Sec 28-702.01. Urbanized areas; waste of a finite resource; civil penalties  


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  • A. If the maximum speed limit on a public highway in this state is fifty-five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is sixty-five miles per hour or less, the offense is designated as the waste of a finite resource and is a civil traffic violation subject to subsection B of this section.

    B. If a person is found responsible for a civil traffic violation pursuant to subsection A of this section:

    1. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.

    2. An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer and shall not cancel or refuse to renew a policy of insurance because of the violation.

    3. The civil penalty shall not exceed fifteen dollars plus the surcharges imposed pursuant to sections 12-116.01 and 12-116.02.

    4. A report shall not be made under section 28-1559, subsection B.

    C. If the maximum speed limit on a public highway in this state is fifty-five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is more than sixty-five miles per hour, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28-1598.

    D. This section does not apply to an interstate system highway located outside of an urbanized area, as defined in section 28-702.04, with a population of fifty thousand or more persons.