Section 291-3-003 - CLASSIFICATIONSPursuant to Neb. Rev. Stat. § 75-304 (Reissue 1996), the Commission determines that the following classifications of motor carriers are necessary or desirable in the public interest. All certificates and permits issued by the Commission will be construed and interpreted, and the operations authorized will be tested and determined in accordance with these classifications.
003.01SERVICE CLASSIFICATIONS: Every applicant for common or contract transportation will designate the type of transportation service re-quested from the classifications found in this section and will further designate whether (1) such service as requested will be provided as a common carrier or as a contract carrier and, if a contract carrier, the persons or entities contracted with; (2) the service, if granted, will be provided over (a) a regular route which route shall be described in the application or (b) an irregular route which territory the applicant seeks to provide transportation which will be described, and (3) any other restrictions will be applicable. An applicant who desires to transport household goods, employees of railroad carriers, or clients of the Nebraska State Department of Health and Human Services or any contractors of the Department will make specific application for such authority.003.01A Bus service consists of the following elements: (1) the business of carrying passengers and their baggage(3) either by charter or regular route(4) either prearranged or scheduled service(5) at a fare approved and on file with the Commission. Bus service may be hired on a charter or special party basis.003.01A1 Scheduled service means service by any regulated motor carrier who undertakes to transport passengers and their baggage in intrastate commerce by motor vehicle for compensation between fixed termini and over a specific highway or highways upon an established or fixed schedule.003.01A2 Charter service means transportation of groups of seven or more persons who collectively contract for transportation on a particular trip paying one lump sum.003.01A3 Special party service means the transportation of a group or groups of one or more persons who individually contract for transportation to a common destination with each person paying an individual sum.003.01D Limousine service consists of all of the following elements: (1) the business of carrying passengers for hire by a vehicle(2) along a route under the control of the person who hired the vehicle and not over a defined regular route(3) on prearranged and not on a demand basis003.01E Open class service consists of all of the following elements: (1) the business of carrying passengers for hire by a vehicle(2) along the most direct route between the points of origin and destination or along a route under the control of the person who hired the vehicle and not over a defined regular route(3) on a prearranged and not on a demand basis(4) at a mileage based, per trip fare, or an hourly rate.003.01E1 In calculating charges for transportation, a carrier charging a mileage based fare may use only the actual loaded mileage traveled by the vehicle to transport such passengers. Mileage based charges may not be augmented or enhanced through any calculation that does not reflect actual mileage traveled.003.01F Taxicab service consists of all of the following elements: (1) the business of carrying passengers for hire by a vehicle, subject to the provisions of Rule 010.02(2) along the most direct route between the points of origin and destination or a route under the control of the person who hired the vehicle and not over a defined regular route(3) on a prearranged or demand basis(4) at a metered mileage based or per trip fare according to the provisions of Rule 010.02H(5) commencing within and/or restricted to a defined geographic area.003.01G Unique Purpose service consists of all of the following elements: (1) the business of carrying passengers for hire(3) by regular routes, irregular routes, or along a route under the control of the person who hired the vehicle(4) on a prearranged or on-demand basis(5) at a per trip fare or hourly rate approved and on file with the Commission.003.02RESTRICTIONS: In addition to the other applicable Motor Carrier Rules in this chapter, the following provisions apply to all classes of service unless otherwise specifically provided in these rules: 003.02A The Commission, based on the record before it in an application proceeding, restrict the transportation of passengers by type of vehicle, geographic territory, commencement point or termination point, or any other lawful factor which the Commission may determine is necessary or reasonable and in the public interest. Covenants not to compete or similar agreements that restrict the proposed service or the geographic territory of a proposed service that the Commission finds are not in the public interest will not be considered lawful and will not be approved in an application proceeding.003.02B No carrier will transport passengers under contract with the Nebraska Department of Health and Human Services or any subcontractors of the Department of Health and Human Services absent specific authorization from the Commission. In order to receive such authorization, the applying carrier must demonstrate that such authorization is or will be required by the present or future convenience and necessity separate and apart from the present or future convenience and necessity demonstrated on the underlying certificate of authority. Authorization to transport HHS clientele will not be available or granted to carriers that only have limousine service authority.003.03CLASSIFICATIONS FOR PURPOSES OF REQUIRED INSURANCE: The following classifications are established for the purpose of determining insurance requirements for vehicles operated under authority from the Commission. Operators of motor vehicles are required to carry the minimum levels of financial responsibility as prescribed. Operators will also comply with all applicable insurance regulations as found in Rule 006 of this chapter. 003.03A Licensed carriers of household goods are required to carry liability insurance of not less than seven hundred and fifty thousand dollars ($750,000.00) plus cargo insurance of not less than five thousand dollars ($5,000.00) of coverage.003.03B Carriers of passengers in vehicles with a rated seating capacity of sixteen (16) passengers or more as originally manufactured or as currently modified are required to carry liability insurance of not less than five million dollars ($5,000, 000.00) of coverage.003.03C Carriers of passengers in vehicles with a rated seating capacity between eight (8) and fifteen (15) passengers are required to carry liability insurance of not less than one million, five hundred thousand dollars ($1,500, 000.00) of coverage.003.03D Carriers of passengers in vehicles with a rated seating capacity of no more than seven (7) passengers are required to carry liability insurance of not less than five hundred thousand dollars ($500,000.00) of coverage.291 Neb. Admin. Code, ch. 3, § 003
Amended effective 11/23/2016.Amended effective 1/16/2019Amended effective 5/12/2021Amended effective 9/24/2022