60-4,124 School permit; LPE-learner's permit; issuance; operation restrictions; violations; penalty. - Nebraska Statutes

60-4,124. Schoolpermit; LPE-learner's permit; issuance; operation restrictions; violations;penalty.(1) A person who is younger than sixteen years andthree months of age but is older than fourteen years and two months of agemay be issued a school permit if such person lives a distance of one and one-halfmiles or more from the school he or she attends and either resides outsidea city of the metropolitan, primary, or first class or attends a school whichis outside a city of the metropolitan, primary, or first class and if suchperson has held an LPE-learner's permit for two months. A school permit shallnot be issued until such person has demonstrated that he or she is capableof successfully operating a motor vehicle, moped, or motorcycle and has inhis or her possession an issuance certificate authorizing the county treasurerto issue a school permit. In order to obtain an issuance certificate, theapplicant shall present (a) proof of successful completion of a department-approveddriver safety course which includes behind-the-wheel driving specificallyemphasizing (i) the effects of the consumption of alcohol on a person operatinga motor vehicle, (ii) occupant protection systems, (iii) risk assessment,and (iv) railroad crossing safety and (b)(i) proof of successful completionof a written examination and driving test administered by a driver safetycourse instructor or (ii) a certificate in a form prescribed by the department,signed by a parent, guardian, or licensed driver at least twenty-one yearsof age, verifying that the applicant has completed fifty hours of lawful motorvehicle operation, under conditions that reflect department-approved driversafety course curriculum, with a parent, guardian, or adult at least twenty-oneyears of age, who has a current Nebraska operator's license or who is licensedin another state. The department may waive the written examination if theapplicant has been issued an LPE-learner's permit or LPD-learner's permitand if such permit is valid or has expired no more than one year prior toapplication. The written examination shall not be waived if the permit beingapplied for contains a class or endorsement which is different from the classor endorsement of the LPE-learner's permit.(2) A person holdinga school permit may operate a motor vehicle, moped, or motorcycle:(a)To and from where he or she attends school and between schools of enrollmentover the most direct and accessible route by the nearest highway from hisor her place of residence to transport such person or any family member whoresides with such person to attend duly scheduled courses of instruction andextracurricular or school-related activities at the school he or she attends;or(b) Under the personal supervision of a licensed operator.Such licensed operator shall be at least twenty-one years of age and licensedby this state or another state and shall actually occupy the seat beside thepermitholder or, in the case of a motorcycle or moped, if the permitholderis within visual contact of and under the supervision of, in the case of amotorcycle, a licensed motorcycle operator or, in the case of a moped, a licensedmotor vehicle operator.(3) The holder of a school permit shallnot use any type of interactive wireless communication device while operatinga motor vehicle on the highways of this state. Enforcement of this subsectionshall be accomplished only as a secondary action when the holder of the schoolpermit has been cited or charged with a violation of some other law.(4)A person who is younger than sixteen years of age but is over fourteen yearsof age may be issued an LPE-learner's permit, which permit shall be validfor a period of three months. An LPE-learner's permit shall not be issueduntil such person successfully completes a written examination prescribedby the department and demonstrates that he or she has sufficient powers ofeyesight to safely operate a motor vehicle, moped, or motorcycle.(5)(a)While holding the LPE-learner's permit, the person may operate a motor vehicleon the highways of this state if he or she has seated next to him or her aperson who is a licensed operator or, in the case of a motorcycle or moped,if he or she is within visual contact of and is under the supervision of aperson who, in the case of a motorcycle, is a licensed motorcycle operatoror, in the case of a moped, is a licensed motor vehicle operator. Such licensedmotor vehicle or motorcycle operator shall be at least twenty-one years ofage and licensed by this state or another state.(b) The holderof an LPE-learner's permit shall not use any type of interactive wirelesscommunication device while operating a motor vehicle on the highways of thisstate. Enforcement of this subdivision shall be accomplished only as a secondaryaction when the holder of the LPE-learner's permit has been cited or chargedwith a violation of some other law.(6) The county treasurer shallcollect the fee and surcharge prescribed in section 60-4,115 from each successfulapplicant for a school or LPE-learner's permit. All school permits shall besubject to impoundment or revocation under the terms of section 60-496. Anyperson who violates the terms of a school permit shall be guilty of an infractionand shall not be eligible for another school, farm, LPD-learner's, or LPE-learner'spermit until he or she has attained the age of sixteen years. SourceLaws1989, LB 285, § 74; Laws 1998, LB 320, § 11; Laws 2001, LB 387, § 8; Laws 2001, LB 574, § 18; Laws 2005, LB 675, § 4; Laws 2006, LB 853, § 9; Laws 2007, LB415, § 6; Laws 2008, LB911, § 18.