MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Transportation

By: Representative Manning

AN ACT TO AMEND SECTION 63-3-503, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE MISSISSIPPI TRANSPORTATION COMMISSION FROM REDUCING THE MAXIMUM SPEED LIMIT ON STATE HIGHWAYS TO BELOW SIXTY MILES PER HOUR UNLESS THE COMMISSION FINDS THAT SUCH SPEED LIMIT WILL SUBJECT THE MOTORING PUBLIC TO GREAT RISK OF SAFETY; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 63-3-503, Mississippi Code of 1972, is amended as follows:

63-3-503. Whenever the Mississippi Transportation Commission  * * * determines upon the basis of an engineering and traffic investigation that any speed set forth in Section 63-3-501 is greater than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the commission shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the highway. The commission shall not establish a maximum speed limit of less than sixty (60) miles per hour on any state highway unless it affirmatively finds and enters on its minutes a determination that a speed of sixty (60) miles per hour or greater is unsafe and will subject the motoring public to great risk of safety.

Whenever the Mississippi Transportation Commission determines that speed limits set forth in Section 63-3-501 are different from those speeds set forth in applicable laws of the Federal Government, then said commission may declare a speed limit which is consistent with such laws and which shall be effective immediately upon adoption by the commission. Appropriate signs giving notice of the adopted speed limits shall be erected upon order of the commission.

The maximum fine and sentence to be imposed for a violation of excessive speed above the maximum limits set by the Mississippi Transportation Commission pursuant to the authority granted by this section shall be one-half (1/2) the fine and sentence imposed by Section 63-9-11 if the excessive speed does not exceed the maximum limits imposed by Section 63-3-501.

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