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AGO Opinion 81076

Studded snow tire use.
Opinion 81076

SUBJECT:
Studded snow tire use.

REQUESTED BY:

David O. Coolidge, Director-State Engineer, Nebraska Department of Roads, P.O. Box 94759, Lincoln, Nebraska, 68509.

OPINION BY:

QUESTION:
Paul L. Douglas, Attorney General; Robert G. Avey, Assistant Attorney General.

1. Since LB 619 of the 1980 Legislature does not go into effect for everyone until April 15, 1982, does the condition stated in the old law prevail before April 15, 1982, regarding studded or spiked tires not being permissible between the dates of April 16th to October 1st?

CONCLUSION:
1. Yes, except for school buses, mail carrier vehicles, and emergency vehicles.

QUESTION:

2. After the April 15, 1982, date, is the use of studded or spiked tires permissible to be driven on a year-around basis?

CONCLUSION:

2. Yes, provided the person was issued a permit for the use of studded or spiked tires.

Legislative Bill 619 of the 1980 Legislature provides in section 9 that sections 3 to 5, 8 and i0 of the act do not become operative until April 16, 1982. Section 3 of the act is the section which amends Neb. Rev. Stat. §39-6,131 (Reissue 1978) and section i0 of the act is the repealed provision directed toward §39-6,131, therefore, Neb. Rev. Stat. §39-6,131 (Reissue 1978) remains in effect until April 16, 1982. Since Neb. Rev. Stat. §39-6,131 (Reissue 1978) is in effect until April 16, 1982, studded tires are not permissible between April 16, 1981, and October i, 1981, unless a vehicle qualifies for the proviso of the statute which permits school buses, mail carrier vehicles and emergency vehicles to run studded type tires during this period.

Since LB 619 of the 1980 Legislature does not restrict as to dates the use of studded or spiked tires, those persons who are issued permits pursuant to Neb. Rev. Stat. §39-6,131.03 (1980 Supp.) may use the tires at all times.

Very truly yours,

PAUL L. DOUGLAS
Attorney General

Robert G. Avey
Assistant Attorney General