carriers to show they can provide the same specialized service; thus the Public Service Commission erred in requiring an applicant for a contract carrier permit to establish the inability of existing common carriers to provide the same specialized service it proposed to provide. In re Application of Northland Transp., 239 Neb. 918, 479 N.W.2d 764 (1992).
The applicant has the burden to establish that its proposed service is specialized and fits the needs of the proposed contracting shipper or shippers; that it is fit, willing, and able to perform the service; and that the proposed operation will be consistent with the public interest. If the service proposed by the applicant can be performed as well by common carriers, the application should be denied because a need for a contract carrier has not been established. The Public Service Commission must weigh the special requirements of the shipper against the adequacy of the existing common carrier service. In re Application of Slack, 234 Neb. 704, 452 N.W.2d 538 (1990).
The burden is on the applicant to show that the extension of its present authority is required by the public convenience and necessity. Controlling questions in determining the issue of public convenience and necessity stated. In re Application of Petroleum Transport Service, Inc., 210 Neb. 411, 315 N.W.2d 245 (1982).
Burden is on the applicant for a certificate of public convenience and necessity to show he has met all the requirements of this section. In re Application of Greyhound Lines, Inc., 209 Neb. 430, 308 N.W.2d 336 (1981).
A certificate of public convenience and necessity may be issued only when required by the present or future public convenience and necessity and applicant has burden of proof. Ruan Transp. Corp. v. Herman Bros., Inc., 192 Neb. 343, 220 N.W.2d 245 (1974).
Burden rested upon applicant for change of route to show change was required by public convenience and necessity. Parsons v. Nebraska State Railway Commission, 181 Neb. 185, 147 N.W.2d 521 (1966).
Burden of proof is upon the applicant in order to obtain a certificate of public convenience and necessity. Simmerman v. National Trailer Convoy, Inc., 179 Neb. 400, 138 N.W.2d 481 (1965).

Section 75-312
Repealed. Laws 1995, LB 424, s. 54.

Section 75-313
Certificate; permit; terms.

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; PROVIDED, that 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 his or its equipment and facilities within the scope of the permit, as the development of the business and the demands of the public may require.

Source:

Laws 1963, c. 425, art. III, ? 13, p. 1382

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).

Section 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

Section 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).

Section 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

Section 75-317
Repealed. Laws 1995, LB 424, s. 54.

Section 75-318
Sale, transfer, lease, or consolidation; application; hearing; approval of commission required.

It shall be lawful, only under the conditions specified in this section, for any regulated motor carrier or person or for two or more regulated motor carriers to:

(1) Consolidate or merge their properties or any part thereof or certificates of public convenience and necessity or permits, or any part thereof, into one ownership, management, or operation of the properties, certificates, or permits theretofore in separate ownership;

(2) Purchase, lease, or contract to operate the properties or any part thereof or the certificates or permits, or any part thereof, of another regulated motor carrier; or

(3) Acquire control of another regulated motor carrier or carriers through purchase of stock.

Whenever a consolidation, merger, purchase, lease, operating contract, or acquisition of control of the properties, certificates, or permits is proposed, the carrier or carriers or person seeking authority therefor shall present an application to the commission, and thereupon the commission shall notify such carriers and other parties known to have an interest of the time and place for a public hearing in accordance with the rules of the commission. If, after such hearing, the commission finds that the transaction proposed will be consistent with the public interest and does not unduly restrict competition and that the applicant is fit, willing, and able to properly perform the proposed service, it may enter an order approving and authorizing such consolidation, merger, purchase, lease, operating contract, or acquisition of control of the properties, or any part thereof, or certificates or permits of the whole, or any part thereof, upon such terms and conditions as it deems just and reasonable. If any of the certificates or permits proposed to be merged, consolidated, transferred, or leased are dormant, the commission may approve an application for consolidation, merger, transfer, or lease only upon proof of and a finding that such merger, consolidation, transfer, or lease is or will be required by the present and future public convenience and necessity, in the same manner as provided in section 75-311. If the proposed merger, consolidation, transfer, or lease of the certificates or permits will permit or result in a new or different service or operation as to territorial scope than that which is or may be rendered or engaged in by the respective parties or, as to passenger motor carriers, will tend to enlarge competition over that then existing, the commission may approve an application for merger, consolidation, transfer, or lease only upon proof of and a finding that the proposed merger, consolidation, transfer, or lease is or will be required by the present and future public convenience and necessity, in the same manner as provided in section 75-311. Any restrictions, qualifications, or conditions applicable to and contained in a particular certificate of public convenience and necessity or a permit at the time of the issuance thereof or thereafter made a part of such certificate or permit, excluding any restrictions, qualifications, or conditions of general application applicable to all regulated motor carriers or a segment thereof as a class and imposed by regulation of the commission, proposed to be merged, consolidated, transferred, or leased shall not be changed, altered, or removed without the proof required in section 75-311 for certificates and permits.

When authority is transferred as provided in this section, the commission shall simultaneously cancel the authority of the transferor which is transferred.

Source:

Laws 1963, c. 425, art. III, ? 18, p. 1384
Laws 1965, c. 446, ? 4, p. 1416
Laws 1967, c. 479, ? 18, p. 1483
Laws 1994, LB 414, ? 75
Laws 1995, LB 424, ? 42

Annotations:

The court determined that the certificate of authority held by the appellant could not be transferred to another trucking company because the certificate was dormant. Under the facts of the case, the only traffic conducted under the certificate of authority was made pursuant to leases which violated the rules and regulations of the Nebraska Public Service Commission. Herman Bros., Inc. v. Spector Industries, Inc., 209 Neb. 513, 308 N.W.2d 720 (1981).
Held improper to deny request for transfer of active authority merely because the transfer may enlarge competition. Spector Freight System, Inc. v. Herman Bros., Inc., 197 Neb. 835, 251 N.W.2d 376 (1977).
Where commission approval of a transfer of authority hereunder and an issue of dormancy is properly raised, the Nebraska Public Service Commission must determine both the fact of dormancy and on the basis of the evidence whether the public convenience and necessity require the transfer. Dahlsten v. Harris, 191 Neb. 714, 217 N.W.2d 813 (1974).
Transfer of operating rights may be permitted without restrictions if after notice and hearing Railway Commission finds requirements herein have been met. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).
The reference in this section to an enlargement of competition over that then existing means a substantial or material increase in competition. Hunt Transportation, Inc. v. Yellow Cab, Inc., 186 Neb. 518, 184 N.W.2d 651 (1971).
Evidence established that certificate to be transferred was dormant. Ace Gas, Inc. v. Peake, Inc., 184 Neb. 448, 168 N.W.2d 373 (1969).

Section 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

Section 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).

Section 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 permitholder 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).

Section 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 permitholder, 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).