60-3,198 Fleet of vehicles in interjurisdiction commerce; registration; exception; application; fees; temporary authority; evidence of registration; proportional registration; removal from fleet; effe - Nebraska Statutes

60-3,198. Fleet of vehiclesin interjurisdiction commerce; registration; exception; application; fees;temporary authority; evidence of registration; proportional registration;removal from fleet; effect; unladen-weight registration; trip permit; fee.(1) Any owner engaged in operating a fleet of apportionable vehiclesin this state in interjurisdiction commerce may, in lieu of registration ofsuch apportionable vehicles under the general provisions of the Motor VehicleRegistration Act, register and license such fleet for operation in this stateby filing a statement and the application required by section 60-3,203 withthe Division of Motor Carrier Services of the department. The statement shallbe in such form and contain such information as the division requires, declaringthe total mileage operated by such vehicles in all jurisdictions and in thisstate during the preceding year and describing and identifying each such apportionablevehicle to be operated in this state during the ensuing license year. Uponreceipt of such statement and application, the division shall determine thetotal fee payment, which shall be equal to the amount of fees due pursuantto section 60-3,203 and the amount obtained by applying the formula providedin section 60-3,204 to a fee of thirty-two dollars per ton based upon grossvehicle weight of the empty weights of a truck or truck-tractor and the emptyweights of any trailer or combination thereof with which it is to be operatedin combination at any one time plus the weight of the maximum load to be carriedthereon at any one time, and shall notify the applicant of the amount of paymentrequired to be made. Mileage operated in noncontracting reciprocity jurisdictionsby apportionable vehicles based in Nebraska shall be applied to the portionof the formula for determining the Nebraska injurisdiction fleet distance.Temporary authority which permits the operation of a fleet or an additionto a fleet in this state while the application is being processed may be issuedupon application to the division if necessary to complete processing of theapplication.Upon completion of such processing and receipt of the appropriate fees,the division shall issue to the applicant a sufficient number of distinctiveregistration certificates which provide a list of the jurisdictions in whichthe apportionable vehicle has been apportioned, the weight for which registered,and such other evidence of registration for display on the apportionable vehicleas the division determines appropriate for each of the apportionable vehiclesof his or her fleet, identifying it as a part of an interjurisdiction fleetproportionately registered. All fees received as provided in this sectionshall be remitted to the State Treasurer for credit to the Motor Carrier ServicesDivision Distributive Fund.The apportionable vehicles so registered shall be exempt from all furtherregistration and license fees under the Motor Vehicle Registration Act formovement or operation in the State of Nebraska except as provided in section 60-3,203. The proportional registration and licensing provision of this sectionshall apply to apportionable vehicles added to such fleets and operated inthis state during the license year except with regard to permanent licenseplates issued under section 60-3,203.The right of applicants to proportional registration under this sectionshall be subject to the terms and conditions of any reciprocity agreement,contract, or consent made by the division.When a nonresident fleet owner has registered his or her apportionablevehicles, his or her apportionable vehicles shall be considered as fully registeredfor both interjurisdiction and intrajurisdiction commerce when the jurisdictionof base registration for such fleet accords the same consideration for fleetswith a base registration in Nebraska. Each apportionable vehicle of a fleetregistered by a resident of Nebraska shall be considered as fully registeredfor both interjurisdiction and intrajurisdiction commerce.(2) Mileage proportions for interjurisdiction fleets not operated inthis state during the preceding year shall be determined by the division uponthe application of the applicant on forms to be supplied by the division whichshall show the operations of the preceding year in other jurisdictions andestimated operations in Nebraska or, if no operations were conducted the previousyear, a full statement of the proposed method of operation.(3) Any owner complying with and being granted proportional registrationshall preserve the records on which the application is made for a period ofthree years following the current registration year. Upon request of the division,the owner shall make such records available to the division at its officefor audit as to accuracy of computation and payments or pay the costs of anaudit at the home office of the owner by a duly appointed representative ofthe division if the office where the records are maintained is not withinthe State of Nebraska. The division may enter into agreements with agenciesof other jurisdictions administering motor vehicle registration laws for jointaudits of any such owner. All payments received to cover the costs of an auditshall be remitted by the division to the State Treasurer for credit to theMotor Carrier Division Cash Fund. No deficiency shall be assessed and no claimfor credit shall be allowed for any license registration year for which recordson which the application was made are no longer required to be maintained.(4) If the division claims that a greater amount of fee is due underthis section than was paid, the division shall notify the owner of the additionalamount claimed to be due. The owner may accept such claim and pay the amountdue, or he or she may dispute the claim and submit to the division any informationwhich he or she may have in support of his or her position. If the disputecannot otherwise be resolved within the division, the owner may petition foran appeal of the matter. The director shall appoint a hearing officer whoshall hear the dispute and issue a written decision. Any appeal shall be inaccordance with the Administrative Procedure Act. Upon expiration of the timefor perfecting an appeal if no appeal is taken or upon final judicial determinationif an appeal is taken, the division shall deny the owner the right to furtherregistration for a fleet license until the amount finally determined to bedue, together with any costs assessed against the owner, has been paid.(5) Every applicant who licenses any apportionable vehicles under thissection and section 60-3,203 shall have his or her registration certificatesissued only after all fees under such sections are paid and, if applicable,proof has been furnished of payment, in the form prescribed by the directoras directed by the United States Secretary of the Treasury, of the federalheavy vehicle use tax imposed by 26 U.S.C. 4481 of the Internal Revenue Codeas defined in section 49-801.01.(6)(a) In the event ofthe transfer of ownership of any registered apportionable vehicle, (b) inthe case of loss of possession because of fire, theft, or wrecking, junking,or dismantling of any registered apportionable vehicle, (c) when a salvagebranded certificate of title is issued for any registered apportionable vehicle,(d) whenever a type or class of registered apportioned vehicle is subsequentlydeclared by legislative act or court decision to be illegal or ineligibleto be operated or towed on the public roads and no longer subject to registrationfees and taxes, (e) upon trade-in or surrender of a registered apportionablevehicle under a lease, or (f) in case of a change in the situs of a registeredapportionable vehicle to a location outside of this state, its registrationshall expire, except that if the registered owner or lessee applies to thedivision after such transfer or loss of possession and accompanies the applicationwith a fee of one dollar and fifty cents, he or she may have any remainingcredit of vehicle fees and taxes from the previously registered apportionablevehicle applied toward payment of any vehicle fees and taxes due and owingon another registered apportionable vehicle. If such registered apportionablevehicle has a greater gross vehicle weight than that of the previously registeredapportionable vehicle, the registered owner or lessee of the registered apportionablevehicle shall additionally pay only the registration fee for the increasedgross vehicle weight for the remaining months of the registration year basedon the factors determined by the division in the original fleet application.(7) Whenever a Nebraska-based fleet owner files an application withthe division to delete a registered apportionable vehicle from a fleet ofregistered apportionable vehicles (a) becauseof a transfer of ownership of the registered apportionable vehicle,(b) because of loss of possession due to fire, theft, or wrecking, junking,or dismantling of the registered apportionable vehicle, (c) because a salvagebranded certificate of title is issued for the registered apportionable vehicle,(d) because a type or class of registered apportioned vehicle is subsequentlydeclared by legislative act or court decision to be illegal or ineligibleto be operated or towed on the public roads and no longer subject to registrationfees and taxes, (e) because of a trade-in or surrender of the registered apportionablevehicle under a lease, or (f) because of a change in the situs of the registeredapportionable vehicle to a location outside of this state, theregistered owner may, by returning the registration certificate or certificatesand such other evidence of registration used by the division or, if such certificateor certificates or such other evidence of registration is unavailable, thenby making an affidavit to the division of such transfer or loss, receive arefund of that portion of the unused registration fee based upon the numberof unexpired months remaining in the registration year from the date of transferor loss. No refund shall be allowed for any fees paid under section 60-3,203.When such apportionable vehicle is transferred or lost within the same monthas acquired, no refund shall be allowed for such month. Such refund may bein the form of a credit against any registration fees that have been incurredor are, at the time of the refund, being incurred by the registered apportionablevehicle owner. The Nebraska-based fleet owner shall make a claim for a refundunder this subsection within the registration period or shall be deemed tohave forfeited his or her right to the refund.(8) Whenever a Nebraska-based fleet owner files an application withthe division to delete a registered apportionable vehicle from a fleet ofregistered apportionable vehicles because the apportionable vehicle is disabledand has been removed from service, the registered owner may, by returningthe registration certificate or certificates and such other evidence of registrationused by the division or, in the case of the unavailability of such certificateor certificates or such other evidence of registration, then by making anaffidavit to the division of such disablement and removal from service, receivea credit for that portion of the unused registration fee deposited in theHighway Trust Fund based upon the number of unexpired months remaining inthe registration year. No credit shall be allowed for any fees paid undersection 60-3,203. When such apportionable vehicle is removed from servicewithin the same month in which it was registered, no credit shall be allowedfor such month. Such credit may be applied against registration fees for newor replacement vehicles incurred within one year after cancellation of registrationof the apportionable vehicle for which the credit was allowed. When any suchapportionable vehicle is reregistered within the same registration year inwhich its registration has been canceled, the fee shall be that portion ofthe registration fee provided to be deposited in the Highway Trust Fund forthe remainder of the registration year. The Nebraska-based fleet owner shallmake a claim for a credit under this subsection within the registration periodor shall be deemed to have forfeited his or her right to the credit.(9) In case of addition to the registered fleet during the registrationyear, the owner engaged in operating the fleet shall pay the proportionateregistration fee from the date the vehicle was placed into service or, ifthe vehicle was previously registered outside of Nebraska, the date the priorregistration expired or the date Nebraska became the base jurisdiction forthe fleet, whichever is first, for the remaining balance of the registrationyear. The fee for any permanent license plate issued for such addition pursuantto section 60-3,203 shall be the full fee required by such section, regardlessof the number of months remaining in the license year.(10) In lieu of registration under subsections (1) through (9) of thissection, the title holder of record may apply to the division for specialregistration, to be known as an unladen-weight registration, for any commercialmotor vehicle or combination of vehicles. Such registration shall be validonly for a period of thirty days and shall give no authority to operate thevehicle except when empty. The fee for such registration shall be twenty dollarsfor each vehicle, which fee shall be remitted to the State Treasurer for creditto the Highway Trust Fund. The issuance of such permits shall be governedby section 60-3,179.(11) Any person may, in lieu of registration under subsections (1) through(9) of this section or for other jurisdictions as approved by the director,purchase a trip permit for any nonresident truck, truck-tractor, bus, or truckor truck-tractor combination. Such permit shall be valid for a period of seventy-twohours. The fee for such permit shall be twenty-five dollars for each truck,truck-tractor, bus, or truck or truck-tractor combination. Such permit shallbe available at weighing stations operated by the carrier enforcement divisionand at various vendor stations as determined appropriate by the carrier enforcementdivision. The carrier enforcement division shall act as an agent for the Divisionof Motor Carrier Services in collecting such fees and shall remit all suchfees collected to the State Treasurer for credit to the Highway Cash Fund.Trip permits shall be obtained at the first available location whether thatis a weighing station or a vendor station. The vendor stations shall be entitledto collect and retain an additional fee of ten percent of the fee collectedpursuant to this subsection as reimbursement for the clerical work of issuingthe permits. SourceLaws 2005, LB 274, § 198; Laws 2008, LB756, § 15; Laws 2009, LB331, § 5. Cross ReferencesAdministrative Procedure Act, see section 84-920. AnnotationsThe grant by the Director of Motor Vehicles of a proportional registration is a ministerial task which may be compelled by a writ of mandamus. State ex rel. Hilt Truck Line v. Peterson, 215 Neb. 81, 337 N.W.2d 133 (1983).By merely filing application that included name and address of lessors in Nebraska, pursuant to this section, truck lessee did not dual register truck for purpose of determining highway use excise tax liability under 26 U.S.C. section 4481(b). Morgan Drive Away, Inc. v. United States, 697 F.2d 1377 (Fed. Cir. 1983).