Nebraska Public Service Commission v. A-1 Ambassador Limousine, Inc.

646 N.W.2d 650, 264 Neb. 298, 2002 Neb. LEXIS 173
CourtNebraska Supreme Court
DecidedJuly 12, 2002
DocketNo. S-01-433
StatusPublished
Cited by1 cases

This text of 646 N.W.2d 650 (Nebraska Public Service Commission v. A-1 Ambassador Limousine, Inc.) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nebraska Public Service Commission v. A-1 Ambassador Limousine, Inc., 646 N.W.2d 650, 264 Neb. 298, 2002 Neb. LEXIS 173 (Neb. 2002).

Opinion

Miller-Lerman, J.

NATURE OF CASE

A-l Ambassador Limousine, Inc., doing business as Ambassador Limousine and Haymarket Limousine (A-l), [300]*300appeals an April 3, 2001, order of the Nebraska Public Service Commission (PSC) which, inter alia, defined the terms “limousine” and “limousine service” as contained in title 291, chapter 3, of the Motor Carrier Rules and Regulations, § 001. We affirm the order of the PSC.

STATEMENT OF FACTS

On January 9, 2001, the PSC, on its own motion, entered an order opening a docket “to conduct a review of existing Commission rules and regulations as they pertain to motor carriers in Title 291, Chapter 3, Motor Carrier Rules and Regulations.” The PSC stated in the order that it found it necessary to address the definitions of “limousine” and “limousine service” because of “current ambiguity in the application of our existing granted authorities.” The PSC noted that when the applicable rules were originally promulgated, limousines were presumed to be luxury class transportation used primarily for formal social functions. However, a need to define terms had arisen because (1) “holders of limousine authority have engaged a variety of vehicles to conduct their business under the granted authority including the use of regular sedans and vans” and (2) “the passengers being transported no longer are limited to persons seeking the benefits of luxury transportation.” The PSC specifically noted that holders of and applicants for limousine authority were using or seeking to use limousine authority to transport clients of the Nebraska Department of Health and Human Services (DHHS).

The PSC noted in the January 9, 2001, order that it had adopted in its rules a limousine classification and had promulgated rules applicable to limousine operators. The PSC stated that it found it necessary to adopt concise definitions of “limousine” and “limousine service” in order to properly interpret the scope of authority granted to limousine certificate holders. The PSC therefore adopted the following definitions:

Definition of “limousine”: Limousine shall mean a luxury vehicle used to provide prearranged passenger transportation on a dedicated basis at a premium fare that has a seating of at least five and no more than fourteen persons behind the driver with a physical partition separating the driver seat from the passenger compartment. Limousine does not [301]*301include taxicabs, sport utility vehicle[s], vans, hotel or airport buses or shuttles, or buses. The term limousine does include transportation within the scope of authorities granted for “luxury limousines”, “luxury limousine services”, “luxury automobiles”, “luxury or stretch limousines”, “luxury sedan limousines”, and “luxury type vehicles.”
Definition of “limousine service”; Limousine service shall mean the business of carrying passengers for hire by limousines providing service along a route under the control of the person who hired the vehicle and not over a defined regular route. Limousine service shall not be provided on a demand response basis.
Definition of “premium fare”: Premium fare means a rate based on hourly rental of not less than one (1) hour at fifty dollars ($50.00) per hour with a minimum rental time of one hour. A mileage charge may be assessed for transportation of the vehicle for the time before and after the transportation service is provided and only in addition to the minimum hourly charge as provided by this definition.

The PSC specified that to the extent such definitions were in conflict with its findings in a September 8, 1999, order regarding the application of Running Horse Enterprises, LLC, for limousine authority (the Running Horse order), such findings in the Running Horse order were set aside and modified. In the Running Horse order, the PSC had stated that “limousine service shall mean a chauffeur-driven, non-metered passenger vehicle for hire including, but not limited to, full-sized sedans, extended-size sedans, passenger vans, and sports utility vehicles where the rate may be determined on an hourly, daily, weekly, or monthly rental or may be mileage-based.”

The PSC also stated that the definitions in the January 9, 2001, order would become effective upon entry of the order and would be applied to all applications for limousine authority granted on or after that date. The PSC acknowledged that certain certificate holders with limousine authority, relying on the Running Horse order, would be operating outside the definition of the limousine authority in the January 9 order. The PSC stated that for those certificate holders, it would stay enforcement of the January 9 order for a period of 90 days in order to allow a [302]*302reasonable time for those certificate holders to comply with the definitions adopted in the order.

The PSC further indicated that the definitions in the January 9, 2001, order would become part of its overall effort to review, update, and recodify its existing rules on motor carriers. The PSC therefore gave notice that once approval to proceed was received from the Governor, it would propose amendments to title 291, chapter 3, to incorporate the definitions of “limousine,” “limousine service,” and “premium fare” set forth in the January 9 order. The PSC stated it would accept filed comments on the proposed amendments through February 2 and would set a public hearing on the proposed amendments once permission was received from the Governor to proceed with rulemaking. The PSC reiterated that the proposed amendments were part of its intended efforts to examine the entirety of the motor carrier rules and stated that when a final order adopting revisions to the rules was entered, it would include any revisions to the proposed amendments that were made as the result of public comments received.

The PSC concluded the January 9, 2001, order by ordering (1) that the definitions in the order were thereby adopted as proper policy interpretations of its motor carrier rules pursuant to its authority under state law, (2) that the definitions should not be enforced against holders of certificates granted prior to the order for a period of 90 days, and (3) that the proposed amendments to the motor carrier rules were open to public comment and interested parties could file initial comments on or before February 2.

On March 14, 2001, the PSC held a public hearing on the proposed amendments to the motor carrier rules and regulations. At the hearing, the PSC received into evidence written public comments which had been received from various interested parties, including holders of limousine certificates, holders of taxicab certificates, and DHHS. DHHS expressed concern that the proposed amendments would prohibit certain holders of limousine certificates from providing transportation to DHHS clients. DHHS’ analysis indicated that for areas outside the Lincoln and Omaha metropolitan areas, the amendments would eliminate all carriers except for taxicab companies and two contract carriers from providing transportation for DHHS clients.

[303]*303Various individuals spoke at the hearing, including attorneys representing DHHS; A-l; and R & F Hobbies, Inc., doing business as Prince of the Road (R & F Hobbies). The attorney for DHHS reiterated the concerns expressed in DHHS’ written comments regarding the effect on transportation for DHHS clients.

The attorney for A-l testified in opposition to the proposed definitions.

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Related

In Re Proposed Amend. to Title 291, Ch. 3
646 N.W.2d 650 (Nebraska Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
646 N.W.2d 650, 264 Neb. 298, 2002 Neb. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nebraska-public-service-commission-v-a-1-ambassador-limousine-inc-neb-2002.