163 Neb. Admin. Code, ch. 5, § 003
Under the provisions and authority of section 60-678, 60-680, 60-6,351, 606,375, 60-6,377, R.S.SUPP., 2002, the following regulations are adopted and promulgated by the Nebraska Game and Parks Commission. These rules and regulations are effective following enactment by the Game and Parks Commission, approval by the Attorney General and Governor, and when five days have elapsed since filing with the Secretary of State.
For purposes of this section, a Motorized Transportation Device is defined as any vehicle or device that may not be registered and licensed for operation on the highways of Nebraska, is propelled by other than muscular power, and is intended to transport or draw persons or property, excluding those used exclusively upon stationary rails or tracks, snowmobiles, mopeds, all-terrain vehicles and off-highway amphibious vehicles. Examples of Motorized Transportation Devices contemplated in this section include but, are not limited to, the following:
Electric Vehicle: A motorized vehicle that is powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electrical current;
Electric Personal Assistive Mobility Device: Any self-balancing, two, non-tandem-wheeled, device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour;
Farm Tractor: Any motorized device designed and used primarily as a farm implement drawing plows, mowing machines, and other implements of husbandry;
Golf Cart: Any motorized device designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour;
Low Speed Vehicle: Any multi-wheeled, electric- or gasoline-powered, device whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour;
Mini-bike: Any two-wheel motorized vehicle which has a total wheel and tire diameter of less than fourteen inches or an engine-rated capacity of less than forty-five cubic centimeters displacement or any other two-wheel motorized vehicle primarily designed by the manufacturer for off-road use only;
Motorized Disability Access Vehicle: A vehicle designed primarily for disabled individuals with normal upper body abilities and designed to be fueled by gasoline, travel on no more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters;
Motorized Scooter: Any motorized device not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and,
Utility Vehicle: A motorized vehicle designed and manufactured for general maintenance, security, and landscaping purposes, but the term does not include any vehicle designed or used primarily for the transportation of persons or property on a street or highway, or a golf cart, or an all-terrain vehicle.
The operation of motorized transportation devices in state parks, including on roads, trails and beaches, is prohibited, with the following exceptions:
Motorized devices operated by Commission employees engaged in the performance of their duties;
Motorized devices operated by disabled persons in possession of a valid written permit issued by the Commission;
Motorized devices operated by contracted volunteer park workers engaged in the performance of their duties;
Tractors operated on the beaches of Lake McConaughy and Lake Minatare with written permission from the Commission for the purposes of launching and recovering water craft and assisting stranded vehicles; and,
Motorized devices, excluding minibikes and motorized scooters, operated within the leased premises of concession areas and private cabin areas.
Motorized transportation devices shall not be operated within any portion of a state park area which has been marked off or otherwise posted as closed to motorized transportation device operation.
Any person operating a motorized transportation device within a state park area shall be at least sixteen years of age and shall have a valid motor vehicle operator's license. The valid motor vehicle operator's license requirement shall be waived for any disabled person operating an electric personal assistive device or motorized disability access vehicle, provided he or she possesses a valid written permit issued by the Commission, and wears a bicycle helmet that is professionally fitted, is securely fastened upon his or her head by a strap, and that meets nationally recognized standards for bicycle helmets.
Any person operating an authorized motorized device within the leased premises of a concession area or private cabin area shall be at least sixteen years of age and shall have a valid motor vehicle operator's license.
All traffic laws and state park regulations governing operation of motor vehicles on roadways of the state park system shall further apply to the operation of motorized transportation devices operated in state park areas.
Motorized transportation devices shall not be operated in any manner intended to or reasonably expected to harass, drive or pursue any wildlife.
No motorized transportation device as defined in this section may be operated within state park areas unless equipped with the following equipment:
A brake system maintained in good operating condition;
An adequate muffler system in good working order which blends the exhaust noise into the overall motorized vehicle noise and is in constant operation to prevent excessive or unusual noise. The exhaust shall not emit or produce a sharp popping or crackling sound;
A rearview mirror and red reflectorized warning devices in both the front and rear; and,
A bicycle safety flag which extends not less than five feet above ground attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and be day-glow in color.
It shall be unlawful for any person to drive or operate any motorized transportation device:
At a rate of speed greater than reasonable or proper under existing conditions;
In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto;
While under the influence of intoxicating liquor or narcotics or habit-forming drugs;
Between sunset and sunrise; and,
Without a day-glow bicycle safety flag that extends not less than five feet above ground attached to the rear of the vehicle.
163 Neb. Admin. Code, ch. 5, § 003