Nebraska Legislature Update

By Dan Nitzel

          In July of this year, an updated ATV statute went into effect for Nebraska.

LB-307 was introduced by Senator Arnie Stuthman of Platte Center.  LB-307 was passed by the legislature, signed by the governor and is now law.  LB-307 added to the existing state ATV use statutes a stipulation that ATV use is not allowed on city or village streets or roads unless a statute is passed by the city, village or county board (if a village is not incorporated, meaning the village has no elected local governing representatives).  The updates to the old state ATV statutes basically address a problem that some communities had with people on agricultural ATVs passing through town from farm to farm.  Some local communities wanted to be able to allow ATV use inside their community by residents.  

Under the new law passed this year the operation of all terrain vehicles within city boundaries will be regulated and restricted.  ATV’s may be operated within the corporate limits of a municipality only if that city or village has adopted an ordinance allowing such operation.  Use of these vehicles in a city sponsored parade may be allowed without such an ordinance.  LB-307 provides that any such ordinance adopted by a municipality must contain certain provisions along with other provisions a city might want to adopt.  The ATV may be operated only between the hours of sunrise and sunset.  The operator of the ATV must have a farm permit or a valid Class O operator’s license.  The ATV must have insurance covering liabilities.  No operating speed in excess of 30 miles per hour may be allowed.  When the ATV is being operated, the vehicle’s headlight and taillight must be turned on and a five-foot tall bicycle flag must be attached to the rear of the vehicle. 

Under my interpretation of LB-307, this is how details of the new law may effect ATV riders –

§         The new law will not effect the operation of ATVs on the trails we now enjoy at Headworks OHV Park near Genoa, the Nebraska National Forest near Halsey, the Flatrock OHV park near Sutherland, or trails at the Harlan County Reservoir. 

§         Local cities, villages and counties can pass ordinances to allow the use of ATVs in specific places.  These places may include: specific streets or areas; parks; some or all streets within a local subdivision or village; or all streets within a village or city.  If ATV use is allowed, riders must have an operator license, have insurance, have a headlight and tail light that is turned on, a five foot tall bicycle flag,  cannot exceed 30 mph and can only be used between the sunrise and sunset.

§         While not specifically addressed in the new statute, ATV use ‘may’ be prohibited from use on private property inside a village or city.  This may effect people using ATVs with snow blades, mowers, yard work, recreation, etc.  It depends upon how far a local city or village may want to define or enforce the law.

§         Farm use of ATVs in a city or village is now prohibited unless the local city, village or county passes a law allowing such use.

§         It is not known if a county can pass an ordinance to allow ATV use on a county road for recreation, such as connecting a town to a trail.  However, with LB-307 we assume that a county can now designate specific roads and trails for this purpose. 

 

            Two other proposed changes to ATV laws did not make it through the legislature.

LB-70 was introduced by Senator Deb Fischer of Valentine.  LB 70 authorizes municipal employees to operate an all-terrain vehicle (ATV) while in the scope of their employment.  Current statutes state that an ATV shall not be operated on any highway of this state. There are currently three exceptions in the existing statute.  It allows for authorized parades, allows for agricultural purposes, and electric utility personnel within the course of their employment. The bill proposes to amend existing statutes by adding a fourth exception to allow operation of an ATV on a highway inside the corporate limits of any municipality by employees of such municipality within the scope of their employment.  As of this writing the bill is indefinitely postponed meaning that it’s dead for the year.

LB-288 was introduced by Senator Leroy Louden of Ellsworth.  The proposed bill if passed will allow the use of an all terrain vehicle on any road, street or highway in Nebraska by anyone.  The bill does not call for ATVs to be licensed or insured.  Operators must have a class “O” license or learners permit.  ATVs will be required to have a flag, must operate only during daylight hours and must not travel more than 30 mph at any time.  As of this writing the bill is still in committee, passage is unlikely.

 

Law Passed to Address Liability

By Dan Nitzel

The on the final days of their session, the Nebraska Legislature passed a new Recreational Liability Act.  The new act is an update from the old recreational liability act that was determined last year by the state Supreme Court to not protect government sub divisions from recreational liability.   On September 29th of 2006, Chief Justice of the Nebraska Supreme Court John Hendry said the state law, passed in 1965, protected only private individuals who opened their property for recreation. That statute said nothing about public landowners, which lost protection under the old 1969 law, he wrote.  In the ruling, the court said that governments could have been held liable for recreational accidents on their land. The decision reversed 25 years of previous high court rulings. And it had government leaders wondering if they could risk permitting any kind recreational activity on their land.

NOHVA was concerned about the older recreational liability act being declared as not covering governmental sub-divisions.  Two of our riding areas that we work with (Headworks and Sutherland) are owned by public power companies, and the power companies are managed by a publicly elected board of directors.

The new Recreation Liability Act, LB-564, provides immunity to cities and other government sub-divisions for any claim relating to recreational activities for which no fee is charged resulting from the inherent risk of the recreational activity.  This act allows government sub-divisions to continue to allow public lands to be used for recreational activities.  Government sub-divisions must maintain equipment in good order and fix defects in a reasonable time after being notified of recreational equipment defects.

The law also will not excuse public entities from liability when people pay to participate in activities, such as using a swimming pool or going on a horseback ride. Under the law, the fees required to enter state parks and recreation areas are not considered paying for an activity.

Senators approved an amendment to LB-564 that requires cities to post a sign at skateboard parks and bicycle motocross parks, warning that the city isn’t liable for injury or death resulting from the inherent risks of the activity.

 

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This page was updated on Sunday, March 01, 2009