60-6,164. Stopping, parking, or standing upon a roadway, freeway, or bridge; limitations; duties of driver.

(1) 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.

(2) No person shall stop, park, or leave standing any vehicle on a freeway except in areas designated or unless so directed by a peace officer, except that when a vehicle is disabled or inoperable or the driver of the vehicle is ill or incapacitated, such vehicle shall be permitted to park, stop, or stand on the shoulder facing in the direction of travel with all wheels and projecting parts of such vehicle completely clear of the traveled lanes, but in no event shall such parking, standing, or stopping upon the shoulder of a freeway exceed twelve hours.

(3) No person, except law enforcement, fire department, emergency management, public or private ambulance, or authorized Department of Transportation or local authority personnel, shall loiter or stand or park any vehicle upon any bridge, 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.

(4) Whenever a vehicle is disabled or inoperable in a roadway or for any reason obstructs the regular flow of traffic for reasons other than an accident, the driver shall move or cause the vehicle to be moved as soon as practical so as to not obstruct the regular flow of traffic.

(5) This section does 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 until such time as it can be removed pursuant to subsection (4) of this section.

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Annotations

A prima facie violation of this section was shown by presenting evidence that the defendant stopped and left a truck standing on the highway, shifting the burden to the defendant to create a jury question by presenting evidence the truck was not stopped and left standing or it was not practicable to move the truck. Tapp v. Blackmore Ranch, Inc., 254 Neb. 40, 575 N.W.2d 341 (1998).

Evidence of violation of this section is evidence of negligence or contributory negligence. Horst v. Johnson, 237 Neb. 155, 465 N.W.2d 461 (1991).

One who claims that his vehicle was unavoidably stalled and disabled on the highway and that, therefore, the exception of subsection (4) of this section applies had the burden of proving that he comes within that exception. Porter v. Black, 205 Neb. 699, 289 N.W.2d 760 (1980).

Subsection (1) does not apply to disabled vehicles, if the driver thereof observes such requirement so far as he is able and weather permits. Vrba v. Kelly, 198 Neb. 723, 255 N.W.2d 269 (1977).