State v. Warriner2/20/2004
ver, are specific exceptions to the general rule, set forth in § 60-6,230(1), that flashing lights are not to be used on a vehicle being operated on a highway of this state. No specific provision of the Nebraska Rules of the Road establishes an exception to that general rule which would allow the use of hazard lights on a vehicle being operated on the highways of this state. See State v. Lobato, 259 Neb. 579, 611 N.W.2d 101 (2000) (special provisions of statute in regard to particular subject will prevail over general provisions in same or other statutes).
[8,9] Warriner, however, contends that § 60-6,230(1) cannot really mean what it says, because the statute is "clearly aimed toward the regulation of colored flashing lights, such as blue and green flashing lights." Brief for appellant at 12. Warriner sets forth several examples in which he claims a motorist may want to use hazard lights. But it is the function of the Legislature through the enactment of statutes to declare what is the law and public policy of this state. Volquardson v. Hartford Ins. Co., 264 Neb. 337, 647 N.W.2d 599 (2002). The Legislature has done so in unambiguous language, and where the language of a statute is plain and unambiguous, no interpretation is needed, and a court is without authority to change such language. State v. Rubio, 261 Neb. 475, 623 N.W.2d 659 (2001).
Nor is the plain language of § 60-6,230(1) unreasonable. As previously noted, hazard lights on vehicles are generally activated only when a vehicle is disabled or if it is parked where operators of other vehicles need to be warned to use unusual care in approaching, overtaking, or passing it. The use of hazard lights on a vehicle being operated on a roadway could prove distracting or dangerous to other drivers, who would be unable to ascertain what, if anything, was meant by the hazard lights and who might assume that the vehicle was on the shoulder when it was not. See, e.g., Wolkenhauer v. Smith, 822 F.2d 711 (7th Cir. 1987) (semitractor trailer collided with vehicle pushing malfunctioning pickup truck because semitractor trailer driver saw hazard lights and assumed vehicles were on shoulder). Furthermore, because all the turn signals on a vehicle are activated by the hazard lights, other drivers would be unable to tell if the vehicle intended to maintain its course, change lanes, or turn.
In short, while a statute may be construed to avoid injustice or an absurd consequence, see State v. Hochstein and Anderson, 262 Neb. 311, 632 N.W.2d 273 (2001), § 60-6,230(1) is neither unjust nor absurd. There is no merit to Warriner's argument that the plain language of the statute should not be given effect and, consequently, no merit to Warriner's assignments of error.
CONCLUSION
The plain language of § 60-6,230(1) proscribes the use of hazard lights on a vehicle being operated on the highways of this state. Consequently, because Holz observed Warriner violating the Nebraska Rules of the Road, while in the city of Bloomfield, Holz was authorized to pursue and stop Warriner's vehicle. The subsequent arrest of Warriner and his resulting conviction and sentence are not the fruits of an illegal seizure, and the county court did not err in overruling Warriner's motion to suppress evidence or his subsequent objections to evidence at trial. The judgment of the district court, which affirmed the judgment of the county court, is affirmed.
Affirmed.
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