Article 4 - Mopeds and Motorcycles
ARTICLE 4 – MOPEDS AND MOTORCYCLES
SECTION 4-401: MOPEDS; DEFINED; STATUTORY REGULATION
SECTION 4-402: MOPEDS; OPERATOR'S LICENSE
SECTION 4-403: MOPEDS; TRAFFIC REGULATIONS APPLICABLE
SECTION 4-404: MOPEDS; OPERATION; EQUIPMENT
SECTION 4-405: MOPEDS; USE OF TRAFFIC LANES
SECTION 4-406: MOPEDS; HELMET REQUIRED
SECTION 4-407: MOTORCYCLES; OPERATION
SECTION 4-408: MOTORCYCLES; LIGHTS
SECTION 4-409: MOTORCYCLES; HELMET REQUIRED
SECTION 4-401: MOPEDS; DEFINED; STATUTORY REGULATION
“Moped” shall mean a device with fully operative pedals for propulsion by human power, an automatic transmission, and a motor with a cylinder capacity not exceeding 50 cubic centimeters, which produces no more than two brake horsepower and is capable of propelling the device at a maximum design speed of no more than 30 miles per hour on level ground. Mopeds, their owners and their operators shall be subject to the Motor Vehicle Operator's License Act, but shall be exempt from the requirements of the Motor Vehicle Certificate of Title Act, the Motor Vehicle Registration Act, and the Motor Vehicle Safety Responsibility Act. (Neb. Rev. Stat. §§60-122, 60-6,309)
SECTION 4-402: MOPEDS; OPERATOR'S LICENSE
No person shall operate a moped upon a highway unless such person has a valid operator's license. (Neb. Rev. Stat. §60-6,310)
SECTION 4-403: MOPEDS; TRAFFIC REGULATIONS APPLICABLE
A. Any person who rides a moped upon a roadway shall have all of the rights and shall be subject to all of the duties applicable to the driver of a motor vehicle under the Nebraska Rules of the Road except for special moped regulations in the rules and except for those provisions of the rules which by their nature can have no application.
B. Regulations applicable to mopeds shall apply whenever a moped is operated upon any highway or upon any path set aside by the Department of Roads or a local authority for the use of mopeds. (Neb. Rev. Stat. §60-6,311)
SECTION 4-404: MOPEDS; OPERATION; EQUIPMENT
A. Any person who operates a moped shall ride only upon a permanent and regular seat attached to the moped. A person operating a moped shall not carry any other person nor shall any other person ride on a moped unless it is designed by the manufacturer to carry more than one person.
B. A person shall ride upon a moped only while sitting astride the seat, facing forward.
C. No person shall operate a moped while carrying any package, bundle, or other article which prevents him or her from keeping both hands on the handlebars.
D. No operator shall carry any person nor shall any person ride in a position that interferes with the operation or control of the moped or the view of the operator.
E. Any moped which carries a passenger shall be equipped with footrests for such passenger.
F. No person shall operate any moped with handlebars more than 15 inches above the mounting point of the handlebars. (Neb. Rev. Stat. §60-6,312)
SECTION 4-405: MOPEDS; USE OF TRAFFIC LANES
A. A moped shall be entitled to full use of a traffic lane of any highway with an authorized speed limit of 45 miles per hour or less, and no vehicle shall be operated in such a manner as to deprive any moped of the full use of such lane, except that mopeds and motorcycles may be operated two abreast in a single lane.
B. No person shall operate a moped between lanes of traffic or between adjacent lines or rows of vehicles.
C. Mopeds shall not be operated more than two abreast in a single lane.
D. Any person who operates a moped on a roadway with an authorized speed limit of more than 45 miles per hour shall ride as near to the right side of the roadway as practicable and shall not ride more than single file.
E. No person who rides upon a moped shall attach himself, herself, or the moped to any other vehicle on a roadway.
F. Mopeds shall not be operated on sidewalks.
G. Notwithstanding the maximum speed limits in excess of 25 miles per hour established in Neb. Rev. Stat. §60-6,186, no person shall operate any moped at a speed in excess of 30 miles per hour. (Neb. Rev. Stat. §60-6,313)
SECTION 4-406: MOPEDS; HELMET required
A person shall not operate or be a passenger on a moped or motorcycle on any highway, as defined in state statutes, unless such person is wearing a protective helmet of the type and design manufactured for use by operators of such vehicles and unless such helmet is secured properly on his or her head with a chin strap while the vehicle is in motion. All such protective helmets shall be designed to reduce injuries to the user resulting from head impacts and shall be designed to protect the user by remaining on the user's head, deflecting blows, resisting penetration, and spreading the force of impact. Each such helmet shall consist of lining, padding, visor, and chin strap and shall meet or exceed the standards established in the United States Department of Transportation's Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. 571.218, for motorcycle helmets. (Neb. Rev. Stat. §60-6,279)
SECTION 4-407: MOTORCYCLES; OPERATION
A. Any person who operates a motorcycle shall have all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter.
B. Any person who operates a motorcycle shall ride only upon a permanent, regular seat attached thereto and shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent, regular seat if designed for two persons or upon another seat firmly attached to the motorcycle to the rear or side of the operator.
C. Any person shall ride upon a motorcycle only while sitting astride the seat, facing forward.
D. No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him or her from keeping both hands on the handlebars.
E. No operator shall carry any person nor shall any person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
F. A motorcycle shall be entitled to full use of a traffic lane of any highway and no vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of such lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
G. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
H. No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
I. Motorcycles shall not be operated more than two abreast in a single lane.
J. Subsections (G) and (H) of this section shall not apply to police officers in the performance of their official duties. (Neb. Rev. Stat. §§60-6,307, 60-6,308)
SECTION 4-408: MOTORCYCLES; LIGHTS
No person shall ride a motorcycle upon the streets, alleys or highways from one-half hour after sunset to one-half hour before sunrise unless the same shall be equipped with at least one and not more than two headlights, plainly visible from the front; and a light on the rear exhibiting a red light visible under normal atmospheric conditions from a distance of at least 500 feet to the rear thereof; provided, said lights shall comply with the requirements and limitations of state statutes. (Neb. Rev. Stat. §60-6,219)
SECTION 4-409: MOTORCYCLES; HELMET REQUIRED
A person shall not operate or be a passenger on a motorcycle or moped on any highway, as defined in state statutes, unless such person is wearing a protective helmet as provided in Section 4-406.