All Terrain Vehicle Law Changes

Effictive September 1, 2007, the laws governing the operation of all-terrain vehicles on public road have changed. Please see the revised statute below.


Section 60-6,356 - All-terrain vehicle; operation; restrictions; city or village ordinance; county board resolution.

(1) An all-terrain vehicle shall not be operated on any controlled-access
highway with more than two marked traffic lanes, and the crossing of
any controlled-access highway 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 operation of an all-terrain vehicle
only on a highway other than a controlled-access highway with more than
two marked traffic lanes.

(2) An all-terrain vehicle may be operated in accordance with the operating requirements of subsection (3) of this section:

(a) Outside the corporate limits of a city, village, or unincorporated
village if incidental to the vehicle's use for agricultural purposes;

(b) Within the corporate limits of a city or village if authorized by the
city or village by ordinance adopted in accordance with this section; or

(c) Within an unincorporated village if authorized by the county board of
the county in which the unincorporated village is located by resolution
in accordance with this section.

(3) An all-terrain vehicle may be operated as authorized in subsection (2) of this section when such operation occurs only between the hours of
sunrise and sunset. Any person operating an all-terrain vehicle as
authorized in subsection (2) of this section shall have a valid Class O
operator's license or a farm permit as provided in section 60-4,126,
shall have liability insurance coverage for the all-terrain vehicle
while operating the all-terrain vehicle on a highway, and shall not
operate such vehicle at a speed in excess of thirty miles per hour. The
person operating the all-terrain vehicle shall provide proof of such
insurance coverage to any peace officer requesting such proof within
five days of such a request. When operating an all-terrain vehicle as
authorized in subsection (2) of this section, the headlight and
taillight of the vehicle shall be on and the vehicle shall be equipped
with a bicycle safety flag which extends not less than five feet above
ground attached to the rear of such vehicle. The bicycle safety flag
shall be triangular in shape with an area of not less than thirty
square inches and shall be day-glow in color.

(4) All-terrain vehicles may be operated without complying with subsection
(3) of this section on highways in parades which have been authorized
by the State of Nebraska or any department, board, commission, or
political subdivision of the state.

(5) Subject to subsection (1) of this section, the crossing of a highway
shall be permitted by an all-terrain vehicle without complying with
subsection (3) of this section only if:

(a) The crossing is made at an angle of approximately ninety degrees to the
direction of the highway and at a place where no obstruction prevents a
quick and safe crossing;

(b) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the highway;

(c) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;

(d) In crossing a divided highway, the crossing is made only at an intersection of such highway with another highway; and

(e) Both the headlight and taillight of the vehicle are on when the crossing is made.

(6) All-terrain vehicles may be operated outside the corporate limits of
any municipality by electric utility personnel within the course of
their employment in accordance with the operation requirements of
subsection (3) of this section, except that the operation of the
vehicle pursuant to this subsection need not be limited to the hours
between sunrise and sunset.

(7) A city or village may adopt an ordinance authorizing the operation of
all-terrain vehicles within the corporate limits of the city or 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-terrain vehicles within its corporate limits.

(8) A county board may adopt a resolution authorizing the operation of
all-terrain vehicles within any unincorporated village within the
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 within the unincorporated village.

Source:

    Laws 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.
    Effective date September 1, 2007