60-6,378.02.

Vulnerable road user; operator of approaching or passing motor vehicle; duties; violation; penalty.

(1) The operator of a motor vehicle shall proceed with due care and caution as described in subsection (2) of this section when approaching or passing a vulnerable road user.

(2)(a) If there are at least two adjacent lanes of travel in the same direction on the same side of the highway as the vulnerable road user, the driver of the approaching or passing motor vehicle shall proceed with due care and caution and yield the right-of-way when approaching or passing the vulnerable road user by moving into a lane at least one moving lane apart from the vulnerable road user unless directed otherwise by any peace officer, authorized emergency personnel, or road assistance personnel as defined in section 60-6,378.

(b) If there are not two adjacent lanes of travel in the same direction on the same side of the highway as the vulnerable road user or if moving into another lane is not reasonably possible as defined in section 60-6,378, the driver of the approaching or passing vehicle shall:

(i) Reduce his or her speed;

(ii) Maintain a safe speed with regard to the location of the vulnerable road user, the weather conditions, the road conditions, and vehicular or pedestrian traffic; and

(iii) Proceed with due care and caution or proceed as directed by any peace officer, authorized emergency personnel, or road assistance personnel.

(3) Any person who violates this section is guilty of a:

(a) Class IIIA misdemeanor for a second or subsequent violation committed within five years after a conviction for a violation of this section; or

(b) Traffic infraction for any other violation.

(4) This section does not grant any vulnerable road user the right to be on or along any highway in violation of any other state or local law.