MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Transportation

By: Representative Holden

AN ACT TO AMEND SECTION 27-19-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI TRANSPORTATION COMMISSION SHALL ADOPT AND SHALL PROVIDE FOR THE STRICT ENFORCEMENT OF CERTAIN RULES AND REGULATIONS REGARDING THE ISSUANCE OF PERMITS FOR THE MOVEMENT OF OVERSIZED MODULAR, MANUFACTURED OR MOBILE HOMES ON THE HIGHWAYS AND ROADS UNDER ITS JURISDICTION; TO RESTRICT THE ISSUANCE OF PERMITS FOR THE TRANSPORTATION OF MODULAR, MANUFACTURED OR MOBILE HOMES THAT EXCEED FOURTEEN FEET IN WIDTH; TO PRESCRIBE PENALTIES FOR VIOLATIONS OF ANY STATUTE OR ANY RULES OR REGULATIONS OF THE MISSISSIPPI TRANSPORTATION COMMISSION GOVERNING THE TRANSPORTATION OF MODULAR, MANUFACTURED OR MOBILE HOMES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 27-19-81, Mississippi Code of 1972, is amended as follows:

27-19-81. (1) No vehicle shall be registered by the State Tax Commission or by a tax collector, and no license tag whatsoever shall be issued therefor, where the gross weight of such vehicle shall exceed the limits provided by law. In the event of an emergency requiring the hauling of a greater gross weight than permitted by law, the owner or operator of such vehicle shall obtain an excess weight authorization from the Mississippi Department of Transportation or local authority having jurisdiction of the particular road, street or highway before operating such vehicle on the highways of this state to haul such a gross weight over a route to be designated by the aforesaid department. It shall then be necessary for the owner or operator of said vehicle to obtain a permit from the Transportation Department, which shall be issued by the department under the same provisions as are provided for the issuance of trip permits under Section 27-19-79, but which such permit shall likewise be obtained prior to the operation of such vehicle on the highways. No persons or agencies other than the Mississippi Department of Transportation shall have authority to issue the permits provided for in this section. The fee to be charged for such permits shall be computed in the same manner provided in said Section 27-19-79 for each one thousand (1,000) pounds, or fractional part thereof, of gross weight above the licensed capacity of the vehicle, up to the maximum legal weights provided by this article on the roads to be traveled.

This subsection shall apply, but not be limited, to any tractor, road roller or road machinery used solely and specifically in road building or other highway construction or maintenance work.

For each one thousand (1,000) pounds, or fractional part thereof, in excess of the weight authorized by Sections 63-5-29 and 63-5-33 for any such vehicle or in excess of the limits set by the Transportation Department for specified roads and bridges, the fee shall be Five Cents (54) per one thousand (1,000) pounds, or fractional part thereof, for each mile traveled upon the highways of the state. Except that the fee for manufactured housing modular units, residential or commercial, shall be Two Cents (24) per one thousand (1,000) pounds, or fractional part thereof, for each mile traveled upon the highways of the state. Provided, however, no permit shall be issued for a fee of less than Ten Dollars ($10.00).

(2) (a) Before operating a vehicle where the size of the load being hauled is in excess of that permitted by law, the owner or operator of such vehicle shall obtain excess size authorization from the Transportation Department or proper local authority and an excess size permit from the Transportation Department. Such excess size permit shall be issued by the Mississippi Department of Transportation under the same provisions as are provided for the issuance of trip permits under Section 27-19-79, and it shall be obtained prior to the operation of such vehicle on the highways. The fee to be charged for such excess size permit shall be Ten Dollars ($10.00) per trip. Such permits may be issued for an extended period of time and must coincide with the expiration date and other provisions of the carrier's permit or authorization issued by the Mississippi Transportation Department or local authority. The fee for such extended permits shall be based upon an annual fee of One Hundred Dollars ($100.00) per carrier. No permit shall be issued under this subsection if the issuance of the permit would violate federal law or would cause the State of Mississippi to lose federal aid funds. This subsection shall not apply to any tractor, road roller or road machinery used solely and specifically in road building or other highway construction or maintenance work or to any machinery or equipment operated on the highways or transported thereon in the course of normal farming activities, including cotton module transporters.

(b) The Mississippi Transportation Commission shall adopt and shall provide for the strict enforcement of such rules and regulations as the commission, in its discretion, deems necessary for the safety of motorists on the highways and roads under its jurisdiction regarding the issuance of permits for the movement of oversized modular, manufactured or mobile homes. Such rules and regulations shall restrict the route by which, the time and hours during which and the conditions under which such homes may be transported, shall prescribe the kinds of warning and safety equipment that must be used for the transportation of such homes, shall require the use of specially equipped vehicles to escort such homes, shall require the depositing of bond, insurance or other security with the commission as security for any damages to the highways or roads and shall include any other requirements as the commission deems necessary or advisable. A modular, manufactured or mobile home, the movement of which requires the issuance of an oversize permit, may not be transported over the highways or roads in this state at a speed greater than ten (10) miles per hour less than the maximum speed authorized by law for other vehicles. An oversize permit may not be issued for any modular, manufactured or mobile home that exceeds fourteen (14) feet in width unless the commission makes an affirmative finding that the home is not reasonably divisible into two (2) or more units of fourteen (14) feet or less in width. Any person who violates any statute or any rules or regulations of the Mississippi Transportation Commission governing the transportation of modular, manufactured or mobile homes shall be fined by the commission an amount of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for each violation and shall not be issued a permit for the transportation of such homes for a period of six (6) months from the time of violation.

(3) The Executive Director of the Mississippi Department of Transportation may authorize certain carriers of property to issue overweight and/or oversize permits for vehicles owned or operated by such carriers, provided such carriers have blanket authorization from the Transportation Commission and also meet other requirements established by the Transportation Commission.

(4) The owner or operator of a vehicle hauling sand, gravel, fill dirt, agricultural products or unprocessed forestry products may apply to the Mississippi Department of Transportation for a harvest permit for the purpose of authorizing any such vehicles to operate on the highways in this state (other than the federal interstate system or those highways designated by the Mississippi Department of Transportation as not capable of carrying more than fifty-seven thousand six hundred fifty (57,650) pounds at the maximum gross weight specified in Section 63-5-33. Harvest permits may be issued and are valid to permit any such vehicle to be operated on a highway in this state that has been designated by the Mississippi Department of Transportation as not capable of carrying more than fifty-seven thousand six hundred fifty (57,650) pounds only if such vehicle operates in compliance with the provisions of Section 63-5-29(3)(b). A fee of Twenty-five Dollars ($25.00) shall be charged for each permit issued. The permit shall be in the form of a decal which shall be affixed to each permitted vehicle on the upper left corner of the windshield on the driver's side. Each permit shall expire one (1) year from its date of issue. The fees collected under this subsection shall be deposited into a special fund that is created in the State Treasury. Monies in the fund shall be allocated and distributed quarterly, beginning September 30, 1994, to each of the counties of the state on an equal basis. Monies distributed to the counties under this subsection shall be deposited in each county's road and bridge fund and may be expended, upon approval of the board of supervisors, for any purpose for which county road and bridge fund monies lawfully may be expended. This subsection (4) shall stand repealed from and after July 1, 1997.

(5) Any owner or operator who has met the requirements set by the Mississippi Transportation Commission may defer payment of permits issued by the department until the end of the current month. If full payment is not received by the twentieth of the following month, there may be added as damages to the total amount of the delinquency or deficiency the following percentages: ten percent (10%) for the first offense; fifteen percent (15%) for the second offense and twenty-five percent (25%) for the third and any subsequent offense. Upon the third offense, the department may suspend the privilege to defer payment. The balance due shall become payable upon notice and demand by the department.

(6) The permit fee monies collected under this section, except as provided for in subsection (4) of this section, shall be deposited into the State Highway Fund for the construction, maintenance and reconstruction of highways and roads of the State of Mississippi or the payment of interest and principal on bonds authorized by the Legislature for construction and reconstruction of highways.

(7) The department may waive the permits, taxes and fees set forth in this section whenever a motor vehicle is operated upon the public highways in this state in response to an emergency, a major disaster or the threat of a major disaster.

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