FOR AN ACT relating to traffic violations; to amend section 60-426, Reissue Revised Statutes of Nebraska, 1943; to adopt the Nonresident Violator Compact of 1977; to change provisions relating to suspension or revocation of operator's licenses; to repeal the original section; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. The Director of Motor Vehicles may enter into nonresident violator compacts with other jurisdictions. The compacts shall contain, in substantially the same form, the following provisions:
(a) In the Nonresident Violator Compact, the following words have the meaning indicated, unless the context requires otherwise.
(b)(1) Citation means any summons, ticket, or other official document issued by a police officer for a traffic violation containing an order which requires the motorist to respond.
(2) Collateral means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic violation.
(3) Compliance means the act of answering a citation, summons or subpoena through appearance at court or a tribunal, the payment of fines and costs, or both such appearance and payment.
(4) Court means a court of law or traffic tribunal.
(5) Driver's license means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.
(6) Home jurisdiction means the jurisdiction that issued the driver's license of the traffic violator.
(7) Issuing jurisdiction means the jurisdiction in which the traffic citation was issued to the motorist.
(8) Jurisdiction means a state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or other countries.
(9) Motorist means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.
(10) Personal recognizance means an agreement by a motorist made at the time of issuance of the traffic citation that he or she will comply with the terms of that traffic citation.
(11) Police officer means any individual authorized by the party jurisdiction to issue a citation for a traffic violation.
(12) Terms of the citation means those options expressly stated upon the citation.
(13) Director shall mean the Director of Motor Vehicles.
(a) When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, except as provided in paragraph (b) of this article, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that he or she will comply with the terms of the citation.
(b) Unless prohibited by law, personal recognizance is acceptable. If mandatory appearance is required by law, it should take place immediately following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued and that licensing authority shall transmit the information contained in the report to the licensing authority in the home jurisdiction of the motorist.
(d) The licensing authority of the issuing jurisdiction shall not suspend the privilege of a motorist for whom a report has been transmitted.
(e) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.
(f) The licensing authority of the issuing jurisdiction shall not transmit a report on any violation when the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.
Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.
The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.
The nonresident violator compact may contain other provisions the director reasonably determines are necessary or appropriate for inclusion in the compact. The Department of Motor Vehicles may adopt and promulgate rules and regulations to carry out the provisions of this section.
This compact shall be known as the Nonresident Violator Compact of 1977.