reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,149.01 - Commercial drivers' licenses; law examination; exceptions; department; powers and duties.

60-4,149.01.
Commercial drivers' licenses; law examination; exceptions; department; powers and duties.
(1) A commercial driver's license examiner shall not require the commercial driver's license knowledge examination, except the hazardous material portion of the examination and any knowledge examinations not previously taken for that class of commercial motor vehicle or endorsement, if the applicant renews his or her commercial driver's license prior to its expiration or within one year after its expiration and if the applicant's driving record abstract maintained in the department's computerized records shows that his or her commercial driver's license is not suspended, revoked, canceled, or disqualified.
(2)(a) If a nonresident who applies for a commercial driver's license in this state presents a physical or mobile valid commercial driver's license from another state, the department may choose not to require such individual to take the commercial driver's license knowledge examination.
(b) Subdivision (a) of this subsection shall not apply to the hazardous material portion of the examination and any knowledge examinations not previously taken for that class of commercial motor vehicle or endorsement.
(c) A physical commercial driver's license described in subdivision (a) of this subsection shall be surrendered to the department.
(d) Upon issuing a commercial driver's license described in subdivision (a) of this subsection, the department shall notify the state that issued the valid commercial driver's license described in subdivision (a) of this subsection to invalidate such license.
Source
Laws 1993, LB 420, § 9;
Laws 1996, LB 938, § 3;
Laws 1999, LB 704, § 35;
Laws 2001, LB 387, § 9;
Laws 2005, LB 76, § 13;
Laws 2014, LB983, § 37;
Laws 2022, LB750, § 63.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,149.02 - Commercial drivers' licenses; driving skills examination; exemption for driver with military commercial motor vehicle experience; conditions and limitations; applicant; certification.

60-4,149.02.
Commercial drivers' licenses; driving skills examination; exemption for driver with military commercial motor vehicle experience; conditions and limitations; applicant; certification.
A commercial driver's license examiner shall not require the driving skills examination for a commercial motor vehicle driver with military commercial motor vehicle experience who is currently licensed at the time of his or her application for a commercial driver's license and may substitute an applicant's driving record in combination with certain driving experience. The department may impose conditions and limitations as allowed under 49 C.F.R. 383 to restrict the applicants from whom the department may accept alternative requirements for the driving skills examination authorized in section 60-4,155. Such conditions and limitations shall require at least the following:
(1) An applicant must certify that, during the two-year period immediately prior to applying for a commercial driver's license, he or she:
(a) Has not had more than one operator's license, except for a military operator's license;
(b) Has not had any operator's license suspended, revoked, or canceled;
(c) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 49 C.F.R. 383.51(b);
(d) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in 49 C.F.R. 383.51(c);
(e) Has not had any conviction for a violation of military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and
(f) Has no record of an accident in which he or she was at fault; and
(2) An applicant must provide evidence and certify that he or she:
(a) Is regularly employed or was regularly employed within the last ninety days in a military position requiring operation of a commercial motor vehicle;
(b) Was exempted from the commercial driver's license requirements in 49 C.F.R. 383.3(c); and
(c) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate, for at least two years immediately preceding discharge from the military.
Source
Laws 2014, LB983, § 40.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,150 - Commercial driver's license; CLP-commercial learner's permit; replacement; application; delivery.

60-4,150.
Commercial driver's license; CLP-commercial learner's permit; replacement; application; delivery.
(1) Any person holding a commercial driver's license or CLP-commercial learner's permit who loses his or her license or permit, who requires issuance of a replacement license or permit because of a change of name or address, or whose license or permit is mutilated or unreadable may obtain a replacement commercial driver's license or CLP-commercial learner's permit by filing an application pursuant to this section and by furnishing proof of identification in accordance with section 60-4,144. Any person seeking a replacement license or permit for such reasons, except because of a change of name, may also obtain a replacement license or permit by submitting an electronic application pursuant to section 60-4,148.01.
(2) An application for a replacement license or permit because of a change of name or address shall be made within sixty days after the change of name or address.
(3) A replacement commercial driver's license or CLP-commercial learner's permit issued pursuant to this section shall be delivered to the applicant as provided in section 60-4,113 after department personnel or the county treasurer collects the fee and surcharge prescribed in section 60-4,115 and issues the applicant a receipt with driving privileges which is valid for up to thirty days. Replacement commercial drivers' licenses or CLP-commercial learners' permits issued pursuant to this section shall be issued in the manner provided for the issuance of original and renewal commercial drivers' licenses or permits as provided for by section 60-4,149.
(4) Upon issuance of any replacement commercial driver's license or permit, the commercial driver's license or CLP-commercial learner's permit for which the replacement license or permit is issued shall be void. Each replacement commercial driver's license or CLP-commercial learner's permit shall be issued with the same expiration date as the license or permit for which the replacement is issued. The replacement license or permit shall also state the new issuance date.
Source
Laws 1989, LB 285, § 100;
Laws 1990, LB 980, § 22;
Laws 1993, LB 126, § 2;
Laws 1998, LB 309, § 10;
Laws 2001, LB 574, § 25;
Laws 2005, LB 1, § 9;
Laws 2008, LB911, § 24;
Laws 2010, LB805, § 8;
Laws 2011, LB215, § 21;
Laws 2014, LB777, § 10;
Laws 2014, LB983, § 38;
Laws 2016, LB311, § 20;
Laws 2016, LB977, § 19.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,151 - Commercial driver's license; RCDL-restricted commercial driver's license; SEP-seasonal permit; CLP-commercial learner's permit; form.

60-4,151.
Commercial driver's license; RCDL-restricted commercial driver's license; SEP-seasonal permit; CLP-commercial learner's permit; form.
(1)(a) The commercial driver's license shall be conspicuously marked Nebraska Commercial Driver's License and shall be, to the maximum extent practicable, tamper and forgery proof. The commercial driver's license shall be marked Nondomiciled if the license is a nondomiciled commercial driver's license.
(b) The form of the commercial driver's license shall also comply with section 60-4,117.
(2) The RCDL-restricted commercial driver's license shall be conspicuously marked Nebraska Restricted Commercial Driver's License and shall be, to the maximum extent practicable, tamper and forgery proof. The RCDL-restricted commercial driver's license shall contain such additional information as deemed necessary by the director.
(3) The SEP-seasonal permit shall contain such information as deemed necessary by the director but shall include the time period during which the commercial motor vehicle operating privilege is effective. The SEP-seasonal permit shall be valid only when held in conjunction with an RCDL-restricted commercial driver's license.
(4) The CLP-commercial learner's permit shall be conspicuously marked Nebraska Commercial Learner's Permit and shall be, to the maximum extent practicable, tamper and forgery proof. The permit shall also be marked Nondomiciled if the permit is a nondomiciled CLP-commercial learner's permit.
Source
Laws 1989, LB 285, § 101;
Laws 1992, LB 1178, § 5;
Laws 1993, LB 420, § 11;
Laws 2001, LB 34, § 6;
Laws 2001, LB 574, § 26;
Laws 2008, LB911, § 25;
Laws 2011, LB215, § 22;
Laws 2014, LB983, § 39.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,152 - Commercial driver's license issued to minor; form.

60-4,152.
Commercial driver's license issued to minor; form.
Any commercial driver's license issued by the Department of Motor Vehicles to a minor as defined in section 53-103.23, as such definition may be amended from time to time by the Legislature, shall be of a distinct designation, of a type prescribed by the director, from the commercial driver's license of a person who is not a minor.
Source
Laws 1989, LB 285, § 102;
Laws 1993, LB 201, § 4;
Laws 2010, LB861, § 81.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,153 - Issuance of license; department; duties.

60-4,153.
Issuance of license; department; duties.
Prior to the issuance of any original or renewal commercial driver's license, the reissuance of any commercial driver's license with a change of any classification, endorsement, or restriction, or the issuance of a CLP-commercial learner's permit, the department shall, within twenty-four hours prior to issuance if the applicant does not currently possess a valid commercial driver's license or CLP-commercial learner's permit issued by this state and within ten days prior to the issuance or reissuance for all other applicants:
(1) Check the driving record of the applicant as maintained by the department or by any other state which has issued an operator's license to the applicant;
(2) Contact the Commercial Driver License Information System to determine whether the applicant possesses any valid commercial driver's license or commercial learner's permit issued by any other state, whether such license or permit or the applicant's privilege to operate a commercial motor vehicle has been suspended, revoked, or canceled, or whether the applicant has been disqualified from operating a commercial motor vehicle; and
(3) Contact the National Driver Register to determine if the applicant (a) has been disqualified from operating any motor vehicle, (b) has had an operator's license suspended, revoked, or canceled for cause in the three-year period ending on the date of application, (c) has been convicted of operation of a motor vehicle while under the influence of or while impaired by alcohol or a controlled substance, a traffic violation arising in connection with a fatal traffic accident, reckless driving, racing on the highways, failure to render aid or provide identification when involved in an accident which resulted in a fatality or personal injury, or perjury or the knowledgeable making of a false affidavit or statement to officials in connection with activities governed by a law, rule, or regulation related to the operation of a motor vehicle, (d) is not eligible, or (e) is deceased.
Source
Laws 1989, LB 285, § 103;
Laws 1999, LB 704, § 36;
Laws 2011, LB178, § 17;
Laws 2014, LB983, § 41.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,154 - Issuance of license or permit; director notify Commercial Driver License Information System; department; post information.

60-4,154.
Issuance of license or permit; director notify Commercial Driver License Information System; department; post information.
(1) Prior to the issuance of any original or renewal commercial driver's license, the reissuance of any commercial driver's license with a change of any classification, endorsement, or restriction, or the issuance of a CLP-commercial learner's permit, the director shall notify the Commercial Driver License Information System of the issuance and shall provide the applicant's name, social security number, and any other required information to the operator of the system.
(2) The department shall post information from the medical examiner's certificate to the Commercial Driver License Information System in accordance with section 60-4,144.02 and 49 C.F.R. 383.73.
Source
Laws 1989, LB 285, § 104;
Laws 2011, LB178, § 18;
Laws 2014, LB983, § 42.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,155 - Department; duties; rules and regulations.

60-4,155.
Department; duties; rules and regulations.
The Department of Motor Vehicles shall establish standards and requirements for the testing of applicants for commercial drivers' licenses, endorsements, and restrictions. The standards and requirements developed by the department for written knowledge and driving skills examinations for commercial drivers' licenses shall substantially comply with the requirements of the Commercial Driver's License Standards, 49 C.F.R. part 383, subparts G and H. The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 1989, LB 285, § 105;
Laws 2019, LB270, § 37.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,157 - Driving skills examination; waiver based on third-party tester; licensure in another state; report of examination results.

60-4,157.
Driving skills examination; waiver based on third-party tester; licensure in another state; report of examination results.
(1) A commercial driver's license examiner may waive the driving skills examination when an applicant presents evidence, on a form to be prescribed by the director, that he or she has successfully passed a driving skills examination administered by a third-party tester.
(2) A third-party skills test examiner may administer a driving skills examination to an applicant who has taken training in this state but is to be licensed in another state. The driving skills examination results shall be reported by the third-party skills test examiner to the department. The department shall transmit electronically the driving skills examination results directly from this state to the licensing state in an efficient and secure manner to be determined by the director.
Source
Laws 1989, LB 285, § 107;
Laws 2014, LB983, § 43;
Laws 2021, LB113, § 30.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,158 - Third-party testers; applicant; criminal history record check; fingerprints; rules and regulations; fees; violation; penalty.

60-4,158.
Third-party testers; applicant; criminal history record check; fingerprints; rules and regulations; fees; violation; penalty.
(1) The director shall adopt and promulgate rules and regulations governing the certification of third-party testers by the department. Such rules and regulations shall substantially comply with the requirements of 49 C.F.R. 383.75. A third-party skills test examiner employed by a certified third-party tester is not required to hold a commercial driver's license to administer a driving skills examination and occupy the seat beside an applicant for a commercial driver's license.
(2)(a) An applicant to be certified as a third-party skills test examiner shall provide fingerprints to the Nebraska State Patrol. The Nebraska State Patrol shall undertake a search for criminal history record information relating to such applicant, including transmittal of the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The criminal history record information shall include information concerning the applicant from federal repositories of such information and repositories of such information in other states if authorized by federal law. The Nebraska State Patrol shall issue a report to the department that includes the criminal history record information concerning the applicant. The applicant shall pay the actual cost of the fingerprinting and criminal background check.
(b) A third-party skills test examiner shall be subject to a national criminal history record information check.
(c) The department shall maintain a record of the results of the criminal background check and third-party skills test examiner test training and certification of all third-party skills test examiners.
(d) The department shall rescind the certification to administer commercial driver's license tests of all third-party skills test examiners who:
(i) Do not successfully complete the required refresher training every four years; or
(ii) Do not pass a national criminal history record information check. Criteria for not passing the criminal background check must include at least the following:
(A) Any felony conviction within the last ten years; or
(B) Any conviction involving fraudulent activities.
(3) A certification to conduct third-party testing shall be valid for two years, and the department shall charge a fee of one hundred dollars to issue or renew the certification of any third-party tester. The department shall remit the fees collected to the State Treasurer for credit to the General Fund.
(4) Any third-party tester who violates any of the rules and regulations adopted and promulgated pursuant to this section shall be subject to having his or her certification revoked by the department.
Source
Laws 1989, LB 285, § 108;
Laws 1999, LB 704, § 37;
Laws 2014, LB983, § 44.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,159 - Licensee; permit holder; convictions; disqualifications; notification required; violation; penalty.

60-4,159.
Licensee; permit holder; convictions; disqualifications; notification required; violation; penalty.
(1) Any person possessing a commercial driver's license or CLP-commercial learner's permit issued by the department shall, within ten days after the date of conviction, notify the department of all convictions for violations of state law or local ordinance related to motor vehicle traffic control, except parking violations, when such convictions occur in another state.
(2) Any person possessing a commercial driver's license or CLP-commercial learner's permit issued by the department who is convicted of violating any state law or local ordinance related to motor vehicle traffic control in this or any other state, other than parking violations, shall notify his or her employer in writing of the conviction within thirty days of the date of conviction.
(3) Any person possessing a commercial driver's license or CLP-commercial learner's permit issued by the department whose commercial driver's license or CLP-commercial learner's permit is suspended, revoked, or canceled by any state, who loses the privilege to operate a commercial motor vehicle in any state for any period, or who is disqualified from operating a commercial motor vehicle for any period shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.
(4) Any person who fails to provide the notifications required in subsection (1), (2), or (3) of this section shall, upon conviction, be guilty of a Class III misdemeanor.
Source
Laws 1989, LB 285, § 109;
Laws 2005, LB 76, § 14;
Laws 2014, LB983, § 45.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,160 - Refusal or denial of application; notice; appeal.

60-4,160.
Refusal or denial of application; notice; appeal.
Written notice shall be delivered to any applicant whose application for a commercial driver's license or CLP-commercial learner's permit is refused or denied for cause. The applicant shall have a right to an immediate appeal to the director upon receipt of such notice. The director shall hear the appeal and render a prompt finding not later than ten days after receipt of the appeal.
Source
Laws 1989, LB 285, § 110;
Laws 2014, LB983, § 46.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,161 - Employment as driver; application; contents; violation; penalty.

60-4,161.
Employment as driver; application; contents; violation; penalty.
(1) Any person who applies for employment as a driver of a commercial motor vehicle shall provide every prospective employer, at the time of application, with the following information for the ten-year period preceding the date of application:
(a) A list of the names and addresses of the applicant's previous employers for whom the applicant was a driver of a commercial motor vehicle;
(b) The dates the applicant was employed by each employer; and
(c) The reason for leaving that employment.
(2) The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. Any person who fails to provide the information required by this section shall, upon conviction, be guilty of a Class III misdemeanor.
Source
Laws 1989, LB 285, § 111.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,162 - Employment as driver; employer; duties; violation; penalty.

60-4,162.
Employment as driver; employer; duties; violation; penalty.
(1) Each employer shall require prospective applicants for employment as a driver of a commercial motor vehicle to provide the information required by section 60-4,161.
(2) No employer may knowingly allow, require, permit, or authorize a driver to operate a commercial motor vehicle in the United States in any of the following circumstances:
(a) During any period in which the driver does not have a current commercial learner's permit or commercial driver's license or does not have a commercial learner's permit or commercial driver's license with the proper class or endorsements. An employer may not use a driver to operate a commercial motor vehicle who violates any restriction on the driver's commercial learner's permit or commercial driver's license;
(b) During any period in which the driver has a commercial learner's permit or commercial driver's license disqualified by a state, has lost the right to operate a commercial motor vehicle in a state, or has been disqualified from operating a commercial motor vehicle;
(c) During any period in which the driver has more than one commercial learner's permit or commercial driver's license;
(d) During any period in which the driver, the commercial motor vehicle he or she is operating, or the motor carrier operation is subject to an out-of-service order; or
(e) In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.
(3) Any employer who violates this section shall, upon conviction, be guilty of a Class III misdemeanor.
Source
Laws 1989, LB 285, § 112;
Laws 2002, LB 499, § 2;
Laws 2014, LB983, § 47.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,163 - Alcoholic liquor; prohibited operation; effect.

60-4,163.
Alcoholic liquor; prohibited operation; effect.
No person shall operate or be in the actual physical control of a commercial motor vehicle while having any alcoholic liquor in his or her body. Any person who operates or is in the actual physical control of a commercial motor vehicle while having any alcoholic liquor in his or her body or who refuses to submit to a test or tests to determine the alcoholic content of his or her blood or breath shall be placed out of service for twenty-four hours, shall be subject to disqualification as provided in sections 60-4,167 and 60-4,168, and shall be subject to prosecution for any violation of sections 60-6,196 and 60-6,197.
Any order to place a person out of service for twenty-four hours issued by a law enforcement officer shall be made pursuant to 49 C.F.R. 392.5(c) adopted pursuant to section 75-363.
Source
Laws 1989, LB 285, § 113;
Laws 1993, LB 191, § 1;
Laws 1993, LB 370, § 91;
Laws 2001, LB 773, § 12;
Laws 2006, LB 1007, § 9.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,164.01 - Alcoholic liquor; blood test; withdrawing requirements; damages; liability.

60-4,164.01.
Alcoholic liquor; blood test; withdrawing requirements; damages; liability.
(1) Any physician, registered nurse, other trained person employed by a licensed health care facility or health care service defined in the Health Care Facility Licensure Act, a clinical laboratory certified pursuant to the federal Clinical Laboratories Improvement Act of 1967, as amended, or Title XVIII or XIX of the federal Social Security Act, as amended, to withdraw human blood for scientific or medical purposes, or a hospital shall be an agent of the State of Nebraska when performing the act of withdrawing blood at the request of a peace officer pursuant to section 60-4,164. The state shall be liable in damages for any illegal or negligent acts or omissions of such agents in performing the act of withdrawing blood. The agent shall not be individually liable in damages or otherwise for any act done or omitted in performing the act of withdrawing blood at the request of a peace officer pursuant to such section except for acts of willful, wanton, or gross negligence of the agent or of persons employed by such agent.
(2) Any person listed in subsection (1) of this section withdrawing a blood specimen for purposes of section 60-4,164 shall, upon request, furnish to any law enforcement agency or the person being tested a certificate stating that such specimen was taken in a medically acceptable manner. The certificate shall be signed under oath before a notary public and shall be admissible in any proceeding as evidence of the statements contained in the certificate. The form of the certificate shall be prescribed by the Department of Health and Human Services and such forms shall be made available to the persons listed in subsection (1) of this section.
Source
Laws 1997, LB 210, § 4;
Laws 2000, LB 819, § 75;
Laws 2000, LB 1115, § 6;
Laws 2007, LB296, § 231.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,165 - Alcoholic liquor; rights of person tested.

60-4,165.
Alcoholic liquor; rights of person tested.
The law enforcement officer who requires a chemical test or tests pursuant to section 60-4,164 may direct whether the test or tests will be of blood or breath. The person tested shall be permitted to have a physician of his or her choice evaluate his or her condition and perform or have performed whatever laboratory tests are deemed appropriate in addition to and following the test or tests administered at the direction of the law enforcement officer. If the officer refuses to permit such additional test or tests to be taken, the original test or tests shall not be competent evidence. Upon the request of the person tested, the results of the test or tests taken at the direction of the law enforcement officer shall be made available to him or her.
Source
Laws 1989, LB 285, § 115;
Laws 1993, LB 191, § 3;
Laws 1996, LB 323, § 7.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,166 - Alcoholic liquor; chemical test; unconscious person; effect on consent.

60-4,166.
Alcoholic liquor; chemical test; unconscious person; effect on consent.
Any person who is unconscious or who is in a condition rendering him or her incapable of refusal to submit to a chemical test or tests pursuant to section 60-4,164 shall be deemed not to have withdrawn the consent provided for in such section, and a chemical test or tests may be given.
Source
Laws 1989, LB 285, § 116;
Laws 1993, LB 191, § 4.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,167.01 - Alcoholic liquor; disqualification decision; director; duties.

60-4,167.01.
Alcoholic liquor; disqualification decision; director; duties.
(1) The director shall reduce the decision disqualifying a commercial driver from operating a commercial motor vehicle pursuant to a hearing under section 60-4,167 to writing and the director shall notify the person in writing of the disqualification within seven days following a hearing. The decision shall set forth the period of disqualification and be served by mailing it to such person by regular United States mail to the address provided to the director at the hearing or, if the person does not appear at the hearing, to the address appearing on the records of the director. If the address on the director's records differs from the address on the arresting peace officer's report, the notice shall be sent to both addresses.
(2) If the director does not disqualify the commercial driver from operating a commercial motor vehicle, the director shall notify the person in writing of the decision within seven days following a hearing. The notice shall be mailed by regular United States mail as provided in subsection (1) of this section. No reinstatement fee shall be charged.
Source
Laws 1996, LB 323, § 9;
Laws 2012, LB751, § 37.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,167.02 - Alcoholic liquor; disqualification; appeal.

60-4,167.02.
Alcoholic liquor; disqualification; appeal.
Any person who feels himself or herself aggrieved because of such disqualification pursuant to a hearing under section 60-4,167 may appeal to the district court of the county where the alleged violation occurred in accordance with the Administrative Procedure Act. The appeal shall not suspend the disqualification unless a stay is allowed by the court pending a final determination of the review. If a stay is allowed and the final judgment of the court finds against the person appealing, the period of disqualification shall commence at the time of the final judgment of the court for the full period of the time of disqualification.
Source
Laws 1996, LB 323, § 10.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,168.01 - Out-of-service order; violation; disqualification; when.

60-4,168.01.
Out-of-service order; violation; disqualification; when.
(1) Except as provided in subsection (2) of this section, a person who is convicted of violating an out-of-service order while operating a commercial motor vehicle which is transporting nonhazardous materials shall be subject to disqualification as follows:
(a) A person shall be disqualified from operating a commercial motor vehicle for a period of at least one hundred eighty days but no more than one year upon a court conviction for violating an out-of-service order;
(b) A person shall be disqualified from operating a commercial motor vehicle for a period of at least two years but no more than five years upon a second court conviction for violating an out-of-service order, which arises out of a separate incident, during any ten-year period; and
(c) A person shall be disqualified from operating a commercial motor vehicle for a period of at least three years but no more than five years upon a third or subsequent court conviction for violating an out-of-service order, which arises out of a separate incident, during any ten-year period.
(2) A person who is convicted of violating an out-of-service order while operating a commercial motor vehicle which is transporting hazardous materials required to be placarded pursuant to section 75-364 or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, shall be subject to disqualification as follows:
(a) A person shall be disqualified from operating a commercial motor vehicle for a period of at least one hundred eighty days but no more than two years upon conviction for violating an out-of-service order; and
(b) A person shall be disqualified from operating a commercial motor vehicle for a period of at least three years but no more than five years upon a second or subsequent conviction for violating an out-of-service order, which arises out of a separate incident, during any ten-year period.
(3) For purposes of this section, out-of-service order has the same meaning as in section 75-362.
(4) Each period of disqualification imposed under this section shall be served consecutively and separately.
Source
Laws 1996, LB 323, § 5;
Laws 2003, LB 562, § 17;
Laws 2009, LB204, § 2;
Laws 2017, LB263, § 69.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,168.02 - Federal disqualification; effect.

60-4,168.02.
Federal disqualification; effect.
Beginning September 30, 2005, any federal disqualification of a Nebraska licensed operator imposed in accordance with 49 C.F.R. 383.52 transmitted by the Federal Motor Carrier Safety Administration to the director shall become part of the operator's record maintained by the Department of Motor Vehicles.
Source
Laws 2003, LB 562, § 18.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,169 - Revocation; when.

60-4,169.
Revocation; when.
Whenever it comes to the attention of the director that any person when operating a motor vehicle has, based upon the records of the director, been convicted of or administratively determined to have committed an offense for which disqualification is required pursuant to section 60-4,146.01, 60-4,168, or 60-4,168.01, the director shall summarily revoke (1) the commercial driver's license or CLP-commercial learner's permit and privilege of such person to operate a commercial motor vehicle in this state or (2) the privilege, if such person is a nonresident, of operating a commercial motor vehicle in this state. Any revocation ordered by the director pursuant to this section shall commence on the date of the signing of the order of revocation or the date of the release of such person from the jail or a Department of Correctional Services adult correctional facility, whichever is later, unless the order of the court requires the jail time and the revocation to run concurrently.
Source
Laws 1989, LB 285, § 119;
Laws 1993, LB 31, § 19;
Laws 1993, LB 420, § 12;
Laws 1996, LB 323, § 12;
Laws 2001, LB 38, § 37;
Laws 2010, LB805, § 9;
Laws 2014, LB983, § 50.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,170 - Revocation; notice; failure to surrender license or permit; violation; penalty; appeal.

60-4,170.
Revocation; notice; failure to surrender license or permit; violation; penalty; appeal.
Within ten days after the revocation provided for by section 60-4,169, the director shall notify in writing the person whose commercial driver's license, CLP-commercial learner's permit, or privilege to operate a commercial motor vehicle has been revoked that such license, permit, or privilege has been revoked. Such notice shall: (1) Contain a list of the disqualifying convictions or administrative determinations upon which the director relies as his or her authority for the revocation, with the dates on which such disqualifying violations occurred and the dates of such convictions or administrative determinations and the trial courts or administrative agencies in which such convictions or administrative determinations were rendered; (2) state the term of revocation; (3) include a demand that the commercial driver's license or CLP-commercial learner's permit be returned to the director immediately; and (4) be served by mailing the notice to such person by regular United States mail to the address of such person. Any person refusing or failing to surrender a commercial driver's license or CLP-commercial learner's permit as required by this section shall, upon conviction, be guilty of a Class III misdemeanor.
Any person who feels himself or herself aggrieved because of a revocation pursuant to section 60-4,169 may appeal from such revocation in the manner set forth in section 60-4,105. Such appeal shall not suspend the order of revocation unless a stay of such revocation shall be allowed by the court pending a final determination of the review. The license of any person claiming to be aggrieved shall not be restored to such person, in the event of a final judgment of a court against such person, until the full time of revocation, as fixed by the director, has elapsed.
Source
Laws 1989, LB 285, § 120;
Laws 1999, LB 704, § 38;
Laws 2012, LB751, § 39;
Laws 2014, LB983, § 51.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,171 - Issuance of Class O or M operator's license; reinstatement of commercial driver's license or CLP-commercial learner's permit; when.

60-4,171.
Issuance of Class O or M operator's license; reinstatement of commercial driver's license or CLP-commercial learner's permit; when.
(1) Following any period of revocation ordered by a court, a resident who has had a commercial driver's license or CLP-commercial learner's permit revoked pursuant to section 60-4,169 may apply for a Class O or M operator's license.
(2) Any person who has had his or her commercial driver's license or CLP-commercial learner's permit revoked pursuant to section 60-4,169 may, at the end of such revocation period, apply to have his or her eligibility for a commercial driver's license or CLP-commercial learner's permit reinstated. The applicant shall (a) apply to the department and meet the requirements of section 60-4,144, (b) take the commercial driver's license knowledge and driving skills examinations prescribed pursuant to section 60-4,155 if applying for a commercial driver's license, (c) certify pursuant to section 60-4,144.01 and meet the applicable medical requirements for such certification, (d) be subject to a check of his or her driving record, (e) pay the fees specified in section 60-4,115 and a reinstatement fee as provided in section 60-499.01, and (f) surrender any operator's license issued pursuant to subsection (1) of this section.
Source
Laws 1989, LB 285, § 121;
Laws 1993, LB 420, § 14;
Laws 1993, LB 491, § 14;
Laws 1997, LB 752, § 144;
Laws 1999, LB 704, § 39;
Laws 2001, LB 38, § 38;
Laws 2001, LB 574, § 27;
Laws 2011, LB178, § 19;
Laws 2014, LB983, § 52.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,172 - Nonresident licensee or permit holder; conviction within state; director; duties.

60-4,172.
Nonresident licensee or permit holder; conviction within state; director; duties.
(1) Within ten days after a conviction of any nonresident who holds a commercial learner's permit or commercial driver's license for any violation of state law or local ordinance related to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle operated in this state, the director shall notify the driver licensing authority which licensed the nonresident who holds a commercial learner's permit or commercial driver's license and the Commercial Driver License Information System of such conviction.
(2)(a) Within ten days after disqualifying a nonresident who holds a commercial learner's permit or commercial driver's license or canceling, revoking, or suspending the commercial learner's permit or commercial driver's license held by a nonresident, for a period of at least sixty days, the department shall notify the driver licensing authority which licensed the nonresident and the Commercial Driver License Information System of such action.
(b) The notification shall include both the disqualification and the violation that resulted in the disqualification, cancellation, revocation, or suspension. The notification and the information it provides shall be recorded on the driver's record.
(3) Within ten days after a conviction of any nonresident who holds a commercial learner's permit or commercial driver's license for any violation of state law or local ordinance related to motor vehicle traffic control, other than parking violations, committed in any type of motor vehicle operated in this state, the director shall notify the driver licensing authority which licensed the nonresident and the Commercial Driver License Information System of such conviction.
(4) Within ten days after a conviction of any nonresident who holds a driver's license for any violation of state law or local ordinance related to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle operated in this state, the director shall notify the driver licensing authority which licensed the nonresident.
Source
Laws 1989, LB 285, § 122;
Laws 2003, LB 562, § 19;
Laws 2014, LB983, § 53;
Laws 2023, LB138, § 32.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,173 - Terms, defined.

60-4,173.
Terms, defined.
For purposes of sections 60-4,173 to 60-4,179:
(1) Driver training school or school means a business enterprise conducted by an individual, association, partnership, limited liability company, or corporation or a public or private educational facility which educates or trains persons to operate or drive motor vehicles or which furnishes educational materials to prepare an applicant for an examination by the state for an operator's license, provisional operator's permit, or LPD-learner's or LPE-learner's permit and which charges consideration or tuition for such service or materials; and
(2) Instructor means any person who operates a driver training school or who teaches, conducts classes, gives demonstrations, or supervises practical training of persons learning to operate or drive motor vehicles in connection with operation of a driver training school.
Source
Laws 1967, c. 380, § 1, p. 1191;
R.S.1943, (1988), § 60-409.06;
Laws 1989, LB 285, § 123;
Laws 1993, LB 121, § 384;
Laws 1998, LB 320, § 19;
Laws 2008, LB279, § 1.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,174 - Director; duties; rules and regulations; Commissioner of Education; assist.

60-4,174.
Director; duties; rules and regulations; Commissioner of Education; assist.
The director shall adopt and promulgate such rules and regulations for the administration and enforcement of sections 60-4,173 to 60-4,179 as are necessary to protect the public. The director or his or her authorized representative shall examine applicants for Driver Training School and Instructor's Licenses, license successful applicants, and inspect school facilities and equipment. The director shall administer and enforce such sections and may call upon the Commissioner of Education for assistance in developing and formulating appropriate rules and regulations.
Source
Laws 1967, c. 380, § 2, p. 1192;
R.S.1943, (1988), § 60-409.07;
Laws 1989, LB 285, § 124;
Laws 2008, LB279, § 2;
Laws 2022, LB750, § 65.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,175 - School; license; requirements.

60-4,175.
School; license; requirements.
No driver training school shall be established nor any existing school be continued unless such school applies for and obtains from the director a license in the manner and form prescribed by the director. Rules and regulations adopted and promulgated by the director shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, financial statements, schedule of fees and charges, character and reputation of the operators, insurance, bond, or other security in such sum and with such provisions as the director deems necessary to protect adequately the interests of the public, and such other matters as the director may prescribe.
Source
Laws 1967, c. 380, § 3, p. 1192;
R.S.1943, (1988), § 60-409.08;
Laws 1989, LB 285, § 125;
Laws 2008, LB279, § 3.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,176 - Instructor; license; requirements.

60-4,176.
Instructor; license; requirements.
(1) No person shall act as an instructor unless such person applies for and obtains from the director a license in the manner and form prescribed by the director. If the applicant is an individual, the application form shall include the applicant's social security number.
(2) Rules and regulations adopted and promulgated by the director shall state the requirements for an instructor's license, including requirements concerning moral character, physical condition, knowledge of the courses of instruction, knowledge of the motor vehicle laws and safety principles, previous personal and employment records, and such other matters as the director may prescribe for the protection of the public.
Source
Laws 1967, c. 380, § 4, p. 1193;
R.S.1943, (1988), § 60-409.09;
Laws 1989, LB 285, § 126;
Laws 1997, LB 752, § 145.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,177 - Licenses; renewal; expiration; fees.

60-4,177.
Licenses; renewal; expiration; fees.
All licenses issued under sections 60-4,175 and 60-4,176 shall expire on the last day of June in the year following their issuance and may be renewed upon application to the director as prescribed by the rules and regulations. Each application for a new or renewal school license shall be accompanied by a fee of fifty dollars, and each application for a new or renewal instructor's license shall be accompanied by a fee of ten dollars. The license fees shall be placed in the state treasury and by the State Treasurer credited to the General Fund. No license fee shall be refunded in the event that the license is rejected, suspended, or revoked.
Source
Laws 1967, c. 380, § 5, p. 1193;
Laws 1982, LB 928, § 47;
R.S.1943, (1988), § 60-409.10;
Laws 1989, LB 285, § 127.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,178 - Licenses; cancel, suspend, or revoke; procedure; appeal.

60-4,178.
Licenses; cancel, suspend, or revoke; procedure; appeal.
The director may cancel, suspend, revoke, or refuse to issue or renew a school or instructor's license in any case when he or she finds the licensee or applicant has not complied with or has violated any of the provisions of sections 60-4,173 to 60-4,179 or any rule or regulation adopted and promulgated by the director under such sections. A suspended or revoked license shall be returned to the director by the licensee, and its holder shall not be eligible to apply for a license under such sections until twelve months have elapsed since the date of such suspension or revocation. Any action taken by the director to cancel, suspend, revoke, or refuse to issue or renew a license shall comply with the Administrative Procedure Act.
Source
Laws 1967, c. 380, § 6, p. 1193;
Laws 1988, LB 352, § 104;
R.S.1943, (1988), § 60-409.11;
Laws 1989, LB 285, § 128;
Laws 1999, LB 704, § 40.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,179 - Violations; penalty.

60-4,179.
Violations; penalty.
Any person, firm, or corporation violating any provision of sections 60-4,175 to 60-4,178 shall be guilty of a Class III misdemeanor.
Source
Laws 1967, c. 380, § 8, p. 1194;
Laws 1977, LB 39, § 77;
R.S.1943, (1988), § 60-409.13;
Laws 1989, LB 285, § 129.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-4,180 - State identification card; issuance authorized; prior cards; invalid.

60-4,180.
State identification card; issuance authorized; prior cards; invalid.
Any person who is a resident of this state may obtain a state identification card with a digital image of the person included. State identification cards shall be issued in the manner provided in section 60-4,181. Any identification card issued under prior law prior to January 1, 1990, shall be invalid after such date.
Source
Laws 1989, LB 284, § 3;
Laws 1993, LB 201, § 5;
Laws 2001, LB 574, § 28;
Laws 2014, LB777, § 11.
Cross References
Application, see section 60-484.
Duplicate or replacement card, see section 60-4,120.
Expiration, see section 60-490.
Photograph affixed to card, see section 60-4,119.
Prohibited acts, see section 60-491.
Renewal procedure, see section 60-4,122.
Violations, penalties, see section 60-491.