Nebraska Distracted Driving Law: Handheld Device Ban

Driving in Nebraska comes with one straightforward rule: keep both hands on the wheel and your eyes on the road. The Nebraska distracted driving law and handheld device prohibition bans using a phone while operating a vehicle, with only narrow exceptions for emergencies and fully stopped cars. As of 2026, the law remains a primary offense, meaning officers can pull you over just for holding a phone.

This isn't about banning technology or making life harder. It's about stopping a preventable cause of crashes. Texting or scrolling takes your eyes off the road for about five seconds, which at 55 mph means you've traveled the length of a football field blind.

Violations carry fines and points on your driving record.

What Nebraska’s Distracted Driving Law Actually Says

Nebraska's distracted driving law is codified under Revised Statute 60-6,179.01. The law makes it illegal for any driver to operate a motor vehicle while holding a portable wireless communications device. This includes phones, tablets, and any device used for texting, calling, or internet access.

The statute covers a wide range of activities. You cannot hold a phone to your ear for a call. You can't swipe through social media.

You can't dial a number by hand. Even holding the device while it's running a GPS app is a violation.

What counts as a "portable wireless communications device"? Essentially any phone or tablet you can hold in your hand. The key factor is whether you're holding it.

If the device is mounted and you can interact with it without holding it, you're generally in the clear.

The law applies to all drivers on all public roads in Nebraska. This includes city streets, highways, and rural roads. There are no zones where handheld use is permitted.

The Handheld Device Ban Explained Simply

The core of Nebraska's law is simple: don't hold your phone while driving. This means no gripping it with your hand, no balancing it on your lap, and no propping it against something you're touching.

But "hands-free" doesn't mean you can use any device however you like. The law requires the device to be mounted or secured in a way that doesn't require you to hold it. This typically means a dashboard mount, a windshield suction cup mount, or a built-in vehicle system.

How does this work in practice? If you want to use GPS, mount your phone on the dashboard. As long as the mount is secure and you don't touch the phone to change directions, you're compliant.

If you reach over and tap the screen, that's holding the device, which violates the law.

Voice commands change the equation. If your phone is mounted and you activate voice command, you can give spoken commands without touching the screen. The law considers this hands-free because your hands remain on the wheel.

However, you can't hold the phone to speak into it.

What’s Allowed vs. What’s Illegal While Driving

The line between legal and illegal often comes down to one question: are your hands on the device? If your fingers are touching the phone to activate it, change settings, or interact with it, you're likely violating the law.

Emergency calls are a common gray area. You can call 911 if you're experiencing a genuine emergency. But you can't hold the phone while doing so unless you're stopped in a safe location.

What about parked cars? If your vehicle is completely stopped and off the roadway, you can use your phone freely. But if you're stopped at a red light or in traffic, that's still considered driving.

Who the Law Applies To (And Exceptions)

Nebraska's handheld device ban applies to every driver on every public road. This includes teen drivers, commercial drivers, and experienced motorists. There are no age-based exemptions.

However, the law does have specific exceptions for certain groups and situations.

Emergency responders have the broadest exception. Police officers, firefighters, and paramedics can use handheld devices while responding to emergencies. This includes using phones for dispatch communication, navigating to incidents, and coordinating responses.

Commercial drivers have a narrower exception. CDL holders can use handheld phones, but only when the vehicle is completely stopped. They can't hold the phone while driving, even for work-related calls.

Penalties: Fines, Points, and Long-Term Costs

Violating Nebraska's distracted driving law carries real consequences. The penalties scale with repeated offenses and can affect your driving record, insurance rates, and even your ability to drive commercially.

A first-time violation is a Class II misdemeanor. The base fine is $200, but court costs and fees can bring the total to $300 or more. You'll also get three points on your driving record.

Repeat offenders face steeper fines. A second violation within five years costs $500. A third or subsequent violation can reach $1,000 in fines.

Each violation adds three points to your record.

How Nebraska’s Law Compares to Other States

Nebraska’s distracted driving law is stricter than some states but less so than others. The key difference is enforcement. Nebraska treats handheld device use as a primary offense, meaning police can pull you over for this alone.

Some states only enforce distracted driving as a secondary offense. In those places, officers must have another reason to stop you before citing you for phone use.

Here’s how Nebraska stacks up against neighboring states:

Nebraska is one of the few states in the region with a full handheld ban. Iowa and Missouri only prohibit texting while driving. Kansas and South Dakota have texting bans but no handheld restrictions.

Colorado matches Nebraska with a full handheld ban.

How to Stay Compliant Without Breaking the Habit

Breaking the phone habit starts with removing temptation. Put your phone in a bag, glove compartment, or center console before you start driving.

If you need navigation, set it up before you drive. Enter your destination while parked, then mount the phone where you can see it without holding it.

Voice commands are your friend. Use Siri, Google Assistant, or your car’s built-in system to make calls, send texts, or change music. Just make sure the phone is mounted and you’re not holding it to activate voice control.

For music or podcasts, use your car’s controls or steering wheel buttons. If your car doesn’t have these, consider a Bluetooth adapter that lets you control playback through the car’s audio system.

Common Mistakes That Still Get You Pulled Over

Holding your phone at a stoplight is still illegal. Many drivers think they’re safe when stopped, but Nebraska’s law applies whenever you’re in control of a vehicle on the road.

Using your phone in your lap is another common mistake. Even if you’re not looking at it, holding it in your lap counts as handheld use.

Tapping a mounted phone is also a violation. If your phone is on a dashboard mount but you reach over to change the GPS route or answer a call, you’re breaking the law.

Some drivers think they can use their phone if they’re going slow. Speed doesn’t matter. Whether you’re creeping in traffic or speeding down the highway, holding a phone is illegal.

What Happens If You’re Caught?

If an officer sees you holding a phone while driving, they can pull you over immediately. Nebraska’s law is a primary offense, so no other violation is needed. The officer will likely issue a citation on the spot.

You’ll receive a ticket with a court date. For a first offense, the fine is $200. You’ll also get three points on your driving record.

If you contest the ticket, you’ll need to appear in court. You can argue that you weren’t holding the phone or that you were using it legally. However, the burden of proof is on you.

Paying the fine is often the simplest option. You can usually pay online, by mail, or in person. If you don’t pay or appear in court, the fine can increase, and a warrant may be issued for your arrest.

Hands-Free Alternatives That Keep You Legal

Bluetooth headsets let you take calls without touching your phone. Pair it before driving and use voice commands to answer. Just keep one ear free for traffic sounds.

Dashboard mounts hold your phone in view for GPS. Choose a stable mount that doesn’t require adjustment while moving.

Real-World Scenarios: Are You Breaking the Law?

Stopped at a red light with phone in hand? That’s illegal. The law applies even when temporarily stopped in traffic.

Using GPS on a mounted phone? That’s fine. Just don’t touch it to change routes while driving.

Where to Check for Updates and Official Rules

The Nebraska Department of Transportation posts current laws and updates. Their website has the full statute and FAQs.

For enforcement questions, contact the Nebraska State Patrol. They can clarify how the law is applied in practice.

Frequently Asked Questions