MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation

By: Representative Guice

AN ACT TO AMEND SECTION 63-3-511, MISSISSIPPI CODE OF 1972, TO PROHIBIT MUNICIPAL LAW ENFORCEMENT OFFICERS IN MUNICIPALITIES HAVING A POPULATION OF LESS THAN 175,000 FROM ENFORCING THE SPEED LIMIT ON INTERSTATE HIGHWAYS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-3-511, Mississippi Code of 1972, is amended as follows:

63-3-511. (1) Whenever local authorities, including boards of supervisors, within their respective jurisdictions, determine upon the basis of an engineering and traffic investigation that the speed permitted under this article on any street, or any county road or any portion thereof, or at any intersection is greater than is reasonable or safe under conditions found to exist upon such street, or any county road or any portion thereof, or at such intersection, such local authorities shall determine and declare, by ordinance, a reasonable and safe speed limit, which shall be effective when appropriate signs giving notice thereof are erected on such street, or any county road or any portion thereof, or at such intersection, or upon the approaches thereto. However, no speed limit shall be fixed by any such local authorities at less than fifteen (15) miles per hour.

(2) The Commissioner of Corrections is authorized to establish by regulation reasonable and safe speed limits upon the roads of the correctional facilities under his jurisdiction which shall be effective when appropriate signs giving notice thereof are erected. Speed limits may be based upon road or traffic conditions or upon security considerations.

(3) Provided, however, that whenever the State Highway Commission shall, pursuant to Section 63-3-503, lower the maximum speed limit in response to federal laws, regulations or guidelines * * *, local authorities, including boards of supervisors, shall immediately lower maximum speed limits on local highways, not to exceed the maximum speed established for state highways.

(4) It is unlawful for any municipal law enforcement officer in any municipality having a population of one hundred seventy-five thousand (175,000) or less, according to the latest Federal census, to enforce the speed limit on any interstate highway lying within the corporate limits of such municipality.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.