Title 28 — Transportation

In this chapter, unless the context otherwise requires: 1. "Commercial motor vehicle" means a motor vehicle or combination of vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise, that is a commercial moto…

A. In addition to other duties and responsibilities conferred on the governor by the constitution and laws of this state, the governor may contract and do all other things necessary to secure the full benefits available to this state under the federal highway safety act of 1966 (…

B. Monies in the fund shall be used to prevent racing on streets and highways in this state and to enforce section 28-708. The governor's office of highway safety may distribute monies to local law enforcement agencies to help prevent racing on streets and highways in this state …

The provisions of this chapter and chapter 5 of this title relating to the operation of vehicles refer exclusively to the operation of vehicles on highways except: 1. If a different place is specifically provided by statute. 2. Article 4 of this chapter and section 28-693 apply o…

A. A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic. B. A person who violates this section is guilty of a class 2 misdemeanor.

A driver of a motor vehicle who wilfully flees or attempts to elude a pursuing official law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle is either: 1. Being operated in the manner described in section 28-624, subsection C and is appropriately m…

A. Except as provided in this section and subject to specific exceptions prescribed in this chapter and chapters 4 and 5 of this title with reference to authorized emergency vehicles, the provisions of this chapter and chapters 4 and 5 of this title applicable to the drivers of v…

A. If an authorized emergency vehicle is driven in response to an emergency call, in pursuit of an actual or suspected violator of law or in response to but not on return from a fire alarm, the driver may exercise the privileges provided in this section subject to the conditions …

A person riding an animal or driving an animal drawn vehicle on a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except the provisions of this chapter and chapters 4 and 5…

A. The provisions of this chapter and chapters 4 and 5 of this title are applicable and uniform throughout this state and in all political subdivisions in this state. B. A local authority: 1. Shall not enact or enforce an ordinance or regulation in conflict with this chapter or c…

A. This chapter and chapters 4 and 5 of this title do not prohibit a local authority, with respect to streets and highways under its jurisdiction and within the reasonable exercise of the police power, from: 1. Regulating the standing or parking of vehicles. 2. Regulating traffic…

This chapter does not prevent the owner of real property that is used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from: 1. Prohibiting that use. 2. Requiring other, different or additional conditions than those specified …

The director shall adopt a manual and specifications for a uniform system of traffic control devices for use on highways in this state. The uniform system shall correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on unifo…

A. The director shall place and maintain traffic control devices that conform to the manual and specifications prescribed in section 28-641 on all state highways as the director deems necessary to indicate and to carry out this chapter or to regulate, warn or guide traffic. B. A …

Local authorities in their respective jurisdictions shall place and maintain the traffic control devices on highways under their jurisdiction as they deem necessary to indicate and to carry out this chapter or local traffic ordinances or to regulate, warn or guide traffic. All tr…

A. Unless otherwise directed by a traffic or police officer and subject to the exemptions granted the driver of an authorized emergency vehicle in this chapter, the driver of a vehicle shall: 1. Obey the instructions of an official traffic control device applicable to the driver …

A. If traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend. Th…

A. If special pedestrian control signals exhibiting the words "walk" or "don't walk" or a symbol of a walking person that symbolizes the word "walk" or a symbol of an upraised hand that symbolizes the words "don't walk" are in place, the signals shall indicate as follows: 1. Walk…

If an illuminated flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows: 1. Flashing red stop signal. If a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the…

A. A person shall not place, maintain or display on or in view of a highway an unauthorized sign, signal, marking or device that either: 1. Purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal. 2. Attempts to direct the m…

A. A person shall not attempt without lawful authority to or in fact alter, deface, injure, knock down or remove an official traffic control device, a railroad sign or signal or an inscription, shield or insignia on any device, sign or signal or any part of the device, sign or si…

A person, contractor or political subdivision performing work on roads, streets or highways shall post and maintain warning signs, signals, markers and barricades that are in compliance with the manual and specifications prescribed in section 28-641. These warning signs, signals,…

A person shall not drive on or through any private property, road or driveway to avoid obedience to traffic rules or traffic control devices.

A. The director shall adopt standards and specifications for the use of traffic control devices and for work zone safety and mobility in state highway work zones, including an emergency vehicle access plan as prescribed in this section. B. The standards and specifications for the…

A. Any individual who is stationed in a state highway work zone to provide temporary traffic control shall have completed training and be certified by a program that meets the training and certification standards of the national safety council highway flagger training program, th…

A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accid…

A. The driver of a vehicle involved in an accident on public or private property resulting only in damage to a vehicle that is driven or attended by a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shal…

A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall: 1. Give the driver's name and address and the registration number of the vehicle the d…

A. The driver of a vehicle that collides with a vehicle that is unattended on public or private property shall immediately: 1. Stop. 2. Either: (a) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the u…

A. The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to a highway shall: 1. Take reasonable steps to locate and notify the owner or person in charge of the property of: (a) The fact of the accident. (b) T…

A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall give notice of the accident immediately by the quickest means of communication, whether oral or written, to either: 1. The local police department if the accident occurs within a …

A. A law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury, death or damage to the property of any person in excess of $2,000 or the issuance of a citation shall complete a written report of…

A. A peace officer who investigates an accident that involves the death of one or more drivers shall promptly notify the county medical examiner of the death or deaths. If probable cause exists to believe that a deceased driver committed an alcohol related traffic offense, the co…

A. The department shall prepare and on request supply to police departments, sheriffs and other suitable agencies forms for accident reports required under this article that are appropriate with respect to the persons required to make the reports and the purposes to be served. Th…

The department: 1. Shall tabulate all accident reports. 2. May analyze all accident reports. 3. Shall publish annually or at more frequent intervals statistical information based on the accident reports as to the number and circumstances of traffic accidents.

Any incorporated city or town, by ordinance, may require the driver of a vehicle involved in an accident to also file with a designated city or town department a report of an accident or a copy of any report required by this article to be filed with the department. The reports ar…

1. Section 28-645, subsection A, paragraph 3, subdivision (a). 2. Section 28-710. 3. Section 28-729. 4. Section 28-771. 5. Section 28-772. 6. Section 28-773. 7. Section 28-792. 8. Section 28-794. 9. Section 28-797, subsection F, G, H or I. 10. Section 28-855, subsection B. 11. Se…

A. A person who operates a motor vehicle within this state gives consent to a test or tests of the person's blood, breath, urine or other bodily substance for the purposes of determining alcohol concentration or drug content if the person is involved in a traffic accident resulti…

A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and drivers of motor vehicles involved in traffic accidents are subject to this section. B. This section applies to motor vehicle traffic accidents that occur on controlled access…

A. A person is guilty of causing death by use of a vehicle if all of the following apply: 1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section. 2. While operating a motor vehicle, the person causes the death of another person. 3. The pe…

A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply: 1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section. 2. While operating a motor vehicle, the person causes serious physical inj…

A. The legislature finds that the regulation of emergency response services fees for motor vehicle accidents or other incidents involving motor vehicles or investigations, cleanup or preparation of reports of accidents or incidents is a matter of statewide concern and not subject…

A. A city, town or county, by ordinance, may establish a program to provide emergency responders with critical health information about program participants so that emergency responders may aid program participants who are involved in motor vehicle emergencies or accidents and wh…

A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving. B. A person who is convicted of reckless driving is guilty of a class 2 misdemeanor. C. In addition, the judge may require the surrender to a police officer…

A. A person who drives the wrong way on a controlled access highway commits wrong-way driving. B. A person who is found responsible for a violation of this section is subject to a civil penalty of five hundred dollars. C. A person who is found responsible for a violation of this …

A. A person commits aggressive driving if both of the following occur: 1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations: (a) Failure to obey traffic control device…

A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, …

A. A person shall not: 1. Exceed thirty-five miles per hour approaching a school crossing. 2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour. 3. Exceed the po…

A. If the director determines on the basis of an engineering and traffic investigation that any maximum speed limit is greater or less than is reasonable or safe under the conditions found to exist on any part of a state highway, the director may determine and declare a reasonabl…

A. If the maximum speed limit on a public highway in this state is at least thirty miles per hour in an area that is outside of an urbanized area, a person shall not drive a motor vehicle at a speed in excess of the posted speed limit on that highway. If the maximum speed limit o…