§ 72.05  MOPEDS.
   (A)   Definition. For the purposes of this section, MOPED shall mean a bicycle with fully operative pedals for propulsion by human power, an automatic transmission and a motor with a cylinder capacity not exceeding 50 cubic centimeters which produces no more than two brake horsepower and is capable of propelling the bicycle at a maximum design speed of no more than 30 mph on level ground. Mopeds, their owners and their operators shall be subject to Neb. RS Ch. 60, Art. 6 and amendments thereto.
(Prior Code, § 5-801)
   (B)   Operator’s license required. No person shall operate a moped upon the streets, alleys or public highways of the municipality unless such person has a:
      (1)   Valid Class O operator’s license; or
      (2)   A valid school or learner’s permit.
(Prior Code, § 5-802)
   (C)   Rules of the Road; applicable.
      (1)   Any person who rides a moped upon a roadway shall have all the rights and shall be subject to all of the duties applicable to the driver of a motor vehicle under the Nebraska Rules of the Road, except for special moped regulations in the rules and except for those provisions of the rules which, by their nature, can have no application.
      (2)   Regulations applicable to mopeds shall apply whenever a moped shall be operated upon any street, alley or public highway within the municipality or upon any path set aside by the Department of Roads or local authority for the use of mopeds.
(Prior Code, § 5-803)
   (D)   Operation.
      (1)   Any person who operates a moped shall ride only upon a permanent and regular seat attached thereto and shall not carry any other person, nor shall any other person ride on a moped unless such moped is designed by the manufacturer to carry more than one person.
      (2)   A person shall ride upon a moped only while sitting astride the seat, facing forward. Further, no person shall operate a moped while carrying any package, bundle or other article which prevents him or her from keeping both hands on the handlebars.
      (3)   No operator shall carry any person, nor shall any person ride, in a position that interferes with the operation or control of the moped or the view of the operator.
      (4)   Any moped which carries a passenger shall be equipped with footrests for such passenger.
      (5)   No person who rides upon a moped shall attach himself or herself or the moped to any vehicle on a roadway.
(Prior Code, § 5-804)
   (E)   Operating on roadways laned for traffic; prohibited acts.
      (1)   A moped shall be entitled to full use of a traffic lane of any street or highway with an authorized speed limit of 45 mph or less and no vehicle shall be operated in such a manner as to deprive any moped of the full use of such lane; except that, mopeds and motorcycles may be operated two abreast in a single lane.
      (2)   No person shall operate a moped between lanes of traffic or between adjacent lines or rows of vehicles.
      (3)   Mopeds shall not be operated more than two abreast in a single lane.
      (4)   Any person who operates a moped on a roadway with an authorized speed limit of more than 45 mph shall ride as near to the right side of the roadway as practicable and shall not ride more than single file.
      (5)   No person who rides on a moped shall attach himself, herself or the moped to any other vehicle on the roadway.
      (6)   Mopeds shall not be operated on sidewalks.
      (7)   Notwithstanding the maximum speed limits in excess of 25 mph established in Neb. RS 60-6,186, no person shall operate any moped at a speed in excess of 30 mph.
(Prior Code, § 5-805)
   (F)   Protective helmets required. A person shall not operate or be a passenger on a moped on any highway in the state unless such person is wearing a protective helmet of the type and design manufactured for use by operators of such vehicles and unless such helmet is secured properly on his or her head with a chin strap while the vehicle is in motion. All such protective helmets shall be designed to reduce injuries to the user resulting from head impacts and shall be designed to protect the use by remaining on the user’s head, deflecting blows, resisting penetration and spreading the force of impact. Each such helmet shall consist of lining, padding and chin strap and shall meet or exceed the standards established in the United States Department of Transportation’s Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. § 571.218, for moped helmets.
(Prior Code, § 5-806)
Penalty, see § 10.99
Statutory reference:
   Related provisions, see Neb. RS 60-637, 60-6,278 through 60-6,282, 60-6,310, 60-6,311, 60-6,312, 60-6,313