60-6,356 All-terrain vehicle; utility-type vehicle; operation; restrictions; city or village ordinance; county board resolution.
60-6,356. All-terrainvehicle; utility-type vehicle; operation;restrictions; city or village ordinance; county board resolution.(1) An all-terrain vehicle ora utility-type vehicle shall not be operated on any controlled-accesshighway with more than two marked traffic lanes, and the crossing of any controlled-accesshighway with more than two marked traffic lanes shall not be permitted. Subsections(2), (3), and (5) through (8) of this section authorize and apply to operationof an all-terrain vehicle ora utility-type vehicle only on a highway other than a controlled-accesshighway with more than two marked traffic lanes.(2) An all-terrain vehicle ora utility-type vehicle may be operated in accordance with theoperating requirements of subsection (3) of this section:(a) Outside the corporate limits of a city, village, or unincorporatedvillage if incidental to the vehicle's use for agricultural purposes;(b) Within the corporate limits of a city or village if authorizedby the city or village by ordinance adopted in accordance with this section;or(c) Within an unincorporated village if authorized by thecounty board of the county in which the unincorporated village is locatedby resolution in accordance with this section.(3) An all-terrain vehicle ora utility-type vehicle may be operated as authorized in subsection(2) of this section when such operation occurs only between the hours of sunriseand sunset. Any person operating an all-terrain vehicle or a utility-type vehicle as authorized in subsection(2) of this section shall have a valid Class O operator's license or a farmpermit as provided in section 60-4,126, shall have liability insurance coveragefor the all-terrain vehicle ora utility-type vehicle while operating the all-terrain vehicle or a utility-type vehicle ona highway, and shall not operate such vehicle at a speed in excess of thirtymiles per hour. The person operating the all-terrain vehicle or a utility-type vehicle shall provide proofof such insurance coverage to any peace officer requesting such proof withinfive days of such a request. When operating an all-terrain vehicle or a utility-type vehicle asauthorized in subsection (2) of this section, the headlight and taillightof the vehicle shall be on and the vehicle shall be equipped with a bicyclesafety flag which extends not less than five feet above ground attached tothe rear of such vehicle. The bicycle safety flag shall be triangular in shapewith an area of not less than thirty square inches and shall be day-glow incolor.(4) All-terrain vehicles andutility-type vehicles may be operated without complying with subsection(3) of this section on highways in parades which have been authorized by theState of Nebraska or any department, board, commission, or political subdivisionof the state.(5) Subject to subsection (1) of this section, the crossingof a highway shall be permitted by an all-terrain vehicle or a utility-type vehicle without complyingwith subsection (3) of this section only if:(a) The crossing is made at an angle of approximately ninetydegrees to the direction of the highway and at a place where no obstructionprevents a quick and safe crossing;(b) The vehicle is brought to a complete stop before crossingthe shoulder or roadway of the highway;(c) The operator yields the right-of-way to all oncomingtraffic that constitutes an immediate potential hazard;(d) In crossing a divided highway, the crossing is made onlyat an intersection of such highway with another highway; and(e) Both the headlight and taillight of the vehicle are onwhen the crossing is made.(6) All-terrain vehicles andutility-type vehicles may be operated outside the corporate limitsof any municipality by electric utility personnel within the course of theiremployment in accordance with the operation requirements of subsection (3)of this section, except that the operation of the vehicle pursuant to thissubsection need not be limited to the hours between sunrise and sunset.(7) A city or village may adopt an ordinance authorizingthe operation of all-terrain vehicles andutility-type vehicles within the corporate limits of the cityor village if the operation is in accordance with subsection (3) of this section.The city or village may place other restrictions on the operation of all-terrainvehicles and utility-type vehicles withinits corporate limits.(8) A county board may adopt a resolution authorizing theoperation of all-terrain vehicles andutility-type vehicles within any unincorporated village withinthe county if the operation is in accordance with subsection (3) of this section.The county may place other restrictions on the operation of all-terrain vehicles and utility-type vehicles withinthe unincorporated village. SourceLaws 1987, LB 80, § 2; Laws 1989, LB 114, § 1; Laws 1989, LB 285, § 138; R.S.Supp.,1992, § 60-2802; Laws 1993, LB 370, § 452; Laws 2007, LB307, § 1; Laws 2010, LB650, § 40.