247 Neb. Admin. Code, ch. 3, § 002

Current through September 17, 2024

Section 247-3-002 - DEFINITIONS

002.01 Abandoned vehicle

Abandoned vehicle means any vehicle as defined in Neb. Rev. Stat. § 60-136, motor vehicle as defined in Neb. Rev. Stat. § 60-123 or cabin trailer as defined in Neb. Rev. Stat. § 60-107 which fit into any of the following categories:

002.01A Any vehicle left unattended on any public property for more than six hours with no current license plates or valid "In Transit" decals issued by a licensed automobile dealer attached to it;

002.01B Any vehicle left unattended for more than 24 hours on any public property except for portions of such property where the vehicle may be legally parked;

002.01C Any vehicle which has been left unattended for more than 48 hours on portions of public property where the vehicle may be legally parked after the parking has become illegal;

002.01D Any vehicle left unattended for more than seven days on private property if left initially without the permission of the property owner, or after the property owner's permission has been terminated; or

002.01E Any vehicle left in the custody of any law enforcement agency of this state for more than 30 days after that agency has sent notice by certified or registered United States mail to the last registered owner(s) that the vehicle is no longer needed.

002.01F A mobile home is an abandoned vehicle if left in place on private property for more than thirty days after a local governmental unit, pursuant to an ordinance or resolution, has sent a certified letter to each of the last-reqistered owners and posted a notice on the mobile home, stating that the mobile home is subject to sale or auction or vesting of title as set forth in section 60-1903.

002.02All terrain vehicle.

All terrain vehicle means any motorized off-highway device which (1) is 50 inches or less in width, (2) has a dry weight of 900 pounds or less, (3) travels on three or more low-pressure tires, (4) is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger, (5) has a seat or saddle designed to be straddled by the operator, and (6) has handlebars or any other steering assembly for steering control.

002.03Department.

Department means the Nebraska Department of Motor Vehicles.

002.04Investigative purposes.

Investigative purposes means any investigation conducted by any law enforcement agency of this state to determine whether a violation of the law has occurred, or to determine the owner(s) of an abandoned vehicle.

002.05Law enforcement agency.

Law enforcement agency means any agency of this state empowered and authorized by law to enforce the laws of this state, to investigate violations of the law, and to make arrests.

002.06Local authority.

Local authority means the county in which a vehicle was abandoned, or if the vehicle was abandoned within the corporate limits of a city or village, the city or village.

002.07Minibike.

Minibike means a two-wheel device which has a total wheel and tire diameter of less than 14 inches or an engine-rated capacity of less than 45 cubic centimeters displacement or any other two-wheel device primarily deigned by the manufacturer for off-road use only. Minibike does not include an electric personal assistive mobility device.

002.08Mobile home.

Mobile home means a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in section 71-4603. Mobile home does not include a mobile home or manufactured home for which an affidavit of affixture has been recorded pursuant to section 60-169;

002.09Motor vehicle.

Motor vehicle means any vehicle propelled by any power other than muscular power except

(1) mopeds,

(2) farm tractors,

(3) self-propelled equipment designed and used exclusively to carry and apply fertilizer, chemicals, or related products to agricultural soil and crops, agricultural floater-spreader implements, and other implements of husbandry designed for and used primarily for tilling the soil and harvesting crops or feeding livestock,

(4) power unit hay grinders or a combination which includes a power unit and a hay grinder when operated without cargo,

(5) vehicles which run only on rails or tracks,

(6) off-road designed vehicles, including, but not limited to, golf carts, go-carts, riding lawnmowers, garden tractors, all-terrain vehicles, snowmobiles registered or exempt from registration under Neb. Rev. Stat. §§ 60-3,207 to 60-3,219, and minibikes,

(7) road and general-purpose construction and maintenance machinery not designed or used primarily for the transportation of persons or property, including, but not limited to, ditchdigging apparatus, asphalt spreaders, bucket loaders, leveling graders, earthmoving carryalls, power shovels, earthmoving equipment, and crawler tractors,

(8) self-propelled chairs used by persons who are disabled, and

(9) electric personal assistive mobility devices, and

(10) low-speed vehicles.

002.10Private property.

Private property means any privately-owned property not included within the definition of public property.

002.11Public property.

Public property means any public right-of-way, street, highway, alley or park, or other state, county, or municipally owned property.

002.12State agency.

State agency means any agency of this state which is empowered and authorized by law to seize and dispose of vehicles.

002.13Semitrailer.

Semitrailer means any trailer so constructed that its weight and that of its load rests upon or is carried by the towing vehicle.

002.14Trailer.

Trailer means any device without motive power designed for carrying persons or property and being towed by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

002.15Vehicle.

Vehicle means a motor vehicle, all-terrain vehicle, minibike, trailer, or semitrailer as provided in Neb. Rev. Stat. § 60-136 and cabin trailer as provided in Neb. Rev. Stat. § 60-107.

247 Neb. Admin. Code, ch. 3, § 002