Nebraska Revised Statute 60-497.03

Chapter 60

60-497.03.

Conviction reports; form of transmittal; revocation or suspension of license; director; duties.

To enable the director punctually and economically to perform his or her ministerial duties in revoking or suspending operators' licenses and to insure uniformity in the keeping of the records of suspended operators' licenses and operators' licenses ordered revoked by courts of the state, the director shall authorize electronic transmission of abstract-of-conviction reports. The director shall prescribe the standard format of abstract-of-conviction reports.

In the administration of any section of the Motor Vehicle Operator's License Act, the powers and duties conferred upon the director or his or her subordinates or successors with respect to the revocation or suspension of any operator's license are ministerial in character. The director shall revoke operators' licenses only when positively directed to do so by the terms of the abstract of the judgment of conviction transmitted by the trial court except as otherwise provided in the Motor Vehicle Operator's License Act, the Motor Vehicle Safety Responsibility Act, or the Nebraska Rules of the Road.

Source

  • Laws 1931, c. 110, § 58, p. 326;
  • Laws 1941, c. 124, § 9, p. 476;
  • C.S.Supp.,1941, § 39-1189;
  • R.S.1943, § 39-796;
  • Laws 1953, c. 219, § 9, p. 772;
  • Laws 1957, c. 164, § 3, p. 580;
  • Laws 1957, c. 366, § 17, p. 1256;
  • Laws 1957, c. 165, § 3, p. 583;
  • Laws 1969, c. 317, § 3, p. 1145;
  • Laws 1972, LB 1032, § 248;
  • Laws 1973, LB 226, § 27;
  • C.S.Supp.,1972, § 39-796;
  • Laws 1991, LB 420, § 4;
  • R.S.Supp.,1992, § 39-669.24;
  • Laws 1993, LB 370, § 77;
  • Laws 1993, LB 575, § 16;
  • Laws 1999, LB 704, § 12;
  • Laws 2001, LB 38, § 19.

Cross References

  • Motor Vehicle Safety Responsibility Act, see section 60-569.
  • Nebraska Rules of the Road, see section 60-601.

Annotations

  • A certified abstract for conviction report must include judgment of conviction to authorize revocation or suspension of motor vehicle operator's license. Hyland v. State, 194 Neb. 737, 235 N.W.2d 236 (1975).

  • The amount by which the speed limit was exceeded is a part of the information to be shown on the abstract for conviction report. Melanson v. State, 188 Neb. 446, 197 N.W.2d 401 (1972).

  • The determinations required in this and companion sections are simple ministerial matters. Stauffer v. Weedlun, 188 Neb. 105, 195 N.W.2d 218 (1972).

  • While the duties of the Director of Motor Vehicles are ministerial, he is required to relate the reports of convictions to the applicable statute violated. Westenburg v. Weedlun, 187 Neb. 679, 193 N.W.2d 566 (1972).

  • It is not necessary that abstract of state offense involved the use of a motor vehicle. Lutjemeyer v. Dennis, 186 Neb. 46, 180 N.W.2d 679 (1970).

  • Revocation of license under point system is a ministerial act. Bradford v. Ress, 167 Neb. 338, 93 N.W.2d 17 (1958).

  • Duty to revoke license under point system law upon receipt of proof of convictions is ministerial. Stewart v. Ress, 164 Neb. 876, 83 N.W.2d 901 (1957).