MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Transportation

By: Representative Robinson (84th)

House Bill 26

AN ACT TO AMEND SECTION 65-1-45, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FROM USING OR PERMITTING THE USE OF DEPARTMENT PERSONNEL OR EQUIPMENT, INCLUDING PORTABLE SCALES, TO ENFORCE VEHICLE WEIGHT LIMITATIONS ON ROADS, STREETS OR HIGHWAYS THAT ARE NOT ON THE DESIGNATED STATE HIGHWAY SYSTEM; TO PROHIBIT THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FROM FURNISHING DATA, STATISTICS OR OTHER INFORMATIONAL MATERIAL CONCERNING MOTOR VEHICLE WEIGHTS OR WEIGHT ENFORCEMENT TO COUNTY PUBLIC OFFICIALS OR COUNTY EMPLOYEES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 65-1-45, Mississippi Code of 1972, is amended as follows:

65-1-45. The Mississippi Transportation Commission may restrict or prohibit the use of any state highway or bridge or * * * reduce the allowable weight permitted on any state highway or bridge when, due to any special weather or other hazard, such highways or bridges have been weakened or when such highways have substandard surfacing or weak bridges due to any cause. Likewise, the board of supervisors of any county shall have the same regulatory powers as granted the Transportation Commission in this section. It shall be the duty of the Transportation Commission and the boards of supervisors of the counties to post sufficient warning on any highway or bridge restricted in any manner, so that such restriction may be understood by the operator of any vehicle. Any person who * * * operates a vehicle on any highway, road or bridge when such highway, road or bridge is under restriction, in violation of such restriction, is guilty of a misdemeanor and, upon conviction, shall be punished in accordance with the provisions of Section 63-9-11, providing for the punishment of misdemeanors.

The Mississippi Department of Transportation may not use or permit the use of department personnel or equipment, including portable scales, to enforce vehicle weight limitations on roads, streets or highways that are not on the designated state highway system, and may not furnish data, statistics or other informational material concerning motor vehicle weights or weight enforcement to county public officials or county employees.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.