60-6,219. Motor vehicle; autocycle or motorcycle; lights; requirements; prohibited acts.

(1) Every motor vehicle upon a highway within this state 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.

(2) Every motor vehicle, other than an autocycle, 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. The headlights shall comply with the requirements and limitations set forth in sections 60-6,221 and 60-6,223.

(3) Every motor vehicle and trailer, other than an autocycle, 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.

(4) Every autocycle or 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 autocycle or motorcycle. The headlights shall comply with the requirements and limitations set forth in sections 60-6,221 and 60-6,223.

(5) 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.

(6) It shall be unlawful for any owner or operator of any motor vehicle to operate such vehicle upon a highway unless:

(a) The condition of the lights and electric circuit is such as to give substantially normal light output;

(b) 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;

(c) There is no more than one spotlight except for law enforcement personnel, government employees, and public utility employees;

(d) There are no more than two auxiliary driving lights and every such auxiliary light meets the requirements for auxiliary driving lights provided in section 60-6,225;

(e) 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 60-6,225; and

(f) 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.

Source

Cross References

Annotations

1. Violations

2. Not violations

3. Miscellaneous

1. Violations

Statute applied as to driving in fog in daytime. Becker v. Hasebroock, 157 Neb. 353, 59 N.W.2d 560 (1953).

If truck had no lights burning, it violated this section. Davis v. Spindler, 156 Neb. 276, 56 N.W.2d 107 (1952).

It is unlawful to operate automobile on highway at night without appropriate lights. Segebart v. Gregory, 156 Neb. 261, 55 N.W.2d 678 (1952).

Where truck was involuntarily stopped on highway and driver left same without lights more than one-half hour after sunset, there was evidence of negligence. Plumb v. Burnham, 151 Neb. 129, 36 N.W.2d 612 (1949).

Leaving car standing on highway at night without lights constitutes violation of this section. Remmenga v. Selk, 150 Neb. 401, 34 N.W.2d 757 (1948).

Where a vehicle is equipped with two taillights, subsection (6) of this section requires both taillights to give substantially normal light output and to show red directly to the rear. State v. Burns, 16 Neb. App. 630, 747 N.W.2d 635 (2008).

2. Not violations

This section did not apply where automobile was disabled because of reasons beyond control of operator. Haight v. Nelson, 157 Neb. 341, 59 N.W.2d 576 (1953).

Road rollers and road machinery are specifically exempted from displaying red lights. Miller v. Abel Construction Co., 140 Neb. 482, 300 N.W. 405 (1941).

Act does not require display of red tail light on parked automobile. McGaffey v. Blosser, 129 Neb. 371, 261 N.W. 565 (1935).

3. Miscellaneous

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).

Trial court did not err in failing to give instruction upon effect of this section. Clark v. Smith, 181 Neb. 461, 149 N.W.2d 425 (1967).

Violation of statute is evidence of negligence. Guerin v. Forburger, 161 Neb. 824, 74 N.W.2d 870 (1956).

Instruction on particular requirements of this section was not required. Segebart v. Gregory, 160 Neb. 64, 69 N.W.2d 315 (1955).

Death arising from violation of this section may constitute manslaughter. Vaca v. State, 150 Neb. 516, 34 N.W.2d 873 (1948).

Failure to display clearance lights and a tail light on rear of truck was not a contributory cause of accident when truck was seen by driver of other car in ample time to avoid collision. Hief v. Roberts Dairy Co., 138 Neb. 885, 296 N.W. 331 (1941).