Nebraska Revised Statute 60-6,121
Placing and maintaining traffic control devices; local authorities.
Local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdictions as they deem necessary to indicate and to carry out the provisions of the Nebraska Rules of the Road or to regulate, warn, or guide traffic. All such traffic control devices erected pursuant to the rules shall conform with the manual.
- Laws 1973, LB 45, § 11;
- R.S.1943, (1988), § 39-611;
- Laws 1993, LB 370, § 217.
Sovereign immunity barred a claim against the State of Nebraska and Cass County concerning the lack of pavement markings at a railroad crossing at which a collision occurred because the decision of whether to place pavement markings at the crossing was discretionary. Shipley v. Department of Roads, 283 Neb. 832, 813 N.W.2d 455 (2012).
Once a city elects to install a pedestrian crosswalk signal, it is required to conform to the Manual on Uniform Traffic Control Devices in determining the pedestrian clearance interval, and the discretionary immunity exception of section 13-910 does not apply. Tadros v. City of Omaha, 269 Neb. 528, 694 N.W.2d 180 (2005).
The Nebraska Legislature intended political subdivisions to have discretion in the installation of traffic control devices, for purposes of a claim under the Political Subdivisions Tort Claims Act. Dresser v. Thayer Cty, 18 Neb. App. 99, 774 N.W.2d 640 (2009).