Transportation and Telecommunications

Enhanced penalties proposed for uninsured drivers

The Transportation and Telecommunications Committee heard testimony Jan. 24 on a bill that would enhance penalties for uninsured drivers.

LB803, introduced by Omaha Sen. Scott Lautenbaugh, would require a driver who has been in a reported accident to provide an operator’s license and proof of insurance to police.

Under the bill, failure to have a valid certificate of insurance and operators license could result in a Class II misdemeanor and immediate impoundment of the vehicle. If the driver is not the registered owner of the vehicle, he or she could be required to pay the owner restitution fees incurred for impoundment.

A driver who has had prior convictions could be guilty of a Class I misdemeanor and could have his or her license revoked for up to one year.

“We have seen a rise in the number of drivers who have chosen not to carry insurance,” Lautenbaugh said. “This is a chronic problem in the parts of the state that I [represent].”

He said LB803 is targeting people who have been in a traffic accident, do not have a driver’s license or proof of insurance and are a “massive liability” to other drivers.

Jack Cheloha, a lobbyist for the city of Omaha, testified in support of the bill, saying 7,000 cases are filed in Omaha annually against uninsured drivers.

Based on the number of incidents filed, he said, the current law does not go far enough to deter people from driving uninsured.

Alan Peterson, attorney for the ACLU, testified in opposition to the bill, saying it proposes substantially increased criminal penalties.

“We do not need to keep adding to the number of days or years that citizens spend in jail,” Peterson said.

The committee took no immediate action on the bill.

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