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2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-531 - Proof of financial responsibility; nonresident; certificate of insurance; requirements.

60-531.
Proof of financial responsibility; nonresident; certificate of insurance; requirements.
The nonresident owner of a motor vehicle not registered in this state may give proof of financial responsibility by filing with the department a written certificate or certificates of an insurance carrier authorized to transact business in this state or any other state in which the motor vehicle or motor vehicles described in such certificate are registered or, if such nonresident does not own a motor vehicle, in the state in which the insured resides. The department shall accept the same upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified: (1) The insurance carrier shall execute an acknowledgment that the carrier shall be amenable to process issued by a court of this state in any action upon such policy; and (2) the insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued herein.
Source
Laws 1949, c. 178, § 31, p. 494;
Laws 1983, LB 447, § 79;
Laws 1997, LB 10, § 3.
Annotations
An endorsement which is not misleading, ambiguous, or conflicting, which amends an omnibus clause in an uncertified automobile liability insurance policy by limiting the application of the omnibus clause to use of the automobile by a person over the age of twenty-five years, except for the insured or any resident of his household, is not proscribed by statute, nor is it against public policy. Equity Mut. Ins. Co. v. Allstate Ins. Co., 190 Neb. 515, 209 N.W.2d 592 (1973).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-532 - Insurance carrier not authorized to transact business in state; defaults; effect.

60-532.
Insurance carrier not authorized to transact business in state; defaults; effect.
If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the department shall not thereafter accept as proof any certificate of said carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.
Source
Laws 1949, c. 178, § 32, p. 495.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-533 - Motor vehicle liability policy, defined.

60-533.
Motor vehicle liability policy, defined.
A motor vehicle liability policy, as said term is used in sections 60-501 to 60-569, shall mean an owner's or an operator's policy of liability insurance, certified as provided in sections 60-529 to 60-531 as proof of financial responsibility, and issued, except as otherwise provided in section 60-531 by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
Source
Laws 1949, c. 178, § 33, p. 495.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-535 - Policy; coverage for nonowned vehicle.

60-535.
Policy; coverage for nonowned vehicle.
Such motor vehicle liability policy shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth in section 60-534 with respect to a motor vehicle liability policy.
Source
Laws 1949, c. 178, § 35, p. 496;
Laws 1965, c. 389, § 2, p. 1246.
Annotations
This section applies only to policies which have been filed with the Nebraska Department of Motor Vehicles and certified as proof of future financial responsibility pursuant to the requirements of the Motor Vehicle Safety Responsibility Act. Allied Mut. Ins. Co. v. Musil, 242 Neb. 64, 493 N.W.2d 171 (1992).
This section controls over a conflicting exclusionary clause in operator's policy of liability insurance. Rudder v. American Standard Ins. Co. of Wisconsin, 187 Neb. 778, 194 N.W.2d 175 (1972).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-536 - Policy; requirements.

60-536.
Policy; requirements.
Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in sections 60-501 to 60-569 as respects bodily injury and death or property damage, or both, and is subject to all the provisions of sections 60-501 to 60-569.
Source
Laws 1949, c. 178, § 36, p. 496.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-537 - Policy; provisions excluded.

60-537.
Policy; provisions excluded.
Such motor vehicle liability policy shall not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of any such motor vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.
Source
Laws 1949, c. 178, § 37, p. 496;
Laws 1986, LB 811, § 140.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-538 - Policy; mandatory provisions.

60-538.
Policy; mandatory provisions.
Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein: (1) The liability of the insurance carrier with respect to the insurance required by sections 60-501 to 60-569 shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of said policy shall defeat or void said policy; (2) the satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage; (3) the insurance carrier shall have the right to settle any claim covered by the policy and, if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in subsection (2) of section 60-534; and (4) the policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of sections 60-501 to 60-569 shall constitute the entire contract between the parties.
Source
Laws 1949, c. 178, § 38, p. 496.
Annotations
Operation of newly acquired automobile without notifying the insurer does not constitute defense against third-party claim. Smith v. Canal Ins. Co., 184 Neb. 866, 173 N.W.2d 36 (1969).
The first accident is not within the purview of this act. Reserve Ins. Co. v. Aguilera, 181 Neb. 605, 150 N.W.2d 114 (1967).
Coverage of policy not certified was not limited by lower limits of statute. Universal Underwriters Ins. Co. v. Wagner, 367 F.2d 866 (8th Cir. 1966).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-539 - Policy; additional coverage; not covered in term.

60-539.
Policy; additional coverage; not covered in term.
Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to the provisions of sections 60-501 to 60-569. With respect to a policy which grants such excess or additional coverage the term motor vehicle liability policy shall apply only to that part of the coverage which is required by sections 60-533 to 60-543.
Source
Laws 1949, c. 178, § 39, p. 497.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-540 - Policy; permissible provisions.

60-540.
Policy; permissible provisions.
Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of sections 60-501 to 60-569.
Source
Laws 1949, c. 178, § 40, p. 497.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-543 - Policy; binder issued pending issuance of policy.

60-543.
Policy; binder issued pending issuance of policy.
Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Source
Laws 1949, c. 178, § 43, p. 498.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-544 - Policy; notice of cancellation or termination of certified policy.

60-544.
Policy; notice of cancellation or termination of certified policy.
When an insurance carrier has certified a motor vehicle liability policy under sections 60-529 to 60-531, the insurance so certified shall not be canceled or terminated until at least ten days after a notice of cancellation or termination of the insurance so certified is mailed to the insured. If the insurance is not reinstated by the insured within ten days, the insurance carrier shall provide notice to the department by filing a notice of the cancellation or termination in the office of the department. A motor vehicle liability policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
Source
Laws 1949, c. 178, § 44, p. 498;
Laws 1999, LB 704, § 46.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-545 - Sections; applicability to policies issued under other laws.

60-545.
Sections; applicability to policies issued under other laws.
Sections 60-501 to 60-569 shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform to the requirements of sections 60-501 to 60-569, may be certified as proof of financial responsibility under sections 60-501 to 60-569.
Source
Laws 1949, c. 178, § 45, p. 498.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-546 - Sections; applicability to policies on employee use of nonowned vehicles.

60-546.
Sections; applicability to policies on employee use of nonowned vehicles.
Sections 60-501 to 60-569 shall not be held to apply to or affect policies solely insuring the insured named in the policy against liability resulting from the maintenance or use, by persons in the employ of the insured or on his behalf, of motor vehicles not owned by the insured.
Source
Laws 1949, c. 178, § 46, p. 498.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-547 - Bond; proof of financial responsibility.

60-547.
Bond; proof of financial responsibility.
Proof of financial responsibility may be evidenced by the bond of a surety company duly authorized to transact business within this state, or a bond with at least two individual sureties who each own real estate within this state, which real estate shall be scheduled in the bond approved by a judge of a court of record. The bond shall be conditioned for the payment of the amounts specified in subdivision (14) of section 60-501. It shall be filed with the department and shall not be cancelable except after ten days' written notice to the department. Such bond shall constitute a lien in favor of the state upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a motor vehicle after such bond was filed, upon the filing of notice to that effect by the department in the office of the register of deeds of the county where such real estate shall be located.
Source
Laws 1949, c. 178, § 47, p. 498;
Laws 2010, LB650, § 34;
Laws 2011, LB289, § 28;
Laws 2012, LB1155, § 17;
Laws 2019, LB156, § 15.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-548 - Bond; action on in name of state; when.

60-548.
Bond; action on in name of state; when.
If such a judgment, rendered against the principal on such bond, shall not be satisfied within sixty days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of the state against the company or persons executing such bond, including an action in equity to foreclose any lien that may exist upon the real estate of a person who has executed such bond.
Source
Laws 1949, c. 178, § 48, p. 499.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-549 - Deposits with State Treasurer; amount required; proof of financial responsibility.

60-549.
Deposits with State Treasurer; amount required; proof of financial responsibility.
Proof of financial responsibility may be evidenced by the certificate of the State Treasurer that the person named in the certificate has deposited with him or her seventy-five thousand dollars per vehicle in cash or securities such as may legally be purchased by savings banks or for trust funds of a market value of seventy-five thousand dollars. The State Treasurer shall not accept any such deposit and issue a certificate therefor and the department shall not accept such certificate unless it is accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
Source
Laws 1949, c. 178, § 49, p. 499;
Laws 1959, c. 299, § 4, p. 1126;
Laws 1975, LB 264, § 2;
Laws 1988, LB 1051, § 1.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-550 - Cash deposits with State Treasurer; execution; not subject to attachment.

60-550.
Cash deposits with State Treasurer; execution; not subject to attachment.
Such deposit shall be held by the State Treasurer to satisfy, in accordance with the provisions of sections 60-501 to 60-569, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.
Source
Laws 1949, c. 178, § 50, p. 499.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-550.01 - Cash deposits with State Treasurer; judgment creditor; payment.

60-550.01.
Cash deposits with State Treasurer; judgment creditor; payment.
Upon receipt by the department of a certified copy of a final judgment secured against a depositor, such judgment having been granted for damages arising out of the accident which caused the depositing of security under the Motor Vehicle Safety Responsibility Act, the department shall, by voucher addressed to the Director of Administrative Services, cause the payment of the deposited security to the judgment creditor in accordance with the terms of the judgment and, if it appears there is no further liability to any persons arising out of such accident, the department shall, upon its voucher to the Director of Administrative Services, cause the balance remaining, if any, to be returned to the depositor or his or her personal representative.
Source
Laws 1953, c. 220, § 1, p. 774;
Laws 1957, c. 366, § 46, p. 1279;
Laws 2021, LB174, § 27.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-551 - Owner may give proof for others.

60-551.
Owner may give proof for others.
Whenever any person required to give proof of financial responsibility hereunder is or later becomes an operator in the employ of any owner, or is or later becomes a member of the immediate family or household of the owner, the department shall accept proof given by such owner in lieu of proof by such other person to permit such other person to operate a motor vehicle for which the owner has given proof as herein provided. The department shall designate the restrictions imposed by this section on the back of such person's license.
Source
Laws 1949, c. 178, § 51, p. 500.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-552 - Substitution of proof of financial responsibility.

60-552.
Substitution of proof of financial responsibility.
The department shall consent to the cancellation of any bond or certificate of insurance or the department shall direct and the State Treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to sections 60-501 to 60-569.
Source
Laws 1949, c. 178, § 52, p. 500.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-553 - Additional proof required; suspend license and registration until furnished.

60-553.
Additional proof required; suspend license and registration until furnished.
Whenever any proof of financial responsibility, filed under the provisions of sections 60-501 to 60-569, no longer fulfills the purposes for which required, the department shall, for the purpose of sections 60-501 to 60-569, require other proof as required by sections 60-501 to 60-569 and shall suspend the license and registration or the nonresident's operating privilege pending the filing of such other proof.
Source
Laws 1949, c. 178, § 53, p. 500.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-554 - Duration of proof; when proof may be canceled or returned; waiver of requirement of filing.

60-554.
Duration of proof; when proof may be canceled or returned; waiver of requirement of filing.
(1) The department shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the department shall direct and the State Treasurer shall return to the person entitled thereto any money or securities, deposited pursuant to the Motor Vehicle Safety Responsibility Act as proof of financial responsibility, or the department shall waive the requirement of filing proof, in any of the following events:
(a) At any time after three years from the date such proof was required when, during the three-year period preceding the request, the department has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration, or nonresident's operating privilege of the person by or for whom such proof was furnished;
(b) In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or
(c) In the event the person who has given proof surrenders his or her license and registration to the department, except that the department shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages, upon a liability covered by such proof, is then pending or a judgment upon any such liability is then unsatisfied, or in the event the person who has filed such bond or deposited such money or securities has, within two years immediately preceding such request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that the applicant has been released from all of his or her liability, or has been finally adjudicated not to be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.
(2) Whenever any person, whose proof has been canceled or returned under subdivision (1)(c) of this section applies for a license or registration within a period of three years from the date such proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof for the remainder of such three-year period.
Source
Laws 1949, c. 178, § 54, p. 500;
Laws 1959, c. 298, § 18, p. 1120;
Laws 2021, LB174, § 28.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-555 - Transfer of registration to defeat purpose of sections; prohibited.

60-555.
Transfer of registration to defeat purpose of sections; prohibited.
If an owner's registration has been suspended hereunder, such registration shall not be transferred nor the motor vehicle in respect of which such registration was issued registered in any other name after the date of the accident until the department is satisfied that such transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of sections 60-501 to 60-569. Nothing in this section shall be held to apply to or affect the registration of any motor vehicle sold by a person who, pursuant to the terms or conditions of any written instrument giving a right of repossession, has exercised such right and has repossessed such motor vehicle from a person whose registration has been suspended under the provisions of sections 60-501 to 60-569.
Source
Laws 1949, c. 178, § 55, p. 501.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-556 - Surrender of license and registration; failure; department to obtain possession; peace or law enforcement officer; duties.

60-556.
Surrender of license and registration; failure; department to obtain possession; peace or law enforcement officer; duties.
(1) Any person (a) whose license or registration shall have been suspended as herein provided, (b) whose policy of insurance or bond, when required under sections 60-501 to 60-569, shall have been canceled or terminated, or (c) who shall neglect to furnish other proof upon the request of the department shall immediately return his or her license and registration to the department. If any person shall fail to return to the department the license or registration as provided herein, the department shall forthwith direct any peace officer or authorized representative of the department to secure possession thereof and to return the same to the department.
(2) It shall be the duty of the peace officer or law enforcement officer who is directed to secure possession of the license and registration under subsection (1) of this section to make every reasonable effort to secure the license and registration and return such to the department or to show good cause, as that is determined by the department, why such license or registration is unable to be returned.
Source
Laws 1949, c. 178, § 56, p. 502;
Laws 1953, c. 207, § 10, p. 727;
Laws 1980, LB 672, § 2;
Laws 1981, LB 174, § 3.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-557 - License, registration, or nonresident's operating privilege; operating motor vehicle while suspended or revoked; effect.

60-557.
License, registration, or nonresident's operating privilege; operating motor vehicle while suspended or revoked; effect.
Any person whose license, registration, or nonresident's operating privilege has been suspended or revoked under the Motor Vehicle Safety Responsibility Act and who, during such suspension or revocation, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except as permitted under the act, shall be subject to section 60-4,108.
Source
Laws 1949, c. 178, § 57, p. 502;
Laws 1959, c. 293, § 6, p. 1100;
Laws 1989, LB 25, § 1;
Laws 1989, LB 285, § 131;
Laws 2001, LB 38, § 41.
Annotations
This section sets forth the penalty for violation of Safety Responsibility Act. State v. Ruggiere, 180 Neb. 869, 146 N.W.2d 373 (1966).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-558 - Failure to return license or registration; penalty.

60-558.
Failure to return license or registration; penalty.
Any person willfully failing to return the license or registration, as required in section 60-556, shall be guilty of a Class III misdemeanor.
Source
Laws 1949, c. 178, § 58, p. 502;
Laws 1977, LB 39, § 85.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-559 - Notice; forgery; penalty.

60-559.
Notice; forgery; penalty.
Any person who shall forge or, without authority, sign any notice, provided for under sections 60-507 to 60-509, that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who files or offers for filing any such notice or evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be guilty of a Class I misdemeanor.
Source
Laws 1949, c. 178, § 59, p. 502;
Laws 1977, LB 39, § 86.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-560 - Violations; penalty.

60-560.
Violations; penalty.
Any person who shall violate any provision of sections 60-501 to 60-569 for which no penalty is otherwise provided shall be guilty of a Class III misdemeanor.
Source
Laws 1949, c. 178, § 60, p. 503;
Laws 1977, LB 39, § 87.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-561 - Act; applicability.

60-561.
Act; applicability.
The Motor Vehicle Safety Responsibility Act shall not apply with respect to any motor vehicle owned by the United States, the State of Nebraska, any political subdivision of this state, or any municipality therein. Except for section 60-551, such act shall not apply with respect to any motor vehicle which is subject to the requirements of section 75-307, nor shall sections 60-516 to 60-544 apply to any automobile liability policy which has not been certified as provided in sections 60-528 to 60-531 as proof of financial responsibility.
Source
Laws 1949, c. 178, § 61, p. 503;
Laws 1965, c. 389, § 3, p. 1246;
Laws 1987, LB 149, § 1;
Laws 1993, LB 575, § 46.
Annotations
Amendment in 1965 to this section limited application of Motor Vehicle Safety Responsibility Act to policies certified as proof of financial responsibility. State Farm Mut. Ins. Co. v. Pierce, 182 Neb. 805, 157 N.W.2d 399 (1968).
Amendment of this section in 1965 operated prospectively only. Universal Underwriters Ins. Co. v. Wagner, 367 F.2d 866 (8th Cir. 1966).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-562 - Self-insurer; qualifications.

60-562.
Self-insurer; qualifications.
Any person in whose name more than twenty-five motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department, as provided in section 60-563.
Source
Laws 1949, c. 178, § 62, p. 503.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-563 - Self-insurer; certificate; issuance.

60-563.
Self-insurer; certificate; issuance.
The department may, in its discretion, upon the application of such a person, issue a certificate of self-insurance when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person.
Source
Laws 1949, c. 178, § 63, p. 503.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-564 - Self-insurer; certificate; cancellation; hearing; grounds.

60-564.
Self-insurer; certificate; cancellation; hearing; grounds.
Upon not less than five days' notice and a hearing pursuant to such notice, the department may cancel a certificate of self-insurance upon reasonable grounds. Failure to pay any judgment within thirty days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Source
Laws 1949, c. 178, § 64, p. 503.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-565 - Sections; supplemental to other laws.

60-565.
Sections; supplemental to other laws.
Sections 60-501 to 60-569 shall in no respect be considered as a repeal of the state motor vehicle law, but shall be construed as supplemental thereto.
Source
Laws 1949, c. 178, § 65, p. 503.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-567 - Actions; cumulative.

60-567.
Actions; cumulative.
Nothing in sections 60-501 to 60-569 shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
Source
Laws 1949, c. 178, § 67, p. 504.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-568 - Sections, how construed.

60-568.
Sections, how construed.
Sections 60-501 to 60-569 shall be so interpreted and construed as to effectuate their general purpose to make uniform the laws of those states which enact them.
Source
Laws 1949, c. 178, § 68, p. 504.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-601 - Rules, how cited.

60-601.
Rules, how cited.
Sections 60-601 to 60-6,383 shall be known and may be cited as the Nebraska Rules of the Road.
Source
Laws 1973, LB 45, § 122;
Laws 1989, LB 285, § 9;
Laws 1992, LB 291, § 14;
Laws 1992, LB 872, § 5;
R.S.Supp.,1992, § 39-6,122;
Laws 1993, LB 370, § 97;
Laws 1993, LB 564, § 14;
Laws 1996, LB 901, § 3;
Laws 1996, LB 1104, § 2;
Laws 1997, LB 91, § 1;
Laws 1998, LB 309, § 12;
Laws 1999, LB 585, § 3;
Laws 2001, LB 38, § 42;
Laws 2002, LB 1105, § 448;
Laws 2002, LB 1303, § 10;
Laws 2004, LB 208, § 8;
Laws 2006, LB 853, § 14;
Laws 2006, LB 925, § 4;
Laws 2008, LB736, § 6;
Laws 2008, LB756, § 18;
Laws 2009, LB92, § 1;
Laws 2010, LB650, § 35;
Laws 2010, LB945, § 2;
Laws 2011, LB164, § 1;
Laws 2011, LB289, § 29;
Laws 2011, LB667, § 32;
Laws 2011, LB675, § 4;
Laws 2012, LB751, § 43;
Laws 2012, LB1155, § 18;
Laws 2014, LB1039, § 1;
Laws 2015, LB231, § 27;
Laws 2015, LB641, § 1;
Laws 2016, LB977, § 20;
Laws 2018, LB909, § 93;
Laws 2018, LB1009, § 3;
Laws 2019, LB81, § 1;
Laws 2019, LB156, § 16;
Laws 2023, LB138, § 35.
Operative Date: September 2, 2023
Annotations
Sections 39-601 to 39-6,122 do not apply to the users of a hospital drive that does not fit the statutory definition of a "highway" found in section 39-602. However, common law rules applicable to users of public ways do apply. Bassinger v. Agnew, 206 Neb. 1, 290 N.W.2d 793 (1980) (pursuant to Laws 1993, LB 370, sections 97 to 470, language from sections 39-601 to 39-6,122 was placed in sections 60-601 to 60-6,374. Pursuant to Laws 1993, LB 370, section 120, "highway" is now defined in section 60-624).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-602 - Declaration of legislative purpose.

60-602.
Declaration of legislative purpose.
The purposes and policies of the Nebraska Rules of the Road are:
(1) To make more uniform highway traffic laws between states;
(2) To educate drivers so that they can develop instinctive habits resulting in safer emergency reactions;
(3) To educate drivers and pedestrians of all ages to more readily understand each other's responsibilities and privileges when all obey the same rules;
(4) To promote economic savings by relieving congestion and confusion in traffic;
(5) To increase the efficiency of streets and highways by the application of uniform traffic control devices;
(6) To reduce the huge annual loss of life and property which occurs on Nebraska's highways; and
(7) To assist traffic law enforcement by encouraging voluntary compliance with law through uniform rules.
Source
Laws 1973, LB 45, § 1;
R.S.1943, (1988), § 39-601;
Laws 1993, LB 370, § 98.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-603 - Rules; not retroactive.

60-603.
Rules; not retroactive.
The Nebraska Rules of the Road as enacted by Laws 1993, LB 370, shall not have a retroactive effect and shall not apply to any traffic accident, to any cause of action arising out of a traffic accident or judgment arising therefrom, or to any violation of the motor vehicle laws of this state occurring prior to January 1, 1994. All violations, offenses, prosecutions, and criminal appeals under prior law are saved and preserved. All civil causes of action based upon or under prior law arising out of traffic accidents prior to such date and judgments thereon or appeals therefrom are saved and preserved.
Source
Laws 1973, LB 45, § 120;
R.S.1943, (1988), § 39-6,120;
Laws 1993, LB 370, § 99.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-604 - Construction of rules.

60-604.
Construction of rules.
The Nebraska Rules of the Road shall be so interpreted and construed as to effectuate their general purpose to make uniform the laws relating to motor vehicles.
Source
Laws 1973, LB 45, § 121;
R.S.1943, (1988), § 39-6,121;
Laws 1993, LB 370, § 100.
Annotations
Sections 39-601 to 39-6,122 do not apply to the users of a hospital drive that does not fit the statutory definition of a "highway" found in section 39-602. However, common law rules applicable to users of public ways do apply. Bassinger v. Agnew, 206 Neb. 1, 290 N.W.2d 793 (1980) (pursuant to Laws 1993, LB 370, sections 97 to 470, language from sections 39-601 to 39-6,122 was placed in sections 60-601 to 60-6,374. Pursuant to Laws 1993, LB 370, section 120, "highway" is now defined in section 60-624).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-605 - Definitions, where found.

60-605.
Definitions, where found.
For purposes of the Nebraska Rules of the Road, the definitions found in sections 60-606 to 60-676 shall be used.
Source
Laws 1993, LB 370, § 101;
Laws 1996, LB 901, § 4;
Laws 1997, LB 91, § 2;
Laws 2001, LB 38, § 43;
Laws 2006, LB 853, § 15;
Laws 2006, LB 925, § 5;
Laws 2008, LB756, § 19;
Laws 2010, LB650, § 36;
Laws 2011, LB289, § 30;
Laws 2012, LB1155, § 19;
Laws 2015, LB231, § 28;
Laws 2018, LB1009, § 4;
Laws 2019, LB81, § 2;
Laws 2019, LB156, § 17;
Laws 2023, LB138, § 36.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-606 - Acceleration or deceleration lane, defined.

60-606.
Acceleration or deceleration lane, defined.
Acceleration or deceleration lane shall mean a supplementary lane of a highway lane for traffic, which adjoins the traveled lanes of a highway and connects an approach or exit road with such highway.
Source
Laws 1993, LB 370, § 102.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-608 - Approach or exit road, defined.

60-608.
Approach or exit road, defined.
Approach or exit road shall mean any highway or ramp designed and used solely for the purpose of providing ingress or egress to or from an interchange or rest area of a highway. An approach road shall begin at the point where it intersects with any highway not a part of the highway for which such approach road provides access and shall terminate at the point where it merges with an acceleration lane of a highway. An exit road shall begin at the point where it intersects with a deceleration lane of a highway and shall terminate at the point where it intersects any highway not a part of a highway from which the exit road provides egress.
Source
Laws 1993, LB 370, § 104.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-610 - Authorized emergency vehicle, defined.

60-610.
Authorized emergency vehicle, defined.
Authorized emergency vehicle shall mean such fire department vehicles, police vehicles, rescue vehicles, and ambulances as are publicly owned, such other publicly or privately owned vehicles as are designated by the Director of Motor Vehicles, and such publicly owned military vehicles of the National Guard as are designated by the Adjutant General pursuant to section 55-133.
Source
Laws 1993, LB 370, § 106;
Laws 2008, LB196, § 2.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-610.01 - Autocycle, defined.

60-610.01.
Autocycle, defined.
Autocycle means any motor vehicle (1) having a seat that does not require the operator to straddle or sit astride it, (2) designed to travel on three wheels in contact with the ground, (3) having antilock brakes, (4) designed to be controlled with a steering wheel and pedals, and (5) in which the operator and passenger ride either side by side or in tandem in a seating area that is equipped with a manufacturer-installed three-point safety belt system for each occupant and that has a seating area that either (a) is completely enclosed and is equipped with manufacturer-installed airbags and a manufacturer-installed roll cage or (b) is not completely enclosed and is equipped with a manufacturer-installed rollover protection system.
Source
Laws 2015, LB231, § 29;
Laws 2018, LB909, § 94.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-611 - Bicycle, defined.

60-611.
Bicycle, defined.
Bicycle shall mean:
(1) Every device propelled solely by human power, upon which any person may ride, and having two, three, or four wheels any one or more of which being more than fourteen inches in diameter; and
(2) An electric bicycle.
Source
Laws 1993, LB 370, § 107;
Laws 2015, LB95, § 10;
Laws 2023, LB138, § 37.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-613 - Business district, defined.

60-613.
Business district, defined.
Business district shall mean the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, office buildings, railroad stations, or public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of a highway.
Source
Laws 1993, LB 370, § 109.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-614 - Cabin trailer, defined.

60-614.
Cabin trailer, defined.
Cabin trailer shall mean a trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place, whether used for such purposes or instead permanently or temporarily for the advertising, sale, display, or promotion of merchandise or services or for any other commercial purpose except transportation of property for hire or transportation of property for distribution by a private carrier. Cabin trailer shall not mean a trailer or semitrailer which is permanently attached to real estate. There shall be three classes of cabin trailers:
(1) Camping trailer which shall include cabin trailers one hundred two inches or less in width and forty feet or less in length and adjusted mechanically smaller for towing;
(2) Mobile home which shall include cabin trailers more than one hundred two inches in width or more than forty feet in length; and
(3) Travel trailer which shall include cabin trailers not more than one hundred two inches in width nor more than forty feet in length from front hitch to rear bumper, except as provided in subdivision (2)(k) of section 60-6,288.
Source
Laws 1993, LB 370, § 110;
Laws 1993, LB 575, § 4;
Laws 2001, LB 376, § 2.
Annotations
A manufactured home is a class of cabin trailer for purposes of this section. Green Tree Fin. Servicing v. Sutton, 264 Neb. 533, 650 N.W.2d 228 (2002).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-614.01 - Continuous alcohol monitoring device, defined.

60-614.01.
Continuous alcohol monitoring device, defined.
Continuous alcohol monitoring device means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting such information and tamper attempts regarding such device, regardless of the location of the person being monitored.
Source
Laws 2006, LB 925, § 6.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-614.02 - Class I electric bicycle, defined.

60-614.02.
Class I electric bicycle, defined.
Class I electric bicycle means a device with the following components:
(1) Two, three, or four wheels;
(2) A saddle or seat for the rider;
(3) Fully operative pedals for propulsion by human power; and
(4) An electric motor:
(a) Not exceeding seven hundred fifty watts of power;
(b) That produces no more than one brake horsepower;
(c) Capable of propelling the bicycle at a maximum design speed of no more than twenty miles per hour on level ground;
(d) That only provides power when the rider is pedaling; and
(e) That does not provide power if the electric bicycle is traveling at a speed of more than twenty miles per hour.
Source
Laws 2023, LB138, § 38.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-614.03 - Class II electric bicycle, defined.

60-614.03.
Class II electric bicycle, defined.
Class II electric bicycle means a device with the following components:
(1) Two, three, or four wheels;
(2) A saddle or seat for the rider;
(3) Fully operative pedals for propulsion by human power; and
(4) An electric motor:
(a) Not exceeding seven hundred fifty watts of power;
(b) That produces no more than one brake horsepower;
(c) Capable of propelling the bicycle at a maximum design speed of no more than twenty miles per hour on level ground;
(d) Capable of providing power whether or not the rider is pedaling; and
(e) That does not provide power if the electric bicycle is traveling at a speed of more than twenty miles per hour.
Source
Laws 2023, LB138, § 39.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-614.04 - Class III electric bicycle, defined.

60-614.04.
Class III electric bicycle, defined.
Class III electric bicycle means a device with the following components:
(1) Two, three, or four wheels;
(2) A saddle or seat for the rider;
(3) Fully operative pedals for propulsion by human power; and
(4) An electric motor:
(a) Not exceeding seven hundred fifty watts of power;
(b) That produces no more than one brake horsepower;
(c) Capable of propelling the bicycle at a maximum design speed of no more than twenty-eight miles per hour on level ground;
(d) That only provides power when the rider is pedaling; and
(e) That does not provide power if the electric bicycle is traveling at a speed of more than twenty-eight miles per hour.
Source
Laws 2023, LB138, § 40.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-615 - Controlled-access highway, defined.

60-615.
Controlled-access highway, defined.
Controlled-access highway shall mean every highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or egress from except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway.
Source
Laws 1993, LB 370, § 111.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-616 - Crosswalk, defined.

60-616.
Crosswalk, defined.
Crosswalk shall mean:
(1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of such roadway measured from the curbs or, in the absence of curbs, from the edge of the roadway; or
(2) Any portion of a roadway at an intersection or elsewhere distinctly designated by competent authority and marked for pedestrian crossing by lines, signs, or other devices.
Source
Laws 1993, LB 370, § 112.
Annotations
Crosswalk defined and considered as worded in former section. Therkildsen v. Gottsch, 194 Neb. 729, 235 N.W.2d 622 (1975).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-618.02 - Electric personal assistive mobility device, defined.

60-618.02.
Electric personal assistive mobility device, defined.
Electric personal assistive mobility device shall mean a self-balancing, two-nontandem-wheeled device, designed to transport only one person and containing an electric propulsion system with an average power of seven hundred fifty watts or one horsepower, whose maximum speed on a paved level surface, when powered solely by such a propulsion system and while being ridden by an operator who weighs one hundred seventy pounds, is less than twenty miles per hour.
Source
Laws 2002, LB 1105, § 449.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-620.01 - Former military vehicle, defined.

60-620.01.
Former military vehicle, defined.
Former military vehicle means a motor vehicle that was manufactured for use in any country's military forces and is maintained to accurately represent its military design and markings, regardless of the vehicle's size or weight, but is no longer used, or never was used, by a military force.
Source
Laws 2019, LB156, § 18.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-621 - Freeway, defined.

60-621.
Freeway, defined.
Freeway shall mean a divided arterial highway designed primarily for through traffic with full control of access and with grade separations at all intersecting road crossings, including all interchanges and approach and exit roads thereto.
Source
Laws 1993, LB 370, § 117.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-622 - Full control of access, defined.

60-622.
Full control of access, defined.
Full control of access shall mean that the right of owners or occupants of abutting land or other persons to access or view is fully controlled by public authority having jurisdiction and that such control is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings or intersections at grade or direct private driveway connections.
Source
Laws 1993, LB 370, § 118.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-622.01 - Golf car vehicle, defined.

60-622.01.
Golf car vehicle, defined.
Golf car vehicle means a vehicle that has at least four wheels, has a maximum level ground speed of less than twenty miles per hour, has a maximum payload capacity of one thousand two hundred pounds, has a maximum gross vehicle weight of two thousand five hundred pounds, has a maximum passenger capacity of not more than four persons, is designed and manufactured for operation on a golf course for sporting and recreational purposes, and is not being operated within the boundaries of a golf course.
Source
Laws 2012, LB1155, § 20.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-624 - Highway, defined.

60-624.
Highway, defined.
Highway shall mean the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Source
Laws 1993, LB 370, § 120.
Annotations
A hospital driveway which is privately maintained and subject to use by patients, visitors, and others having legitimate business at the hospital is not a "highway," within the meaning of this section and, therefore, the rules of the road as set forth in sections 39-601 to 39-6,122 do not apply to its use. However, common law applicable to users of public ways does apply. Bassinger v. Agnew, 206 Neb. 1, 290 N.W.2d 793 (1980) (sections 39-601 to 39-6,122 were transferred to Chapter 60, article 6).
Where highway includes two roadways thirty feet apart, each crossing thereof is a separate intersection. Therkildsen v. Gottsch, 194 Neb. 729, 235 N.W.2d 622 (1975).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-624.01 - Idle reduction technology, defined.

60-624.01.
Idle reduction technology, defined.
Idle reduction technology means any device or system of devices that is installed on a heavy-duty diesel-powered on-highway truck or truck-tractor and is designed to provide to such truck or truck-tractor those services, such as heat, air conditioning, or electricity, that would otherwise require the operation of the main drive engine while the truck or truck-tractor is temporarily parked or remains stationary.
Source
Laws 2008, LB756, § 20.