WINNEBAGO TRIBAL CODE (2026)

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WINNEBAGO TRIBAL CODE

TITLE 6

CIVIL TRAFFIC CODE

(As amended August 27, 2003)86-31

SUMMARY OF CONTENTS

SECTION

ARTICLE-PAGE

1. TABLE OF REVISIONS

2. TABLE OF CONTENTS

iii

3. ARTICLE 1: GENERAL PROVISIONS

1-1

4. ARTICLE 2: PROCEDURES

2-1

5. ARTICLE 3: LICENSING, REGISTRATION AND VEHICLE

REQUIREMENTS

3-1

6. ARTICLE 4: MOVING TRAFFIC

4-1

7. ARTICLE 5: NON-MOVING TRAFFIC

5-1

8. ARTICLE 6: HIGHWAYS, ROADS AND BRIDGES

6-1

9. ARTICLE 7: VEHICLE AND TRAFFIC SAFETY

7-1

10. ARTICLE 8: MISCELLANEOUS

8-1

11. ARTICLE 9: SPECIAL PROVISIONS APPLICABLE TO BIA

ROUTE 17

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June 2025

WINNEBAGO TRIBAL CODE

TITLE 6

TABLE OF REVISIONS

The following table is included in this title to show the legislative history for each article and as a

guide for determining whether each article properly reflects the current version. This table will be updated

as each article is revised.

Pages in bound titles can be inserted and removed when sections are revised on an article-byarticle basis. This table should be placed before the Table of Contents in the title.

The “Article” column lists each article number and the “Section” column lists any corresponding

sections that have been revised, in sequence. The “Revised Date” column reflects the effective date of the

revision (e.g., “6/20/15”). The “Resolution No.” column identifies the resolution approving the revision

that was adopted by the Winnebago Tribal Council. If an article is not listed in the table, it has not been

revised since the initial adoption of this title of the Tribal Code.

Article

Section

Resolution No.

Revised Date

N/A

Adopting Title

86-31

1/8/86

N/A

Entire Title Adopted

86-79

89-87

90-24

95-06

95-28

03-172

06-48

18-118

21-134

23-157

24-168

5/29/86

5/12/87

12/11/89

10/24/94

11/22/94

8/27/03

3/17/06

7/10/18

8/18/21

6/21/23

7/15/24

419

432-433

756-765

436-439

Entire Article Adopted

758-756, 762-763

444-447

426

Entire Article Adopted

816,817, 834

702, 703

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6

CIVIL TRAFFIC CODE

(As amended August 27, 2003)

ARTICLE 1

GENERAL PROVISIONS

6-101 Purpose.

6-102 Construction of Rules.

6-103 References to the law of the State of

Nebraska incorporated.

6-104 Inappropriate references to be given a

common sense meaning.

6-105 Severability.

6-106 Violations; civil violation.

6-107 Peace officers; duty to enforce rules and

laws; powers.

6-108 Civil penalties.

TITLE 6

ARTICLE 2

PROCEDURES

6-201 Enforcement; citation; complaint; contents;

procedure.

6-202 Civil penalty and costs; failure to pay;

judgment; installments.

6-203 Person charged with traffic infraction;

citation; conditions; penalty.

TITLE 6

ARTICLE 3

LICENSING, REGISTRATION AND VEHICLE REQUIREMENTS

6-301 Motor vehicle registration.

6-302 Operation of unregistered motor vehicle;

penalty.

6-303 Motor vehicle title.

6-304 Violation of motor vehicle title

requirements; penalty.

6-305 Operator’s license.

6-306 Violation of operator’s license

requirements; penalty.

iii

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6

ARTICLE 4

MOVING TRAFFIC

6-401 Obedience to traffic control devices;

exceptions.

6-402 Traffic control signals; meaning; turns on

red signal; when.

6-403 Pedestrian-control signals.

6-404 Flashing signals; exception.

6-405 Driving on right half of roadway required;

exceptions.

6-406 Vehicles proceeding in opposite direction;

passing.

6-407 Overtaking and passing rules; vehicles

proceeding in same direction.

6-408 Overtaking and passing upon the

right; when permitted.

6-409 Limitations on overtaking and passing on the

left; precautions required; return to right side

of highway.

6-410 Limitations on overtaking, passing, or

driving to the left of the center of roadway;

when prohibited.

6-411 No-passing zones; exception.

6-412 One-way roadways and rotary traffic islands;

jurisdiction; exception for emergency

vehicles.

6-413 Driving on roadways laned for traffic; rules;

traffic control devices.

6-414 Following vehicles; restrictions.

6-415 Driving on divided highways; driving

on median prohibited; exceptions.

6-416 Driving on highway shoulders prohibited;

exceptions.

6-417 Controlled-access highway; entrances;

exits.

6-418 Vehicles approaching or entering

intersection at same time; right-of-way;

entering a highway or roadway.

6-419 Vehicle turning left; yield right-of-way.

6-420 Preferential right-of-way; stop and

yield signs.

6-421 Vehicle entering roadway from private road

or driveway; yield right-of-way.

6-422 Moving a stopped, standing, or parked

vehicle; yield right-of-way.

6-423 Operation of vehicles upon the approach of

emergency vehicles.

6-424 Driving upon sidewalk; prohibited;

exception.

6-425 Basic rule; speed.

6-426 Speed; maximum limits; signs.

6-427 Special speed limitations; motor vehicle

towing a mobile home; school buses; motordriven cycle.

6-428 Speed determination; use of speed

measurement devices; requirements;

apprehension of driver; when.

6-429 Minimum speed regulation; impeding traffic.

6-430 Charging violations of speed regulation;

summons; burden of proof; elements of

offense.

6-431 Racing on highways; violation; penalty.

6-432 Driving under influence of alcoholic liquor

or drug; penalties.

6-433 Driving under influence of alcoholic liquor

or drugs; implied consent to submit to

chemical test; when test administered;

refusal; penalty.

6-434 Driving under influence of alcoholic liquor

or drugs; test; additional rest; refusal to

permit; effect; results of test; available upon

request.

6-435 Driving under influence of alcoholic liquor

or drugs; chemical test; consent of person

incapable of refusal not withdrawn.

6-436 Driving under influence of alcoholic liquor

or drugs; chemical test; violation of statute

or ordinance; results; competent evidence.

6-437 Blood sample; results of chemical test;

admissible in civil proceeding; disclosure

required.

6-438 Person under twenty-one years of age;

prohibited acts; enforcement.

6-439 Implied consent to submit to chemical test;

when test administered; refusal; penalty.

6-440 Careless driving, defined; penalty.

6-441 Reckless driving, defined; penalty.

6-442 Willful reckless driving, defined.

6-443 Willful reckless driving; penalty.

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6

ARTICLE 5

NON-MOVING TRAFFIC

6-501 Pedestrian obedience to traffic control

devices and regulations.

6-502 Pedestrians’ right-of-way in crosswalk;

traffic control devices.

6-503 Crossing at other than crosswalks; yield

right-of-way.

6-504 Pedestrians on highways and roadways;

sidewalks and shoulders.

6-505 Pedestrians soliciting rides or business;

prohibited acts.

6-506 Stopping, parking, or standing upon

a roadway or bridge; limitations.

6-507 Persons authorized to remove vehicles; cost

of removal; lien.

6-508 Stopping, standing, or parking prohibited;

exceptions.

6-509 Parking regulations; signs; control by local

authority.

6-510 Unattended motor vehicles; conditions.

6-511 Overloading front seat or obstructing driver;

prohibited.

6-512 Opening and closing vehicle doors;

restriction.

6-513 Traveling on a downgrade; gears; position.

6-514 Following fire apparatus in response to an

alarm; prohibited.

6-515 Restrictions on driving over unprotected fire

hose.

TITLE 6

ARTICLE 6

HIGHWAYS, ROADS AND BRIDGES

6-601 Removal of traffic hazards; determined by

local authority; violation; penalty.

6-602 Depositing materials on roads or ditches;

penalties.

6-603 Rubbish on highways or roads; prohibited;

signs; enforcement; violation; penalties.

6-604 Camping; permitted; where; violation;

penalty.

6-605 Hunting, trapping, or molesting predatory

animal on or from roadway; prohibited,

exception; violation; penalty.

6-606 Advertising signs, displays, or devices;

permitted signs enumerated.

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 7

TITLE 6

ARTICLE 7

VEHICLE AND TRAFFIC SAFETY

6-701 Peace officers; investigation of traffic

accident; duty to report; Department of

Roads; powers; duties.

6-702 Accidents; reports required of operators and

owners; when; supplemental reports; reports

of peace officers open to public inspection;

limitation on use as evidence; violation;

penalty.

6-703 Accidents; reports required of garages and

repair shops.

6-704 Accidents; coroner; report to Nebraska

Department of Roads.

6-705 Accident; death; driver; pedestrian sixteen

years or older; coroner; examine body;

amount of alcohol or drugs; report to

Department of Roads; public information.

6-706 Accident; driver or pedestrian sixteen years

of age or older; person killed; submit to

chemical test; results in writing to DirectorState Engineer; public information.

6-707 Accidents; body fluid; samples; test;

report.

6-708 Roadway; removal of dead or injured

persons; peace officer.

6-709 Roadways, travel on; regulation by local

authorities; when authorized; signs.

6-710 Display of unauthorized signs, signals, or

markings; public nuisance; removal.

6-711 Advertising devices adjacent to highway;

when prohibited; public nuisance; removal.

6-712 Required obedience to traffic laws; private

property used for public road by consent of

owner; provisions uniform throughout the

Reservation.

6-713 Drivers to exercise due care with

pedestrian; audible signal.

6-714 Obedience to peace officers; violation;

penalty.

6-715 Failing to observe a blind person; penalty.

6-716 Persons riding animals or driving animal

drawn vehicles; farm implements; duties.

6-717 Interference with official traffic control

devices or railroad signs or signals;

6-718 Signs, markers, devices, or notices;

prohibited acts; penalty.

6-719 Motor vehicle; motorcycle; lights;

requirements; prohibited acts.

6-720 Lights; vehicle being driven.

6-721 Headlights; construction; adjustment;

requirements.

6-722 Violations; penalty.

6-723 Acetylene headlights; number;

construction; requirements.

6-724 Headlights; glare; duty of operator;

penalty.

6-725 Spotlights; auxiliary driving lights; signal

lights; other devices; intensity and

direction.

6-726 Parking lights; unlawful use.

6-727 Vehicle proceeding in forward motion;

backup lights on; prohibited; violation;

penalty.

6-728 Lights, red or green, in front of vehicle

prohibited; exceptions.

6-729 Lights; rotating or flashing; colored lights;

when permitted.

6-730 Flashing or rotating lights; emergency

vehicles; colors permitted.

6-731 Rotating or flashing amber light; when

permitted.

6-732 Rotating or flashing red light or red and

blue lights; when permitted;

application; permit; expiration.

6-733 Rotating or flashing lights; violation;

penalty.

6-734 Clearance lights; requirements;

substitution; violations; penalty.

6-735 Vehicles required to have clearance lights;

flares; reflectors; when required as

equipment.

6-736 Vehicles required to have clearance lights;

flares; reflectors; how and when displayed.

6-737 Vehicles; red flags; red emergency

reflectors; when required as equipment;

how and when displayed.

6-738 Clearance lights, flares, and reflector

requirements; violations; penalty.

6-739 Removing flares or flags; penalty.

6-740 Vehicles; slow moving; emblem required;

when used.

6-741 Vehicles; slow moving; emblem; how

equipped; penalty.

6-742 Load projecting to rear; red flag or red

light required.

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 7

TITLE 6

ARTICLE 7

VEHICLE AND TRAFFIC SAFETY

6-743 Motor vehicles; brakes; requirements.

6-744 Trailers; brake requirements; safety chains;

when required.

6-745 Trucks and buses; brake requirements;

violation; penalty.

6-746 Hydraulic brake fluids; requirements;

violation; penalty.

6-747 Tires; requirements; cleats or projections

prohibited; exceptions; permissive uses;

special permits; exceptions.

6-748 Trucks; rearview mirror.

6-749 Operator; view to rear required; outside

mirrors authorized.

6-750 Windshield and windows; nontransparent

material prohibited; windshield equipment;

requirements.

6-751 Safety glass, defined.

6-752 Safety glass; requirements; vehicles built

after January 1, 1935; motorcycle

windshield; requirements; violation;

penalty.

6-753 Violation by common carrier; permit

revoked or suspended.

6-754 Occupant protection systems.

6-755 Occupant protection system; 1973 year

model and later motor vehicles;

requirements; violation; penalty.

6-756 Child passenger; use restraint system or

occupant protection system; when;

information and education program.

6-757 Child passenger restraint requirements;

violations; penalty; defense.

6-758 Violation of child passenger restraint

requirements; how construed.

6-759 Occupant protection system; use required;

when; exceptions.

6-760 Enforcement of occupant protection system

requirements; when.

6-761 Occupant protection system; violation;

penalty.

6-762 Occupant protection system violation;

evidence; when admissible.

6-763 Limitations on backing vehicles.

6-764 Obedience to signal indicating approach of

train; prohibited acts.

6-765 Buses and school buses required to stop at all

railroad grade crossings; exceptions.

6-766 Grade crossings; certain carriers; required to

stop; exceptions.

6-767 School bus; safety requirements; use of stop

signal arm; use of warning signal lights;

violations; penalty.

6-768 Splash aprons; requirements; violation;

penalty.

6-769 Towing; drawbars or other connections;

length; red flag required, when.

6-770 Horn; requirements; prohibited acts.

6-771 Muffler or noise-suppressing system;

prevention of fumes and smoke;

requirements.

6-772 Television set; equipping motor vehicle with

screen visible to driver; penalty.

vii

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WINNEBAGO TRIBAL CODE

TITLE 6

ARTICLE 8

MISCELLANEOUS

6-801 Motor vehicle owner or operator; liability to

guest passenger; limitation.

6-802 Leased trucks, truck-tractors, and trailers;

liability of owner for damages.

6-803 Operating a motor vehicle or a vessel to

avoid arrest; penalty.

6-804 Winnebago Traffic Code; applicability to

persons operating motorcycles.

6-805 Restrictions on operating motorcycles.

6-806 Operating motorcycles on roadways laned

for traffic; prohibited acts.

6-807 Moped; operation; license or permit;

required.

6-808 Moped; operator; Winnebago Traffic Code;

applicable.

6-809 Moped; restrictions on operation.

6-810 Operating mopeds on roadways laned for

traffic; prohibited acts.

6-811 Winnebago Traffic Code; applicability to

persons operating bicycles.

6-812 Riding of bicycles; prohibited acts.

6-813 Bicycles on roadways and bicycle paths;

general rules; regulation by local authority.

6-814 Equipment on bicycles; lights; brakes.

6-815 Bicycles; reflective device or material; retail

sale; requirements; violation; penalty.

6-816 All-terrain vehicle, defined; Utility-type

vehicle, defined.

6-817 All-terrain or utility type vehicle; operation.

6-818 All-terrain vehicle; lights required; when.

6-819 All-terrain vehicle; equipment required.

6-820 Modification of all-terrain or utility-type

vehicle; prohibited.

6-821 All-terrain vehicle; competitive events;

exemptions.

6-822 All-terrain vehicle; accident; report required.

6-823 Snowmobiles; registration required.

6-824 Snowmobile

operation;

equipment;

permission of landowner.

6-825 Snowmobile contests; requirements.

6-826 Snowmobiles; prohibited acts.

6-827 Snowmobile; operation; muffler, when

required.

6-828 Operation by person under twelve years of

age; operation by a person under sixteen;

restrictions; snowmobile safety certificate.

6-829 Snowmobile owner; prohibited acts.

6-830 Snowmobiles; carrying firearms; hunting;

unlawful.

6-831 Snowmobile; confiscation; sale; proceeds;

disposition.

6-832 Snowmobile

operation;

accident;

requirements.

6-833 Legislative intent.

6-834 Minibikes; definition; operation; violations;

penalty; unlawful acts.

6-835 Radar transmission device; definitions.

6-836 Radar transmission device; operation;

possession; unlawful; violation; penalty.

6-837 Authorized devices.

6-838 Prohibited device; seizure; disposal.

6-839 Abandoned motor vehicle, defined.

6-840 Abandoned motor vehicle; title; vest in local

authority; when.

TITLE 6

ARTICLE 9

SPECIAL PROVISIONS APPLICABLE TO BIA ROUTE 17

6-901 Applicability.

6-902 Gross vehicle weight limits established;

violation; fines.

6-903 Failure to stop; violation; penalties.

6-904 Special Permit for Overweight Vehicles for

BIA Route 17; violation; fine.

6-905 Speed; violation; fine.

viii

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 1

TITLE 6

ARTICLE 1

GENERAL PROVISIONS

6-101 Purpose.

6-102 Construction of Rules.

6-103 References to the law of the State of

Nebraska incorporated.

6-104 Inappropriate references to be given a

common sense meaning.

6-105 Severability.

6-106 Violations; civil violation.

6-107 Peace officers; duty to enforce rules and

laws; powers.

6-108 Civil penalties.

Section 6-101 Purpose. To ensure the safety of persons and property within the Winnebago

Reservation, the Winnebago Tribe has adopted the following civil traffic regulation and control laws.

Furthermore, the Winnebago Tribe of Nebraska seeks:

To make more uniform traffic laws between state and Tribal jurisdictions;

To educate drivers so that they can develop instinctive habits resulting in safer emergency

reactions;

To educate drivers and pedestrians of all ages to more readily understand each other’s

responsibilities and privileges when all obey the same rules;

To promote economic savings by relieving congestion and confusion in traffic;

To increase the efficiency of streets and highways by the application of uniform traffic control

devices;

To reduce the huge annual loss of life and property which occurs on highways; and

To assist traffic law enforcement by encouraging voluntary compliance with law through uniform

rules.

These laws are enacted in addition to, and not in lieu of, the Winnebago Criminal Code Title 3, Article

15, Alcohol-related Offenses. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-602]

Section 6-102 Construction of Rules. The provisions of the Winnebago Tribe of Nebraska Traffic

Code shall be so interpreted and construed as to effectuate their general purpose to make uniform the laws

relating to motor vehicles. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-604]

Section 6-103 References to the law of the State of Nebraska incorporated. Any references in this

Title to the law of the State of Nebraska are hereby incorporated by reference to include the law of the

Winnebago Tribe. [TCR 86-79, 03-172]

Section 6-104 Inappropriate references to be given a common sense meaning. Any references to

jurisdiction, courts, agencies, offices, or other factors or issues which may not appropriately apply to the

jurisdictional limitations of the Winnebago Tribe of Nebraska shall, wherever possible, be read in an

analogous context appropriate to the jurisdiction and governmental structure and status of the Winnebago

Tribe and be given a common sense meaning and interpretation consistent with that context. [TCR 86-79,

03-172]

Section 6-105 Severability. If any provision of this Code or the application of any provision of this

Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected

thereby. [TCR 86-97, 89-87, 03-172]

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June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 1

Section 6-106 Violations; civil violation. Unless otherwise declared in the Winnebago Tribal Code

with respect to particular offenses, a violation of any provision herein shall constitute a civil violation.

[TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-682]

Section 6-107 Peace officers; duty to enforce rules and laws; powers. All peace officers are hereby

specifically directed and authorized and it shall be deemed and considered a part of the official duties of

each of such officers to enforce the provisions of the Winnebago Tribe of Nebraska Civil Traffic Code,

including the specific enforcement of maximum speed limits, and any other law regulating the operation

of vehicles or the use of the highways. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-683]

Section 6-108 Civil penalties.

The civil penalty for violations of this Title shall be as follows:

Level I

Level II

Level III

Level IV

Level V

Level VI

$25

$50

$100

$150

$200

$500

The penalties listed may be imposed in addition to any assessment of costs. [TCR 03-172]

1-2

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 2

TITLE 6

ARTICLE 2

PROCEDURES

6-201 Enforcement; citation; complaint; contents;

procedure.

6-202 Civil penalty and costs; failure to pay;

judgment; installments.

6-203 Person charged with traffic infraction;

citation; conditions; penalty.

Section 6-201 Enforcement; citation; complaint; contents; procedure.

Court proceedings to enforce civil penalties herein are to be initiated by the issuance of a citation

by a police officer or Tribal conservation officer or by the filing of a civil complaint by the Tribal

prosecutor.

All required information shall be entered on the citation or complaint including the name and

address of the cited person, the offense violated, the civil penalty due, and the date the penalty is

to be paid.

One copy of the citation shall be delivered to the person cited, and a duplicate thereof shall be

signed by such person. Such person thereupon shall be released from custody.

By accepting and signing a civil citation, the violator voluntarily consents to the civil jurisdiction

of the Winnebago Tribe of Nebraska and agrees to pay the civil penalty as indicated on the

citation by the specified date.

As soon as practicable, the copy signed by the person cited shall be delivered to the prosecuting

attorney. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 29-424]

Section 6-202 Civil penalty and costs; failure to pay; judgment; installments.

The failure to pay a civil penalty by the specified date shall result in an automatic civil judgment

against the violator.

A judgment entered against an individual for failure to pay a civil penalty shall be twice the

amount of the penalty.

Notwithstanding the provisions of subsection (1) of this Section, when any violator demonstrates

to the Court that he/she is unable to pay such penalty or costs in one lump sum, the Court shall

make arrangements suitable to the Court or magistrate and to the violator by which the violator

may pay in installments. The Court or magistrate shall enter an order specifying the terms of

such arrangements and the dates on which payments are to be made. [TCR 86-31, 86-79, 03-172,

Same as Neb Rev. Stat 29-2206]

Section 6-203 Person charged with traffic infraction; citation; conditions; penalty. Whenever any

person shall be found to have violated the Winnebago Traffic Code, such person shall be issued a citation

pursuant to the provisions of Section 6-201. Any person under the jurisdiction of the Winnebago Tribe of

Nebraska who refuses to sign the citation shall be guilty of a Level I violation. [TCR 86-31, 86-79,

89-87, 03-172, Same as Neb Rev. Stat. 60-684] NOTE: TCR 89-87 changes class of offense.

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June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 3

TITLE 6

ARTICLE 3

LICENSING, REGISTRATION AND VEHICLE REQUIREMENTS

6-301 Motor vehicle registration.

6-302 Operation of unregistered motor vehicle;

penalty.

6-303 Motor vehicle title.

6-304 Violation of motor vehicle title

requirements; penalty.

6-305 Operator’s license.

6-306 Violation of operator’s license

requirements; penalty.

Section 6-301 Motor vehicle registration.

All motor vehicles owned or operated within the Winnebago Reservation shall register with the

State of Nebraska in accordance with Nebraska law, Neb Rev. Stat. 60-102, et seq.

All provisions of the Nebraska Revised Statutes related to motor vehicle registration, including

without limitation Neb Rev. Stat. Chapter 60, article 3 are hereby incorporated by reference as if

fully set forth herein. [TCR 03-172]

Section 6-302 Operation of unregistered motor vehicle; penalty. Any person who operates a motor

vehicle, semi-trailer, or cabin trailer on any roadway or highway, which vehicle has not been registered as

required by the State of Nebraska shall be subject to a Level II civil penalty. [TCR 86-31, 86-79, 89-87,

03-172, Same as Neb Rev. Stat. 60-302.03] NOTE: TCR 89-87 changes class of offense.

Section 6-303 Motor vehicle title.

Title to motor vehicles owned or operated within the Winnebago Reservation shall be maintained

and transferred by the State of Nebraska in accordance with the provisions of the Nebraska

Revised Statutes.

All provisions of the Nebraska Revised Statutes related to title to motor vehicles, including Neb

Rev. Stat. 60-116 through 60-117, are hereby incorporated by reference as if fully set forth

herein. [TCR 03-172]

Section 6-304 Violation of motor vehicle title requirements; penalty. Any person who violates

vehicle title requirements as set forth by the laws of the State of Nebraska, specifically Neb Rev. Stat. 60116 and 60-117, shall be subject to a Level II civil penalty. [TCR 03-172]

Section 6-305 Operator’s license.

No person may operate a motor vehicle within the Winnebago Reservation unless such person

shall have a license for the operation of such motor vehicle issued by the State of Nebraska in

accordance with the provisions of the Nebraska Revised Statutes, Neb Rev. Stat. 60-102, et seq.

All provisions of the Nebraska Revised Statutes related to operator’s licenses under Chapter 60,

article 4, are hereby incorporated by reference as if fully set forth herein. [TCR 03-172]

Section 6-306 Violation of operator’s license requirements; penalty. Any person who violates the

operator’s license requirements as set forth by the laws of the State of Nebraska shall be subject to a

Level II civil penalty. [TCR 03-172]

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June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 4

TITLE 6

ARTICLE 4

MOVING TRAFFIC

6-401 Obedience to traffic control devices;

exceptions.

6-402 Traffic control signals; meaning; turns on

red signal; when.

6-403 Pedestrian-control signals.

6-404 Flashing signals; exception.

6-405 Driving on right half of roadway required;

exceptions.

6-406 Vehicles proceeding in opposite direction;

passing.

6-407 Overtaking and passing rules; vehicles

proceeding in same direction.

6-408 Overtaking and passing upon the

right; when permitted.

6-409 Limitations on overtaking and passing on the

left; precautions required; return to right side

of highway.

6-410 Limitations on overtaking, passing, or

driving to the left of the center of roadway;

when prohibited.

6-411 No-passing zones; exception.

6-412 One-way roadways and rotary traffic islands;

jurisdiction; exception for emergency

vehicles.

6-413 Driving on roadways laned for traffic; rules;

traffic control devices.

6-414 Following vehicles; restrictions.

6-415 Driving on divided highways; driving

on median prohibited; exceptions.

6-416 Driving on highway shoulders prohibited;

exceptions.

6-417 Controlled-access highway; entrances;

exits.

6-418 Vehicles approaching or entering

intersection at same time; right-of-way;

entering a highway or roadway.

6-419 Vehicle turning left; yield right-of-way.

6-420 Preferential right-of-way; stop and

yield signs.

6-421 Vehicle entering roadway from private road

or driveway; yield right-of-way.

6-422 Moving a stopped, standing, or parked

vehicle; yield right-of-way.

6-423 Operation of vehicles upon the approach of

emergency vehicles.

6-424 Driving upon sidewalk; prohibited;

exception.

4-1

6-425 Basic rule; speed.

6-426 Speed; maximum limits; signs.

6-427 Special speed limitations; motor vehicle

towing a mobile home; school buses; motordriven cycle.

6-428 Speed determination; use of speed

measurement devices; requirements;

apprehension of driver; when.

6-429 Minimum speed regulation; impeding traffic.

6-430 Charging violations of speed regulation;

summons; burden of proof; elements of

offense.

6-431 Racing on highways; violation; penalty.

6-432 Driving under influence of alcoholic liquor

or drug; penalties.

6-433 Driving under influence of alcoholic liquor

or drugs; implied consent to submit to

chemical test; when test administered;

refusal; penalty.

6-434 Driving under influence of alcoholic liquor

or drugs; test; additional rest; refusal to

permit; effect; results of test; available upon

request.

6-435 Driving under influence of alcoholic liquor

or drugs; chemical test; consent of person

incapable of refusal not withdrawn.

6-436 Driving under influence of alcoholic liquor

or drugs; chemical test; violation of statute

or ordinance; results; competent evidence.

6-437 Blood sample; results of chemical test;

admissible in civil proceeding; disclosure

required.

6-438 Person under twenty-one years of age;

prohibited acts; enforcement.

6-439 Implied consent to submit to chemical test;

when test administered; refusal; penalty.

6-440 Careless driving, defined; penalty.

6-441 Reckless driving, defined; penalty.

6-442 Willful reckless driving, defined.

6-443 Willful reckless driving; penalty.

6-444 Winnebago brake and turn signal law.

6-445 Turn signals and signals given by hand and

arm.

6-446 Hand and arm signals; how given.

6-447 Brake and turn signal requirements.

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Section 6-401 Obedience to traffic control devices; exceptions.

The driver of any vehicle shall obey the instructions of any traffic control device applicable

thereto placed in accordance with the Winnebago Tribe of Nebraska Traffic Code, unless

otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized

emergency vehicle in the Rules.

No provision of the Rules for which traffic control devices are required shall be enforced against

an alleged violator if at the time and place of the alleged violation an official device is not in

proper position and sufficiently legible to be seen by a reasonably observant person. Whenever

any provision of the Rules does not state that traffic control devices are required, such provision

shall be effective even though no devices are erected or in place.

Whenever traffic control devices are placed in position approximately conforming to the

requirements of the Rules, such devices shall be presumed to have been so placed by the official

act or direction of lawful authority unless the contrary is established by competent evidence.

Any traffic control device placed pursuant to the Rules and purporting to conform with the lawful

requirements pertaining to such devices shall be presumed to comply with the requirements of the

Rules unless the contrary is established by competent evidence.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,119]

Section 6-402 Traffic control signals; meaning; turns on red signal; when. Whenever traffic is

controlled by traffic control signals exhibiting different colored lights or colored lighted arrows,

successively one at a time or in combination, only the colors green, red, and yellow shall be used, except

for special pedestrian signals carrying a word legend or symbol, and such lights shall indicate and apply

to drivers of vehicles and pedestrians as follows:

Vehicular traffic facing a circular green indication may proceed straight through or turn

right or left unless a sign at such place prohibits either such turn, but vehicular traffic,

including vehicles turning right or left, shall yield the right-of-way to other vehicles and

to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such

indication is exhibited;

Vehicular traffic facing a green arrow indication, shown alone or in combination with

another indication, may cautiously enter the intersection only to make the movement

indicated by such arrow or such other movement as is permitted by other indications

shown at the same time, and such vehicular traffic shall yield the right-of-way to

pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the

intersection; and

Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green

indication, except when the sole green indication is a turn arrow, may proceed across the

roadway within any marked or unmarked crosswalk.

Vehicular traffic facing a steady yellow indication is thereby warned that the related

green movement is being terminated or that a red indication will be exhibited

immediately thereafter when vehicular traffic shall not enter the intersection, and upon

display of a steady yellow indication, vehicular traffic shall stop before entering the

nearest crosswalk at the intersection, but if such stop cannot be made in safety, a vehicle

may be driven cautiously through the intersection; and

Pedestrians facing a steady yellow indication, unless otherwise directed by a pedestriancontrol signal, are thereby advised that there is insufficient time to cross the roadway

before a red indication is shown and no pedestrian shall then start to cross the roadway.

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Vehicular traffic facing a steady red indication alone shall stop at a clearly marked stop

line or shall stop, if there is no such line, before entering the crosswalk on the near side of

the intersection or, if there is no crosswalk, before entering the intersection. The traffic

shall remain standing until an indication to proceed is shown except as provided in

subdivisions (3)(b) and (3)(c) of this Section;

Except where a traffic control device is in place prohibiting a turn, vehicular traffic

facing a steady red indication may cautiously enter the intersection to make a right turn

after stopping as required by subdivision (3)(a) of this Section. Such vehicular traffic

shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to

other traffic lawfully using the intersection;

Except where a traffic control device is in place prohibiting a turn, vehicular traffic

facing a steady red indication at the intersection of two one-way streets may cautiously

enter the intersection to make a left turn after stopping as required by subdivision (3)(a)

of this Section. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully

within an adjacent crosswalk and to other traffic lawfully using the intersection; and

Unless otherwise directed by a pedestrian-control signal, pedestrians facing a steady red

indication alone shall not enter the roadway.

If a traffic control signal is erected and maintained at a place other than an intersection, the

provisions of this Section shall be applicable except as to those provisions which by their nature

can have no application. Any stop required shall be made at a sign or marking on the pavement

indicating where the stop shall be made, but in the absence of any such sign or marking, the stop

shall be made at the signal.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,123]

Section 6-403 Pedestrian-control signals. Whenever pedestrian-control signals exhibiting the words

WALK or DON’T WALK or exhibiting the symbol of a walking person or an upraised hand are in place,

such signals shall indicate as follows:

Pedestrians facing a steady WALK indication or a symbol of a walking person may proceed

across the roadway in the direction of such signal and shall be given the right-of-way by the

drivers of all vehicles; and

No pedestrian shall start to cross the roadway in the direction of a DON’T WALK indication or a

symbol of an upraised hand, but any pedestrian who has partially completed his or her crossing

on the WALK or walking person indication shall immediately proceed to a sidewalk or safety

island while the flashing DON’T WALK or flashing upraised hand indication is showing.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,124]

Section 6-404 Flashing signals; exception. Whenever an illuminated flashing red or yellow light is

used in a traffic signal or with a traffic sign, it shall require obedience by vehicular traffic as follows:

When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a

clearly marked stop line or shall stop, if there is no such line, before entering the crosswalk on the

nearside of the intersection or, if there is no crosswalk, at the point nearest the intersecting

roadway where the driver has a view of approaching traffic on the intersecting roadway before

entering the intersection. The right to proceed shall be subject to the rules applicable after

making a stop at a stop sign; and

When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed

through the intersection or past such light only with caution.

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This Section shall not apply at railroad grade crossings. Conduct of drivers of vehicles

approaching railroad grade crossings shall be governed by the rules set forth in the Winnebago

Tribal Code pertaining to such railroad grade crossings.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,125]

Section 6-405 Driving on right half of roadway required; exceptions.

Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the

roadway except as follows:

When overtaking and passing another vehicle proceeding in the same direction under the

rules governing such movement;

When an obstruction exists making it necessary to drive to the left of the center of the

highway, except that any person so doing shall yield the right-of-way to all vehicles

traveling in the proper direction upon the unobstructed portion of the highway within

such distance as to constitute an immediate hazard;

Upon a roadway divided into three marked lanes for traffic under the rules applicable

thereon; or

Upon a roadway restricted to one-way traffic.

Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and

place and under the conditions then existing shall be driven in the right-hand lane then available

for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when

overtaking and passing another vehicle proceeding in the same direction or when preparing for a

left turn at an intersection or into a private road or driveway.

Upon any roadway having four or more lanes for moving traffic and providing for two-way

movement of traffic, no vehicle shall be driven to the left of the center line of the roadway except

when authorized by official traffic control devices designating certain lanes to the left side of the

center of the roadway for use by traffic not otherwise permitted to use such lanes or except as

permitted under subdivision (1)(b) of this Section. This subsection shall not be construed to

prohibit the crossing of the center line in making a left turn into or from an alley, private road, or

driveway unless such movement is otherwise prohibited by signs.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,131]

Section 6-406 Vehicles proceeding in opposite direction; passing. Passing vehicles proceeding in

opposite directions shall each keep to the right side of the roadway, passing left to left, and upon

roadways having width for not more than one lane of traffic in each direction, each driver shall give to the

other, as nearly as possible, at least one-half of the main-traveled portion of the roadway. A violation of

this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat.

60-6,132]

Section 6-407 Overtaking and passing rules; vehicles proceeding in same direction. Except when

overtaking and passing on the right is permitted, the following rules shall govern the overtaking and

passing of vehicles proceeding in the same direction:

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall first

give a visible signal of his or her intention and shall pass to the left of the other vehicle at a safe

distance and shall not again drive to the right side of the roadway until safely clear of the

overtaken vehicle; and

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The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle

and shall not increase the speed of his/her vehicle until completely passed by the overtaking

vehicle.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,133]

Section 6-408 Overtaking and passing upon the right; when permitted.

The driver of a vehicle may overtake and pass on the right of another vehicle only under the

following conditions:

When the vehicle to be overtaken is making or about to make a left turn;

Upon a two-way street or highway with an unobstructed roadway, not occupied by

parked vehicles, of sufficient width for two or more lanes of moving vehicles going in the

same direction when the passing vehicle is traveling in one of such lanes; or

Upon a one-way street, or upon any roadway on which traffic is restricted to one

direction of movement, when the roadway is free from obstructions and of sufficient

width for two or more lanes of moving vehicles.

In no event shall the driver of a vehicle overtake and pass another vehicle upon the right unless

such movement may be made safely upon the roadway.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,134]

Section 6-409 Limitations on overtaking and passing on the left; precautions required; return to

right side of highway.

No vehicle shall overtake another vehicle proceeding in the same direction on an undivided twoway roadway when such overtaking requires the overtaking vehicle to be driven on the left side of

the center of the roadway unless the left side is clearly visible for a distance sufficient to

accomplish such overtaking and is free from oncoming traffic for a distance sufficient to:

Permit the overtaking vehicle to return to an authorized lane of traffic before coming

within two hundred feet of any approaching vehicle; and

Permit the overtaking vehicle to be safely clear of the overtaken vehicle while returning

to the authorized lane of travel as provided in the Winnebago Tribal Code.

After completing such overtaking, the overtaking vehicle shall return to the authorized lane of

travel as soon as practicable.

Any such overtaking shall be subject to the rules.

The provisions of this Section shall not permit the crossing of the center line of an undivided

highway providing for two or more lanes of traffic in each direction for the purpose of overtaking

and passing another vehicle.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,135]

Section 6-410 Limitations on overtaking, passing, or driving to the left of the center of roadway;

when prohibited.

No driver shall overtake and pass another vehicle or drive to the left of the center of the roadway

whenever:

He or she approaches the crest of a grade or is upon a curve in the highway where the

driver’s view is obstructed within such distance as to create a hazard in the event another

vehicle might approach from the opposite direction;

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He or she approaches within one hundred feet of or traverses any intersection or railroad

grade crossing;

The view is obstructed when he or she approaches within one hundred feet of any bridge,

viaduct, or tunnel; or

The section of roadway is designated as a no-passing zone under Section 6-411.

The limitations imposed by subsection (1) of this Section shall not apply (a) upon a one-way

roadway; (b) under the conditions described in subdivision (1)(b) of Section 6-405; or (c) to the

driver of a vehicle turning left into or from an alley, private road, or driveway unless otherwise

prohibited by signs.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,136]

Section 6-411 No-passing zones; exception.

The local authorities may determine those portions of any highway under their respective

jurisdictions where overtaking and passing or driving to the left of the center of the roadway

would be especially hazardous and may by appropriate signs or markings on the roadway indicate

the beginning and end of such zones. When such signs or markings are in place and clearly

visible to an ordinarily observant person, every driver of a vehicle shall obey such indications.

Where signs or markings are in place to define a no-passing zone, no driver shall at any time

drive on the left side of the roadway within such no-passing zone or on the left side of any

pavement striping designed to mark such no-passing zone throughout its length.

This Section shall not apply (a) under the conditions described in subdivision (1)(b) of Section 6405; or (b) to the driver of a vehicle turning left into or from an alley, private road, or driveway

unless otherwise prohibited by signs.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,137]

Section 6-412 One-way roadways and rotary traffic islands; jurisdiction; exception for emergency

vehicles.

The local authorities with respect to roadways or highways under their respective jurisdictions

may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular

traffic shall proceed in one direction at all times or at such times as shall be indicated by traffic

control devices.

Except for emergency vehicles, no vehicle shall be operated, backed, pushed, or otherwise caused

to move in a direction which is opposite to the direction designated by competent authority on

any deceleration lane, acceleration lane, access ramp, shoulder, or roadway.

A vehicle which passes around a rotary traffic island shall be driven only to the right of such

island.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,138]

Section 6-413 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:

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;

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

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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;

Traffic control devices may be erected by 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

Traffic control devices may be installed by local authorities to prohibit the changing of lanes on

sections of roadway and drivers of vehicles shall obey the directions of every such device.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,139]

Section 6-414 Following vehicles; restrictions.

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and

prudent, and such driver shall have due regard for the speed of such vehicles and the traffic upon

and the condition of the roadway.

The driver of any motor vehicle drawing a trailer, semi-trailer, or another vehicle, when traveling

upon a roadway outside of a business or residential district, who is following another vehicle

shall, subject to varying road conditions, leave sufficient space so that an overtaking vehicle may

enter and occupy such space without danger and shall not follow another motor vehicle drawing a

trailer, semi-trailer, or another vehicle more closely than one hundred feet. This subsection shall

not prevent a vehicle from overtaking and passing any other vehicle.

The driver of a motor vehicle upon any roadway outside of a business or residential district in a

caravan or motorcade, whether or not towing other vehicles, shall operate such vehicle so as to

allow sufficient space between each such vehicle or combination of vehicles so as to enable any

other vehicle to enter and occupy such space without danger. This subsection shall not apply to

funeral processions.

The driver of any motor vehicle when traveling upon a roadway outside of a business or

residential district shall not follow any highway maintenance vehicle more closely than one

hundred feet if:

Such highway maintenance vehicle is engaged in plowing snow, removing deposited

material from the surface of the road, or spreading salt, sand, or other material upon the

surface of the road or is in motion on or near the traveled portion of a road performing

other highway maintenance duties; and

Such highway maintenance vehicle is displaying a flashing amber or white light.

This subsection shall not prevent a vehicle from overtaking and passing any other vehicle.

The driver of any motor vehicle, when traveling upon a roadway outside of a business or

residential district, who is following another vehicle displaying flashing amber or white lights

shall not follow such vehicle more closely than one hundred feet. This subsection shall not

prevent a vehicle from overtaking and passing any other vehicle.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,140]

Section 6-415 Driving on divided highways; driving on median prohibited; exceptions.

Whenever any highway has been divided into two or more roadways by a median, a driver shall

drive only upon the right-hand roadway unless directed or permitted to use another roadway by

traffic control devices or competent authority.

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No driver shall drive any vehicle over, across, or within any median except through a median

opening or median crossover as established by competent authority.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,141]

Section 6-416 Driving on highway shoulders prohibited; exceptions. No person shall drive on the

shoulders of highways, except that:

Vehicles may be driven on the shoulders of highways (a) by federal mail carriers while delivering

the United States mail; or (b) to safely remove a vehicle from a roadway;

Implements of husbandry may be driven on the shoulders of highways; and

Bicycles and electric personal assistive mobility devices may be operated on paved shoulders of

highways included in the state highway system.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,142]

Section 6-417 Controlled-access highway; entrances; exits. No person shall drive a vehicle onto or

from any controlled-access highway except at such entrances and exits as are established by

competent authority. A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79,

89-87, 03-172, Same as Neb Rev. Stat. 60-6,143]

Section 6-418 Vehicles approaching or entering intersection at same time; right-of-way; entering a

highway or roadway.

When two vehicles approach or enter an intersection from different roadways at approximately

the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on

the right.

Notwithstanding the provisions of subsection (1) of this Section, a vehicle entering a highway

from an acceleration lane, a ramp, or any other approach road shall yield the right-of-way to a

vehicle on the main roadway entering such merging area at the same time, regardless of whether

the approach road is to the left or the right of the main roadway, unless posted signs indicate

otherwise.

The driver of a vehicle about to enter or cross a paved roadway from an unpaved roadway and

who is not subject to control by a traffic control device shall yield the right-of-way to all vehicles

approaching on such paved roadway.

The right-of-way rules set forth in subsections (1) and (3) of this Section are modified at through

highways and otherwise as stated in the Winnebago Traffic Code.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,146]

Section 6-419 Vehicle turning left; yield right-of-way. The driver of a vehicle who intends to turn to

the left within an intersection or into an alley road, or driveway shall yield the right-of-way to any vehicle

approaching from the opposite in which is within the intersection or approaching so close as to constitute

an immediate hazard. A violation of this Section shall be a Level II penalty. [TCR 90-24, 03-172, Same

as Neb Rev. Stat. 60-6,147]

Section 6-420 Preferential right-of-way; stop and yield signs.

Competent authority may provide for preferential right-of-way at an intersection and indicate

such by stop signs or yield signs erected by such authorities.

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Except when directed to proceed by a peace officer or traffic control signal, every driver of a

vehicle approaching an intersection where a stop is indicated by a stop sign shall stop at a clearly

marked stop line or shall stop, if there is no such line, before entering the crosswalk on the near

side of the intersection or, if no crosswalk is indicated, at the point nearest the intersecting

roadway where the driver has a view of approaching traffic on the intersecting roadway before

entering the intersection. After having stopped, such driver shall yield the right-of-way to any

vehicle which has entered the intersection from another highway or which is approaching so

closely on such highway as to constitute an immediate hazard if such driver moved across or into

such intersection.

The driver of a vehicle approaching a yield sign shall slow to a speed reasonable under the

existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line or

shall stop, if there is no such line, before entering the crosswalk on the near side of the

intersection or, if no crosswalk is indicated, at the point nearest the intersecting roadway where

the driver has a view of approaching traffic on the intersecting roadway. After slowing or

stopping, such driver shall yield the right-of-way to any vehicle in the intersection or approaching

on another highway so closely as to constitute an immediate hazard if such driver moved across

or into such intersection.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,148]

Section 6-421 Vehicle entering roadway from private road or driveway; yield right-of-way. The

driver of a vehicle emerging from an alley, driveway, private road, or building shall stop such vehicle

immediately before driving onto a sidewalk and shall yield the right-of-way to any pedestrian

approaching on any sidewalk. Before entering the highway, the driver shall yield the right-of-way to all

vehicles approaching on such highway. A violation of this Section shall be a Level I penalty. [TCR

86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,149]

Section 6-422 Moving a stopped, standing, or parked vehicle; yield right-of-way. No person shall

move a vehicle which is stopped, standing, or parked without yielding the right-of-way to all other

vehicles and pedestrians affected by such movement and in no event until such movement can be made

with reasonable safety. A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87,

03-172, Same as Neb Rev. Stat. 60-6,150]

Section 6-423 Operation of vehicles upon the approach of emergency vehicles.

Upon the immediate approach of an authorized emergency vehicle which makes use of proper

audible or visual signals:

The driver of any other vehicle shall yield the right-of-way and shall immediately drive to

a position parallel to and as close as possible to the right-hand edge or curb of the

roadway or to either edge or curb of a one-way roadway, clear of any intersection, and

shall stop and remain in such position until such emergency vehicle passes unless

otherwise directed by any peace officer; and

Any pedestrian using such roadway shall yield the right-of-way until such emergency

vehicle passes unless otherwise directed by any peace officer.

This Section shall not relieve the driver of an authorized emergency vehicle from the duty to

drive with due regard for the safety of all persons using the highway.

A violation of this Section shall be a Level III penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,151]

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Section 6-424 Driving upon sidewalk; prohibited; exception. No person shall drive any vehicle upon

a sidewalk except upon a permanent or duly authorized temporary driveway. A violation of this Section

shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,178]

Section 6-425 Basic rule; speed. No person shall drive a vehicle on a highway at a speed greater than

is reasonable and prudent under the conditions and having regard to the actual and potential hazards then

existing. A person shall drive at a safe and appropriate speed when approaching and crossing an

intersection or railroad grade crossing, when approaching and going around a curve, when approaching a

hillcrest, when traveling upon any narrow or winding roadway, and when special hazards exist with

respect to pedestrians or other traffic or by reason of weather or highway conditions. [TCR 03-172, Same

as Neb Rev. Stat. 60-6,185]

Section 6-426 Speed; maximum limits; signs.

Except when a special hazard exists that requires lower speed for compliance with Section 6-425

and as provided for in Title 6, Article 9, the limits set forth in this Section shall be the maximum

lawful speeds unless reduced pursuant to subsection (2) of this Section, and no person shall drive

a vehicle on a highway at a speed in excess of such maximum limits:

Twenty-five miles per hour in any residential district;

Twenty miles per hour in any business district;

Fifty miles per hour upon any highway that is not dustless surfaced and not part of the

state highway system;

Fifty-five miles per hour upon any dustless-surfaced highway not a part of the state

highway system;

(i) Sixty miles per hour upon any part of the state highway system other than an

expressway or a freeway, except where existing design and traffic conditions allow,

according to an engineering study, a speed limit five miles per hour greater may be

authorized by the appropriate officials.

The maximum speed limits established in subsection (1) of this Section may be reduced by local

authorities as conditions warrant.

The Winnebago Tribe of Nebraska and/or the Nebraska Department of Roads and local

authorities may erect and maintain suitable signs along highways under their respective

jurisdictions in such number and at such locations as they deem necessary to give adequate notice

of the speed limits established pursuant to subsection (1) or (2) of this Section upon such

highways.

The penalty for a violation of this Section shall be as follows:

1-10 mph over posted limit

Level I

11-15 mph over posted limit

Level II

16-20 mph over posted limit

Level III

21 mph and over posted limit Level IV

[TCR 86-31, 86-79, 89-87, 03-172, 21-134, Same as Neb Rev. Stat. 60-6,186]

Section 6-427 Special speed limitations; motor vehicle towing a mobile home; school buses; motordriven cycle.

No person shall operate any motor vehicle when towing a mobile home at a rate of speed in

excess of fifty miles per hour.

Notwithstanding the maximum speed limits established in Section 6-426, no person shall operate

any school bus carrying any school child at a speed in excess of:

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Fifty-five miles per hour on any part of the state highway system other than a freeway or

any dustless-surfaced highway other than a freeway during the nighttime;

Forty-five miles per hour on any highway that is not dustless surfaced and not a part of

the state highway system during the daytime; and

Forty miles per hour on any highway that is not dustless surfaced and not a part of the

state highway system during the nighttime.

During the nighttime, no person shall operate upon a roadway any motor-driven cycle at a speed

in excess of:

Thirty-five miles per hour unless such motor-driven cycle is equipped with one or more

headlights capable of revealing a person or vehicle in such roadway three hundred feet

ahead and with a taillight on the rear exhibiting a red light visible, under normal

atmospheric conditions, from a distance of at least five hundred feet to the rear of such

motor vehicle;

Twenty-five miles per hour if such headlight or headlights are not sufficient to reveal a

person or vehicle in such roadway at least two hundred feet ahead; or

Twenty miles per hour if such headlight or headlights do not reveal a person or vehicle in

such roadway at least one hundred feet ahead. If the headlight or headlights do not reveal

a person or vehicle in such roadway at least one hundred feet ahead, such motor-driven

cycle shall not be driven upon the roadways during the nighttime.

The penalty for a violation of this Section shall be according to that which is set out in Section

6-426. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,187]

Section 6-428 Speed determination;

apprehension of driver; when.

use

speed

measurement

devices;

requirements;

Determinations made regarding the speed of any motor vehicle based upon the visual observation

of any peace officer, while being competent evidence for all other purposes, shall be corroborated

by the use of a radio microwave, mechanical, or electronic speed measurement device. The

results of such radio microwave, mechanical, or electronic speed measurement device may be

accepted as competent evidence of the speed of such motor vehicle in any Court or legal

proceeding when the speed of the vehicle is at issue. Before the Tribe may offer in evidence, the

results of such radio microwave, mechanical, or electronic speed measurement device for the

purpose of establishing the speed of any motor vehicle, the Tribe shall prove the following:

The radio microwave, mechanical, or electronic speed measurement device was in proper

working order at the time of conducting the measurement;

The radio microwave, mechanical, or electronic speed measurement device was being

operated in such a manner and under such conditions so as to allow a minimum

possibility of distortion or outside interference;

The person operating the radio microwave, mechanical, or electronic speed measurement

device and interpreting such measurement was qualified by training and experience to

properly test and operate the radio microwave, mechanical, or electronic speed

measurement device; and

The operator conducted external tests of accuracy upon the radio microwave, mechanical,

or electronic speed measurement device, within a reasonable time both prior to and

subsequent to an arrest being made, and the device was found to be in proper working

order.

The driver of any motor vehicle measured by use of a radio microwave, mechanical, or electronic

speed measurement device to be driving in excess of the applicable speed limit may be

apprehended if the apprehending officer:

Is in uniform and displays his or her badge of authority; and

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(i) Has observed the recording of the speed of the motor vehicle by the radio microwave,

mechanical, or electronic speed measurement device; or (ii) Has received a radio message

from a peace officer who observed the speed recorded and the radio message:

Has been dispatched immediately after the speed of the motor vehicle was

recorded; and

Gives a description of the vehicle and its recorded speed.

[TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-6,192]

Section 6-429 Minimum speed regulation; impeding traffic.

No person shall drive a motor vehicle at such a slow speed as to impede the normal and

reasonable movement of traffic except when reduced speed is necessary for safe operation or in

compliance with law.

Whenever any local authority within its respective jurisdiction determines on the basis of an

engineering and traffic investigation that low speeds on any part of a highway consistently

impede the normal and reasonable movement of traffic, such local authority may determine and

declare a minimum speed limit below which no person shall drive a vehicle except when

necessary for safe operation or in compliance with law.

Any minimum speed limit which is imposed under subsection (2) of this Section shall not be

effective until appropriate and adequate signs are erected along the roadway affected by such

regulation apprising motorists of such limitation.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,193]

Section 6-430 Charging violations of speed regulation; summons; burden of proof; elements of

offense.

In every charge of violation of any speed regulation in the Winnebago Traffic Code, the

complaint or citation shall specify the speed at which defendant is alleged to have driven and the

maximum speed for the type of vehicle involved applicable within the district or at the location.

The speed at which defendant is alleged to have driven and the maximum speed are essential

elements of the offense and shall be proved by competent evidence.

The provisions of the rules which set maximum speed limitations shall not be construed to relieve

the plaintiff in any action from the burden of proving negligence on the part of the defendant as

the proximate cause of an accident. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat.

60-6,194]

Section 6-431 Racing on highways; violation; penalty.

No person shall drive any vehicle on any highway in any race, speed competition or contest, drag

race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or

for the purpose of making a speed record, and no person shall in any manner participate in any

such race, competition, contest, test, or exhibition.

For purposes of this Section:

Drag race shall mean the operation of two or more vehicles from a point side by side at

accelerating speeds in a competitive attempt to outdistance each other or the operation of

one or more vehicles over a common selected course, each starting at the same point and

proceeding to the same point, for the purpose of comparing the relative speeds or power

of acceleration of such vehicle or vehicles within a certain distance or time limit; and

Racing shall mean the use of one or more vehicles in an attempt to outgain or outdistance

another vehicle, to prevent another vehicle from passing, to arrive at a given destination

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ahead of another vehicle or vehicles, or to test the physical stamina or endurance of

drivers over long-distance driving routes.

Any person convicted of violating this Section shall be guilty of a Level IV penalty. [TCR 86-31,

86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,195]

Section 6-432 Driving under influence of alcoholic liquor or drug; penalties.

It shall be a civil violation for any person to operate or be in the actual physical control of any

motor vehicle:

While under the influence of alcoholic liquor or of any drug;

When such person has a concentration of eight-hundredths (0.08) of one gram or more by

weight of alcohol per one hundred milliliters of his or her blood;

When such person has a concentration of eight-hundredths (0.08) of one gram or more by

weight of alcohol per two hundred ten liters of his or her breath.

Any person who operates or is in the actual physical control of any motor vehicle while in a

condition described in subdivision (1) of this Section shall be subject to a Level V penalty.

These acts shall also be unlawful pursuant to Title 3, Article 15 of the Winnebago Tribal Criminal

Code. [TCR 86-31, 86-79, 95-06, 03-172, Same as Neb Rev. Stat. 60-6,196]

Section 6-433 Driving under influence of alcoholic liquor or drugs; implied consent to submit to

chemical test; when test administered; refusal; penalty.

Any person who operates or has in his or her actual physical control a motor vehicle in this state

shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her

blood, breath, or urine, for the purpose of determining the concentration of alcohol or the

presence of drugs in such blood, breath, or urine.

Any peace officer who has been duly authorized to issue citations or make arrests for violations

of traffic laws within this jurisdiction may require any person who violates any law arising out of

acts alleged to have been committed while the person was driving or was in actual physical

control of a motor vehicle while under the influence of alcoholic liquor or drugs to submit to a

chemical test or tests of his or her blood, breath, or urine for the purpose of determining the

concentration of alcohol or the presence of drugs in such blood, breath, or urine when the officer

has reasonable grounds to believe that such person was driving or was in the actual physical

control of a motor vehicle upon a public roadway or highway within the reservation while under

the influence of alcoholic liquor or drugs in violation of Section 6-432.

Any peace officer who has been duly authorized to issue citations or make arrests for violation of

traffic laws of this jurisdiction may require any person who operates or has in his or her actual

physical control a motor vehicle in the Winnebago Reservation to submit to a preliminary test of

his or her breath for alcohol concentration if the officer has reasonable grounds to believe that

such person has alcohol in his or her body, has committed a moving traffic violation, or has been

involved in a traffic accident. Any person who refuses to submit to such preliminary breath test

or whose preliminary breath test results indicate an alcohol concentration in violation of Section

6-432 shall be placed under arrest pursuant to Title 3, Article 15. Any person who refuses to

submit to such preliminary breath test shall be guilty of a Level V offense.

Any person cited or arrested as provided in this Section may, upon the direction of a peace

officer, be required to submit to a chemical test or tests of his or her blood, breath, or urine for a

determination of the concentration of alcohol or the presence of drugs. If the chemical test

discloses the presence of a concentration of alcohol in violation of subsection (1) of Section 6432, the person shall be subject to a civil penalty as provided in Section 6-432. Any person who

refuses to submit to such test or tests required pursuant to this Section shall be subject to a Level

V penalty.

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Any person involved in a motor vehicle accident within this jurisdiction may be required to

submit to a chemical test of his or her blood, breath, or urine by any peace officer if the officer

has reasonable ground to believe that the person was driving or was in actual physical control of a

motor vehicle on a public roadway or highway within this jurisdiction while under the influence

of alcoholic liquor or drugs at the time of the accident. A person involved in a motor vehicle

accident subject to the implied consent law of this jurisdiction shall not be deemed to have

withdrawn consent to submit to a chemical test of his or her blood, breath, or urine by reason of

leaving this jurisdiction. If the person refuses a test under this Section and leaves the jurisdiction

for any reason following an accident, he or she shall remain subject to subsection (4) of this

Section upon return.

Any person who is required to submit to a preliminary breath test or to a chemical blood, breath,

or urine test or tests pursuant to this Section shall be advised of (a) the consequences of refusing

to submit to such test or tests and (b) the consequences if he or she submits to such test and the

test discloses the presence of a concentration of alcohol in violation of subsection (1) of Section

6-432. Refusal to submit to such test or tests shall be admissible in any action for a violation of

Section 6-432. [TCR 86-31, 86-79, 95-06, 03-172, Same as Neb Rev. Stat. 60-6,197]

Section 6-434 Driving under influence of alcoholic liquor or drugs; test; additional test; refusal to

permit; effect; results of test; available upon request. The peace officer who required a chemical

blood, breath, or urine test or tests pursuant to Section 6-433 may direct whether the test or tests shall be

of blood, breath, or urine. The person tested shall be permitted to have a physician of his or her choice

evaluate his or her condition and perform or have performed whatever laboratory tests he or she deems

appropriate in addition to and following the test or tests administered at the direction of the officer. If the

officer refuses to permit such additional test to be taken, then the original test or tests shall not be

competent as evidence. Upon the request of the person tested, the results of the test or tests taken at the

direction of the officer shall be made available to him/her. [TCR 86-31, 86-79, 03-172, Same as Neb

Rev. Stat. 60-6,199]

Section 6-435 Driving under influence of alcoholic liquor or drugs; chemical test; consent of

person incapable of refusal not withdrawn. Any person who is unconscious or who is otherwise in a

condition rendering him/her incapable of refusal shall be deemed not to have withdrawn the consent

provided by S Section 6-433 and the test may be given. [TCR 86-31, 86-79, 03-172, Same as Neb Rev.

Stat. 60-6,200]

Section 6-436 Driving under influence of alcoholic liquor or drugs; chemical test; violation of

statute or ordinance; results; competent evidence.

Any test made under Section 6-433, if made in conformity with the requirements of this Section,

shall be competent evidence in any civil case under a Tribal law involving operating a motor

vehicle while under the influence of alcoholic liquor or drugs or involving driving or being in

actual physical control of a motor vehicle when the concentration of alcohol in the blood or

breath is in excess of allowable levels.

Any test made in conformity with the requirements of this Section, shall be competent evidence

in any civil case involving operating or being in actual physical control of a motor vehicle.

To be considered valid, tests of blood, breath, or urine shall be performed according to methods

approved by the Nebraska Department of Health and by an individual possessing a valid permit

issued by such department for such purpose, except that a physician, registered nurse, or other

trained person employed by a licensed institution or facility or certified clinical laboratory to

withdraw human blood for scientific or medical purposes, acting at the request of a peace officer,

may withdraw blood for the purpose of a test to determine the alcohol concentration or the

presence of drugs and no permit from the department shall be required for such person to

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withdraw blood pursuant to such an order. The department may to be a health and safety hazard

by driving with an excessive concentration of alcohol in his or her body and to deter others from

driving while under the influence of alcohol. [TCR 86-31, 86-79, 89-87, 95-28, 03-172, Same as

Neb Rev. Stat. 60-6,200]

Section 6-437 Blood sample; results of chemical test; admissible in civil proceeding; disclosure

required.

If the driver of a motor vehicle involved in an accident is transported to a hospital within or

outside of Nebraska and a sample of the driver’s blood is withdrawn by a physician, registered

nurse, qualified technician, or hospital for the purpose of medical treatment, the results of a

chemical test of the sample shall be admissible in a civil proceeding under Section 6-432 to show

the alcoholic content of or the presence of drugs or both in the blood at the time of the accident

regardless of whether (a) a peace officer requested the driver to submit to a test as provided in

Section 6-433 or (b) the driver had refused a chemical test.

Any physician, registered nurse, qualified technician, or hospital in this state performing a

chemical test to determine the alcoholic content of or the presence of drugs in such blood for the

purpose of medical treatment of the driver of a vehicle involved in a motor vehicle accident shall

disclose the results of the test (a) to a prosecuting attorney who requests the results for use in a

civil case under Section 6-432 and (b) to any prosecuting attorney in another state who requests

the results for use in a criminal prosecution or civil case for driving while intoxicated, driving

under the influence, or motor vehicle homicide under the laws of the other state if the other state

requires a similar disclosure by any hospital or person in such state to any prosecuting attorney in

Nebraska who requests the results for use in such a criminal prosecution under the laws of

Nebraska. [TCR 95-28, 03-172, Same as Neb Rev. Stat. 60-6,210]

Section 6-438 Person under twenty-one years of age; prohibited acts; enforcement.

It shall be a civil violation for any person under twenty-one years of age to operate or be in the

actual physical control of any motor vehicle:

When such person has a concentration of two-hundredths of one gram or more by weight

of alcohol per one hundred milliliters of his or her blood but less than the concentration

prescribed under subdivision (1)(b) of Section 6-432, or

When such person has a concentration of two-hundredths of one gram or more by weight

of alcohol per two hundred ten liters of his or her breath but less than the concentration

prescribed under subdivision (1)(c) of Section 6-432.

Enforcement of this Section by Tribal law enforcement agencies shall be accomplished only as a

secondary action when the driver of a motor vehicle has been cited for a violation of some other

offense. [TCR 95-28, 03-172, Same as Neb Rev. Stat. 60-6,211.01]

Section 6-439 Implied consent to submit to chemical test; when test administered; refusal; penalty.

Any person under twenty-one years of age who operates or has in his or her actual physical

control a motor vehicle within this jurisdiction shall be deemed to have given his or her consent

to submit to a chemical test or tests of his or her blood or breath for the purpose of determining

the concentration of alcohol in such blood or breath.

Any peace officer who has been duly authorized to issue citations or make arrests for violations

of traffic laws of this jurisdiction may require any person under twenty-one years of age who has

been cited for some offense to submit to a chemical test or tests of his or her blood or breath when

the officer has reasonable grounds to believe that such person was driving or was in the actual

physical control of a motor vehicle in this jurisdiction in violation of Section 6-438. Such peace

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officer may require such person to submit to a preliminary breath test. Any person who refuses to

submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol

concentration in violation of Section 6-438 shall be subject to a Level V civil penalty.

Any person cited as provided in this Section may, upon the direction of a peace officer, be

required to submit to a chemical test or tests of his or her blood or breath for a determination of

the concentration of alcohol. If the chemical test discloses the presence of a concentration of

alcohol in violation Section 6-438, the person shall be subject to a Level V civil penalty. Any

person who refuses to submit to such test or tests required pursuant to this Section shall not have

the tests taken but shall be subject to a Level V penalty. [TCR 95-28, 03-172, Same as Neb Rev.

Stat. 60-6, 211.02]

Section 6-440 Careless driving, defined; penalty. Any person who drives any motor vehicle in this

state carelessly or without due caution so as to endanger a person or property shall be guilty of careless

driving. A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,212]

Section 6-441 Reckless driving, defined; penalty. Any person who drives any motor vehicle in such a

manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be

guilty of reckless driving. A violation of this Section shall be a Level III penalty. [TCR 86-31, 86-79,

89-87, 03-172, Same as Neb Rev. Stat. 60-6,213]

Section 6-442 Willful reckless driving, defined. Any person who drives any motor vehicle in such a

manner as to indicate a willful disregard for the safety of persons or property shall be guilty of willful

reckless driving. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-6,214]

Section 6-443 Willful reckless driving; penalty. Any person who is guilty of willful reckless driving

shall be subject to a Level IV penalty. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-6,216]

Section 6-444 Winnebago brake and turn signal law.

No person shall turn a vehicle or move right or left upon a roadway unless and until such

movement can be made with reasonable safety nor without giving an appropriate signal in the

matter provided in sections 6-445 and 6-446

A signal of intention to turn or move right or left when required shall be given continuously

during not less than one hundred feet traveled by the vehicle before turning.

No person shall stop or suddenly decrease the speed of a vehicle without first giving an

appropriate signal in the manner provided in such sections to the driver of any vehicle

immediately to the rear when there is no opportunity to give such signal.

The brake and turn signal lights required on vehicles by section 6-447 shall not be flashed on one

side only on a disabled vehicle, flashed as a courtesy or to pass signal to operators of other

vehicles approaching from the rear, or flashed on one side only of a parked vehicle except as may

be necessary for compliance with this section.

At all roundabouts, drivers shall use their right turn signal when they intend to exit the

roundabout.

Violation of this Section shall be a Level 1 penalty. [Same as Neb. Rev. Stat. 60-6,161]. [TCR

18-118]

Section 6-445 Turn signals and signals given by hand and arm.

Any brake signal or turn signal required by the Winnebago Tribal Code shall be given either by

means of hand or by signal lights except as otherwise provided in this section.

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With respect to any motor vehicle having four or more wheels manufactured or assembled,

whether from a kit or otherwise, after January 1, 1954, designed or used for the purpose of

carrying passengers or freight, or any trailer, in use on a highway, any required signal shall be

given by the appropriate signal lights when the distance from the top of the center of the top of

the steering post to the left outside limit of the body, cab, or load of such motor vehicle or trailer

exceeds twenty-four inches. Such measurement shall apply to any single vehicle or trailer and to

any combination of vehicles or trailers. This subsection shall not apply during daylight hours to

fertilizer trailers and implements of husbandry designed primarily or exclusively for use in

agricultural operations.

Under any condition when a hand and arm signal would not be visible both to the front and rear

of a vehicle of such signaling driver for one hundred feet, the required signals shall be given by

such a light or device as required by this section.

Violation of this Section shall be a Level 1 penalty [Same as Neb. Rev. Stat. 60-6-162]. [TCR

18-118]

Section 6-446 Hand and arm signals; how given.

Except as provided in subsection (2) of this section, all hand and arm signals required by the

Winnebago Tribal Code shall be given from the left side of the vehicle with the left arm in the

following manner and such signals shall indicate as follows:

Left Turn - hand and arm extended to the left horizontally

Right Turn - hand and forearm extended upward; and

Stop of decreased speed - hand and arm extended downward.

Any person operating a bicycle may signal a right turn by fully extending the right arm and

pointing.

Violation of this Section shall be a Level 1 penalty. [Same as Neb. Rev. Stat. 60-6-163]. [TCR

18-118]

Section 6-447 Brake and turn signal requirements.

Any motor vehicle having four or more wheels which is manufactured or assembled, whether

from a kit or otherwise, after January 1, 1954, designed or used for the purpose of carrying

passengers or freight, any auto cycle, or any trailer, in use on a highway, shall be equipped with

brake and turn signal lights in good working.

Motorcycles other than autocycles, motor-driven cycles, motor-scooters, bicycles, electric

personal assistive mobility devices, vehicles used solely for agricultural purposes, vehicles not

designed and intended primarily for use on a highway, and, during daylight hours, fertilizer

trailers and implements of animal husbandry designed primarily or exclusively for use in

agricultural operations shall not be required to have or maintain in working order signal lights

required by this section, but they can be so equipped. The operator thereof shall comply with the

requirements for utilizing hand and arm signals or for utilizing such signal lights if the vehicle is

so equipped.

Violation of this Section shall be a Level 1 penalty. [Same as Neb. Rev. Stat. 60-6,226]. [TCR

18-118]

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TITLE 6

ARTICLE 5

NON-MOVING TRAFFIC

6-501 Pedestrian obedience to traffic control

devices and regulations.

6-502 Pedestrians’ right-of-way in crosswalk;

traffic control devices.

6-503 Crossing at other than crosswalks; yield

right-of-way.

6-504 Pedestrians on highways and roadways;

sidewalks and shoulders.

6-505 Pedestrians soliciting rides or business;

prohibited acts.

6-506 Stopping, parking, or standing upon

a roadway or bridge; limitations.

6-507 Persons authorized to remove vehicles; cost

of removal; lien.

6-508 Stopping, standing, or parking prohibited;

exceptions.

6-509 Parking regulations; signs; control by local

authority.

6-510 Unattended motor vehicles; conditions.

6-511 Overloading front seat or obstructing driver;

prohibited.

6-512 Opening and closing vehicle doors;

restriction.

6-513 Traveling on a downgrade; gears; position.

6-514 Following fire apparatus in response to an

alarm; prohibited.

6-515 Restrictions on driving over unprotected fire

hose.

Section 6-501 Pedestrian obedience to traffic control devices and regulations.

A pedestrian shall obey the instructions of any traffic control device specifically applicable to

pedestrians unless otherwise directed by a peace officer.

Pedestrians shall be subject to traffic and pedestrian-control signals as provided in the Winnebago

Traffic Code.

At all other places, pedestrians shall be accorded the privileges and shall be subject to the

restrictions set forth in the rules.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,152]

Section 6-502 Pedestrians’ right-of-way in crosswalk; traffic control devices.

Except at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided,

when traffic control signals are not in place or not in operation, the driver of a vehicle shall yield

the right-of-way to a pedestrian crossing the roadway within a crosswalk who is in the lane in

which the driver is proceeding or is in the lane immediately adjacent thereto by bringing his or

her vehicle to a complete stop.

No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of

a vehicle which is so close that it is impossible for the driver to stop.

Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an

intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle

approaching from the rear shall not overtake and pass such stopped vehicle.

The local authorities in their respective jurisdictions may, after an engineering and traffic

investigation, designate unmarked crosswalk locations where pedestrian crossing is prohibited or

where pedestrians shall yield the right-of-way to vehicles. Such restrictions shall be effective

only when traffic control devices indicating such restrictions are in place.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,153]

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Section 6-503 Crossing at other than crosswalks; yield right-of-way.

Every pedestrian who crosses a roadway at any point other than within a marked crosswalk, or

within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon

the roadway.

Any pedestrian who crosses a roadway at a point where a pedestrian tunnel or overhead

pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the

roadway.

Between adjacent intersections at which traffic control signals are in operation, pedestrians shall

not cross at any place except in a marked crosswalk.

No pedestrian shall cross a roadway intersection diagonally unless authorized by traffic control

devices, and when authorized to cross diagonally, pedestrians shall cross only in accordance with

the traffic control devices pertaining to such crossing movements.

Local authorities, by erecting appropriate official traffic control devices, may, within their

respective jurisdictions, prohibit pedestrians from crossing any roadway in a business district or

any designated highway except in a crosswalk.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,154]

Section 6-504 Pedestrians on highways and roadways; sidewalks and shoulders.

Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to

walk along and upon an adjacent roadway or shoulder.

Where a sidewalk is not available and a shoulder is available, any pedestrian walking along and

upon a highway shall walk only on the shoulder as far as practicable from the edge of the

roadway.

Where neither a sidewalk nor a shoulder is available, any pedestrian who walks along and upon a

highway shall walk as near as practicable to the edge of the roadway and, if on a two-way

roadway, shall walk only on the left side of such roadway.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,156]

Section 6-505 Pedestrians soliciting rides or business; prohibited acts.

No person shall stand in a roadway for the purpose of soliciting a ride, employment.

No person shall stand on or in proximity to a highway for the purposes of soliciting the watching

or guarding of any vehicle while parked or about to be parked on a highway.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,157]

Section 6-506 Stopping, parking, or standing upon a roadway or bridge; limitations.

No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon a

roadway outside of a business or residential district when it is practicable to stop, park, or leave

such vehicle off such part of a highway, but in any event an unobstructed width of the roadway

opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of

such stopped vehicle shall be available from a distance of two hundred feet in each direction upon

such highway. Such parking, stopping, or standing shall in no event exceed twenty-four hours.

No person, except law enforcement, fire department, emergency management, public or private

ambulance, or local authority personnel, shall loiter or stand or park any vehicle upon any bridge,

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highway, or structure which is located above or below or crosses over or under the roadway of

any highway or approach or exit road thereto.

This Section shall not apply to the driver of any vehicle which is disabled while on the roadway

in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving

such disabled vehicle in such position.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,164]

Section 6-507 Persons authorized to remove vehicles; cost of removal; lien.

Whenever a peace officer, or any other authorized employee of a law enforcement agency who is

employed by a political subdivision of the Tribe and specifically empowered by law to act, finds

a vehicle standing upon a highway in violation of any of the provisions of the Winnebago Tribal

Code, such individual may remove the vehicle, have such vehicle removed, or require the driver

or other person in charge of the vehicle to move such vehicle to a position off the roadway of

such highway or from such highway.

The owner or other person lawfully entitled to the possession of any vehicle towed or stored shall

be charged with the reasonable cost of towing and storage fees. Any such towing or storage fee

shall be a lien upon the vehicle prior to all other claims. Any person towing or storing a vehicle

shall be entitled to retain possession of such vehicle until such charges are paid. The lien

provided for in this Section shall not apply to the contents of any vehicle. [TCR 86-31, 86-79,

03-172, Same as Neb Rev. Stat. 60-6,165]

Section 6-508 Stopping, standing, or parking prohibited; exceptions.

Except when necessary to avoid conflict with other traffic or when in compliance with law or the

directions of a peace officer or traffic control device, no person shall:

Stop, stand, or park any vehicle:

On the roadway side of any vehicle stopped or parked at the edge or curb of a

street;

ii.

On a sidewalk;

iii.

Within an intersection;

iv.

On a crosswalk;

Between a safety zone and the adjacent curb or within thirty feet of points on the

curb immediately opposite the ends of a safety zone unless the local authority

indicates a different length by signs or markings;

vi.

Alongside or opposite any street excavation or obstruction when stopping,

standing, or parking would obstruct traffic;

vii.

Upon any bridge or other elevated structure over a highway or within a highway

tunnel;

viii.

On any railroad track; or

ix.

At any place where official signs prohibit stopping;

Stand or park a vehicle, whether occupied or not, except momentarily to pick up or

discharge a passenger or passengers:

In front of a public or private driveway;

ii.

Within fifteen feet of a fire hydrant;

iii.

Within twenty feet of a crosswalk at an intersection;

iv.

Within thirty feet of any flashing signal, stop sign, yield sign, or other traffic

control device located at the side of a roadway;

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Within twenty feet of the driveway entrance to any fire station and on the side of

a street opposite the entrance to any fire station within seventy-five feet of such

entrance when properly signposted; or

vi.

At any place where official signs prohibit standing; or

Park a vehicle, whether occupied or not, except temporarily for the purpose of and while

actually engaged in loading or unloading merchandise or passengers:

Within fifty feet of the nearest rail of a railroad crossing; or

ii.

At any place where official signs prohibit parking.

No person shall move a vehicle not lawfully under his or her control into any such prohibited area

or away from a curb such a distance as shall be unlawful.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,166]

Section 6-509 Parking regulations; signs; control by local authority.

Except as otherwise provided in this Section, any vehicle stopped or parked upon a two-way

roadway where parking is permitted shall be so stopped or parked with the right-hand wheels

parallel to and within twelve inches of the right-hand curb or edge of such roadway. No vehicle

shall be parked upon a roadway when there is a shoulder adjacent to the roadway which is

available for parking.

Except when otherwise provided by a local authority, every vehicle stopped or parked upon a

one-way roadway shall be so stopped or parked parallel to the curb or edge of such roadway, in

the direction of authorized traffic movement, with its right-hand wheels within twelve inches of

the right-hand curb or edge of the roadway or its left-hand wheels within twelve inches of the

left-hand curb or edge of such roadway.

A local authority may permit angle or center parking on any roadway, so long as local authorities

have determined that such roadway is of sufficient width to permit angle or center parking

without interfering with the free movement of traffic.

The local authority may prohibit or restrict stopping, standing, or parking on highways under its

respective jurisdiction outside the corporate limits of any city or village and erect and maintain

proper and adequate signs thereon. No person shall stop, stand, or park any vehicle in violation

of the restrictions stated on such signs.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,167]

Section 6-510 Unattended motor vehicles; conditions. No person having control or charge of a motor

vehicle shall allow such vehicle to stand unattended on a highway without first stopping the motor of such

vehicle, locking the ignition, removing the key from the ignition, and effectively setting the brakes

thereon and, when standing upon any roadway, turning the front wheels of such vehicle to the curb or side

of such roadway. A violation of this Section shall be a Level I penalty. [TCR 88-79, 89-87, 03-172,

Same as Neb Rev. Stat. 60-6,168]

Section 6- 511 Overloading front seat or obstructing driver; prohibited.

No person shall drive a motor vehicle when it is so loaded, or when there is in the front seat such

a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of

the vehicle or to interfere with the driver’s control over the driving mechanism of such vehicle.

No passenger in a vehicle shall ride in such a position as to interfere with the driver’s view ahead

or to the sides or to interfere with the driver’s control over the driving mechanism of such vehicle.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,179]

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WINNEBAGO TRIBAL CODE

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Section 6-512 Opening and closing vehicle doors; restriction. No person shall open the door of a

motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and it

can be done without interfering with the movement of other traffic, nor shall any person leave a door open

on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or

unload property or passengers. A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79,

89-87, 03-172, Same as Neb Rev. Stat. 60-6,180]

Section 6-513 Traveling on a downgrade; gears; position. The driver of a motor vehicle when

traveling upon a downgrade upon any highway shall not coast with the gears of such vehicle in neutral. A

violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev.

Stat. 60-6,182]

Section 6-514 Following fire apparatus in response to an alarm; prohibited. The driver of any

vehicle other than one on official business shall not follow any fire apparatus traveling in response to a

fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire

apparatus has stopped in answer to a fire alarm. A violation of this Section shall be a Level III penalty.

[TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,183]

Section 6-515 Restrictions on driving over unprotected fire hose. No vehicle shall be driven over

unprotected hose of a fire department when laid down on any highway or private road or driveway, in use

or to be used at any fire or alarm of fire, without the consent of the fire department official in command.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb

Rev. Stat. 60-6,184]

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June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 6

TITLE 6

ARTICLE 6

HIGHWAYS, ROADS AND BRIDGES

6-601 Removal of traffic hazards; determined by

local authority; violation; penalty.

6-602 Depositing materials on roads or ditches;

penalties.

6-603 Rubbish on highways or roads; prohibited;

signs; enforcement; violation; penalties.

6-604 Camping; permitted; where; violation;

penalty.

6-605 Hunting, trapping, or molesting predatory

animal on or from roadway; prohibited,

exception; violation; penalty.

6-606 Advertising signs, displays, or devices;

permitted signs enumerated.

Section 6-601 Removal of traffic hazards; determined by local authority; violation; penalty. It

shall be the duty of the owner of real property to remove from such property any tree, plant, shrub, or

other obstruction, or part thereof, which, by obstructing the view of any driver, constitutes a traffic

hazard. When the local authority determines upon the basis of traffic investigation that such a traffic

hazard exists, it shall notify the owner and order that the hazard be removed within ten days. Failure of

the owner to remove such traffic hazard within ten days shall constitute a Level I penalty. Every day such

owner fails to remove it shall be a separate offense. [TCR 86-31, 86-79, 89-87, 03-172; Same as Neb

Rev. Stat. 39-308]

Section 6-602 Depositing materials on roads or ditches; penalties. Any person who deposits any

wood, stone, or other kind of material on any part of any lawful public road within the reservation, inside

of the ditches of such road, or outside of the ditches but so near thereto as to cause the banks thereof to

break into the same, causes the accumulation of rubbish, or causes any kind of obstruction, shall be guilty

of a Level III penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 39-310]

Section 6-603 Rubbish on highways or roads; prohibited; signs; enforcement; violation; penalties.

No person shall throw or deposit upon any highway or road:

Any glass bottle, glass, nails, tacks, wire, cans, or other substance likely to injure any

person or animal or damage any vehicle upon such highway; or

Any burning material.

Any person who deposits or permits to be deposited upon any highway or road any destructive or

injurious material shall immediately remove such or cause it to be removed.

Any person who removes a wrecked or damaged vehicle from a highway or road shall remove

any glass or other injurious substance deposited on the highway or road from such vehicle.

The local authority may procure and place at reasonable intervals on the side of highways under

its respective jurisdiction appropriate signs showing the penalty for violating this Section. Such

signs shall be of such size and design as to be easily read by persons on such highways, but the

absence of such a sign shall not excuse a violation of this Section.

It shall be the duty of all law enforcement officers and conservation officers to enforce this

Section and to make prompt investigation of any violations of this Section reported by any

person.

Any person who violates any provision of this Section shall be guilty of a Level III penalty.

[TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 39-311]

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WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 6

Section 6-604 Camping; permitted; where; violation; penalty.

It shall be unlawful to camp on any Tribal, state or county public highway, roadside area, park, or

other property acquired for highway or roadside park purposes except at such places as are

designated campsites by the Winnebago Tribal Council, its designee or other legal entity owning

or controlling such places.

For purposes of this Section, camping means temporary lodging out of doors and presupposes the

occupancy of a shelter designed or used for such purposes, such as a sleeping bag, tent, trailer,

station wagon, pickup camper, camper-bus, or other vehicle, and the use of camping equipment

and camper means an occupant of any such shelter.

Any person who camps on any Tribal, state or county public highway, roadside area, park, or

other property acquired for highway or roadside park purposes, which has not been properly

designated as a campsite, or any person who violates any lawfully promulgated rules or

regulations properly posted to regulate camping at designated campsites shall be guilty of a Level

II penalty and shall be ordered to pay any amount as determined by the Court which may be

necessary to reimburse the Tribe or other entity for the expense of repairing any damage to such

campsite resulting from such violation. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev.

Stat. 39-312]

Section 6-605 Hunting, trapping, or molesting predatory animal on or from roadway; prohibited,

exception; violation; penalty.

No person shall hunt, trap, or molest any predatory animal on or upon any portion of a roadway

or approach or exit thereto except at locations designated for such purpose.

No person shall shoot from the roadway onto or across the land of any farmer or landowner or

kill, attempt to kill, or retrieve any wildlife or game on such land prior to receiving permission

from such farmer or landowner.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 39-313]

Section 6-606 Advertising signs, displays, or devices; permitted signs enumerated.

The following signs shall be permitted along roadways within the Winnebago Reservation:

Directional and official signs to include, but not be limited to, signs and notices

pertaining to natural wonders, scenic attractions, and historical attractions;

Signs, displays, and devices advertising the sale or lease of property upon which such

media are located;

Signs, displays, and devices advertising activities conducted on the property on which

such media are located; and

Landmark signs, signs on farm structures, markers, and plaques of historical or artistic

significance.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172; Same

as Neb Rev. Stat. 39-202]

6-2

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 7

TITLE 6

ARTICLE 7

VEHICLE AND TRAFFIC SAFETY

6-701 Peace officers; investigation of traffic

accident; duty to report; Department of

Roads; powers; duties.

6-702 Accidents; reports required of operators and

owners; when; supplemental reports; reports

of peace officers open to public inspection;

limitation on use as evidence; violation;

penalty.

6-703 Accidents; reports required of garages and

repair shops.

6-704 Accidents; coroner; report to Nebraska

Department of Roads.

6-705 Accident; death; driver; pedestrian sixteen

years or older; coroner; examine body;

amount of alcohol or drugs; report to

Department of Roads; public information.

6-706 Accident; driver or pedestrian sixteen years

of age or older; person killed; submit to

chemical test; results in writing to DirectorState Engineer; public information.

6-707 Accidents; body fluid; samples; test;

report.

6-708 Roadway; removal of dead or injured

persons; peace officer.

6-709 Roadways, travel on; regulation by local

authorities; when authorized; signs.

6-710 Display of unauthorized signs, signals, or

markings; public nuisance; removal.

6-711 Advertising devices adjacent to highway;

when prohibited; public nuisance; removal.

6-712 Required obedience to traffic laws; private

property used for public road by consent of

owner; provisions uniform throughout the

Reservation.

6-713 Drivers to exercise due care with

pedestrian; audible signal.

6-714 Obedience to peace officers; violation;

penalty.

6-715 Failing to observe a blind person; penalty.

6-716 Persons riding animals or driving animal

drawn vehicles; farm implements; duties.

6-717 Interference with official traffic control

devices or railroad signs or signals;

6-718 Signs, markers, devices, or notices;

prohibited acts; penalty.

6-719 Motor vehicle; motorcycle; lights;

requirements; prohibited acts.

7-1

6-720 Lights; vehicle being driven.

6-721 Headlights; construction; adjustment;

requirements.

6-722 Violations; penalty.

6-723 Acetylene headlights; number;

construction; requirements.

6-724 Headlights; glare; duty of operator;

penalty.

6-725 Spotlights; auxiliary driving lights; signal

lights; other devices; intensity and

direction.

6-726 Parking lights; unlawful use.

6-727 Vehicle proceeding in forward motion;

backup lights on; prohibited; violation;

penalty.

6-728 Lights, red or green, in front of vehicle

prohibited; exceptions.

6-729 Lights; rotating or flashing; colored lights;

when permitted.

6-730 Flashing or rotating lights; emergency

vehicles; colors permitted.

6-731 Rotating or flashing amber light; when

permitted.

6-732 Rotating or flashing red light or red and

blue lights; when permitted;

application; permit; expiration.

6-733 Rotating or flashing lights; violation;

penalty.

6-734 Clearance lights; requirements;

substitution; violations; penalty.

6-735 Vehicles required to have clearance lights;

flares; reflectors; when required as

equipment.

6-736 Vehicles required to have clearance lights;

flares; reflectors; how and when displayed.

6-737 Vehicles; red flags; red emergency

reflectors; when required as equipment;

how and when displayed.

6-738 Clearance lights, flares, and reflector

requirements; violations; penalty.

6-739 Removing flares or flags; penalty.

6-740 Vehicles; slow moving; emblem required;

when used.

6-741 Vehicles; slow moving; emblem; how

equipped; penalty.

6-742 Load projecting to rear; red flag or red

light required.

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 7

TITLE 6

ARTICLE 7

VEHICLE AND TRAFFIC SAFETY

(continued)

6-743 Motor vehicles; brakes; requirements.

6-744 Trailers; brake requirements; safety chains;

when required.

6-745 Trucks and buses; brake requirements;

violation; penalty.

6-746 Hydraulic brake fluids; requirements;

violation; penalty.

6-747 Tires; requirements; cleats or projections

prohibited; exceptions; permissive uses;

special permits; exceptions.

6-748 Trucks; rearview mirror.

6-749 Operator; view to rear required; outside

mirrors authorized.

6-750 Windshield and windows; nontransparent

material prohibited; windshield equipment;

requirements.

6-751 Safety glass, defined.

6-752 Safety glass; requirements; vehicles built

after January 1, 1935; motorcycle

windshield; requirements; violation;

penalty.

6-753 Violation by common carrier; permit

revoked or suspended.

6-754 Occupant protection systems.

6-755 Occupant protection system; 1973 year

model and later motor vehicles;

requirements; violation; penalty.

6-756 Child passenger; use restraint system or

occupant protection system; when;

information and education program.

6-757 Child passenger restraint requirements;

violations; penalty; defense.

6-758 Violation of child passenger restraint

requirements; how construed.

6-759 Occupant protection system; use required;

when; exceptions.

6-760 Enforcement of occupant protection system

requirements; when.

6-761 Occupant protection system; violation;

penalty.

6-762 Occupant protection system violation;

evidence; when admissible.

6-763 Limitations on backing vehicles.

6-764 Obedience to signal indicating approach of

train; prohibited acts.

6-765 Buses and school buses required to stop at all

railroad grade crossings; exceptions.

6-766 Grade crossings; certain carriers; required to

stop; exceptions.

6-767 School bus; safety requirements; use of stop

signal arm; use of warning signal lights;

violations; penalty.

6-768 Splash aprons; requirements; violation;

penalty.

6-769 Towing; drawbars or other connections;

length; red flag required, when.

6-770 Horn; requirements; prohibited acts.

6-771 Muffler or noise-suppressing system;

prevention of fumes and smoke;

requirements.

6-772 Television set; equipping motor vehicle with

screen visible to driver; penalty.

Section 6-701 Peace officers; investigation of traffic accident; duty to report; Department of

Roads; powers; duties. It shall be the duty of any peace officer who investigates any traffic accident in

the performance of his/her official duties in all instances of an accident resulting in injury or death to any

person or in which estimated damage exceeds five hundred dollars to the property of any one person to

submit an original report of such investigation to the State of Nebraska Accident Records Bureau of the

Department of Roads within ten days after each such accident. The department shall have authority to

collect accident information it deems necessary and shall prescribe and furnish appropriate forms for

reporting. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-695]

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June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 7

Section 6-702 Accidents; reports required of operators and owners; when; supplemental reports;

reports of peace officers open to public inspection; limitation on use as evidence; violation; penalty.

The operator of any vehicle involved in an accident resulting injuries or death to any person or

damage to the property of any one person, including such operator, to an apparent extent of more

than five hundred dollars shall forward a report of such accident to the Nebraska Department of

Roads in accordance with the requirements of Nebraska Revised Statutes § 60-699.

Any person who fails to report an accident as provided in this Section or to correctly give the

information required in connection with the report shall be subject to a Level I penalty. [TCR

86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-699]

Section 6-703 Accidents; reports required of garages and repair shops. The person in charge of any

garage or repair shop to which is brought any motor vehicle which shows evidence of having been

involved in a serious accident or struck by any bullet shall report to the police station within twenty-four

hours after such motor vehicle is received, giving the engine number, the registration number, and the

name and address of the owner or operator of such vehicle. A violation of this Section shall be a Level II

penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,100]

Section 6-704 Accidents; coroner; report to Nebraska Department of Roads. Any coroner or other

official performing the duties of coroner shall report in writing to the Nebraska Department of Roads the

death of any person within his or her jurisdiction as the result of an accident involving a motor vehicle

and the circumstances of such accident in accordance with Neb Rev. Stat. § 60-6101. Such report by the

coroner shall be made within ten days after such death. A violation of this Section shall be a Level II

penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,101]

Section 6-705 Accident; death; driver; pedestrian sixteen years or older; coroner; examine body;

amount of alcohol or drugs; report to Department of Roads; public information. In the case of a

driver who dies within four hours after being in a motor vehicle accident, including a motor vehicle

accident in which one or more persons in addition to such driver is killed, and of a pedestrian sixteen

years of age or older who dies within four hours after being struck by a motor vehicle, the coroner or

other official performing the duties of coroner shall examine the body and cause such tests to be made as

are necessary to determine the amount of alcohol or drugs in the body of such driver or pedestrian. Such

information shall be included in each report submitted pursuant to Neb Rev. Stat. sections 60-6,101 to

60-6,104 and shall be tabulated on a monthly basis by the Nebraska Department of Roads. Such

information, including the identity of the deceased and any such amount of alcohol or drugs, shall be

public information and may be released or disclosed as provided in rules and regulations of the

department. A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172,

Same as Neb Rev. Stat. 60-6,102]

Section 6-706 Accident; driver or pedestrian sixteen years of age or older; person killed; submit to

chemical test; results in writing to Director-State Engineer; public information. Any surviving

driver or pedestrian sixteen years of age or older who is involved in a motor vehicle accident in which a

person is killed shall be requested, if he/she has not otherwise been directed by a peace officer to submit

to a chemical test under Section 6-433, to submit to a chemical test of blood, urine, or breath as the peace

officer directs for the purpose of determining the amount of alcohol or drugs in his or her body fluid. The

results of such test shall be reported in writing to the Nebraska Director-State Engineer who shall tabulate

such results on a monthly basis. Such information, including the identity of such driver or pedestrian and

any such amount of alcohol or drugs, shall be public information and may be released or disclosed as

provided in rules and regulations of the Nebraska Department of Roads. The provisions of Sections 6434 and 6-435, shall, when applicable, apply to the tests provided for in this Section. A violation of this

Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,103]

Section 6-707 Accidents; body fluid; samples; test; report. All samples and tests of body fluids shall

be submitted to and performed by an individual possessing a valid permit issued by the Department of

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June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 7

Health and Human Services Regulation and Licensure for such purpose. Such tests shall be performed

according to methods approved by the department. Such individual shall promptly perform such analysis

and report the results thereof to the official submitting the sample. [TCR 86-31, 86-79, 03-172, Same as

Neb Rev. Stat. 60-6,104]

Section 6-708 Roadway; removal of dead or injured persons; peace officer. Peace officers or other

local authority may remove a dead body or an injured person from any roadway to the nearest available

position off the roadway as may be necessary to keep the roadway open or safe for public travel or to any

hospital, clinic, or medical doctor as may be necessary to preserve life. [TCR 86-31, 86-79, 89-87,

03-172, Same as Neb Rev. Stat. 60-679]

Section 6-709 Roadways, travel on; regulation by local authorities; when authorized; signs.

Local authorities may by ordinance or resolution prohibit the operation of vehicles upon any

highway or impose restrictions as to the weight of vehicles, for a total period not to exceed ninety

days in any one calendar year, when operated upon any highway under the jurisdiction of and for

the maintenance of which such local authorities are responsible whenever any such highway by

reason of deterioration, rain, snow, or other climatic condition will be seriously damaged or

destroyed unless the use of vehicles thereon is prohibited or the permissible weight thereof

reduced. Such local authorities enacting any such ordinance or resolution shall erect or cause to

be erected and maintained signs designating the provisions of the ordinance or resolution at each

end of that portion of any highway affected thereby, and the ordinance or resolution shall not be

effective until such signs are erected and maintained.

Local authorities may also, by ordinance or resolution, prohibit the operation of trucks or other

commercial vehicles or impose limitations as to the weight thereof on designated highways,

which prohibitions and limitations shall be designated by appropriate signs placed on such

highways. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-681]

Section 6-710 Display of unauthorized signs, signals, or markings; public nuisance; removal.

No person shall place, maintain, or display upon or in view of any highway any unauthorized

sign, signal, light, marking, or device which purports to be, is an imitation of, or resembles a

lawful traffic control device or railroad sign or signal, which uses the words stop or danger

prominently displayed, which implies the need or requirement of stopping or the existence of

danger, which attempts to direct the movement of traffic, which otherwise copies or resembles

any lawful traffic control device, or which hides from view or interferes with the effectiveness of

a traffic control device or any railroad sign or signal.

No person shall place or maintain nor shall any public authority permit upon any highway any

traffic sign or signal which bears commercial advertising except as otherwise authorized by the

Winnebago Tribal Code.

This Section shall not be deemed to prohibit the erection upon private property adjacent to

highways of signs giving useful directional information and of a type that cannot be mistaken for

official signs unless prohibited by another Code provision.

Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance, and the

authority having jurisdiction over any highway where such prohibited sign, signal, or marking is

found may remove it or cause it to be removed without notice.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,127]

7-4

June 2025

WINNEBAGO TRIBAL CODE

TITLE 6 ARTICLE 7

Section 6-711 Advertising devices adjacent to highway; when prohibited; public nuisance;

removal. No advertising devices shall be erected or operated upon any private property adjacent to or

near any highway which:

Have a light, the beam of which is concentrated on the highway or adversely affects the vision of

operators of vehicles upon the roadway by the use of flashing red, amber, yellow, or green lights

which have the very obvious appearance of devices generally used as official traffic control

devices.

Have photo-flash type lights, flood lights, spotlights, or other lighted signs which use the words

Stop or Danger prominently displayed, which imply the need or requirement of stopping or the

existence of danger, or which otherwise copy or resemble official traffic control devices.

Nothing in this Section shall be construed to apply to official traffic control devices erected by the

public agencies having jurisdiction.

Any advertising device erected, maintained, or operated in violation of this Section is hereby

declared to be a public nuisance. It shall be the duty of the public agency having jurisdiction to

notify the owner of all lights in violation of the provisions of this Section, and the public agency

may remove such lights if the owner fails or refuses to remove them within a reasonable time

after he/she is notified of such violation.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,128]

Section 6-712 Required obedience to traffic laws; private property used for public road by consent

of owner; provisions uniform throughout the Reservation.

The provisions of the Winnebago Traffic Code relating to operation of vehicles refer exclusively

to operation of vehicles upon highways except where a different place is specifically referred to

in a given section.

Nothing in the Winnebago Traffic Code shall be construed to prevent the owner of real property

used by the public for the purposes of vehicular travel, by permission of the owner and not as a

matter of right, from prohibiting such use nor from requiring other, different, or additional

conditions from those specified or otherwise regulating the use thereof by such owner.

The Winnebago Traffic Code shall be applicable and uniform throughout the Winnebago

Reservation. [TCR 86-31, 86-79, 03-172, Same as Neb Rev. Stat. 60-6,108]

Section 6-713 Drivers to exercise due care with pedestrian; audible signal. Notwithstanding the

other provisions of the Winnebago Tribal Code, every driver of a vehicle shall exercise due care to avoid

colliding with any pedestrian upon any roadway and shall give an audible signal when necessary and shall

exercise proper precaution upon observing any child or obviously confused or incapacitated person upon

a roadway. A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172,

Same as Neb Rev. Stat. 60-6,109]

Section 6-714 Obedience to peace officers; violation; penalty.

Any person who knowingly fails or refuses to obey any lawful order of any peace officer who is

controlling or directing traffic shall be guilty of a Level I penalty.

Any person who knowingly fails to obey any lawful order of a peace officer shall be guilty of a

Level II penalty whenever such order is given in furtherance of the apprehension of a person who

has violated the Winnebago Tribal Code or of a person whom such officer reasonably believes

has violated the rules. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,110]

NOTE: The language of subsection (2) has been changed by the Code Specialist to retain the

intention of the Winnebago 1989 and Nebraska 1994 amendments.

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Section 6-715 Failing to observe a blind person; penalty.

A person commits the offense of failing to observe a blind person if, as an operator of any vehicle

or other conveyance, he/she fails to:

Give special consideration to the bearer of a white cane or user of a guide dog; and

Stop and remain when approaching such bearer until such time as the bearer has safely

reached a position well outside the course normally used by the operator of the vehicle or

other conveyance.

Failure to observe a blind person is a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 28-1314]

Section 6-716 Persons riding animals or driving animal-drawn vehicles; farm implements; duties.

Any person who rides an animal or drives an animal-drawn vehicle, a farm tractor, or an

implement of husbandry upon a roadway shall be granted all of the rights and shall be subject to

all of the duties made applicable to the driver of a vehicle by the Winnebago Traffic Code except

those provisions of the rules which by their very nature can have no application.

Whenever the slowness of such animal, animal-drawn vehicle, farm tractor, or implement of

husbandry is obstructing the normal flow of traffic, the rider or driver shall drive to the nearest

available shoulder of the highway and allow traffic to pass.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,111]

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Section 6-717 Interference with official traffic control devices or railroad signs or signals;

prohibited; liability in civil action.

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down,

or remove any traffic control device, any railroad sign or signal, or any part of such a device,

sign, or signal.

Any person who moves, alters, damages, or destroys warning devices placed upon roads which

any local authority or its representative has closed in whole or in part for the protection of the

public or for the protection of the highway from damage during construction, improvement, or

maintenance operation and thereby causes injury or death to any person or damage to any

property, equipment, or material thereon shall be liable for the full or allocated amount of such

death, injury, or damage, and such amount may be recovered by the injured or damaged party or

his/her legal representative in a civil action brought in any Court of competent jurisdiction.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,129]

Section 6-718 Signs, markers, devices, or notices; prohibited acts; penalty.

Any person who willfully or maliciously shoots upon the public highway and injures, defaces,

damages, or destroys any signs, monuments, road markers, traffic control devices, traffic

surveillance devices, or other public notices lawfully placed upon such highways shall be guilty

of a Level II violation.

No person shall willfully or maliciously injure, deface, alter, or knock down any sign, traffic

control device, or traffic surveillance device.

It shall be unlawful for any person, other than duly authorized authorities to remove any sign,

traffic control device, or traffic surveillance device placed along a highway for traffic control,

warning, or informational purposes by official action of the department, county, or municipality.

It shall be unlawful for any person to possess a sign or device which has been removed in

violation of this subsection.

Any person violating subsection (2) or (3) of this Section shall be assessed liquidated damages in

the amount of the value of the sign, traffic control device, or traffic surveillance device and the

cost of replacing it. A violation of this Section shall also be a Level I penalty. [TCR 86-31,

86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,130]

Section 6-719 Motor vehicle; motorcycle; lights; requirements; prohibited acts.

Every motor vehicle upon a roadway or highway within the Winnebago Reservation during the

period from sunset to sunrise and at any other time when there is not sufficient light to render

clearly discernible persons or vehicles upon the highway at a distance of five hundred feet ahead

shall be equipped with lighted headlights and taillights as respectively required in this Section for

different classes of vehicles.

Every motor vehicle, other than a motorcycle, a road roller, or road machinery, shall be equipped

with two or more headlights, at the front of and on opposite sides of the motor vehicle.

Every motor vehicle and trailer, other than a motorcycle, a road roller, or road machinery, shall be

equipped with one or more taillights, at the rear of the motor vehicle or trailer, exhibiting a red

light visible from a distance of at least five hundred feet to the rear of such vehicle.

Every motorcycle shall be equipped with at least one and not more than two headlights and with a

taillight exhibiting a red light visible from a distance of at least five hundred feet to the rear of

such motorcycle.

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The requirement in this Section as to the distance from which lights must render obstructions

visible or within which lights must be visible shall apply during the time stated in this Section

upon a straight, level, unlighted highway under normal atmospheric conditions.

It shall be unlawful for any owner or operator of any motor vehicle to operate such vehicle upon a

highway unless:

The condition of the lights and electric circuit is such as to give substantially normal light

output;

Each taillight shows red directly to the rear, the lens covering each taillight is unbroken,

each taillight is securely fastened, and the electric circuit is free from grounds or shorts;

There is no more than one spotlight except for law enforcement personnel, government

employees, and public utility employees;

There are no more than two auxiliary driving lights and every such auxiliary light meets

the requirements for auxiliary driving lights provided in Section 6-727;

If equipped with any lighting device, other than headlights, spotlights, or auxiliary

driving lights, which projects a beam of light of an intensity greater than twenty-five

candlepower, such lighting device meets the requirements of subsection (4) of Section

6-727; and

If equipped with side cowl or fender lights, there are no more than two such lights and

each such side cowl or fender light emits an amber or white light.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,219]

Section 6-720 Lights; vehicle being driven. Whenever a motor vehicle is parked or stopped upon a

roadway or shoulder adjacent thereto, whether attended or unattended, during the times mentioned in

Section 6-721, such vehicle shall be equipped with one or more lights which shall exhibit a light in such

color as designated by the local authorities on the roadway side visible from a distance of five hundred

feet to the front of such vehicle and a red light visible from a distance of five hundred feet to the rear,

except that a local authority may provide by ordinance that no lights need be displayed upon any such

vehicle when stopped or parked in accordance with local parking regulations upon a highway where there

is sufficient light to reveal any person or obstruction within a distance of five hundred feet upon such

highway. Any lighted headlights upon a parked vehicle shall be depressed or dimmed and turn signals

shall not be flashed on one side only. A violation of this Section shall be a Level I penalty. [TCR 86-31,

86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,220]

Section 6-721 Headlights; construction; adjustment; requirements.

The headlights of motor vehicles shall be so constructed, arranged, and adjusted that, except as

provided in subsection (2) of this Section, they will at all times mentioned in Section 60-6,219

produce a driving light sufficient to render clearly discernible a person two hundred feet ahead,

but the headlights shall not project a glaring or dazzling light to persons in front of such

headlights.

Headlights shall be deemed to comply with the provisions prohibiting glaring and dazzling lights

if none of the main bright portion of the headlight beam rises above a horizontal plane passing

through the light centers parallel to the level road upon which the loaded vehicle stands and in no

case higher than forty-two inches, seventy-five feet ahead of the vehicle. A violation of this

Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat.

60-6,221]

Section 6-722 Violations; penalty. Any person who shall violate any of the provisions of Sections 6737, 6-745, 6-721, 6-723, shall be guilty of a Level I penalty. In the event of such violation, the violator

may be required to produce in Court or submit to the prosecuting attorney, satisfactory proof showing that

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such brake or light equipment, as the case may be, involved in such person’s violation, has been made to

conform with the requirements of said Sections. The failure to abide by such direction or refusal or

neglect of such to conform with the brake equipment or light equipment requirements, as the case may be,

shall be deemed to be an additional offense and the violator shall subject to an additional Level I penalty

for failure to comply. [TCR 86-31, 86-79, 89-87, 95-28, 03-172, Same as Neb Rev. Stat. 6,222]

Section 6-723 Acetylene headlights; number; construction; requirements. Motor vehicles may be

equipped with two acetylene headlights of approximately equal candlepower when equipped with clear,

plain glass fronts, bright six-inch spherical mirrors, and standard acetylene five-eighths-foot burners, no

more and no less. A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87,

03-172, Same as Neb Rev. Stat. 60-6,223]

Section 6-724 Headlights; glare; duty of operator; penalty. Notwithstanding any other provision of

the Winnebago Traffic Code:

Whenever any person operating a motor vehicle on any roadway or highway in this jurisdiction

state meets another person operating a motor vehicle, proceeding in the opposite direction and

equipped with headlights constructed and adjusted to project glaring or dazzling light to persons

in front of such headlights, upon signal of either person, the other shall dim the headlights of

his/her motor vehicle or tilt the beams of glaring or dazzling light projecting therefrom downward

so as not to blind or confuse the vision of the operator in front of such headlights; and

Whenever any person operating a motor vehicle on any roadway or highway in this jurisdiction

state follows another vehicle within two hundred feet to the rear, he/she shall dim the headlights

of his/her motor vehicle or tilt the beams of glaring or dazzling light projecting therefrom

downward.

Any person, firm, or corporation who shall violate any of the provisions of this Section shall be

guilty of a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,224]

Section 6-725 Spotlights; auxiliary driving lights; signal lights; other devices; intensity and

direction.

Any motor vehicle may be equipped with spotlights as specified in Section 6-721, and every

lighted spotlight shall be so aimed and used upon approaching another vehicle that no part of the

beam will be directed to the left of the center of the highway nor more than one hundred feet

ahead of the vehicle.

Any motor vehicle may be equipped with not to exceed two auxiliary driving lights mounted on

the front at a height not less than twelve inches nor more than forty-two inches above the level

surface on which the vehicle stands, and every such auxiliary driving light shall meet the

requirements and limitations set forth in Section 6-225. The restrictions on mounting height

provided in this subsection shall not apply to any motor vehicle equipped with a blade, plow, or

any other device designed for the movement of snow. Auxiliary driving lights shall be turned off

at the same time the motor vehicle’s headlights are required to be dimmed when approaching

another vehicle from either the front or the rear.

Whenever a motor vehicle is equipped with a signal light, the signal light shall be so constructed

and located on the vehicle as to give a signal which shall be plainly visible in normal sunlight

from a distance of one hundred feet to the rear of the vehicle but shall not project a glaring or

dazzling light.

Any device, other than headlights, spotlights, or auxiliary driving lights, which projects a beam of

light of an intensity greater than twenty-five candlepower shall be so directed that no part of the

beam will strike the level of the surface on which the vehicle stands at a distance of more than

fifty feet from the vehicle.

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A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,225]

Section 6-726 Parking lights; unlawful use. It shall be unlawful for any person to drive on any of the

roadways or highways of this jurisdiction with only parking lights turned on. A violation of this Section

shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,227]

Section 6-727 Vehicle proceeding in forward motion; backup lights on; prohibited; violation;

penalty. No vehicle shall be operated while proceeding in a forward motion with the backup lights on

when the vehicle is being operated on the highways. A violation of this Section shall be a Level I penalty.

[TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,228]

Section 6-728 Lights, red or green, in front of vehicle prohibited; exceptions. Except as provided in

Sections 6-731 to 6-733, it shall be unlawful for any person to drive or move any vehicle upon a highway

with any red or green light thereon visible from directly in front thereof. This Section shall not apply to

police or fire department or fire patrol vehicles or school buses. A violation of this Section shall be a

Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,229]

Section 6-729 Lights; rotating or flashing; colored lights; when permitted.

Except as provided in Sections 6-731 to 6-733 and subsections (4) and (5) of this Section, no

person shall operate any motor vehicle or any equipment of any description on any roadway or

highway in this jurisdiction with any rotating or flashing light.

Except for stop lights and directional signals, which may be red, yellow, or amber, no person

shall display any color of light other than red on the rear of any motor vehicle or any equipment

of any kind on any highway within this jurisdiction.

Blue and green lights may be displayed on vehicles of the Military Department for purpose of

convoy control when on any state emergency mission.

A single flashing white light may be displayed on the roof of school transportation vehicles

during extremely adverse weather conditions.

Blue and amber rotating or flashing lights may be displayed on vehicles used for the movement of

snow when operated by the Department of Roads or any local authority.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,230]

Section 6-730 Flashing or rotating lights; emergency vehicles; colors permitted. A flashing or

rotating red light or red and white light shall be displayed on any emergency vehicle whenever operated

in this jurisdiction. A blue light may also be displayed with such flashing or rotating red light or red and

white light. For purposes of this Section, any publicly owned police, fire, or rescue vehicles and publicly

or privately owned ambulances and funeral escort vehicles shall be considered to be emergency vehicles.

A violation of this Section shall be a Level III penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb

Rev. Stat. 60-6,231]

Section 6-731 Rotating or flashing amber light; when permitted.

A rotating or flashing amber light or lights shall be displayed on the roof of any motor vehicle

being operated by any rural mail carrier outside the corporate limits of any municipality in this

state on or near any highway in the process of delivering mail.

A rotating or flashing amber light or lights may be displayed on (a) any vehicle of the Military

Department while on any state emergency mission; (b) any motor vehicle being operated by any

public utility, vehicle service, or towing service or any publicly or privately owned construction

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or maintenance vehicle while performing its duties on or near any highway; (c) any motor vehicle

being operated by any member of the Civil Air Patrol; (d) any pilot vehicle escorting an overdimensional load; or (e) any vehicle while actually engaged in the moving of houses, buildings,

or other objects of extraordinary bulk.

A violation of this Section shall be a Level III penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,232]

Section 6-732 Rotating or flashing red light or red and blue lights; when permitted; application;

permit; expiration.

A rotating or flashing red light or lights or such light or lights in combination with a blue

light or lights may be displayed on any motor vehicle operated by any volunteer

firefighter or peace officer anywhere in this state while actually en route to the scene of a

fire or other emergency requiring his/her services as a volunteer firefighter or peace

officer but only after its use has been authorized in writing by the county sheriff.

Application for a permit to display such light shall be made in writing to the sheriff on

forms to be prescribed and furnished by the Nebraska Superintendent of Law

Enforcement and Public Safety. The application shall be accompanied by a statement

that the applicant is a volunteer firefighter or peace officer and is requesting issuance of

the permit. The statement shall be signed by the applicant’s superior.

The permit shall be carried at all times in the vehicle named in the permit. Each such

permit shall expire on December 31 of each year and shall be renewed in the same

manner as it was originally issued.

The sheriff may at any time revoke such permit upon a showing of abuse thereof or upon

receipt of notice from the applicant’s superior that the holder thereof is no longer an

active volunteer firefighter or peace officer. Any person whose permit has been so

revoked shall upon demand surrender it to the sheriff or his or her authorized agent.

A rotating or flashing red light or lights or such light or lights in combination with a blue light or

lights may be displayed on any motor vehicle being used by rescue squads actually en route to, at,

or returning from any emergency requiring their services, or by any privately owned wrecker

when engaged in emergency services at the scene of an accident, or at a disabled vehicle, located

outside the city limits of a city of the metropolitan or primary class, but only after its use has been

authorized in writing by the county sheriff. Applications shall be made and may be revoked in

the same manner as for volunteer firefighters as provided in subsection (1) of this Section.

A violation of this Section shall be a Level III penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,233]

Section 6-733 Rotating or flashing lights; violation; penalty. Any person who violates any provision

of Sections 6-730 to 6-734 shall be subject to a Level III penalty and shall also be ordered to remove from

any vehicle or equipment any light found to be in violation of such sections. [TCR 86-31, 86-79, 89-87,

03-172, Same as Neb Rev. Stat. 60-6,234]

Section 6-734 Clearance lights; requirements; substitution; violations; penalty.

Every vehicle, including road rollers, road machinery, combines, farm machinery, wagons, racks,

and farm tractors, (a) having a width, including load, of eighty inches or more or (b) having any

part thereof or having any load thereupon which extends forty inches or more to the left of the

center of the chassis shall display, when driven, pulled, operated, or propelled upon any highway

during the period from sunset to sunrise and at all other times when there is not sufficient light to

render such vehicle clearly discernible, two clearance lights on the left side of such vehicle.

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One clearance light shall be located at the front and display an amber light which is visible, under

normal atmospheric conditions, from a distance of three hundred feet to the front of such vehicle.

The other clearance light shall be located at the rear and display a red light which is visible, under

normal atmospheric conditions, from a distance of three hundred feet to the rear of the vehicle.

The light at the rear shall be so located as not to be confused with the taillight by those

approaching from the rear.

Such lights shall be located on a line with the extreme outer point of such vehicle or the load on

the vehicle. The installation of the lights shall be made in such a manner that no hazard will be

created by their use on the highway.

Suitable reflectors of like color and equal visibility may be substituted for such clearance lights.

Any person who violates any provision of this Section shall be subject to a Level I penalty. In the

event of such a violation, as part of the penalty, the person may be directed to produce in Court or

submit to the prosecuting attorney satisfactory proof showing that the light equipment involved in

the person’s violation has been made to conform with the requirements of this Section. The

failure, refusal, or neglect of the violator to abide by such direction shall be deemed an additional

offense for which the person shall be subject for an additional Level I penalty. [TCR 86-31,

86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,235]

Section 6-735 Vehicles required to have clearance lights; flares; reflectors; when required as

equipment. Any vehicle required by Section 6-736 to have clearance lights, while operating on the

highways during the period from sunset to sunrise, shall at all times be equipped with at least three

portable flares, or red emergency reflectors referred to in Section 6-738, which may be plainly visible for

a distance of five hundred feet. A violation of this Section shall be a Level II penalty. [TCR 86-31,

86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,236]

Section 6-736 Vehicles required to have clearance lights; flares; reflectors; how and when

displayed. The operator of any vehicle required by Section 6-736 to have clearance lights shall,

immediately upon bringing his/her vehicle to a stop upon or immediately adjacent to the traveled portion

of the highway at any time during the period from sunset to sunrise, (1) place one lighted flare or one red

emergency reflector at the side of such vehicle just inside the white line marking the center of paved

highways and near the center of dirt or gravel highways; (2) place one lighted flare or one red emergency

reflector approximately one hundred feet to the rear of such vehicle; and (3) place one lighted flare or one

red emergency reflector approximately one hundred feet to the front of such vehicle. The operator shall

maintain such lighted flares or red emergency reflectors in such positions during the time such vehicle

remains parked, except that motor vehicles transporting flammables shall be required to use two flares or

two red emergency reflectors to be placed as described in this Section to the front and rear but shall not be

permitted to place open flame flares adjacent to such vehicles. [TCR 86-31, 86-79, 03-172, Same as Neb

Rev. Stat. 60-6,237]

Section 6-737 Vehicles; red flags; red emergency reflectors; when required as equipment; how

and when displayed.

Except as provided in subsection (2) of this Section, between one-half hour before sunrise and

one-half hour after sunset, any vehicle described in Section 6-737 shall be equipped with two red

flags, and when the vehicle is parked, one flag shall be placed one hundred feet behind and the

other one hundred feet ahead of such vehicle and in such position as to be visible to all

approaching traffic during the daylight hours.

In lieu of the requirements of subsection (1) of this Section, such a vehicle may be equipped with

three red emergency reflectors. One of the reflectors shall be placed alongside the vehicle on the

traffic side and within ten feet of the front or rear of the vehicle. When there is two-way traffic,

one reflector shall be placed one hundred feet ahead of the vehicle and one shall be placed one

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hundred feet behind the vehicle. When there is only one-way traffic, one reflector shall be placed

one hundred feet and one two hundred feet behind the vehicle.

A violation of this Section shall be a Level II penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,238]

Section 6-738 Clearance lights, flares, and reflector requirements; violations; penalty. Any person

who violates any provision of Sections 6-737 to 6-739 shall be subject to a Level II penalty. [TCR 86-31,

86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,239]

Section 6-739 Removing flares or flags; penalty. Any person who willfully removes any flares or red

flags placed upon the highways under the provisions of Sections 6-737 to 6-739 before the driver of such

vehicle is ready to proceed immediately on the highway shall be subject to a Level II penalty. [TCR

86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,240]

Section 6-740 Vehicles; slow moving; emblem required; when used.

It shall be unlawful for any person to operate on the roadway of any highway any slow-moving

vehicle or equipment, any animal-drawn vehicle, or any other machinery, designed for use at

speeds less than twenty-five miles per hour, including all road construction or maintenance

machinery except when engaged in actual construction or maintenance work either guarded by a

flag person or clearly visible warning signs, which normally travels or is normally used at a speed

of less than twenty-five miles per hour unless there is displayed on the rear thereof an emblem as

described in and displayed as provided in subsection (2) of this Section. The requirement of such

emblem shall be in addition to any lighting devices required by law. The emblem shall not be

displayed on objects which are customarily stationary in use except while being transported on

the roadway of any highway.

The emblem shall be of substantial construction and shall be a base-down equilateral triangle of

fluorescent yellow-orange film with a base of fourteen inches and an altitude of twelve inches.

Such triangle shall be bordered with reflective red strips having a minimum width of one and

three-fourths inches, with the vertices of the overall triangle truncated such that the remaining

altitude shall be a minimum of fourteen inches. The emblem shall comply with the current

standards and specifications for slow-moving vehicle emblems of the American Society of

Agricultural Engineers. Such emblem shall be mounted on the rear of such vehicle at a height of

two to six feet above the roadway and shall be maintained in a clean, reflective condition. This

Section shall not apply to an electric personal assistive mobility device.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,241]

Section 6-741 Vehicles; slow moving; emblem; how equipped; penalty. All vehicles, equipment, or

machinery sold in the State of Nebraska after January 1, 1968, and required to display the emblem

provided for in Section 6-742, shall be equipped with a bracket on which such emblem may be mounted.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb

Rev. Stat. 60-6,242] NOTE: TCR 89-87 adds penalty.

Section 6-742 Load projecting to rear; red flag or red light required. Whenever the load on any

vehicle extends more than four feet beyond the rear of the bed or body thereof, there shall be displayed at

the end of such load in such position as to be clearly visible at all times from the rear of such load a red

flag not less than twelve inches both in length and width, except that between sunset and sunrise, there

shall be displayed at the end of any such load a red light plainly visible under normal atmospheric

conditions at least two hundred feet from the rear of such vehicle. A violation of this Section shall be a

Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same as Neb Rev. Stat. 60-6,243]

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Section 6-743 Motor vehicles; brakes; requirements.

Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to

control the movement of and to stop and to hold such vehicle, including two separate means of

applying the brakes, each of which means shall be effective to apply the brakes to at least two

wheels and so constructed that no part which is liable to failure shall be common to the two,

except that a motorcycle shall be required to be equipped with only one brake. All such brakes

shall be maintained at all times in good working order.

It shall be unlawful for any owner or operator of any motor vehicle, other than a motorcycle, to

operate such motor vehicle upon a highway unless the brake equipment thereon qualifies with

regard to maximum stopping distances from a speed of twenty miles per hour on dry asphalt or

concrete pavement free from loose materials as follows:

Two-wheel brakes, maximum stopping distance, forty feet;

Four or more wheel brakes, vehicles up to seven thousand pounds gross weight,

maximum stopping distance, thirty feet;

Four or more wheel brakes, vehicles seven thousand pounds or more gross weight,

maximum stopping distance, thirty-five feet;

All hand, parking, or emergency brakes, vehicles up to seven thousand pounds gross

weight, maximum stopping distance, fifty-five feet; and

All hand, parking, or emergency brakes, vehicles seven thousand pounds or more gross

weight, maximum stopping distance, sixty-five feet.

All braking distances specified in this Section shall apply to all vehicles whether unloaded or

loaded to the maximum capacity permitted by law.

The retarding force of one side of the vehicle shall not exceed the retarding force on the opposite

side so as to prevent the vehicle stopping in a straight line.

A violation of this Section shall be a Level I penalty. [TCR 86-31, 86-79, 89-87, 03-172, Same

as Neb Rev. Stat. 60-6,244]

Section 6-744 Trailers; brake requirements; safety chains; when required.

All commercial trailers with a carrying capacity of more than ten thousand pounds and semitrailers shall be equipped on each wheel with brakes that can be operated from the driving

position of the towing vehicle.

Cabin trailers and recreational trailers having a gross loaded weight of three thousand pounds or

more but less than six thousand five hundred pounds shall be equipped with brakes on at least two

wheels, and such trailers with a gross loaded weight of six thousand five hundred pounds or more

shall be equipped with brakes on each wheel. The brakes shall be operable from the driving

position of the towing vehicle. Such trailers shall also be equipped with a breakaway, surge, or

impulse switch on the trailer so that the trailer brakes are activated if the trailer becomes

disengaged from the towing veh

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.