reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 7 - RULES AND REGULATIONS PERTAINING TO THE VISION AND MEDICAL REQUIREMENTS FOR CLASS A AND B LICENSES, LEARNER'S AND SCHOOL PERMITS AND SCHOOL BUS DRIVER'S PERMIT › Section 247-7-004 - Health Advisory Board

Current through June 17, 2024
The Department may assemble in regular meetings a group of physicians
	 and/or any other health care professionals as it may determine would be helpful
	 in reviewing the medical and/or vision qualifications of applicants for a
	 license or permit.
004.01
Purpose
- The purpose of the Health Advisory Board
  shall be limited to providing advice to the Director on the health
  qualifications of individuals applying for driver's licenses or permits. The
  Health Advisory Board shall not have the final decision making authority in
  such cases and shall not have authority to promulgate any public policy
  concerning the issuance of licenses or permits.
004.02
Membership
-
  The membership of the Health Advisory Board shall be determined by the Director
  but should include at least one optometrist, one ophthalmologist, one
  psychiatrist, one neurologist and one family practitioner.
004.03
Procedure,
  Meetings
- The Health Advisory Board shall meet at such time and
  place as may be determined by the Director. The meetings shall be governed by
  rules of procedure established by the Director.
004.04
Closed
  Meetings
- The meetings of the Health Advisory Board shall not be
  open to the public or to the applicant whose qualifications are being
  considered.
004.05
Access to Board
- Any applicant who is denied a
  license or permit on the basis of medical or vision qualifications may request
  of the examiner that their case be reviewed at a meeting of the Health Advisory
  Board.
004.06
Supplemental Information
- An applicant may submit for
  consideration by the Health Advisory Board such medical records, documents, or
  other written statements as he or she may consider pertinent to more fully
  describe the medical condition under question.
004.07
Expenses
-
  The members of the Health Advisory Board shall not be paid a fee or stipend for
  their services but shall be reimbursed for any actual expenses incurred in the
  performance of their advisory function.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 7 - RULES AND REGULATIONS PERTAINING TO THE VISION AND MEDICAL REQUIREMENTS FOR CLASS A AND B LICENSES, LEARNER'S AND SCHOOL PERMITS AND SCHOOL BUS DRIVER'S PERMIT › Section 247-7-005 - Appeal

Current through June 17, 2024
005.01
Appeal to
  Director
- Any applicant refused or denied a certificate for a
  license or permit by the examiners shall have the right to an immediate appeal
  to the Director in the manner prescribed in Neb. Rev. Stat. 60-408.
005.02
Appeal to District
  Court
- Any applicant who feels aggrieved because of an order by
  the Director to refuse to issue a license or permit, may appeal to the District
  Court in the manner prescribed by Neb. Rev. Stat. 60-420.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 7 - RULES AND REGULATIONS PERTAINING TO THE VISION AND MEDICAL REQUIREMENTS FOR CLASS A AND B LICENSES, LEARNER'S AND SCHOOL PERMITS AND SCHOOL BUS DRIVER'S PERMIT › Section 247-7-006 - Policies and Procedures

Current through June 17, 2024
006.01
Established by Director
- The Director may establish
  such Policies and Procedures as he/she may determine are appropriate to fairly
  and effectively implement these Rules and Regulations.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE › Section 247-8-001 - SCOPE

Current through June 17, 2024
001.01
Applicability.
These rules and regulations apply to the following entities and
	 individuals:
001.01A Any Third -Party
  Tester as defined in these rules and regulations;
001.01B Any Third-Party Examiner as defined
  in these rules and regulations; and,
001.01C Any entity or person offering a
  training course to qualify an individual for certification as a Third-Party
  Examiner.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE › Section 247-8-003 - CERTIFICATION OF THIRD-PARTY TESTERS

Current through June 17, 2024
003.01
Certificate.
A Third-Party Tester, before administering in or attempting to
	 administer skills testing, shall hold a certificate issued or renewed by the
	 Department authorizing the Third-Party Tester to engage in skills testing for a
	 CDL.
003.02
Requirements for Certification.
To have a certificate issued, renewed or remain in effect, the
	 Third-Party Tester shall demonstrate it meets the following
	 requirements:
003.02A Be a person,
  including, but not limited to, another State, a motor carrier, a private driver
  training facility or other private institution, or a department, agency or
  instrumentality of a local government, authorized by the Department to employ
  skills test examiners to administer the CDL skills tests specified in 49 CFR
  Part 383 and pursuant to Neb.Rev.Stat. 60-4,158;
003.02B Ensure that each Third- Party
  Examiner who conducts the driving skills test is certified in accordance with
  009 of these rules and regulations;
003.02C Third-Party Testers that are not
  government entities are required to initiate and maintain a $25,000 bond to pay
  for re-testing drivers in the event that the third party tester or one or more
  of its examiners is involved in fraudulent activities related to conducting
  skills testing for applicants for a CDL;
003.02D Designate an individual authorized to
  act on behalf of the third party as the Third-Party Tester's contact person
  with the Department;
003.02E
  Continuously maintain a place of business which includes at least one (1)
  permanent, regularly occupied structure within the State of Nebraska;
003.02F Must only use Department certified
  Third-Party Examiners;
003.02G
  Require all Third -Party Examiners to have a nationwide criminal background
  check prior to certification; and
003.02H Must require all Third-Party
  Examiners to attend a DMV-approved training course at a minimum of every four
  (4) years.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE › Section 247-8-005 - RENEWALS OF THIRD-PARTY TESTER CERTIFICATES

Current through June 17, 2024
005.01
Expiration.
A certificate will expire on the second anniversary of its effective
	 date unless renewed.
005.02
Notice.
At least one hundred twenty (120) days prior to expiration, the
	 Department will send to the certified Third -Party Tester at its last known
	 address, a renewal notice which states the following:
005.02A The date on which the current
  certificate expires;
005.02B The
  date by which the renewal application must be received by the Department for
  the renewal to be issued and mailed before the certificate expires;
  and,
005.02C The amount of the
  renewal fee.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE › Section 247-8-006 - SCHEDULE OF FEES FOR THIRD-PARTY TESTER CERTIFICATES

Current through June 17, 2024
006.01
Amount.
For issuance or renewal of a Third-Party Tester certificate, the fee
	 is $ 100.00 for each applicant for a Third-Party Tester certificate. The fee is
	 refundable if the application is initially denied by the Department or returned
	 due to incompleteness or deficiency. The fee covers a two-year (2-year) period
	 beginning on the effective date of issuance or renewal thereof.
006.02
Refunds.
No portion of the fee will be refunded if the certificate is suspended
	 or revoked during the two-year (2-year) period or if the Third-Party Tester
	 otherwise discontinues activity within the State during any portion of the
	 two-year (2-year) period.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE › Section 247-8-007 - RECORDS, INSPECTIONS AND RETESTING

Current through June 17, 2024
007.01
Records.
Any Third-Party Tester shall keep the following records at its
	 principal place of business as follows:
007.01A A copy of the Department administer a
  CDL skills testing program for the classes and types of commercial motor
  vehicles listed;
00701B A copy of the current Third-Party Tester agreement with the
	 Department;
007.01C A copy
  of the Third-Party Tester's Department approved road test routes.
007.01D
Third-Party
  Examineor Recrd.
Retain, at each approved testing location,
  a record of each Third-Party Examiner in the employ of each Third-Party Tester
  at that location. Each record shall be maintained a minimum of two (2) years
  after the date the Third-Party Examiner leaves the employment of the
  Third-Party Tester. Each record shall include:
007.01D1 A valid "Examiner Identification
  Card" (including name, residential address, and social security number)
  indicating that the Examiner has been certified by the Department;
007.01D2 A copy of the Third-Party Examiner's
  current driving record, which must be updated annually;
007.01D3 Evidence that the Third -Party
  Examiner is an full-time, payroll employee of the Third-Party Tester;
  and,
007.01D4 A copy of the
  Third-Party Examiner's training record as outlined in
  383.75.
007.01E
Driver Records.
Retain, at each approved
  testing location, a record of each driver for whom the Third-Party Tester
  conducts a skills test, whether or not the driver passes or fails the test.
  Each such record shall be retained for the current year plus the two (2)
  previous calendar years from the date of the test and shall include:
007.01E1 The complete full name and address
  of the driver;
007.01E2 The
  driver's license number and the name of the state or jurisdiction that issued
  the CLP held by the driver at the time of the test;
007.01E3 The test score sheet(s) showing the
  type of vehicle tested for and the results of the skills test;
007.01E4 The name and identification number
  of the Third -Party Examiner conducting the skills test;
007.01E5 The license plate number of the
  commercial motor vehicle(s) used to conduct the testing, what type of braking
  system the vehicle had, transmission type and coupling system, if appropriate;
  and
007.01E6 A copy of the signed
  Notification of Driving Skills Examination form.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE › Section 247-8-008 - NOTIFICATION

Current through June 17, 2024
008.01
Required
  Notice.
The Third -Party Tester must notify the Department within the specified
	 period of time of the following by secure electronic means:
008.01A Provide the Department with a two day
  advance notice of skills test appointments scheduled pursuant to these rules
  and regulations;
008.01B The
  pass/fail results and scores of all applicants administered skills testing by
  the Third-Party Examiners employed by the Third-Party Tester. This information
  must be sent electronically to the Department's third-party testing database
  within three (3) days of the date of testing;
008.01C Any change in the Third-Party
  Tester's name, legal status or address within ten (10) days of its date of
  occurrence;
008.01D Any change in
  the Third-Party Examiners employed by the Third-Party Tester or their driving
  status within ten (10) days of its date of occurrence;
008.01E If the Third-Party Tester ceases
  business operations in Nebraska, the Third -Party Tester shall notify the
  Department ten (10) days prior to its date of occurrence; and,
008.01F If the Third-Party Tester's insurance
  as required by the Third-Party Tester Agreement is cancelled or altered by the
  insurance company, the Third -Party Tester shall notify the Department within
  five (5) days of its date of occurrence. In addition, the Third-Party Tester
  shall give the Department not less than 30 days' notice before cancellation or
  alteration of required insurance.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE › Section 247-8-009 - THIRD-PARTY EXAMINER CERTIFICATION

Current through June 17, 2024
009.01
Certificate.
An individual, before engaging in or attempting to engage in,
	 third-party examination, shall hold a certificate issued or renewed by the
	 Department authorizing the individual to be a Third-Party Examiner for that
	 class of commercial motor vehicle.
009.02
Requirements for
  Certification.
Applicants for Third-Party Examiner certificates must comply with the
	 following:
009.02A Meet the same
  qualifications and training standards as State examiners, to the extent
  necessary to conduct skills test in compliance with 49 CFR Part 383, Subparts G
  and H;
009.02B Be an employee of a
  Third-Party Tester requesting initial certification or renewal of certification
  as a Third-Party Examiner;
009.02C
  Have had no violations noted on his or her driving record for which five (5) or
  more points might be assessed. Additionally, the Third-Party Examiner must have
  no disqualifications, suspensions, or revocations on his or her driving record
  within the last five (5) years;
009.02D Have had no convictions for driving
  while under the influence of alcohol or drug offense in connection with motor
  vehicle use within the previous five (5) years;
009.02E Possess a valid Nebraska license or
  valid license from their state of residence;
009.02F Be at least twenty-one (21) years of
  age;
009.02G Have a high school
  diploma or its equivalent;
009.02H
  Agree to conduct skills test examinations, consisting of ten (10) pre-trip
  vehicle inspections, ten (10) basic control skills, and ten (10) road tests, of
  at least ten (10) different applicants per calendar year or, at the discretion
  of the Department, must either take the refresher training specified in
  49 CFR
  384.228 or have a State examiner ride along
  to observe the third party examiner fully administer at least one skills
  test;
009.02I Provide the
  Department with a two day advance notice of skills test appointments scheduled
  pursuant to
  008.01A of these
  rules and regulations;
009.02J
  Provide the Department with the pass/fail results and scores of each applicant
  tested within three (3) days of the test date pursuant to
  008.01B of these
  rules and regulations;
009.02K Must
  attend a training course and examination at a minimum of every four (4) years;
  and,
009.02L Must pass a nationwide
  criminal background check. The Department will deny any applicant whose record
  contains a felony conviction or any convictions involving fraudulent activities
  within the last ten (10) years.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern Department of Motor Vehicles
	 approval of driver safety courses pursuant to
Neb. Rev.
	 Stat.
' 60-4, 130.05. These rules and regulations apply to schools
	 that offer classes to individuals who will apply for provisional operator's
	 permits using an approved driver safety course written and drive test waiver
	 pursuant to
Neb. Rev. Stat.
' 60-4, 120.01. These rules
	 and regulations also apply to any driver training instructor employed at such a
	 school pursuant to
Neb. Rev. Stat.
' 60-4,
	 130.04.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-002 - DEFINITIONS

Current through June 17, 2024
002.01
Approved driver
  safety course
Approved driver safety course means a Department of Motor Vehicles
	 approved driver safety course which includes behind-the-wheel driving
	 specifically emphasizing a) the effects of the consumption of alcohol on a
	 person operating a motor vehicle, b) occupant protection systems, c) risk
	 assessment, and d) railroad crossing safety. The successful completion of this
	 course involves a written examination and drive test which will waive the
	 examination and test by a Department examiner for a provisional operators
	 permit.
002.02
Certificate
Certificate means the certificate issued by the Department of Motor
	 Vehicles to the school which shows it has approved the driver safety course
	 under these rules and regulations.
002.03
Conviction
Conviction means an unvacated adjudication of guilt, or a determination
	 that a person has violated or failed to comply with the law in a court of
	 original jurisdiction or by an authorized administrative tribunal, an unvacated
	 forfeiture of bail or collateral deposited to secure the persons appearance in
	 court, a plea of bail or collateral deposited to secure the persons appearance
	 in court, a plea of guilty or nolo contendere accepted by the court, the
	 payment of a fine or court costs, or violation of a condition of release
	 without bail, regardless of whether or not the penalty is rebated, suspended,
	 or probated.
002.04
Department
Department means the Nebraska Department of Motor Vehicles.
002.05
Director
Director means the Director of the Nebraska Department of Motor
	 Vehicles.
002.06
Drive test
Drive test means an actual on public road drive examination using the
	 Department of Motor Vehicles score sheet form DMV
	 06-40A.
(Attachment 1.)
002.07
Equivalency
  course
Equivalency course means a course from an accredited Nebraska college
	 or university and approved by the Department of Motor Vehicles, which is the
	 equivalent of a drivers education endorsement.
002.08
Instructor
Instructor means any person who teaches, conducts classes, gives
	 demonstrations, or supervises practical training of persons learning to operate
	 motor vehicles.
002.09
School
School means any school (commercial, non-profit, parochial or public)
	 which offers an approved driver safety course.
002.10
Sponsor
Sponsor means any Nebraska university or college approved or accredited
	 by the North Central Association Of Colleges and Schools that offers a drivers
	 education equivalency course.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-003 - REQUIREMENTS FOR A PROVISIONAL OPERATORS PERMIT

Current through June 17, 2024
Any person who is at least sixteen (16) years of age but less than
	 eighteen (18) years of age may apply for a provisional operator's permit from
	 the Department. The Department will consider any of the following
	 applicants:
003.01
Approved Driver Safety Course.
The applicant may successfully complete an approved driver safety
	 course which includes behind-the-wheel driving as set forth in these rules and
	 regulations. The Department will waive the written examination and drive test
	 normally administered by the Departments examiners for a provisional operators
	 permit upon presentation of a written and drive test waiver.
(Attachment 2.)
003.02
Fifty-hour (50-hour)
  Drive Log and Affidavit .
The applicant may present to the Departments examiner an affidavit and
	 driving log
(Attachment 3)
verifying that the applicant has
	 completed fifty (50) hours of lawful motor vehicle operation, under conditions
	 that reflect an approved driver safety course curriculum with a licensed driver
	 at least twenty-one (21) years of age. The Department will waive the written
	 examination for these applicants who hold an LPD-learners permit issued after
	 January 1, 1999, but not the Department's drive test.
003.03
Driver Education
  Prior to January 1, 1999.
The applicant may present to the Department examiner proof that the
	 applicant has successfully completed driver's education prior to January 1,
	 1999. Proof consists of an approved driver safety course completion card or
	 certificate. The Department will waive the affidavit and the fifty-hour
	 (50-hour) drive log requirement, but the applicant will be required to take the
	 Department's written and drive test.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-004 - SCHOOL INSTRUCTOR REQUIREMENTS

Current through June 17, 2024
The Department shall not issue an approved driver safety course
	 certificate to any school unless every instructor meets the following
	 criteria:
004.01
Twenty-one (21) Years Old.
The instructor must be at least twenty-one (21) years of age and of
	 good moral character;
004.02
Valid
  License.
Instructors must have held a valid license from their state of
	 residence for a period of at least two (2) consecutive years immediately
	 preceding the date of application. Licensing lapses due to failure to renew
	 before a license's expiration date shall not be cause for denial;
004.03
High
  School Diploma.
The instructor must have a high school diploma or its equivalent;
	 and
004.04
Endorsement.
The instructor must possess competence as outlined in a drivers
	 education endorsement or the equivalent thereof.
004.04A
Driver's Education
  Endorsement.
An instructor may successfully complete the
  course work set out in Title 92 NAC 24, from a Nebraska Department of Education
  approved or accredited college or university.
004.04B
Equivalent.
An instructor may fulfill the
  equivalency requirement by successfully completing a driver's education
  equivalency course from a North Central Association Of Colleges and Schools
  approved or accredited Nebraska university or college. The requirements for
  Department of Motor Vehicles' approval of the equivalency course are set forth
  at 005, below.
004.04C
Grace Period.
A two-year (2-year) period
  to comply with the driver education endorsement or equivalent requirements will
  be granted to:
004.04C1 Nebraska commercial
  driver training instructors certified by the Department;
004.04C2 Instructors teaching Nebraska driver
  education training courses certified by the Department; and
004.04C3 Individuals with valid teaching
  certificates.
004.04D
Qualifications for Grace Period.
Instructors listed above must have been employed by the certified commercial
  driver training schools or the certified driver education training course or
  have had the teaching certificate issued prior to September 1, 1998. The driver
  education endorsement or equivalent requirements must be met no later than
  January 1, 2001.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-005 - INSTRUCTOR'S ENDORSEMENT EQUIVALENT

Current through June 17, 2024
All approved driver safety course instructors must have a driver
	 education endorsement or the equivalent. Any Nebraska university or college
	 approved or accredited by the North Central Association Of Colleges and Schools
	 may offer a driver's education equivalency course. The equivalency course,
	 including lectures, seminars, course materials and other instructional
	 programs, must be reviewed and approved by the Department. The sponsor must
	 comply with the following:
005.01 The
  application and curriculum must be submitted at least thirty (30) days prior to
  the date on which the equivalency course is to be given.
005.02 Equivalency courses must be taught by
  individuals with education or experience that is appropriate for the subject
  matter presented.
005.03 The
  sponsor must ensure that an individual attends all equivalency course
  presentations and passes the examination.
005.04
Documentation of
  Equivalency Course Completion.
The sponsor must document an individuals successful completion of a
	 equivalency course in a numbered certificate or transcript, to be given to the
	 individual no later than fifteen (15) days following the date of the final
	 examination. The certificate or transcript shall state the following:
005.04A The individuals name;
005.04B The dates that the equivalency course
  was attended; and
005.04C That the
  individual successfully completed the equivalency course.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-006 - APPROVED DRIVER SAFETY COURSE SCHOOL REQUIREMENTS

Current through June 17, 2024
Any school that offers the approved driver safety course to
	 individuals who will apply for provisional operator's permits as set out at
	 003.01 above must:
006.01
Place of Business.
Continually maintain a place of business which includes at least one
	 (1) permanent, regularly occupied structure within the State of
	 Nebraska.
006.02
Training Site.
Provide a training site to accommodate students comfortably and to
	 ensure proper safety, including:
006.02A A classroom with ample working and
  testing space for enrolled students and several observers.
006.02B Ready access to restrooms.
006.02C Audio visual equipment; chalk boards
  or other marking boards.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-008 - APPROVAL OF DRIVER SAFETY COURSE

Current through June 17, 2024
The Department will approve or deny a driver safety course
	 certification within sixty (60) days after receipt of a completed application
	 and fee. The Department will certify the course or deny the application in the
	 form of a written notice to the school contact person.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-009 - MOTOR VEHICLE REQUIREMENTS

Current through June 17, 2024
All motor vehicles, except those used by students who require adaptive
	 equipment as set out at 009.05, used in an approved driver safety course
	 must:
009.01 Be registered in
  Nebraska;
009.02 Be covered by
  liability insurance in amounts not less than set forth in section
  60-509.
  This insurance coverage shall be secured by the driver training school on a
  year-to-year basis and in the event the insurance coverage or policy on any
  motor vehicle used for driving training purposes is not renewed, the school
  shall give written notice to the Department at least ten (10) days prior to the
  expiration date of the policy or coverage;
009.03 Except for commercial trucks, any
  motor vehicle used for approved driver safety course purposes shall be equipped
  with a dual braking device which will enable the instructor to bring the motor
  vehicle under control in case of an emergency; and
009.04 Be readily identified as a driver
  training motor vehicle.
009.05
  Students who require adaptive equipment to operate a motor vehicle may use
  their personal motor vehicle during training. Before such motor vehicle may be
  used, the school shall obtain photocopies of the motor vehicle's registration
  and proof of insurance. No motor vehicle shall be used without first being
  property registered pursuant to
Neb. Rev. Stat.
'
  60-302 and also insured in accordance with
Neb. Rev.
  Stat.
' 60-312.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-010 - APPROVED DRIVER SAFETY COURSE CURRICULUM

Current through June 17, 2024
The following is the approved driver safety course education
	 curriculum for schools that offer classes to individuals who will apply for
	 provisional operator's permits using a written and drive test waiver. Standard
	 instruction will include a minimum of twenty (20) hours of classroom
	 instruction and five (5) hours of behind-the-wheel instruction. The students of
	 competency certified instructors must complete at least two (2) hours behind
	 the wheel. Students must attend all course presentations and pass all
	 examinations.
010.01
Behind-the-wheel Instruction.
A minimum of five (5) hours behind-the-wheel instruction must be
	 offered to each student in an approved driver safety course. It is to consist
	 of actual driving practice while the motor vehicle is in motion and does not
	 include the drive test.
010.01A
Substitutions.
Up to two (2) hours total
  approved driver safety course drive time may be substituted as follows:
010.01A1 Up to two (2) hours of
  behind-the-wheel instruction may be replaced by time on a closed-course driving
  range. At a proportion of two to one (2 to 1) (two (2) hours on a driving range
  equals one (1) hour behind the wheel).
010.01A2 Up to one (1) hour of
  behind-the-wheel instruction may be replaced by use of a driving simulator at a
  proportion of four to one (4 to 1). (One (1) hour of simulated driving equals
  fifteen (15) minutes of behind-the-wheel drive time.)
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-011 - SCHOOL RENEWAL APPLICATION REQUIREMENTS

Current through June 17, 2024
011.01
Expiration.
A school certificate will expire on the second anniversary of its
	 effective date unless renewed.
011.02
Application.
At least one-hundred twenty (120) days prior to expiration, the
	 Department will send to the certified school a renewal application form which
	 includes:
011.02A The date on which
  the current certificate expires;
011.02B The date by which the renewal
  application must be received by the Department for the renewal to be issued and
  mailed before the certificate expires; and
011.02C The amount of the renewal
  fee.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-012 - SCHOOL MUST NOTIFY THE DEPARTMENT OF CHANGES

Current through June 17, 2024
The Department must receive notice, in writing, within the specified
	 period, of any of the following:
012.01
Name
  Change.
Any change in the school's name, legal status or address in writing
	 ten (10) days prior to its date of occurrence.
012.02
Instructor
  Changes.
Any addition or deletion of approved instructors or changes in their
	 driving statuses within ten (10) days of date of occurrence.
012.03
School
  Closes.
If the school ceases operation in Nebraska, the school shall notify
	 the Department ten (10) days prior to its date of occurrence.
012.04
Insurance
  Change.
If the school's insurance as required by the rules and regulations is
	 canceled or altered by the insurance company, the school shall notify the
	 Department within ten (10) working days of its date of occurrence.
012.05
Curriculum Change.
Any change in the curriculum, dates or locations of the approved
	 driver safety course or the drive route not less than ten (10) days
prior
to its occurrence.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-013 - RECORDS TO BE KEPT BY THE SCHOOL

Current through June 17, 2024
Each certified school will keep the following records for three (3)
	 years at the contact person location. These records will be open to inspection
	 by the Departments auditors or examiners.
013.01
List of
  Instructors.
A list of all instructors who have taught or who are teaching the
	 approved driver safety course at the school.
013.02
Endorsement.
Proof that all instructors who have taught or who are teaching the
	 approved driver safety course for the school possess a driver's education
	 endorsement or equivalent.
013.02A
Competency Certified.
Proof that all
  instructors who have taught or who are teaching competency-based driver
  education have successfully completed three (3) credit hours of driver
  performance measurement.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-014 - SCHOOL INSPECTIONS

Current through June 17, 2024
014.01
Random
  Inspections.
The Department may conduct random examinations, inspections and audits
	 of all of the school's facilities and motor vehicles, and upon demand the
	 school shall exhibit all records, instructional aids and other objects which
	 are necessary to the investigation.
014.02
Drive
  Test.
A Department representative may take the drive test actually
	 administered by the instructor as if the representative were a test
	 applicant.
014.03
Written Evaluation.
The Department may, at the Department's discretion, prepare a written
	 report of the results of each inspection and audit. A copy of the report shall
	 be provided to the school.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-015 - DENIAL, REFUSAL TO RENEW, SUSPENSION OR REVOCATION OF A COMMERCIAL OR PUBLIC SCHOOL CERTIFICATE

Current through June 17, 2024
The Department will deny, refuse to renew, suspend or revoke an
	 approved driver safety course certificate for any of the following:
015.01 Engaging in or attempting to engage in
  administration of drive testing without a certificate.
015.02 Fraud, forgery or misrepresentation in
  an application.
015.03 Failure to
  provide notice to the Department as required by these rules and
  regulations.
015.04 Failure to
  permit on-site inspections or audits as required by these rules and
  regulations.
015.05 Failure to pay
  the fee as required by these rules and regulations.
015.06 Failure at any time to comply with the
  Motor Vehicle Operator's License Act or the rules and regulations adopted and
  promulgated by the Department under that Act.
015.07 Lack of business stability.
015.08 Fraud, forgery or falsification of any
  documents relating to the schools, instructors, drive test score sheets or the
  written and drive test waiver form.
015.09 Employing an instructor who has a
  conviction for driving a motor vehicle under the influence within the previous
  five (5) years of the date of application.
015.10 Employing an instructor who has a
  suspended or revoked driver's license within the previous five (5) years of the
  date of application, or who has a five-point (5-point) or more driving
  violation.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-016 - APPEAL

Current through June 17, 2024
016.01
Hearing.
Upon suspension, revocation, cancellation or denial of the issuance of
	 a certificate, the Director of the Department shall notify such school in
	 writing and upon written request, shall afford such school a hearing.
016.02
Stay.
Upon receipt of a written request, the Director of the Department may
	 stay an administrative order denying, canceling, suspending or revoking the
	 certificate of any school pending an administrative hearing on the
	 matter.
016.03
Administrative Procedures Act.
Any action taken by the Department to cancel, suspend, revoke or
	 refuse to issue or renew a certificate shall comply with the Administrative
	 Procedures Act.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-017 - HEARING; PROCEDURE AND NOTICE

Current through June 17, 2024
017.01
Notice.
Whenever the Department denies an initial application for or refuses
	 renewal of, or suspends or revokes a certificate, the Department shall notify
	 the party of its intent to deny, refuse renewal, suspend or revoke in the
	 following manner:
017.01A Written
  notice shall be sent by certified mail, return receipt requested, to the
  party's last-known address;
017.01B
  The notice shall state that the party may request a formal hearing by
  submitting a written request for formal hearing with the Department within
  thirty (30) days of the issuance of the notice.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-018 - INTERVENTION

Current through June 17, 2024
018.01
Petitions for
  Intervention.
Petitions for intervention must comply with the following
	 requirements:
018.01A
Form.
The petition must:
018.01A1 Be in a legible form showing the
  caption, Before the Director of the Department of Motor Vehicles, and entitled
  as, Petition for Intervention'.
018.01A2 Specify intervenors legal rights,
  duties, privileges, immunities, or other legal interests justifying their
  participation in any proceeding in which intervention is sought.
018.01A3 State the names of the interested
  parties likely to be affected by the intervenors petition.
018.01A4 State sufficient facts upon which
  the Director or hearing officer can rely to render a well-reasoned
  decision.
018.01A5 Be subscribed by
  the intervenor or by a duly authorized officer of the intervenor, if the
  intervenor is a corporation, organization, other legal entity, or the attorney
  for the intervenor. The petition must include the attorneys name, bar number,
  address and telephone number.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-019 - EVIDENCE

Current through June 17, 2024
019.01
What Evidence
  Admissible.
Any evidence shall be deemed admissible in a hearing which would be
	 admissible in civil proceedings under the laws of the State of Nebraska. In
	 addition, the hearing officer may, within his or her discretion, admit evidence
	 possessing probative value in any form commonly accepted by reasonably prudent
	 men in the conduct of their affairs.
019.01A
Secondary
  Evidence.
Pursuant to the foregoing provision, secondary
  evidence of copies of documents may be admitted.
019.01B
Privileged
  Evidence.
In all such hearings, effect shall be given to
  the rules of privilege recognized by the District Courts of the State of
  Nebraska.
019.01C
Incompetent or Irrelevant Evidence;
  Exceptions.
Incompetent, irrelevant or immaterial evidence
  may be excluded. Where proper objection is made to the admission of any
  evidence, the party making the objection shall be deemed to have taken
  exception to any adverse ruling and formal exceptions are not
  necessary.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-020 - DECISIONS AND FINAL ORDERS

Current through June 17, 2024
020.01
Written Order
  Required, Contents.
Where a decision or order is rendered by the Director adverse to any
	 party in the proceedings, the order shall be in writing or set forth in the
	 record, and accompanied by findings of fact and conclusions of law.
020.02
Copies of
  Order.
Copies of the decision and order and findings of fact and conclusions
	 of law shall be delivered upon request to any party or his or her attorney of
	 record. If the order requires revocation of a certificate, it will set forth
	 the period of revocation or suspension and require that the certificate be
	 returned to the Director.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Section 247-11-021 - APPEALS AFTER HEARING

Current through June 17, 2024
Any party aggrieved by a final decision or order of the Director, made
	 pursuant to these rules and the applicable statute, may appeal such decision or
	 order in the manner provided in the Administrative Procedure Act for contested
	 cases.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Attachment 1

Current through June 17, 2024
Click
	 here to view
Click
	 here to view
Click
	 here to view
Click
	 here to view
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Attachment 2

Current through June 17, 2024
Click
	 here to view
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 11 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER SAFETY COURSES AND PROVISIONAL OPERATORS PERMITS PURSUANT TO NEB. REV. STAT. 60-4,120.01, 60-4,130.04 and 60-4,130.05 › Attachment 3

Current through June 17, 2024
Click
	 here to view
Click
	 here to view
Click
	 here to view
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Section 247-12-001 - SCOPE

Current through June 17, 2024
Neb. Rev. Stat. §
									60-6,209 provides an avenue for
	 persons currently under a fifteen-year license revocation for a driving under
	 the influence conviction to apply for a reprieve of the revocation. The statute
	 permits such persons to file an application with the Department of Motor
	 Vehicles not more often than once per calendar year. Upon receipt of the
	 application and application fee, the Department will act on the application by
	 making a recommendation to the Board of Pardons. These rules and regulations
	 govern the application and the recommendation process. The Board makes the
	 ultimate decision and is not bound by the Department's recommendation. These
	 rules and regulations do not govern the Board's decision making process.