251 Neb. Admin. Code, ch. 4, § 007

Current through September 17, 2024
Section 251-4-007 - LOST, STOLEN OR DESTROYED PLATES

No motor carrier or registrant shall file a false affidavit that plates and/or credentials have been lost, stolen or destroyed upon deletion of an active vehicle from a fleet if such plates and/or credentials have not been lost, stolen or destroyed.

007.01Duty to Return the Permanent Plate.

The registrant or motor carrier deleting an active motor vehicle shall be responsible for the return of the permanent plate to the Division.

007.02Misuse of a Permanent Plate.

If it comes to the attention of the Director from a law enforcement officer or Department auditor that any person, registrant, or motor carrier has misused or is misusing a permanent plate/s issued to a vehicle which has been deleted, the Director shall:

007.02ANotice. Send written notice to the person, registrant or motor carrier that he or she has been brought to the Director's attention for misuse of a permanent plate. The written notice shall be a bill to the person, registrant or motor carrier for the registration fees due for the deleted vehicle for the registration year. The notice shall be sent to the address of the person, registrant or motor carrier as it appears in the records of the Division and to any other address provided by the law enforcement officer or auditor.
007.02BCalculation of Fee. The registration fee shall be calculated from the date of deletion to the end of the registration year.
007.03Failure to Respond to Written Notice.

If the carrier does not respond to the notice and does not provide a suitable explanation of the alleged misuse or has not paid the registration fees requested in the notice within sixty (60) days of the date of the written notice, the Director shall revoke the registration of any or all active vehicles registered to the person, registrant or motor carrier. Such revocation shall continue until:

007.03A The plate has been returned to the Department or the Department has received suitable evidence that the plate has been destroyed; and
007.03B The registration fees due have been paid in full.
007.04Reinstatement upon Proof of Compliance.

At any point in time, if in the judgment of the Director, the person, registrant, or motor carrier has provided suitable evidence of compliance with the laws for registration of apportioned vehicles, the Director may reinstate the revoked person, registrant, or motor carrier without delay.

007.05Audit.

Any registrant or motor carrier who has been revoked shall still be subject to audit pursuant to the International Registration Plan and the International Fuel Tax Agreement.

007.06Misuse of a Permanent Plate.

Misuse of a permanent plate shall include placing a permanent plate on a vehicle other than the vehicle for which the plate was issued or operating a vehicle on the highways of this state or any IRP member jurisdiction after the active vehicle has been deleted, and not reregistered.

007.07Report to the Director.

A law enforcement officer or Department auditor who becomes aware of possible misuse of a permanent plate shall report the allegation to the Director on a form developed by the Department. Upon receipt of a report of alleged misuse of a permanent plate, the Director shall send notice as required in 007.02. The report shall include the number of the plate, a brief description of the circumstances of the suspected misuse. The report form is Attachment II of these rules and regulations.

251 Neb. Admin. Code, ch. 4, § 007