60-6,235 Clearance lights; requirements; substitution; violations; penalty. - Nebraska Statutes

60-6,235. Clearance lights; requirements; substitution; violations; penalty.Every vehicle, including road rollers, road machinery, combines, farm machinery, wagons, racks, and farm tractors, (1) having a width, including load, of eighty inches or more or (2) having any part thereof or having any load thereupon which extends forty inches or more to the left of the center of the chassis shall display, when driven, pulled, operated, or propelled upon any highway during the period from sunset to sunrise and at all other times when there is not sufficient light to render such vehicle clearly discernible, two clearance lights on the left side of such vehicle.One clearance light shall be located at the front and display an amber light which is visible, under normal atmospheric conditions, from a distance of three hundred feet to the front of such vehicle. The other clearance light shall be located at the rear and display a red light which is visible, under normal atmospheric conditions, from a distance of three hundred feet to the rear of the vehicle. The light at the rear shall be so located as not to be confused with the taillight by those approaching from the rear.Such lights shall be located on a line with the extreme outer point of such vehicle or the load on the vehicle. The installation of the lights shall be made in such a manner that no hazard will be created by their use on the highway.Suitable reflectors of like color and equal visibility may be substituted for such clearance lights.Any person who violates any provision of this section shall be guilty of a Class III misdemeanor. In the event of such a conviction, as part of the judgment of conviction, the trial judge shall direct the person to produce in court or submit to the prosecuting attorney, before such person again operates the vehicle upon a highway, satisfactory proof showing that the light equipment involved in the person's conviction has been made to conform with the requirements of this section. The failure, refusal, or neglect of the convicted person to abide by such direction in the judgment of conviction shall be deemed an additional offense for which the person shall be prosecuted. SourceLaws 1931, c. 106, § 2, p. 280; Laws 1939, c. 78, § 3, p. 319; C.S.Supp.,1941, § 39-1122; R.S.1943, § 39-735; Laws 1945, c. 92, § 1, p. 314; Laws 1949, c. 117, § 1, p. 313; Laws 1953, c. 131, § 13, p. 409; Laws 1955, c. 152, § 2, p. 452; Laws 1957, c. 366, § 3, p. 1246; R.R.S.1943, § 39-735; Laws 1977, LB 211, § 2; Laws 1977, LB 393, § 1; Laws 1987, LB 224, § 4; R.S.1943, (1988), § 39-6,127; Laws 1993, LB 370, § 331; Laws 1993, LB 575, § 27. AnnotationsClearance lights are required at both front and rear of vehicle. Egenberger v. National Alfalfa Dehydrating & Milling Co., 164 Neb. 704, 83 N.W.2d 523 (1957).Truck was required to have clearance lights turned on and operating. Guerin v. Forburger, 161 Neb. 824, 74 N.W.2d 870 (1956).Where headlights on motor vehicle are insufficient to make highway signals of a railroad crossing visible from cab of truck before running into it, guest riding in motor vehicle without protest cannot recover from railroad company. Fischer v. Megan, 138 Neb. 420, 293 N.W. 287 (1940).Failure to comply with statutory requirements is not actionable negligence as matter of law, but may be considered with other facts tending to establish negligence. LaFleur v. Poesch, 126 Neb. 263, 252 N.W. 902 (1934).