Senate Bill 2411

AN ACT TO AMEND SECTION 63-5-51, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION OR LOCAL AUTHORITIES TO ISSUE PERMITS AUTHORIZING EQUIPMENT DEALERS TO DELIVER TO THEIR CUSTOMERS MACHINERY OR EQUIPMENT INTENDED TO BE USED FOR NORMAL FARM PURPOSES AND HAVING A WIDTH IN EXCESS OF THE MAXIMUM REQUIREMENTS IF THE WIDTH OF SUCH EQUIPMENT OR MACHINERY IS 16 FEET OR LESS; TO PROVIDE THAT SUCH PERMIT SHALL ALLOW THE MOVEMENT OF SUCH MACHINERY OR EQUIPMENT DURING DAYLIGHT HOURS WITHIN A 50-MILE RADIUS OF THE BUSINESS LOCATION OF THE DEALER WITHOUT THE NECESSITY OF AN ESCORT VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-5-51, Mississippi Code of 1972, is amended as follows:

63-5-51. (1) (a) The Mississippi Transportation Commission with respect to highways under its jurisdiction and local authorities with respect to highways under their jurisdiction may, in their discretion, upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this chapter or otherwise not in conformity with the provisions of this chapter upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which said party is responsible.

(b) The application for any such permit shall specifically describe the general operation and load to be moved, and the particular highways for which the permit to operate is requested, and whether such permit is requested for a single trip, or for continuous operation.

(c) The Mississippi Transportation Commission or local authority is authorized to issue or withhold such permit at its discretion. If such permit is issued, the Mississippi Transportation Commission or local authority is authorized to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of such vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or structures. The Mississippi Transportation Commission or local authority may require such undertaking or other security as may be deemed necessary to compensate for any injury to any roadway or road structure.

(d) Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of such special permit. However, permits covering the number of vehicles anticipated in any operation may be issued by the commission.

(2) The Mississippi Transportation Commission or local authorities may, in their discretion, upon application in writing and good cause being shown therefor, issue a permit authorizing the commercial movement of one or more recreational vehicles or motor homes which comply with the provisions of Section 63-5-13. Such permits shall be valid for one (1) year from the date they are issued. A copy of the permit shall be carried with all such vehicles while they are being moved. The provisions of subsection (1) of this section shall not apply to the commercial movement of vehicles under a permit issued pursuant to this subsection if such vehicles comply with Section 63-5-13.

(4) The Mississippi Transportation Commission or local authorities may, in their discretion, upon application in writing and good cause being shown therefor, issue a permit authorizing equipment dealers to deliver to their customers machinery or equipment intended to be used for normal farm purposes and having a width in excess of the maximum requirements prescribed by this chapter if the width of such equipment or machinery is sixteen (16) feet or less. Such permit shall allow the movement of such machinery or equipment during daylight hours within a fifty-mile radius of the business location of the dealer without the necessity for an escort vehicle. Such permits shall be valid for one (1) year from the date they are issued. The provisions of subsection (1) of this section shall not apply to the commercial movement of vehicles under a permit issued pursuant to this subsection.

SECTION 2. This act shall take effect and be in force from and after its passage.