reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,167 - Parking regulations; signs; control by Department of Transportation or local authority.

60-6,167.
Parking regulations; signs; control by Department of Transportation or local authority.
(1) Except as otherwise provided in this section, any vehicle stopped or parked upon a two-way roadway where parking is permitted shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or edge of such roadway. No vehicle shall be parked upon a roadway when there is a shoulder adjacent to the roadway which is available for parking.
(2) Except when otherwise provided by a local authority, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of such roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or edge of the roadway or its left-hand wheels within twelve inches of the left-hand curb or edge of such roadway.
(3) A local authority may permit angle or center parking on any roadway, except that angle or center parking shall not be permitted on any federal-aid highway or on any part of the state highway system unless the Director-State Engineer has determined that such roadway is of sufficient width to permit angle or center parking without interfering with the free movement of traffic.
(4) The Department of Transportation or a local authority may prohibit or restrict stopping, standing, or parking on highways under its respective jurisdiction outside the corporate limits of any city or village and erect and maintain proper and adequate signs thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs.
Source
Laws 1973, LB 45, § 73;
R.S.1943, (1988), § 39-673;
Laws 1993, LB 370, § 263;
Laws 1993, LB 575, § 18;
Laws 2017, LB339, § 208.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,168 - Unattended motor vehicles; conditions.

60-6,168.
Unattended motor vehicles; conditions.
No person having control or charge of a motor vehicle shall allow such vehicle to stand unattended on a highway without first: (1) Stopping the motor of such vehicle; (2) except for vehicles equipped with motor starters that may be actuated without a key, locking the ignition and removing the key from the ignition; (3) effectively setting the brakes thereon; and (4) when standing upon any roadway, turning the front wheels of such vehicle to the curb or side of such roadway.
Source
Laws 1973, LB 45, § 74;
R.S.1943, (1988), § 39-674;
Laws 1993, LB 370, § 264;
Laws 2017, LB263, § 74.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,169 - Limitations on backing vehicles.

60-6,169.
Limitations on backing vehicles.
(1) The driver of a vehicle shall not back such vehicle on any roadway unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back such vehicle upon any roadway or shoulder of any freeway.
Source
Laws 1973, LB 45, § 75;
R.S.1943, (1988), § 39-675;
Laws 1993, LB 370, § 265.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,170 - Obedience to signal indicating approach of train or on-track equipment; prohibited acts.

60-6,170.
Obedience to signal indicating approach of train or on-track equipment; prohibited acts.
(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances set forth in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall not proceed until he or she can do so safely. The requirements of this subsection shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or on-track equipment;
(b) A crossing gate is lowered or a flagperson gives or continues to give a signal of the approach or passage of a railroad train or on-track equipment;
(c) A railroad train or on-track equipment approaching within approximately one-quarter mile of the highway crossing emits a signal audible from such distance and such railroad train or on-track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;
(d) An approaching railroad train or on-track equipment is plainly visible and is in hazardous proximity to such crossing;
(e) A stop sign is erected at such crossing; or
(f) A passive warning device is located at or in advance of such crossing and an approaching railroad train or on-track equipment is audible as described in subdivision (c) of this subsection or plainly visible and in hazardous proximity to such crossing. For purposes of this subdivision, passive warning device means the type of traffic control device, including a sign, marking, or other device, located at or in advance of a railroad grade crossing to indicate the presence of such crossing but which does not change aspect upon the approach or presence of a railroad train or on-track equipment.
(2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
Source
Laws 1973, LB 45, § 55;
R.S.1943, (1988), § 39-655;
Laws 1993, LB 370, § 266;
Laws 2019, LB81, § 4.
Annotations
If there is a reasonable excuse for not seeing an approaching train, such as an obstruction preventing one from seeing the train or a distraction diverting the attention, the question whether traversing a railroad crossing is reasonable is a matter for the jury. Crewdson v. Burlington Northern R. Co., 234 Neb. 631, 452 N.W.2d 270 (1990).
Where train was plainly visible and had emitted a signal within approximately one quarter of a mile from grade crossing which was audible from that distance, this section was clearly applicable to action of decedent prior to collision with train. Wyatt v. Burlington Northern, Inc., 209 Neb. 212, 306 N.W.2d 902 (1981).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,171 - Railroad crossing stop signs; jurisdiction.

60-6,171.
Railroad crossing stop signs; jurisdiction.
The Department of Transportation and local authorities on highways under their respective jurisdictions may designate particularly dangerous highway grade crossings of railroads and erect stop signs at the crossings. When such stop signs are erected, the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon exercising due care.
Source
Laws 1973, LB 45, § 56;
R.S.1943, (1988), § 39-656;
Laws 1993, LB 370, § 267;
Laws 2017, LB339, § 209.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,172 - Buses and school buses required to stop at all railroad grade crossings; exceptions.

60-6,172.
Buses and school buses required to stop at all railroad grade crossings; exceptions.
(1) The driver of any bus carrying passengers for hire or of any school bus, before crossing at grade any track of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching railroad train or on-track equipment and for signals indicating the approach of a railroad train or on-track equipment, except as otherwise provided in the Nebraska Rules of the Road. The driver shall not proceed until he or she can do so safely. After stopping as required by this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such track and the driver shall not shift gears while crossing such track.
(2) No stop shall be made at any such crossing when a peace officer or a flagperson directs traffic to proceed or at an abandoned or exempted grade crossing which is clearly marked as such by or with the consent of competent authority when such markings can be read from the driver's position.
Source
Laws 1973, LB 45, § 57;
Laws 1974, LB 863, § 1;
R.S.1943, (1988), § 39-657;
Laws 1993, LB 370, § 268;
Laws 2019, LB81, § 5.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,173 - Grade crossings; certain carriers; required to stop; exceptions.

60-6,173.
Grade crossings; certain carriers; required to stop; exceptions.
(1) The driver of any vehicle which is required to be placarded pursuant to section 75-364, before crossing at a grade any track of a railroad on streets and highways, shall stop such vehicle not more than fifty feet nor less than fifteen feet from the nearest rail or railroad and while stopped shall listen and look in both directions along the track for an approaching railroad train or on-track equipment. The driver shall not proceed until precaution has been taken to ascertain that the course is clear.
(2) The requirements of subsection (1) of this section shall not apply:
(a) When a peace officer or a flagperson directs traffic to proceed;
(b) At an abandoned or exempted grade crossing which is clearly marked as such by or with the consent of competent authority when such markings can be read from the driver's position; or
(c) At railroad tracks used exclusively for industrial switching purposes within a business district.
(3) Nothing in this section shall be deemed to exempt the driver of any vehicle from compliance with the other requirements contained in the Nebraska Rules of the Road.
Source
Laws 1973, LB 45, § 58;
R.S.1943, (1988), § 39-658;
Laws 1993, LB 370, § 269;
Laws 1998, LB 1056, § 1;
Laws 2019, LB81, § 6.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,174 - Moving heavy equipment at railroad grade crossings; required to stop.

60-6,174.
Moving heavy equipment at railroad grade crossings; required to stop.
(1) No person shall operate or move any crawler-type tractor, any steam shovel, any derrick, any roller, or any equipment or structure having a normal operating speed of ten miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any track at a railroad grade crossing without first complying with this section.
(2) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching railroad train or on-track equipment and for signals indicating the approach of a railroad train or on-track equipment. The person shall not proceed until the crossing can be made safely.
(3) No such crossing shall be made while warning is given by an automatic signal, by crossing gates, by a flagperson, or otherwise of the immediate approach of a railroad train or on-track equipment. If a flagperson is provided by the railroad, movement over the crossing shall be under his or her direction.
Source
Laws 1973, LB 45, § 59;
R.S.1943, (1988), § 39-659;
Laws 1993, LB 370, § 270;
Laws 2019, LB81, § 7.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,177 - Signs relating to overtaking and passing school buses.

60-6,177.
Signs relating to overtaking and passing school buses.
The Department of Transportation shall post on highways of the state highway system outside of business and residential districts signs to the effect that it is unlawful to pass school buses stopped to load or unload children. Such signs shall be adequate in size and number to properly inform the public of the provisions relative to such passing.
Source
Laws 1973, LB 45, § 61;
R.S.1943, (1988), § 39-661;
Laws 1993, LB 370, § 273;
Laws 2017, LB339, § 211.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,178 - Driving upon sidewalk; prohibited; exception.

60-6,178.
Driving upon sidewalk; prohibited; exception.
No person shall drive any vehicle upon a sidewalk except upon a permanent or duly authorized temporary driveway.
Source
Laws 1973, LB 45, § 76;
R.S.1943, (1988), § 39-676;
Laws 1993, LB 370, § 274.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,179 - Overloading front seat or obstructing driver; prohibited.

60-6,179.
Overloading front seat or obstructing driver; prohibited.
(1) No person shall drive a motor vehicle when it is so loaded, or when there is in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of such vehicle.
(2) No passenger in a vehicle shall ride in such a position as to interfere with the driver's view ahead or to the sides or to interfere with the driver's control over the driving mechanism of such vehicle.
Source
Laws 1973, LB 45, § 77;
Laws 1975, LB 252, § 1;
R.S.1943, (1988), § 39-677;
Laws 1993, LB 370, § 275.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,179.01 - Use of handheld wireless communication device; prohibited acts; enforcement; violation; penalty.

60-6,179.01.
Use of handheld wireless communication device; prohibited acts; enforcement; violation; penalty.
(1) This section does not apply to an operator of a commercial motor vehicle if section 60-6,179.02 applies.
(2) Except as otherwise provided in subsection (3) of this section, no person shall use a handheld wireless communication device to read a written communication, manually type a written communication, or send a written communication while operating a motor vehicle which is in motion.
(3) The prohibition in subsection (2) of this section does not apply to:
(a) A person performing his or her official duties as a law enforcement officer, a firefighter, an ambulance driver, or an emergency medical technician; or
(b) A person operating a motor vehicle in an emergency situation.
(4) Enforcement of this section by state or local law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been cited or charged with a traffic violation or some other offense.
(5) Any person who violates this section shall be guilty of a traffic infraction. Any person who is found guilty of a traffic infraction under this section shall be assessed points on his or her motor vehicle operator's license pursuant to section 60-4,182 and shall be fined:
(a) Two hundred dollars for the first offense;
(b) Three hundred dollars for a second offense; and
(c) Five hundred dollars for a third and subsequent offense.
(6) For purposes of this section:
(a) Commercial motor vehicle has the same meaning as in section 75-362;
(b)(i) Handheld wireless communication device means any device that provides for written communication between two or more parties and is capable of receiving, displaying, or transmitting written communication.
(ii) Handheld wireless communication device includes, but is not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant, a pager, or a laptop computer.
(iii) Handheld wireless communication device does not include an electronic device that is part of the motor vehicle or permanently attached to the motor vehicle or a handsfree wireless communication device; and
(c) Written communication includes, but is not limited to, a text message, an instant message, electronic mail, and Internet websites.
Source
Laws 2010, LB945, § 3;
Laws 2012, LB751, § 44;
Laws 2014, LB983, § 55.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,180 - Opening and closing vehicle doors; restriction.

60-6,180.
Opening and closing vehicle doors; restriction.
No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and it can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload property or passengers.
Source
Laws 1973, LB 45, § 78;
R.S.1943, (1988), § 39-678;
Laws 1993, LB 370, § 276.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,181 - Traversing defiles, canyons, or mountain highways; audible warning.

60-6,181.
Traversing defiles, canyons, or mountain highways; audible warning.
The driver of a motor vehicle traversing defiles, canyons, or mountain highways shall hold such motor vehicle under control and as near the right-hand side of the highway as reasonably possible and, upon approaching any curve where the view is obstructed within a distance of two hundred feet along the highway, shall give audible warning with a horn or other device.
Source
Laws 1973, LB 45, § 79;
R.S.1943, (1988), § 39-679;
Laws 1993, LB 370, § 277.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,182 - Traveling on a downgrade; gears; position.

60-6,182.
Traveling on a downgrade; gears; position.
The driver of a motor vehicle when traveling upon a downgrade upon any highway shall not coast with the gears of such vehicle in neutral.
Source
Laws 1973, LB 45, § 80;
R.S.1943, (1988), § 39-680;
Laws 1993, LB 370, § 278.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,183 - Following fire apparatus in response to an alarm; prohibited.

60-6,183.
Following fire apparatus in response to an alarm; prohibited.
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
Source
Laws 1973, LB 45, § 81;
R.S.1943, (1988), § 39-681;
Laws 1993, LB 370, § 279.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,184 - Restrictions on driving over unprotected fire hose.

60-6,184.
Restrictions on driving over unprotected fire hose.
No vehicle shall be driven over unprotected hose of a fire department when laid down on any highway or private road or driveway, in use or to be used at any fire or alarm of fire, without the consent of the fire department official in command.
Source
Laws 1973, LB 45, § 82;
R.S.1943, (1988), § 39-682;
Laws 1993, LB 370, § 280.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,185 - Basic rule; speed.

60-6,185.
Basic rule; speed.
No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. A person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
Source
Laws 1993, LB 370, § 281.
Cross References
Operator's license, assessment of points for speeding, see section 60-4,182 et seq.
Annotations
This section is not unconstitutional. State v. Padley, 195 Neb. 358, 237 N.W.2d 883 (1976).
Unreasonable classification of persons is not created hereby. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,186 - Speed; maximum limits; signs.

60-6,186.
Speed; maximum limits; signs.
(1) Except when a special hazard exists that requires lower speed for compliance with section 60-6,185, the limits set forth in this section and sections 60-6,187, 60-6,188, 60-6,305, and 60-6,313 shall be the maximum lawful speeds unless reduced pursuant to subsection (2) of this section, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits:
(a) Twenty-five miles per hour in any residential district;
(b) Twenty miles per hour in any business district;
(c) Fifty miles per hour upon any highway that is gravel or not dustless surfaced;
(d) Fifty-five miles per hour upon any dustless-surfaced highway not a part of the state highway system;
(e) Sixty-five miles per hour upon any four-lane divided highway not a part of the state highway system;
(f) Sixty-five miles per hour upon any part of the state highway system other than an expressway, a super-two highway, or a freeway;
(g) Seventy miles per hour upon an expressway or a super-two highway that is part of the state highway system;
(h) Seventy miles per hour upon a freeway that is part of the state highway system but not part of the National System of Interstate and Defense Highways; and
(i) Seventy-five miles per hour upon the National System of Interstate and Defense Highways, except that the maximum speed limit shall be sixty-five miles per hour for:
(i) Any portion of the National System of Interstate and Defense Highways located in Douglas County; and
(ii) That portion of the National System of Interstate and Defense Highways designated as Interstate 180 in Lancaster County and Interstate 129 in Dakota County.
(2) The maximum speed limits established in subsection (1) of this section may be reduced by the Department of Transportation or by local authorities pursuant to section 60-6,188 or 60-6,190.
(3) The Department of Transportation and local authorities may erect and maintain suitable signs along highways under their respective jurisdictions in such number and at such locations as they deem necessary to give adequate notice of the speed limits established pursuant to subsection (1) or (2) of this section upon such highways.
Source
Laws 1973, LB 45, § 62;
Laws 1974, LB 873, § 1;
Laws 1975, LB 381, § 1;
Laws 1977, LB 256, § 1;
Laws 1987, LB 430, § 1;
R.S.1943, (1988), § 39-662;
Laws 1993, LB 370, § 282;
Laws 1996, LB 901, § 7;
Laws 2007, LB35, § 2;
Laws 2017, LB339, § 212;
Laws 2018, LB1009, § 6.
Cross References
Operator's license, assessment of points for speeding, see section 60-4,182 et seq.
Annotations
The statute requiring a driver of a vehicle emerging from a driveway onto a highway to yield the right-of-way to vehicles approaching on such highway applies to a 15-year-old boy riding a bicycle. McFarland v. King, 216 Neb. 92, 341 N.W.2d 920 (1983).
This section is not unconstitutional. State v. Padley, 195 Neb. 358, 237 N.W.2d 883 (1976).
Unreasonable classification of persons is not created hereby. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,187 - Special speed limitations; motor vehicle towing a mobile home; motor-driven cycle.

60-6,187.
Special speed limitations; motor vehicle towing a mobile home; motor-driven cycle.
(1) No person shall operate any motor vehicle when towing a mobile home at a rate of speed in excess of fifty miles per hour.
(2)(a) A person may operate any motor-driven cycle at a speed in excess of thirty-five miles per hour upon a roadway at nighttime if such motor-driven cycle is equipped with a headlight or headlights capable of revealing a person or vehicle in such roadway at least three hundred feet ahead and with a taillight on the rear exhibiting a red light visible, under normal atmospheric conditions, from a distance of at least five hundred feet to the rear of such motor-driven cycle.
(b) A person may operate any motor-driven cycle at a speed in excess of twenty-five miles per hour, but not more than thirty-five miles per hour, upon a roadway at nighttime if such motor-driven cycle is equipped with a headlight or headlights capable of revealing a person or vehicle in such roadway at least one hundred feet ahead, but less than three hundred feet ahead, and with a taillight on the rear exhibiting a red light visible, under normal atmospheric conditions, from a distance of at least five hundred feet to the rear of such motor-driven cycle.
(c) A person shall not operate any motor-driven cycle upon a roadway at nighttime if the headlight or headlights do not reveal a person or vehicle in such roadway at least one hundred feet ahead, or the taillight is not visible, under normal atmospheric conditions, from a distance of at least five hundred feet to the rear of such motor-driven cycle.
Source
Laws 1973, LB 45, § 66;
Laws 1974, LB 873, § 2;
Laws 1975, LB 381, § 2;
Laws 1977, LB 256, § 2;
Laws 1979, LB 23, § 2;
Laws 1987, LB 430, § 2;
Laws 1987, LB 504, § 2;
Laws 1990, LB 369, § 1;
R.S.Supp.,1992, § 39-666;
Laws 1993, LB 370, § 283;
Laws 1996, LB 901, § 8;
Laws 2005, LB 80, § 1.
Cross References
Livestock forage vehicles, speed limits, see section 60-6,305.
Mopeds, maximum speed, see section 60-6,313.
Operator's license, assessment of points for speeding, see section 60-4,182 et seq.
Annotations
Unreasonable classification of persons is not created hereby. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,188 - Construction zone; signs; Director-State Engineer; authority.

60-6,188.
Construction zone; signs; Director-State Engineer; authority.
(1) The maximum speed limit through any maintenance, repair, or construction zone on the state highway system shall be thirty-five miles per hour in rural areas and twenty-five miles per hour in urban areas.
(2) Such speed limits shall take effect only after appropriate signs giving notice of the speed limit are erected or displayed in a conspicuous place in advance of the area where the maintenance, repair, or construction activity is or will be taking place. Such signs shall conform to the manual and shall be regulatory signs imposing a legal obligation and restriction on all traffic proceeding into the maintenance, construction, or repair zone. The signs may be displayed upon a fixed, variable, or movable stand. While maintenance, construction, or repair is being performed, the signs may be mounted upon moving Department of Transportation vehicles displaying such signs well in advance of the maintenance zone.
(3) The Director-State Engineer may increase the speed limit through any highway maintenance, repair, or construction zone in increments of five miles per hour if the speed set does not exceed the maximum speed limits established in sections 60-6,186, 60-6,187, 60-6,189, 60-6,190, 60-6,305, and 60-6,313. The Director-State Engineer may delegate the authority to raise speed limits through any maintenance, repair, or construction zone to any department employee in a supervisory capacity or may delegate such authority to a county, municipal, or local engineer who has the duty to maintain the state highway system in such jurisdiction if the maintenance is performed on behalf of the department by contract with the local authority. Such increased speed limit through a maintenance, repair, or construction zone shall be effective when the Director-State Engineer or any officer to whom authority has been delegated gives a written order for such increase and signs posting such speed limit are erected or displayed.
(4) The Department of Transportation shall post signs in maintenance, repair, or construction zones which inform motorists that the fine for exceeding the posted speed limit in such zones is doubled.
Source
Laws 1993, LB 370, § 284;
Laws 1996, LB 901, § 9;
Laws 2017, LB339, § 213.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,189 - Driving over bridges; maximum speed; determination by Department of Transportation or local authority; effect.

60-6,189.
Driving over bridges; maximum speed; determination by Department of Transportation or local authority; effect.
(1) No person shall drive a vehicle over any public bridge, causeway, viaduct, or other elevated structure at a speed which is greater than the maximum speed which can be maintained with safety thereon when such structure is posted with signs as provided in subsection (2) of this section.
(2) The Department of Transportation or a local authority may conduct an investigation of any bridge or other elevated structure constituting a part of a highway under its jurisdiction, and if it finds that such structure cannot safely withstand vehicles traveling at the speed otherwise permissible, the department or local authority shall determine and declare the maximum speed of vehicles which such structure can safely withstand and shall cause suitable signs stating such maximum speed to be erected and maintained before each end of such structure.
(3) Upon the trial of any person charged with a violation of subsection (1) of this section, proof of such determination of the maximum speed by the department or local authority and the existence of such signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety on such bridge or structure.
Source
Laws 1993, LB 370, § 285;
Laws 2017, LB339, § 214.
Cross References
Operator's license, assessment of points for speeding, see section 60-4,182 et seq.
Annotations
Unreasonable classification of persons is not created hereby. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,193 - Minimum speed regulation; impeding traffic.

60-6,193.
Minimum speed regulation; impeding traffic.
(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
(2) On a freeway no motor vehicle, except emergency vehicles, shall be operated at a speed of less than forty miles per hour or at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for the safe operation of the motor vehicle because of weather, visibility, roadway, or traffic conditions. All vehicles entering or leaving such freeway from an acceleration or deceleration lane shall conform with the minimum speed regulations while they are within the roadway of the freeway. The minimum speed of forty miles per hour may be altered by the Department of Transportation or local authorities on freeways under their respective jurisdictions.
(3) Whenever the department or any local authority within its respective jurisdiction determines on the basis of an engineering and traffic investigation that low speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the department or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
(4) Vehicular, animal, and pedestrian traffic prohibited on freeways by the Nebraska Rules of the Road shall not travel on any other roadway where minimum speed limits of twenty miles per hour or more are posted.
(5) Any minimum speed limit which is imposed under subsection (2) or (3) of this section shall not be effective until appropriate and adequate signs are erected along the roadway affected by such regulation apprising motorists of such limitation.
(6) On any freeway, or other highway providing for two or more lanes of travel in one direction, vehicles shall not intentionally impede the normal flow of traffic by traveling side by side and at the same speed while in adjacent lanes. This subsection shall not be construed to prevent vehicles from traveling side by side in adjacent lanes because of congested traffic conditions.
Source
Laws 1973, LB 45, § 65;
R.S.1943, (1988), § 39-665;
Laws 1993, LB 370, § 289;
Laws 2017, LB339, § 216.
Annotations
Applicability of this section depends on the factual setting; when a motorist's view of a railroad crossing is obstructed, he has no absolute duty to stop before traveling across, but such duty to stop exists where a reasonably prudent person in the exercise of ordinary care would have considered a stop necessary under the circumstances. Anderson v. Union Pacific RR. Co., 229 Neb. 321, 426 N.W.2d 518 (1988).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,194 - Charging violations of speed regulation; summons; burden of proof; elements of offense.

60-6,194.
Charging violations of speed regulation; summons; burden of proof; elements of offense.
(1) In every charge of violation of any speed regulation in the Nebraska Rules of the Road, the complaint and the summons or notice to appear shall specify the speed at which defendant is alleged to have driven and the maximum speed for the type of vehicle involved applicable within the district or at the location. The speed at which defendant is alleged to have driven and the maximum speed are essential elements of the offense and shall be proved by competent evidence.
(2) The provisions of the rules which set maximum speed limitations shall not be construed to relieve the plaintiff in any action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
Source
Laws 1973, LB 45, § 67;
R.S.1943, (1988), § 39-667;
Laws 1993, LB 370, § 290;
Laws 1993, LB 26, § 1.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,195 - Racing on highways; violation; penalty.

60-6,195.
Racing on highways; violation; penalty.
(1) No person shall drive any vehicle on any highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test, or exhibition.
(2) For purposes of this section:
(a) Drag race shall mean the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course, each starting at the same point and proceeding to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit; and
(b) Racing shall mean the use of one or more vehicles in an attempt to outgain or outdistance another vehicle, to prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
(3) Any person convicted of violating this section shall be guilty of a Class II misdemeanor.
Source
Laws 1973, LB 45, § 68;
Laws 1989, LB 285, § 2;
R.S.Supp.,1992, § 39-668;
Laws 1993, LB 370, § 291.
Annotations
Where a person is injured by the racing of two or more other parties on a public highway, all engaged in the race are liable, although only one of the vehicles came in contact with the injured person or the vehicle in which he was riding. Janssen v. Trennepohl, 228 Neb. 6, 421 N.W.2d 4 (1988).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,196.01 - Driving under influence of alcoholic liquor or drug; additional penalty.

60-6,196.01.
Driving under influence of alcoholic liquor or drug; additional penalty.
In addition to any other penalty provided for operating a motor vehicle in violation of section 60-6,196, if a person has a prior conviction as defined in section 60-6,197.02 for a violation punishable as a felony under section 60-6,197.03 and is subsequently found to have operated or been in the actual physical control of any motor vehicle when such person has (1) a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood or (2) a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath, such person shall be guilty of a Class IIIA misdemeanor.
Source
Laws 2011, LB675, § 7.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,197.04 - Driving under influence of alcoholic liquor or drugs; preliminary breath test; refusal; penalty.

60-6,197.04.
Driving under influence of alcoholic liquor or drugs; preliminary breath test; refusal; penalty.
Any peace officer who has been duly authorized to make arrests for violation of traffic laws of this state or ordinances of any city or village may require any person who operates or has in his or her actual physical control a motor vehicle in this state to submit to a preliminary test of his or her breath for alcohol concentration if the officer has reasonable grounds to believe that such person has alcohol in his or her body, has committed a moving traffic violation, or has been involved in a traffic accident. Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol concentration in violation of section 60-6,196 shall be placed under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of a Class V misdemeanor.
Source
Laws 2004, LB 208, § 14.
Annotations
This section is constitutionally valid, facially and as applied to the defendant, and does not conflict with the 4th, 5th, and 14th Amendments to the U.S. Constitution, and Neb. Const. Art. I, secs. 7 and 12, as this section mandates a preliminary breath test, rather than a search incident to lawful arrest addressed in Birchfield v. North Dakota, 579 U.S. 438, 136 S. Ct. 2160, 195 L. Ed. 2d 560 (2016), and where the arresting officer cited specific articulable facts to support administering the preliminary breath test. State v. McCumber, 295 Neb. 941, 893 N.W.2d 411 (2017).
The preliminary test referred to in this section (formerly subsection (3) of section 60-6,197) is a different procedure and not a chemical test that will satisfy requirements for a conviction under subsection (3) (formerly subsection (4) of section 60-6,197). State v. Howard, 253 Neb. 523, 571 N.W.2d 308 (1997).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,197.05 - Driving under influence of alcoholic liquor or drugs; implied consent to chemical test; revocation; effect.

60-6,197.05.
Driving under influence of alcoholic liquor or drugs; implied consent to chemical test; revocation; effect.
Any period of revocation imposed by the court for a violation of section 60-6,196 or 60-6,197 shall be reduced by any period of revocation imposed under sections 60-498.01 to 60-498.04, including any period during which a person has a valid ignition interlock permit or 24/7 sobriety program permit, arising from the same incident.
Source
Laws 2004, LB 208, § 15;
Laws 2009, LB497, § 8;
Laws 2011, LB667, § 36;
Laws 2021, LB271, § 11.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,197.07 - Driving under influence of alcoholic liquor or drugs; implied consent to submit to chemical test; city or village ordinances; authorized.

60-6,197.07.
Driving under influence of alcoholic liquor or drugs; implied consent to submit to chemical test; city or village ordinances; authorized.
Any city or village may enact ordinances in conformance with sections 60-6,196 and 60-6,197. Upon conviction of any person of a violation of such a city or village ordinance, the provisions of sections 60-6,197.02 and 60-6,197.03 with respect to the operator's license of such person shall be applicable the same as though it were a violation of section 60-6,196 or 60-6,197.
Source
Laws 2004, LB 208, § 17.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,197.08 - Driving under influence of alcoholic liquor or drugs; presentence evaluation.

60-6,197.08.
Driving under influence of alcoholic liquor or drugs; presentence evaluation.
Any person who has been convicted of driving while intoxicated shall, during a presentence evaluation, submit to and participate in an alcohol assessment by a licensed alcohol and drug counselor. The alcohol assessment shall be paid for by the person convicted of driving while intoxicated. At the time of sentencing, the judge, having reviewed the assessment results, may then order the convicted person to follow through on the alcohol assessment results at the convicted person's expense in addition to any penalties deemed necessary.
Source
Laws 2004, LB 208, § 18;
Laws 2006, LB 925, § 13.
Annotations
1. Constitutionality
2. Miscellaneous
1. Constitutionality
The provision in this section (formerly subsection (8) of section 60-6,196) requiring the convicted person to pay the expense for the treatment which is a portion of the sentencing order is not intended to be a punishment and therefore provides for neither a fine nor a penalty and does not on its face violate the constitutional prohibitions against excessive fines under Neb. Const. art. I, section 9, or disproportionate penalties under Neb. Const. art. I, section 15. State v. Hynek, 263 Neb. 310, 640 N.W.2d 1 (2002).
This section (formerly subsection (8) of section 60-6,196), which authorizes sentencing courts to impose alternative penalties for individuals convicted of certain driving under the influence offenses, when such individuals have undergone an alcohol assessment, does not violate the distribution of powers clause, Neb. Const. art. II, section 1. This section (formerly subsection (8) of section 60-6,196) is held to be harmonious with other sentencing provisions relating to driving under the influence offenses. State v. Divis, 256 Neb. 328, 589 N.W.2d 537 (1999).
2. Miscellaneous
The purpose of this section (formerly subsection (8) of section 60-6,196) is to provide (1) an alcohol assessment to individuals who have not previously been assessed for alcohol abuse and (2) a tool for courts to review alcohol assessment results prior to sentencing in order to aid in an effective sentencing decision. In those cases where the county court orders an alcohol assessment pursuant to subsection (8) of this section, the court shall follow the mandated statutory procedure and order the convicted offender to participate in the alcohol assessment prior to sentencing. State v. Hansen, 259 Neb. 764, 612 N.W.2d 477 (2000).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,197.09 - Driving under influence of alcoholic liquor or drugs; not eligible for probation or suspended sentence.

60-6,197.09.
Driving under influence of alcoholic liquor or drugs; not eligible for probation or suspended sentence.
Notwithstanding the provisions of section 60-6,197.03, a person who commits a violation punishable under subdivision (3)(b) or (c) of section 28-306 or subdivision (3)(b) or (c) of section 28-394 or a violation of section 60-6,196, 60-6,197, or 60-6,198 while participating in criminal proceedings for a violation of section 60-6,196, 60-6,197, or 60-6,198, or a city or village ordinance enacted in accordance with section 60-6,196 or 60-6,197, or a law of another state if, at the time of the violation under the law of such other state, the offense for which the person was charged would have been a violation of section 60-6,197, shall not be eligible to receive a sentence of probation or a suspended sentence for either violation committed in this state.
Source
Laws 2006, LB 925, § 14;
Laws 2011, LB667, § 37.
Annotations
A certified or duly authenticated copy of the former judgment, from any court in which such judgment was had, for any such crimes formerly committed by the party so charged, if in the presentence investigation report, is sufficient prima facie evidence of such former judgment under this section when the defendant had the opportunity to offer rebuttal evidence at the first and second sentencing hearings, but chose not to do so. State v. Arizola, 295 Neb. 477, 890 N.W.2d 770 (2017).
The imposition of the sentence, absent the pendency of an appeal, concludes the "proceedings" referred to in this section. State v. Lamb, 280 Neb. 738, 789 N.W.2d 918 (2010).
A motion to quash is a procedural prerequisite to facially challenge the constitutionality of this section. State v. Albrecht, 18 Neb. App. 402, 790 N.W.2d 1 (2010).
For the purposes of determining whether a defendant was participating in criminal proceedings, once a defendant has pleaded guilty and such plea was accepted to one charge, the defendant was obviously participating in that criminal proceeding at the time he pleaded to the second charge when both pleas were accepted at the same time. State v. Albrecht, 18 Neb. App. 402, 790 N.W.2d 1 (2010).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,197.10 - Driving under influence of alcohol or drugs; public education campaign; Department of Motor Vehicles; duties.

60-6,197.10.
Driving under influence of alcohol or drugs; public education campaign; Department of Motor Vehicles; duties.
The Department of Motor Vehicles shall conduct an ongoing public education campaign to inform the residents of this state about the dangers and consequences of driving under the influence of alcohol or drugs in this state. Information shall include, but not be limited to, the criminal and administrative penalties for driving under the influence, any related laws, rules, instructions, and any explanatory matter. The department shall use its best efforts to utilize all available opportunities for making public service announcements on television and radio broadcasts for the public education campaign and to obtain and utilize federal funds for highway safety and other grants in conducting the public education campaign. The information may be included in publications containing information related to other motor vehicle laws and shall be given wide distribution by the department.
Source
Laws 2011, LB667, § 38.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,200 - Driving under influence of alcoholic liquor or drugs; chemical test; consent of person incapable of refusal not withdrawn.

60-6,200.
Driving under influence of alcoholic liquor or drugs; chemical test; consent of person incapable of refusal not withdrawn.
Any person who is unconscious or who is otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by section 60-6,197 and the test may be given.
Source
Laws 1959, c. 168, § 3, p. 614;
R.R.S.1943, § 39-727.05;
R.S.1943, (1988), § 39-669.10;
Laws 1993, LB 370, § 295.
Annotations
Defendant found incapable of refusing taking of blood sample. Therefore, consent was implied under this statute. State v. Brittain, 212 Neb. 686, 325 N.W.2d 141 (1982).
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).
To constitute a refusal to submit to a chemical test for alcohol requested under this section the only understanding required by the licensee is an understanding that he has been asked to take a test. Wohlgemuth v. Pearson, 204 Neb. 687, 285 N.W.2d 102 (1979).
Where a person is incapable of refusal by reason of injuries the same may be taken provided other conditions of section 39-669.08 (transferred to section 60-6,197) are met. Mackey v. Director of Motor Vehicles, 194 Neb. 707, 235 N.W.2d 394 (1975).
Blood may be drawn from an unconscious person only upon compliance with the requirements of statutes complimentary hereto. State v. Howard, 193 Neb. 45, 225 N.W.2d 391 (1975).
This section authorizes the taking of test for intoxication even when the defendant is unconscious. State v. Seager, 178 Neb. 51, 131 N.W.2d 676 (1964).
Drawing of blood sample by physician who had been directed to act as coroner's physician from body of fatally injured passenger in automobile did not violate prohibition against unreasonable searches and seizures, and result of tests performed by competent chemist using accepted procedures and facilities were admissible. Gardner v. Meyers, 491 F.2d 1184 (8th Cir. 1974).