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 247-12-003 - DEFINITIONS

Current through June 17, 2024
003.01
Affiant
the person who completes and
  signs an affidavit in front of a notary.
003.02
Applicant
any person serving a
  fifteen-year license revocation sentence who has filed an application with the
  Department for a recommendation to the Board for a reprieve of the
  revocation.
003.03
Application
the form prescribed by the
  Department upon which the applicant must request a recommendation and includes
  any other evidence filed by the applicant and/or any other person or
  agency.
003.04
Board
the Nebraska Board of
  Pardons.
003.05
BrAC
the breath alcohol concentration in
  a given amount of breath, expressed by a weight by volume (w/v) based upon
  grams of alcohol per 210 liters of breath (2100:1 ratio).
003.06
Date of the
  revocation order
the date the revocation goes into effect
  pursuant to the judgment of the court in accordance with Neb. Rev. Stat.
  §§
									60-6,196 and
  60-6,197.
003.07
Department
the Nebraska Department of
  Motor Vehicles.
003.08
Director
the Director of the Department
  or his or her delegate acting under the Director's authority.
003.09
Ignition interlock
  device
a device that is designed to allow a driver to start
  a motor vehicle if the driver's BrAC is below the set point and to prevent the
  driver from starting the motor vehicle if the driver's BrAC is at or above the
  set point. The purpose of the ignition interlock device, as required by Neb.
  Rev. Stat. §
									60-6,211.05 and approved by the
  Department in 250 NAC 1, is to measure the BrAC of the driver, to prevent the
  motor vehicle from being started if the BrAC exceeds a preset limit, and to
  deter and to record circumvention, tampering, disabling, bypassing, or altering
  in any way.
003.10 Ignition
  Interlock Permit (IIP) a permit issued to a driver which allows the driver to
  operate a motor vehicle or vehicles which is equipped with an ignition
  interlock device. The permitted uses of the driver's IIP shall be printed on
  the back of the IIP. An IIP will not confer CDL privileges.
003.11
License
any license or permit to operate
  a motor vehicle issued under the laws of this state and includes the privilege
  to drive whether or not a person holds a valid license or permit.
003.12
Recommendation
the written finding and
  conclusion of the Director based on the application. The recommendation is made
  to the Board, but is not binding on it.
003.13
Reprieve
lessening the severity of a
  fifteen-year license revocation. A reprieve includes the possibility of
  restrictions on a license or ignition interlock permit (IIP) to operate a motor
  vehicle. The fifteen-year revocation remains in place. The reprieve allows the
  applicant to obtain an ignition interlock permit (IIP) to drive until the
  original fifteen-year license revocation has expired.
003.14
Revocation
the termination by a court of
  competent jurisdiction or any formal action of the Department of a person's
  operator's license, which termination shall not be subject to renewal or
  restoration. At the expiration of the period of termination, the person may
  make application for a new license.
003.15
State-certified
  substance abuse counselor
an individual certified by or
  licensed by the state of Nebraska in compliance with the Alcohol and Drug
  Counseling Practice Act (Neb. Rev. Stat. §
									38-301 et. seq.).
003.16
State-certified
  substance abuse program
a program certified by or licensed
  by the state of Nebraska in compliance with Title 203, Nebraska Administrative
  Code, Chapter 5.