Legislative Strategies
Below are key safety strategies that the Nebraska State Legislature can implement to enhance public safety and reduce traffic fatalities in Nebraska. Each one of the legislative strategies has research or a proven record in another state supporting its effectiveness. Many of these strategies are not new to Nebraska, as they have either been previously enacted as law or introduced to the State Legislature before. This list is meant to serve as a starting point to provide information and further the conversation.
Hands-Free Device Use while Driving
Prohibit handheld device use while driving and make enforcement a primary offense. Nebraska currently has a secondary offense ban on cell phone use while driving.
Justification: Studies show that secondary enforcement laws are not associated with reductions in traffic fatalities. 29 States have enacted primary enforcement hands-free laws, including many of our neighboring states, such as Iowa and Missouri. On average, states see reductions of 3-7% in all roadway fatalities. Distracted driving fatalities, in particular, have been seen to drop by 30-47% in some states after passing a primary enforced hands-free device law.
Primary Seatbelt Enforcement
Require all vehicle occupants to wear seatbelts and make enforcement a primary offense. Nebraska currently has only a secondary enforcement of seat belt use, which applies only to front seat occupants. The state does require all children under 8 years to be restrained with an appropriate child safety system.
Justification: Nebraska has the second-lowest seatbelt usage rate (77.3%) in the country, counting all states and territories, ahead of only Virginia and the U.S. Virgin Islands. The average seatbelt usage rate is 91.2% for the United States. In Nebraska, 63.8% of fatal crashes involved unrestrained occupants. States with primary seatbelt laws have observed seatbelt usage rates over 92% and lower fatality rates, compared to states with only secondary enforcement who have an average seat belt usage rate of 83%.
Motorcycle Helmets
Reinstate Nebraska’s universal motorcycle helmet requirement for all riders, regardless of age.
Justification: States with universal helmet laws have 37-40% lower motorcycle deaths and up to a 69% reduction in head injury risk compared to states without such laws. After Nebraska repealed its universal motorcycle helmet law, in the Lincoln and Omaha metro areas, motorcycle injuries increased by 110% and fatalities also rose.
Automated Enforcement
Authorize local governments to use speed and red-light cameras for automated traffic enforcement.
Justification: Many local enforcement agencies' resources are stretched thin, and automated enforcement can assist officers in upholding public safety while also keeping themselves out of harm's way. Speed safety cameras can reduce fatal and serious crashes by up to 58% at the locations where they are implemented and within their wider area of operation. Red-light running cameras are also highly effective, reducing fatal red-light running crashes by 21% and fatal crashes of all types by 14%.
Lower BAC Limit to 0.05% (from 0.08%)
Reduce the legal blood alcohol concentration limit for drivers to 0.05%.
Justification: The National Transportation Safety Board has recommended all states establish a BAC limit of 0.05% for all drivers. In Nebraska, alcohol use is related to 33% of all fatal crashes. After adopting a 0.05% BAC limit, Utah saw a 19.8% reduction in all fatal crash rates.