Nebraska Revised Statute 75-301
Motor carriers; regulation; legislative policy.
(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.
1. Public interest factors
1. Public interest factors
Denial of an application for authority to provide charter service in Nebraska because such a grant would endanger or impair operations of existing carriers, contrary to the public interest, found to be appropriate. In re Application of Crusader Coach Lines, 213 Neb. 53, 327 N.W.2d 98 (1982).
Where there is evidence to sustain the factors for and against the issuance of a permit to a contract carrier, required to be considered by the Nebraska State Railway Commission, the determination of the public interest is for the commission and not the courts. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).
Purpose of Nebraska Motor Carrier Act was not to stifle legitimate competition but to permit it where public convenience and necessity requires. Petroleum Transport Service, Inc. v. Wheeler Transport Service, Inc., 188 Neb. 400, 197 N.W.2d 8 (1972).
A permit which at best would merely allow one carrier to gain a competitive advantage over another in performing substantially the same service will not be granted. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 186 Neb. 261, 182 N.W.2d 648 (1971).
Meaning of word necessary has been shaped by policy of act. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
The primary consideration of Public Service Commission control is benefit to the public rather than to the individual. Ruan Transp. Corp. v. Herman Bros., Inc., 192 Neb. 343, 220 N.W.2d 245 (1974); Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).
The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).
A litigant may not request a certificate of public convenience and necessity and in the same action and at the same time challenge the constitutionality of sections 75-301 through 75-322. In re Application of Nebraskaland Leasing & Assocs., 254 Neb. 583, 578 N.W.2d 28 (1998).
Commission had right to adopt rule prohibiting tacking of certain authorities and regulating tacking of other authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
Purpose of Nebraska Motor Carrier Act stated. Poulson v. Hargleroad Van & Storage Co., 183 Neb. 201, 159 N.W.2d 302 (1968).