MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Transportation

By: Representative McElwain

House Bill 538

(As Sent to Governor)

AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL TO OPERATE A MOTOR VEHICLE WITHIN A HIGHWAY WORK ZONE AT A SPEED IN EXCESS OF THE MAXIMUM SPEED ESTABLISHED FOR THE ZONE; TO DEFINE THE TERM "HIGHWAY WORK ZONE"; TO PRESCRIBE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) It shall be unlawful for any person to operate a motor vehicle within a highway work zone at a speed in excess of the maximum speed limit specifically established for the zone whenever workers are present and whenever the zone is indicated by appropriately placed signs displaying the reduced maximum speed limit. Any person violating the provisions of this section shall be punished, upon conviction, by a fine of not more than Two Hundred Fifty Dollars ($250.00).

(2) For the purposes of this section the term "highway work zone" means a construction or maintenance area that is located on or along a highway and that is marked by appropriate warning signs or other traffic control devices indicating that work is in progress.

(3) Nothing in this section shall preclude the prosecution or conviction for reckless driving of any motor vehicle operator whose operation of a motor vehicle in a highway work zone, apart from speed, demonstrates a reckless disregard for life, limb or property.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.