State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-4_120_01

60-4,120.01. Provisional operator's permit; application; issuance; operationrestrictions.(1)(a) Any person who is at least sixteen yearsof age but less than eighteen years of age may be issued a provisional operator'spermit by the Department of Motor Vehicles. The provisional operator's permitshall expire on the applicant's eighteenth birthday. (b) No provisionaloperator'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-schoolpermit for at least a six-month period beginning on the date of issuance ofsuch person's LPD-learner's permit, LPE-learner's permit, or SCP-school permit;and(ii) Has not accumulated three or more points pursuant tosection 60-4,182 during the six-month period immediately preceding the dateof 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 sixteenthbirthday. A person may apply for a provisional operator's permit and takethe driving test and the written examination, if required, at any time withinsixty days prior to his or her sixteenth birthday upon proof of age in themanner provided in section 60-484.(2) In order to obtain a provisionaloperator's permit, the applicant shall present (a)(i) proof of successfulcompletion of a department-approved driver safety course which includes behind-the-wheeldriving specifically emphasizing (A) the effects of the consumption of alcoholon a person operating a motor vehicle, (B) occupant protection systems, (C)risk assessment, and (D) railroad crossing safety and (ii) proof of successfulcompletion of a written examination and driving test administered by a driversafety course instructor or (b) a certificate in a form prescribed by thedepartment, signed by a parent, guardian, or licensed driver at least twenty-oneyears of age, verifying that the applicant has completed fifty hours of lawfulmotor vehicle operation including at least ten hours of motor vehicle operationbetween sunset and sunrise, under conditions that reflect department-approveddriver safety course curriculum, with a parent, guardian, or adult at leasttwenty-one years of age, who has a current Nebraska operator's license orwho is licensed in another state. If the applicant presents such a certificate,the applicant shall be required to successfully complete a driving test administeredby the department. The written examination shall be waived if the applicanthas been issued a Nebraska LPD-learner's permit or has been issued a NebraskaLPE-learner's permit and such permit is valid or has been expired for no morethan one year. However, the department shall not waive the written examinationif the provisional operator's permit being applied for contains a class orendorsement which is different from the class or endorsement of the LPD-learner'sor LPE-learner's permit. Upon presentation by the applicant of a form prescribedby the department showing successful completion of the driver safety course,the written examination and driving test may be waived. Upon presentationof the certificate, the written examination but not the driving test may bewaived. The examiner shall waive the written examination and the driving testif the applicant has been issued a school permit and such permit is validor has expired no more than one year prior to application. The written examinationshall not be waived if the provisional operator's permit being applied forcontains a class or endorsement which is different from the class or endorsementof the school permit.(3)(a) The holder of a provisional operator'spermit shall only operate a motor vehicle on the highways of this state duringthe period beginning at 6 a.m. and ending at 12 midnight except when he orshe is en route to or from his or her residence to his or her place of employmentor a school activity. The holder of a provisional operator's permit may operatea motor vehicle on the highways of this state at any hour of the day or nightif accompanied by a parent, guardian, or adult at least twenty-one years ofage, who has a current Nebraska operator's license or who is licensed in anotherstate.(b) The holder of a provisional operator's permit shallonly operate a motor vehicle on the highways of this state during the firstsix months of holding the permit with no more than one passenger who is notan 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 interactivewireless communication device while operating a motor vehicle on the highwaysof this state.(d) Enforcement of subdivisions (a), (b), and (c)of this subsection shall be accomplished only as a secondary action when theholder of the provisional operator's permit has been cited or charged witha violation of some other law.(4) The county treasurer shallcollect the fee and surcharge prescribed in section 60-4,115 for the issuanceof each provisional operator's permit. SourceLaws1998, LB 320, § 7; Laws 1999, LB 704, § 20; Laws 2001, LB 387, § 6; Laws 2001, LB 574, § 15; Laws 2005, LB 1, § 8; Laws 2005, LB 675, § 2; Laws 2007, LB415, § 4; Laws 2008, LB911, § 15.