Nebraska Revised Statute 60-6,179.02

Revised Statutes » Chapter 60 » 60-6,179.02
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60-6,179.02. Operator of commercial motor vehicle; texting while driving prohibited; exception; violation; penalty.

(1) Beginning October 27, 2013, except as otherwise provided in subsection (2) of this section, no operator of a commercial motor vehicle shall engage in texting while driving.

(2) Texting while driving is permissible by an operator of a commercial motor vehicle if such texting is necessary to communicate with law enforcement officials or other emergency services.

(3) Any person who violates this section shall be guilty of a traffic infraction. Any person who is found guilty of a traffic infraction under this section shall be subject to disqualification as provided in section 60-4,168, shall be assessed points on his or her motor vehicle operator's license pursuant to section 60-4,182, and shall be fined:

(a) Two hundred dollars for the first offense;

(b) Three hundred dollars for a second offense; and

(c) Five hundred dollars for a third and subsequent offense.

(4) For purposes of this section:

(a) Driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the operator moves the vehicle to the side of, or off, a highway and halts in a location where the vehicle can safely remain stationary;

(b) Electronic device includes, but is not limited to, a cellular telephone; a personal digital assistant; a pager; a computer; or any other device used to input, write, send, receive, or read text; and

(c)(i) Texting means manually entering alphanumeric text into, or reading text from, an electronic device. Texting includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access an Internet web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or electronic text entry for present or future communication.

(ii) Texting does not include:

(A) Inputting, selecting, or reading information on a global positioning system or navigation system;

(B) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or

(C) Using a device capable of performing multiple functions, including, but not limited to, fleet management systems, dispatching devices, smartphones, citizens band radios, and music players, for a purpose other than texting.

Source

    Laws 2012, LB751, ยง 45.