2017 Nebraska Revised Statutes
Chapter 75 - PUBLIC SERVICE COMMISSION
75-369.03 Violations; civil penalty; referral to federal agency or Public Service Commission; when.

Universal Citation: NE Code § 75-369.03 (2017)

75-369.03. Violations; civil penalty; referral to federal agency or Public Service Commission; when.

(1) The Superintendent of Law Enforcement and Public Safety may issue an order imposing a civil penalty against a motor carrier transporting persons or property in interstate commerce for a violation of sections 75-392 to 75-399 or against a motor carrier transporting persons or property in intrastate commerce for a violation or violations of section 75-363 or 75-364 based upon an inspection conducted pursuant to section 75-366 in an amount which shall not exceed eight hundred dollars for any single violation in any proceeding or series of related proceedings against any person or motor carrier as defined in 49 C.F.R. part 390.5 as adopted in section 75-363.

(2) The superintendent shall issue an order imposing a civil penalty in an amount not to exceed fifteen thousand four hundred seventy-four dollars against a motor carrier transporting persons or property in interstate commerce for a violation of subdivision (2)(e) of section 60-4,162 based upon a conviction of such a violation.

(3) The superintendent shall issue an order imposing a civil penalty against a driver operating a commercial motor vehicle, as defined in section 60-465, that requires a commercial driver's license or CLP-commercial learner's permit, in violation of an out-of-service order. The civil penalty shall be in an amount not less than two thousand nine hundred eighty-five dollars for a first violation and not less than five thousand nine hundred seventy dollars for a second or subsequent violation.

(4) The superintendent shall issue an order imposing a civil penalty against a motor carrier who knowingly allows, requires, permits, or authorizes the operation of a commercial motor vehicle, as defined in section 60-465, that requires a commercial driver's license or CLP-commercial learner's permit, in violation of an out-of-service order. The civil penalty shall be not less than five thousand three hundred ninety-one dollars but not more than twenty-nine thousand eight hundred forty-nine dollars per violation.

(5) Upon the discovery of any violation by a motor carrier transporting persons or property in interstate commerce of section 75-307, 75-363, or 75-364 or sections 75-392 to 75-399 based upon an inspection conducted pursuant to section 75-366, the superintendent shall immediately refer such violation to the appropriate federal agency for disposition, and upon the discovery of any violation by a motor carrier transporting persons or property in intrastate commerce of section 75-307 based upon such inspection, the superintendent shall refer such violation to the Public Service Commission for disposition.

Source

  • Laws 1994, LB 358, § 3;
  • Laws 1996, LB 1218, § 62;
  • Laws 2002, LB 499, § 7;
  • Laws 2006, LB 1007, § 20;
  • Laws 2007, LB358, § 14;
  • Laws 2008, LB845, § 2;
  • Laws 2009, LB331, § 17;
  • Laws 2014, LB983, § 64;
  • Laws 2017, LB263, § 91.
  • Operative Date: April 28, 2017

Annotations

  • An "interstate motor carrier" within the meaning of this section is a carrier subject to federal jurisdiction pursuant to the federal motor carrier safety regulations, as delimited by 49 U.S.C. 13501 et seq., and an "intrastate motor carrier" is a carrier not subject to that federal jurisdiction. Caspers Constr. Co. v. Nebraska State Patrol, 270 Neb. 205, 700 N.W.2d 587 (2005).

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