MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Transportation

By: Representative Perkins

House Bill 1209

AN ACT TO AMEND SECTIONS 63-3-303 AND 63-3-305, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN DETERMINING THE PLACEMENT AND MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE AND LOCAL ROADS CONSIDERATION SHALL BE GIVEN NOT ONLY TO TRAFFIC COUNT BUT ALSO TO OTHER FACTORS RELEVANT TO PUBLIC SAFETY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-3-303, Mississippi Code of 1972, is amended as follows:

     63-3-303.  The Commissioner of Public Safety and the State Highway Commission shall place and maintain such traffic-control devices conforming to its manual and specifications, upon all state and county highways as it shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.

     No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the Commissioner of Public Safety and the State Highway Commission except by the latter's permission.

     In the placement and maintenance of traffic-control devices, consideration shall be given not only to total traffic count but also to traffic congestion within the area at peak times, number and severity of motor vehicle accidents at the location, applicable speed limits within the area, site-distance limitations at the location and any other factors relevant to public safety.

     SECTION 2.  Section 63-3-305, Mississippi Code of 1972, is amended as follows:

     63-3-305.  Local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this chapter or provisions of local traffic ordinances or to regulate, warn, or guide traffic.  All such traffic-control devices hereafter erected shall conform to the state manual and specifications.

     Local authorities in exercising those functions referred to in the preceding paragraph shall be subject to the direction and control of the State Highway Commission.

     In the placement and maintenance of traffic-control devices, consideration shall be given not only to total traffic count but also to traffic congestion within the area at peak times, number and severity of motor vehicle accidents at the location, applicable speed limits within the area, site-distance limitations at the location and any other factors relevant to public safety.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2004.