2006 Regular Session
To: Judiciary, Division B
By: Senator(s) Tollison, Albritton, Chaney, Dawkins, Frazier, Gollott, Gordon, Jackson (15th), Jackson (32nd), King, Little, Mettetal, Walls, Williamson, White
AN ACT TO AMEND SECTION 63-2-7, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISIONS THAT PERMIT A FINE TO BE IMPOSED FOR A VIOLATION OF THE MOTOR VEHICLE SEAT BELT LAW ONLY IF THE VIOLATOR IS ALSO CHARGED AND CONVICTED OF SOME OTHER OFFENSE; TO INCREASE THE AGGREGATE AMOUNT OF THE FINE THAT MAY BE IMPOSED FOR A VIOLATION OF THE SEAT BELT LAW BY MORE THAN ONE MOTOR VEHICLE OCCUPANT; TO AMEND SECTION 63-2-3, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT FAILURE TO USE SEAT BELTS CANNOT CONSTITUTE CONTRIBUTORY OR COMPARATIVE NEGLIGENCE; TO AMEND SECTION 63-2-1, MISSISSIPPI CODE OF 1972, TO EXCLUDE MOTOR HOMES FROM THE APPLICATION OF THE SAFETY SEAT BELT CHAPTER; TO PROVIDE THAT THIS ACT SHALL BE KNOWN AS THE "HUNTER GRADY DAWKINS SEAT BELT ACT"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-2-7, Mississippi Code of 1972, is amended as follows:
63-2-7. (1) A violation of this chapter shall be a misdemeanor, punishable by a fine of Twenty-five Dollars ($25.00) upon conviction; however, only the operator of a vehicle may be fined for a violation of this chapter by the operator or * * * by any passenger. * * * The maximum fine that may be imposed against the operator of a vehicle for a violation of this chapter by the operator or for a violation of this chapter by one or more passengers shall be Fifty Dollars ($50.00) in the aggregate.
(2) A violation of this chapter shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.
SECTION 2. Section 63-2-3, Mississippi Code of 1972, is amended as follows:
63-2-3. This chapter shall not be construed to create a duty, standard of care, right or liability between the operator and passenger of any passenger motor vehicle which is not recognized under the laws of the State of Mississippi as such laws exist on March 20, 1990, or as such laws may at any time thereafter be constituted by statute or court decision. * * * The violation shall not be entered on the driving record of any individual.
SECTION 3. Section 63-2-1, Mississippi Code of 1972, is amended as follows:
63-2-1. (1) When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator, every front-seat passenger and every child who is at least four (4) years of age but under eight (8) years of age, regardless of the seat that such child occupies, shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. Children under the age of four (4) years shall be protected as required by Sections 63-7-301 through 63-7-311.
(2) "Passenger motor vehicle" for purposes of this chapter means a motor vehicle designed to carry fifteen (15) or fewer passengers, including the driver, but does not include motorcycles, mopeds, all-terrain vehicles or trailers.
(3) This section shall not apply to:
(a) Vehicles which may be registered for "farm" use, including "implements of husbandry" as defined in Section 63-21-5(d), and "farm tractors" as defined in Section 63-3-105(a);
(b) An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons;
(c) A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty; * * *
(d) Buses; or
(e) Motor homes as defined in Section 63-3-103(g).
SECTION 4. This act shall be known as the "Hunter Grady Dawkins Seat Belt Act."
SECTION 5. This act shall take effect and be in force from and after July 1, 2006.