Title 28 — Transportation

The director may enter into agreements with other jurisdictions on behalf of this state relating to the following: 1. The exchange of motor vehicle record information for toll facility enforcement purposes. 2. In accordance with the administrative procedures of this state and the…

A. The department may waive the requirements for a written examination and the driving examination required pursuant to section 28-3164 for an operator of a motor vehicle who holds a valid driver license issued by a foreign country in which the operator previously resided and who…

In this article, unless the context otherwise requires: 1. "Bulk records" means multiple records that are retrieved collectively from the department's database as a result of a single request. Bulk records does not include retrieving one record at a time from a single request. 2.…

A. The director may cause any records kept by the department to be duplicated. B. Except as otherwise provided by law, duplicates are admissible in evidence in courts pursuant to court rules.

A. A certified duplicate is deemed an original for all purposes and is admissible in evidence without further foundation in all courts or administrative agencies. B. The display by a person of evidence on a wireless communication device pursuant to this title does not constitute …

A. The director shall establish and maintain an active, continuing program for the economical and efficient management of the department's records pursuant to section 41-151.14. B. The director shall authorize the destruction of records pursuant to sections 41-151.15 and 41-151.1…

A. The director may cause the information contained on an original or duplicate made pursuant to this article to be placed on computer storage devices, but the original or the duplicate shall be maintained by the department for as long as required by law or the director deems nec…

A. The director shall adopt a seal of office to use to authenticate records and copies of records that are required to be made and kept by the department. B. Each assistant director shall use the director's seal to authenticate records required to be made and kept within the assi…

A. The department may furnish information from the records that are required to be kept by this title or may furnish copies from the records. The department may charge a fee for providing the information or copies that does not exceed three dollars for each item. B. The departmen…

A. An application for a license, permit, title or registration made to the department and a document required by law or by the department to accompany the application is a public record, except a medical report and a report voluntarily submitted by a physician or a registered nur…

A. If a person's name or address changes after the person applies for or receives a driver license or nonoperating identification license or after the person applies for or receives a vehicle registration or vehicle title, the person shall notify the department within ten days af…

A. The director may designate as custodian of the department's public records as many employees of the department as the director deems necessary. B. A person who requests a copy of or information from a public record designated pursuant to section 28-447 shall present personal i…

A. If pursuant to this title an application or record is required to be filed, an index is required to be maintained or a record is required to be compiled and if the director adopts rules to provide that the filing, indexing or compilation be accomplished by use of a computer so…

The department may accept electronic communication, transfer or receipt of any abstract, affidavit, application information, copy, form, order, report, record or other information prescribed in this title.

A. Notwithstanding sections 28-447 and 28-455, an eligible person may request that persons be prohibited from accessing the eligible person's identifying information, including any of the following: 1. That person's documents, contained in any record maintained by the department.…

A. In accordance with section 28-458 and the driver's privacy protection act of 1994 (18 United States Code sections 2721 through 2725) and notwithstanding section 28-447, the department shall not knowingly disclose or otherwise make available to any person: 1. Personal informati…

A. Except as provided in subsection B of this section, an authorized recipient of personal information may resell or redisclose the information only for a use permitted under section 28-455, subsection B or C. B. An authorized recipient under section 28-455, subsection C, paragra…

A. The department, including department employees, shall not knowingly obtain or disclose personal information or highly restricted personal information except as authorized by law. B. A person shall not knowingly obtain or disclose personal information or highly restrictive pers…

The director shall select a department review panel to do all of the following: 1. Meet as necessary to review applications for the release of motor vehicle records information. 2. Verify the accuracy of an applicant’s information that is required by the director. 3. Based on the…

B. The owner of a vehicle registered in this state may request that the department note in the department’s vehicle record that there may be an occupant of the vehicle that may need a communication accommodation. C. The request shall be made in a method determined by the departme…

1. "Agency": (a) Means a department, board, office, authority, commission or other governmental budget unit of this state, including a governmental budget unit of this state that is under direct administrative control of an elected official. (b) Does not include the legislative o…

B. The director is responsible for administering the state motor vehicle fleet, including: 1. Procuring motor vehicles for the state motor vehicle fleet. 2. Notwithstanding title 41, chapter 23, article 8, administering the surplus and sale of motor vehicles in the state motor ve…

B. If an agency requests a motor vehicle from the state motor vehicle fleet, the agency shall be assigned a neighborhood electric vehicle unless the agency demonstrates to the department that the neighborhood electric vehicle will not meet the needs of the agency because the new …

A. The state motor vehicle fleet coordinator shall develop, implement, document, monitor and modify as necessary a statewide alternative fuels plan in consultation with all agencies that are subject to the alternative fuel and clean burning fuel requirements prescribed in this se…

B. The department shall administer the fund. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the department, the state treasurer shall invest and divest monies i…

B. The department shall administer the fund. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the department, the state treasurer shall invest and divest monies i…

In this article, unless the context otherwise requires, "division" means the transportation planning division established by section 28-332, subsection C.

A. Transportation planning in this state shall be undertaken in accordance with this article and any applicable federal laws. B. The division shall develop for submission to the board, pursuant to section 28-304, uniform transportation planning practices to be used by the departm…

A. The division shall develop for submission to the board performance based planning and programming processes for use by the department. B. The division shall consult with local, regional and tribal transportation agencies before developing the processes. The division shall enco…

A. The division shall develop for presentation to the board standardized transportation system performance measures. In addition, the division shall identify the appropriate units of measurement and the processes for determining and reporting the performance measures. The goal of…

A. The division shall develop for presentation to the board standard transportation system performance factors that at least include all of the following variables: 1. System preservation. 2. Congestion relief. 3. Accessibility. 4. Integration and connectivity with other modes. 5…

A. The division shall prepare for presentation to the board a long-range statewide transportation plan. The division shall develop the plan under the board's direction in accordance with the following: 1. The plan shall include all anticipated critical statewide highway system ne…

A. In cooperation with local, regional and tribal agencies, the division shall develop and maintain a geographically oriented database of the existing and planned components of the statewide transportation system. The database shall be complete and operational on or before June 3…

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…