MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Transportation

By: Representative Compretta

AN ACT TO AMEND SECTIONS 63-13-7 AND 63-13-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THE MISSISSIPPI MOTOR VEHICLE SAFETY INSPECTION LAW; AND FOR RELATED PURPOSES.  

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

SECTION 1. Section 63-13-7, Mississippi Code of 1972, is amended as follows:

63-13-7. (1) Except as provided in subsection (4) of this section, the Commissioner of Public Safety shall, not more than once each year, require that every motor vehicle, trailer, semitrailer and pole trailer registered in this state be inspected and that an official certificate of inspection and approval be obtained for each such vehicle. Each such vehicle must display at all times a certificate of inspection and approval duly issued for such vehicle upon the lower left hand corner of the windshield thereof or upon such vehicle in such position as to be visible from the outside.

(2) Except as provided in subsection (4) of this section, every motor vehicle registered in any other state and operated over the highways of this state shall be inspected and shall display an inspection certificate which shall be different either in color or design from the inspection certificates issued for use on state registered vehicles.

However, the Commissioner of Public Safety may authorize the acceptance in this state of a certificate of inspection and approval issued under the authority of a qualified agency or

department of another state, provided that every municipality, county and state office in such other state accepts under a mutually acceptable reciprocal agreement, Mississippi's certificate of inspection and approval. The commissioner shall except from the provisions of this chapter all passenger buses and other vehicles certified by the United States Department of Transportation and subject to its rules and regulations and its periodical inspections.

(3) The Commissioner of Public Safety shall require all school buses in the State of Mississippi to be inspected during the months of July or August each year and may provide such special certificate of inspection and approval as he may deem necessary.

(4) A motor vehicle manufactured or having a model year earlier than 1961 shall not be required to be inspected or to display a certificate of inspection under the provisions of this chapter.

(5) In addition to members of the Mississippi Highway Safety Patrol, all duly sworn law enforcement officers of incorporated municipalities and counties of this state, within their respective jurisdiction, may enforce the provisions of this chapter that require the display of a valid motor vehicle inspection certificate.

SECTION 2. Section 63-13-21, Mississippi Code of 1972, is amended as follows:

63-13-21. (1) Members of the Mississippi Highway Safety Patrol and any duly sworn law enforcement officer of any county or incorporated municipality may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be reasonably appropriate. No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by a member of the Mississippi Highway Safety Patrol or by any duly sworn law enforcement officer of any county or incorporated municipality.

Such authority, however, shall be limited to the inspection of said vehicle for mechanical defects and shall not authorize the search of the vehicle or the occupants thereof for any other purpose without due process of law. Evidence of the commission of an unlawful act, procured by such inspection and such test, shall not be admissible in any criminal prosecution except such as may be provided for in this chapter.

(2) In the event such vehicle is found to be in unsafe condition, or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment, specifying the particulars with reference thereto, and that a certificate of inspection and approval be obtained within five (5) days.

SECTION 3. This act shall take effect and be in force from and after its passage.