State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-4_129

60-4,129. Employment driving permit; issuance;conditions; violations; penalty; revocation.(1) Any individualwhose operator's license is revoked under section 60-498.02, 60-4,183, or 60-4,186 or suspended under section 43-3318 shall be eligible to operate anymotor vehicle, except a commercial motor vehicle, in this state under an employmentdriving permit. An employment driving permit issued due to a revocation undersection 60-498.02, 60-4,183, or 60-4,186 is valid for the period of revocation.An employment driving permit issued due to a suspension of an operator's licenseunder section 43-3318 is valid for no more than three months and cannot berenewed. An employment drivingpermit shall not be issued to any person subject to an administrative licenserevocation who submitted to a chemical test pursuant to section 60-6,197 whichdisclosed the presence of a concentration of alcohol in violation of section 60-6,196 if the person's driving record abstract maintained in the department'scomputerized records shows one or more prior administrative license revocationson which final orders have been issued during the immediately preceding twelve-yearperiod at the time the order of revocation is issued.(2) Any person whose operator's license has been suspended or revokedpursuant to any law of this state, except section 43-3318, 60-498.02, 60-4,183, or 60-4,186, shall not be eligibleto receive an employment driving permit during the period of such suspensionor revocation.(3) An individual who is issued an employment driving permit may operateany motor vehicle, except a commercial motor vehicle, (a) from his or herresidence to his or her place of employment and return and (b) during thenormal course of employment if the use of a motor vehicle is necessary inthe course of such employment. Such permit shall indicate for which purposesthe permit may be used. All permits issued pursuant to this section shallindicate that the permit is not valid for the operation of any commercialmotor vehicle.(4) The operation of a motor vehicle by the holder of an employmentdriving permit, except as provided in this section, shall be unlawful. Anyperson who violates this section shall be guilty of a Class IV misdemeanor.(5) The director shall revoke the employment driving permit for an individualupon receipt of an abstract of conviction, other than a conviction which isbased upon actions which resulted in the application for such employment drivingpermit, indicating that the individual committed an offense for which pointsare assessed pursuant to section 60-4,182. If the permit is revoked in thismanner, the individual shall not be eligible to receive an employment drivingpermit for the remainder of the period of suspension or revocation of hisor her operator's license. SourceLaws 1975, LB 259, § 5; Laws 1977, LB 41, § 15; Laws 1982, LB 568, § 8; Laws 1986, LB 779, § 1; R.S.1943, (1988), § 39-669.34; Laws 1989, LB 285, § 79; Laws 1992, LB 291, § 16; Laws 1993, LB 370, § 89; Laws 1997, LB 752, § 140; Laws 2003, LB 209, § 10; Laws 2010, LB805, § 6.AnnotationsAbsence of provision to issue occupational driving permits to implied consent violators does not violate the equal protection clause of the fourteenth amendment to the U.S. Constitution. Statute's long-range objective is to reduce carnage caused by intoxicated drivers by getting them off Nebraska roads. Porter v. Jensen, 223 Neb. 438, 390 N.W.2d 511 (1986).