Section
1. Section 60-4,120.01, Revised Statutes is amended to read:
60-120.01.
Section 60-4,120.01 shall be known and may be cited as the Provisional
Operator's Permit Act.
Sec.
2. Section 60-4,120.01, Revised Statues of Nebraska, is amended to
read:
60-4,120.01
Any person who is at least sixteen years of age but less than eighteen
years of age may apply for a provisional operator's permit from the
Department of Motor Vehicles. The provisional operator's permit shall
expire on the applicant's eighteenth birthday two
years from the time the provisional operator's permit was issued.
In order to obtain a provisional operator's permit, the applicant
shall
(a)(i)
successfully complete a department-approved class 1 driver
safety course which includes behind-the-wheel driving specifically
emphasizing
(A)
the effects of the consumption of alcohol on a person operating
a motor vehicle,
(B)
occupant protection systems,
(C)
risk assessment, and
(D)
railroad crossing safety and
(ii)
successfully complete a written examination and driving test administered
by a driver safety course instructor or
.
or
(b)
successfully complete an approved class 2 driver safety course of
ten hours of driving time and classroom instruction on
(A)
the effects of the consumption of alcohol on a person operating
a motor vehicle,
(B)
occupant protection systems,
(C)
risk assessment, and
(D)
railroad crossing safety and
(ii)
successfully complete a written examination or
(b)(c)
present to the examiner an affidavit and driving log on a form prescribed
by the department verifying that the applicant has completed fifty
hours of lawful motor vehicle operation, under conditions that reflect
department-approved driver safety course curriculum, with a parent,
guardian, or adult at least twenty-one years of age, who has a current
Nebraska operator's license or who is licensed in another state
If
the applicant presents such an affidavit, the applicant shall be required
to successfully complete a driving test administered by an examiner
of the department. The written examination shall be waived if the
applicant has held an LPD-learner's permit issued on or after January
1, 1999. Upon presentation to the examiner by the applicant of a form
prescribed by the department showing successful completion of the
approved class 1 driver safety course, the examiner shall waive
the written examination and driving test. Upon presentation to
the examiner by the applicant of a form prescribed by the department
showing successful completion of the approved class 2 driving safety
course, the examiner shall waive the written examination but not the
driving test. Upon presentation to the examiner of the affidavit
and driving log, the examiner shall waive the written examination
but not the driving test.
(2)
The holder of a provisional operator's permit shall only operate a
motor vehicle on the highways of this state during the period beginning
at 6 a.m. and ending at 12 midnight except when he or she is en route
to or from his or her residence to his or her place of employment
or a school activity. The holder of a provisional operator's permit
may operate a motor vehicle on the highways of this state at any hour
of the day or night if accompanied by a parent, guardian, or adult
at least twenty-one years of age, who has a current Nebraska operator's
license or who is licensed in another state.
(3)
The county treasurer shall collect a fee for the issuance of each
provisional operator's permit in the amount of ten dollars. Two dollars
and seventy-five cents of each fee shall be credited to the county
general fund, and the remainder of the fee shall be remitted to the
State Treasurer for credit to the Department of Motor Vehicles Cash
Fund.
Section
3. Section 60-4,120.02 is amended to read:
60-4,120.02
Provisional operator's permit; violations; suspension; reinstatement;
fee
(1)
Any person convicted of violating a provisional operator's permit
issued pursuant to section 60-4,120.01 by operating a motor vehicle
in violation of subsection (2) of such section shall be guilty of
an infraction and may have his or her provisional operator's permit
suspended by the court pursuant to section 60-496 for a time period
specified by the court. Before such person has his or her provisional
operator's permit reinstated, he or she shall pay a reinstatement
fee of ninety-five dollars to the Department of Motor Vehicles after
the period of suspension has expired. The reinstatement be shall be
remitted to the State Treasurer. The State Treasurer shall credit
fifty dollars of each reinstatement fee to the General Fund and forty-five
dollars of each reinstatement fee to the Department of Motor Vehicles
Cash Fund.
(2)
A copy of an abstract of the court's conviction, including an adjudication,
shall be transmitted to the director pursuant to sections 60-497.01
to 60-497.04.
(3)
For purposes of this section, conviction includes any adjudication
of a juvenile.
(4)
A period of eighteen months with no accidents or motor vehicle violations
shall be required before a person with a provisional operator's license
may obtain an operator's license.
