1997 Regular Session
By: Representatives Barnett (116th), Fredericks, Wells-Smith
House Bill 1372
AN ACT TO AMEND SECTION 63-2-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE USE OF A SAFETY BELT BY CHILDREN OF A CERTAIN AGE WHO ARE TRANSPORTED IN A PASSENGER MOTOR VEHICLE, REGARDLESS OF THE SEAT THAT SUCH CHILDREN OCCUPY; TO AMEND SECTION 63-2-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MOTOR VEHICLE OPERATOR MAY BE FINED FOR A VIOLATION OF THE SAFETY BELT LAW BY THE OPERATOR OR BY A PASSENGER REGARDLESS OF WHETHER THE OPERATOR IS ALSO CHARGED OR CONVICTED OF SOME OFFENSE OTHER THAN A VIOLATION OF THE SAFETY BELT LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-2-1, Mississippi Code of 1972, is amended as follows:
63-2-1. (1) Whenever a passenger motor vehicle is operated in forward motion on the highways of this state, the operator, every front-seat passenger and every child who is at least four (4) years of age but under twelve (12) years of age, regardless of the seat that such child occupies, shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. Children under the age of four (4) years shall be protected as required by Sections 63-7-301 through 63-7-313.
(2) "Passenger motor vehicle" for purposes of this chapter means a motor vehicle designed to carry ten (10) or fewer passengers but does not include motorcycles, mopeds, all-terrain vehicles or trailers.
(3) This section shall not apply to:
(a) Vehicles which may be registered for "farm" use, including "implements of husbandry" as defined in Section 63-21-5(d), and "farm tractors" as defined in Section 63-3-105(a).
(b) An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons.
(c) A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty.
SECTION 2. Section 63-2-7, Mississippi Code of 1972, is amended as follows:
63-2-7. (1) A violation of this chapter shall be a misdemeanor, punishable by a fine of Twenty-five Dollars ($25.00) upon conviction; however, only the operator of a vehicle may be fined for a violation of this chapter by the operator or for a violation of this chapter by a * * * passenger * * *. The maximum fine that may be imposed against the operator of a vehicle for a violation of this chapter by the operator or for a violation of this chapter by one or more * * * passengers shall be Twenty-five Dollars ($25.00) in the aggregate.
(2) A violation of this chapter shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.