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Nebraska New Resident Guide

Welcome to Nebraska! As a new driver to this state you will need to be aware of our unique traffic laws and regulations. Here's what you need to keep in mind while driving in Nebraska. Some of these rules may be the same as what you're already used to, but others will be drastically different!

Licensing and Residency Requirements



  • Motor Vehicles are titled and registered on the county level in the State of Nebraska. Individuals have 30 days after arriving in Nebraska to obtain a Nebraska title and registration for their vehicles.
  • New residents 18 or older surrendering a valid out-of-state license: vision test required, drive test administered at discretion of driver licensing staff. If unable to surrender the out of state license or if the license is expired, the written test and drive test will be required as well as proof of Identification. Address verification required for all residents obtaining initial Nebraska document.
  • If your name or address changes, you must apply for a replacement license or ID card within 60 days of such change.

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Graduated Licensing Program



School Learner's Permit (LPE)

Requirements

  • Must be 14 - 16 years of age.
  • Must pass written test.

Privileges and Restrictions

  • Issued for the purpose of allowing a student to legally practice driving for a School Permit
  • Must be accompanied by a licensed driver who is at least 21 years old.

School Permit (SCP)

Requirements

  • Must be age 14 and 2 months - 16 and 3 months;
  • Must live 1.5 miles or more from school;
  • Must either reside outside a city of 5,000 or more OR must attend a school located outside a city of 5,000 or more;
  • Must have held LPE or LPD for two months;
  • Must have completed DMV approved driver safety course and pass written and drive test given by instructor, OR complete 50 hours (10 at night) of certified driving time and pass the drive test administered by a license examiner.

Privileges and Restrictions

  • May operate a motor vehicle unsupervised between school and home or at any time when accompanied by a licensed driver who is at least 21 years old.
  • All passengers must be properly secured in an occupant protection system.

Learner's Permit (LPD)

Requirements

  • Must be 15.
  • Must pass written test.

Privileges and Restrictions

  • Must be accompanied by a licensed driver who is at least 21 years old.

Provisional Operator's Permit (POP)

Requirements

  • Must be 16
  • Must have held LPE, SCP, or LPD for at least 6 months.
  • Must complete DMV approved driver safety course and pass written and driving test given by instructor OR complete 50 hours (10 at night) of certified driving time and pass a drive test administered by a driver license examiner.

Privileges and Restrictions

  • May not drive between midnight and 6 AM unless driving to or from home, work, or school.
  • During first 6 months, may only operate vehicle with no more than 1 passenger who is not an immediate family member and who is under 19 years of age.
  • All passengers must be properly secured in an occupant protection system.

Unrestricted License

Requirements

  • Must have held POP for 12 months.
  • Must not have accumulated 3 or more points on driving record.

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Violation Point Counts

The amount of points that go against your driver's license for specific types of violations.



12 Point Violations

  • Motor vehicle homicide
  • Driving under the influence - 3rd or subsequent offense

6 Point Violations

  • Failure to render aid in accident you are involved in
  • Leave the scene of an accident
  • Driving Under the Influence - 1st and 2nd Offense
  • Willful reckless driving (deliberate & intentional)

5 Point Violations

  • Reckless driving (rash, heedless, dangerous)

4 Point Violations

  • Careless driving (inattentive, forgetful, inconsiderate)
  • Failure to yield to a pedestrian with bodily injury to the pedestrian
  • Speeding - Business & Residential District - over 35 MPH over limit
  • Speeding - County Roads & State Highways - over 35 MPH over limit
  • Speeding - Interstate Highway - over 35 MPH over limit

3 Point Violations

  • Negligent driving (indifferent, offhand, neglectful)
  • Speeding - Business & Residential District - over 10 MPH over limit
  • Speeding - County Roads & State Highways - over 15 MPH over limit
  • Speeding - Interstate Highway - over 15 MPH over limit

2 Point Violations

  • Failure to yield to a pedestrian with no bodily injury to pedestrian
  • Speeding - Business & Residential District - 5 through 10 MPH over limit
  • Speeding - County Roads & State Highways - over 10 through 15 MPH over limit
  • Speeding - Interstate Highway - over 10 through 15 MPH over limit

1 Point Violations

  • Failure to submit to an alcohol content test
  • Speeding - Business & Residential District - over 1 through 5 MPH over limit
  • Speeding - County Roads & State Highways - over 1 through 10 MPH over limit
  • Speeding - Interstate Highway - over 1 through 10 MPH over limit
  • Operating a vehicle with an expired license or if no license has ever been issued.
  • All other traffic violations

Time Points Remain on Record

Convictions remain on the driving record for five years.

Accumulating 12 points in a two year time period (counting from the last date of violation) causes automatic revocation of the operator's license under the Nebraska Point System.


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Insurance Requirements



All motor vehicles operated on public roadways must have financial responsibility (insurance) in the following amounts:

  • $25,000 because of bodily injury to or death of one person in any one crash.
  • $50,000 because of bodily injury to or death of two or more persons in any one crash.
  • $25,000 because of injury to or destruction of property of others in any one crash.

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Headlight Laws



You must dim your headlights from high to low beam when you are 200 feet of a vehicle traveling ahead of you, or when meeting an oncoming vehicle.

You must use your headlights:

  • From sunset to sunrise;
  • Whenever using windshield wipers;
  • When visibility is less than 500 feet.

There is no specific law allowing or prohibiting headlight flashing.


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Implied Consent Laws



Criminal - Same as DWI

  • First offense (Class W misdemeanor) - Not more than 60 days and not more than $500.
  • Second offense (within 15 years) (Class W misdemeanor) - Not more than 6 months and not more than $500.
  • Third offense (within 15 years) (Class W misdemeanor) - Not more than 1 year and not more than $1,000.
  • Fourth offense (within 15 years) (Class IIIA felony) - Not less than 180 days or more than 5 years and/or not more than $10,000.
  • Fifth or subsequent offense (within 15 years) (Class III felony) - Not less than 2 years or more than 20 years and/or not more than $25,000.
  • Persons Under 21:
    • A person under 21 who refuses to submit to a chemical test commits a Traffic Infraction. Sanctions:
      • First offense - Not more than $100
      • Second offense (within 1 year) - Not more than $200
      • Third or subsequent offense (within 1 year) - Not more than $300
  • BAC greater than or equal to .15:
    • First offense (Class W misdemeanor) - Not less than 2 days or more than 60 days and not more than $500.
    • Second offense(Class I misdemeanor) - Not more than 1 year and/or not more than $1,000.
    • Third offense(Class IIIA felony) - Not less than 180 days or more than 5 years and/or not more than $10,000.
    • Fourth offense (Class III felony) - Not less than 1 year or more than 20 years and/or not more than $25,000.
    • Fifth or subsequent offense (Class II felony) - Not less than 2 years or more than 50 years.
  • DUI Serious Bodily Injury (Class IIIA Felony) - Not more than 5 years and/or not more than $10,000.

Administrative

  • Persons under 21:
    • 90 days license "impoundment." Restricted driving privileges for employment are available. The driver licensing record for this administrative action must be expunged after 120 days.
  • Probation/suspension of sentence not granted:
    • First offense -Revocation = 6 months ; greater than or equal to .15 - Revocation = 1 year.
    • Second offense - Revocation = 1 year (45 days mand.); greater than or equal to .15 - Revocation = at least 1 year but not more than 15 years.
    • Third offense - Revocation = 15 years; greater than or equal to .15 - Revocation = 15 years.
    • Fourth offense - Revocation = 15 years; greater than or equal to .15 - Revocation = 15 years.
    • Fifth or subsequent offense - Revocation =15 years; greater than or equal to .15 - Revocation = 15 years.
  • Probation/suspension of sentence granted:
    • First offense - Revocation = 60 days; greater than or equal to .15 - Revocation = 1 year.
    • Second offense - Revocation = 1 year (45 days mand.); greater than or equal to .15 - Revocation = at least 1 year but not more than 15 years.
    • Third offense - Revocation = at least 2 years but not more than 15 years ; greater than or equal to .15 - Revocation = at least 5 years but not more than 15 years.
    • Fourth offense - Revocation = 15 years; greater than or equal to .15 - Revocation = 15 years.
    • Fifth or subsequent offense - Revocation = .15.

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DUI Penalties



DWI

First offense (Class W misdemeanor)

  • Up to 60 days imprisonment.
  • Up to $500 fine;
  • Up to 6 months license revocation.
  • If BAC .15 or greater:
    • Minimum 2 days imprisonment.
    • 60 days - 1 year license revocation.

Second offense (within 15 years) (Class W misdemeanor)

  • Up to 6 months imprisonment;
  • Up to $500 fine;
  • Up to 1 year license revocation;
  • If BAC .15 or greater:
    • Up to 1 year imprisonment and $1,000 fine.
    • 1 - 15 year license revocation.

Third offense (within 15 years) (Class W misdemeanor)

  • Up to 1 year imprisonment.
  • Up to $1,000 fine.
  • Up to 15 year license revocation.
  • If BAC .15 or greater, 180 days - 5 years imprisonment and $10,000 fine.

Fourth offense (within 15 years) (Class IIIA felony)

  • 180 days - 5 years imprisonment.
  • Up to $10,000 fine.
  • Up to 15 year license revocation.
  • If BAC .15 or greater, 1 - 20 years imprisonment and up to $25,000 fine.

Fifth or subsequent offense (within 15 years) (Class III felony)

  • 2 - 20 years imprisonment.
  • Up to $25,000 fine.
  • Up to 15 year license revocation.
  • If BAC .15 or greater, 2 - 50 years imprisonment.

Other

Community service

  • May be ordered as alternative to fine or incarceration, as a condition of probation, or in addition to another sentence

Driver Education Program

  • Offenders who have accumulated 12 or more points within 2 years must attend and successfully complete a driver's education program of at least 8 hours duration before any license may be reinstated.

Alcohol education and treatment

  • if referred

Ignition interlock

  • May be ordered by court if defendant is granted probation

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Open Container Law



The Open Container Law prohibits possession of an open alcoholic beverage container in the passenger area of any motor vehicle, by any occupant of the vehicle, on any public highway or right of way, whether or not the vehicle is in motion.


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Red Light Violation Fines



  • Nebraska does not have a state law governing red light fines or the use of traffic cameras for red light enforcement.
  • The fine for a red violation may be up to $100 for a first offense.

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Construction Zone Penalties



Speeding violations are subject to two times the original fine, whether or not workers are present.


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Turn Signal Information



Signal your intention to turn or change lanes at least 100 feet in advance.


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Hazard Light Information



Hazard light use is permitted when parked on a freeway. Hazard light use while driving is prohibited.


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Funeral Procession Right-of-Way Laws



  • Nebraska has no state law regarding right of way for a funeral procession.
  • Funeral processions are not required to allow sufficient space between vehicles so as to enable any other vehicle to enter and occupy such space without danger.

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School Bus Laws



Requirements

  • Vehicles are required to stop unless approaching the school bus in the opposite direction on a roadway divided by a median.

Penalties

  • Failure to stop and remain stopped when required is a Class IV misdemeanor, and will result in a fine of $100 - $500 and 3 points assessed against the driver's record.

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Bicyclist Passing Distance



A 3-foot minimum passing distance is required.


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Motorcycle Laws



Licensing

  • Learner's Permit (LPE or LPD): The applicant must pass a vision test before obtaining either permit and must also pass a written test for an LPD. The permit authorizes the holder to operate a motorcycle if he or she is within visible contact and is under the supervision of a person who is age 21 or older and a licensed motorcycle operator.
  • Class M: Applicant must pass a vision and written test. Applicant must also successfully complete a drive test. This examination may be waived if the applicant presents proof of successful completion of a DMV-approved motorcycle safety course within the immediately preceding 48 months.

Protective Gear

  • A person shall not operate or be a passenger on a motorcycle unless such person is wearing a protective helmet of the type and design meeting U.S. Department of Transportation standards. The helmet must also be secured properly on the operator or passenger's head with a chin strap.

Headlights

  • Daytime use of headlight is not required.

Sharing the Road

  • Lane splitting is not authorized.
  • Two motorcycles may travel side-by-side in a single lane.

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Using the Shoulder to Pass



You may not drive off the roadway to pass on the right.


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Passing Laws



Do Not Pass:

  • When approaching or upon a hill or curve.
  • When approaching within 100 feet of or traversing any intersection or railroad grade crossing.
  • When approaching within 100 feet of any bridge, viaduct, or tunnel.

When Being Passed:

  • Give way to the right in favor of the overtaking vehicle.
  • Do not increase the speed of your vehicle until completely passed by the overtaking vehicle.

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Speed Limits



  • 75 mph on interstate highways;
    • Exceptions: The maximum speed limit is 60 mph on any portion of the interstate highway in Douglas County, on Interstate 180 in Lancaster County and on Interstate 129 in Dakota County.
  • 65 mph on a State freeway 242 or expressway;
    • A "freeway" is defined as "an expressway with full control of access."
    • An "expressway" is defined as "a divided arterial highway for through traffic with full or partial control of access which may have grade separations at intersections."
  • 60 mph on other State highways;
    • The Department of Roads may, where existing design and traffic conditions allow, according to an engineering study, authorize a speed limit 5 miles per hour greater
  • 55 mph upon any dustless-surfaced highway not part of the State highway system;
  • 50 mph upon a non-dustless-surfaced highway not part of the State highway system;
  • 25 mph in a residential district;
  • 20 mph in a business district.

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Safety Belt and Child Safety Seat Laws



Safety Belts

  • Occupants 18 years and older in the front seat must wear safety belts.
  • Police may not stop vehicles solely for belt law violations.
  • The fine for a first offense is $25.

Child Seats

  • Children 5 years and younger must be in a child seat.
  • Children 6 through 17 years must be restrained, and may use an adult safety belt.
  • Police may stop vehicles solely for violations if the child must be in a child seat, but not if the child may use an adult safety belt.
  • The fine for a first offense is $25.
  • Points will be assessed for a violation of this law.

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Emergency Vehicle Laws



Move Over

  • When you see any of these vehicles displaying flashing lights while stopped on or adjacent to the roadway:
    • Emergency vehicle
    • Road assistance vehicle
  • You must do the following:
    • If on a highway with at least two adjacent lanes proceeding in the direction you are going, and it is safe to do so, move into a lane at least one moving lane away from the stopped vehicle.
    • If changing lanes would be impossible or unsafe, or the highway does not have two adjacent lanes proceeding in the direction you are going, reduce the speed of the vehicle and maintain a safe speed for road, weather, and traffic conditions.

Following

  • Do not follow a fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into or park within the block where the fire apparatus has stopped in answer to a fire alarm.

Collision Procedures

  • Stop at the scene or as close as possible without obstructing traffic more than necessary, and remain at the scene until all requirements are fulfilled
  • You must provide the following information to any other person involved in the accident, or any police officer at the scene of the crash:
    • Driver's name, address, telephone number, and operator's license number
    • Vehicle registration number
    • Show driver's license upon request
  • Provide assistance to any injured person, including transporting them or making arrangements for transportation to a hospital or doctor, if necessary or requested.
  • If you have collided with a vehicle or other property that is unattended, leave a written notice providing the name, address, telephone number, and operator's license number of the driver, and the registration number of the vehicle. You must also report the collision to a peace officer.
  • Report crash
    • If the crash resulted in injury, death, or property damage of $1,000 or more, you must report the accident in writing within 10 days after the accident, unless the accident was investigated by a law enforcement officer.
    • If the driver is physically incapable of making a written report, and the driver is not the owner of the vehicle, the owner of the vehicle must make the report.

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