ATV Riding Laws – Nebraska

In Nebraska, the use of ATVs is regulated by the Department of Motor Vehicles. Chapter 60 of the Nebraska statutes imposes legal provisions for the operation of these vehicles.

An Overview of Nebraska State ATV Riding Laws

In summary, Nebraska laws require that:

  • All ATVs be titled
  • ATVs may not be driven on public streets or highways, unless for the purpose of crossing
  • Registration for on-road use is prohibited
  • ATVs that are used during the hours of darkness must have a lighted headlight and taillight from 30 minutes after sunset to 30 minutes before sunrise.

ATV Operating Regulations

Nebraska law prohibits ATVs from being ridden on state highways. Highways may be crossed, but only at an angle of 90 degrees to the highway and only where it is safe to do so. Both headlight and taillight of the ATV must be on when making the crossing.

ATVs used for farming may be used on a highway from sunrise to sunset. These vehicles must have the relevant license or farm permit to do so. When riding on a highway, these ATVs must show a lighted headlight and taillight, and must display a bicycle safety flag attached to the vehicle and extending five feet above the ground. The speed limit in this instance is 30mph.

In general, every ATV that is used at night is required to show lighted head and tail lights. These must also be switched on in daylight hours during periods of poor visibility.

Safety Provisions

The Nebraska statutes require that an ATV is fitted with:

  • Brakes that are in good working order
  • An effective muffler system
  • A spark arrestor approved by the U.S. Forest Service

The law prohibits certain modifications to an ATV:

  • Fitting a cutout, bypass or similar device to the exhaust system.
  • Removing or modifying the spark arrestor.

Statutory Violations

Any person who violates the law covering the use of an ATV will be liable for prosecution and penalty. If found guilty of a Class III misdemeanor for a first offense, and a Class II misdemeanor if a second offense is committed within a year of the first. The penalties imposed will be in accordance with the level of the misdemeanor.

Accident Reporting

An ATV rider involved in an accident that causes injury or fatality to any person, or which causes damage of over $1,000 must file a report with the Department of Roads within 10 days. This report will be kept on record and also sent to the Department of Motor Vehicles for further processing and action.

All reports of accidents made to peace officers or filed with a law enforcement agency must be open for public inspection. However, the contents of such a report may only be used for the purposes of prosecution under the statute governing the use of ATVs. No part of the report may be admissible as evidence in any other trial pursued privately for the recovery of damages.