Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 14 - RULES AND REGULATIONS GOVERNING HARDSHIP EXEMPTIONS FOR THE RELEASE OF IMMOBILIZED MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTION 60-6,197.01
Section 247-14-004 - RELEASE FROM IMMOBILIZATION

Universal Citation: 247 NE Admin Rules and Regs ch 14 § 004

Current through March 20, 2024

The court shall release from immobilization any immobilized motor vehicle to a bona fide lienholder, towing and storage lienholder, or co-owner under the following conditions:

004.01 Bona Fide Lienholder. Upon application to the court by a holder of a bona fide lien, the court shall release the motor vehicle if the lien was executed and noted on the motor vehicle's Certificate of Title prior to the immobilization and possession of the motor vehicle is necessary by the lienholder for purposes of foreclosing and satisfying such lien.

004.02 Towing and Storage Lienholder. Upon application to the county by the holder of a towing and storage lien for towing and storage charges, the court shall release the motor vehicle if the motor vehicle was towed at the direction of a peace officer or the court.

004.03 Co-owner. Upon presentation to the court of an Affidavit of Undue Hardship Requesting Exemption from Motor Vehicle Immobilization, Attachment 1 and incorporated herein by reference, the court shall release the motor vehicle to a co-owner. The affidavit must set forth the following qualifications:

004.03a Employment. The co-owner must state in the affidavit that he or she is employed; and

004.03b Undue Hardship for Co-owner or Co-owner's Dependents. The co-owner must state in the affidavit that the immobilized motor vehicle is necessary for the employment of the co-owner and the failure to release the motor vehicle will cause undue hardship to the co-owner or dependents; and

004.03c Unauthorized Use. The co-owner must state in the affidavit that he or she will not authorize the use of the motor vehicle by a person known by the co-owner to have been an offender and the co-owner will immediately report to a local law enforcement agency any unauthorized use of the motor vehicle by any offender.

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