Section 291-3-010 - PROVISIONS APPLICABLE TO TRANSPORTATION OF PASSENGERSThe following provisions will be applicable to the transportation of passengers as designated within this section.
010.01PROVISIONS APPLICABLE TO ALL CLASSIFICATIONS OF PASSENGER TRANSPORTATION: In addition to the other applicable Motor Carrier rules in this chapter, the following provisions will be applicable to all classifications of service for the transportation of passengers: 010.01AVEHICLE TITLE: All vehicles will be owned by, and registered in, the name of the certificate holder, except that the certificate holder may engage in equipment leasing as provided by these rules.010.01B If a person applies for carriage and is willing and able to tender the fare, each operator will convey such person to the person's destination unless: 010.01B1 The passenger is in such condition of uncleanliness that carriage in the vehicle would be a violation of any law.010.01B2 The behavior of the passenger is such that the person poses a safety risk to the operator, other passengers, or the vehicle is in danger of being damaged010.01B3 The point of origin or destination or immediate approach is impassable or dangerous.010.01C In addition to complying with the minimum qualifications for driving a motor vehicle subject to Commission jurisdiction, all operators will: 010.01C1 Be competent to conduct the applicable transportation service safely and courteously.010.01C2 Not smoke inside the vehicle.010.01C3 Shall be within the ages of twenty-one (21) and seventy (70) except that the Commission may waive the maximum age limit for an operator who is over seventy (70) if the carrier desiring to employ the operator can show that the operator is insurable, has no medical or other disability which prevents him or her from safely operating the vehicle and has a satisfactory driving record. Any such waiver will be in writing and renewed annually. Any application for waiver or renewal will be accompanied by a medical certificate required by rule 005.02.010.01D Each carrier will retain articles left in vehicles by passengers for not less than thirty (30) days. Upon request from any passenger, the carrier will make a reasonable search for any article believed to have been left in a vehicle. 010.01ETRIP LOG: All carriers will maintain a trip log which contains the information prescribed in this section. Such log will be completed following the delivery of the passenger to his or her destination and signed by the driver. The Commission may, upon application and written approval, allow for electronic filing and storing of the information required in this section provided that all of the information herein prescribed is included except that the full name of the driver may be filed in place of the signature. All records required by this section will be retained by the carrier for a period of two (2) years from the date of the transportation of the passenger. 010.01E1 The name of the individual engaging or hiring the vehicle and his or her address.010.01E2 The address of the point where the passenger was picked up and the point of destination and the times they occurred.010.01E3 The amount charged and collected.010.01FRECEIPT: Upon demand of any passenger, a receipt for services will be given at the time of payment. Such receipt will contain the name of the company, the name of the operator, the vehicle fleet number, the total amount paid, and the date of payment.010.01GCOMPLAINTS: Every vehicle will have a notice posted, clearly legible and visible from the passenger compartment, which reads: "DIRECT COMPLAINTS REGARDING THE OPERATION OF THIS VEHICLE TO:
The Nebraska Public Service Commission
300 The Atrium, 1200 N Street
Lincoln, Nebraska 68508
1-800-526-0017 (Nebraska)
1-402-471-3101 (Lincoln)"
010.02PROVISIONS APPLICABLE ONLY TO THOSE CARRIERS PROVIDING TAXICAB SERVICE: The following provisions apply only to those carriers who are authorized to provide taxicab service: 010.02A If a person applies for carriage and is willing and able to tender the fare, the operator will convey such person to his or her destination subject to rule 010.01B or unless the vehicle is already engaged.010.02B Operators may solicit passengers only at taxicab stands established by the city, while seated in the driver's seat, or while standing beside the vehicle. Passengers will not be solicited by outcries or hawking.010.02C Carriers will comply with all applicable municipal ordinances relating to the qualification of taxicab operators which are not in conflict with these rules.010.02D The number of passengers carried by a vehicle will not exceed seven persons, including the driver, or the rated capacity of such vehicle as prescribed by the maker of the vehicle, whichever is smaller. Except for transportation provided under contract with the Nebraska Department of Health and Human Services, whenever any vehicle is occupied by a passenger or passengers, the operator will not permit any other person to occupy the vehicle except with the consent of the first passenger or passengers. Passengers will be informed of this provision by a card, posted inside the vehicle, stating the schedule of rates and charges for the vicinity in which the vehicle is operated and in the following form: "FOR YOUR PROTECTION:
You, as the first passenger in this taxicab, are the one to decide who will ride with you. Unless it is at your request or with your consent, this cab driver is prohibited by law from accepting additional passengers. Schedule of rates authorized for taxicabs operating in (Name of Town) is (Copy from commission order setting rates for that vicinity).
(Name of Company)"
010.02D1 Service will not be denied to the first passenger or passengers due to refusal to grant consent to transport additional passengers on the trip.010.02D2 If several individuals that have boarded a taxicab at one location choose to be transported to a single common destination, the driver of the taxicab will charge the party at rates approved by the Commission as if the passengers are all members of the same party.010.02E Each vehicle will be operated over the most direct route from point of passenger pickup to the point of destination of passengers.010.02F Each carrier will have its full or trade name and assigned application number permanently placed on each side of the vehicle in letters at least two inches (2") high. The word "taxicab" will also appear conspicuously on the sides of the vehicle unless the word "cab", "taxi" or "taxicab" is included within the name of the carrier. The fleet number of each vehicle will be displayed in figures not less than two inches (2") high in the forward part of the passenger compartment and also on the sides and rear of each vehicle. None of the markings described in this rule will be placed on any glass or on the bumper of the vehicle.010.02G Each vehicle will be equipped with: 010.02G1 A dome light within the passenger compartment of the vehicle capable of being turned on or off by passengers, or controlled by operation of the doors.010.02G2 An identity light attached to the top of the vehicle. The light will be in one unit consisting of an illuminated plate or cylinder upon which is printed the word "taxicab", "taxi", "cab", "for hire", or the owner's trade name. The size of such light will not exceed eight inches (8") in height nor twenty-three inches (23") in length. Loaded or bug lights may be attached to the upper portion of a vehicle. If used, such lights will be smaller than the identity light and will be illuminated when the vehicle is engaged.010.02H A carrier which operates in municipalities of fifteen thousand (15,000) persons or more, as determined by the official U.S. Census, or between municipalities not more than five (5) miles apart, whose aggregate population exceeds fifteen thousand (15,000) persons, will equip its vehicles with a taximeter or a taxi soft meter. The Commission may, at any time, require any carrier operating in any community of less than fifteen thousand (15,000) persons to equip its vehicles with a taximeter or a taxi soft meter. Taximeters and taxi soft meters are subject to the following specifications: 010.02H1 No taximeter will be operated without first having been inspected, tested, approved and sealed by the Commission or a duly authorized representative of the taxicab company.010.02H2 Each meter will be sealed during the time the vehicle is in the service of the taxicab carrier 010.02H2(a) Taximeters will be sealed with either a wire and lead seal bearing the letters "NPSC," or, at the discretion of the Commission representative, with a sticker bearing the letters "NPSC." This seal will be affixed only by a person duly authorized by the Commission.010.02H2(a) Taxi soft meters will be physically secured in each vehicle and password protected that enable only an authorized representative of the company to program the taxi soft meter remotely. Taxi drivers may not have access to or program taxi soft meters. Taxi soft meters will be considered sealed upon written approval from the Commission.010.02H3 Commission approved rates will be programmed into each taxi soft meter. 010.02H3(a) Programmed rates may only be changed by an authorized representative of the company who has central password protected access to program rates for all taxi soft meters in the fleet.010.02H3(b) Hardware and Software provisions must be in place that prevent a taxi driver from changing the programmed rates or modifying how the taxi soft meter works.010.02H3(c) Each company will have access to, and provide to the Commission upon request, a change log that provides a persistent audit trail or rates that are charged and historical rate changes that have been made identifying the person(s) who made them.010.02H3(d) Any Hardware or Software changes and/or upgrades must not affect the way programmed rates are calculated. If the calculation of programmed rates is affected, the company must have the taxi soft meter reevaluated according to 010.02H1.010.02H4 taxi soft meters must provide passengers with a generated receipt pursuant to rule 010.01F.010.02H5 Taximeters will be mounted and connected to the transmission or speedometer in an approved manner. Taxi soft meters shall be mounted or affixed to the vehicle interior to the right of the driver, and physically secured in the vehicle by hardware. Where mounted on the dashboard of a vehicle, the meter will be located so as not to obstruct the view of the operator or cause undue hazard to passengers. All taximeters and taxi soft meters will be placed so that the dial or faceplate showing the amount charged is well lighted and readily visible to passengers riding in the vehicle.010.02H6 Periodic tests of meters will be made by the Commission. A meter with an error in registration not exceeding three percent (3%) of the distance covered by each meter drop will be considered correct and accurate. Otherwise, the requirements for approval of, and methods for, testing the taximeters will conform to specifications established by the National Bureau of Standards.010.02H7 After a meter has been tested, approved and sealed, a different tire size will not be affixed to the vehicle without re-testing the meter.010.02I Each vehicle will be equipped with a device visible to the public from the outside of the vehicle which indicates whether it is in service or for hire and a device visible to a passenger inside which indicates whether the taximeter is in position to record a fare.010.02J Each operator will be identified by a card, displayed in full view of the passengers, bearing the name and photograph of the operator and the taxicab carrier's address.010.02K No vehicle will be equipped with shades, curtains, or window-tinting which shields the occupants or the operator from observation.010.03PROVISIONS THAT APPLY TO THE TRANSPORTATION CONTRACTORS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND LIKE AGENCIES: A contractor of the Nebraska Department of Health and Human Services, hereinafter, the Department, or any of the agencies contracting with the Department, or for any agency organized under the Nebraska Community Aging Services Act, who is not certificated or permitted by the Commission providing transportation for the Department or such agencies will certify on a form provided by the Commission that the provider meets the minimum operator standards, insurance requirements and equipment standards prescribed by the Commission in these rules. 010.03ADRIVER REQUIREMENTS: A Department transportation provider must certify that: 010.03A1 The person is the individual who will personally drive the vehicle in question.010.03A2 The person is at least nineteen (19) years of age or an emancipated minor.010.03A3 The person possesses a current operator's permit issued by any state.010.03A4 The person has knowledge of Nebraska state and local traffic rules and the rules of the road.010.03A5 The person has no more than three (3) points assigned against their driver's license.010.03A6 The person will not smoke in the vehicle.010.03A7 The person is competent to conduct the service carefully and dependably.010.03A8 The person does not use illegal drugs.010.03A9 The person is not aware of any mental or physical limitation which would impose a threat to the health or well-being of the passengers.010.03BINSURANCE: A Department provider must maintain the minimum automobile liability insurance coverage as required by these rules and state law.010.03CEQUIPMENT STANDARDS: A Department transportation provider must certify that: 010.03C1 The person has current and valid plates and registration.010.03C2 The person will ensure that each vehicle will, at all times, be kept in proper physical and mechanical condition including, but not limited to, operable seat belts, turn signals, lights and horn, child passenger restraint devices as required by law, and comfortable temperature and ventilation conditions. 010.03DSELF-CERTIFICATION: All such self-certification filings will be made with the Commission and filed for record and be available for p140ublic inspection during the regular business hours of the Commission. Such filings will be continuous in nature unless canceled by the Department. 010.03E The Commission will, upon application of any certificated motor carrier or the Department, hear any dispute between the same with regard to the contested ability of the motor carrier to provide a specific service in a given case. The parties may agree to an informal conference between the carrier, the Department, and the Commission to facilitate a mutually agreeable resolution. If the parties cannot come to an agreement, either party may file a formal complaint with the Commission in a manner provided for in the rules of Commission procedure.291 Neb. Admin. Code, ch. 3, § 010
Amended effective 1/16/2019Amended effective 5/12/2021Amended effective 9/24/2022