reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-497.03 - Conviction reports; form of transmittal; revocation or suspension of license; director; duties.

60-497.03.
Conviction reports; form of transmittal; revocation or suspension of license; director; duties.
To enable the director punctually and economically to perform his or her ministerial duties in revoking or suspending operators' licenses and to insure uniformity in the keeping of the records of suspended operators' licenses and operators' licenses ordered revoked by courts of the state, the director shall authorize electronic transmission of abstract-of-conviction reports. The director shall prescribe the standard format of abstract-of-conviction reports.
In the administration of any section of the Motor Vehicle Operator's License Act, the powers and duties conferred upon the director or his or her subordinates or successors with respect to the revocation or suspension of any operator's license are ministerial in character. The director shall revoke operators' licenses only when positively directed to do so by the terms of the abstract of the judgment of conviction transmitted by the trial court except as otherwise provided in the Motor Vehicle Operator's License Act, the Motor Vehicle Safety Responsibility Act, or the Nebraska Rules of the Road.
Source
Laws 1931, c. 110, § 58, p. 326;
Laws 1941, c. 124, § 9, p. 476;
C.S.Supp.,1941, § 39-1189;
R.S.1943, § 39-796;
Laws 1953, c. 219, § 9, p. 772;
Laws 1957, c. 164, § 3, p. 580;
Laws 1957, c. 366, § 17, p. 1256;
Laws 1957, c. 165, § 3, p. 583;
Laws 1969, c. 317, § 3, p. 1145;
Laws 1972, LB 1032, § 248;
Laws 1973, LB 226, § 27;
R.S.Supp.,1972, § 39-796;
Laws 1991, LB 420, § 4;
R.S.Supp.,1992, § 39-669.24;
Laws 1993, LB 370, § 77;
Laws 1993, LB 575, § 16;
Laws 1999, LB 704, § 12;
Laws 2001, LB 38, § 19.
Cross References
Motor Vehicle Safety Responsibility Act, see section 60-569.
Nebraska Rules of the Road, see section 60-601.
Annotations
A certified abstract for conviction report must include judgment of conviction to authorize revocation or suspension of motor vehicle operator's license. Hyland v. State, 194 Neb. 737, 235 N.W.2d 236 (1975).
The amount by which the speed limit was exceeded is a part of the information to be shown on the abstract for conviction report. Melanson v. State, 188 Neb. 446, 197 N.W.2d 401 (1972).
The determinations required in this and companion sections are simple ministerial matters. Stauffer v. Weedlun, 188 Neb. 105, 195 N.W.2d 218 (1972).
While the duties of the Director of Motor Vehicles are ministerial, he is required to relate the reports of convictions to the applicable statute violated. Westenburg v. Weedlun, 187 Neb. 679, 193 N.W.2d 566 (1972).
It is not necessary that abstract of state offense involved the use of a motor vehicle. Lutjemeyer v. Dennis, 186 Neb. 46, 180 N.W.2d 679 (1970).
Revocation of license under point system is a ministerial act. Bradford v. Ress, 167 Neb. 338, 93 N.W.2d 17 (1958).
Duty to revoke license under point system law upon receipt of proof of convictions is ministerial. Stewart v. Ress, 164 Neb. 876, 83 N.W.2d 901 (1957).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-497.04 - Noncompliance; penalty.

60-497.04.
Noncompliance; penalty.
Failure, refusal, or neglect by any officer to comply with any of the provisions of sections 60-497.01 to 60-497.03 shall constitute misconduct in office and shall be grounds for his or her removal therefrom.
Source
Laws 1931, c. 110, § 58, p. 326;
Laws 1941, c. 124, § 9, p. 477;
C.S.Supp.,1941, § 39-1189;
R.S.1943, § 39-797;
R.S.1943, (1988), § 39-669.25;
Laws 1993, LB 370, § 78.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-498 - Revocation; when mandatory.

60-498.
Revocation; when mandatory.
The director shall immediately revoke the operator's license of any person upon receiving a copy of judgment of such person's conviction of any of the following offenses when such conviction becomes final:
(1) Manslaughter resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of alcoholic liquor or any drug as provided in city or village ordinances or in section 60-6,196. The period of revocation shall, in each case except for revocations pursuant to sections 60-498.01 to 60-498.04 and offenses specified in section 60-4,168, correspond with the period that is determined by the court;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(5) Perjury or making of a false affidavit or statement under oath to the director, examining officer, or other officer under the Motor Vehicle Operator's License Act or under any law relating to the ownership or operation of motor vehicles;
(6) Conviction or forfeiture of bail, not vacated, upon three charges of reckless driving committed within a period of twelve months; or
(7) Willful reckless driving as provided in city or village ordinances or as described in section 60-6,214.
Source
Laws 1937, c. 141, § 23, p. 518;
Laws 1941, c. 124, § 4, p. 472;
C.S.Supp.,1941, § 60-428;
R.S.1943, § 60-424;
Laws 1953, c. 214, § 7, p. 759;
R.S.1943, (1988), § 60-424;
Laws 1989, LB 285, § 48;
Laws 1991, LB 420, § 8;
Laws 1992, LB 291, § 15;
Laws 1993, LB 370, § 79;
Laws 2003, LB 209, § 3.
Annotations
Conclusory notation of "D.U.I." provides no factual reason for an officer's decision to arrest a driver on suspicion of driving under the influence of alcohol instead of merely citing the driver for speeding when excessive speed was the initial reason for the stop. Snyder v. Department of Motor Vehicles, 274 Neb. 168, 736 N.W.2d 731 (2007).
In an administrative license revocation proceeding, the sworn report of the arresting officer must, at a minimum, contain the information specified in subsection (3) of section 60-498.01 in order to confer jurisdiction. Snyder v. Department of Motor Vehicles, 274 Neb. 168, 736 N.W.2d 731 (2007).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-498.03 - Operator's license revocation decision; notice; contents.

60-498.03.
Operator's license revocation decision; notice; contents.
(1) The director shall reduce the decision revoking an operator's license under sections 60-498.01 to 60-498.04 to writing, and the director shall notify the person in writing of the revocation. The notice shall set forth the period of revocation and be served by mailing it to such person to the address provided to the director at the administrative license revocation hearing or, if the person does not appear at the hearing, to the address appearing on the records of the director. If the address on the director's records differs from the address on the arresting peace officer's report, the notice shall be sent to both addresses.
(2) If the director does not revoke the operator's license, the director shall immediately notify the person in writing of the decision. The notice shall set forth the time and place the person may obtain his or her license. The notice shall be mailed as provided in subsection (1) of this section. No reinstatement fee shall be charged for return of the confiscated operator's license pursuant to this subsection.
Source
Laws 1972, LB 1095, § 7;
R.S.Supp.,1972, § 39-727.18;
Laws 1992, LB 291, § 12;
R.S.Supp.,1992, § 39-669.17;
Laws 1993, LB 370, § 302;
Laws 2001, LB 38, § 53;
R.S.Supp.,2002, § 60-6,207;
Laws 2003, LB 209, § 6;
Laws 2011, LB667, § 26.
Annotations
Administrative license revocation statutes are reviewed using the rational relationship standard of review. The administrative license revocation statutes do not violate equal protection, nor do they constitute cruel and unusual punishment. Schindler v. Department of Motor Vehicles, 256 Neb. 782, 593 N.W.2d 295 (1999).
A refusal to submit to a chemical test for alcohol occurs when the licensee, after being asked to submit to a test, so conducts himself as to justify a reasonable person in the requesting officer's position in believing that the licensee understood that he was asked to submit to a test and manifested an unwillingness to do so. Wohlgemuth v. Pearson, 204 Neb. 687, 285 N.W.2d 102 (1979).
A preliminary refusal followed by a consent to submit to a test for blood alcohol content does not furnish a basis for imposition of the sanction prescribed by the statute if a test was in fact performed and the state was not prejudiced by the delay in performing the test. Sedlacek v. Pearson, 204 Neb. 625, 284 N.W.2d 556 (1979).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-498.04 - License revocation; appeal; notice of judgment.

60-498.04.
License revocation; appeal; notice of judgment.
Any person who feels himself or herself aggrieved because of the revocation of his or her operator's license under sections 60-498.01 to 60-498.04 may appeal therefrom to the district court of the county where the alleged events occurred for which he or she was arrested, and the appeal shall be in accordance with section 84-917. The district court shall allow any party to an appeal to appear by telephone at any proceeding before the court for purposes of the appeal. Such appeal shall not suspend the order of revocation. The court shall provide notice of the final judgment to the department.
Source
Laws 1972, LB 1095, § 8;
R.S.Supp.,1972, § 39-727.19;
Laws 1988, LB 352, § 31;
R.S.1943, (1988), § 39-669.18;
Laws 1993, LB 370, § 303;
Laws 1998, LB 309, § 17;
R.S.1943, (1998), § 60-6,208;
Laws 2003, LB 209, § 7;
Laws 2011, LB667, § 27.
Annotations
Neither this section nor subsection (2)(a) of section 84-917 provides that its jurisdictional provisions are exclusive. Reiter v. Wimes, 263 Neb. 277, 640 N.W.2d 19 (2002).
Administrative license revocation statutes are reviewed using the rational relationship standard of review. The administrative license revocation statutes do not violate equal protection, nor do they constitute cruel and unusual punishment. Schindler v. Department of Motor Vehicles, 256 Neb. 782, 593 N.W.2d 295 (1999).
The venue requirements of this section governing the right to appeal are mandatory and must be complied with in order for the appellate court to acquire jurisdiction. An appeal from an order of the Director of Motor Vehicles revoking an operator's license for refusing to take a blood, breath, or urine test must be filed in the district court of the county in which the alleged events occurred for which the operator was arrested. Jackson v. Jensen, 225 Neb. 671, 407 N.W.2d 758 (1987).
On appeal to district court from order of Director of Motor Vehicles under section 39-669.16 (transferred to section 60-498.02) revoking operator's license, the burden is on licensee to establish ground for reversal. Mackey v. Director of Motor Vehicles, 194 Neb. 707, 235 N.W.2d 394 (1975).
On appeal from order of revocation of a motor vehicle operator's license under the implied consent law, review is de novo as in equity. Wiseman v. Sullivan, 190 Neb. 724, 211 N.W.2d 906 (1973).
Pursuant to Nebraska's administrative revocation statutes, decisions of the director of the Department of Motor Vehicles are appealed pursuant to the Administrative Procedure Act. Wilson v. Neth, 18 Neb. App. 41, 773 N.W.2d 183 (2009).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-499 - Revocation; when authorized.

60-499.
Revocation; when authorized.
The director may revoke the operator's license of a person upon receipt of a copy of a judgment of conviction from the trial magistrate or judge which states that the licensee:
(1) Has committed an offense for which mandatory revocation is required upon conviction as set forth in section 60-498;
(2) Has been involved as a driver in an accident resulting in the death or personal injury of another or in serious property damage;
(3) Is a habitually reckless or negligent driver of a motor vehicle;
(4) Is a habitual violator of the traffic laws;
(5) Is incompetent to drive a motor vehicle;
(6) Has permitted an unlawful or fraudulent use of such license;
(7) Was not entitled to the issuance of the license;
(8) Failed to give the required or correct information in his or her application;
(9) Committed fraud in his or her application process; or
(10) Has, as a nonresident, suffered revocation or suspension of his or her operator's license or of his or her driving privilege by the trial court and the director and has, during the period of revocation or suspension, violated the terms of that revocation or suspension by exercising the driving privilege under a new operator's license fraudulently obtained or otherwise.
Source
Laws 1937, c. 141, § 23, p. 518;
Laws 1941, c. 124, § 4, p. 473;
C.S.Supp.,1941, § 60-428;
R.S.1943, § 60-425;
R.S.1943, (1988), § 60-425;
Laws 1989, LB 285, § 49;
Laws 1991, LB 420, § 9;
Laws 1999, LB 704, § 13;
Laws 2001, LB 38, § 20.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-499.01 - Revocation; reinstatement fee.

60-499.01.
Revocation; reinstatement fee.
Whenever an operator's license is revoked under the Motor Vehicle Operator's License Act, the licensee shall pay a reinstatement fee to the Department of Motor Vehicles to reinstate his or her eligibility for a license in addition to complying with the other provisions of the act. The reinstatement fee shall be one hundred twenty-five dollars. The department shall remit the fees to the State Treasurer. The State Treasurer shall credit seventy-five dollars of each fee to the General Fund and fifty dollars of each fee to the Department of Motor Vehicles Cash Fund.
Source
Laws 2001, LB 38, § 11.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,100.01 - Suspension; reinstatement fee.

60-4,100.01.
Suspension; reinstatement fee.
Whenever an operator's license is suspended under the Motor Vehicle Operator's License Act, the licensee shall pay a reinstatement fee to the Department of Motor Vehicles as a prerequisite to reinstatement of such license in addition to complying with the other provisions of the act. Upon expiration of the applicable period of suspension and payment of the reinstatement fee, the operator's license shall be returned unless it is no longer valid. The reinstatement fee shall be fifty dollars. The department shall remit the fees to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.
Source
Laws 2001, LB 38, § 12.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,102 - Nonresident; driving privilege; revocation, suspension, or impoundment.

60-4,102.
Nonresident; driving privilege; revocation, suspension, or impoundment.
The privilege of driving a motor vehicle on the highways of this state given to a nonresident shall be subject to suspension or revocation by the director or revocation or impoundment by the trial magistrate or judge in like manner and for like cause as an operator's license may be suspended, revoked, or impounded. The director may, upon receiving a copy of a judgment of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, transmit a certified copy of such judgment of conviction to the motor vehicle administrator in the state wherein the person so convicted is a resident.
Source
Laws 1937, c. 141, § 23, p. 518;
Laws 1941, c. 124, § 4, p. 472;
C.S.Supp.,1941, § 60-428;
R.S.1943, § 60-422;
R.S.1943, (1988), § 60-422;
Laws 1989, LB 285, § 52;
Laws 1991, LB 420, § 12;
Laws 2001, LB 38, § 22.
Annotations
Defendant's analysis of this section failed to take into account other sections of statute. State v. Smith, 181 Neb. 846, 152 N.W.2d 16 (1967).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,103 - Nonresident; violating terms of order; effect.

60-4,103.
Nonresident; violating terms of order; effect.
Any nonresident who violates the terms of the court or administrative order by which his or her operator's license or driving privilege was revoked, suspended, or impounded shall be subject to section 60-4,108.
Source
Laws 1941, c. 124, § 4, p. 473;
C.S.Supp.,1941, § 60-428;
R.S.1943, § 60-423;
Laws 1959, c. 293, § 1, p. 1098;
Laws 1977, LB 39, § 79;
R.S.1943, (1988), § 60-423;
Laws 1989, LB 285, § 53;
Laws 2001, LB 38, § 23.
Annotations
Defendant's analysis of this section failed to take into account other sections of statute. State v. Smith, 181 Neb. 846, 152 N.W.2d 16 (1967).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,104 - Revocation or suspension; order of director; prima facie evidence.

60-4,104.
Revocation or suspension; order of director; prima facie evidence.
A copy of the order of the director suspending or revoking any operator's license or the privilege of operating a motor vehicle, duly certified by the director and bearing the seal of the Department of Motor Vehicles, shall be admissible in evidence without further proof and shall be prima facie evidence of the facts therein stated in any proceeding, civil or criminal, in which such suspension or revocation is an issuable fact.
Source
Laws 1961, c. 318, § 1, p. 1018;
R.S.1943, (1988), § 60-418.01;
Laws 1989, LB 285, § 54.
Annotations
An order of the Director of Motor Vehicles revoking or suspending an operator's license is prima facie evidence of the facts therein, shifting the burden to the driver to rebut the correctness of that order. Delgado v. Abramson, 254 Neb. 606, 578 N.W.2d 833 (1998).
Copy of order of suspension certified in name of director by properly designated subordinate is admissible in evidence. State v. Applegarth, 196 Neb. 773, 246 N.W.2d 216 (1976).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,106 - Appeal; effect.

60-4,106.
Appeal; effect.
Appeal from the sentence of conviction shall constitute an appeal from the revocation of the operator's license of the person so convicted.
Source
Laws 1929, c. 148, § 12, p. 518;
C.S.1929, § 60-412;
Laws 1937, c. 140, § 2, p. 505;
Laws 1941, c. 124, § 2, p. 471;
C.S.Supp.,1941, § 60-412;
R.S.1943, § 60-429;
R.S.1943, (1988), § 60-429;
Laws 1989, LB 285, § 56;
Laws 2001, LB 38, § 24.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,107 - Suspension or revocation; operation of vehicle prohibited; employment driving permit or medical hardship driving permit excepted.

60-4,107.
Suspension or revocation; operation of vehicle prohibited; employment driving permit or medical hardship driving permit excepted.
Any resident or nonresident whose operator's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in the Motor Vehicle Operator's License Act shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and if permitted under the act. Such persons shall be eligible to operate a motor vehicle, except a commercial motor vehicle, under an employment driving permit as provided by section 60-4,129 or a medical hardship driving permit as provided in section 60-4,130.01.
Source
Laws 1937, c. 141, § 24, p. 520;
Laws 1941, c. 124, § 5, p. 473;
C.S.Supp.,1941, § 60-429;
Laws 1943, c. 135, § 1, p. 465;
R.S.1943, § 60-418;
Laws 1975, LB 259, § 4;
R.S.1943, (1988), § 60-418;
Laws 1989, LB 285, § 57;
Laws 1993, LB 105, § 7.
Annotations
Circumstantial evidence may serve to establish the operation or actual physical control of a motor vehicle. State v. Hanger, 241 Neb. 812, 491 N.W.2d 55 (1992).
A former Nebraska resident whose Nebraska driver's license is suspended or revoked and who obtains a license issued by another state before the period of suspension or revocation expires is not authorized to operate a motor vehicle in Nebraska until a new license is obtained when and if permitted by this act. State v. Workman, 233 Neb. 503, 446 N.W.2d 16 (1989).
The gravamen of or the misconduct prohibited by this section and section 39-669.30 (transferred to section 60-4,186) is operation of a motor vehicle after judicial or administrative deprivation of the operator's privilege or license to operate a motor vehicle on the public highways of the State of Nebraska. Although the terms suspension and revocation were used interchangeably in this case, such misuse did not arise to the stature of sufficient prejudice to warrant reversal of judgment. State v. Jost, 219 Neb. 162, 361 N.W.2d 526 (1985).
This act refers to sections 60-401 to 60-440, and they have nothing to do with point system revocations. Buettner v. Sullivan, 191 Neb. 592, 216 N.W.2d 872 (1974).
While operator's license is suspended in this state, operation under license issued by another state can be had only when and if permitted. State v. Smith, 181 Neb. 846, 152 N.W.2d 16 (1967).
The privilege of operating a motor vehicle is not restored after revocation or suspension by lapse of time alone. State v. Ruggiere, 180 Neb. 869, 146 N.W.2d 373 (1966).
After suspension of license, right to operate motor vehicle depends upon the receipt of a new license. Tyrrell v. State, 173 Neb. 859, 115 N.W.2d 459 (1962).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,111 - Violation; general penalty provisions.

60-4,111.
Violation; general penalty provisions.
Whoever violates any provision of the Motor Vehicle Operator's License Act for which no specific penalty is provided shall be guilty of a Class III misdemeanor.
Source
Laws 1937, c. 141, § 27, p. 522;
Laws 1941, c. 124, § 7, p. 475;
C.S.Supp.,1941, § 60-432;
R.S.1943, § 60-430;
Laws 1959, c. 293, § 2, p. 1098;
Laws 1971, LB 20, § 1;
Laws 1977, LB 39, § 80;
R.S.1943, (1988), § 60-430;
Laws 1989, LB 285, § 61.
Annotations
Conviction and sentence of unlicensed driver affirmed. State v. Meints, 223 Neb. 199, 388 N.W.2d 813 (1986).
This section sets forth the general penalty for violation of the operator's license act. State v. Ruggiere, 180 Neb. 869, 146 N.W.2d 373 (1966).
Conviction for second offense committed after amendment of this section was proper even though first offense was committed prior to amendment. State v. Steemer, 175 Neb. 342, 121 N.W.2d 813 (1963).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,112 - Sections; applicability.

60-4,112.
Sections; applicability.
Sections 60-4,114.01 and 60-4,118.01 to 60-4,130.05 shall apply to the operation of any motor vehicle except a commercial motor vehicle.
Source
Laws 1989, LB 285, § 62;
Laws 1991, LB 44, § 2;
Laws 1993, LB 105, § 8;
Laws 1994, LB 211, § 4;
Laws 1998, LB 320, § 4;
Laws 2001, LB 38, § 27;
Laws 2003, LB 562, § 5;
Laws 2008, LB911, § 10;
Laws 2011, LB158, § 2;
Laws 2014, LB983, § 16.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,113 - Examining personnel; appointment; duties; examinations; issuance of certificate or receipt; license; state identification card; county treasurer; duties; delivery of license or card.

60-4,113.
Examining personnel; appointment; duties; examinations; issuance of certificate or receipt; license; state identification card; county treasurer; duties; delivery of license or card.
(1) The director shall appoint as his or her agents one or more department personnel who shall examine all applicants for a state identification card or an operator's license as provided in section 60-4,114, except as otherwise provided in subsection (8) of section 60-4,122. The same department personnel may be assigned to one or more counties by the director. In counties in which the county treasurer collects the fees and issues receipts, the county shall furnish office space for the administration of the operator's license examination. Department personnel shall conduct the examination of applicants and deliver to each successful applicant an issuance certificate or receipt. The certificate may be presented to the county treasurer within ninety days after issuance, and the county treasurer shall collect the fee and surcharge as provided in section 60-4,115 and issue a receipt which is valid for up to thirty days. If an operator's license is being issued, the receipt shall also authorize driving privileges for such thirty-day period. If department personnel refuse to issue an issuance certificate or receipt, the department personnel shall state such cause in writing and deliver such written cause to the applicant.
(2) The department may provide for the central production and issuance of operators' licenses and state identification cards. Production shall take place at a secure production facility designated by the director. The licenses and cards shall be of such a design and produced in such a way as to discourage, to the maximum extent possible, fraud in applicant enrollment, identity theft, and the forgery and counterfeiting of such licenses and cards. Delivery of an operator's license or state identification card shall be to the mailing address provided by the applicant at the time of application and may be provided by secure electronic delivery to specified contact information at the request of the applicant.
Source
Laws 1929, c. 148, § 2, p. 513;
C.S.1929, § 60-402;
Laws 1937, c. 141, § 12, p. 511;
C.S.Supp.,1941, § 60-402;
R.S.1943, § 60-404;
Laws 1945, c. 141, § 2, p. 447;
Laws 1945, c. 142, § 1, p. 454;
Laws 1957, c. 366, § 36, p. 1270;
Laws 1961, c. 307, § 4, p. 972;
Laws 1961, c. 315, § 3, p. 999;
Laws 1961, c. 316, § 3, p. 1009;
Laws 1961, c. 317, § 1, p. 1016;
Laws 1967, c. 389, § 1, p. 1212;
Laws 1976, LB 329, § 1;
Laws 1977, LB 90, § 3;
R.S.1943, (1988), § 60-404;
Laws 1989, LB 285, § 64;
Laws 1999, LB 704, § 15;
Laws 2001, LB 574, § 9;
Laws 2008, LB911, § 11;
Laws 2011, LB215, § 11;
Laws 2016, LB311, § 9;
Laws 2020, LB944, § 57.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,114.01 - Applicant for Class O or Class M license; issuance of LPD-learner's permit; restriction on reapplication for license.

60-4,114.01.
Applicant for Class O or Class M license; issuance of LPD-learner's permit; restriction on reapplication for license.
An applicant for a Class O or Class M license that fails three successive tests of his or her ability to drive and maneuver a motor vehicle safely as provided in subdivision (3)(b) of section 60-4,114 may be issued an LPD-learner's permit. The applicant shall not be eligible to reapply for the Class O or Class M license and retake such test until he or she presents proof of successful completion of a department-approved driver training school or until he or she has held an LPD-learner's permit for at least ninety days.
Source
Laws 2011, LB158, § 3.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,115.01 - Fee payment returned or not honored; department powers; notice to applicant; contents; payment; department; duties.

60-4,115.01.
Fee payment returned or not honored; department powers; notice to applicant; contents; payment; department; duties.
(1) If a fee required under the Motor Vehicle Operator's License Act for issuance of any operator's license or state identification card has been paid by check, draft, or other financial transaction, including an electronic financial transaction, and the check, draft, or financial transaction has been returned or not honored because of insufficient funds, no account, a stop-payment order, or any other reason, the department may cancel or refuse to issue or renew the operator's license or state identification card. Such license shall remain canceled or shall not be issued until the applicant has made full payment as required by subsection (4) of this section.
(2) Prior to taking action described in subsection (1) of this section, the department shall notify the applicant of the proposed action and the reasons for such action in writing, by first-class mail, mailed to the applicant's last-known mailing address provided by the applicant at the time of application.
(3) The department may take the action described in subsection (1) of this section no sooner than seven days after the notice required in subsection (2) of this section has been made.
(4) If an operator's license or state identification card is canceled or refused by the department pursuant to this section, the department shall issue or reinstate the operator's license or state identification card without delay upon the full payment of the fees owed by the applicant and payment of costs as authorized by section 84-620.
Source
Laws 2016, LB311, § 11.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,116 - Applicant; department; duties.

60-4,116.
Applicant; department; duties.
Prior to the issuance of any original or renewal operator's license, the issuance of a replacement operator's license, or the reissuance of any such license with a change of any classification, endorsement, or restriction, the department shall:
(1) Check the driving record of the applicant as maintained by the department or by any other state which has issued an operator's license to the applicant;
(2) Contact the Commercial Driver License Information System to determine whether the applicant possesses any valid commercial learner's permit or commercial driver's license issued by any other state, whether such license or the applicant's privilege to operate a commercial motor vehicle has been suspended, revoked, or canceled, or whether the applicant has been disqualified from operating a commercial motor vehicle; and
(3) Contact the National Driver Register to determine if the applicant (a) has been disqualified from operating any motor vehicle, (b) has had an operator's license suspended, revoked, or canceled, (c) is not eligible, or (d) is deceased.
Source
Laws 2003, LB 562, § 6;
Laws 2011, LB178, § 4;
Laws 2012, LB751, § 24;
Laws 2014, LB777, § 5;
Laws 2014, LB983, § 18.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,117 - Operator's license or state identification card; form; department personnel or county treasurer; duties.

60-4,117.
Operator's license or state identification card; form; department personnel or county treasurer; duties.
(1) An applicant shall present an issuance certificate to the county treasurer for an operator's license or state identification card. Department personnel or the county treasurer shall collect the applicable fee and surcharge as prescribed in section 60-4,115 and issue a receipt which is valid for up to thirty days. If there is cause for an operator's license to be issued, the receipt shall also authorize driving privileges for such thirty-day period. The license or card shall be delivered as provided in section 60-4,113.
(2) The operator's license and state identification card shall be in a form prescribed by the department. The license and card may include security features prescribed by the department. The license and card shall be conspicuously marked Nebraska Operator's License or Nebraska Identification Card, shall be, to the maximum extent practicable, tamper and forgery proof, and shall include the following information:
(a) The full legal name and principal residence address of the holder;
(b) The holder's full facial digital image;
(c) A physical description of the holder, including gender, height, weight, and eye and hair colors;
(d) The holder's date of birth;
(e) The holder's signature;
(f) The class of motor vehicle which the holder is authorized to operate and any applicable endorsements or restrictions;
(g) The issuance and expiration date of the license or card;
(h) The organ and tissue donation information specified in section 60-494;
(i) A veteran designation as provided in section 60-4,189; and
(j) Such other marks and information as the director may determine.
(3) Each operator's license and state identification card shall contain the following encoded, machine-readable information: The holder's full legal name; date of birth; gender; race or ethnicity; document issue date; document expiration date; principal residence address; unique identification number; revision date; inventory control number; and state of issuance.
Source
Laws 1929, c. 148, § 4, p. 513;
C.S.1929, § 60-404;
Laws 1937, c. 141, § 14, p. 512;
C.S.Supp.,1941, § 60-404;
R.S.1943, § 60-406;
Laws 1959, c. 286, § 2, p. 1082;
Laws 1961, c. 315, § 4, p. 1000;
Laws 1961, c. 316, § 4, p. 1008;
Laws 1977, LB 90, § 4;
R.S.1943, (1988), § 60-406;
Laws 1989, LB 285, § 67;
Laws 2001, LB 34, § 4;
Laws 2001, LB 38, § 29;
Laws 2001, LB 574, § 12;
Laws 2008, LB911, § 13;
Laws 2011, LB215, § 14;
Laws 2013, LB93, § 5;
Laws 2016, LB311, § 12;
Laws 2019, LB192, § 2.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,118.01 - Medical review of applicant or licensee; legislative intent.

60-4,118.01.
Medical review of applicant or licensee; legislative intent.
The Legislature finds and declares that:
(1) The operation of a motor vehicle on the highways of the state is a privilege and that no person should operate a motor vehicle on the highways of this state if not physically or mentally capable of safely doing so;
(2) The approval or denial of an application for an operator's license or the revocation of an operator's license may provide or prevent an opportunity for the applicant or licensee to obtain or maintain gainful employment; and
(3) Under certain circumstances, careful medical review and evaluation of an applicant for an operator's license or of a licensee is necessary to protect the interest of the applicant or licensee and the health, safety, and welfare of the public.
Source
Laws 1994, LB 211, § 5.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,118.03 - Mental, medical, or vision problems; records and reports; examinations; reports; appeal; immunity.

60-4,118.03.
Mental, medical, or vision problems; records and reports; examinations; reports; appeal; immunity.
Whenever the director reviews the denial or cancellation of an operator's license because of mental, medical, or vision problems that may affect the person's ability to safely operate a motor vehicle as provided in sections 60-4,114 and 60-4,118, the director may consider records and reports from a qualified physician. The applicant or licensee may cause a written report to be forwarded to the director by a physician of his or her choice pursuant to an immediate appeal to the director under section 60-4,114. The director shall grant reasonable time for the applicant or licensee to submit such records. The director shall give due consideration to any such report.
Reports received by the director for the purpose of assisting the director in determining whether a person is qualified to be licensed shall be for the confidential use of the director and any designees of the director and may not be divulged to any person other than the applicant or licensee or used in evidence in any legal proceeding, except that a report may be admitted in an appeal of an order of the director based on the report. Any person aggrieved by a decision of the director made pursuant to this section may appeal the decision as provided in section 60-4,105.
No person examining any applicant or licensee shall be liable in tort or otherwise for any opinion, recommendation, or report presented to the director if such action was taken in good faith and without malice.
Source
Laws 1994, LB 211, § 7;
Laws 2017, LB644, § 14.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,118.05 - Age requirements; license issued; when.

60-4,118.05.
Age requirements; license issued; when.
(1) No operator's license referred to in section 60-4,118 shall, under any circumstances, be issued to any person who has not attained the age of seventeen years.
(2) No operator's license shall be issued to a person under eighteen years of age applying for an operator's license under section 60-4,118 unless such person:
(a) Has possessed a valid provisional operator's permit for at least a twelve-month period beginning on the date of issuance of such person's provisional operator's permit; and
(b) Has not accumulated three or more points pursuant to section 60-4,182 during the twelve-month period immediately preceding the date of the application for the operator's license.
(3) The department may waive the written examination and the driving test required under section 60-4,118 for any person seventeen to twenty-one years of age applying for his or her initial operator's license if he or she has been issued a provisional operator's permit. The department shall not waive the written examination and the driving test required under this section if the person is applying for a CLP-commercial learner's permit or commercial driver's license or if the operator's license being applied for contains a class or endorsement which is different from the class or endorsement of the provisional operator's permit.
Source
Laws 2001, LB 38, § 31;
Laws 2008, LB911, § 14;
Laws 2014, LB983, § 19.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,118.06 - Ignition interlock permit; issued; when; operation restriction; revocation of permit by director; when.

60-4,118.06.
Ignition interlock permit; issued; when; operation restriction; revocation of permit by director; when.
(1) Upon receipt by the director of (a) a certified copy of a court order issued pursuant to section 60-6,211.05, a certified copy of an order for installation of an ignition interlock device and issuance of an ignition interlock permit pursuant to section 60-6,197.03, or a copy of an order from the Board of Pardons pursuant to section 83-1,127.02, (b) sufficient evidence that the person has surrendered his or her operator's license to the department and installed an approved ignition interlock device in accordance with such order, and (c) payment of the fee provided in section 60-4,115, such person may apply for an ignition interlock permit. A person subject to administrative license revocation under sections 60-498.01 to 60-498.04 shall be eligible for an ignition interlock permit as provided in such sections. The director shall issue an ignition interlock permit only for the operation of a motor vehicle equipped with an ignition interlock device. All permits issued pursuant to this subsection shall indicate that the permit is not valid for the operation of any commercial motor vehicle.
(2) Upon expiration of the revocation period or upon expiration of an order issued by the Board of Pardons pursuant to section 83-1,127.02, a person may apply to the department in writing for issuance of an operator's license. Regardless of whether the license surrendered by such person under subsection (1) of this section has expired, the person shall apply for a new operator's license pursuant to the Motor Vehicle Operator's License Act.
(3)(a) An ignition interlock permit shall not be issued under this section or sections 60-498.01 to 60-498.04 to any person except in cases of a violation of subdivision (3)(b) or (c) of section 28-306, subdivision (3)(b) or (c) of section 28-394, or section 28-1254, 60-6,196, 60-6,197, 60-6,197.06, or 60-6,198.
(b) An ignition interlock permit shall only be available to a holder of a Class M or O operator's license.
(4) The director shall revoke a person's ignition interlock permit issued under this section or sections 60-498.01 to 60-498.04 upon receipt of an (a) abstract of conviction indicating that the person had his or her operating privileges revoked or canceled or (b) administrative order revoking or canceling the person's operating privileges, if such conviction or order resulted from an incident other than the incident which resulted in the application for the ignition interlock permit.
Source
Laws 2001, LB 38, § 32;
Laws 2003, LB 209, § 9;
Laws 2008, LB736, § 5;
Laws 2009, LB497, § 4;
Laws 2010, LB924, § 2;
Laws 2011, LB667, § 29;
Laws 2012, LB751, § 25;
Laws 2013, LB158, § 2;
Laws 2019, LB269, § 3.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,119 - Operators' licenses; state identification cards; digital image and digital signature; issuance; procedure.

60-4,119.
Operators' licenses; state identification cards; digital image and digital signature; issuance; procedure.
(1) All state identification cards and operators' licenses, except farm permits, shall include a digital image and a digital signature of the cardholder or licensee as provided in section 60-484.02. Receipts for state identification cards and operators' licenses shall include a digital image of the cardholder or licensee and shall be issued by the county treasurer or the Department of Motor Vehicles. The director shall negotiate and enter into a contract to provide the necessary equipment, supplies, and forms for the issuance of the licenses and cards. All costs incurred by the Department of Motor Vehicles under this section shall be paid by the state out of appropriations made to the department. All costs of capturing the digital images and digital signatures shall be paid by the issuer from the fees provided to the issuer pursuant to section 60-4,115.
(2) A person who is out of the state at the time of renewal of his or her operator's license may apply for a license upon payment of a fee as provided in section 60-4,115. The license may be issued at any time within one year after the expiration of the original license. Such application shall be made to the department, and the department shall issue the license.
(3) Any operator's license and any state identification card issued to a minor as defined in section 53-103.23, as such definition may be amended from time to time by the Legislature, shall be of a distinct designation, of a type prescribed by the director, from the operator's license or state identification card of a person who is not a minor.
Source
Laws 1977, LB 90, § 1;
Laws 1978, LB 574, § 3;
Laws 1981, LB 46, § 1;
Laws 1982, LB 877, § 1;
Laws 1984, LB 811, § 3;
Laws 1986, LB 575, § 1;
Laws 1989, LB 284, § 4;
R.S.1943, (1988), § 60-406.04;
Laws 1989, LB 285, § 69;
Laws 1990, LB 980, § 9;
Laws 1993, LB 201, § 1;
Laws 1995, LB 467, § 13;
Laws 1999, LB 704, § 19;
Laws 2001, LB 574, § 13;
Laws 2005, LB 1, § 6;
Laws 2010, LB861, § 80;
Laws 2014, LB777, § 6;
Laws 2023, LB514, § 21.
Operative Date: June 2, 2023
Annotations
Applicant who otherwise qualifies for a motor vehicle license may not be denied such a license for failure to allow her photograph to be taken when the applicant refuses to have photograph taken because of deeply held religious beliefs. Quaring v. Peterson, 728 F.2d 1121 (8th Cir. 1984).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,120.02 - Provisional operator's permit; violations; revocation; not eligible for ignition interlock permit.

60-4,120.02.
Provisional operator's permit; violations; revocation; not eligible for ignition interlock permit.
(1) Any person convicted of violating a provisional operator's permit issued pursuant to section 60-4,120.01 by operating a motor vehicle in violation of subsection (3) of such section shall be guilty of an infraction and may have his or her provisional operator's permit revoked by the court pursuant to section 60-496 for a time period specified by the court. Before such person applies for another provisional operator's permit, he or she shall pay a reinstatement fee as provided in section 60-499.01 after the period of revocation has expired.
(2) A copy of an abstract of the court's conviction, including an adjudication, shall be transmitted to the director pursuant to sections 60-497.01 to 60-497.04.
(3) Any person who holds a provisional operator's permit and has violated subdivision (3)(b) or (c) of section 28-306, subdivision (3)(b) or (c) of section 28-394, or section 28-1254, 60-6,196, 60-6,197, 60-6,197.06, or 60-6,198 shall not be eligible for an ignition interlock permit.
(4) For purposes of this section, conviction includes any adjudication of a juvenile.
Source
Laws 1998, LB 320, § 8;
Laws 1999, LB 704, § 21;
Laws 2001, LB 38, § 33;
Laws 2012, LB751, § 27;
Laws 2019, LB269, § 4.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,121 - Military service; renewal of operator's license; period valid.

60-4,121.
Military service; renewal of operator's license; period valid.
(1) The operator's license of any person serving on active duty, other than members of the National Guard or reserves activated for training purposes only, outside the State of Nebraska as a member of the United States Armed Forces, or the spouse of any such person or a dependent of such member of the armed forces, shall be valid during such person's period of active duty and for not more than sixty days immediately following such person's date of separation from service.
(2) Each individual who is applying for renewal of his or her operator's license shall submit his or her previous license to the department personnel or, when the previous license is unavailable, furnish proof of identification in accordance with section 60-484.
Source
Laws 1929, c. 148, § 8, p. 516;
C.S.1929, § 60-408;
Laws 1937, c. 141, § 18, p. 515;
C.S.Supp.,1941, § 60-408;
R.S.1943, § 60-411;
Laws 1945, c. 141, § 7, p. 453;
Laws 1947, c. 207, § 4, p. 678;
Laws 1961, c. 315, § 8, p. 1004;
Laws 1961, c. 316, § 8, p. 1014;
Laws 1967, c. 389, § 2, p. 1213;
Laws 1967, c. 234, § 5, p. 625;
Laws 1971, LB 244, § 1;
Laws 1982, LB 877, § 2;
Laws 1984, LB 811, § 5;
Laws 1985, LB 240, § 1;
Laws 1989, LB 284, § 7;
R.S.1943, (1988), § 60-411;
Laws 1989, LB 285, § 71;
Laws 1996, LB 974, § 2;
Laws 1997, LB 22, § 1;
Laws 1999, LB 704, § 22;
Laws 2011, LB215, § 16.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,123 - LPD-learner's permit; application; issuance; operation restrictions.

60-4,123.
LPD-learner's permit; application; issuance; operation restrictions.
(1) Any person who is at least fifteen years of age may apply for an LPD-learner's permit from the department. In order to obtain an LPD-learner's permit, the applicant shall successfully complete a written examination. A person may take the written examination beginning sixty days prior to his or her fifteenth birthday but shall not be issued a permit until he or she is fifteen years of age. The written examination may be waived for any person who has been issued an LPE-learner's permit, LPD-learner's permit, or SCP-school permit that has been expired for no more than one year.
(2) Upon successful completion of the written examination and the payment of a fee and surcharge as prescribed in section 60-4,115, the applicant shall be issued an LPD-learner's permit as provided in section 60-4,113. The permit shall be valid for twelve months.
(3)(a) The holder of an LPD-learner's permit shall only operate a motor vehicle on the highways of this state if he or she is accompanied at all times by a licensed operator who is at least twenty-one years of age and who has been licensed by this state or another state and if (i) for all motor vehicles other than autocycles, motorcycles, or mopeds, he or she is actually occupying the seat beside the licensed operator, (ii) in the case of an autocycle, he or she is actually occupying the seat beside or in front of the licensed operator, or (iii) in the case of a motorcycle, other than an autocycle, or a moped, he or she is within visual contact of and under the supervision of, in the case of a motorcycle, a licensed motorcycle operator or, in the case of a moped, a licensed motor vehicle operator.
(b) The holder of an LPD-learner's permit shall not use any type of interactive wireless communication device while operating a motor vehicle on the highways of this state. Enforcement of this subdivision shall be accomplished only as a secondary action when the holder of the LPD-learner's permit has been cited or charged with a violation of some other law.
(4) Department personnel or the county treasurer shall collect the fee and surcharge prescribed in section 60-4,115 for the issuance of each LPD-learner's permit.
Source
Laws 1989, LB 285, § 73;
Laws 1991, LB 44, § 3;
Laws 1998, LB 320, § 10;
Laws 1999, LB 704, § 24;
Laws 2001, LB 574, § 17;
Laws 2005, LB 675, § 3;
Laws 2007, LB415, § 5;
Laws 2008, LB911, § 17;
Laws 2015, LB231, § 23;
Laws 2016, LB311, § 14;
Laws 2018, LB909, § 80.