Bill Summary – FastDemocracy

LB40                                                                                     LB40
                                                                                   2019
                                   LEGISLATURE OF NEBRASKA
                              ONE HUNDRED SIXTH LEGISLATURE
                                       FIRST SESSION
                             LEGISLATIVE BILL 40
       Introduced by Hilkemann, 4.
       Read first time January 10, 2019
       Committee: Transportation and Telecommunications
  A   BILL   FOR   AN   ACT   relating to    motor vehicles;   to amend sections
        60-4,120.01, 60-4,123, 60-4,124, and 60-6,179.01, Revised Statutes
       Cumulative Supplement, 2018; to change certain uses of interactive
       wireless communication devices from secondary offenses to primary
       offenses as prescribed; and to repeal the original sections.
  Be it enacted by the people of the State of Nebraska,
                                              -1-
LB40                                                                                                         LB40
                                                                                                       2019
         Section          1.     Section       60-4,120.01,            Revised Statutes Cumulative
   Supplement, 2018, is amended to read:
         60-4,120.01 (1)(a) Any person who is at least sixteen years of age
   but less than eighteen years of    age may be    issued    a provisional
   operator's permit by the Department of Motor Vehicles. The provisional
   operator's permit shall expire on the applicant's eighteenth birthday.
        (b) No provisional operator's permit shall be issued to any person
  unless such person:
         (i)    Has possessed        a valid LPD-learner's permit,    LPE-learner's
   permit, or SCP-school permit for at least a six-month period beginning on
   the date of issuance of such person's LPD-learner's permit, LPE-learner's
   permit, or SCP-school permit; and
         (ii) Has not accumulated three or more points pursuant to section
   60-4,182 during the six-month period immediately preceding the date of
   the application for the provisional operator's permit.
         (c)    The requirements for the provisional operator's permit
   prescribed in    subdivisions         (2)(a)      and    (b)     of this section may be
   completed prior to the applicant's sixteenth birthday. A person may apply
   for a provisional operator's permit and take the driving test and the
   written examination, if required, at any time within sixty days prior to
   his or her sixteenth birthday upon proof of age in the manner provided in
   section 60-484.
         (2)    In order to     obtain    a provisional operator's permit,    the
   applicant shall present     (a)(i)       proof of    successful completion of    a
   department-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 and (ii)
   proof of successful completion of a written examination and driving test
   administered by a driver safety course instructor or (b) a certificate in
   a form prescribed by the department, signed by a parent, guardian, or
                                                        -2-
LB40                                                                        LB40
                                                                      2019
  licensed driver at least twenty-one years of age, verifying that the
   applicant has completed fifty hours of lawful motor vehicle operation
   including at least ten hours of motor vehicle operation between sunset
  and sunrise, under conditions that reflect department-approved driver
   safety course curriculum, with a parent, guardian, or adult at least
  twenty-one years of age, who has a current Nebraska operator's license or
   who is licensed in another state. If the applicant presents such a
   certificate, the applicant shall be required to successfully complete a
  driving test administered by the department. The written examination
  shall be waived if the applicant has been issued a Nebraska LPD-learner's
  permit or has been issued a Nebraska LPE-learner's permit and such permit
   is valid or has been expired for no more than one year. However, the
   department shall not waive the written examination if the provisional
   operator's permit being applied for contains a class or endorsement which
   is different from the class or endorsement of the LPD-learner's or LPE-
   learner's permit. Upon presentation by the applicant of a form prescribed
   by the department showing successful completion of the driver safety
  course, the written examination and driving test may be waived. Upon
   presentation of the certificate, the written examination but not the
  driving test may be waived. Licensing staff shall waive the written
   examination and the driving test if the applicant has been issued a
   school permit and such permit is valid or has expired no more than one
   year prior to application. The written examination shall not be waived if
   the provisional operator's permit being applied for contains a class or
  endorsement which is different from the class or endorsement of the
  school permit.
       (3)(a) The holder of a provisional operator's permit shall only
   operate a motor vehicle on the highways of this state during the period
   beginning at 6 a.m. and ending at 12 midnight except when he or she is en
   route to or from his or her residence to his or her place of employment
   or a school activity. The holder of a provisional operator's permit may
                                       -3-
LB40                                                                        LB40
                                                                      2019
   operate a motor vehicle on the highways of this state at any hour of the
   day or night if accompanied by a parent, guardian, or adult at least
   twenty-one years of age, who has a current Nebraska operator's license or
   who is licensed in another state.
       (b) The holder of a provisional operator's permit shall only operate
   a motor vehicle on the highways of this state during the first six months
   of holding the permit with no more than one passenger who is not an
   immediate family member and who is under nineteen years of age.
       (c) The holder of a provisional operator's permit shall not use any
   type of interactive wireless communication device while operating a motor
   vehicle on the highways of this state.
       (d) Enforcement of subdivisions (a) and , (b), and (c) of this
   subsection shall be accomplished only as a secondary action when the
   holder of the provisional operator's permit has been cited or charged
   with a violation of some other law.
       (4) Department personnel or the county treasurer shall collect the
   fee and surcharge prescribed in section 60-4,115 for the issuance of each
   provisional operator's permit.
       Sec. 2. Section 60-4,123, Revised Statutes Cumulative Supplement,
   2018, is amended to read:
       60-4,123 (1) Any person who is at least fifteen years of age may
   apply for an LPD-learner's permit from the department. In order to obtain
   an LPD-learner's permit, the applicant shall successfully complete a
   written examination. A person may take the written examination beginning
   sixty days prior to his or her fifteenth birthday but shall not be issued
   a permit until he or she is fifteen years of age. The written examination
   may be waived for any person who has been issued an LPE-learner's permit,
   LPD-learner's permit, or SCP-school permit that has been expired for no
   more than one year.
       (2) Upon successful completion of the written examination and the
   payment of a fee and surcharge as prescribed in section 60-4,115, the
                                        -4-
LB40                                                                                      LB40
                                                                                    2019
  applicant shall be issued an LPD-learner's permit as provided in section
  60-4,113. The permit shall be valid for twelve months.
          (3)(a) The holder of an LPD-learner's permit shall only operate a
   motor vehicle on the highways of this state if he or she is accompanied
   at all times by a licensed operator who is at least twenty-one years of
   age and who has been licensed by this state or another state and if (i)
   for all motor vehicles other than autocycles, motorcycles, or mopeds, he
   or she is actually occupying the seat beside the licensed operator, (ii)
  in the case of an autocycle, he or she is actually occupying the seat
  beside or in front of the licensed operator, or (iii) in the case of a
   motorcycle, other than an autocycle, or a moped, he or she is within
   visual contact of   and under the supervision of,   in the case of   a
  motorcycle, a licensed motorcycle operator or, in the case of a moped, a
  licensed motor vehicle operator.
          (b) The holder of an LPD-learner's permit shall not use any type of
   interactive wireless communication device while operating a motor vehicle
   on the highways of this state. Enforcement of this subdivision shall be
  accomplished only as a secondary action when the holder of the LPD-
  learner's permit has been cited or charged with a violation of some other
  law.
          (4) Department personnel or the county treasurer shall collect the
   fee and surcharge prescribed in section 60-4,115 for the issuance of each
   LPD-learner's permit.
         Sec. 3. Section 60-4,124, Revised Statutes Cumulative Supplement,
  2018, is amended to read:
          60-4,124 (1) A person who is younger than sixteen years and three
   months of age but is older than fourteen years and two months of age may
   be issued a school permit if such person either resides outside a city of
   the metropolitan, primary, or first class or attends a school which is
   outside a city of the metropolitan, primary, or first class and if such
  person has held an LPE-learner's permit for two months. A school permit
                                              -5-
LB40                                                                                               LB40
                                                                                             2019
   shall not be issued until such person has demonstrated that he or she is
   capable of successfully operating a motor vehicle, moped, or motorcycle
   and has in his or her possession an issuance certificate authorizing the
   county treasurer to issue a school permit. In order to obtain an issuance
   certificate,    the applicant shall present    (a)       proof of   successful
   completion of a department-approved driver safety course which includes
   behind-the-wheel driving specifically emphasizing (i) the effects of the
   consumption of    alcohol on   a person operating       a motor vehicle,   (ii)
   occupant protection systems, (iii) risk assessment, and (iv) railroad
   crossing safety and (b)(i) proof of successful completion of a written
   examination and driving test administered by   a driver safety course
   instructor or (ii) a certificate in a form prescribed by the department,
   signed by a parent, guardian, or licensed driver at least twenty-one
   years of age, verifying that the applicant has completed fifty hours of
   lawful motor vehicle operation, under conditions that reflect department-
   approved driver safety course curriculum, with a parent, guardian, or
   adult at least twenty-one years of age, who has a current Nebraska
   operator's license or who is licensed in another state. The department
   may waive the written examination if the applicant has been issued an
   LPE-learner's permit or LPD-learner's permit and if such permit is valid
   or has expired no more than one year prior to application. The written
   examination shall not be waived if the permit being applied for contains
   a class or endorsement which is different from the class or endorsement
   of the LPE-learner's permit.
       (2) A person holding a school permit may operate a motor vehicle,
   moped, or motorcycle or an autocycle:
       (a) To and from where he or she attends school and between schools
   of enrollment over the most direct and accessible route by the nearest
   highway from his or her place of residence to transport such person or
   any family member who resides with such person to attend duly scheduled
   courses of instruction and extracurricular or school-related activities
                                                  -6-
LB40                                                                                                   LB40
                                                                                                 2019
  at the school he or she attends; or
         (b) Under the personal supervision of a licensed operator. Such
   licensed operator shall be at least twenty-one years of age and licensed
   by this state or another state and shall (i) for all motor vehicles other
   than autocycles, motorcycles, or mopeds, actually occupy the seat beside
   the permitholder, (ii) in the case of an autocycle, actually occupy the
  seat beside or   behind the permitholder,        or   (iii)    in the case of   a
   motorcycle, other than an autocycle, or a moped, if the permitholder is
   within visual contact of and under the supervision of, in the case of a
   motorcycle, a licensed motorcycle operator or, in the case of a moped, a
   licensed motor vehicle operator.
          (3)   The holder of    a school permit shall not use any type of
   interactive wireless communication device while operating a motor vehicle
   on the highways of this state. Enforcement of this subsection shall be
  accomplished only as a secondary action when the holder of the school
  permit has been cited or charged with a violation of some other law.
          (4) A person who is younger than sixteen years of age but is over
   fourteen years of age may be issued an LPE-learner's permit, which permit
  shall be valid for a period of three months. An LPE-learner's permit
  shall not be issued until such person successfully completes a written
  examination prescribed by the department and demonstrates that he or she
   has sufficient powers of eyesight to safely operate a motor vehicle,
   moped, or motorcycle or an autocycle.
          (5)(a)      While holding the LPE-learner's permit,       the person may
  operate a motor vehicle on the highways of this state if (i) for all
  motor vehicles other than autocycles, motorcycles, or mopeds, he or she
  has seated next to him or her a person who is a licensed operator, (ii)
  in the case of an autocycle, he or she has seated next to or behind him
  or her a person who is a licensed operator, or (iii) in the case of a
   motorcycle, other than an autocycle, or a moped, he or she is within
  visual contact of and is under the supervision of a person who, in the
                                                     -7-
LB40                                                                                     LB40
                                                                                   2019
  case of a motorcycle, is a licensed motorcycle operator or, in the case
  of a moped, is a licensed motor vehicle operator. Such licensed motor
  vehicle or motorcycle operator shall be at least twenty-one years of age
  and licensed by this state or another state.
          (b) The holder of an LPE-learner's permit shall not use any type of
   interactive wireless communication device while operating a motor vehicle
   on the highways of this state. Enforcement of this subdivision shall be
  accomplished only as a secondary action when the holder of the LPE-
  learner's permit has been cited or charged with a violation of some other
  law.
          (6) Department personnel or the county treasurer shall collect the
  fee and surcharge prescribed in section 60-4,115 from each successful
   applicant for a school or LPE-learner's permit. All school permits shall
   be subject to   impoundment or   revocation under the terms of   section
   60-496. Any person who violates the terms of a school permit shall be
  guilty of an infraction and shall not be eligible for another school,
   farm, LPD-learner's, or LPE-learner's permit until he or she has attained
   the age of sixteen years.
         (7) Any person who holds a permit issued under this section and has
  violated subdivision (3)(b) or (c) of section 28-306, subdivision (3)(b)
   or (c) of section 28-394, or section 28-1254, 60-6,196, 60-6,197, or
   60-6,197.06 shall not be eligible for an ignition interlock permit.
         Sec. 4. Section 60-6,179.01, Revised Statutes Cumulative Supplement,
  2018, is amended to read:
          60-6,179.01 (1) This section does not apply to an operator of a
   commercial motor vehicle if section 60-6,179.02 applies.
         (2) Except as otherwise provided in subsection (3) of this section,
   no person shall use a handh