URGENT LEGISLATIVE ALERT

Anti-Hobbyist Abandoned Vehicle Bill Introduced in Nebraska



Legislation (L.B. 688) that would expand the definition of “abandoned motor vehicle” to include vehicles that were left unattended for more than six hours on private property without valid plates, title or permit and also include vehicles that are inoperable, partially dismantled, wrecked, junked, or discarded. Currently, a vehicle is not considered to be abandoned on private property until it is left unattended for more than seven days. Motor vehicles are defined as abandoned for the purpose of allowing state and local authorities to remove them from private property.



We Urge You to Contact Members of the Nebraska Legislature’s Transportation and Telecommunications Committee (List Attached Below) Immediately to Request Their Opposition to L.B. 688


· L.B. 688 would outlaw the opportunity to repair or modify certain motor vehicles that are undergoing restoration.



· L.B. 688 would outlaw the maintenance of parts cars for motor vehicles undergoing restoration.



· L.B. 688 provides no reasonable safeguards for legitimate automotive hobbyists that choose to work on inoperable collector vehicles on private property.



· L.B. 688 establishes no provisions that would enable vehicles located out of public view to avoid being classified as abandoned.



DON’T DELAY! Please contact members of the Nebraska Transportation and Telecommunications Committee immediately to request their opposition to L.B. 688.





Nebraska Transportation and Telecommunications Committee




Senator Deb Fischer - Chairperson

Phone: 402/471-2628

Email: dfischer@leg.ne.gov



Senator Kathy Campbell

Phone: 402/471-2731

Email: kcampbell@leg.ne.gov



Senator Tim Gay

Phone: 402/471-2730

Email: tgay@leg.ne.gov



Senator Galen Hadley

Phone: 402/471-2726

Email: ghadley@leg.ne.gov



Senator Charlie Janssen

Phone: 402/471-2625

Email: cjanssen@leg.ne.gov



Senator Scott Lautenbaugh

Phone: 402/471-2618

Email: slautenbaugh@leg.ne.gov



Senator LeRoy Louden

Phone: 402/471-2725

Email: llouden@leg.ne.gov



Senator Arnie Stuthman

Phone: 402/471-2715

Email: astuthman@leg.ne.gov



Please e-mail a copy of your letters to Steve McDonald at stevem@sema.org

 

ya, i got this email from u today, Chris. do u think something like this would pass? it sounds kinda intimidating, but i wonder if it would just be one of those laws that would never get enforced...or on the other side of the fence, another one of those laws to help clean up "eyesores" that tyrannical township leaders can use to make people clean up their properties... i know here in Platte Center we have problems w/ our (****) mayor running people out of town b/c they have a junk car sitting in the back yard...i don't want people like this to get more ammo!

 

and another thing, if the car is out of public view, how will the law ever find it so it can be deemed "abandoned"?

......idiot lawmakers.......

 

I'm going to do some research into this. If this is what I think it is, time to contact ALL the Nebraska car clubs and get this killed. Thanks for the heads up Chris!

 

I am legal counsel for the Transportation & Telecommunications Committee, the legislative committee that held a public hearing for LB 688. During the introduction of the bill, Senator Wightman stated that the 6 hour provision was a mistake and was meant to read 30 days. Senator Wightman offered an amendment to the committee to correct this error. During Senator Wightman's testimony, he indicated the bill was introduced at the request of Gothenburg city officials who have had trouble disposing of abandoned motor vehicles and boats in and around the city.

The committee has not taken any action on the bill to date, but if it so chooses to, the error will be reflected in the committee amendment.

The 30 days is consistent with current Nebraska law. Section 60-362 expressly states that no motor vehicle shall be operated or parked on the highways of this state unless the motor vehicle is registered. There shall be a rebuttable presumption that any motor vehicle stored and kept more than 30 days in the state is being operated or parked on the highways of this state. If you have a question whether your vehicle needs to be titled or registered and at what point in time, I would suggest calling the Nebraska DMV.

Dusty Vaughan
Legal Counsel, Transportation & Telecomm Comm.

 

From what I've read above, is this a true statement: "Currently, a vehicle is not considered to be abandoned on private property until it is left unattended for more than seven days. " ?

I know the concern with the guys here, is the removal of vehicles being stored on private property for future restoration (as I had until last year when I began work on it). And how would this bill affect salvage yards, where we get parts for these vehicles? I have a few yards that are invaluable for parts.

 

Salvage yards have a permit to Salvage I believe. This bill will be affecting the guy you find on Craigslist, Racingjunk, this website, etc. who is parting out there old truck and then taking the rest to the junk yard when everything usefull is sold.

· L.B. 688 would outlaw the opportunity to repair or modify certain motor vehicles that are undergoing restoration.

So this is saying no more restoring vehciles personally, we have to pay a professional to do it or what?

· L.B. 688 would outlaw the maintenance of parts cars for motor vehicles undergoing restoration.

Were just supposed to go to O-reilly's and expect them to have a grille for a 32 Ford?

· L.B. 688 provides no reasonable safeguards for legitimate automotive hobbyists that choose to work on inoperable collector vehicles on private property.

It's "private property", maybe I have a thing against ppl who restore tractors (I don't), are they still allowed to restore there inoperable John Deere A?

· L.B. 688 establishes no provisions that would enable vehicles located out of public view to avoid being classified as abandoned.

Yes, it's technically abandoned/non-drivable if it's a parts vehicle, but you own it. Taxes have been payed on the vehicle it's whole running life, now the parts are going towards another vehicle the state will get to tax when finished.

I can see cities having ordinances of ppl having a bunch of rusty cars up on blocks in the yard, but it's you property and if you build a fence around it, fine, out of site and out of mind. Now why should this apply to the whole state including ppl in the country, if I have 4 old parts trucks sitting in the trees and no one knows they are there except for the farmer around me when he plants, sprays and combines is it hurting anyone? Does it hurt anyone for the old farmer who has old farm machinery and a few old cars and trucks out back in his pasture he uses for parts?

This law is outlawing parts vehicles and fixing up/restoring old cars/trucks in public veiw if I'm understanding it somewhat correctly? Were not stripping in public, just stripping vehicles in public.

 

Well, then quite frankly, this is a bunch of crap. That would be ridiculous to pass something like that!

 

My response to our state senators in an email I sent today:

Senators,

I have received some information about lb 688, that if true, I would find very disturbing. I happen to be a motor vehicle enthusiast. Specifically, I restore cars and trucks for my own pleasure. If I read LB688 correctly, the following would be true:

• L.B. 688 would outlaw the opportunity to repair or modify certain motor vehicles that are undergoing restoration.

So this is saying no more restoring vehicles personally, we have to pay a professional to do it? And what “certain” vehicles would this pertain to? What are the stipulations?

• L.B. 688 would outlaw the maintenance of parts cars for motor vehicles undergoing restoration.

This would seriously, SERIOUSLY hamper vehicle restorations. Parts for the vehicles I restore are not always available through automotive parts stores, or the aftermarket.

• L.B. 688 provides no reasonable safeguards for legitimate automotive hobbyists that choose to work on inoperable collector vehicles on private property.

• L.B. 688 establishes no provisions that would enable vehicles located out of public view to avoid being classified as abandoned.

If the information stated above is correct, this would seriously hamper enthusiast like myself to take these vehicles, and restore them to their original condition. I cannot understand the reasoning behind such measures. If this is being passed due to a local issue in a city/town in our state, why can this not be handled as a local matter. I feel that the far reaching aspects of this legislation are unnecessary, and would only hurt those of us who enjoy this hobby.

Your response on this would be greatly appreciated.

Sincerely,
Pat Wilhelm
Elkhorn, NE

 

Attached below is the current statutory definition of what is considered an "abandoned vehicle". As you can see in subdivision (d), for private property, a vehicle must be left unattended for more than seven days without permission of the owner, or after permission has terminated. Theoretically, this provision only covers abandoned vehicles on another person's private property. However, you also need to pay attention to subdivision (f) as well, which allows a municipality to adopt an ordinance with regard to abandoned vehicles. This is the method which allows a city to remove abandoned vehicles from a person's own property.

I think Senator Wightman would argue that LB 688 requires at least 30 days for an abandoned vehicle city ordinance to be valid, since there is no such current statutory provision. The committee is currently working with Senator Wightman's office to see if any additional language is needed to cover hobby cars and junkyards.
<link media="screen" href="/css/style.css" type="text/css" rel="StyleSheet"><link media="print" href="/css/style.css" type="text/css" rel="StyleSheet"><link media="print" href="/css/law_print.css" type="text/css" rel="StyleSheet">


60-1901. Abandoned vehicle, defined.
(1) A motor vehicle is an abandoned vehicle:
(a) If left unattended, with no license plates or valid In Transit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, for more than six hours on any public property;
(b) If left unattended for more than twenty-four hours on any public property, except a portion thereof on which parking is legally permitted;
(c) If left unattended for more than forty-eight hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
(d) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
(e) If left for more than thirty days in the custody of a law enforcement agency after the agency has sent a letter to the last-registered owner under section 60-1903.01; or
(f) If removed from private property by a municipality pursuant to a municipal ordinance.
(2) An all-terrain vehicle or minibike is an abandoned vehicle:
(a) If left unattended for more than twenty-four hours on any public property, except a portion thereof on which parking is legally permitted;
(b) If left unattended for more than forty-eight hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
(c) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
(d) If left for more than thirty days in the custody of a law enforcement agency after the agency has sent a letter to the last-registered owner under section 60-1903.01; or
(e) If removed from private property by a municipality pursuant to a municipal ordinance.
(3) For purposes of this section:
(a) Public property means any public right-of-way, street, highway, alley, or park or other state, county, or municipally owned property; and
(b) Private property means any privately owned property which is not included within the definition of public property.
(4) No motor vehicle subject to forfeiture under section 28-431 shall be an abandoned vehicle under this section.
Source

• Laws 1971, LB 295, § 1;
• Laws 1999, LB 90, § 1;
• Laws 2004, LB 560, § 41;
• Laws 2005, LB 274, § 263;
• Laws 2009, LB60, § 1. Effective Date: August 30, 2009

<!-- ilyb:sb -->

 

Is there a site to go to, to be able to read this proposed legislation in full?

 

If removed from private property by a municipality pursuant to a municipal ordinance.

So that's still stating a "City" ordinance. Which I'm sure most people are familiar w/ what there's local city's (if they live in one) stands are on "junk" vehicles.

Why is this new bill being pushed through on the whole state? If one town has a problem then deal with it, don't make the rest of us who followed our towns rules go to some new extreme. I'm sure the 6 hour/7 day/30 day issue is the least of most of our worries right now, it's the general part of "inoperable" and "hobby" vehicles that was included. If anyone is restoring a car right, it sure couldn't happen in 37 days and 6 hours if you threw all the time together, most "concerned" neighbors can expect some mystery going on in the garge with odd looking pieces of metal laying around the garge door and peaking out of snow drifts w/ a possiable 1 or 2 donor cars somewhat taken apart on the property from anywhere from 3 months to 3 years or even longer in some cases. I don't think people understand it's not like reading the intructions for your kid's lego set to make sure it looks like the picture. If car restorations came in a box w/ instructions, everyone would be puttin them together, but it takes a special kind of person to be that multi talented and have the $60K it would prolly cost for the "kit". The rest of us spend our time hunting down a "lego box" with half the pieces and a few extra ones we don't need (if you will) for a fraction of the price, then search the internet, local farm auctions, car auctions, etc. for the "rest of the set" and whatta you know, they come nicely packed in a box (car or truck), but when the kid dumps the box all over the living room floor to put it together, well it makes a mess...... now do it without the instructions and see how long it takes you. Oh and then when you just about think you have it right you realize your little brother ate some of the pieces and you didn't have everything you needed in the first place, so the project must stay on hold until you track those down.

 

I'm reading this thing now Chris. Here is one of my concerns, Page 4, section d, lines 12-20. I tried to copy it, but the pdf won't let me.
Here is what it states:

"If left unattended for more than six hours on private property with no license plates or no valid intransit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, with no certificate of title issued pursuant to the Motor Vehicle Certificate of Title Act, or the State Boat Act, or with no permit issued pursuant to sections 60-1801 to 60-1808, or if inoperable, partially dismantled, wrecked, junked, or discarded. This subdivision does not apply to all operable all terrain vehicles or mini-bikes."

This is one of parts I'm concerned with.

 

"inoperable, partially dismantled, wrecked, junked, or discarded"

Exactly, weather you have recepit, have a bill of sale, title, etc, in any condition, if it's not lisenced then it doesn't belong there?

If a person owns a drag car or pulling truck is that considered an All Terrian vehicle or do those get towed away to? If not, then I raise the point agian of it takes parts and time to put things together like drag cars and pulling trucks.

 

My 67 is completely disassembled, it has no tags on it, no in transit. Would that be considered abandoned under this revision???