Important Notice from the Nebraska Public Service Commission

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How to Apply for Authority

Interested in operating as a common or contract carrier to transport passengers or household goods in Nebraska?

Step 1: Complete the application and return with the filing fee.

Applicants must complete an application form to begin the process. The application must contain the name, business and mailing address address, telephone number and email address of the motor carrier applying for authority.

Part I: Applicants must complete Part I if seeking new authority or extending an existing authority. You must indicate whether you are seeking to operate as a common or contract carrier (if a contract carrier, must indicate for who). You must also indicate whether you will be transporting passengers or household goods. If transporting passengers, you must choose a service classification- limousine, taxicab, open class, special party or charter bus. You can also indicate whether you are restricting your services to a particular type of vehicle. The application must state where you will provide transportation services. The application must also indicate whether you are seeking to provide transportation services for railroad train crews or clients that are eligible for Non-Emergency Medical Transportation (NEMT) through a provider agreement with the Nebraska Department of Health and Human Services. NEMT services require an additional application form to be completed and filed with the main application for authority. Finally, Part I requires the names of individuals, corporations, associations, or partnerships (other than yourself) that would agree to testify in support of your application.

Part II: Applicants must complete Part II if seeking to change an existing authority. Applicants must indicate whether the change to the existing operation is due to sale or transfer of stock ownership, change in partnership, consolidation, merger, transfer, lease, name change, or other. You must provide the name of the authority holder and certificate/permit number for which a change is proposed.

Part III: All Applicants must complete Part III by indicating the appropriate filing fee and whether that payment is with the application form, will be mailed separately, or has been made electronically by credit card or eCheck through the Nebraska PayPort system. You must also indicate what documents are attached to the application: copy of contract (if seeking contract authority); copy of Articles of Incorporation, Organization, or Partnership; purchase agreement (if a transfer of authority); lease agreement; and Certificate of Trade Name (if seeking a name change). Applicants must also complete the financial statement section, or submit a separate document listing assets and liabilities.

Filing fees are as follows: $300.00 for new authority, $200.00 for extension/change of authority, $200.00 for transfer of authority, and $125.00 for name change.

Once a signed application is received with all fees, supporting documents, and the fingerprint-based background check report conducted by the Nebraska State Patrol, the Commission will publish the application in The Daily Record, Omaha, to begin the 30-day protest period. You are not authorized to conduct operations during this time.

Step 2: The Application Process- What to Expect

The length of the application process depends upon whether the application is protested. Once a complete application is filed, the Commission publishes notice of the application. Within 30 days of published notice, interested persons or competing carriers may file a protest to the application.

If the application is not protested, the application process can take between 45-60 days as long as all final requirements are completed in a timely manner.

If the application is protested, the application process can take several months to allow for discovery, a scheduled hearing, transcript preparation, and to issue a written order with the Commission decision.

Step 3: Protested Applications- What to Expect

If the application has been protested, Commission staff will reach out to you to schedule a planning conference to discuss possible hearing dates, discovery, and other procedural matters. Hearings must be scheduled at least six months from the application date.

Nebraska statutes and case law requires that a new applicant prove that it is fit and able to provide the proposed service and that the proposed service is required by public convenience and necessity. At a minimum, applicants bring witnesses who can testify to the applicant's abilities and to whether the proposed service is a needed service which is not being adequately provided by the carriers already serving the proposed territory. It is strongly suggested that applicants familiarize themselves with the basic requirements of proof found at Neb. Rev. Stat. § 75-311.

Applicants do not need to be represented by an attorney, but the Commission recommends that applicants retain one if the application has been protested. The applicant has the burden of proof at the hearing, meaning you have the responsibility to demonstrate why your application should be granted. You may appear at the hearing on your own behalf. Applicants who make appearances on behalf of a corporation, company or partnership without an attorney can make a statement on behalf of such entity but cannot cross-examine witnesses or ask questions of any other person.

Finally, it is strongly encouraged that you speak with the protesting carriers during the application process to try to reach a settlement. Many times, differences can be settled and a hearing avoided. If a settlement has been reached, you should inform the Commission as soon as possible.

Step 4: Application Approval- Final Steps

Once your application has been approved, there are final steps that must be completed in order to receive final authority to operate:

Passenger Carriers

1. Rates: All passenger carriers must file an application to have its proposed rates approved by the Commission. The filing fee is $100. A new rate application must be filed and approved at any time that a change is proposed for a carrier's approved rates.
2. Insurance: All passenger carriers must have their insurance company file a Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance Form E with the Commission. Insurance policies must comply with the insurance liability requirements set forth in Commission rules.
3. Vehicle Registration and Plates: All vehicles that carriers plan to use in the course of their intrastate business within the state must be registered with the Commission for the applicable fee as set forth in Neb. Rev. Stat. § 75-305. Such fees and vehicle registrations shall be paid to the Commission every year.

Household Goods Movers

1. Rates and Tariffs. All movers must secure a copy of the Official Household Goods Tariff No. 7-F and Official Intra-City Household Goods Tariff No. 22 from Truck Services, Inc., 1701 K Street, Lincoln, Nebraska, 68508, (402) 476-7671. Tariff fees are $90.00 per tariff annually, payable to Truck Services. You must notify our office of your subscription upon completion. You must also notify the Commission of your Tariff 22 hourly rate to be used in any moves pursuant to that tariff.
2. Insurance. All movers must have their insurance company file a Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance Form E and Uniform Motor Carrier Cargo Certificate of Insurance Form H with the Commission. Insurance policies must comply with the insurance amounts set forth in Commission rules.
3. Vehicle Registration and Plates.All vehicles that carriers plan to use in the course of their intrastate business within the state must be registered with the Commission for the applicable fee as set forth in Neb. Rev. Stat. § 75-305. Such fees and vehicle registrations shall be paid to the Commission every year.

 

Have Any Questions?

If you need additional information or still have questions, please contact the Transportation Department at (402) 471-3101 or (800) 526-0017 (within Nebraska only).

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