Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 250 - NEBRASKA ADMINISTRATIVE CODE
Chapter 3 - RULES AND REGULATIONS GOVERNING DEPARTMENT OF MOTOR VEHICLES APPROVAL OF DRIVER'S SAFETY TRAINING PROGRAMS AS PRETRIAL DIVERSION PURSUANT TO NEB. REV. STAT. SECTIONS 29-3601 THROUGH 29-3609
Section 250-3-010 - PROHIBITED PRACTICES
Current through September 17, 2024
Under any circumstances, a provider shall not:
010.01 Allow any individual to attend a driver's safety training program, if the individual holds a commercial driver's license as provided in the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) as amended by the Motor Carrier Safety Improvement Act of 1999 (MCSIA), and federal regulations issued pursuant to such acts found in 49 CFR Parts 350, 383, 384 and 390.
( 49 CFR § 384.226 Prohibition on masking convictions. The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.)
010.02 Allow any individual to attend a driver's safety training program, if the individual seeks to divert any offense other than a minor traffic offense as defined in these rules and regulations.
010.03 Allow any individual to attend a driver's safety training program without first checking the provider's own records and the records of other providers in Nebraska to determine if the individual has previously attended a driver's safety training program within a three-year (3-year) period prior to the date of the driver's citation for which the driver previously attended a program. The provider shall not allow the individual to attend if he or she has previously attended a driver's safety training program within the three-year (3-year) period.
010.04 A provider shall not conduct any diversion programs for minor traffic violations outside of programs approved by these rules and regulations and shall report any unapproved programs to the Department immediately.
010.05 Violations
Violations shall be reported to the Attorney General of the State of Nebraska.
