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State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-6_123

60-6,123. Traffic control signals; meaning;turns on red signal; when;signal not in service; effect.Whenever trafficis controlled by traffic control signals exhibiting different colored lightsor colored lighted arrows, successively one at a time or in combination, onlythe colors green, red, and yellow shall be used, except for special pedestriansignals carrying a word legend,number, or symbol, and such lights shall indicate and apply todrivers of vehicles and pedestrians as follows:(1)(a) Vehicular traffic facing a circular green indication may proceedstraight through or turn right or left unless a sign at such place prohibitseither such turn, but vehicular traffic, including vehicles turning rightor left, shall yield the right-of-way to other vehicles and to pedestrianslawfully within the intersection or an adjacent crosswalk at the time suchindication is exhibited;(b) Vehicular traffic facing a green arrow indication, shown alone orin combination with another indication, may cautiously enter the intersectiononly to make the movement indicated by such arrow or such other movement asis permitted by other indications shown at the same time, and such vehiculartraffic shall yield the right-of-way to pedestrians lawfully within an adjacentcrosswalk and to other traffic lawfully using the intersection; and(c) Unless otherwise directed by a pedestrian-control signal, pedestriansfacing any green indication, except when the sole green indication is a turnarrow, may proceed across the roadway within any marked or unmarked crosswalk;(2)(a) Vehicular traffic facing a steady yellow indication is therebywarned that the related green movement is being terminated or that a red indicationwill be exhibited immediately thereafter when vehicular traffic shall notenter the intersection, and upon display of a steady yellow indication, vehiculartraffic shall stop before entering the nearest crosswalk at the intersection,but if such stop cannot be made in safety, a vehicle may be driven cautiouslythrough the intersection; and(b) Pedestrians facing a steady yellow indication, unless otherwisedirected by a pedestrian-control signal, are thereby advised that there isinsufficient time to cross the roadway before a red indication is shown andno pedestrian shall then start to cross the roadway;(3)(a) Vehicular traffic facing a steady red indication alone shallstop at a clearly marked stop line or shall stop, if there is no such line,before entering the crosswalk on the near side of the intersection or, ifthere is no crosswalk, before entering the intersection. The traffic shallremain standing until an indication to proceed is shown except as providedin subdivisions (3)(b) and (3)(c) of this section;(b) Except where a traffic control device is in place prohibiting aturn, vehicular traffic facing a steady red indication may cautiously enterthe intersection to make a right turn after stopping as required by subdivision(3)(a) of this section. Such vehicular traffic shall yield the right-of-wayto pedestrians lawfully within an adjacent crosswalk and to other trafficlawfully using the intersection;(c) Except where a traffic control device is in place prohibiting aturn, vehicular traffic facing a steady red indication at the intersectionof two one-way streets may cautiously enter the intersection to make a leftturn after stopping as required by subdivision (3)(a) of this section. Suchvehicular traffic shall yield the right-of-way to pedestrians lawfully withinan adjacent crosswalk and to other traffic lawfully using the intersection;and(d) Unless otherwise directed by a pedestrian-control signal, pedestriansfacing a steady red indication alone shall not enter the roadway;(4) If a traffic control signal is erected and maintained at a placeother than an intersection, the provisions of this section shall be applicableexcept as to those provisions which by their nature can have no application.Any stop required shall be made at a sign or marking on the pavement indicatingwhere the stop shall be made, but in the absence of any such sign or marking,the stop shall be made at the signal;and(5)(a) If a traffic controlsignal at an intersection is not operating because of a power failure or othercause and no peace officer, flagperson, or other traffic control device isproviding direction for traffic at the intersection, the intersection shallbe treated as a multi-way stop; and(b) If a traffic control signal is not in serviceand the signal heads are turned away from traffic or covered with opaque material,subdivision (a) of this subdivision shall not apply. SourceLaws 1973, LB 45, § 14; Laws 1980, LB 821, § 1; Laws 1987, LB 135, § 1; R.S.1943, (1988), § 39-614; Laws 1993, LB 370, § 219; Laws 2010, LB805, § 10.AnnotationsIn the case of a collision involving two vehicles approaching an intersection from opposite directions with a green light for both vehicles, a determination of which vehicle was “lawfully” in the intersection first, thereby possessing a superior right-of-way for purposes of this section, was a question of fact for the jury. Nguyen v. Rezac, 256 Neb. 458, 590 N.W.2d 375 (1999).Speeding up to cross an intersection on a yellow light in violation of subdivision (2)(a) of this section provides sufficient cause for a police officer observing the violation to make an investigatory stop. State v. LaMere, 230 Neb. 629, 432 N.W.2d 822 (1988).A pedestrian crossing at a regular crosswalk with the right-of-way has a right, until he has notice or knowledge to the contrary, to assume that others will respect his right-of-way. Even though a statute grants the right-of-way to a pedestrian crossing a street in the crosswalk, it does not excuse contributory negligence on his part. Holly v. Mitchell, 213 Neb. 203, 328 N.W.2d 750 (1982).A city ordinance regulating funeral processions was a reasonable and valid exercise of the city's police power under section 39-697(1)(c) (transferred to section 60-680) and does not conflict with Nebraska's present right-of-way statutes, section 39-609(1) (transferred to section 60-6,119) and this section. Herman v. Lee, 210 Neb. 563, 316 N.W.2d 56 (1982).Directed verdict was improperly granted to a motorist where a factual issue existed as to whether the motorist or a bicyclist was in the favored position to proceed into the intersection. Luellman v. Ambroz, 2 Neb. App. 855, 516 N.W.2d 627 (1993).