State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-1301

60-1301. Weighingstations; portable scales; purpose; location; effect as evidence of weightdetermination; reweighing, when required; pickup trucks; exception; NebraskaState Patrol; rules and regulations.In order to promotepublic safety, to preserve and protect the state highways and bridges andprevent immoderate and destructive use of the same, and to enforce the motorvehicle registration laws, the Department of Roads shall have the responsibilityto construct, maintain, provide, and contract with the Nebraska State Patrolfor the operation of weighing stations and provide the funding for the same.The Nebraska State Patrol shall operate the weighing stations, including portablescales, for the weighing and inspection of buses, motor trucks, truck-tractors,semitrailers, trailers, and towed vehicles. Each of the weighing stationsshall be located near, on, or adjacent to a state highway upon real estateowned by the State of Nebraska or upon real estate acquired for that purpose.Weights determined on such weighing stations and portable scales shall bepresumed to be accurate and shall be accepted in court as prima facie evidenceof a violation of the laws relating to the size, weight, load, and registrationof buses, motor trucks, truck-tractors, semitrailers, trailers, and towedvehicles. The owner or driver of a vehicle found to be in violation of suchlaws by the use of portable scales shall be advised by the officer operatingthe portable scale that he or she has the right to demand an immediate reweighingat his or her expense at the nearest permanent state-approved scale capableof weighing the vehicle, and if a variance exists between the weights of thepermanent and portable scales, then the weights determined on the permanentscale shall prevail. Sections 60-1301 to 60-1309 shall not apply to pickuptrucks with a factory-rated capacity of one ton or less, except as may beprovided by rules and regulations of the Nebraska State Patrol, or to recreationalvehicles as defined in section 71-4603. The Nebraska State Patrol may adoptand promulgate rules and regulations concerning the weighing of pickup truckswith a factory-rated capacity of one ton or less which tow vehicles. Suchrules and regulations shall require trucks towing vehicles to comply withsections 60-1301 to 60-1309 when it is necessary to promote the public safetyand preserve and protect the state highways and bridges. SourceLaws 1949, c. 109, § 1, p. 300; Laws 1951, c. 116, § 1, p. 525; R.R.S.1943, § 39-603.03; Laws 1955, c. 145, § 1, p. 406; Laws 1961, c. 323, § 1, p. 1027; Laws 1963, c. 373, § 5, p. 1197; Laws 1976, LB 823, § 2; Laws 1985, LB 395, § 4; Laws 2002, LB 470, § 1; Laws 2008, LB797, § 2.

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-1301

60-1301. Weighingstations; portable scales; purpose; location; effect as evidence of weightdetermination; reweighing, when required; pickup trucks; exception; NebraskaState Patrol; rules and regulations.In order to promotepublic safety, to preserve and protect the state highways and bridges andprevent immoderate and destructive use of the same, and to enforce the motorvehicle registration laws, the Department of Roads shall have the responsibilityto construct, maintain, provide, and contract with the Nebraska State Patrolfor the operation of weighing stations and provide the funding for the same.The Nebraska State Patrol shall operate the weighing stations, including portablescales, for the weighing and inspection of buses, motor trucks, truck-tractors,semitrailers, trailers, and towed vehicles. Each of the weighing stationsshall be located near, on, or adjacent to a state highway upon real estateowned by the State of Nebraska or upon real estate acquired for that purpose.Weights determined on such weighing stations and portable scales shall bepresumed to be accurate and shall be accepted in court as prima facie evidenceof a violation of the laws relating to the size, weight, load, and registrationof buses, motor trucks, truck-tractors, semitrailers, trailers, and towedvehicles. The owner or driver of a vehicle found to be in violation of suchlaws by the use of portable scales shall be advised by the officer operatingthe portable scale that he or she has the right to demand an immediate reweighingat his or her expense at the nearest permanent state-approved scale capableof weighing the vehicle, and if a variance exists between the weights of thepermanent and portable scales, then the weights determined on the permanentscale shall prevail. Sections 60-1301 to 60-1309 shall not apply to pickuptrucks with a factory-rated capacity of one ton or less, except as may beprovided by rules and regulations of the Nebraska State Patrol, or to recreationalvehicles as defined in section 71-4603. The Nebraska State Patrol may adoptand promulgate rules and regulations concerning the weighing of pickup truckswith a factory-rated capacity of one ton or less which tow vehicles. Suchrules and regulations shall require trucks towing vehicles to comply withsections 60-1301 to 60-1309 when it is necessary to promote the public safetyand preserve and protect the state highways and bridges. SourceLaws 1949, c. 109, § 1, p. 300; Laws 1951, c. 116, § 1, p. 525; R.R.S.1943, § 39-603.03; Laws 1955, c. 145, § 1, p. 406; Laws 1961, c. 323, § 1, p. 1027; Laws 1963, c. 373, § 5, p. 1197; Laws 1976, LB 823, § 2; Laws 1985, LB 395, § 4; Laws 2002, LB 470, § 1; Laws 2008, LB797, § 2.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-1301

60-1301. Weighingstations; portable scales; purpose; location; effect as evidence of weightdetermination; reweighing, when required; pickup trucks; exception; NebraskaState Patrol; rules and regulations.In order to promotepublic safety, to preserve and protect the state highways and bridges andprevent immoderate and destructive use of the same, and to enforce the motorvehicle registration laws, the Department of Roads shall have the responsibilityto construct, maintain, provide, and contract with the Nebraska State Patrolfor the operation of weighing stations and provide the funding for the same.The Nebraska State Patrol shall operate the weighing stations, including portablescales, for the weighing and inspection of buses, motor trucks, truck-tractors,semitrailers, trailers, and towed vehicles. Each of the weighing stationsshall be located near, on, or adjacent to a state highway upon real estateowned by the State of Nebraska or upon real estate acquired for that purpose.Weights determined on such weighing stations and portable scales shall bepresumed to be accurate and shall be accepted in court as prima facie evidenceof a violation of the laws relating to the size, weight, load, and registrationof buses, motor trucks, truck-tractors, semitrailers, trailers, and towedvehicles. The owner or driver of a vehicle found to be in violation of suchlaws by the use of portable scales shall be advised by the officer operatingthe portable scale that he or she has the right to demand an immediate reweighingat his or her expense at the nearest permanent state-approved scale capableof weighing the vehicle, and if a variance exists between the weights of thepermanent and portable scales, then the weights determined on the permanentscale shall prevail. Sections 60-1301 to 60-1309 shall not apply to pickuptrucks with a factory-rated capacity of one ton or less, except as may beprovided by rules and regulations of the Nebraska State Patrol, or to recreationalvehicles as defined in section 71-4603. The Nebraska State Patrol may adoptand promulgate rules and regulations concerning the weighing of pickup truckswith a factory-rated capacity of one ton or less which tow vehicles. Suchrules and regulations shall require trucks towing vehicles to comply withsections 60-1301 to 60-1309 when it is necessary to promote the public safetyand preserve and protect the state highways and bridges. SourceLaws 1949, c. 109, § 1, p. 300; Laws 1951, c. 116, § 1, p. 525; R.R.S.1943, § 39-603.03; Laws 1955, c. 145, § 1, p. 406; Laws 1961, c. 323, § 1, p. 1027; Laws 1963, c. 373, § 5, p. 1197; Laws 1976, LB 823, § 2; Laws 1985, LB 395, § 4; Laws 2002, LB 470, § 1; Laws 2008, LB797, § 2.