reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,101 - Accidents; coroner; report to Department of Transportation.

60-6,101.
Accidents; coroner; report to Department of Transportation.
Any coroner or other official performing the duties of coroner shall report in writing to the Department of Transportation the death of any person within his or her jurisdiction as the result of an accident involving a motor vehicle and the circumstances of such accident. Such report by the coroner shall be made within ten days after such death.
Source
Laws 1974, LB 66, § 1;
R.S.1943, (1988), § 39-6,104.06;
Laws 1993, LB 370, § 197;
Laws 1993, LB 590, § 1;
Laws 2017, LB339, § 187.
Annotations
Where in course of autopsy, and not for purpose of complying with statute in effect at time of accident, coroner compiled information as to alcohol content of blood, his testimony was not inadmissible in wrongful death case. Blackledge v. Martin K. Eby Constr. Co., Inc. 542 F.2d 474 (8th Cir. 1976).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,102 - Accident; death; driver; pedestrian sixteen years of age or older; coroner; examine body; amount of alcohol or drugs; report to Department of Transportation; public information.

60-6,102.
Accident; death; driver; pedestrian sixteen years of age or older; coroner; examine body; amount of alcohol or drugs; report to Department of Transportation; public information.
In the case of a driver who dies within four hours after being in a motor vehicle accident, including a motor vehicle accident in which one or more persons in addition to such driver is killed, and of a pedestrian sixteen years of age or older who dies within four hours after being struck by a motor vehicle, the coroner or other official performing the duties of coroner shall examine the body and cause such tests to be made as are necessary to determine the amount of alcohol or drugs in the body of such driver or pedestrian. Such information shall be included in each report submitted pursuant to sections 60-6,101 to 60-6,104 and shall be tabulated on a monthly basis by the Department of Transportation. Such information, including the identity of the deceased and any such amount of alcohol or drugs, shall be public information and may be released or disclosed as provided by the department.
Source
Laws 1974, LB 66, § 2;
R.S.1943, (1988), § 39-6,104.07;
Laws 1993, LB 370, § 198;
Laws 1993, LB 590, § 2;
Laws 2017, LB339, § 188;
Laws 2019, LB190, § 3.
Annotations
Where in course of autopsy, and not for purpose of complying with statute in effect at time of accident, coroner compiled information as to alcohol content of blood, his testimony was not inadmissible in wrongful death case. Blackledge v. Martin K. Eby Constr. Co., Inc. 542 F.2d 474 (8th Cir. 1976).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,103 - Accident; driver or pedestrian sixteen years of age or older; person killed; submit to chemical test; results in writing to Director-State Engineer; public information.

60-6,103.
Accident; driver or pedestrian sixteen years of age or older; person killed; submit to chemical test; results in writing to Director-State Engineer; public information.
Any surviving driver or pedestrian sixteen years of age or older who is involved in a motor vehicle accident in which a person is killed shall be requested, if he or she has not otherwise been directed by a peace officer to submit to a chemical test under section 60-6,197, to submit to a chemical test of blood, urine, or breath as the peace officer directs for the purpose of determining the amount of alcohol or drugs in his or her body fluid. The results of such test shall be reported in writing to the Director-State Engineer who shall tabulate such results on a monthly basis. Such information, including the identity of such driver or pedestrian and any such amount of alcohol or drugs, shall be public information and may be released or disclosed as provided by the Department of Transportation. The provisions of sections 60-6,199, 60-6,200, and 60-6,202 shall, when applicable, apply to the tests provided for in this section.
Source
Laws 1974, LB 66, § 3;
R.S.1943, (1988), § 39-6,104.08;
Laws 1993, LB 370, § 199;
Laws 1993, LB 590, § 3;
Laws 2017, LB339, § 189;
Laws 2019, LB190, § 4.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,104 - Accidents; body fluid; samples; test; report.

60-6,104.
Accidents; body fluid; samples; test; report.
All samples and tests of body fluids under sections 60-6,101 to 60-6,103 shall be submitted to and performed by an individual possessing a valid permit issued by the Department of Health and Human Services for such purpose. Such tests shall be performed according to methods approved by the department. Such individual shall promptly perform such analysis and report the results thereof to the official submitting the sample.
Source
Laws 1974, LB 66, § 4;
R.S.1943, (1988), § 39-6,104.09;
Laws 1993, LB 370, § 200;
Laws 1996, LB 1044, § 282;
Laws 2007, LB296, § 232.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,105 - Accidents; reports; statements; not available in trial arising out of accident involved; exception.

60-6,105.
Accidents; reports; statements; not available in trial arising out of accident involved; exception.
No report and no statement contained in a report submitted pursuant to sections 60-6,101 to 60-6,104 or any part thereof shall be made available for any purpose in any trial arising out of the accident involved unless necessary solely to prove compliance with such sections.
Source
Laws 1974, LB 66, § 5;
R.S.1943, (1988), § 39-6,104.10;
Laws 1993, LB 370, § 201.
Annotations
Where in course of autopsy, and not for purpose of complying with statute in effect at time of accident, coroner compiled information as to alcohol content of blood, his testimony was not inadmissible in wrongful death case. Blackledge v. Martin K. Eby Constr. Co., Inc. 542 F.2d 474 (8th Cir. 1976).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,106 - Accidents; reports; expenses; reimbursement to county by Department of Transportation.

60-6,106.
Accidents; reports; expenses; reimbursement to county by Department of Transportation.
The Department of Transportation shall reimburse any county for expenses and costs incurred by the county pursuant to sections 60-6,101 to 60-6,105. The department shall provide the official in each county with the appropriate reporting form.
Source
Laws 1974, LB 66, § 6;
R.S.1943, (1988), § 39-6,104.11;
Laws 1993, LB 370, § 202;
Laws 1993, LB 590, § 4;
Laws 2017, LB339, § 190.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,107 - Accidents; Department of Health and Human Services; Department of Transportation; rules and regulations.

60-6,107.
Accidents; Department of Health and Human Services; Department of Transportation; rules and regulations.
(1) Except as provided in subsection (2) of this section, the Department of Health and Human Services shall adopt necessary rules and regulations for the administration of the provisions of sections 60-6,101 to 60-6,106.
(2) The Department of Transportation may adopt and promulgate rules and regulations which provide for the release and disclosure of the results of tests conducted under sections 60-6,102 and 60-6,103.
Source
Laws 1974, LB 66, § 7;
R.S.1943, (1988), § 39-6,104.12;
Laws 1993, LB 370, § 203;
Laws 1993, LB 590, § 5;
Laws 1996, LB 1044, § 283;
Laws 2007, LB296, § 233;
Laws 2017, LB339, § 191;
Laws 2019, LB190, § 5.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,108 - Required obedience to traffic laws; private property used for public road by consent of owner; provisions uniform throughout the state.

60-6,108.
Required obedience to traffic laws; private property used for public road by consent of owner; provisions uniform throughout the state.
(1) The provisions of the Nebraska Rules of the Road relating to operation of vehicles refer exclusively to operation of vehicles upon highways except where a different place is specifically referred to in a given section, but sections 60-6,196, 60-6,197, 60-6,197.04, and 60-6,212 to 60-6,218 shall apply upon highways and anywhere throughout the state except private property which is not open to public access.
(2) Nothing in the Nebraska Rules of the Road shall be construed to prevent the owner of real property used by the public for the purposes of vehicular travel, by permission of the owner and not as a matter of right, from prohibiting such use nor from requiring other, different, or additional conditions from those specified or otherwise regulating the use thereof by such owner.
(3) The Nebraska Rules of the Road shall be applicable and uniform throughout this state and in all political subdivisions and municipalities of this state, and no local authority shall enact or enforce any ordinance directly contrary to the Nebraska Rules of the Road unless expressly authorized by the Legislature.
Source
Laws 1973, LB 45, § 3;
Laws 1992, LB 291, § 3;
R.S.Supp.,1992, § 39-603;
Laws 1993, LB 370, § 204;
Laws 2004, LB 208, § 9.
Annotations
The exception in this section is not a material element of the offense of driving under the influence, which the State must plead and prove in every case; instead, the exception creates an affirmative defense to the crime of driving under the influence. State v. Grutell, 305 Neb. 843, 943 N.W.2d 258 (2020).
The provisions of this section create a geographical exception to the driving under the influence statutes for private property not open to public access. State v. Grutell, 305 Neb. 843, 943 N.W.2d 258 (2020).
Criminal liability under section 60-6,196 does not extend to intoxicated persons in control of a vehicle parked on a residential driveway, regardless of whether part of the vehicle crosses a sidewalk. State v. McCave, 282 Neb. 500, 805 N.W.2d 290 (2011).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,109 - Drivers to exercise due care with pedestrian; audible signal.

60-6,109.
Drivers to exercise due care with pedestrian; audible signal.
Notwithstanding the other provisions of the Nebraska Rules of the Road, every driver of a vehicle shall exercise due care, which shall include, but not be limited to, leaving a safe distance of no less than three feet clearance, when applicable, to avoid colliding with any pedestrian upon any roadway and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or obviously confused or incapacitated person upon a roadway.
Source
Laws 1973, LB 45, § 44;
R.S.1943, (1988), § 39-644;
Laws 1993, LB 370, § 205;
Laws 2012, LB1030, § 1.
Annotations
In order for a driver to be held to the higher standard of care in this section, there must be evidence both that the person was actually confused or actually incapacitated and that such condition was objectively obvious to a reasonable driver. State v. Welch, 275 Neb. 517, 747 N.W.2d 613 (2008).
This section does not except the operation of section 39-643, which pertains to the duty of care required by a pedestrian who crosses the street between intersections. Hines v. Pollock, 229 Neb. 614, 428 N.W.2d 207 (1988) (pursuant to Laws 1993, LB 370, section 250, language from section 39-643 was placed in section 60-6,154).
This section merely sets out a higher standard of care in the situations described therein; intoxicated plaintiff was not an "obviously confused or incapacitated person" within the meaning of the statute. Hines v. Pollock, 229 Neb. 614, 428 N.W.2d 207 (1988).
Defendant failed to exercise due care when he failed to see a pedestrian who was in plain sight near a crosswalk and struck her with the cement truck he was driving. This section is not unconstitutionally vague. Due care under the section means the absence of negligence. State v. Mattan, 207 Neb. 679, 300 N.W.2d 810 (1981).
A driver who is aware that a pedestrian standing on the curb is a 78-year-old with poor eyesight is compelled under this section to maintain a proper lookout and to exercise due care. Dutton v. Travis, 4 Neb. App. 875, 551 N.W.2d 759 (1996).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,110 - Obedience to peace officers; violation; penalty.

60-6,110.
Obedience to peace officers; violation; penalty.
(1) Any person who knowingly fails or refuses to obey any lawful order of any peace officer who is controlling or directing traffic shall be guilty of a traffic infraction.
(2) Any person who knowingly fails to obey any lawful order of a peace officer shall be guilty of a Class III misdemeanor whenever such order is given in furtherance of the apprehension of a person who has violated the Nebraska Rules of the Road or of a person whom such officer reasonably believes has violated the rules.
Source
Laws 1973, LB 45, § 4;
Laws 1977, LB 41, § 8;
R.S.1943, (1988), § 39-604;
Laws 1993, LB 370, § 206.
Annotations
A person driving in response to a lawful order by a law enforcement officer is engaged in privileged conduct for which he cannot be punished. Fulmer v. Jensen, 221 Neb. 582, 379 N.W.2d 736 (1986).
One who drives in response to the lawful order of a law enforcement officer engages in privileged conduct and may not be punished for so doing. State v. Lichti, 219 Neb. 894, 367 N.W.2d 138 (1985).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,111 - Persons riding animals or driving animal-drawn vehicles; farm implements; duties.

60-6,111.
Persons riding animals or driving animal-drawn vehicles; farm implements; duties.
(1) Any person who rides an animal or drives an animal-drawn vehicle, a farm tractor, or an implement of husbandry upon a roadway shall be granted all of the rights and shall be subject to all of the duties made applicable to the driver of a vehicle by the Nebraska Rules of the Road except those provisions of the rules which by their very nature can have no application.
(2) Whenever the slowness of such animal, animal-drawn vehicle, farm tractor, or implement of husbandry is obstructing the normal flow of traffic, the rider or driver shall drive to the nearest available shoulder of the highway and allow traffic to pass.
Source
Laws 1973, LB 45, § 5;
R.S.1943, (1988), § 39-605;
Laws 1993, LB 370, § 207.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,112 - Rules of the road; exceptions.

60-6,112.
Rules of the road; exceptions.
Unless specifically made applicable, the Nebraska Rules of the Road, except those provisions relating to careless driving, reckless driving, and driving while under the influence of alcoholic liquor or drugs, shall not apply to:
(1) Persons, teams of draft animals, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway, but the rules shall apply to such persons and vehicles when traveling to or from such work; or
(2) Government employees and public utility employees to the extent that there would be a conflict between the rules and the performance of their official duties.
Source
Laws 1973, LB 45, § 6;
Laws 1986, LB 896, § 1;
Laws 1987, LB 133, § 1;
R.S.1943, (1988), § 39-606;
Laws 1993, LB 370, § 208.
Annotations
This section does not absolve persons engaged in road work from obeying the fundamental premise that an operator of a vehicle is under a continuing duty to exercise reasonable care for the safety of others. Gatzemeyer v. Neligh Township, 233 Neb. 329, 445 N.W.2d 593 (1989).
Under the facts of this case, a wrongful death action was allowed against the driver and operator of a snowplow when the plow was in operation on the left side of the road in the face of oncoming traffic. Beebe v. Sorensen Sand & Gravel Co., 209 Neb. 559, 308 N.W.2d 829 (1981).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,113 - Government vehicles; provisions applicable.

60-6,113.
Government vehicles; provisions applicable.
Unless specifically exempted, the Nebraska Rules of the Road shall apply to all drivers of vehicles owned or operated on behalf of the United States or any state or political subdivision thereof.
Source
Laws 1973, LB 45, § 7;
R.S.1943, (1988), § 39-607;
Laws 1993, LB 370, § 209.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,114 - Authorized emergency vehicles; privileges; conditions.

60-6,114.
Authorized emergency vehicles; privileges; conditions.
(1) Subject to the conditions stated in the Nebraska Rules of the Road, the driver of an authorized emergency vehicle, when responding to an emergency call, when pursuing an actual or suspected violator of the law, or when responding to but not when returning from a fire alarm, may:
(a) Stop, park, or stand, irrespective of the provisions of the rules, and disregard regulations governing direction of movement or turning in specified directions; and
(b) Except for wreckers towing disabled vehicles and highway maintenance vehicles and equipment:
(i) Proceed past a steady red indication, a flashing red indication, or a stop sign but only after slowing down as may be necessary for safe operation; and
(ii) Exceed the maximum speed limits so long as he or she does not endanger life, limb, or property.
(2) Except when operated as a police vehicle, the exemptions granted in subsection (1) of this section shall apply only when the driver of such vehicle, while in motion, sounds an audible signal by bell, siren, or exhaust whistle as may be reasonably necessary and when such vehicle is equipped with at least one lighted light displaying a red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle.
(3) The exemptions granted in subsection (1) of this section shall not relieve the driver from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect such driver from the consequences of his or her reckless disregard for the safety of others.
(4) Authorized emergency vehicles operated by police and fire departments shall not be subject to the size and weight limitations of sections 60-6,288 to 60-6,290 and 60-6,294.
Source
Laws 1973, LB 45, § 8;
R.S.1943, (1988), § 39-608;
Laws 1993, LB 370, § 210;
Laws 2005, LB 82, § 2.
Annotations
The driver of an emergency vehicle has the right to proceed past a steady red light, but must exercise due care in doing so. Gatewood v. City of Bellevue, 232 Neb. 525, 441 N.W.2d 585 (1989).
Police vehicle enjoys privileges as an emergency vehicle as long as the officer operates emergency equipment in good faith belief that he or she is responding to an emergency. Police officer exercised due regard in operating an emergency vehicle. Maple v. City of Omaha, 222 Neb. 293, 384 N.W.2d 254 (1986).
The trial court did not err in refusing to direct a verdict in favor of the plaintiff, who was injured when he was struck by a police car responding to an emergency call. Stephen v. City of Lincoln, 209 Neb. 792, 311 N.W.2d 889 (1981).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,115 - Closed road; travel permitted; when.

60-6,115.
Closed road; travel permitted; when.
Notwithstanding the provisions of subsection (1) of section 60-6,119, when the Department of Transportation, any local authority, or its authorized representative or permittee has closed, in whole or in part, by barricade or otherwise, during repair or construction, any portion of any highway, the restrictions upon the use of such highway shall not apply to persons living along such closed highway or to persons who would need to travel such highway during the normal course of their operations if no other route of travel is available to such person, but extreme care shall be exercised by such persons on such highway.
Source
Laws 1993, LB 370, § 211;
Laws 2017, LB339, § 192.
Annotations
Subsection (5) of this section applies to the operation of an automobile while it is on that part of the road which is closed and requires extreme caution so as to avoid the additional hazards that may be incident to the reason why the road has been closed. Birchem v. Eggers, 236 Neb. 775, 463 N.W.2d 824 (1990) (pursuant to Laws 1993, LB 370, section 211, language from subsection (5) of section 39-609 was placed in section 60-6,115).
Even if a motorist fell within the exception of the statute, an officer's stop of the vehicle for driving on a road which was clearly marked as being closed would be objectively reasonable because the officer would have probable cause to believe that a traffic violation has occurred. State v. Morrissey, 19 Neb. App. 590, 810 N.W.2d 195 (2012).
The exception of this section did not apply to a motorist traveling a road closed only due to weather and road conditions and where neither the motorist nor his passengers lived along the closed road, had reason to travel the road in the normal course of operations, or lacked another route of travel to their destination. State v. Morrissey, 19 Neb. App. 590, 810 N.W.2d 195 (2012).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,116 - Vehicle owner; driver violations.

60-6,116.
Vehicle owner; driver violations.
The owner of any vehicle or any person employing or otherwise directing the driver of any vehicle shall not require or knowingly permit the operation of such vehicle in any manner contrary to the Nebraska Rules of the Road.
Source
Laws 1973, LB 45, § 116;
R.S.1943, (1988), § 39-6,116;
Laws 1993, LB 370, § 212.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,117 - Parental duties; child less than sixteen.

60-6,117.
Parental duties; child less than sixteen.
The parent or guardian of any child who is less than sixteen years old shall not knowingly permit any such child to violate any provision of the Nebraska Rules of the Road.
Source
Laws 1973, LB 45, § 87;
R.S.1943, (1988), § 39-687;
Laws 1993, LB 370, § 213.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,118 - Manual on Uniform Traffic Control Devices; adoption by Department of Transportation.

60-6,118.
Manual on Uniform Traffic Control Devices; adoption by Department of Transportation.
Consistent with the provisions of the Nebraska Rules of the Road, the Department of Transportation may adopt and promulgate rules and regulations adopting and implementing a manual providing a uniform system of traffic control devices on all highways within this state which, together with any supplements adopted by the department, shall be known as the Manual on Uniform Traffic Control Devices.
Source
Laws 1973, LB 45, § 98;
Laws 1984, LB 677, § 1;
R.S.1943, (1988), § 39-698;
Laws 1993, LB 370, § 214;
Laws 2017, LB339, § 193.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,119 - Obedience to traffic control devices; exceptions.

60-6,119.
Obedience to traffic control devices; exceptions.
(1) The driver of any vehicle shall obey the instructions of any traffic control device applicable thereto placed in accordance with the Nebraska Rules of the Road, unless otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized emergency vehicle in the rules.
(2) No provision of the rules for which traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by a reasonably observant person. Whenever any provision of the rules does not state that traffic control devices are required, such provision shall be effective even though no devices are erected or in place.
(3) Whenever traffic control devices are placed in position approximately conforming to the requirements of the rules, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence.
(4) Any traffic control device placed pursuant to the rules and purporting to conform with the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of the rules unless the contrary is established by competent evidence.
Source
Laws 1973, LB 45, § 9;
R.S.1943, (1988), § 39-609;
Laws 1993, LB 370, § 215.
Annotations
Subsection (5) of this section applies to the operation of an automobile while it is on that part of the road which is closed and requires extreme caution so as to avoid the additional hazards that may be incident to the reason why the road has been closed. Birchem v. Eggers, 236 Neb. 775, 463 N.W.2d 824 (1990) (pursuant to Laws 1993, LB 370, section 211, language from subsection (5) of section 39-609 was placed in section 60-6,115).
A city ordinance regulating funeral processions was a reasonable and valid exercise of the city's police power under section 39-697(1)(c) (transferred to section 60-680) and does not conflict with Nebraska's present right-of-way statutes, this section and section 39-614(1)(a) (transferred to section 60-6,123). Herman v. Lee, 210 Neb. 563, 316 N.W.2d 56 (1982).
This section does not apply to a highway partially barricaded but not closed to traffic. Central Constr. Co. v. Republican City School Dist. No. 1, 206 Neb. 615, 294 N.W.2d 347 (1980).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,120 - Placing and maintaining traffic control devices; jurisdiction.

60-6,120.
Placing and maintaining traffic control devices; jurisdiction.
(1) The Department of Transportation shall place and maintain, or provide for such placing and maintaining, such traffic control devices, conforming to the manual, upon all state highways as it deems necessary to indicate and to carry out the Nebraska Rules of the Road or to regulate, warn, or guide traffic.
(2)(a) In incorporated cities and villages with less than forty thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, the department shall have exclusive jurisdiction regarding the erection and maintenance of traffic control devices on the state highway system but shall not place traffic control devices on the state highway system within incorporated cities of more than twenty-five hundred inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census without consultation with the proper city officials.
(b) In incorporated cities of forty thousand or more inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, except on state-maintained freeways of the state highway system where the department retains exclusive jurisdiction, the city shall have jurisdiction regarding erection and maintenance of traffic control devices on the state highway system after consultation with the department, except that there shall be joint jurisdiction with the department for such traffic control devices for which the department accepts responsibility for the erection and maintenance.
(3) No local authority shall place or maintain any traffic control device upon any highway under the jurisdiction of the department, except by permission of the department, or on any state-maintained freeway of the state highway system.
(4) The placing of traffic control devices by the department shall not be a departmental rule, regulation, or order subject to the statutory procedures for such rules, regulations, or orders but shall be considered as establishing precepts extending the provisions of the Nebraska Rules of the Road as necessary to regulate, warn, or guide traffic. Violation of such traffic control devices shall be punishable as provided in the rules.
Source
Laws 1973, LB 45, § 10;
R.S.1943, (1988), § 39-610;
Laws 1993, LB 370, § 216;
Laws 2017, LB113, § 49;
Laws 2017, LB339, § 194.
Annotations
Sovereign immunity barred a claim against the State of Nebraska and Cass County concerning the lack of pavement markings at a railroad crossing at which a collision occurred because the decision of whether to place pavement markings at the crossing was discretionary. Shipley v. Department of Roads, 283 Neb. 832, 813 N.W.2d 455 (2012).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,121 - Placing and maintaining traffic control devices; local authorities.

60-6,121.
Placing and maintaining traffic control devices; local authorities.
Local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdictions as they deem necessary to indicate and to carry out the provisions of the Nebraska Rules of the Road or to regulate, warn, or guide traffic. All such traffic control devices erected pursuant to the rules shall conform with the manual.
Source
Laws 1973, LB 45, § 11;
R.S.1943, (1988), § 39-611;
Laws 1993, LB 370, § 217.
Annotations
Sovereign immunity barred a claim against the State of Nebraska and Cass County concerning the lack of pavement markings at a railroad crossing at which a collision occurred because the decision of whether to place pavement markings at the crossing was discretionary. Shipley v. Department of Roads, 283 Neb. 832, 813 N.W.2d 455 (2012).
Once a city elects to install a pedestrian crosswalk signal, it is required to conform to the Manual on Uniform Traffic Control Devices in determining the pedestrian clearance interval, and the discretionary immunity exception of section 13-910 does not apply. Tadros v. City of Omaha, 269 Neb. 528, 694 N.W.2d 180 (2005).
The Nebraska Legislature intended political subdivisions to have discretion in the installation of traffic control devices, for purposes of a claim under the Political Subdivisions Tort Claims Act. Dresser v. Thayer Cty, 18 Neb. App. 99, 774 N.W.2d 640 (2009).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,122 - Traffic control devices; when illegal to sell or lease.

60-6,122.
Traffic control devices; when illegal to sell or lease.
It shall be unlawful for any person to sell, lease, or offer for sale or lease any traffic control devices which are not in compliance with the manual.
Source
Laws 1973, LB 45, § 13;
R.S.1943, (1988), § 39-613;
Laws 1993, LB 370, § 218.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,124 - Pedestrian-control signals.

60-6,124.
Pedestrian-control signals.
Whenever pedestrian-control signals exhibiting the words WALK or DONT WALK or exhibiting the symbol of a walking person or an upraised hand are in place, such signals shall indicate as follows:
(1) Pedestrians facing a steady WALK indication or a symbol of a walking person may proceed across the roadway in the direction of such signal and shall be given the right-of-way by the drivers of all vehicles; and
(2) No pedestrian shall start to cross the roadway in the direction of a DONT WALK indication or a symbol of an upraised hand, but any pedestrian who has partially completed his or her crossing on the WALK or walking person indication shall immediately proceed to a sidewalk or safety island while the flashing DONT WALK or flashing upraised hand indication is showing.
Source
Laws 1973, LB 45, § 15;
Laws 1987, LB 135, § 2;
R.S.1943, (1988), § 39-615;
Laws 1993, LB 370, § 220.
Annotations
A pedestrian crossing at a regular crosswalk with the right-of-way has a right, until he has notice or knowledge to the contrary, to assume that others will respect his right-of-way. Even though a statute grants the right-of-way to a pedestrian crossing a street in the crosswalk, it does not excuse contributory negligence on his part. Holly v. Mitchell, 213 Neb. 203, 328 N.W.2d 750 (1982).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,125 - Flashing signals; exception.

60-6,125.
Flashing signals; exception.
Whenever an illuminated flashing red or yellow light is used in a traffic signal or with a traffic sign, it shall require obedience by vehicular traffic as follows:
(1) When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line or shall stop, if there is no such line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the rules applicable after making a stop at a stop sign; and
(2) When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such light only with caution.
This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules set forth in the Nebraska Rules of the Road pertaining to such railroad grade crossings.
Source
Laws 1973, LB 45, § 16;
R.S.1943, (1988), § 39-616;
Laws 1993, LB 370, § 221.
Annotations
Generally, the failure to see an approaching vehicle is not negligence as a matter of law unless the vehicle is undisputably in a favored position. Treffer v. Seevers, 195 Neb. 114, 237 N.W.2d 114 (1975).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,126 - Lane direction control signals; signs.

60-6,126.
Lane direction control signals; signs.
When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a specified or appropriate green indication is shown but shall not enter or travel in any lane over which a specified or appropriate red indication is shown. When such signals are in use, signs adequate to advise motorists of the meaning of such signals shall be erected.
Source
Laws 1973, LB 45, § 17;
R.S.1943, (1988), § 39-617;
Laws 1993, LB 370, § 222.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,126.01 - Road name signs; authorized.

60-6,126.01.
Road name signs; authorized.
Local authorities may place and maintain road name signs on the same sign posts as signs under the jurisdiction of the Department of Transportation when highway visibility would not be impaired. Local authorities may also place and maintain road name signs in the right-of-way of any highway under the jurisdiction of the Department of Transportation when highway visibility would not be impaired.
Source
Laws 2006, LB 853, § 17;
Laws 2017, LB339, § 195.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,127 - Display of unauthorized signs, signals, or markings; public nuisance; removal.

60-6,127.
Display of unauthorized signs, signals, or markings; public nuisance; removal.
(1) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, light, marking, or device which purports to be, is an imitation of, or resembles a lawful traffic control device or railroad sign or signal, which uses the words stop or danger prominently displayed, which implies the need or requirement of stopping or the existence of danger, which attempts to direct the movement of traffic, which otherwise copies or resembles any lawful traffic control device, or which hides from view or interferes with the effectiveness of a traffic control device or any railroad sign or signal.
(2) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal which bears commercial advertising except as authorized by sections 39-204 to 39-206.
(3) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs unless prohibited by another statute.
(4) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance, and the authority having jurisdiction over any highway where such prohibited sign, signal, or marking is found may remove it or cause it to be removed without notice.
Source
Laws 1973, LB 45, § 18;
R.S.1943, (1988), § 39-618;
Laws 1993, LB 370, § 223.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,128 - Advertising devices adjacent to highway; when prohibited; public nuisance; removal.

60-6,128.
Advertising devices adjacent to highway; when prohibited; public nuisance; removal.
No advertising devices shall be erected or operated upon any private property adjacent to or near any highway which:
(1) Have a light, the beam of which is concentrated on the highway or adversely affects the vision of operators of vehicles upon the roadway by the use of flashing red, amber, yellow, or green lights which have the very obvious appearance of devices generally used as official traffic control devices; or
(2) Have photo-flash type lights, flood lights, spotlights, or other lighted signs which use the words Stop or Danger prominently displayed, which imply the need or requirement of stopping or the existence of danger, or which otherwise copy or resemble official traffic control devices.
Nothing in this section shall be construed to apply to official traffic control devices erected by the public agencies having jurisdiction.
Any advertising device erected, maintained, or operated in violation of this section is hereby declared to be a public nuisance. It shall be the duty of the public agency having jurisdiction to notify the owner of all lights in violation of the provisions of this section, and the public agency may remove such lights if the owner fails or refuses to remove them within a reasonable time after he or she is notified of such violation.
Source
Laws 1963, c. 224, § 3, p. 704;
R.R.S.1943, § 39-714.05;
R.S.1943, (1988), § 39-618.01;
Laws 1993, LB 370, § 224.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,129 - Interference with official traffic control devices or railroad signs or signals; prohibited; liability in civil action.

60-6,129.
Interference with official traffic control devices or railroad signs or signals; prohibited; liability in civil action.
(1) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any traffic control device, any railroad sign or signal, or any part of such a device, sign, or signal.
(2) Any person who moves, alters, damages, or destroys warning devices placed upon roads which the Department of Transportation or any local authority or its representative has closed in whole or in part for the protection of the public or for the protection of the highway from damage during construction, improvement, or maintenance operation and thereby causes injury or death to any person or damage to any property, equipment, or material thereon shall be liable, subject to sections 25-21,185 and 25-21,185.07 to 25-21,185.12, for the full or allocated amount of such death, injury, or damage, and such amount may be recovered by the injured or damaged party or his or her legal representative in a civil action brought in any court of competent jurisdiction.
Source
Laws 1973, LB 45, § 19;
Laws 1992, LB 262, § 10;
R.S.Supp.,1992, § 39-619;
Laws 1993, LB 370, § 225;
Laws 2017, LB339, § 196.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,130 - Signs, markers, devices, or notices; prohibited acts; penalty.

60-6,130.
Signs, markers, devices, or notices; prohibited acts; penalty.
(1) Any person who willfully or maliciously shoots upon the public highway and injures, defaces, damages, or destroys any signs, monuments, road markers, traffic control devices, traffic surveillance devices, or other public notices lawfully placed upon such highways shall be guilty of a Class III misdemeanor.
(2) No person shall willfully or maliciously injure, deface, alter, or knock down any sign, traffic control device, or traffic surveillance device.
(3) It shall be unlawful for any person, other than a duly authorized representative of the Department of Transportation, a county, or a municipality, to remove any sign, traffic control device, or traffic surveillance device placed along a highway for traffic control, warning, or informational purposes by official action of the department, county, or municipality. It shall be unlawful for any person to possess a sign or device which has been removed in violation of this subsection.
(4) Any person violating subsection (2) or (3) of this section shall be guilty of a Class II misdemeanor and shall be assessed liquidated damages in the amount of the value of the sign, traffic control device, or traffic surveillance device and the cost of replacing it.
Source
G.S.1873, c. 58, § 100, p. 743;
R.S.1913, § 3040;
Laws 1915, c. 60, § 1, p. 154;
C.S.1922, § 2791;
C.S.1929, § 39-1026;
R.S.1943, § 39-714;
Laws 1971, LB 331, § 1;
R.S.Supp.,1972, § 39-714;
Laws 1977, LB 41, § 9;
Laws 1989, LB 283, § 1;
R.S.Supp.,1992, § 39-619.01;
Laws 1993, LB 370, § 226;
Laws 2017, LB339, § 197.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,131 - Driving on right half of roadway required; exceptions.

60-6,131.
Driving on right half of roadway required; exceptions.
(1) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of the highway, except that any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
(c) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
(d) Upon a roadway restricted to one-way traffic.
(2) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(3) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the centerline of the roadway except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under subdivision (1)(b) of this section. This subsection shall not be construed to prohibit the crossing of the centerline in making a left turn into or from an alley, private road, or driveway unless such movement is otherwise prohibited by signs.
Source
Laws 1973, LB 45, § 20;
R.S.1943, (1988), § 39-620;
Laws 1993, LB 370, § 227.
Annotations
Violation of this statute is only evidence of negligence and does not constitute negligence per se. Bourke v. Watts, 223 Neb. 511, 391 N.W.2d 552 (1986).
Violation of a statute is evidence of negligence, but not negligence per se. Clark Bilt, Inc. v. Wells Dairy Co., 200 Neb. 20, 261 N.W.2d 772 (1978).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,132 - Vehicles proceeding in opposite direction; passing.

60-6,132.
Vehicles proceeding in opposite direction; passing.
Passing vehicles proceeding in opposite directions shall each keep to the right side of the roadway, passing left to left, and upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other, as nearly as possible, at least one-half of the main-traveled portion of the roadway.
Source
Laws 1973, LB 45, § 21;
R.S.1943, (1988), § 39-621;
Laws 1993, LB 370, § 228.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,133 - Overtaking and passing rules; vehicles proceeding in same direction.

60-6,133.
Overtaking and passing rules; vehicles proceeding in same direction.
Except when overtaking and passing on the right is permitted, the following rules shall govern the overtaking and passing of vehicles proceeding in the same direction:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall first give a visible signal of his or her intention and shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle;
(2) The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle; and
(3) The driver of a vehicle overtaking a bicycle or electric personal assistive mobility device proceeding in the same direction shall exercise due care, which shall include, but not be limited to, leaving a safe distance of no less than three feet clearance, when applicable, when passing a bicycle or electric personal assistive mobility device and shall maintain such clearance until safely past the overtaken bicycle or electric personal assistive mobility device.
Source
Laws 1973, LB 45, § 22;
R.S.1943, (1988), § 39-622;
Laws 1993, LB 370, § 229;
Laws 1993, LB 575, § 6;
Laws 2000, LB 1361, § 3;
Laws 2012, LB1030, § 2.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,134 - Overtaking and passing upon the right; when permitted.

60-6,134.
Overtaking and passing upon the right; when permitted.
(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:
(a) When the vehicle to be overtaken is making or about to make a left turn;
(b) Upon a two-way street or highway with an unobstructed roadway, not occupied by parked vehicles, of sufficient width for two or more lanes of moving vehicles going in the same direction when the passing vehicle is traveling in one of such lanes; or
(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, when the roadway is free from obstructions and of sufficient width for two or more lanes of moving vehicles.
(2) In no event shall the driver of a vehicle overtake and pass another vehicle upon the right unless such movement may be made safely upon the roadway.
Source
Laws 1973, LB 45, § 23;
Laws 1983, LB 406, § 1;
R.S.1943, (1988), § 39-623;
Laws 1993, LB 370, § 230.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,134.01 - School crossing zone; overtaking and passing prohibited; penalty.

60-6,134.01.
School crossing zone; overtaking and passing prohibited; penalty.
It is unlawful for a person operating a motor vehicle to overtake and pass another vehicle in a school crossing zone in which the roadway has only one lane of traffic in each direction. Any person convicted of overtaking and passing another vehicle in a school crossing zone is guilty of a traffic infraction and shall be fined not more than two hundred dollars for the first offense and at least two hundred dollars but not more than four hundred dollars for a second or subsequent offense.
Source
Laws 1997, LB 91, § 5.