(A) Defined. 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. 4, and amendments thereto, but shall be exempt from the requirements of Neb. RS Ch. 60, Art. 1, 3, 5 and 17, and amendments thereto.
(1976 Code, § 5-503)
(B) Operator’s license required. No person shall operate a moped upon the streets, alleys or highways within the municipality unless such person has:
(1) A valid Class O operator’s license; or
(2) A valid school or learner’s permit.
(1976 Code, § 5-504)
(C) Traffic regulations applicable. 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 state’s 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. Such regulations applicable to mopeds shall apply whenever a moped is operated upon any street, alley or highway within the municipality or upon any path set aside by the Department of Roads or the municipality for the use of mopeds. Notwithstanding any established maximum speed limits in excess of 25 mph, no person shall operate any moped at a speed in excess of 30 mph.
(1976 Code, § 5-505)
(D) Operation.
(1) Any person who operates a moped shall ride only upon a permanent and regular seat attached to the moped. A person operating a moped 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.
(3) 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.
(4) 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.
(5) Any moped which carries a passenger shall be equipped with footrests for such passenger.
(1976 Code, § 5-506)
(E) Use of traffic lanes.
(1) A moped shall be entitled to full use of a traffic lane or any of any 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 upon a moped shall attach himself, herself or the moped to any other vehicle on a roadway.
(6) Mopeds shall not be operated on the sidewalks.
(1976 Code, § 5-507)
(F) Equipment. Any moped which carries a passenger shall be equipped with footrests for such passenger. No person shall operate any moped with handlebars more than 15 inches above the mounting point of the handlebars.
(1976 Code, § 5-508)
(Ord. 620, passed 8-23-1979; Ord. 1135, passed 2-6-1995; Ord. 1136, passed 2-6-1995; Ord. 1137, passed 2-6-1995) Penalty, see § 70.99
Statutory reference:
Related provisions, see Neb. RS 39-6,196, 39-6,203, 60-6,310, 60-6,311, 60-6,312, 60-6,313