§ 75-303 — Motor carriers; scope of law

Nebraska § 75-303

• Jurisdiction: Nebraska
• Ch. 75: Public Service Commission

Text

Sections 75-301 to 75-322 shall apply to transportation by a motor carrier or the transportation of passengers and, until July 1, 2021, 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) A motor carrier for hire providing transportation services for passengers in vehicles with a rated seating capacity of eight or more passengers when (a) such services are incidental to agritourism activities as defined in section 82-603 , (b) the destination for such agritourism activities is outside any incorporated city or village, and (c) the point of origination and termination is outside a county that includes a city of the metropolitan class or primary class;
(4) An ambulance, ambulance owner, hearse, or automobile used exclusively as an incident to conducting a funeral;
(5) 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 ;
(6) 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;
(7) 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;
(8) A motor carrier engaged in the transportation of passengers operated by a transit authority or regional metropolitan transit authority established under and acting pursuant to the laws of the State of Nebraska;
(9) Except as provided in section 75-304.03 , a motor carrier engaged in the transportation of household goods;
(10) Except as provided in section 75-304.04 , a motor carrier engaged in the transportation of employees of a railroad carrier engaged in interstate commerce to or from their work locations;
(11) A motor carrier operated by a municipality or county, as authorized in section 13-1208 , in the transportation of elderly persons;
(12) 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;
(13) A motor vehicle owned and operated by a nonprofit entity organized for the purpose of furnishing electric service;
(14) A motor carrier engaged in attended services under contract or subcontract with the Department of Health and Human Services or with any agency organized under the Nebraska Community Aging Services Act;
(15) A motor carrier engaged in residential care transportation services if the motor carrier complies with the requirements of the Department of Health and Human Services adopted, promulgated, and enforced to protect the safety and well-being of the passengers, including insurance, training, and age requirements;
(16) A motor carrier engaged in supported transportation services if the motor carrier complies with the requirements of the Department of Health and Human Services adopted, promulgated, and enforced to protect the safety and well-being of the passengers, including insurance, training, and age requirements; and
(17) A motor carrier engaged in licensed care transportation services if the motor carrier files a certificate with the commission that such provider meets the minimum driver standards, insurance requirements, and equipment standards prescribed by the commission. Insurance requirements established by the commission shall be consistent with the insurance requirements established by the Department of Health and Human Services for attended services, residential care transportation services, and supported transportation services.

Legislative History

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; Laws 2011, LB112, § 2; Laws 2019, LB492, § 41; Laws 2020, LB461, § 7. 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).