Nebraska Administrative Code › Topic - GAME AND PARKS COMMISSION › Title 163 - Nebraska Game and Parks Commission › Chapter 5 - State Parks Regulations › Section 163-5-003 - Regulation prohibiting operation of Motorized Transportation Devices on areas owned or controlled by said Commission

Current through June 17, 2024
Under the provisions and authority of section
				  60-678,
				  60-680,
				  60-6,351,
				  606,375, 60-6,377, R.S.SUPP., 2002, the following regulations are adopted and
				  promulgated by the Nebraska Game and Parks Commission. These rules and
				  regulations are effective following enactment by the Game and Parks Commission,
				  approval by the Attorney General and Governor, and when five days have elapsed
				  since filing with the Secretary of State.
003.01 Motorized Transportation Devices
				Defined
For purposes of this section, a Motorized Transportation
				  Device is defined as any vehicle or device that may not be registered and
				  licensed for operation on the highways of Nebraska, is propelled by other than
				  muscular power, and is intended to transport or draw persons or property,
				  excluding those used exclusively upon stationary rails or tracks, snowmobiles,
				  mopeds, all-terrain vehicles and off-highway amphibious vehicles. Examples of
				  Motorized Transportation Devices contemplated in this section include but, are
				  not limited to, the following:
Electric Vehicle: A motorized vehicle that is powered by an
				  electric motor that draws current from rechargeable storage batteries, fuel
				  cells, or other sources of electrical current;
Electric Personal Assistive Mobility Device: Any
				  self-balancing, two, non-tandem-wheeled, device, designed to transport only one
				  person, with an electric propulsion system with average power of 750 watts (1
				  horsepower), the maximum speed of which, on a paved level surface when powered
				  solely by such a propulsion system while being ridden by an operator who weighs
				  170 pounds, is less than 20 miles per hour;
Farm Tractor: Any motorized device designed and used
				  primarily as a farm implement drawing plows, mowing machines, and other
				  implements of husbandry;
Golf Cart: Any motorized device designed and manufactured for
				  operation on a golf course for sporting or recreational purposes and that is
				  not capable of exceeding speeds of 20 miles per hour;
Low Speed Vehicle: Any multi-wheeled, electric- or
				  gasoline-powered, device whose top speed is greater than 20 miles per hour but
				  not greater than 25 miles per hour;
Mini-bike: Any two-wheel motorized vehicle which has a total
				  wheel and tire diameter of less than fourteen inches or an engine-rated
				  capacity of less than forty-five cubic centimeters displacement or any other
				  two-wheel motorized vehicle primarily designed by the manufacturer for off-road
				  use only;
Motorized Disability Access Vehicle: A vehicle designed
				  primarily for disabled individuals with normal upper body abilities and
				  designed to be fueled by gasoline, travel on no more than three wheels, with a
				  motor rated not in excess of 2 brake horsepower and not capable of propelling
				  the vehicle at a speed greater than 30 miles per hour on level ground, and with
				  a power-drive system that functions directly or automatically without clutching
				  or shifting gears by the operator after the drive system is engaged. If an
				  internal combustion engine is used, the displacement may not exceed 50 cubic
				  centimeters;
Motorized Scooter: Any motorized device not having a seat or
				  saddle for the use of the rider, designed to travel on not more than three
				  wheels, and not capable of propelling the vehicle at a speed greater than 30
				  miles per hour on level ground; and,
Utility Vehicle: A motorized vehicle designed and
				  manufactured for general maintenance, security, and landscaping purposes, but
				  the term does not include any vehicle designed or used primarily for the
				  transportation of persons or property on a street or highway, or a golf cart,
				  or an all-terrain vehicle.
003.02 Operation
The operation of motorized transportation devices in state
				  parks, including on roads, trails and beaches, is prohibited, with the
				  following exceptions:
Motorized devices operated by Commission employees engaged in
				  the performance of their duties;
Motorized devices operated by disabled persons in possession
				  of a valid written permit issued by the Commission;
Motorized devices operated by contracted volunteer park
				  workers engaged in the performance of their duties;
Tractors operated on the beaches of Lake McConaughy and Lake
				  Minatare with written permission from the Commission for the purposes of
				  launching and recovering water craft and assisting stranded vehicles;
				  and,
Motorized devices, excluding minibikes and motorized
				  scooters, operated within the leased premises of concession areas and private
				  cabin areas.
Motorized transportation devices shall not be operated within
				  any portion of a state park area which has been marked off or otherwise posted
				  as closed to motorized transportation device operation.
003.03 Who may operate
Any person operating a motorized transportation device within
				  a state park area shall be at least sixteen years of age and shall have a valid
				  motor vehicle operator's license. The valid motor vehicle operator's license
				  requirement shall be waived for any disabled person operating an electric
				  personal assistive device or motorized disability access vehicle, provided he
				  or she possesses a valid written permit issued by the Commission, and wears a
				  bicycle helmet that is professionally fitted, is securely fastened upon his or
				  her head by a strap, and that meets nationally recognized standards for bicycle
				  helmets.
Any person operating an authorized motorized device within
				  the leased premises of a concession area or private cabin area shall be at
				  least sixteen years of age and shall have a valid motor vehicle operator's
				  license.
All traffic laws and state park regulations governing
				  operation of motor vehicles on roadways of the state park system shall further
				  apply to the operation of motorized transportation devices operated in state
				  park areas.
Motorized transportation devices shall not be operated in any
				  manner intended to or reasonably expected to harass, drive or pursue any
				  wildlife.
003.04 Required
				Equipment
No motorized transportation device as defined in this section
				  may be operated within state park areas unless equipped with the following
				  equipment:
A brake system maintained in good operating condition;
An adequate muffler system in good working order which blends
				  the exhaust noise into the overall motorized vehicle noise and is in constant
				  operation to prevent excessive or unusual noise. The exhaust shall not emit or
				  produce a sharp popping or crackling sound;
A rearview mirror and red reflectorized warning devices in
				  both the front and rear; and,
A bicycle safety flag which extends not less than five feet
				  above ground attached to the rear of the vehicle. The bicycle safety flag shall
				  be triangular in shape with an area of not less than thirty square inches and
				  be day-glow in color.
003.05
				Unlawful Acts
It shall be unlawful for any person to drive or operate any
				  motorized transportation device:
At a rate of speed greater than reasonable or proper under
				  existing conditions;
In a careless, reckless, or negligent manner so as to
				  endanger the person or property of another or to cause injury or damage
				  thereto;
While under the influence of intoxicating liquor or narcotics
				  or habit-forming drugs;
Between sunset and sunrise; and,
Without a day-glow bicycle safety flag that extends not less
				  than five feet above ground attached to the rear of the
				  vehicle.