Section 291-3-005 - SAFETY REGULATIONS005.01MINIMUM QUALIFICATIONS: Each person driving a motor vehicle subject to the Commission jurisdiction will possess the following minimum qualifications: 005.01A Sound physical and mental condition with no mental, nervous, organic, or functional disease or structural defect or limitation likely to interfere with safe driving.005.01B Adequate sight which includes vision with visual acuity of at least 20/40 (Snellen) in each eye either without corrective lenses, or visual acuity separately corrected to 20/40 (Snellen) or better with corrective Senses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70 degrees in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green and amber. Persons who require corrective lenses to meet the minimum sight requirement must wear such lenses while operating the motor vehicle.005.01C Adequate hearing which includes hearing of not less than 10/20 in the better ear for conversational tone without a hearing aid.005.01D Freedom from the use of narcotics or illegal drugs. 005.01D1 Pre-employment drug and alcohol testing will be required of all drivers transporting railroad personnel. The testing will be done for alcohol and controlled substances as provided by 49 CFR Parts 40 and 382 as such regulations existed on January 1,2013.005.01D2 A driver will be qualified to drive if the alcohol test results indicate an alcohol concentration of zero (0) and the controlled substance test results indicate a verified negative result.005.01D3 A driver will be disqualified to drive if the alcohol and controlled substance test results are not in compliance with 49 CFR Parts 40 and 383; or if the driver refuses to provide a specimen for testing; or if the driver submits an adulterated, diluted or substituted sample for the tests to be performed. 005.01E Eighteen 18 years of age.005.01F Possession of a valid operator's license appropriate for the vehicle being operated.005.01G Ability to read, speak and understand the English language.005.02MEDICAL CERTIFICATE: Each motor carrier will have on files a certificate of physical examination signed by a licensed physician or a licensed physician assistant for every driver in its employment, attesting that the physician or licensed physician assistant has examined the driver to meet the requirements in 005.01. Such certification will be renewed no less than every two years. Physical certificates obtained pursuant to federal regulations will meet the requirements of this section.005.03BACKGROUND CHECK: Each operator of a motor vehicle subject to the Commission's jurisdiction will be subject to a criminal background check submitted to the Commission.005.04IMPAIRED ALERTNESS: No person will operate a motor vehicle while such operator's alertness is impaired by fatigue, illness, or other causes.005.05HOURS OF SERVICE: No motor carrier will permit or require any driver employed by such motor carrier to drive nor will any such driver drive (1) more than twelve (12) hours following ten (10) consecutive hours off duty or (2) for any period after having been on duty sixteen (16) hours following ten (10) consecutive hours off duty.005.06 A logbook, (Form MCS-59), as required by the United States Department of Transportation in Section 395.8 of the Federal Motor Carrier Safety Regulations, will be maintained by each driver traveling more than one hundred (100) air road miles from the garage or terminus at which such driver reports for work. 005.06A The original copy of each day's logbook sheet for each over-the-road driver will be kept on record at the home office or base of operations of each motor carrier in the State of Nebraska for not less than one year.005.06B The copies will be filed according to the date of the logbook sheet.005.06C All filings will be available for examination by the Commission.005.06D For all passenger carriers that must comply with this are not required to comply with the trip log requirements set out in rule 010.01E and its subparts.005.07INSPECTION OF VEHICLES: The Commission may at any time, but at least annually, inspect or cause to be inspected any vehicle subject to its jurisdiction. The inspections may be conducted at any place except that inspections of passenger carrying vehicles will not impede or delay the schedule upon which the vehicle is operating. The Commission may at any time enter the operating premises of the carrier or into such vehicles as may be operated by the carrier to ascertain whether any statute, rule, or regulation has been violated.005.08 Each vehicle shall at all times be kept in proper physical and mechanical condition so as to render safe and comfortable public service, as may be determined by the Commission. 005.08AMINOR DEFECTS IN EQUIPMENT: Minor defects in equipment that are not likely to endanger life or property may be corrected by maintenance staff of the carrier. When the defects have been corrected, the carrier, or its agent, will notify the Commission that corrections have been made.005.08BMAJOR DEFECTS: If the Commission finds that a motor vehicle under its jurisdiction is unsafe or poses a significant risk to public safety, it may order the carrier to take the vehicle out of service and marked as out of service until repairs have been made and the vehicle has been re-inspected by Commission personnel.005.08CAPPEAL BY CARRIER: A carrier, when notified by the Commission that a motor vehicle has been declared and marked "Out Of Service" under the provisions of subsection 005.9B may, before the close of the first business day following the date of such notice, appeal by sending notice, by facsimile or in person to the Commission. 005.08C1 Upon receipt of such appeal notice, the Director of the Transportation Department of the Commission will arrange for the assignment of an inspector to reinspect or cause to have re-inspected such vehicle within twenty-four (24) hours from date of receipt of the appeal which will include only those normal hours of operation for the Commission.005.08C2 If upon re-inspection, the motor vehicle is found in safe condition and to pose no significant risk to public safety, the Commission will notify the carrier by telephone or facsimile that the vehicle is no longer out of service and that the motor vehicle may be put into service without further delay.005.08C3 if, upon re-inspection, the vehicle is found to be in an unsafe condition or that the vehicle still poses a significant risk to public safety, the Commission will notify the carrier who owns and operates the vehicle that the appeal of the finding placing the vehicle out of service is dismissed.005.08C4 The vehicle may not be placed back into service until the necessary repairs have been made and an inspection finds that the vehicle is no longer unsafe or poses a significant risk to public safety and the Commission certifies in writing that the vehicle can be placed back into service.291 Neb. Admin. Code, ch. 3, § 005
Amended effective 1/16/2019Amended effective 5/12/2021Amended effective 9/24/2022