State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-6_190

60-6,190. Establishment of state speed limits;power of Department of Roads; other than state highway system; power of localauthority; signs.(1) Whenever the Department of Roads determines,upon the basis of an engineering and traffic investigation, that any maximumspeed limit is greater or less than is reasonable or safe under the conditionsfound to exist at any intersection, place, or part of the state highway systemoutside of the corporate limits of cities and villages as well as inside thecorporate limits of cities and villages on freeways which are part of thestate highway system, it may determine and set a reasonable and safe maximumspeed limit for such intersection, place, or part of such highway which shallbe the lawful speed limit when appropriate signs giving notice thereof areerected at such intersection, place, or part of the highway, except that themaximum rural and freeway limits shall not be exceeded. Such a maximum speedlimit may be set to be effective at all times or at such times as are indicatedupon such signs.(2) The speed limits set by the department shall not be a departmentalrule, regulation, or order subject to the statutory procedures for such rules,regulations, or orders but shall be an authorization over the signature ofthe Director-State Engineer and shall be maintained on permanent file at theheadquarters of the department. Certified copies of such authorizations shallbe available from the department at a reasonable cost for duplication. Anychange to such an authorization shall be made by a new authorization whichcancels the previous authorization and establishes the new limit, but thenew limit shall not become effective until signs showing the new limit areerected as provided in subsection (1) of this section.(3) On county highways which are not part of the state highway systemor within the limits of any state institution or any area under control ofthe Game and Parks Commission or a natural resources district and which areoutside of the corporate limits of cities and villages, county boards shallhave the same power and duty to alter the maximum speed limits as the departmentif the change is based on an engineering and traffic investigation comparableto that made by the department. The limit outside of a business or residentialdistrict shall not be decreased to less than thirty-five miles per hour.(4) On all highways within their corporate limits, except on state-maintainedfreeways which are part of the state highway system, incorporated cities andvillages shall have the same power and duty to alter the maximum speed limitsas the department if the change is based on engineering and traffic investigation,except that no imposition of speed limits on highways which are part of thestate highway system in cities and villages under forty thousand inhabitantsshall be effective without the approval of the department.(5) The director of any state institution, the Game and Parks Commission,or a natural resources district, with regard to highways which are not a partof the state highway system, which are within the limits of such institutionor area under Game and Parks Commission or natural resources district control,and which are outside the limits of any incorporated city or village, shallhave the same power and duty to alter the maximum speed limits as the departmentif the change is based on an engineering and traffic investigation comparableto that made by the department.(6) Not more than six such speed limits shall be set per mile alonga highway, except in the case of reduced limits at intersections. The difference between adjacent speed limits along a highway shall not be reduced by more than twenty miles per hour, and there shall be no limit on the differencebetween adjacent speed limits for increasing speed limits along a highway.(7) When the department or a local authority determines by an investigationthat certain vehicles in addition to those specified in sections 60-6,187, 60-6,305, and 60-6,313 cannot with safety travel at the speeds provided insections 60-6,186, 60-6,187, 60-6,189, 60-6,305, and 60-6,313 or set pursuantto this section or section 60-6,188 or 60-6,189, the department or local authoritymay restrict the speed limit for such vehicles on highways under its respectivejurisdiction and post proper and adequate signs. SourceLaws 1973, LB 45, § 63; Laws 1984, LB 861, § 17; Laws 1986, LB 436, § 1; R.S.1943, (1988), § 39-663; Laws 1993, LB 370, § 286; Laws 1996, LB 901, § 10; Laws 2010, LB805, § 11. Cross ReferencesOperator's license, assessment of points for speeding, see section 60-4,182 et seq. AnnotationsUnreasonable classification of persons is not created hereby. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).