No vehicle shall turn at any intersection where an automatic
signal system is in operation except when such signal system is displaying
a green light; Provided, vehicles may turn right on a red signal when
in compliance with the provisions of this article governing such turns.
No vehicle shall be turned so as to proceed in the opposite direction
at any intersection where an automatic signal system is in operation.
(Ref. 39-609 through 39-611, 39-614 RS Neb.)
Except where a traffic-control device is in place prohibiting
a turn, vehicles facing a steady red signal may cautiously enter the
intersection to make a right turn after stopping. Such turning vehicle
shall yield the right-of-way to pedestrians lawfully within the adjacent
crosswalk and to other vehicular traffic lawfully using the intersection.
The Governing Body of the Municipality has the authority to prohibit
turning right on red at any intersection within the Municipality where
it deems such a prohibition necessary; Provided, those intersections
where turning right on red is prohibited shall bear signs to that
effect placed and printed in such a manner so as to be conspicuous
from a vehicle about to enter the intersection. (Ref. 39-614, 39-697
RS Neb.)
[Amended 2-15-2022 by Ord. No. 1304]
The City Council may, by resolution, designate certain streets in the City that trucks shall travel upon, and it shall be unlawful for persons operating such trucks to travel on other streets than those designated for trucks, unless to pick up or deliver goods, wares, or merchandise, and in that event, the operator of such truck shall return to such truck routes as soon as possible in traveling through or about the City. The City Council shall cause notices to be posted or shall erect signs indicating the streets so designated as truck routes. Trucks, for purposes of this section, shall mean any motor vehicle, trailer, or combination thereof with a licensed gross weight in excess of 10,000 pounds (5 tons). In addition to the penalty imposed for violations of this Article, any vehicle found parked in violation of this Section may be issued a parking citation for violation of Section 5-604, Parking; Areas. (Ref. 60- 681 RS Neb.)
The Governing Body may, by resolution, provide for one-way travel
in any street, or alley located in the Municipality and shall provide
for appropriate signs and markings when said streets have been so
designated by resolution. (Ref. 39-697 RS Neb.)
The Governing Body may, by resolution, mark lanes for traffic
on street pavements at such places as it may deem advisable. (Ref.
39-697 RS Neb.)
The Governing Body may, by resolution, designate any street
or portion thereof as an arterial street and shall provide for appropriate
signs or markings when such street has been so designated. (Ref. 39-697
RS Neb.)
No vehicle shall be turned so as to proceed in the opposite
direction, except at a street intersection. No vehicle shall be turned
so as to proceed in the opposite direction at any intersection where
an automatic signal is in operation, or where a sign is posted indicating
that U-turns are prohibited. (Ref. 39-651, 39-697 RS Neb.)
A signal of intention to turn right or left shall be given continuously
during not less than the last 100 feet traveled by the vehicle before
turning. The signals herein required shall be given either by means
of the hand and arm, or by a signal device of a type approved by the
Department of Roads. The hand and arm signals herein required shall
be given from the left side of the vehicle in the following manner:
STOP or decreased speed, hand and arm extended downward; LEFT TURN,
hand and arm extended horizontally; RIGHT TURN, hand and arm extended
upward. (Ref. 39-652 through 39-654 RS Neb.)
Vehicles turning to the right into an intersecting street shall
approach such intersection in the lane of traffic nearest to the right
hand side of the highway and must turn the corner as near the right
hand curb as possible to keep between the curb to the right and the
center of the intersection of the two streets. The driver of a vehicle
intending to turn to the left shall approach such center line of the
highway on two way streets, or from the lane of traffic nearest to
the left hand side of the highway on one way streets, and in turning
shall pass as near as possible to the center of the intersection,
passing as closely as practicable to the right thereof before turning
such vehicle to the left. For the purposes of this section, the center
of the intersection shall mean the meeting point of the medial lines
of the highways intersecting one another. (Ref. 39-650 RS Neb.)
The operator of a vehicle shall, before stopping, turning, or
changing the course of such vehicle, see that there is sufficient
space to make such movement in safety. If any pedestrian might be
affected by such movement, the operator shall give a clearly audible
signal by sounding the horn, and whenever the operation of any other
vehicle may be affected by such movement, he shall give some unmistakable
signal to the driver of all other vehicles of his intention to make
such movement. (Ref. 39-644, 39-652, 39-697 RS Neb.)
When two vehicles approach, or enter an intersection at approximately
the same time, the driver of the vehicle on the left shall yield the
right-of-way to the vehicle on the right when the paths of such vehicles
intersect and there is danger of a collision, unless otherwise directed
by a Municipal Policeman stationed at the intersection. The driver
of a vehicle intending to turn to the left within an intersection,
or into an alley, private road, or driveway shall yield the right-of-way
to any vehicle approaching from the opposite direction which is within
the intersection or so close thereto as to constitute an immediate
hazard. The driver of a vehicle on any street shall yield the right-of-way
to a pedestrian crossing such street within any clearly marked crosswalk,
or at any regular pedestrian crossing at the end of a block where
the movement of traffic is being regulated by traffic officers or
traffic direction devices. Every pedestrian crossing a street at any
point other than a pedestrian crossing, crosswalk, or intersection
shall yield the right-of-way to vehicles upon the street. The driver
of a vehicle entering a Municipal street from a private road, or drive
shall yield the right-of-way to all vehicles approaching on such streets.
The driver of a vehicle upon a street shall yield the right-of-way
to authorized emergency vehicles when the latter are operated upon
official business and the drivers thereof make proper use of visual
or audible signals. (Ref. 39-635 through 39-643 RS Neb.)
The driver of a vehicle about to be overtaken and passed by
another vehicle approaching from the rear shall give way to the right
in favor of the overtaking vehicle. (Ref. 39-622 RS Neb.)
Vehicles moving slowly shall keep as close as possible to the
curb on the right, allowing more swiftly moving vehicles free passage
to their left. Vehicles in motion shall be kept between the curb at
the right and the center of the street. (Ref. 39-622, 39-697 RS Neb.)
Upon the approach of any authorized emergency vehicle, every
vehicle within one block of the route of such emergency vehicle shall
immediately stop, except at the time they are on or crossing a street
intersection, in which event, such vehicle shall drive clear of the
street intersection and then stop. Every vehicle along the route of
such emergency vehicle shall immediately move to a position as near
the right hand curb as possible and remain there until such authorized
emergency vehicle or vehicles have passed; Provided, said vehicles
are operated on official business and the drivers thereof make use
of proper visual or audible signals. (Ref. 39-640 RS Neb.)
Upon all highways of sufficient width, one-way streets excepted,
the driver of a vehicle shall drive the same on the right half of
the roadway. In passing or meeting other vehicles, drivers shall give
each other at least 1/2 of the main traveled portion of the roadway.
(Ref. 39-620 RS Neb.)
A vehicle shall not be driven to the left of the center line
of the highway in overtaking or passing another vehicle proceeding
in the same direction, unless such left side is clearly visible and
free from oncoming traffic for a sufficient distance to permit such
overtaking and passing to be made in safety. (Ref. 39-625 RS Neb.)
Before backing, ample warning shall be given and while backing,
unceasing vigilance must be exercised not to injure those behind.
The driver of a parked vehicle about to back shall give moving vehicles
the right-of-way. (Ref. 39-675, 39-697 RS Neb.)
All vehicles before crossing a sidewalk, emerging from a garage,
alley, filling station, or other place within the "business district,"
shall come to a complete stop, and after giving sufficient warning
shall proceed slowly and with extreme caution while crossing such
sidewalk, or leaving such garage, alley, filling station, or other
place. The term "slowly" shall be construed to mean such rate of speed
as is reasonable and proper under the circumstances and the condition
of the street and traffic thereon. (Ref. 39-638 RS Neb.)
The Governing Body may, by resolution, establish and maintain,
by appropriate devices, markers, or lines upon the street, crosswalks,
at intersections where there is particular danger to pedestrians crossing
the street, and at such other places as they may deem necessary. (Ref.
39-697 RS Neb.)
The Governing Body may, by resolution, provide for the placing
of stop signs, or other signs, signals, standards, or mechanical devices
in any street or alley under the Municipality's jurisdiction for the
purpose of regulating, or prohibiting traffic thereon. Such resolution
shall describe the portion of the street or alley wherein traffic
is to be regulated or prohibited; the regulation or prohibition; the
location where such sign, signal, standard or mechanical device shall
be placed; and the hours when such regulation or prohibition shall
be effective. It shall be unlawful for any person to fail, neglect,
or refuse to comply with such regulation, or prohibition. (Ref. 39-609
through 39-611, 39-697 RS Neb.)
[Added by Ord. No. 1033, 8-15-2000; amended by Ord. No.
1184, 11-20-2012]
1.
The Governing Body may, by resolution, erect or cause to be erected
caution signs informing drivers of special needs children in appropriate
locations near where such children reside. The erection of such signs
shall be entirely in the discretion of the Governing Body.
2.
The Governing Body will consider the erection of such signs only
upon the written application therefor on forms provided by the City
Clerk.
3.
The Governing Body will review such application and may pass a resolution
authorizing placement of "Caution — Special Needs Child" only
if the following conditions exist:
4.
If approved, a maximum of two signs will normally be installed in
the street right-of-way adjacent to the home of the child.
5.
Any sign so erected is subject to removal one year from the date
of its installation, unless the applicant files a renewal application
requesting that the sign remain in place. The applicant may request
annual renewal for so long as the child qualifies under Subsection
3b.
6.
The applicant shall notify the City Clerk if the child moves or when
the child reaches age 15 or starts high school. Upon such notification
the sign shall be removed.
Every person operating any vehicle shall, upon approaching any
stop sign erected in accordance with the resolution prescribed heretofore,
cause such vehicle to come to a complete stop before entering or crossing
any street, highway, or railroad crossing. The vehicle operator shall
stop at a marked stop line, or, if there is no stop line, before entering
the crosswalk; but if neither is indicated, then as near the right-of-way
line of the intersecting roadway as possible. (Ref. 39-609 through
39-611, 39-697 Neb.)
No person shall throw, cast, lay, or place upon any street any
thorns, nails, tacks, glass, bottles, window glass, or other articles
made of, or containing, glass, and in case of an accident causing
the breaking of any glass upon any street, the owner or person in
charge of such glass, or the person responsible for such breakage,
shall at once remove, or cause the same to be removed, from the street.
(Ref. 39-683 RS Neb.)
It shall be unlawful for any person to willfully deface, injure,
remove, obstruct or interfere with any official traffic sign or signal.
(Ref. 39-619 RS Neb.)
It shall be unlawful for any person to maintain or display upon,
or in view of any street, any unofficial sign, signal, or device which
purports to be, is an imitation of, or resembles an official traffic
sign or signal which attempts to direct the movement of traffic, or
which hides from view, or interferes with the effectiveness of any
official sign or signal. Every such prohibited sign, signal, or device
is hereby declared to be a public nuisance, and any police officer
is hereby empowered to remove the same, or cause it to be removed,
without notice. (Ref. 39-618 RS Neb.)
No person shall operate a motor vehicle on any street, alley,
or other place at a rate of speed greater than 25 miles per hour within
the residential district, and 20 miles per hour within the business
district, unless a different rate of speed is otherwise posted; Provided,
however, the speed limit on Park Drive commencing at 85th Street to
90th Street shall not be in excess of 30 miles per hour. In no instance
shall a person drive a vehicle on a highway at a speed greater than
is reasonable and prudent under the conditions. (Ref. 39-662, 39-663
RS Neb.)
Determinations made regarding the speed of any motor vehicle
based upon the visual observation of any law enforcement officer may
be corroborated by the use of radio microwaves or other electronic
device. The results of such radio microwave or other electronic speed
measurement may be accepted as competent evidence of the speed of
such motor vehicle in any court or legal proceeding when the speed
of the vehicle is at issue. Before the Municipality may offer in evidence
the results of such radio microwave or other electronic speed measurement
for the purpose of establishing the speed of any motor vehicle, the
Municipality shall prove the following:
A.
The measuring device was in proper working order at the time of conducting
the measurement;
B.
The measuring device was being operated in such a manner and under
such conditions so as to allow a minimum possibility of distortion
or outside interference;
C.
The person operating such device and interpreting such measurement
was qualified by training and experience to properly test and operate
the device; and
D.
The operator conducted external tests of accuracy upon the measuring
device, within a reasonable time both prior to and subsequent to an
arrest being made, and the measuring device was found to be in proper
working order.
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The driver of any such motor vehicle may be arrested without
a warrant under the authority herein granted if the arresting officer
is in uniform or displays his or her badge of authority; Provided,
that such officer shall have observed the recording of the speed of
such motor vehicle by the radio microwaves, or other electronic device
or had received a radio message from the officer who observed the
speed of the motor vehicle recorded by the radio microwaves or other
electronic device. In the event of an arrest based on such a message,
such radio message must have been dispatched immediately after the
speed of the motor vehicle had been recorded, and must include a description
of the vehicle and the recorded speed. (Ref. 39-664 RS Neb.)
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[Amended by Ord. No. 818, 11-3-1987]
It shall be unlawful for any person to operate, or be in actual
physical control of, any motor vehicle:
1.
While under the influence of alcoholic liquor or of any drug;
2.
When such person has a concentration of 0.10 of one gram or more
by weight of alcohol per 100 milliliters of his or her blood;
3.
When such person has a concentration of 0.10 of one gram or more
by weight of alcohol per 210 liters of his or her breath; or
4.
When such person has a concentration of 0.10 of one gram or more
by weight of alcohol per 100 milliliters of his or her urine.
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Any person who operates or has in his or her actual physical
control a motor vehicle upon a public highway shall be deemed to have
given his or her consent to submit to a chemical test of his or her
blood, breath, or urine, for the purpose of determining the amount
of alcohol content in such blood, breath or urine. Any duly authorized
law enforcement officer may require such person to submit to said
chemical test when such person has been arrested:
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(a)
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For any offense arising out of acts alleged to have been committed
while the person was driving or in actual physical control of a motor
vehicle if the officer has reasonable grounds to believe that such
person was under the influence of alcoholic liquor at the time or
the offense;
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(b)
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For refusing to submit to a preliminary test of his or her breath
for alcohol content if the officer has reasonable grounds to believe
that such person has alcohol in his or her body; or
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(c)
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When such preliminary breath test results indicate an alcohol
content of 0.10 of one gram or more by weight or alcohol per 200 10
liters of his or her breath.
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Any person who refuses to submit to such preliminary breath test shall be guilty of a misdemeanor. Any person who refuses to submit to a chemical blood, breath, or urine test as required above or who shall operate or be in actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or while in a condition described in Subsections 1, 2, 3 or 4 of this section shall be deemed guilty of a crime. Upon the conviction of any person for the violation of this section, there shall be assessed as part of the court costs, the fee charged by any physician or any agency administering tests pursuant to a permit issued in accordance with Section 39-669.11 RRS, for the test administered and the analysis thereof if such test was actually made. (Ref. 39-669.07 through 39-669.13 RS Neb.)
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Any person who drives a motor vehicle in such a manner as to
indicate an indifferent or wanton disregard for the safety of persons
or property shall be deemed to be guilty of reckless driving, and
as such shall be punished as provided by statute. (Ref. 39-669.01,
39-669.02, 39-669.26 RS Neb.)
Any person who drives a motor vehicle in such a manner as to
indicate a willful disregard for the safety of persons, or property
shall be deemed to be guilty of willful, reckless driving, and shall
be punished as provided by statute. (Ref. 39-669.03 through 39-669.06
RS Neb.)
Any person who drives any motor vehicle in this Municipality
carelessly or without due caution so as to endanger a person or property
shall be guilty of careless driving. (Ref. 39-669 RS Neb.)
Any person who operates a motor vehicle in such a manner as
to indicate a want of ordinary care and caution that a person of ordinary
prudence would use under like circumstances shall be deemed guilty
of negligent driving. (Ref. 39-669.26 RS Neb.)
It shall be unlawful for any person to back a motor vehicle
on the Municipal streets except to park in or to remove the vehicle
from a permitted parking position, to move the vehicle from a driveway,
or to back to the curb for unloading where such unloading is permitted;
Provided, a vehicle shall be backed only when such movement can be
made in safety and in no case shall the distance of the backing exceed
1 1/2 lengths of the vehicle. (Ref. 39-675, 39-697 RS Neb.)
It shall be unlawful for any person to stop any vehicle on any
public street or alley, other than in permitted parking areas, except
when such a stop is necessary for emergency situations, to comply
with traffic control devices and regulations, or to yield the right-of-way
to pedestrians or to other vehicles. (Ref. 39-672, 39-697 RS Neb.)
The driver of a vehicle shall not overtake and pass another
vehicle proceeding in the same direction, while traversing a street
intersection, if such passing requires such overtaking vehicle to
drive to the left of the center of the street. (Ref. 39-625 RS Neb.)
The driver of a vehicle about to be overtaken and passed by
another vehicle shall not increase the speed of this vehicle until
completely passed by the overtaking vehicle. (Ref. 39-622 RS Neb.)
Two or more vehicles shall not be driven abreast except when
passing, or when traversing a multi-lane or one-way street; Provided,
motorcycles may be driven no more than two abreast in a single lane.
(Ref. 39-628, 39-694 RS Neb.)
The operator of a vehicle shall not follow another vehicle more
closely than is reasonable and prudent having due regard for the speed
of the vehicles, and the traffic and condition of the street. (Ref.
39-629 RS Neb.)
The driver of any vehicle shall not follow any fire apparatus
traveling in response to a fire alarm closer than 500 feet, or drive
into, or park such vehicle within the block where fire apparatus has
stopped in answer to a fire alarm. (Ref. 39-681 RS Neb.)
No vehicle, except police vehicles, fire department vehicles,
when responding to emergency calls or orders in their several departments,
ambulances responding to emergency calls, or vehicles carrying United
States mails shall be driven through a funeral procession or cortege
except with the permission of a police officer. (Ref. 39-629, 39-697
RS Neb.)
No person shall drive a motor vehicle when it is so loaded,
or when there is in the front seat such a number of persons, exceeding
three, as to obstruct the view of the driver to the front or sides
of the vehicle or to interfere with the driver's control over the
driving mechanism of such vehicle. (Ref. 39-677 RS Neb.)
No person shall permit any rope, strap, chain or other article
to drop behind any vehicle while in use on the streets, except persons
operating vehicles transporting gasoline, benzene or other flammable
materials. (Ref. 39-697 RS Neb.)
No person shall permit any other person to ride on the running
board, hood, top, or fenders of any motor vehicle. Nor shall any person
ride on the running board, hood, top, or fenders of any motor vehicle.
(Ref. 39-677, 39-697 RS Neb.)
No person riding upon any bicycle or roller skates shall attach
the same or himself to any moving vehicle upon any roadway, and it
shall be unlawful for the driver of any vehicle to suffer or permit
any person traveling upon any bicycle or roller skates to cling to
or attach himself or his bicycle, or roller skates, to such vehicle
so driven and operated by him. (Ref. 39-689 RS Neb.)
No motor vehicle or livestock shall be driven or ridden within
any sidewalk space, except a permanent or temporary driveway. (Ref.
39-676 RS Neb.)
The driver of any vehicle involved in an accident upon a public
highway, private road, or private drive, resulting in injury or death
to any person shall:
1.
Immediately stop such vehicle at the scene of the accident.
2.
Give his name, address, and the registration number of his vehicle,
and exhibit his operator's, or chauffeur's license, to the person
struck, or the driver, or occupants, of any vehicle collided with.
3.
Render to any person injured in such accident reasonable assistance,
including the carrying of such person to a physician or surgeon for
medical or surgical treatment if it is apparent that such treatment
is necessary, or is requested by the injured person.
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The driver of any vehicle involved in an accident, whether upon
the public highway, private road, or private drive, resulting in damage
to property shall:
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1.
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Immediately stop such vehicle at the scene of the accident.
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2.
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Give his name, address, and the registration number of his vehicle,
and exhibit his operator's, or chauffeur's license to the owner of
the property struck, or the driver, or occupants of any other vehicle
involved in the collision. (Ref. 39-6, 104.01, 39-6, 104.02 RS Neb.)
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The Chief of Police is hereby empowered to make and enforce
temporary traffic regulations to cover emergencies. (Ref. 81-2005
RS Neb.)
The Municipal Police are hereby authorized, empowered, and ordered
to exercise all powers, and duties, with relation to the management
of street traffic and to direct, control, stop, restrict, regulate,
and, when necessary, temporarily divert, or exclude, in the interest
of public safety, health, and convenience the movement of pedestrian,
animal, and vehicular traffic of every kind in streets, parks, and
on bridges. The driver of any vehicle shall stop upon the signal of
any police officer. (Ref. 39-6, 192 RS Neb.)
It shall be unlawful for any person to refuse, or fail to comply
with, any lawful order, signal, or direction of a police officer.
(Ref. 39-697 RS Neb.)
The Governing Body or the Municipal Police may at any time detail
officers, to be known as "traffic officers," at street intersections.
All traffic officers shall be vested with the authority to regulate
and control traffic at the intersections to which they are assigned.
It shall be their duty to direct the movement of traffic and prevent
congestion and accidents. It shall be unlawful for any person to violate
any order, or signal, of any such traffic officer notwithstanding
the directive of a stop sign, or signal device, which may have been
placed at any such intersection. (Ref. 39-669.21, 39-697, 39-6,192
RS Neb.)
It shall be unlawful for any person to operate or possess any
radar transmission device while operating a motor vehicle on any road,
street, highway, or interstate highway in this Municipality; except
that this section shall not apply to any such device which has been
lawfully licensed by the Federal Communications Commission or is being
used by law enforcement officials in their official duties.
For purposes of this section unless the context otherwise requires:
1.
Radar transmission device shall mean any mechanism designed to interfere
with the reception of radio microwaves in the electromagnetic spectrum,
which microwaves, commonly referred to as radar, are employed by law
enforcement officials to measure the speed of motor vehicles;
2.
Possession shall mean to have a device defined above in a motor vehicle
if such device is not:
a.
Disconnected from all power sources; and
b.
In the rear trunk, which shall include the spare tire compartment,
or any other compartment which is not accessible to the driver or
any other person in the vehicle while such vehicle is in operation.
If no such compartment exists in a vehicle, then such device must
be disconnected from all power sources and be placed in a position
not readily accessible to the driver or any other person in the vehicle;
and
3.
Transceiver shall mean an apparatus contained in a single housing,
functioning alternately as a radio transmitter and receiver.
(Ref. 39-6, 205 through 39-6, 207 RS Neb.)
[Amended by Ord. 884, 7-9-1991]
1.
Any person driving any motor vehicle which has or is required to
have seat safety belts, shall ensure that all children under the age
of four or weighing less than 40 pounds being transported in such
vehicle use a child restraint system, of a type which meets Federal
Motor Vehicle Safety Standard 213 as developed by the Highway Safety
Administration as of the effective date of this act and which is correctly
installed in such vehicle and all children weighing 40 pounds or more
or at least four years of age and younger than five years of age being
transported in such vehicle use a seat safety belt. Provided, however,
this section does not apply to taxicabs, mopeds, motorcycles, and
any other vehicle designated by the manufacturer as a 1963 year model
or earlier which is not equipped with a seat safety belt.
2.
Whenever any physician licensed to practice medicine in Nebraska determines through accepted medical procedures, that use of a child passenger restraint system by a particular child would be harmful by reason of the child's weight, physical condition or other medical reason, the provisions of Subsection 1 of this section shall be waived. The driver of any vehicle transporting such a child shall carry on his or her person or in the vehicle a signed written statement of the physician identifying the child and stating the grounds for such waiver.
3.
The drivers of authorized emergency vehicles as defined in 39-602 RS Neb., shall not be subject to the requirements of Subsection 1 of this section when operating such authorized emergency vehicles pursuant to their employment.
4.
The Department of Motor Vehicles shall develop and implement an ongoing
public information and education program regarding the use of child
passenger restraint systems and seat safety belts.
(Ref. 39-6, 103.01 RS Neb.)
1.
Any driver and front seat passenger of a motor vehicle operated on
a street or highway in the Municipality shall wear a safety belt,
except that the number of front seat passengers required to wear a
safety belt shall not exceed the number of safety belts which were
installed in the front seat of such motor vehicle by the manufacturer.
Any driver transporting a child who is four years of age or more but
is less than 16 years of age shall be responsible for securing such
child in a safety belt if the child is riding in the front seat of
the motor vehicle. All safety belts so worn shall be properly adjusted
and fastened and shall (1) be of a type which meets the requirements
of 49 C.F.R. section 571.208 as such regulations currently exists
or as the regulation existed when the safety belts were originally
installed by the manufacturer or (2) if the safety belts have been
replaced, be of a type which meets the requirements of 49 C.F.R. section
571.208 that applied to the originally installed safety belts or of
a more recently issued version of such regulations. Requirements for
a child under the age of four are provided in sections 39-6, 103.01
to 39-6, 103.03 RS Neb.
2.
Enforcement of this section by State or local law enforcement agencies
shall be accomplished only as a secondary action when a driver of
a motor vehicle has been detained for a suspected violation or some
other offense.
3.
Any person who violates this section shall be guilty of a traffic
infraction as defined in Section 39-602 RS Neb. and shall be fined
$25 but no court costs shall be assessed against him or her nor shall
any points be assessed against the driving record of such person.
4.
This section shall not apply to (1) a driver or passenger who possesses
written verification from a physician that the driver or passenger
is unable to wear a safety belt for medical reasons and (2) a rural
letter carrier of the United States Postal Service while performing
his or her duties as a rural letter carrier between the first and
last delivery points.
5.
Evidence that a person was not wearing a seat belt at the time he
or she was injured shall not be admissible in regard to the issue
of liability or proximate cause, but may be admissible as evidence
concerning mitigation of damages, except that it shall not reduce
recovery for damages by more than 5%.
(Ref. 39-669, 39-6,171 RS Neb.)
