60-484 Operator's license required, when; state identification card; application. - Nebraska Statutes

60-484. Operator's licenserequired, when; state identification card; application.(1)(a)This subsection applies until the implementation date designated by the directorpursuant to section 60-462.02. Except as otherwise provided in the Motor VehicleOperator's License Act, no resident of the State of Nebraska shall operatea motor vehicle upon the alleys or highways of the State of Nebraska untilthe person has obtained an operator's license for that purpose.(b) Application for an operator's license may be made in amanner prescribed by the department. Such application may be made to an examinerin any county. The examiner shall personally conduct the examination of theapplicant and deliver to each successful applicant an examiner's certificatecontaining the statements made pursuant to subdivision (c) of this subsection.(c) In addition to any other information and questions necessaryto comply with the requirements and purposes of the act, the applicant (i)shall provide his or her name, age, post office address, place of residenceunless the applicant is a program participant under the Address ConfidentialityAct, date of birth, gender, social security number, and brief descriptionof himself or herself, (ii) may complete the voter registration portion pursuantto section 32-308, (iii) shall be provided the advisement language requiredby subsection (5) of section 60-6,197, (iv) shall answer the following:(A) Have you within the last three months (e.g. due to diabetes,epilepsy, mental illness, head injury, stroke, heart condition, neurologicaldisease, etc.):(I) lost voluntary control or consciousness ... yes ... no(II) experienced vertigo or multiple episodes of dizzinessor fainting ... yes ... no(III) experienced disorientation ... yes ... no(IV) experienced seizures ... yes ... no(V) experienced impairment of memory, memory loss ... yes... noPlease explain: ......................(B) Do you experience any condition which affects your abilityto operate a motor vehicle? (e.g. due to loss of, or impairment of, foot,leg, hand, arm; neurological or neuromuscular disease, etc.) ... yes ... noPlease explain: ......................(C) Since the issuance of your last driver's license/permithas your health or medical condition changed or worsened? ... yes ... noPlease explain, including how the above affects your abilityto drive: ......................, and (v) may answer the following:(A) Do you wish to register to vote as part of this applicationprocess?OPTIONAL - YOU ARE NOT REQUIRED TO ANSWER ANY OF THE FOLLOWINGQUESTIONS:(B) Do you wish to be an organ and tissue donor?(C) Do you wish to receive any additional specific informationregarding organ and tissue donation and the Donor Registry of Nebraska?(D) Do you wish to donate $1 to promote the Organ and TissueDonor Awareness and Education Fund?(d) Application for an operator's license shall be made underoath or affirmation of the applicant.(e) The social security number shall not be printed on theoperator's license and shall be used only (i) to furnish driver record informationto the United States Selective Service System under section 60-483, (ii) withthe permission of the director in connection with the verification of thestatus of an individual's driving record in this state or any other state,(iii) for purposes of child support enforcement pursuant to section 42-358.08or 43-512.06, or (iv) to furnish information regarding an applicant for orholder of a commercial driver's license with a hazardous materials endorsementto the Transportation Security Administration of the United States Departmentof Homeland Security or its agent.(f)(i) Except for an individual under the age of eighteenyears, each individual applying for an operator's license or a state identificationcard shall furnish proof of date of birth and identity by a valid Nebraskaoperator's license, a valid Nebraska learner's permit, a valid Nebraska schoolpermit, a valid operator's license from another state or jurisdiction of theUnited States, a certified birth certificate, a certified birth registration,a valid United States passport, a valid United States military identificationcard, United States military discharge papers, other United States-based identificationas approved by the director, or information preserved in the digital systemimplemented under section 60-484.01.(ii) Any individual under the age of eighteen years applyingfor an operator's license or a state identification card shall provide a certifiedcopy of his or her birth certificate, a certified birth registration, or otherreliable proof of his or her identity and age accompanied by a certificationsigned by a parent or guardian explaining the inability to produce a copyof such birth certificate. The applicant may be required to furnish proofto the examiner that the parent or guardian signing the certification is infact the parent or guardian of such applicant.(2)(a) This subsection applies beginning on the implementationdate designated by the director pursuant to section 60-462.02. Except as otherwiseprovided in the Motor Vehicle Operator's License Act, no resident of the Stateof Nebraska shall operate a motor vehicle upon the alleys or highways of thisstate until the person has obtained an operator's license for that purpose.(b) Application for an operator's license or a state identificationcard shall be made in a manner prescribed by the department. Such applicationmay be made to department personnel in any county. Department personnel shallconduct the examination of the applicant and deliver to each successful applicantan issuance certificate containing the statements made pursuant to subdivision(c) of this subsection.(c) The applicant (i) shall provide his or her full legalname, date of birth, mailing address, gender, race or ethnicity, and socialsecurity number, two forms of proof of address of his or her principal residenceunless the applicant is a program participant under the Address ConfidentialityAct, evidence of identity as required by subdivision (2)(f) of this subsection,and a brief physical description of himself or herself, (ii) may completethe voter registration portion pursuant to section 32-308, (iii) shall beprovided the advisement language required by subsection (5) of section 60-6,197,(iv) shall answer the following:(A) Have you within the last three months (e.g. due to diabetes,epilepsy, mental illness, head injury, stroke, heart condition, neurologicaldisease, etc.):(I) lost voluntary control or consciousness ... yes ... no(II) experienced vertigo or multiple episodes of dizzinessor fainting ... yes ... no(III) experienced disorientation ... yes ... no(IV) experienced seizures ... yes ... no(V) experienced impairment of memory, memory loss ... yes... noPlease explain: .................................(B) Do you experience any condition which affects your abilityto operate a motor vehicle? (e.g. due to loss of, or impairment of, foot,leg, hand, arm; neurological or neuromuscular disease, etc.) ... yes ... noPlease explain: ...................................(C) Since the issuance of your last driver's license/permit,has your health or medical condition changed or worsened? ... yes ... noPlease explain, including how the above affects your abilityto drive: .................., and (v) may answer the following:(A) Do you wish to register to vote as part of this applicationprocess?OPTIONAL - YOU ARE NOT REQUIRED TO ANSWER ANY OF THE FOLLOWINGQUESTIONS:(B) Do you wish to be an organ and tissue donor?(C) Do you wish to receive any additional specific informationregarding organ and tissue donation and the Donor Registry of Nebraska?(D) Do you wish to donate $1 to promote the Organ and TissueDonor Awareness and Education Fund?(d) Application for an operator's license or state identificationcard shall include a signed oath, affirmation, or declaration of the applicantthat the information provided on the application for the license or card istrue and correct.(e) The social security number shall not be printed on theoperator's license or state identification card and shall be used only (i)to furnish information to the United States Selective Service System undersection 60-483, (ii) with the permission of the director in connection withthe verification of the status of an individual's driving record in this stateor any other state, (iii) for purposes of child support enforcement pursuantto section 42-358.08 or 43-512.06, (iv)to furnish information regarding an applicant for or holder of a commercialdriver's license with a hazardous materials endorsement to the TransportationSecurity Administration of the United States Department of Homeland Securityor its agent, or (v) to furnishinformation to the Department of Revenue under section 77-362.02.(f)(i) Each individual applying for an operator's licenseor a state identification card shall furnish proof of date of birth and identitywith documents containing a photograph or with nonphoto identity documentswhich include his or her full legal name and date of birth. Such documentsshall include, but not be limited to, any valid Nebraska operator's licenseor Nebraska state identification card, a valid operator's license or identificationcard from another state or jurisdiction of the United States, a certifiedbirth certificate, a valid United States passport, or any other United States-basedidentification as approved by the director.(ii) Any individual under the age of eighteen years applyingfor an operator's license or a state identification card shall provide a certifiedcopy of his or her birth certificate or, if such individual is unable to providea certified copy of his or her birth certificate, other reliable proof ofhis or her identity and age, as required in subdivision (2)(f)(i) of thissection, accompanied by a certification signed by a parent or guardian explainingthe inability to produce a copy of such birth certificate. The applicant alsomay be required to furnish proof to department personnel that the parent orguardian signing the certification is in fact the parent or guardian of suchapplicant.(iii) An applicant may present other documents as proof ofidentification and age designated by the director. Any documents acceptedshall be recorded according to a written exceptions process established bythe director. SourceLaws 1929, c. 148, § 1, p. 512; C.S.1929, § 60-401; Laws 1937, c. 141, § 11, p. 510; C.S.Supp.,1941, § 60-401; R.S.1943, § 60-403; Laws 1945, c. 141, § 1, p. 446; Laws 1947, c. 207, § 1, p. 675; Laws 1957, c. 366, § 35, p. 1269; Laws 1961, c. 315, § 2, p. 998; Laws 1961, c. 316, § 2, p. 1007; Laws 1984, LB 811, § 2; Laws 1986, LB 878, § 1; Laws 1986, LB 153, § 9; Laws 1987, LB 300, § 1; R.S.1943, (1988), § 60-403; Laws 1989, LB 285, § 35; Laws 1991, LB 457, § 44; Laws 1992, LB 1178, § 1; Laws 1994, LB 76, § 571; Laws 1994, LB 211, § 2; Laws 1995, LB 467, § 10; Laws 1996, LB 939, § 1; Laws 1996, LB 1073, § 1; Laws 1997, LB 635, § 20; Laws 1999, LB 147, § 1; Laws 1999, LB 704, § 5; Laws 2000, LB 1317, § 7; Laws 2001, LB 34, § 1; Laws 2001, LB 387, § 4; Laws 2001, LB 574, § 5; Laws 2003, LB 228, § 12; Laws 2004, LB 208, § 4; Laws 2004, LB 559, § 1; Laws 2005, LB 1, § 1; Laws 2005, LB 76, § 5; Laws 2008, LB911, § 9; Laws 2010, LB879, § 3. Cross ReferencesAddress Confidentiality Act, see section 42-1201. AnnotationsDriving a motor vehicle requires that driver be licensed; there is no unfettered constitutional right to travel by whatever means a person chooses. State v. Meints, 223 Neb. 199, 388 N.W.2d 813 (1986).Licensure of drivers hereunder is in interest of public safety and, when one drives in violation of statute, it is evidence of negligence which may be considered by the jury. Benton v. State, 124 Neb. 485, 247 N.W. 21 (1933).