75-369.03. Violations; civil penalty; referral to federal agency or Public Service Commission; when.
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/ne/chapter-75/75-369-03A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Superintendent of Law Enforcement and Public Safety may issue an order imposing a civil penalty against a motor carrier transporting persons or property in interstate commerce for a violation of sections 75-392 to 75-3,100 or against a motor carrier transporting persons or property in intrastate commerce for a violation or violations of section 75-363 or 75-364 based upon an inspection conducted pursuant to section 75-366 in an amount which shall not exceed one thousand twenty-eight dollars for any single violation in any proceeding or series of related proceedings against any person or motor carrier as defined in 49 C.F.R. 390.5 as adopted in section 75-363 .
(2)The superintendent shall issue an order imposing a civil penalty in an amount not to exceed twenty thousand five hundred thirty-seven dollars against a motor carrier transporting persons or property in interstate commerce for a violation of subdivision (2)(e) of section 60-4,162 based upon a conviction of such a violation.
(3)The superintendent shall issue an order imposing a civil penalty against a driver operating a commercial motor vehicle, as defined in section 60-465 , that requires a commercial driver's license or CLP-commercial learner's permit, in violation of an out-of-service order. The civil penalty shall be in an amount not less than three thousand nine hundred sixty-one dollars for a first violation and not less than seven thousand nine hundred twenty-four dollars for a second or subsequent violation.
(4)The superintendent shall issue an order imposing a civil penalty against a motor carrier who knowingly allows, requires, permits, or authorizes the operation of a commercial motor vehicle, as defined in section 60-465 , that requires a commercial driver's license or CLP-commercial learner's permit, in violation of an out-of-service order. The civil penalty shall be not less than seven thousand one hundred fifty-five dollars but not more than thirty-nine thousand six hundred fifteen dollars per violation.
(5)Upon the discovery of any violation by a motor carrier transporting persons or property in interstate commerce of section 75-307 , 75-363 , or 75-364 or sections 75-392 to 75-3,100 based upon an inspection conducted pursuant to section 75-366 , the superintendent shall immediately refer such violation to the appropriate federal agency for disposition, and upon the discovery of any violation by a motor carrier transporting persons or property in intrastate commerce of section 75-307 based upon such inspection, the superintendent shall refer such violation to the Public Service Commission for disposition.
An "interstate motor carrier" within the meaning of this section is a carrier subject to federal jurisdiction pursuant to the federal motor carrier safety regulations, as delimited by 49 U.S.C. 13501 et seq., and an "intrastate motor carrier" is a carrier not subject to that federal jurisdiction. Caspers Constr. Co. v. Nebraska State Patrol, 270 Neb. 205, 700 N.W.2d 587 (2005).