New Nebraska Law Removes Restrictions And Allows Larger Fifth Wheels To Be Sold In The State

On April 18, 2022, Nebraska Governor Pete Ricketts signed into law legislation proposed by the RV Industry Association to allow larger fifth-wheel trailer plans to be approved by the Nebraska Public Service Commission, allowing those units to be sold by Nebraska RV dealers. Final approval of the measure was given by the Nebraska Legislature on April 12 in a unanimous vote of 46-0.

To create a clear distinction between manufactured housing, which is regulated by the U.S. Department of Housing and Urban Development (HUD), and RVs, which should not be regulated by HUD, the RV Industry Association many years ago adopted a program requirement for their manufacturers which imposed a restriction of no more than 430 square feet in the set-up mode for fifth-wheel trailers. Nebraska mirrored this square footage limitation in Nebraska Code Section 71-4603 (7).

This square footage limitation became unnecessary in late 2018, when HUD removed their square footage requirement in their updated definition of RVs. Under the new HUD definition, RVs are defined as structures not certified as manufactured homes, designed only for recreational use and not as a primary residence or for permanent occupancy; and built and certified in accordance with the NFPA 1192 RV Standard. Nebraska also uses NFPA 1192 in its code regulation and plan approval process for travel trailers and fifth-wheel trailers.

As a result of the new HUD RV definition, the RV Industry Association Board of Directors removed the 430 square-foot limitation program requirement to allow RV manufacturers to build fifth-wheel trailers that could be larger than 430 square feet in the set-up mode to allow consumers more choices when purchasing a fifth-wheel trailer. However, due to the restriction in Nebraska Code section 71-4603 (7) and the state plan approval process by the Public Service Commission, these larger fifth-wheels could not be approved or sold in Nebraska, depriving Nebraska-based RV dealers of the opportunity to sell them, and requiring Nebraska citizens who desire this type of fifth-wheel trailer to cross state lines to purchase one.

To remedy this situation, the RV Industry Association had legislation introduced, LB 1147, which removed the 430 square foot limitation on fifth-wheel travel trailers from the definition in section 71-4603 (7). The bill was sponsored by Senator Curt Friesen, chair of the Transportation Committee. The Transportation Committee held a hearing on the bill on February 1, 2022. Testifying in support of the legislation were Michael Ochs of the RV Industry Association, Commissioner Dan Watermeier of the Nebraska Public Service Commission, and Daniel Classen of Rich & Sons RV dealership in Grand Island, NE. There were no persons testifying in opposition. The bill was approved by the Committee on an 8-0 vote.

It was emphasized that the removal of the square feet limitation from section 71-4603 will not change the size of the vehicle as it travels upon the highway in the state; all fifth-wheel trailers will still need to meet width and length provisions. Thus, safety will in no way be compromised by the provisions in this bill. It merely allows the Public Service Commission to approve the plans for larger fifth-wheel trailers and for Nebraska-based RV dealers to carry them and offer them for sale to Nebraska citizens.

During floor consideration of the bill in March, Senator Friesen amended the bill to include an emergency clause. This means that the legislation took effect immediately upon the Governor’s signature.

The bill also amends the definition of park trailer in section 71-4603 (16) to bring it into line with updated definitions in other states and the HUD definition from 2018. It changes the term to “park model recreational vehicle” to adopt the most current industry terminology for these vehicles. The new definition mirrors the HUD standard to define a park model RV as a vehicle which:

“(a) Is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;

(b) Is not permanently affixed to real property for use as a permanent dwelling;

(c) Is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode; and

(d) Is certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard;”

For questions or additional information, contact RV Industry Association Director of State Government Affairs Mike Ochs at mochs@rvia.org.