Nebraska Statutes 60-4,182. Point system; offenses enumerated
In order to prevent and eliminate successive traffic violations, there is hereby provided a point system dealing with traffic violations as disclosed by the files of the director. The following point system shall be adopted:
Terms Used In Nebraska Statutes 60-4,182
- Autocycle: means any motor vehicle (1) having a seat that does not require the operator to straddle or sit astride it, (2) designed to travel on three wheels in contact with the ground, (3) having antilock brakes, (4) designed to be controlled with a steering wheel and pedals, and (5) in which the operator and passenger ride either side by side or in tandem in a seating area that is equipped with a manufacturer-installed three-point safety belt system for each occupant and that has a seating area that either (a) is completely enclosed and is equipped with manufacturer-installed airbags and a manufacturer-installed roll cage or (b) is not completely enclosed and is equipped with a manufacturer-installed rollover protection system. See Nebraska Statutes 60-463.02
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Motor Vehicles. See Nebraska Statutes 60-465.01
- Director: shall mean the Director of Motor Vehicles. See Nebraska Statutes 60-466
- Motor vehicle: means all vehicles propelled by any power other than muscular power. See Nebraska Statutes 60-471
- Person: shall mean every natural person, firm, partnership, limited liability company, association, or corporation. See Nebraska Statutes 60-476
- Vehicle: shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved solely by human power or used exclusively upon stationary rails or tracks. See Nebraska Statutes 60-478
(1) Conviction of motor vehicle homicide – 12 points;
(2) Third offense drunken driving in violation of any city or village ordinance or of section 60-6,196, as disclosed by the conviction record of the court’s order – 12 points;
(3) Failure to stop and render aid as required under section 60-697 in the event of involvement in a motor vehicle accident resulting in the death or personal injury of another – 6 points;
(4) Failure to stop and report as required under section 60-696 or any city or village ordinance in the event of a motor vehicle accident resulting in property damage – 6 points;
(5) Driving a motor vehicle while under the influence of alcoholic liquor or any drug or when such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood or per two hundred ten liters of his or her breath in violation of any city or village ordinance or of section 60-6,196 – 6 points;
(6) Willful reckless driving in violation of any city or village ordinance or of section 60-6,214 or 60-6,217 – 6 points;
(7) Careless driving in violation of any city or village ordinance or of section 60-6,212 – 4 points;
(8) Negligent driving in violation of any city or village ordinance – 3 points;
(9) Reckless driving in violation of any city or village ordinance or of section 60-6,213 – 5 points;
(10) Speeding in violation of any city or village ordinance or any of sections 60-6,185 to 60-6,190 and 60-6,313 :
(a) More than five miles per hour but not more than ten miles per hour over the speed limit – 2 points;
(b) More than ten miles per hour but not more than thirty-five miles per hour over the speed limit – 3 points, except that one point shall be assessed upon conviction of exceeding by not more than ten miles per hour, two points shall be assessed upon conviction of exceeding by more than ten miles per hour but not more than fifteen miles per hour, and three points shall be assessed upon conviction of exceeding by more than fifteen miles per hour but not more than thirty-five miles per hour the speed limits provided for in subdivision (1)(f), (g), (h), or (i) of section 60-6,186 ; and
(c) More than thirty-five miles per hour over the speed limit – 4 points;
(11) Failure to yield to a pedestrian not resulting in bodily injury to a pedestrian – 2 points;
(12) Failure to yield to a pedestrian resulting in bodily injury to a pedestrian – 4 points;
(13) Using a handheld wireless communication device in violation of section 60-6,179.01 or texting while driving in violation of subsection (1) or (3) of section 60-6,179.02 – 3 points;
(14) Using a handheld mobile telephone in violation of subsection (2) or (4) of section 60-6,179.02 – 3 points;
(15) Unlawful obstruction or interference of the view of an operator in violation of section 60-6,256 – 1 point;
(16) A violation of subsection (1) of section 60-6,175 – 3 points; and
(17) All other traffic violations involving the operation of motor vehicles by the operator for which reports to the Department of Motor Vehicles are required under sections 60-497.01 and 60-497.02 – 1 point.
Subdivision (17) of this section does not include violations involving an occupant protection system or a three-point safety belt system pursuant to section 60-6,270 ; parking violations; violations for operating a motor vehicle without a valid operator’s license in the operator’s possession; muffler violations; overwidth, overheight, or overlength violations; autocycle, motorcycle, or moped protective helmet violations; or overloading of trucks.
All such points shall be assessed against the driving record of the operator as of the date of the violation for which conviction was had. Points may be reduced by the department under section 60-4,188.
In all cases, the forfeiture of bail not vacated shall be regarded as equivalent to the conviction of the offense with which the operator was charged.
The point system shall not apply to persons convicted of traffic violations committed while operating a bicycle as defined in section 60-611 or an electric personal assistive mobility device as defined in section 60-618.02.