60-6,285 Horn; requirements; prohibited acts. - Nebraska Statutes

60-6,285. Horn; requirements; prohibited acts.Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet. Except as otherwise provided in this section, it shall be unlawful for any vehicle to be equipped with or for any person to use upon a vehicle any siren, exhaust, compression, or spark plug whistle or for any person at any time to use a horn, otherwise than as a reasonable warning, or to make any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device. Every police and fire department and fire patrol vehicle and every ambulance used for emergency calls shall be equipped with a bell, siren, or exhaust whistle. SourceLaws 1931, c. 110, § 39, p. 318; C.S.Supp.,1941, § 39-1170; R.S.1943, § 39-774; Laws 1957, c. 366, § 5, p. 1248; R.R.S.1943, § 39-774; Laws 1987, LB 224, § 5; R.S.1943, (1988), § 39-6,135; Laws 1993, LB 370, § 381. AnnotationsWhere evidence is not sufficient to support finding there was a duty to sound a horn, court could not properly submit that issue. Merritt v. Reed, 186 Neb. 561, 185 N.W.2d 261 (1971).The duty to sound a signal, warning of the approach of a motor vehicle, depends largely on the circumstances of the particular case. Tews v. Bamrick and Carroll, 148 Neb. 59, 26 N.W.2d 499 (1947).Before backing a motor vehicle, operator must give signal of intention. Chew v. Coffin, 144 Neb. 170, 12 N.W.2d 839 (1944).Failure of trial court to supplement its instructions to include provisions of this section was not erroneous. Bern v. Evans, 349 F.2d 282 (8th Cir. 1965).