Cassel, J.
Karry R. Neisius appeals from his conviction and sentence, upon stipulated facts, for driving a commercial motor vehicle without obtaining a commercial driver's license (CDL). The issue is whether the
Neisius' employer provided custom hay grinding services. Its customers were farmers in the region surrounding its principal place of business in Beemer, Nebraska. Neisius was a hay grinder operator. His duties included transporting the hay grinder and its power unit between jobsites and back to one of his employer's offices located in Wakefield, Nebraska.
The hay grinder used by Neisius was designed to operate with a power unit. The parties stipulated as follows:
The trial record does not illuminate the precise nature of the State's dispute regarding the "characterization" of the power unit. According to a brochure in evidence, the hay grinder is built upon a semitrailer truck. Based on a photograph of the power unit and hay grinder in the record, it appears that the hay grinder/semitrailer truck is connected to a tractor unit. The unit could also be described in common parlance as a truck-tractor or semitractor.
In September 2013, law enforcement stopped Neisius as he was driving the power unit and hay grinder to Wakefield. Neisius possessed a valid Class O driver's license, but he did not have a CDL or an LPC-learner's permit. Law enforcement issued Neisius a citation for driving a commercial motor vehicle without obtaining a CDL.
The State filed a complaint in the county court for Dixon County charging Neisius with operating a commercial motor vehicle without obtaining a CDL in violation of Neb. Rev. Stat. § 60-4,141(1)(a) (Reissue 2010). Neisius pled not guilty, and the parties tried the matter to the bench on stipulated facts.
The county court found Neisius guilty. The court concluded that the subject vehicle was a commercial motor vehicle defined within the Act. The court reasoned that the vehicle was used in commerce to transport passengers or property — Neisius as an employee of the vehicle's owner and the hay grinder which was owned by Neisius' employer — and that the power unit combined with the hay grinder had a "total weight combination" of 63,100 pounds. The county court imposed a $100 fine and ordered Neisius to pay costs of $49.
Neisius appealed to the district court. He alleged that the evidence was insufficient to support the conviction and that the conviction was contrary to law. The district court affirmed the conviction and sentence.
Upon Neisius' further appeal, we moved the case to our docket.
Neisius alleges that the district court erred in affirming the county court's decision for three reasons. But all three are
Both the district court and a higher appellate court generally review appeals from the county court for error appearing on the record.
The meaning and interpretation of a statute are questions of law. An appellate court independently reviews questions of law decided by a lower court.
The central issue is whether Neisius needed a CDL in order to lawfully drive the power unit and hay grinder. His Class O driver's license authorized him to "operate on highways any motor vehicle except a commercial motor vehicle or motorcycle."
One of Neisius' principal arguments relies upon the existence of various definitions of "motor vehicle" in chapter 60 of the Nebraska Revised Statutes, governing "Motor Vehicles." He urges that these definitions be "reviewed as a collection of statutes."
It is certainly true that differing definitions of "motor vehicle" are employed within chapter 60. Several define a motor vehicle as a vehicle "propelled by any power other than muscular power"
As Neisius points out, two statutes exclude a power unit and hay grinder from the definition of a motor vehicle. Statutes within the Motor Vehicle Certificate of Title Act
But Neisius was charged under the Act, and its definition of "[m]otor vehicle"
Both the power unit and hay grinder are motor vehicles under this definition. Each constitutes a vehicle as a "device in, upon, or by which any person or property is or may be transported or drawn upon a highway."
Neisius argues that we must view collectively all of the definitions of a motor vehicle contained in chapter 60. He cites a case stating that under principles of statutory construction, the components of a series or collection of statutes pertaining to a certain subject matter may be conjunctively considered and construed to determine the intent of the Legislature so that different provisions of an act are consistent, harmonious, and sensible.
This argument, however, ignores the statutory mandate that "[f]or purposes of the ... Act, the definitions found in sections 60-463.01 to 60-478 shall be used."
Moreover, to do as Neisius suggests would violate the command of each act. In each instance, the Legislature has prescribed the definitions to be used. The Motor Vehicle Certificate of Title Act contains a statute mandating that specified
Just as § 60-463 requires us to use the Act's definition of "motor vehicle," it also mandates that we use the Act's definition of "commercial motor vehicle."
This disputed language defines "[c]ommercial motor vehicle" to mean a "motor vehicle or combination of motor vehicles used in commerce to transport passengers or property" if it meets any one of four characteristics regarding weight, design, or use.
To fit within the definition of a commercial motor vehicle, the power unit and hay grinder — a combination of motor vehicles — must be "used in commerce to transport passengers or property."
We assume, without deciding, that the county court erred in characterizing Neisius as a "passenger" in the power unit and hay grinder combination. The county court stated that the vehicle was used to transport Neisius as a passenger. However, Neisius contends that he was the driver and not a passenger. The Act does not define "passenger." It could be argued that the statutory definition of "[c]ommercial motor vehicle" includes a driver as a passenger by language encompassing vehicles "designed to transport sixteen or more passengers, including the driver."
Regardless of whether the combination was "used in commerce" to "transport passengers," it clearly was "used in commerce" to "transport ... property."
Neisius does not contest that the combination of the power unit and hay grinder otherwise falls within the definition of a commercial motor vehicle. Indeed, the parties stipulated regarding the weights of the components. And Neisius does not assert that any of the exclusions of § 60-465(2) applies.
Although Neisius assigned that the evidence was insufficient to support his conviction, this argument depended upon his statutory arguments. Because they fail, his sufficiency argument also lacks merit.
Before concluding, we address Neisius' argument that interpreting the power unit and hay grinder to be a commercial motor vehicle "does nothing to further the stated purpose of the ... Act."
Neisius argues that requiring the operator of a power unit and hay grinder to obtain a CDL does not further the intent of the act "to prevent identity theft and streamline the process of credentialing drivers."
But Neisius overlooks the stated purposes of the section under which he was charged. Aside from implementing requirements mandated by federal laws and regulations, the purposes of certain statutes, including § 60-4,141, are "to reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by: (1) Permitting drivers to hold only one operator's license; (2) disqualifying drivers for specified offenses and serious traffic violations; and (3) strengthening licensing and testing standards."
The contested requirement furthers the legislative purpose. A combination of vehicles with a gross vehicle weight rating in excess of 63,000 pounds certainly poses a greater risk of harm in the event of an accident. Requiring the operator of such a vehicle to pass the necessary testing in
If the Legislature believes that a power unit and hay grinder combination does not pose the type of risk it was intending to prevent and that excluding the combination from the CDL requirement would not violate the conditions for federal funding it desires to obtain, it could amend the Act's definition of "motor vehicle"
We conclude that the power unit and hay grinder operated by Neisius was a commercial motor vehicle under the Act. Because Neisius did not possess a CDL, his conviction for operating a commercial motor vehicle without obtaining a CDL conforms to the law and is supported by competent evidence. We affirm the judgment of the district court, which affirmed Neisius' conviction and sentence.
AFFIRMED.