Nebraska Revised Statutes

Neb. Rev. Stat. § 75-302 (2026)

Terms, defined

✓ current as of July 2026

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For purposes of sections 75-301 to 75-343 and in all rules and regulations adopted and promulgated by the commission pursuant to such sections, unless the context otherwise requires:

(1) Attended services means an attendant or caregiver accompanying a minor or a person who has a physical, mental, or developmental disability and is unable to travel or wait without assistance or supervision;

(2) Carrier enforcement division means the carrier enforcement division of the Nebraska State Patrol or the Nebraska State Patrol;

(3) Certificate means a certificate of public convenience and necessity issued under Chapter 75, article 3, to common carriers by motor vehicle;

(4) Civil penalty means any monetary penalty assessed by the commission or carrier enforcement division due to a violation of Chapter 75, article 3, or section 75-126 as such section applies to any person or carrier specified in Chapter 75, article 3; any term, condition, or limitation of any certificate or permit issued pursuant to Chapter 75, article 3; or any rule, regulation, or order of the commission, the Division of Motor Carrier Services, or the carrier enforcement division issued pursuant to Chapter 75, article 3;

(5) Commission means the Public Service Commission;

(6) Common carrier means any person who or which undertakes to transport passengers for the general public in intrastate commerce by motor vehicle for hire, whether over regular or irregular routes, upon the highways of this state. Common carrier does not include:

(a) A motor carrier operating under a license issued pursuant to section 75-304.03; and

(b) A motor carrier that is engaged in intrastate medicaid nonemergency medical transportation services under a license that was issued pursuant to section 75-311;

(7) Contract carrier means any motor carrier that transports passengers for hire other than as a common carrier designed to meet the distinct needs of each individual customer or a specifically designated class of customers without any limitation as to the number of customers it can serve within the class. Contract carrier does not include:

(a) A motor carrier operating under a license issued pursuant to section 75-304.04; and

(b) A motor carrier that is engaged in intrastate medicaid nonemergency medical transportation services under a license that was issued pursuant to section 75-311;

(8) Division of Motor Carrier Services means the Division of Motor Carrier Services of the Department of Motor Vehicles;

(9) Highway means the roads, highways, streets, and ways in this state;

(10) Household goods means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property as the commission may provide by regulation if the transportation of such effects or property, is:

(a) Arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with the intent to use in his or her dwelling; or

(b) Arranged and paid for by another party;

(11) Intrastate commerce means commerce between any place in this state and any other place in this state and not in part through any other state;

(12) License means a license issued to:

(a) A motor carrier engaged in the for-hire, intrastate transportation of household goods under section 75-304.03;

(b) A motor carrier engaged in the for-hire, intrastate transportation of employees of a railroad carrier engaged in interstate commerce to or from their work locations under section 75-304.04; or

(c) A motor carrier, or person, engaged in the for-hire intrastate transportation of individuals, including contractors and agents of the Department of Health and Human Services, for the purpose of providing intrastate medicaid nonemergency medical transportation services under a license that was issued pursuant to section 75-311;

(13) Licensed care transportation services means transportation provided by an entity licensed by the Department of Health and Human Services as a residential child-caring agency as defined in section 71-1926 or child-placing agency as defined in section 71-1926 or a child care facility licensed under the Child Care Licensing Act to a client of the entity or facility when the person providing transportation services also assists and supervises the passenger or, if the client is a minor, to a family member of a minor when it is necessary for agency or facility staff to accompany or facilitate the transportation in order to provide necessary services and support to the minor. Licensed care transportation services must be incidental to and in furtherance of the social services provided by the entity or facility to the transported client;

(14) Motor carrier means any person other than a regulated motor carrier who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport passengers or property over any public highway in this state;

(15) Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails;

(16) Permit means a permit issued under Chapter 75, article 3, to contract carriers by motor vehicle;

(17) Person means any individual, firm, partnership, limited liability company, corporation, company, association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof;

(18) Private carrier means any motor carrier which owns, controls, manages, operates, or causes to be operated a motor vehicle to transport passengers or property to or from its facility, plant, or place of business or to deliver to purchasers its products, supplies, or raw materials (a) when such transportation is within the scope of and furthers a primary business of the carrier other than transportation and (b) when not for hire. Nothing in sections 75-301 to 75-322 shall apply to private carriers;

(19) Regulated motor carrier means any person who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport passengers, other than those excepted under section 75-303, over any public highway in this state. Regulated motor carrier does not include:

(a) A motor carrier operating under a license issued pursuant to section 75-304.03;

(b) A motor carrier operating under a license issued pursuant to section 75-304.04; and

(c) A motor carrier that is engaged in intrastate medicaid nonemergency medical transportation services under a license that was issued pursuant to section 75-311;

(20) Residential care means care for a minor or a person who is physically, mentally, or developmentally disabled who resides in a residential home or facility regulated by the Department of Health and Human Services, including, but not limited to, a foster home, treatment facility, residential child-caring agency, or shelter;

(21) Residential care transportation services means transportation services to persons in residential care when such residential care transportation services and residential care are provided as part of a services contract with the Department of Health and Human Services or pursuant to a subcontract entered into incident to a services contract with the department;

(22) Supported transportation services means transportation services to a minor or for a person who is physically, mentally, or developmentally disabled when the person providing transportation services also assists and supervises the passenger or transportation services to a family member of a minor when it is necessary for provider staff to accompany or facilitate the transportation in order to provide necessary services and support to the minor. Supported transportation services must be provided as part of a services contract with the Department of Health and Human Services or pursuant to a subcontract entered into incident to a services contract with the department, and the driver must meet department requirements for (a) training or experience working with minors or persons who are physically, mentally, or developmentally disabled, (b) training with regard to the specific needs of the client served, (c) reporting to the department, and (d) age. Assisting and supervising the passenger shall not necessarily require the person providing transportation services to stay with the passenger after the transportation services have been provided; and

(23) Transportation network company has the definition found in section 75-323. A transportation network company shall not own, control, operate, or manage drivers' personal vehicles.

Notes of Decisions

Cited in 9 cases, 1960–2005 · leading case: Caspers Constr. Co. v. Nebraska State Patrol, 700 N.W.2d 587 (Neb. 2005).

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Caspers Constr. Co. v. Nebraska State Patrol, 700 N.W.2d 587 (Neb. 2005). · cites it 3× “” However, Neb. Rev. Stat. § 75-302 (11) (Reissue 2003) defines “intrastate commerce” as “commerce between any place in this state and any other place in this state and not in part through any other state.”

Russell v. State, 531 N.W.2d 212 (Neb. 1995). · cites it 2× “” Neb. Rev. Stat. § 75-302 (8) (Reissue 1990).”

City of Scottsbluff v. United Tel. Co. of the West, 106 N.W.2d 12 (Neb. 1960). · cites it 3× “1943, specifically provides in part that: “When any * * * person in his own behalf or in behalf of any class of persons similarly situated, * * * or any body politic or municipal organization, shall make complaint to the State Railway Commission that any rate or rates fixed by…”

United Mineral Prods. Co. v. Nebraska Railroads of W. Trunk Lines Comm., 131 N.W.2d 388 (Neb. 1964). · cites it 7× “Section 75-302, R. R. S. 1943, contained the following: “The State Railway Commission shall fix a schedule and classification of rates and charges except joint rates hereinafter provided for, for the transportation of freight, passengers, and cars over any railway or by any…”

A Touch of Class Limousine, Inc. v. Old Mkt. Limousine Serv., Inc., 497 N.W.2d 71 (Neb. 1993). · cites it 2× “04 and the lawful requirements, rules, and regulations of the commission thereunder and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest by providing services designed to meet the distinct needs of each individual…”

Northland Transp., Inc. v. Herman Bros., 479 N.W.2d 764 (Neb. 1992). · cites it 2× “2d 195 (1972) (Wells Fargo II), citing Neb. Rev. Stat. § 75-302 (Reissue 1972). To qualify for a contract carrier permit, an applicant must show (1) that it is fit, willing, and able to properly perform the service of a contract carrier and to conform to the applicable statutes…”

Livestock Carriers Div. of the Motor Carriers Ass'n v. Midwest Packers Traffic Ass'n, 213 N.W.2d 443 (Neb. 1973). · cites it 4× “01 shall apply to the transportation of passengers or property by motor carriers for hire engaged in intrastate commerce except: * * * "(5) To ranch, dairy, or farm products, including livestock, being transported by motor vehicle from or to any ranch, dairy, farm, feedlot or…”

Wells Fargo Armored Serv. Corp. of Nebraska, Inc. v. Bankers Dispatch Corp., 198 N.W.2d 195 (Neb. 1972). “§ 75-302, R. R. S. 1943. In other words, the commission is required to weigh the special needs of shippers desiring contract carrier service against the adequacy of existing common carrier service.”

BIJK Enter., Inc. v. Yellow Cab Co., 424 N.W.2d 356 (Neb. 1988). · cites it 2× “01 and the lawful requirements, rules and regulations of the commission thereunder, and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest by providing services designed to meet the distinct needs of each individual…”

— Neb. Rev. Stat. § 75-302(12) — 1 case

Caspers Constr. Co. v. Nebraska State Patrol, 700 N.W.2d 587 (Neb. 2005). “” However, Neb. Rev. Stat. § 75-302 (11) (Reissue 2003) defines “intrastate commerce” as “commerce between any place in this state and any other place in this state and not in part through any other state.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.