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Welcome. This site provides information on Traffic legislation implementation.
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Chapter
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Description |
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CHAPTER 23
HB 2322
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DRIVING SCHOOLS; LIMITATION OF HOURS
Rep. Allen
Prohibits defensive driving school sessions from exceeding 4½ hours in duration.
Statute Affected: 28-3395
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| CHAPTER 84
SB 1166
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STOPPING VEHICLES ON HIGHWAYS
Sen. Verschoor, et al
Permits motor vehicles providing a public entity’s public transportation (defined) to stop on a state highway or state route to allow passengers to enter or exit as long as certain enumerated safety conditions are met.
Statute Affected: 28-873
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CHAPTER 205
HB 2345
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COMMERCIAL DRIVER LICENSES; MOTOR CARRIERS
Rep. Jones
Unless a court expressly directs otherwise and sets forth on record, commercial driver license disqualifications must run consecutively. Increases the minimum civil penalty to $1,100 and not more than $2,750 on a driver who violates or fails to comply with an out-of-service order. Increases the civil penalty to a minimum of $2,750 and not more than $11,000 on a motor carrier who violates an out-of-service order or who requires or permits a driver to violate or fail to comply with such an order. Imposes a civil penalty of not more than $10,000 on a motor carrier who knowingly requires or allows a driver to violate any federal, state or local railroad crossing law, ordinance or regulation. The motor carrier is also subject to disqualification.
Statutes Affected: 28-3001; 28-3103; 28-3153; 28-3222; 28-3312; 28-5241; 28-5243; 28-5474;
28-6547
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CHAPTER 271
SB 1275
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IGNITION INTERLOCK INSTALLERS; MANUFACTURERS; CERTIFICATION
Sen. Gray, L.
The results of a breath test administered are admissible as evidence in any trial, action, or proceeding in a boating DUI case if:
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the breath testing device was approved by DPS as
well as DHS
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the operator who conducted the test possessed a
valid permit issued by DHS or DPS
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an operational check list was followed
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the device was in proper operating condition
DPS may establish rules for preliminary breath testing devices.
In DUI and OUI cases calibration checks bracketing each person’s duplicate breath test are included in the description of ‘records of periodic maintenance’ that show a device was
in proper operating condition. The admissibility of the results of a breath test will not be affected by any inability to obtain manufacturer’s instrument schematics and software details for a quantitative breath testing device.
Changes made to the definition of ‘installer’ and ‘manufacturer’ in the ignition interlock provisions.
Emergency clause: effective date of May 11, 2006
Statute Affected: 5-395.02; 5-395.04; 28-1301; 28-1304; 28-1323; 28-1465; 28-1466; 28-1467
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CHAPTER 276
HB 2389
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SIGNS; COVERING; SCHOOL BUS
Rep. Pierce, Rep. Jones
Adds a violation of §28-857, “Overtaking and passing a school bus” to the provisions of §28-672, “Accidents and moving violations; serious physical injury; death.” However, it is an open question as to whether a violation of §28-672, based upon the predicate offense of §28-857 is a civil or
criminal violation, whereas all other violations of §28-672 are reclassified as a Class 3 misdemeanor (Chapter 297). Chapter 276 can not be blended with Chapter 297.
Reclassifies §28-857, “Overtaking and passing a school bus” from a Class 3 misdemeanor to a civil traffic violation and sets forth the following penalties:
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$250 for a first violation
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$750 for a second violation within 36 months and
suspension of the person’s driver license for up to 6
months.
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$1,000 for a third or subsequent violation within 36
months and suspension of the person’s driver license
for a minimum of 6 months but not more than one year
Limits the ability to cover markings indicating that the vehicle is a school bus under certain conditions as enumerated in statute.
Statutes Affected: 28-672; 28-857; 28-930
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CHAPTER 286
HB 2615
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SCHOOL CROSSINGS; TRAFFIC VIOLATIONS; ASSESSMENT
Rep. Nelson
An individual found responsible for a violation of §28-797 is subject to a civil penalty as well as an additional assessment equal to the amount of the civil penalty. The additional assessment is not subject to any surcharges but the court must collect both monies simultaneously, must treat any failure to pay the additional assessment as failure to pay the civil penalty and may take action against the person’s driver license, permit or privilege to drive. Justice and superior courts are required to transmit monies collected from the additional assessment to the county treasurer while municipal courts must transmit monies to the city treasurer for deposit into a fund established to pay the cost of enforcing the school crossing statute.
Statute Affected: 28-797
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CHAPTER 296
SB 1242
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TRAFFIC TICKET ENFORCEMENT ASSISTANCE PROGRAM
Sen. Huppenthal
Permits the court to request MVD to withhold the renewal on all registered owner’s registration of a vehicle if at least one owner has failed to pay any outstanding fees, court costs, assessments and penalty enhancements, in addition to any fines, penalties and surcharges covered by current law. Two attempts at notification must be given by first-class mail to all persons listed on the title that the court is sending notice to MVD to hold renewal of the person’s vehicle. Removes the $200 threshold in order to trigger TTEAP.
A co-owner of the vehicle subject to TTEAP, who did
not receive any of the citations that resulted in the request to hold the registration, may file a sworn petition in any court where the citation(s) was issued to waive the request to MVD requiring the withholding of a registration renewal. If the person does not live in the jurisdiction of the court in which the citation(s) was filed, the person can appear telephonically if oral argument is required.
Statutes Affected: 28-1630; 28-1631; 28-1632; 28-1633; 28-1635; 28-1636
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CHAPTER 312
SB 1274
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IGNITION INTERLOCK DEVICES
Sen. Gray, L.
Expands Aggravated DUI to include a person who is subject to an ignition interlock device requirement and does one of the following:
Makes technical corrections to the Aggravated DUI statue.
Statutes Affected: 28-1383; 28-1385; 28-1387; 28-1402; 28-3319
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CHAPTER 395
SB 1560
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DUI PENALTIES
Sen. Waring
Increases the period in which a prior DUI conviction was committed in order to be allegeable as a prior conviction from 60 to 84 months. Individuals refusing to submit to and complete tests under implied consent law more than once in an 84 month period (increased from 60 months) will have
driving privileges suspended or denied for two years. Increases the period in which a prior DUI conviction was committed in order to preclude an admin per se restricted license from 60 to 84 months. MVD is required to revoke a driver license upon a second conviction within 84 months of
DUI, reckless driving or racing on the highway or any combination. Any person convicted of a second offense DUI or Extreme DUI must be ordered by the court to complete 30 hours of community restitution.
Makes technical changes to the Aggravated DUI statute.
Statutes Affected: 28-673; 28-1321; 28-1381; 28-1382; 28-1383; 28-1385; 28-1387; 28-3304;
28-3319
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