State Codes and Statutes

Statutes > Nebraska > Chapter75 > 75-362

75-362. Federal regulations; terms, defined.For purposes of sections 75-362 to 75-369.07, unless the context otherwiserequires:(1) Accident means:(a) Except as provided in subdivision (b) of this subdivision, an occurrenceinvolving a commercial motor vehicle operating on a highway in interstateor intrastate commerce which results in:(i) A fatality;(ii) Bodily injury to a person who, as a result of the injury, immediatelyreceives medical treatment away from the scene of the accident; or(iii) One or more motor vehicles incurring disabling damage as a resultof the accident, requiring the motor vehicles to be transported away fromthe scene by a tow truck or other motor vehicle.(b) The term accident does not include:(i) An occurrence involving only boarding and alighting from a stationarymotor vehicle; or(ii) An occurrence involving only the loading or unloading of cargo;(2) Bulk packaging means a packaging, other than a vessel or a barge,including a transport vehicle or freight container, in which hazardous materialsare loaded with no intermediate form of containment and which has:(a) A maximum capacity greater than one hundred nineteen gallons asa receptacle for a liquid;(b) A maximum net mass greater than eight hundred eighty-two poundsand a maximum capacity greater than one hundred nineteen gallons as a receptaclefor a solid; or(c) A water capacity greater than one thousand pounds as a receptaclefor a gas as defined in 49 C.F.R. 173.115;(3) Cargo tank means a bulk packaging that:(a) Is a tank intended primarily for the carriage of liquids or gasesand includes appurtenances, reinforcements, fittings, and closures;(b) Is permanently attached to or forms a part of a motor vehicle oris not permanently attached to a motor vehicle but which, by reason of itssize, construction, or attachment to a motor vehicle, is loaded or unloadedwithout being removed from the motor vehicle; and(c) Is not fabricated under a specification for cylinders, intermediatebulk containers, multi-unit tank-car tanks, portable tanks, or tank cars;(4) Cargo tank motor vehicle means a motor vehicle with one or morecargo tanks permanently attached to or forming an integral part of the motorvehicle;(5) Commercial enterprise means any business activity relating to orbased upon the production, distribution, or consumption of goods or services;(6) Commercial motor vehicle means any self-propelled or towed motorvehicle used on a highway in interstate commerce or intrastate commerce totransport passengers or property when the vehicle:(a) Has a gross vehicle weight rating or gross combination weight ratingor gross vehicle weight or gross combination weight of ten thousand one poundsor more, whichever is greater;(b) Is designed or used to transport more than eight passengers, includingthe driver, for compensation;(c) Is designed or used to transport more than fifteen passengers, includingthe driver, and is not used to transport passengers for compensation; or(d) Is used in transporting material found to be hazardous and suchmaterial is transported in a quantity requiring placarding pursuant to section 75-364;(7) Compliance review means an onsite examination of motor carrier operations,such as drivers' hours of service, maintenance and inspection, driver qualification,commercial driver's license requirements, financial responsibility, accidents,hazardous materials, and other safety and transportation records to determinewhether a motor carrier meets the safety fitness standard. A compliance reviewmay be conducted in response to a request to change a safety rating, to investigatepotential violations of safety regulations by motor carriers, or to investigatecomplaints or other evidence of safety violations. The compliance review mayresult in the initiation of an enforcement action with penalties;(8) Disabling damage means damage which precludes departure of a motorvehicle from the scene of the accident in its usual manner in daylight aftersimple repairs.(a) Inclusions: Damage to motor vehicles that could have been drivenbut would have been further damaged if so driven.(b) Exclusions:(i) Damage which can be remedied temporarily at the scene of the accidentwithout special tools or parts;(ii) Tire disablement without other damage even if no spare tire isavailable;(iii) Headlight or taillight damage; and(iv) Damage to turnsignals, horn, or windshield wipers which makes theminoperative;(9) Driver means any person who operates any commercial motor vehicle;(10) Elevated temperature material means a material which, when offeredfor transportation or transported in a bulk packaging:(a) Is in a liquid phase and at a temperature at or above two hundredtwelve degrees Fahrenheit;(b) Is in a liquid phase with a flash point at or above one hundreddegrees Fahrenheit that is intentionally heated and offered for transportationor transported at or above its flash point; or(c) Is in a solid phase and at a temperature at or above four hundredsixty-four degrees Fahrenheit;(11) Employee means any individual, other than an employer, who is employedby an employer and who in the course of his or her employment directly affectscommercial motor vehicle safety. Such term includes a driver of a commercialmotor vehicle, including an independent contractor while in the course ofoperating a commercial motor vehicle, a mechanic, and a freight handler. Suchterm does not include an employee of the United States, any state, any politicalsubdivision of a state, or any agency established under a compact betweenstates and approved by the Congress of the United States who is acting withinthe course of such employment;(12) Employer means any person engaged in a business affecting commercewho owns or leases a commercial motor vehicle in connection with that businessor assigns employees to operate it. Such term does not include the UnitedStates, any state, any political subdivision of a state, or an agency establishedunder a compact between states approved by the Congress of the United States;(13) Exempt motor carrier means a person engaged in transportation exemptfrom economic regulation under 49 U.S.C. 13506. An exempt motor carrier issubject to the safety regulations adopted in sections 75-362 to 75-369.07;(14) Farm vehicle driver means a person who drives only a commercialmotor vehicle that is controlled and operated by a farmer as a private motorcarrier of property;(15) Farmer means any person who operates a farm or is directly involvedin the cultivation of land, crops, or livestock which:(a) Are owned by that person; or(b) Are under the direct control of that person;(16) Fatality means any injury which results in the death of a personat the time of the motor vehicle accident or within thirty days after theaccident;(17) Fertilizer and agriculturalchemical application and distribution equipment means:(a) Self-propelled ortowed equipment, designed and used exclusively to apply commercial fertilizer,as that term is defined in section 81-2,162.02, chemicals, or related productsto agricultural soil and crops; or(b) Towed equipment designed and used exclusivelyto carry commercial fertilizer, as that term is defined in section 81-2,162.02,chemicals, or related products for use on agricultural soil and crops, whichare equipped with implement or floatation tires;(18) For-hire motor carrier means a person engagedin the transportation of goods or passengers for compensation;(19) Gross combination weightmeans the sum of the empty weight of a motor vehicle plus the total weightof any load carried thereon and the empty weight of the towed unit or unitsplus the total weight of any load carried on such towed unit or units;(20) Gross combination weightrating means the value specified by the manufacturer as the loaded weightof a combination (articulated) motor vehicle. In the absence of a value specifiedby the manufacturer, gross combination weight rating will be determined byadding either the gross vehicle weight rating or gross vehicle weight of themotor vehicle plus the gross vehicle weight rating or gross vehicle weightof the towed unit or units;(21) Gross vehicle weightmeans the sum of the empty weight of a motor vehicle plus the total weightof any load carried thereon;(22) Gross vehicle weightrating means the value specified by the manufacturer as the loaded weightof a single motor vehicle. In the absence of such value specified by the manufactureror the absence of any marking of such value on the vehicle, the gross vehicleweight rating shall be determined from the sum of the axle weight ratingsof the vehicle or the sum of the tire weight ratings as marked on the sidewallof the tires, whichever is greater. In the absence of any tire sidewall marking,the tire weight ratings shall be determined for the specified tires from anyof the publications of any of the organizations listed in 49 C.F.R. 571.119;(23) Hazardous material meansa substance or material that the Secretary of the United States Departmentof Transportation has determined is capable of posing an unreasonable riskto health, safety, and property when transported in commerce and has designatedas hazardous under 49 U.S.C. 5103. The term includes hazardous substances,hazardous wastes, marine pollutants, elevated temperature materials, materialsdesignated as hazardous in the Hazardous Materials Table, 49 C.F.R. 172.101,and materials that meet the defining criteria for hazard classes and divisionsin 49 C.F.R. part 173;(24) Hazardous substance meansa material, including its mixtures and solutions, that is listed in 49 C.F.R.172.101, Appendix A, List Of Hazardous Substances and Reportable Quantities,and is in a quantity, in one package, which equals or exceeds the reportablequantity listed in 49 C.F.R. 172.101, Appendix A. This definition does notapply to petroleum products that are lubricants or fuels or to mixtures orsolutions of hazardous substances if in a concentration less than that shownin the table in 49 C.F.R. 171.8 under the definition of hazardous substancebased on the reportable quantity specified for the materials listed in 49C.F.R. 172.101, Appendix A;(25) Hazardous waste meansany material that is subject to the hazardous waste manifest requirementsof the United States Environmental Protection Agency specified in 40 C.F.R.262;(26) Highway means the entirewidth between the boundary limits of any street, road, avenue, boulevard,or way which is publicly maintained when any part thereof is open to the useof the public for purposes of vehicular travel;(27) Interstate commerce meanstrade, traffic, or transportation provided in the furtherance of a commercialenterprise in the United States:(a) Between a place in a state and a place outside of such state, includinga place outside of the United States;(b) Between two places in a state through another state or a place outsideof the United States; or(c) Between two places in a state as part of trade, traffic, or transportationoriginating or terminating outside the state or the United States;(28) Intrastate commerce meansany trade, traffic, or transportation provided in the furtherance of a commercialenterprise between any place in the State of Nebraska and any other placein Nebraska and not through any other state;(29) Marine pollutant meansa material which is listed in the Hazardous Materials Table, 49 C.F.R. 172.101,Appendix B, as a marine pollutant (see 49 C.F.R. 171.4 for applicability tomarine pollutants) and, when in a solution or mixture of one or more marinepollutants, is packaged in a concentration which equals or exceeds:(a) Ten percent by weight of the solution or mixture for materials listedin 49 C.F.R. 172.101, Appendix B; or(b) One percent by weight of the solution or mixture for materials thatare identified as severe marine pollutants in the Hazardous Materials Table,49 C.F.R. 172.101, Appendix B;(30) Motor carrier means afor-hire motor carrier or a private motor carrier. The term includes a motorcarrier's agents, officers, and representatives as well as employees responsiblefor hiring, supervising, training, assigning, or dispatching of drivers andemployees concerned with the installation, inspection, and maintenance ofmotor vehicle equipment or accessories. This definition includes the termsemployer and exempt motor carrier;(31) Motor vehicle means anyvehicle, truck, truck-tractor, trailer, or semitrailer propelled or drawnby mechanical power except (a) farm tractors, (b) vehicles which run onlyon rails or tracks, and (c) road and general-purpose construction and maintenancemachinery which by design and function is obviously not intended for use ona public highway, including, but not limited to, motor scrapers, earthmovingequipment, backhoes, trenchers, motor graders, compactors, tractors, bulldozers,bucket loaders, ditchdigging apparatus, asphalt spreaders, leveling graders,power shovels, and crawler tractors;(32) Nonbulk packaging meansa packaging which has:(a) A maximum capacity of one hundred nineteen gallons or less as areceptacle for a liquid;(b) A maximum net mass of eight hundred eighty-two pounds or less anda maximum capacity of one hundred nineteen gallons or less as a receptaclefor a solid; or(c) A water capacity of one thousand pounds or less as a receptaclefor a gas as defined in 49 C.F.R. 173.115;(33) Out-of-service ordermeans a declaration by an authorized enforcement officer of a federal, state,Canadian, Mexican, or local jurisdiction that a driver, a commercial motorvehicle, or a motor carrier operation is out of service pursuant to 49 C.F.R.386.72, 392.5, 392.9a, 395.13,or 396.9, or compatible laws or the North American Uniform Out-of-ServiceCriteria;(34) Packaging means a receptacleand any other components or materials necessary for the receptacle to performits containment function in conformance with the minimum packing requirementsof Title 49 of the Code of Federal Regulations. For radioactive materialspackaging, see 49 C.F.R. 173.403;(35) Person means any individual,partnership, association, corporation, business trust, or any other organizedgroup of individuals;(36) Principal place of businessmeans the single location designated by the motor carrier, normally its headquarters,for purposes of identification. The motor carrier must make records requiredby the regulations referred to in sections 75-363 to 75-369.07 and this sectionavailable for inspection at this location within forty-eight hours, Saturdays,Sundays, and state or federal holidays excluded, after a request has beenmade by an officer of the Nebraska State Patrol;(37) Private motor carriermeans a person who provides transportation of property or passengers by commercialmotor vehicle and is not a for-hire motor carrier;(38) Safety audit means anexamination of a motor carrier's operations to provide educational and technicalassistance on drivers' hours of service, maintenance and inspection, driverqualification, commercial driver's license requirements, financial responsibility,accidents, hazardous materials, and other safety and transportation recordsto determine whether a motor carrier meets the safety fitness standard. Thepurpose of a safety audit is to gather critical safety data needed to makean assessment of the carrier's safety performance and basic safety managementcontrols. Safety audits do not result in safety ratings; and(39) Tank means a container,consisting of a shell and heads, that forms a pressure-tight vessel havingopenings designed to accept pressure-tight fittings or closures, but excludesany appurtenances, reinforcements, fittings, or closures. SourceLaws 2006, LB 1007, § 14; Laws 2010, LB725, § 2; Laws 2010, LB805, § 12.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB725, section 2, with LB805, section 12, to reflect all amendments.

State Codes and Statutes

Statutes > Nebraska > Chapter75 > 75-362

75-362. Federal regulations; terms, defined.For purposes of sections 75-362 to 75-369.07, unless the context otherwiserequires:(1) Accident means:(a) Except as provided in subdivision (b) of this subdivision, an occurrenceinvolving a commercial motor vehicle operating on a highway in interstateor intrastate commerce which results in:(i) A fatality;(ii) Bodily injury to a person who, as a result of the injury, immediatelyreceives medical treatment away from the scene of the accident; or(iii) One or more motor vehicles incurring disabling damage as a resultof the accident, requiring the motor vehicles to be transported away fromthe scene by a tow truck or other motor vehicle.(b) The term accident does not include:(i) An occurrence involving only boarding and alighting from a stationarymotor vehicle; or(ii) An occurrence involving only the loading or unloading of cargo;(2) Bulk packaging means a packaging, other than a vessel or a barge,including a transport vehicle or freight container, in which hazardous materialsare loaded with no intermediate form of containment and which has:(a) A maximum capacity greater than one hundred nineteen gallons asa receptacle for a liquid;(b) A maximum net mass greater than eight hundred eighty-two poundsand a maximum capacity greater than one hundred nineteen gallons as a receptaclefor a solid; or(c) A water capacity greater than one thousand pounds as a receptaclefor a gas as defined in 49 C.F.R. 173.115;(3) Cargo tank means a bulk packaging that:(a) Is a tank intended primarily for the carriage of liquids or gasesand includes appurtenances, reinforcements, fittings, and closures;(b) Is permanently attached to or forms a part of a motor vehicle oris not permanently attached to a motor vehicle but which, by reason of itssize, construction, or attachment to a motor vehicle, is loaded or unloadedwithout being removed from the motor vehicle; and(c) Is not fabricated under a specification for cylinders, intermediatebulk containers, multi-unit tank-car tanks, portable tanks, or tank cars;(4) Cargo tank motor vehicle means a motor vehicle with one or morecargo tanks permanently attached to or forming an integral part of the motorvehicle;(5) Commercial enterprise means any business activity relating to orbased upon the production, distribution, or consumption of goods or services;(6) Commercial motor vehicle means any self-propelled or towed motorvehicle used on a highway in interstate commerce or intrastate commerce totransport passengers or property when the vehicle:(a) Has a gross vehicle weight rating or gross combination weight ratingor gross vehicle weight or gross combination weight of ten thousand one poundsor more, whichever is greater;(b) Is designed or used to transport more than eight passengers, includingthe driver, for compensation;(c) Is designed or used to transport more than fifteen passengers, includingthe driver, and is not used to transport passengers for compensation; or(d) Is used in transporting material found to be hazardous and suchmaterial is transported in a quantity requiring placarding pursuant to section 75-364;(7) Compliance review means an onsite examination of motor carrier operations,such as drivers' hours of service, maintenance and inspection, driver qualification,commercial driver's license requirements, financial responsibility, accidents,hazardous materials, and other safety and transportation records to determinewhether a motor carrier meets the safety fitness standard. A compliance reviewmay be conducted in response to a request to change a safety rating, to investigatepotential violations of safety regulations by motor carriers, or to investigatecomplaints or other evidence of safety violations. The compliance review mayresult in the initiation of an enforcement action with penalties;(8) Disabling damage means damage which precludes departure of a motorvehicle from the scene of the accident in its usual manner in daylight aftersimple repairs.(a) Inclusions: Damage to motor vehicles that could have been drivenbut would have been further damaged if so driven.(b) Exclusions:(i) Damage which can be remedied temporarily at the scene of the accidentwithout special tools or parts;(ii) Tire disablement without other damage even if no spare tire isavailable;(iii) Headlight or taillight damage; and(iv) Damage to turnsignals, horn, or windshield wipers which makes theminoperative;(9) Driver means any person who operates any commercial motor vehicle;(10) Elevated temperature material means a material which, when offeredfor transportation or transported in a bulk packaging:(a) Is in a liquid phase and at a temperature at or above two hundredtwelve degrees Fahrenheit;(b) Is in a liquid phase with a flash point at or above one hundreddegrees Fahrenheit that is intentionally heated and offered for transportationor transported at or above its flash point; or(c) Is in a solid phase and at a temperature at or above four hundredsixty-four degrees Fahrenheit;(11) Employee means any individual, other than an employer, who is employedby an employer and who in the course of his or her employment directly affectscommercial motor vehicle safety. Such term includes a driver of a commercialmotor vehicle, including an independent contractor while in the course ofoperating a commercial motor vehicle, a mechanic, and a freight handler. Suchterm does not include an employee of the United States, any state, any politicalsubdivision of a state, or any agency established under a compact betweenstates and approved by the Congress of the United States who is acting withinthe course of such employment;(12) Employer means any person engaged in a business affecting commercewho owns or leases a commercial motor vehicle in connection with that businessor assigns employees to operate it. Such term does not include the UnitedStates, any state, any political subdivision of a state, or an agency establishedunder a compact between states approved by the Congress of the United States;(13) Exempt motor carrier means a person engaged in transportation exemptfrom economic regulation under 49 U.S.C. 13506. An exempt motor carrier issubject to the safety regulations adopted in sections 75-362 to 75-369.07;(14) Farm vehicle driver means a person who drives only a commercialmotor vehicle that is controlled and operated by a farmer as a private motorcarrier of property;(15) Farmer means any person who operates a farm or is directly involvedin the cultivation of land, crops, or livestock which:(a) Are owned by that person; or(b) Are under the direct control of that person;(16) Fatality means any injury which results in the death of a personat the time of the motor vehicle accident or within thirty days after theaccident;(17) Fertilizer and agriculturalchemical application and distribution equipment means:(a) Self-propelled ortowed equipment, designed and used exclusively to apply commercial fertilizer,as that term is defined in section 81-2,162.02, chemicals, or related productsto agricultural soil and crops; or(b) Towed equipment designed and used exclusivelyto carry commercial fertilizer, as that term is defined in section 81-2,162.02,chemicals, or related products for use on agricultural soil and crops, whichare equipped with implement or floatation tires;(18) For-hire motor carrier means a person engagedin the transportation of goods or passengers for compensation;(19) Gross combination weightmeans the sum of the empty weight of a motor vehicle plus the total weightof any load carried thereon and the empty weight of the towed unit or unitsplus the total weight of any load carried on such towed unit or units;(20) Gross combination weightrating means the value specified by the manufacturer as the loaded weightof a combination (articulated) motor vehicle. In the absence of a value specifiedby the manufacturer, gross combination weight rating will be determined byadding either the gross vehicle weight rating or gross vehicle weight of themotor vehicle plus the gross vehicle weight rating or gross vehicle weightof the towed unit or units;(21) Gross vehicle weightmeans the sum of the empty weight of a motor vehicle plus the total weightof any load carried thereon;(22) Gross vehicle weightrating means the value specified by the manufacturer as the loaded weightof a single motor vehicle. In the absence of such value specified by the manufactureror the absence of any marking of such value on the vehicle, the gross vehicleweight rating shall be determined from the sum of the axle weight ratingsof the vehicle or the sum of the tire weight ratings as marked on the sidewallof the tires, whichever is greater. In the absence of any tire sidewall marking,the tire weight ratings shall be determined for the specified tires from anyof the publications of any of the organizations listed in 49 C.F.R. 571.119;(23) Hazardous material meansa substance or material that the Secretary of the United States Departmentof Transportation has determined is capable of posing an unreasonable riskto health, safety, and property when transported in commerce and has designatedas hazardous under 49 U.S.C. 5103. The term includes hazardous substances,hazardous wastes, marine pollutants, elevated temperature materials, materialsdesignated as hazardous in the Hazardous Materials Table, 49 C.F.R. 172.101,and materials that meet the defining criteria for hazard classes and divisionsin 49 C.F.R. part 173;(24) Hazardous substance meansa material, including its mixtures and solutions, that is listed in 49 C.F.R.172.101, Appendix A, List Of Hazardous Substances and Reportable Quantities,and is in a quantity, in one package, which equals or exceeds the reportablequantity listed in 49 C.F.R. 172.101, Appendix A. This definition does notapply to petroleum products that are lubricants or fuels or to mixtures orsolutions of hazardous substances if in a concentration less than that shownin the table in 49 C.F.R. 171.8 under the definition of hazardous substancebased on the reportable quantity specified for the materials listed in 49C.F.R. 172.101, Appendix A;(25) Hazardous waste meansany material that is subject to the hazardous waste manifest requirementsof the United States Environmental Protection Agency specified in 40 C.F.R.262;(26) Highway means the entirewidth between the boundary limits of any street, road, avenue, boulevard,or way which is publicly maintained when any part thereof is open to the useof the public for purposes of vehicular travel;(27) Interstate commerce meanstrade, traffic, or transportation provided in the furtherance of a commercialenterprise in the United States:(a) Between a place in a state and a place outside of such state, includinga place outside of the United States;(b) Between two places in a state through another state or a place outsideof the United States; or(c) Between two places in a state as part of trade, traffic, or transportationoriginating or terminating outside the state or the United States;(28) Intrastate commerce meansany trade, traffic, or transportation provided in the furtherance of a commercialenterprise between any place in the State of Nebraska and any other placein Nebraska and not through any other state;(29) Marine pollutant meansa material which is listed in the Hazardous Materials Table, 49 C.F.R. 172.101,Appendix B, as a marine pollutant (see 49 C.F.R. 171.4 for applicability tomarine pollutants) and, when in a solution or mixture of one or more marinepollutants, is packaged in a concentration which equals or exceeds:(a) Ten percent by weight of the solution or mixture for materials listedin 49 C.F.R. 172.101, Appendix B; or(b) One percent by weight of the solution or mixture for materials thatare identified as severe marine pollutants in the Hazardous Materials Table,49 C.F.R. 172.101, Appendix B;(30) Motor carrier means afor-hire motor carrier or a private motor carrier. The term includes a motorcarrier's agents, officers, and representatives as well as employees responsiblefor hiring, supervising, training, assigning, or dispatching of drivers andemployees concerned with the installation, inspection, and maintenance ofmotor vehicle equipment or accessories. This definition includes the termsemployer and exempt motor carrier;(31) Motor vehicle means anyvehicle, truck, truck-tractor, trailer, or semitrailer propelled or drawnby mechanical power except (a) farm tractors, (b) vehicles which run onlyon rails or tracks, and (c) road and general-purpose construction and maintenancemachinery which by design and function is obviously not intended for use ona public highway, including, but not limited to, motor scrapers, earthmovingequipment, backhoes, trenchers, motor graders, compactors, tractors, bulldozers,bucket loaders, ditchdigging apparatus, asphalt spreaders, leveling graders,power shovels, and crawler tractors;(32) Nonbulk packaging meansa packaging which has:(a) A maximum capacity of one hundred nineteen gallons or less as areceptacle for a liquid;(b) A maximum net mass of eight hundred eighty-two pounds or less anda maximum capacity of one hundred nineteen gallons or less as a receptaclefor a solid; or(c) A water capacity of one thousand pounds or less as a receptaclefor a gas as defined in 49 C.F.R. 173.115;(33) Out-of-service ordermeans a declaration by an authorized enforcement officer of a federal, state,Canadian, Mexican, or local jurisdiction that a driver, a commercial motorvehicle, or a motor carrier operation is out of service pursuant to 49 C.F.R.386.72, 392.5, 392.9a, 395.13,or 396.9, or compatible laws or the North American Uniform Out-of-ServiceCriteria;(34) Packaging means a receptacleand any other components or materials necessary for the receptacle to performits containment function in conformance with the minimum packing requirementsof Title 49 of the Code of Federal Regulations. For radioactive materialspackaging, see 49 C.F.R. 173.403;(35) Person means any individual,partnership, association, corporation, business trust, or any other organizedgroup of individuals;(36) Principal place of businessmeans the single location designated by the motor carrier, normally its headquarters,for purposes of identification. The motor carrier must make records requiredby the regulations referred to in sections 75-363 to 75-369.07 and this sectionavailable for inspection at this location within forty-eight hours, Saturdays,Sundays, and state or federal holidays excluded, after a request has beenmade by an officer of the Nebraska State Patrol;(37) Private motor carriermeans a person who provides transportation of property or passengers by commercialmotor vehicle and is not a for-hire motor carrier;(38) Safety audit means anexamination of a motor carrier's operations to provide educational and technicalassistance on drivers' hours of service, maintenance and inspection, driverqualification, commercial driver's license requirements, financial responsibility,accidents, hazardous materials, and other safety and transportation recordsto determine whether a motor carrier meets the safety fitness standard. Thepurpose of a safety audit is to gather critical safety data needed to makean assessment of the carrier's safety performance and basic safety managementcontrols. Safety audits do not result in safety ratings; and(39) Tank means a container,consisting of a shell and heads, that forms a pressure-tight vessel havingopenings designed to accept pressure-tight fittings or closures, but excludesany appurtenances, reinforcements, fittings, or closures. SourceLaws 2006, LB 1007, § 14; Laws 2010, LB725, § 2; Laws 2010, LB805, § 12.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB725, section 2, with LB805, section 12, to reflect all amendments.

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State Codes and Statutes

Statutes > Nebraska > Chapter75 > 75-362

75-362. Federal regulations; terms, defined.For purposes of sections 75-362 to 75-369.07, unless the context otherwiserequires:(1) Accident means:(a) Except as provided in subdivision (b) of this subdivision, an occurrenceinvolving a commercial motor vehicle operating on a highway in interstateor intrastate commerce which results in:(i) A fatality;(ii) Bodily injury to a person who, as a result of the injury, immediatelyreceives medical treatment away from the scene of the accident; or(iii) One or more motor vehicles incurring disabling damage as a resultof the accident, requiring the motor vehicles to be transported away fromthe scene by a tow truck or other motor vehicle.(b) The term accident does not include:(i) An occurrence involving only boarding and alighting from a stationarymotor vehicle; or(ii) An occurrence involving only the loading or unloading of cargo;(2) Bulk packaging means a packaging, other than a vessel or a barge,including a transport vehicle or freight container, in which hazardous materialsare loaded with no intermediate form of containment and which has:(a) A maximum capacity greater than one hundred nineteen gallons asa receptacle for a liquid;(b) A maximum net mass greater than eight hundred eighty-two poundsand a maximum capacity greater than one hundred nineteen gallons as a receptaclefor a solid; or(c) A water capacity greater than one thousand pounds as a receptaclefor a gas as defined in 49 C.F.R. 173.115;(3) Cargo tank means a bulk packaging that:(a) Is a tank intended primarily for the carriage of liquids or gasesand includes appurtenances, reinforcements, fittings, and closures;(b) Is permanently attached to or forms a part of a motor vehicle oris not permanently attached to a motor vehicle but which, by reason of itssize, construction, or attachment to a motor vehicle, is loaded or unloadedwithout being removed from the motor vehicle; and(c) Is not fabricated under a specification for cylinders, intermediatebulk containers, multi-unit tank-car tanks, portable tanks, or tank cars;(4) Cargo tank motor vehicle means a motor vehicle with one or morecargo tanks permanently attached to or forming an integral part of the motorvehicle;(5) Commercial enterprise means any business activity relating to orbased upon the production, distribution, or consumption of goods or services;(6) Commercial motor vehicle means any self-propelled or towed motorvehicle used on a highway in interstate commerce or intrastate commerce totransport passengers or property when the vehicle:(a) Has a gross vehicle weight rating or gross combination weight ratingor gross vehicle weight or gross combination weight of ten thousand one poundsor more, whichever is greater;(b) Is designed or used to transport more than eight passengers, includingthe driver, for compensation;(c) Is designed or used to transport more than fifteen passengers, includingthe driver, and is not used to transport passengers for compensation; or(d) Is used in transporting material found to be hazardous and suchmaterial is transported in a quantity requiring placarding pursuant to section 75-364;(7) Compliance review means an onsite examination of motor carrier operations,such as drivers' hours of service, maintenance and inspection, driver qualification,commercial driver's license requirements, financial responsibility, accidents,hazardous materials, and other safety and transportation records to determinewhether a motor carrier meets the safety fitness standard. A compliance reviewmay be conducted in response to a request to change a safety rating, to investigatepotential violations of safety regulations by motor carriers, or to investigatecomplaints or other evidence of safety violations. The compliance review mayresult in the initiation of an enforcement action with penalties;(8) Disabling damage means damage which precludes departure of a motorvehicle from the scene of the accident in its usual manner in daylight aftersimple repairs.(a) Inclusions: Damage to motor vehicles that could have been drivenbut would have been further damaged if so driven.(b) Exclusions:(i) Damage which can be remedied temporarily at the scene of the accidentwithout special tools or parts;(ii) Tire disablement without other damage even if no spare tire isavailable;(iii) Headlight or taillight damage; and(iv) Damage to turnsignals, horn, or windshield wipers which makes theminoperative;(9) Driver means any person who operates any commercial motor vehicle;(10) Elevated temperature material means a material which, when offeredfor transportation or transported in a bulk packaging:(a) Is in a liquid phase and at a temperature at or above two hundredtwelve degrees Fahrenheit;(b) Is in a liquid phase with a flash point at or above one hundreddegrees Fahrenheit that is intentionally heated and offered for transportationor transported at or above its flash point; or(c) Is in a solid phase and at a temperature at or above four hundredsixty-four degrees Fahrenheit;(11) Employee means any individual, other than an employer, who is employedby an employer and who in the course of his or her employment directly affectscommercial motor vehicle safety. Such term includes a driver of a commercialmotor vehicle, including an independent contractor while in the course ofoperating a commercial motor vehicle, a mechanic, and a freight handler. Suchterm does not include an employee of the United States, any state, any politicalsubdivision of a state, or any agency established under a compact betweenstates and approved by the Congress of the United States who is acting withinthe course of such employment;(12) Employer means any person engaged in a business affecting commercewho owns or leases a commercial motor vehicle in connection with that businessor assigns employees to operate it. Such term does not include the UnitedStates, any state, any political subdivision of a state, or an agency establishedunder a compact between states approved by the Congress of the United States;(13) Exempt motor carrier means a person engaged in transportation exemptfrom economic regulation under 49 U.S.C. 13506. An exempt motor carrier issubject to the safety regulations adopted in sections 75-362 to 75-369.07;(14) Farm vehicle driver means a person who drives only a commercialmotor vehicle that is controlled and operated by a farmer as a private motorcarrier of property;(15) Farmer means any person who operates a farm or is directly involvedin the cultivation of land, crops, or livestock which:(a) Are owned by that person; or(b) Are under the direct control of that person;(16) Fatality means any injury which results in the death of a personat the time of the motor vehicle accident or within thirty days after theaccident;(17) Fertilizer and agriculturalchemical application and distribution equipment means:(a) Self-propelled ortowed equipment, designed and used exclusively to apply commercial fertilizer,as that term is defined in section 81-2,162.02, chemicals, or related productsto agricultural soil and crops; or(b) Towed equipment designed and used exclusivelyto carry commercial fertilizer, as that term is defined in section 81-2,162.02,chemicals, or related products for use on agricultural soil and crops, whichare equipped with implement or floatation tires;(18) For-hire motor carrier means a person engagedin the transportation of goods or passengers for compensation;(19) Gross combination weightmeans the sum of the empty weight of a motor vehicle plus the total weightof any load carried thereon and the empty weight of the towed unit or unitsplus the total weight of any load carried on such towed unit or units;(20) Gross combination weightrating means the value specified by the manufacturer as the loaded weightof a combination (articulated) motor vehicle. In the absence of a value specifiedby the manufacturer, gross combination weight rating will be determined byadding either the gross vehicle weight rating or gross vehicle weight of themotor vehicle plus the gross vehicle weight rating or gross vehicle weightof the towed unit or units;(21) Gross vehicle weightmeans the sum of the empty weight of a motor vehicle plus the total weightof any load carried thereon;(22) Gross vehicle weightrating means the value specified by the manufacturer as the loaded weightof a single motor vehicle. In the absence of such value specified by the manufactureror the absence of any marking of such value on the vehicle, the gross vehicleweight rating shall be determined from the sum of the axle weight ratingsof the vehicle or the sum of the tire weight ratings as marked on the sidewallof the tires, whichever is greater. In the absence of any tire sidewall marking,the tire weight ratings shall be determined for the specified tires from anyof the publications of any of the organizations listed in 49 C.F.R. 571.119;(23) Hazardous material meansa substance or material that the Secretary of the United States Departmentof Transportation has determined is capable of posing an unreasonable riskto health, safety, and property when transported in commerce and has designatedas hazardous under 49 U.S.C. 5103. The term includes hazardous substances,hazardous wastes, marine pollutants, elevated temperature materials, materialsdesignated as hazardous in the Hazardous Materials Table, 49 C.F.R. 172.101,and materials that meet the defining criteria for hazard classes and divisionsin 49 C.F.R. part 173;(24) Hazardous substance meansa material, including its mixtures and solutions, that is listed in 49 C.F.R.172.101, Appendix A, List Of Hazardous Substances and Reportable Quantities,and is in a quantity, in one package, which equals or exceeds the reportablequantity listed in 49 C.F.R. 172.101, Appendix A. This definition does notapply to petroleum products that are lubricants or fuels or to mixtures orsolutions of hazardous substances if in a concentration less than that shownin the table in 49 C.F.R. 171.8 under the definition of hazardous substancebased on the reportable quantity specified for the materials listed in 49C.F.R. 172.101, Appendix A;(25) Hazardous waste meansany material that is subject to the hazardous waste manifest requirementsof the United States Environmental Protection Agency specified in 40 C.F.R.262;(26) Highway means the entirewidth between the boundary limits of any street, road, avenue, boulevard,or way which is publicly maintained when any part thereof is open to the useof the public for purposes of vehicular travel;(27) Interstate commerce meanstrade, traffic, or transportation provided in the furtherance of a commercialenterprise in the United States:(a) Between a place in a state and a place outside of such state, includinga place outside of the United States;(b) Between two places in a state through another state or a place outsideof the United States; or(c) Between two places in a state as part of trade, traffic, or transportationoriginating or terminating outside the state or the United States;(28) Intrastate commerce meansany trade, traffic, or transportation provided in the furtherance of a commercialenterprise between any place in the State of Nebraska and any other placein Nebraska and not through any other state;(29) Marine pollutant meansa material which is listed in the Hazardous Materials Table, 49 C.F.R. 172.101,Appendix B, as a marine pollutant (see 49 C.F.R. 171.4 for applicability tomarine pollutants) and, when in a solution or mixture of one or more marinepollutants, is packaged in a concentration which equals or exceeds:(a) Ten percent by weight of the solution or mixture for materials listedin 49 C.F.R. 172.101, Appendix B; or(b) One percent by weight of the solution or mixture for materials thatare identified as severe marine pollutants in the Hazardous Materials Table,49 C.F.R. 172.101, Appendix B;(30) Motor carrier means afor-hire motor carrier or a private motor carrier. The term includes a motorcarrier's agents, officers, and representatives as well as employees responsiblefor hiring, supervising, training, assigning, or dispatching of drivers andemployees concerned with the installation, inspection, and maintenance ofmotor vehicle equipment or accessories. This definition includes the termsemployer and exempt motor carrier;(31) Motor vehicle means anyvehicle, truck, truck-tractor, trailer, or semitrailer propelled or drawnby mechanical power except (a) farm tractors, (b) vehicles which run onlyon rails or tracks, and (c) road and general-purpose construction and maintenancemachinery which by design and function is obviously not intended for use ona public highway, including, but not limited to, motor scrapers, earthmovingequipment, backhoes, trenchers, motor graders, compactors, tractors, bulldozers,bucket loaders, ditchdigging apparatus, asphalt spreaders, leveling graders,power shovels, and crawler tractors;(32) Nonbulk packaging meansa packaging which has:(a) A maximum capacity of one hundred nineteen gallons or less as areceptacle for a liquid;(b) A maximum net mass of eight hundred eighty-two pounds or less anda maximum capacity of one hundred nineteen gallons or less as a receptaclefor a solid; or(c) A water capacity of one thousand pounds or less as a receptaclefor a gas as defined in 49 C.F.R. 173.115;(33) Out-of-service ordermeans a declaration by an authorized enforcement officer of a federal, state,Canadian, Mexican, or local jurisdiction that a driver, a commercial motorvehicle, or a motor carrier operation is out of service pursuant to 49 C.F.R.386.72, 392.5, 392.9a, 395.13,or 396.9, or compatible laws or the North American Uniform Out-of-ServiceCriteria;(34) Packaging means a receptacleand any other components or materials necessary for the receptacle to performits containment function in conformance with the minimum packing requirementsof Title 49 of the Code of Federal Regulations. For radioactive materialspackaging, see 49 C.F.R. 173.403;(35) Person means any individual,partnership, association, corporation, business trust, or any other organizedgroup of individuals;(36) Principal place of businessmeans the single location designated by the motor carrier, normally its headquarters,for purposes of identification. The motor carrier must make records requiredby the regulations referred to in sections 75-363 to 75-369.07 and this sectionavailable for inspection at this location within forty-eight hours, Saturdays,Sundays, and state or federal holidays excluded, after a request has beenmade by an officer of the Nebraska State Patrol;(37) Private motor carriermeans a person who provides transportation of property or passengers by commercialmotor vehicle and is not a for-hire motor carrier;(38) Safety audit means anexamination of a motor carrier's operations to provide educational and technicalassistance on drivers' hours of service, maintenance and inspection, driverqualification, commercial driver's license requirements, financial responsibility,accidents, hazardous materials, and other safety and transportation recordsto determine whether a motor carrier meets the safety fitness standard. Thepurpose of a safety audit is to gather critical safety data needed to makean assessment of the carrier's safety performance and basic safety managementcontrols. Safety audits do not result in safety ratings; and(39) Tank means a container,consisting of a shell and heads, that forms a pressure-tight vessel havingopenings designed to accept pressure-tight fittings or closures, but excludesany appurtenances, reinforcements, fittings, or closures. SourceLaws 2006, LB 1007, § 14; Laws 2010, LB725, § 2; Laws 2010, LB805, § 12.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB725, section 2, with LB805, section 12, to reflect all amendments.

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