MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Burton, Dawkins, Carlton

AN ACT TO ENACT A GRADUATED LICENSING SYSTEM; TO AMEND SECTIONS 63-1-9, 63-1-21, 63-1-23 AND 63-1-47, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. The Legislature has recognized the need to develop a graduated licensing system in light of the disproportionately high incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle crashes.

SECTION 2. Section 63-1-9, Mississippi Code of 1972, is amended as follows:

63-1-9. (1) No driver's license, intermediate license or temporary learning permit shall be issued pursuant to this article:

(a) To any person under the age of eighteen (18) years except as provided in subsection (2) of this section.

(b) To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state and/or territory of the United States or the District of Columbia, and such revocation or suspension period has not expired.

(c) To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs.

(d) To any person who would not be able by reason of physical or mental disability, in the opinion of the commissioner or other person authorized to grant an operator's license, to operate a motor vehicle on the highways with safety. However, persons who have one (1) arm or leg, or have arms or legs deformed, and have their car provided with mechanical devices whereby they are able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator's license the same as other persons. Moreover, deafness shall not be a bar to obtaining a license.

(e) To any person who is under the age of seventeen (17) years to drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, or to drive any motor vehicle while in use as a public or common carrier of persons or property.

(f) To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency.

(g) To any unmarried person under the age of eighteen (18) years who does not at the time of application present a diploma or other certificate of high school graduation or a general education development certificate issued to the person in this state or any other state, or documentation that the person:

(i) Is enrolled and making satisfactory progress in a course leading to a general education development certificate;

(ii) Is enrolled in school in this state or any other state;

(iii) Is enrolled in a "nonpublic school," as such term is defined in Section 37-13-91(2)(i); or

(iv) Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10.

(h) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.

(2) (a) Upon meeting all other state requirements for licensure, a minor who is a resident of this state, who is fifteen (15) years of age, and who has possessed a temporary driving permit for at least six (6) months may apply for and be issued an intermediate driver's license if:

(i) He * * * resides with a physically impaired parent whose physical impairment prevents the parent from securing a driver's license; or

(ii) He * * * is gainfully employed and, in order to avoid a severe hardship, needs to be authorized to drive a vehicle in order to retain his employment; and

(b) He applies to the chancery court of the county of his residence and secures an order of the chancery court approving the hardship status of the minor under this subsection (2).

(i) The application therefor shall be made in writing by the minor by his next friend, and it shall state the age of such minor and join as defendants his parent or parents then living, or, if neither be living, two of his adult kin within the third degree, computed according to the civil law, and the reasons on which the hardship determination is sought; and, when such petition shall be filed, the clerk shall issue process as in other suits to make such person or persons parties defendants, which shall be executed and returned as in other cases, and shall make publication for nonresident defendants as required by law, and any person so made a party, or any other relative or friend of the minor, may appear and resist the application.

In cases where a minor has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent, or parents, as the case may be, shall be joined as defendants in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a minor has been by decree of court awarded to one of the natural parents to the exclusion of the other, it shall be sufficient herein to join as defendant only the parent to whom the custody and control has been awarded.

(ii) If the parent or parents then living, or, if they both be not living, if any two of his adult kin within the third degree shall unite with the minor and his next friend in his application, or if the minor has no parent then living and no kindred within the prescribed degree whose place of residence is known to him or his next friend, it shall not be necessary to make any person defendant thereto. But the court shall proceed to investigate the merits of such application, and decree thereon as in other cases.

In cases where a minor has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent or parents, as the case may be, may unite with the minor and his next friend in his application in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a minor has been by decree of court awarded to one of the natural parents or adopted parents, as the case may be, to the exclusion of the other, it shall be sufficient herein for only the parent to whom the custody and control has been awarded to unite with the minor and his next friend in his application, as herein provided.

(iii) When the proper persons have been made parties to the application, the court shall examine it, and the objections to it, if any, and may hear testimony in open court in reference thereto, and shall make such decree thereon as may be for the best interest of the minor.

(iv) The decree, if granted, shall be directed to the commissioner so as to direct the commissioner to issue to the applicant an intermediate license under this hardship exception.

(3) All permits and licenses issued on or before June 30, 2000, shall be valid according to the terms upon which issued. From and after July 1, 2000:

(a) A temporary driving permit may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article.

(b) An intermediate license may be issued to any person who is at least sixteen (16) years of age who otherwise meets the requirements of this article.

(c) A driver's license may be issued to any person who is at least sixteen (16) years of age who has held an intermediate license for at least six (6) months and who otherwise meets the requirements of this article.

(4) The commissioner shall ensure that the temporary driving permit, intermediate license and driver's license issued under this chapter are clear, distinct and easily distinguishable from one another.

SECTION 3. Section 63-1-21, Mississippi Code of 1972, is amended as follows:

63-1-21. (1) Every applicant for a new or original driver's or operator's license, except persons holding an out-of-state license, shall first obtain a temporary driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety and upon the successful completion of the examination provided for in Section 63-1-33 and the payment of the fee for such examination provided for in Section 63-1-43.

(2) A temporary driving permit entitles the holder, provided the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver; the supervisor shall be the only other occupant of the front passenger section of the vehicle. The holder of a temporary driving permit may not place the vehicle in motion until every occupant of the vehicle is properly restrained by a seat belt which is properly fastened. Any second or subsequent violation of this seat belt requirement shall restart the six-month requirement for the holding of a temporary driving permit before an applicant can qualify for an intermediate license. A temporary driving permit may be issued to any applicant who is at least fifteen (15) years of age. A temporary driving permit shall be valid for a period of one (1) year from the date of issue.

(3) Every applicant for a new or original driver's or operator's license, except persons holding an out-of-state license who are at least twenty-one (21) years of age, shall first obtain an intermediate license and shall not be eligible for a new or original driver's or operator's license prior to the expiration of six (6) months from the date of issuance of the intermediate license. An intermediate license authorizes the holder to drive a specified type or class of motor vehicle under the following conditions:

(a) The applicant shall have possessed a valid learner's permit for a period of not less than six (6) months;

(b) Passed a road test;

(c) Passed a course of driver education in accordance with standards established by the State Board of Education and the commissioner; and

(d) Paid a fee for an intermediate license of Five Dollars ($5.00).

(4) An intermediate license allows unsupervised driving from 5 a.m. to 10 p.m. At all other times the intermediate licensee must be supervised. While being supervised, the intermediate licensee must be accompanied by a parent, guardian or other person aged twenty-one (21) years or older. The supervisor shall possess a valid driver's license under this article. The supervisor shall be the only other occupant of the front passenger section of the vehicle.

(5) The intermediate licensee shall not place the vehicle in motion until every occupant of the vehicle is restrained by a seat belt which is properly fastened. Any second or subsequent violation of this seat belt requirement shall restart the six-month requirement for the holding of an intermediate license before an applicant can qualify for a driver's license.

(6) An intermediate license shall be valid for a period of one (1) year from the date of its issuance.

Except as otherwise provided by Section 63-1-6, every applicant for a restricted motorcycle operator's license or a motorcycle endorsement shall first obtain a temporary motorcycle driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety, and upon the successful completion of the examination provided for in Section 63-1-33, and payment of the fee for said examination provided for in Section 63-1-43. All applicants for such temporary permit shall (a) be at least fifteen (15) years of age; (b) operate a motorcycle only under the direct supervision of a person at least twenty-one (21) years of age who possesses either a valid driver's or operator's license with a motorcycle endorsement or a valid restricted motorcycle operator's license; (c) be prohibited from transporting a passenger on a motorcycle; (d) be prohibited from operating a motorcycle upon any controlled access highway; and (e) be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as temporary driving permits issued for vehicles other than motorcycles.

SECTION 4. Section 63-1-23, Mississippi Code of 1972, is amended as follows:

63-1-23. The application of any person under the age of seventeen (17) years for a temporary driving permit, intermediate license or license issued pursuant to this article shall be signed and verified before a person authorized to administer oaths by both the father and mother of the applicant, if both are living and have custody of him, or in the event neither parent is living then by the person or guardian having such custody or by an employer of him, or in the event there is no guardian or employer then by any other responsible person who is willing to assume the obligation imposed under Section 63-1-25 upon a person signing the application of a minor.

SECTION 5. Section 63-1-47, Mississippi Code of 1972, is amended as follows:

63-1-47. (1) Each applicant for an original license issued pursuant to this article, who is entitled to issuance of same, and who is eighteen (18) years of age or older, shall be issued a four-year license. Each license will expire at midnight on the licensee's birthday.

(a) All renewal licenses of operators eighteen (18) years of age or older shall be for four-year periods and may be renewed any time within six (6) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined.

(b) From and after January 1, 1990, no commercial driver's license shall be issued under the provisions of this article for any commercial motor vehicle, the lawful operation of which requires the driver to obtain a Class A, B or C commercial driver's license under Article 2 of this chapter; however, from time to time, the holder of a commercial license may apply for a commercial driver's license under Article 2 of this chapter; and, if he fails to pass the required test for such license, he shall be entitled to an extension of his license that shall be valid for one hundred twenty (120) days or until he again is tested under Article 2 of this chapter, whichever occurs first. The extension shall entitle the license holder to operate all vehicles which such license authorized him to operate prior to taking the required test. The first extension shall be without charge; however, a fee of Fifteen Dollars ($15.00) shall be imposed for any subsequent extension. No extension shall be valid past March 31, 1992.

(2) [none]

(3) Any commercial driver's license issued under this article before January 1, 1990, which expires after March 31, 1992, shall be void on April 1, 1992, for the operation of any commercial vehicle requiring a commercial license to be issued under Article 2 of this chapter; however, if the holder of any such license applies for a commercial driver's license under Article 2 of this chapter, passes the required tests for such license, pays all applicable fees under Article 2 of this chapter except the Forty Dollars ($40.00) license fee and otherwise meets all requirements for the issuance of such license, then such person shall be issued a license under Article 2 of this chapter which shall expire on the expiration date of the commercial driver's license being replaced.

(4) [none]

(5) The Commissioner of Public Safety shall notify, by United States mail addressed to the last known address of record with the Department of Public Safety, all holders of commercial driver's licenses issued under this article before January 1, 1990, and which expire after March 31, 1992, that such licenses will be void on and after April 1, 1992, for the operation of any vehicle for which a commercial driver's license is required to be issued under Article 2 of this chapter.

(6) Any person holding a valid commercial driver's license issued under this article before January 1, 1990, shall continue thereafter, until expiration of such license, to be entitled to operate all vehicles which such license authorized him to operate immediately before January 1, 1990, except that from and after April 1, 1992, such license shall not entitle the licensee to operate a commercial motor vehicle the lawful operation of which requires a commercial driver's license under Article 2 of this chapter.

(7) Each applicant for an original or intermediate license issued pursuant to this article, who is entitled to issuance of same, being under eighteen (18) years of age, shall be issued a one-year license. Each license will expire at midnight on the licensee's birthday. Renewal licenses of operators under the age of eighteen (18) shall be for one-year periods and may be renewed any time within two (2) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined. The application for renewal by an operator under the age of eighteen (18) must be accompanied by documentation that the applicant is in compliance with the education requirements of Section 63-1-9(g); the documentation must be dated no more than thirty (30) days prior to the date of application.

SECTION 6. This act shall take effect and be in force from and after July 1, 2000.