Nebraska Revised Statute 60-6,139
Driving on roadways laned for traffic; rules; traffic control devices.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent with this section, shall apply:
(1) A vehicle shall be driven as nearly as practicable within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;
(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except (a) when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, (b) in preparation for making a left turn, or (c) when such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by traffic control devices;
(3) Traffic control devices may be erected by the Department of Transportation or local authorities to direct specified traffic to use a designated lane or to designate those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device; and
(4) Traffic control devices may be installed by the department or local authorities to prohibit the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
- Laws 1973, LB 45, § 28;
- R.S.1943, (1988), § 39-628;
- Laws 1993, LB 370, § 235;
- Laws 2017, LB339, § 200.
By including the language “as nearly as practicable,” subdivision (1) of this section expressly requires that surrounding circumstances be considered. State v. Au, 285 Neb. 797, 829 N.W.2d 695 (2013).
The language “as nearly as practicable” conveys that subdivision (1) of this section does not require absolute adherence to a feasibility requirement, but, rather, something less rigorous. State v. Au, 285 Neb. 797, 829 N.W.2d 695 (2013).
The mere touching or crossing of a lane divider line, without more, does not constitute a traffic violation under this section. State v. Au, 285 Neb. 797, 829 N.W.2d 695 (2013).