75-363 Federal motor carrier safety regulations; provisions adopted; exceptions. - Nebraska Statutes

75-363. Federal motor carrier safety regulations;provisions adopted; exceptions.(1) The parts, subparts,and sections of Title 49 of the Code of Federal Regulations listed below,as modified in this section, or any other parts, subparts, and sections referredto by such parts, subparts, and sections, in existence and effective as ofJanuary 1, 2010, are adopted as Nebraskalaw.(2) Except as otherwise provided in this section, the regulations shallbe applicable to:(a) All motor carriers, drivers, and vehicles to which the federal regulationsapply; and(b) All motor carriers transporting persons or property in intrastatecommerce to include:(i) All vehicles of such motor carriers with a gross vehicle weightrating, gross combination weight rating, gross vehicle weight, or gross combinationweight over ten thousand pounds;(ii) All vehicles of such motor carriers designed or used to transportmore than eight passengers, including the driver, for compensation, or designedor used to transport more than fifteen passengers, including the driver, andnot used to transport passengers for compensation;(iii) All vehicles of such motor carriers transporting hazardous materialsrequired to be placarded pursuant to section 75-364; and(iv) All drivers of such motor carriers if the drivers are operatinga commercial motor vehicle as defined in section 60-465 which requires a commercialdriver's license.(3) The Legislature hereby adopts, as modified in this section, thefollowing parts of Title 49 of the Code of Federal Regulations:(a) Part 382 - Controlled Substances And Alcohol Use And Testing;(b) Part 385 - Safety Fitness Procedures;(c) Part 386 - Rules Of Practice For Motor Carrier, Broker, FreightForwarder, And Hazardous Materials Proceedings;(d) Part 387 - Minimum Levels of Financial Responsibility for MotorCarriers;(e) Part 390 - Federal Motor Carrier Safety Regulations; General;(f) Part 391 - Qualifications Of Drivers And Longer Combination Vehicle(LCV) Driver Instructors;(g) Part 392 - Driving Of Commercial Motor Vehicles;(h) Part 393 - Parts And Accessories Necessary For Safe Operation;(i) Part 395 - Hours Of Service Of Drivers;(j) Part 396 - Inspection, Repair, And Maintenance;(k) Part 397 - Transportation Of Hazardous Materials; Driving And ParkingRules; and(l) Part 398 - Transportation Of Migrant Workers.(4) The provisions of subpart E - Physical Qualifications And Examinationsof 49 C.F.R. part 391 - Qualifications Of Drivers And Longer Combination Vehicle(LCV) Driver Instructors shall not apply to any driver subject to this sectionwho: (a) Operates a commercial motor vehicle exclusively in intrastate commerce;and (b) holds, or has held, a commercial driver's license issued by this stateprior to July 30, 1996.(5) The regulations adopted in subsection (3) of this section shallnot apply to farm trucks registered pursuant to section 60-3,146 with a grossweight of sixteen tons or less. The following partsand sections of 49 C.F.R. chapter III shall not apply to drivers of farm trucksregistered pursuant to section 60-3,146 and operated solely in intrastatecommerce:(a) All of part 391;(b) Section 395.8 of part 395; and(c) Section 396.11 of part 396.(6) Part 393 - PartsAnd Accessories Necessary For Safe Operation and Part 396 - Inspection, Repair,And Maintenance shall not apply to fertilizer and agricultural chemical applicationand distribution equipment transported in units with a capacity of three thousandfive hundred gallons or less.(7) Forpurposes of this section, intrastate motor carriers shall not include anymotor carrier or driver excepted from 49 C.F.R. chapter III by section 390.3(f)of part 390 or any nonprofit entity, operating solely in intrastate commerce,organized for the purpose of furnishing electric service.(8)(a) Part 395 - Hours OfService Of Drivers shall apply to motor carriers and drivers who engage inintrastate commerce as defined in section 75-362, except that no motor carrierwho engages in intrastate commerce shall permit or require any driver usedby it to drive nor shall any driver drive:(i) More than twelve hoursfollowing eight consecutive hours off duty; or(ii) For any period afterhaving been on duty sixteen hours following eight consecutive hours off duty.(b) No motorcarrier who engages in intrastate commerce shall permit or require a driverof a commercial motor vehicle, regardless of the number of motor carriersusing the driver's services, to drive, nor shall any driver of a commercialmotor vehicle drive, for any period after:(i) Having been on duty seventy hours in any seven consecutive daysif the employing motor carrier does not operate every day of the week; or(ii) Having been on duty eighty hours in any period of eight consecutivedays if the employing motor carrier operates motor vehicles every day of theweek.(9) Part 395 - Hours Of ServiceOf Drivers, as adopted in subsections (3) and (8) ofthis section, shall not apply to drivers transporting agricultural commoditiesor farm supplies for agricultural purposes when the transportation of suchcommodities or supplies occurs within a one-hundred-air-mile radius of thesource of the commodities or the distribution point for the supplies whensuch transportation occurs during the period beginning on February 15 up toand including December 15 of each calendar year.(10) 49 C.F.R. 390.21 - MarkingOf Commercial Motor Vehicles shall not apply to farm trucks and farm truck-tractorsregistered pursuant to section 60-3,146 and operated solely in intrastatecommerce.(11) 49 C.F.R. 392.9a - OperatingAuthority shall not apply to Nebraska motor carriers operating commercialmotor vehicles solely in intrastate commerce.(12) No motor carrier shallpermit or require a driver of a commercial motor vehicle to violate, and nodriver of a commercial motor vehicle shall violate, any out-of-service order. SourceLaws 1986, LB 301, § 1; Laws 1987, LB 224, § 23; Laws 1988, LB 884, § 1; Laws 1989, LB 285, § 140; Laws 1990, LB 980, § 29; Laws 1991, LB 854, § 3; Laws 1993, LB 410, § 1; Laws 1994, LB 1061, § 5; Laws 1995, LB 461, § 1; Laws 1996, LB 938, § 4; Laws 1997, LB 722, § 1; Laws 1998, LB 1056, § 8; Laws 1999, LB 161, § 1; Laws 1999, LB 704, § 49; Laws 2000, LB 1361, § 11; Laws 2001, LB 375, § 1; Laws 2002, LB 499, § 5; Laws 2003, LB 480, § 2; Laws 2004, LB 878, § 1; Laws 2005, LB 83, § 1; Laws 2005, LB 274, § 271; Laws 2006, LB 1007, § 13; Laws 2007, LB239, § 8; Laws 2008, LB756, § 28; Laws 2008, LB845, § 1; Laws 2009, LB48, § 1; Laws 2009, LB331, § 15; Laws 2010, LB725, § 3; Laws 2010, LB805, § 13.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB725, section 3, with LB805, section 13, to reflect all amendments. Cross ReferencesViolation of section, penalty, see section 75-367.