(1) It is the policy of the Legislature to comply with the laws of the United States, to promote uniformity of regulation, to prevent motor vehicle accidents, deaths, and injuries, to protect the public safety, to reduce redundant regulation, to promote financial responsibility on the part of all motor carriers operating in and through the state, and to foster the development, coordination, and preservation of a safe, sound, adequate, and productive motor carrier system which is vital to the economy of the state.
(2) It is the policy of the Legislature to (a) regulate transportation by motor carriers of passengers and household goods in intrastate commerce upon the public highways of Nebraska in such manner as to recognize and preserve the inherent advantages of and foster sound economic conditions in such transportation and among such carriers, in the public interest, (b) authorize upon the public highways of Nebraska the transportation in intrastate commerce of (i) household goods by motor carriers under licenses issued pursuant to section 75-304.03 and (ii) employees of railroad carriers engaged in interstate commerce to or from their work locations under licenses issued pursuant to section 75-304.04, (c) promote adequate economical and efficient service by motor carriers and reasonable charges therefor without unjust discrimination, undue preferences or advantages, and unfair or destructive competitive practices, (d) improve the relations between and coordinate transportation by and regulation of such motor carriers and other carriers, (e) develop and preserve a highway transportation system properly adapted to the needs of the commerce of Nebraska, (f) cooperate with the several states and the duly authorized officials thereof, and (g) cooperate with the United States Government in the administration and enforcement of the unified carrier registration plan and agreement.
The commission, the Division of Motor Carrier Services, and the carrier enforcement division shall enforce all provisions of section 75-126 and Chapter 75, article 3, so as to promote, encourage, and ensure a safe, dependable, responsive, and adequate transportation system for the public as a whole.
Notes of Decisions
Cited in
31
cases (
1 in the last 5 years), 1946–2025 · leading case:
Cruz v. Lopez, 301 Neb. 531 (Neb. 2018).
Cruz v. Lopez, 301 Neb. 531 (Neb. 2018).
· cites it 2× “43 Neb. Rev. Stat. § 75-301 (1) (Reissue 2009).”
Crusader Coach Lines, Inc. v. Greyhound Lines, Inc., 327 N.W.2d 98 (Neb. 1982).
· cites it 2× “However, in actuality, it does nothing more than to conclude that by granting the authority it would endanger or impair the operations of existing carriers, contrary to the public interest.”
Wells Fargo Armored Serv. Corp. v. Bankers Dispatch Corp., 182 N.W.2d 648 (Neb. 1971).
· cites it 6× “ermit shall be issued to any qualified applicant therefor, authorizing in whole or in part the operations covered by the application, if it appears after notice and hearing from the application or from any hearing held thereon that the applicant is fit, willing, and able…”
Nebraskaland Leasing & Assocs. v. Borley Moving & Storage, Inc., 578 N.W.2d 28 (Neb. 1998).
· cites it 5× “In challenging the denial to the Nebraska Court of Appeals, Nebraskaland (1) questioned the constitutional validity of the regulatory scheme imposed by Neb. Rev. Stat. §§ 75-301 through 75-322 (Reissue 1990 & Supp.”
Nebraska State Ry. Comm'n v. Seward Motor Freight, Inc., 196 N.W.2d 200 (Neb. 1972).
· cites it 7× “" Section 75-301, R.R.S.1943, provides: "It is hereby declared to be the policy of the Legislature to (1) regulate transportation by motor carriers in intrastate commerce upon the public highways of Nebraska in such manner as to recognize and preserve the inherent advantages of,…”
Samardick of Grand Island-Hastings, Inc. v. B.D.C. Corp., 159 N.W.2d 310 (Neb. 1968).
“It must show that it is fit, willing, and able to perform the service in compliance with the rules and regulations of the commission and that the proposed operation is consistent with the public interest and the, legislative policy expressed in sections 75-301 and 75-311, R. R.…”
O. E. Poulson, Inc. v. Hargleroad Van & Storage Co., 159 N.W.2d 302 (Neb. 1968).
· cites it 12× “In each of its previous orders, the commission found that Poulson was: "* * * fit, willing and able properly to perform the service proposed and to conform to the provisions of Sections 75-301 to 75-347, R.R.S., 1943, and the requirements, rules and regulations thereunder.”
Ready Mix, Inc. v. Nebraska Railroads of W. Trunk Lines Comm., 150 N.W.2d 275 (Neb. 1967).
““necessary” has been shaped by the policy of the Legislature “to' (1) regulate * * * motor carriers * :|! * in such manner as to recognize and preserve the inherent advantages of * * * such transportation * * * in the public interest; (2) promote * * * service by *701 motor…”
Dilts Trucking, Inc. v. Peake, Inc., 249 N.W.2d 732 (Neb. 1977).
“or the issuance of a certificate like that applied for in this case: “A certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found after notice and hearing that the applicant is…”
A Touch of Class Limousine, Inc. v. Old Mkt. Limousine Serv., Inc., 497 N.W.2d 71 (Neb. 1993).
“permit shall be issued to any qualified applicant therefor, authorizing in whole or in part the operations covered by the application, if it appears after notice and hearing from the application or from any hearing held thereon that the applicant is fit, willing, and able…”
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