Ever glanced at your phone at a red light? Most drivers have. But in Nebraska, that quick glance could cost you money.
Texting and driving laws confuse a lot of people. Honestly, that’s not surprising. Nebraska’s rules have some unusual quirks you won’t find in every state. Let’s break it all down together.
What Is Nebraska’s Texting Law?
Nebraska’s texting law bans drivers from reading, typing, or sending written messages while driving. This includes texts, emails, and social media posts. Simple enough, right?
The law covers more than just texting apps. It applies to any “wireless communication device.” That means phones, tablets, laptops, and even some GPS devices count.
So simple! But here’s where it gets interesting.
Basic Texting Laws in Nebraska
What Counts as Illegal Texting
Nebraska law says you can’t manually type or read text messages while your car is moving. This includes emails and instant messages too. It also covers browsing the internet on your phone.
Wondering if this applies to you? If you’re the driver and your car is on, even sitting at a stoplight, yes it does. The law defines “driving” as having your engine running, even during traffic stops.
Talking on the phone is different, though. You can still make voice calls while driving in Nebraska. Hands-free devices are totally fine for calls.
Stay with me here, because this next part surprises people.
Nebraska’s Secondary Offense Rule
Here’s the twist. Texting while driving is a “secondary offense” in Nebraska. That means a cop can’t pull you over just for texting.
Think of it like a seatbelt law in some states. An officer needs another reason to stop you first, like speeding or running a red light. Only then can they add a texting ticket.
Not sure what that means in real life? Basically, you won’t get pulled over for texting alone. But if you’re weaving in your lane or speeding while texting, that’s a different story.
Honestly, this loophole is one of the biggest reasons Nebraska keeps trying to change the law. We’ll get to that in a minute.
Penalties and Consequences
Okay, pause. Read this part carefully, because the fines add up fast.
A first texting violation costs $200. A second offense costs $300. A third violation or more jumps to $500.
Each violation also adds three points to your driving record. Get enough points, and Nebraska can suspend your license. It’s similar to a speeding ticket, but the points stack quicker than you’d think.
Here’s a quick tip: insurance companies check these records. A texting ticket can raise your premiums for years. That fine you paid once could end up costing you way more over time.
Special Rules for Young and New Drivers
This part can be tricky, honestly, so pay attention if you have a teen driver at home.
Nebraska treats new drivers differently. Anyone with a learner’s permit, school permit, or provisional license can’t use any wireless device while driving. Not even hands-free calling.
That’s a much stricter rule than what applies to adult drivers. A 16-year-old with a provisional license literally cannot make a phone call while driving, hands-free or not.
Makes sense, right? New drivers need to focus completely on the road. Nebraska lawmakers wanted zero distractions for people still learning to drive safely.
Commercial and School Bus Drivers
Truckers and school bus drivers face tougher rules too. They can’t text or talk on a handheld phone while driving. This applies even to hands-free devices in many situations.
If you drive for work, check with your employer about the exact rules. Commercial driving regulations often go beyond the basic state law.
Why Nebraska Doesn’t Have a Full Hands-Free Law
Wait, it gets better. Or worse, depending on how you look at it.
Nebraska is one of only five states without a complete hands-free driving law. That means you can technically hold your phone to make a call, as long as you’re not texting.
Personally, I think this creates a lot of confusion. Drivers assume holding a phone is illegal. It’s not, unless you’re texting or you’re a novice driver.
Lawmakers have noticed this gap too. In recent sessions, Senator Jason Prokop introduced LB594. This bill would ban holding any handheld device while driving, not just texting.
What LB594 Would Change
Let’s talk about what this bill actually does. LB594 would make handheld phone use a primary offense. That means officers could stop you just for holding your phone.
It would also ban physically holding a device altogether, not just texting on it. You could still use hands-free features with a single touch, though.
As of early 2026, this bill has been debated in committee but has not become law yet. Supporters say Nebraska’s phone-use rate while driving is higher than the national average. Opponents, including the ACLU of Nebraska, raised concerns about enforcement and privacy.
Don’t worry, we’ll keep an eye on this. Laws like this tend to pass eventually once public pressure builds.
Special Circumstances and Exceptions
Not every situation breaks the law. Nebraska’s texting rule has built-in exceptions.
Emergency responders can use devices while performing official duties. This includes police officers, firefighters, and medical workers responding to calls.
Regular drivers also get an exception during emergencies. If you’re reporting a crash or calling 911, you’re not violating the law. Makes sense, since safety should always come first.
Using GPS navigation is generally allowed too, as long as you’re not manually typing an address while moving. Set your destination before you start driving. That one habit alone can save you a ticket.
How to Stay Compliant and Avoid Tickets
You’re not alone if this feels like a lot to remember. Here’s the simple version.
Don’t type or read texts while your car is moving, even at a stoplight. Use hands-free features for calls whenever possible. If you’re a new driver, avoid phone use entirely, even hands-free.
Set your GPS destination before you leave. Pull over safely if you need to send a message. It sounds basic, but this single habit prevents most violations.
Trust me, this works. A few seconds of patience beats a $200 fine and three points on your license.
What Happens If You Get a Ticket
So what happens if you break this law? First, expect a fine based on how many prior violations you have. Second, expect three points added to your license.
You can often contest a ticket in traffic court. Many drivers work with a traffic attorney to reduce points or fines. This is especially useful if you’re close to a license suspension.
A friend of mine got a texting ticket last year. She didn’t realize points from careless driving and texting can combine fast. She ended up in a diversion program to avoid a suspension. Don’t be caught off guard like she was.
Frequently Asked Questions
Can I get pulled over just for texting in Nebraska?
No, not directly. Texting is a secondary offense, so officers need another reason to stop you first, like speeding.
Is holding my phone illegal in Nebraska?
Not currently. Nebraska lacks a full hands-free law, so holding your phone for a call is legal unless you’re texting or a novice driver.
What’s the fine for a first texting offense?
The fine is $200 for a first violation. It increases to $300 for a second offense and $500 for additional violations.
Do hands-free devices count as texting?
No. Hands-free calling is allowed for most adult drivers, but texting through any method is still illegal.
Are new drivers held to different rules?
Yes. Drivers with a learner’s permit or provisional license cannot use any wireless device, including hands-free calling.
Will Nebraska pass a full hands-free law soon?
It’s possible. Bills like LB594 keep getting introduced, and public support for stricter rules is growing each year.
Final Thoughts
Nebraska’s texting laws are stricter than they seem, but they’re also full of gaps most drivers don’t expect. The secondary offense rule and lack of a hands-free law make this state a little different from its neighbors.
Now you know the basics. Stay informed, stay safe, and when in doubt, pull over before you pick up that phone.
References
- Nebraska Revised Statute ยง60-6,179.01, Nebraska Legislature – https://nebraskalegislature.gov/laws/statutes.php
- Nebraska Department of Motor Vehicles, Distracted Driving Information – https://dmv.nebraska.gov
- Unicameral Update, “Primary enforcement of texting while driving considered” – https://update.legislature.ne.gov
- Knowles Law Firm, “Everything You Need to Know About Nebraska’s Hands-Free Driving Law” – https://www.knowleslawfirm.com/nebraska-hands-free-driving-law-guide/
- Nebraska Legislature, LB594 Fiscal Note – https://nebraskalegislature.gov/FloorDocs/109/PDF/FN/LB594_20250221-115141.pdf
