Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS
Section 247-12-003 - DEFINITIONS
Current through March 20, 2024
003.01 Affiant the person who completes and signs an affidavit in front of a notary.
003.02 Applicant any person serving a fifteen-year license revocation sentence who has filed an application with the Department for a recommendation to the Board for a reprieve of the revocation.
003.03 Application the form prescribed by the Department upon which the applicant must request a recommendation and includes any other evidence filed by the applicant and/or any other person or agency.
003.04 Board the Nebraska Board of Pardons.
003.05 BrAC the breath alcohol concentration in a given amount of breath, expressed by a weight by volume (w/v) based upon grams of alcohol per 210 liters of breath (2100:1 ratio).
003.06 Date of the revocation order the date the revocation goes into effect pursuant to the judgment of the court in accordance with Neb. Rev. Stat. §§ 60-6,196 and 60-6,197.
003.07 Department the Nebraska Department of Motor Vehicles.
003.08 Director the Director of the Department or his or her delegate acting under the Director's authority.
003.09 Ignition interlock device a device that is designed to allow a driver to start a motor vehicle if the driver's BrAC is below the set point and to prevent the driver from starting the motor vehicle if the driver's BrAC is at or above the set point. The purpose of the ignition interlock device, as required by Neb. Rev. Stat. § 60-6,211.05 and approved by the Department in 250 NAC 1, is to measure the BrAC of the driver, to prevent the motor vehicle from being started if the BrAC exceeds a preset limit, and to deter and to record circumvention, tampering, disabling, bypassing, or altering in any way.
003.10 Ignition Interlock Permit (IIP) a permit issued to a driver which allows the driver to operate a motor vehicle or vehicles which is equipped with an ignition interlock device. The permitted uses of the driver's IIP shall be printed on the back of the IIP. An IIP will not confer CDL privileges.
003.11 License any license or permit to operate a motor vehicle issued under the laws of this state and includes the privilege to drive whether or not a person holds a valid license or permit.
003.12 Recommendation the written finding and conclusion of the Director based on the application. The recommendation is made to the Board, but is not binding on it.
003.13 Reprieve lessening the severity of a fifteen-year license revocation. A reprieve includes the possibility of restrictions on a license or ignition interlock permit (IIP) to operate a motor vehicle. The fifteen-year revocation remains in place. The reprieve allows the applicant to obtain an ignition interlock permit (IIP) to drive until the original fifteen-year license revocation has expired.
003.14 Revocation the termination by a court of competent jurisdiction or any formal action of the Department of a person's operator's license, which termination shall not be subject to renewal or restoration. At the expiration of the period of termination, the person may make application for a new license.
003.15 State-certified substance abuse counselor an individual certified by or licensed by the state of Nebraska in compliance with the Alcohol and Drug Counseling Practice Act (Neb. Rev. Stat. § 38-301 et. seq.).
003.16 State-certified substance abuse program a program certified by or licensed by the state of Nebraska in compliance with Title 203, Nebraska Administrative Code, Chapter 5.
