291 Neb. Admin. Code, ch. 3, § 001

Current through September 17, 2024
Section 291-3-001 - GENERAL
001.01DEFINITIONS: The definitions found in Neb. Rev. Stat. § 75-302 (Reissue 2018) apply to these rules. In addition to those definitions, the following apply to this chapter, unless the context otherwise requires:
001.01ACOMMISSION: The Nebraska Public Service Commission.
001.01BDRIVER: Any person who operates a motor vehicle.
001.01CLIMOUSINE: A vehicle used to provide limousine service.
001.01DLOW SPEED VEHICLE: a (1) four-wheeled motor vehicle (a) whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour on a paved, level surface, (b) whose gross vehicle weight rating is less than three thousand pounds, and (c) that complies with 49 C.F.R. part 571 , as such part existed on January 1, 2019, or (2) three-wheeled motor vehicle (a) whose maximum speed attainable is not more than twenty-five miles per hour on a paved, level surface, (b) whose gross vehicle weight rating is less than three thousand pounds, and (c) which is equipped with a windshield and an occupant protection system.
001.01ENPSC PLATE: A license plate which is issued by the Commission to holders of Commission authority.
001.01FONDEMAND: Service requested by street hail; offered at a cab stand, airport feeder lines, bus stations, or similar staging area; personal summoning by a passenger; or personal solicitation by a driver of the vehicle or an employee, contractor, or agent of the carrier;
001.01GPREARRANGED: Service requested and arranged in advance of the time that the service is to be performed. Nothing in this definition will be construed to allow on demand services. This definition will not replace the definition of prearranged in § 012.02(1) of the rules pertaining to Transportation Network Companies;
001.01HPREMIUM FARE: A rate based on an hourly rental of not less than one (1) hour at a scheduled rate which will be set, and periodically reviewed, by the Commission and which will include a minimum rental of not less than one hour. A mileage charge may be assessed for the transportation of the vehicle only for such time before and after the transportation is provided and only in addition to the minimum hourly charged as provided by this definition.
001.01ITAXI SOFT METER: a mechanical or digital device that calculates the time-and-distance fares for a taxicab service by software-based devices that utilize GPS or other measurement data in the calculation of time-and-distance fares for taxicab service.
001.01JTAXIMETER: a mechanical or digital device that calculates the time-and-distance fares for a taxicab service by a physical connection to the vehicle.
001.02MATTER TO BE SET FOR HEARING: All matters that require a hearing will be set for hearing at the earliest practicable date and in no event, except for good cause shown, will the time fixed for hearing be more than six (6) months after the date of the filing of the petition. Any application that is not set for hearing as set forth above will be dismissed.
001.03REQUIREMENTS FOR AN EFFECTIVE COMMON OR CONTRACT CARRIER AUTHORITY:
001.03A The following requirements must be fulfilled no later than forty-five (45) days following the date an authority is granted by the Commission:
001.03A1 Filing of proposed rates;
001.03A2 Filing of Commission required insurance documents; and
001.03A3 Payment of Annual Fees
001.03B An authority issued by the Commission is not effective until the requirements of subsection 001.03A have been fulfilled.
001.03C If after forty-five (45) days an applicant has not fulfilled the requirements of subsection 001.03A above, the Commission's grant of authority will be considered null and void.

291 Neb. Admin. Code, ch. 3, § 001

Amended effective 1/16/2019
Amended effective 5/12/2021
Amended effective 9/24/2022