Nebraska Revised Statute 60-6,244
Chapter 60 Section 6,244
Motor vehicles; brakes; requirements.
(1) Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels and so constructed that no part which is liable to failure shall be common to the two, except that a motorcycle shall be required to be equipped with only one brake. All such brakes shall be maintained at all times in good working order.
(2) It shall be unlawful for any owner or operator of any motor vehicle, other than a motorcycle, to operate such motor vehicle upon a highway unless the brake equipment thereon qualifies with regard to maximum stopping distances from a speed of twenty miles per hour on dry asphalt or concrete pavement free from loose materials as follows:
(a) Two-wheel brakes, maximum stopping distance, forty feet;
(b) Four or more wheel brakes, vehicles up to seven thousand pounds gross weight, maximum stopping distance, thirty feet;
(c) Four or more wheel brakes, vehicles seven thousand pounds or more gross weight, maximum stopping distance, thirty-five feet;
(d) All hand, parking, or emergency brakes, vehicles up to seven thousand pounds gross weight, maximum stopping distance, fifty-five feet; and
(e) All hand, parking, or emergency brakes, vehicles seven thousand pounds or more gross weight, maximum stopping distance, sixty-five feet.
(3) All braking distances specified in this section shall apply to all vehicles whether unloaded or loaded to the maximum capacity permitted by law.
(4) The retarding force of one side of the vehicle shall not exceed the retarding force on the opposite side so as to prevent the vehicle stopping in a straight line.
- Laws 1931, c. 110, § 38, p. 317;
- Laws 1939, c. 78, § 2, p. 318;
- C.S.Supp.,1941, § 39-1169;
- R.S.1943, § 39-773;
- Laws 1977, LB 314, § 2;
- R.S.1943, (1988), § 39-6,133;
- Laws 1993, LB 370, § 340.
Under circumstances in this case, defendant was guilty of negligence as a matter of law for failure to utilize second braking system when first failed. Ritchie v. Davidson, 183 Neb. 94, 158 N.W.2d 275 (1968).
Condition of brakes, even if defective, was not a proximate cause of accident. Odom v. Willms, 177 Neb. 699, 131 N.W.2d 140 (1964).
Violation of this section was not negligence as matter of law and plaintiff had burden of proving negligence and proximate cause. Starns v. Jones, 500 F.2d 1233 (8th Cir. 1974).