MISSISSIPPI LEGISLATURE
2009 Regular Session
To: Transportation
By: Representative Martinson
AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH AND OPERATE A MOTORCYCLE SAFETY AND OPERATOR TRAINING PROGRAM FOR THE PURPOSE OF MOTORCYCLE OPERATOR TRAINING AND TO PROMOTE MOTORCYCLE SAFETY AND MOTORCYCLE AWARENESS; TO ESTABLISH COURSE REQUIREMENTS; TO AUTHORIZE THE COMMISSIONER OF PUBLIC SAFETY TO APPOINT A STATEWIDE MOTORCYCLE SAFETY DIRECTOR TO ADMINISTER THE PROGRAM; TO PRESCRIBE THE QUALIFICATIONS OF THE DIRECTOR AND THE PROGRAM INSTRUCTORS; TO PROVIDE THAT APPLICANTS FOR MOTORCYCLE OPERATORS' LICENSES OR MOTORCYCLE ENDORSEMENTS WHO HAVE SUCCESSFULLY COMPLETED A COURSE UNDER THE PROGRAM SHALL BE EXEMPT FROM THE MOTORCYCLE LICENSING KNOWLEDGE TEST AND SKILL TEST; TO ESTABLISH A MOTORCYCLE SAFETY AND OPERATOR TRAINING FUND; TO AMEND SECTIONS 27-19-5, 63-1-21 AND 63-1-43, MISSISSIPPI CODE OF 1972, TO INCREASE CERTAIN TAXES AND FEES TO FUND THE PROGRAM; TO AMEND SECTIONS 63-1-6 and 63-1-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in Sections 1 through 7 of this act, the following terms shall have the meanings ascribed to them in this section unless the context clearly requires otherwise:
(a) "Commissioner" means the Commissioner of Public Safety.
(b) "Director" means the Statewide Motorcycle Safety Director provided for in Section 4 of this act.
(c) "Department" means the Department of Public Safety.
(d) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding tractors and mopeds.
(e) "Operator" means any person who drives, operates or is in actual physical control of a motorcycle.
(f) "Program" means the Motorcycle Safety and Operator Training Program provided for in Section 2 of this act.
SECTION 2. (1) The department shall develop standards for, establish and administer the Motorcycle Safety and Operator Training Program.
(2) The program shall provide for motorcycle operator and rider training courses for novice and experienced riders in sufficient numbers and at locations throughout the state as necessary to meet the reasonable anticipated needs of state residents.
(3) The program shall provide for motorcycle instructor certification and training, instructor approval and the training of law enforcement personnel in the operation of motorcycles.
(4) In addition, the program shall include activities to increase motorcyclists' awareness of alcohol and drug effects, motorcycle driver improvement efforts, program promotion activities, and other efforts to enhance motorcycle safety through education, including increased public awareness of motorcycles.
(5) The commissioner shall appoint a program director to oversee and direct the program as provided for in Section 4 of this act.
(6) Standards for the motorcycle rider training courses, including standards for course content, delivery, curriculum, materials and student evaluation, and standards for the training and approval of instructors shall comply with the requirements of Sections 1 through 7 of this act, and the standards shall meet or exceed established national standards for motorcycle rider training courses prescribed by the Motorcycle Safety Foundation or its equivalent in quality, utility and merit.
SECTION 3. (1) The program shall offer motorcycle operator training courses designed to develop and instill the knowledge, attitudes, habits and skills necessary for the proper operation of a motorcycle and to assist motorcycle operators in meeting the requirements for licensed operation of a motorcycle in this state. The courses shall be taught only by instructors approved under Section 5 of this act.
(2) Operator training courses shall be open to any resident of the state who either holds a current valid driver's license for any classification or is eligible for a temporary motorcycle operator's permit.
(3) The department shall issue certificates of completion to those persons who satisfactorily complete the requirements of the motorcycle operator training course offered or authorized by the state program.
(4) An applicant for a motorcycle endorsement or a restricted motorcycle operator's license shall be exempt from the licensing written test on knowledge and skill test, if he presents satisfactory evidence of successful completion of an approved rider training course which includes a similar test of both knowledge and skill.
(5) Other state-funded public or private entities shall provide reasonable cooperation in providing locations to conduct the motorcycle operator training courses in order to minimize the course enrollment fee charged to the students.
SECTION 4. (1) The commissioner shall appoint a Statewide Motorcycle Safety Director who shall carry out and enforce the provisions of Sections 1 through 7 of this act, and the applicable rules and regulations of the department. The director must hold a valid regular driver's license with a motorcycle endorsement and be or have been a chief instructor as prescribed by the Motorcycle Safety Foundation or an equivalent nationally recognized motorcycle safety instructor certifying body.
(2) In the discretion of the commissioner, the director may have the following additional responsibilities:
(a) Promoting motorcycle safety and awareness throughout the state;
(b) Providing consultation to the various departments of the state government and local political subdivisions on matters relating to motorcycle safety;
(c) Establishing and operating additional motorcycle operator training programs with the approval of the commissioner;
(d) Establishing procedures and requirements for reviewing instructor performance and course quality assurance;
(e) Performing any other duty deemed necessary by the commissioner to promote motorcycle safety in the state.
SECTION 5. (1) The department shall approve instructors for the motorcycle operator training courses. No person shall be approved as an instructor unless the person meets the requirements of Sections 1 through 7 of this act and applicable rules and regu1ations of the department.
(2) The program shall offer instructor training courses as needed for those instructors who teach the motorcycle operator training courses. Successful completion of an instructor training course shall require the participant to demonstrate knowledge of the course material, knowledge of proper motorcycle operation, motorcycle riding proficiency, and the necessary aptitude to instruct and impart motorcycle driving skills to students. The instructor training course shall provide instruction based on the Motorcycle Safety Foundation's Instructor Course or its equivalent in quality, utility and merit. This course of instruction shall be held periodically, based on the applications received and the need for instructors, and a course fee prescribed by the director shall be charged.
(3) No person shall be approved as an instructor unless the person has successfully completed the instructor training course or an equivalent course, as approved by the director, offered in another state.
(4) The department shall establish additional requirements for the approval of instructors including, but not limited to, the following:
(a) The person must be of good moral character;
(b) The person must have a high school diploma or its equivalent;
(c) The person must be at least eighteen (18) years of age and have a valid restricted motorcycle operator's license or motorcycle endorsement;
(d) The person must have at least two (2) years of recent motorcycling experience;
(e) The person's operator's or driver's license must not have been suspended or revoked at any time during the preceding two (2) years for any offense; and
(f) The person must not have been convicted of a felony.
(5) In the case of a nonresident, the department shall obtain and review the person's driving record from the state where the person is licensed before approval or reapproval of the person as an instructor.
(6) The department shall review annually the status of all approved instructors and shall withdraw approval from any instructor who is no longer qualified under the requirements of this section or the applicable rules and requirements of the department. The department immediately shall withdraw approval of an instructor when it receives adequate notice of disqualification.
SECTION 6. (1) The department shall:
(a) Adopt, promulgate and establish rules and regulations for the operation of the motorcycle safety and operator training program created under Sections 1 through 7 of this act;
(b) May provide for the entrance and enrollment of students;
(c) May prescribe the requirements and conditions under which students may be eligible for instruction in courses associated with the program; and
(d) May prescribe fees for participation in the program's instructional courses, except that commissioned law enforcement officers who meet the conditions for enrollment shall be exempt from fees at least once in each two-year period.
(2) The department may enter into contracts with public or private entities for providing the program's instructional courses and any services or materials necessary to implement the program.
(3) The department may utilize availab1e program funds to defray expenses in offering motorcycle safety and operator training courses and may reimburse entities which offer approved courses for the expenses incurred in offering the courses.
SECTION 7. There is created in the State Treasury a special fund to be known as the Motorcycle Safety Operator Training Fund, into which shall be deposited the money specified in Sections 27-19-5, 63-1-21(5)(a) and 63-1-43(3)(b), and such other money as the Legislature may provide by appropriation. Money in the fund shall be utilized by the Commissioner of Public Safety, upon appropriation by the Legislature, to operate the program. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the General Fund, and any interest or investment earnings on amounts in the fund shall be deposited to the credit of the fund.
SECTION 8. Section 27-19-5, Mississippi Code of 1972, is amended as follows:
27-19-5. (1) There is hereby levied the following annual highway privilege tax on operators of private carriers of passengers as reasonable compensation for the use of the highways of this state:
(a) On the owner or operator of each private carrier of passengers.................................. $15.00
(b) On each motorcycle, per annum........... 8.00
(2) From and after July 1, 2010, there is levied an additional annual highway privilege tax on each motorcycle in the amount of Five Dollars ($5.00). Revenue from the tax levied under this subsection shall be deposited into the Motorcycle Safety Operator Training Fund created in Section 7 of this act.
SECTION 9. Section 63-1-6, Mississippi Code of 1972, is amended as follows:
63-1-6. No person shall drive or operate a motorcycle upon the highways of the State of Mississippi without first securing either a regular operator's license with a motorcycle endorsement upon it, or a restricted motorcycle operator's license, except those persons especially exempted by Section 63-1-7, Mississippi Code of 1972; provided, however, that any person possessing a valid Mississippi operator's license issued prior to July 1, 1985, may operate a motorcycle upon the highways of this state until such time as said license expires. Upon the expiration of a license issued prior to July 1, 1985, and the payment of One Dollar ($1.00), the applicant for renewal may obtain the necessary motorcycle endorsement without further examination.
A motorcycle endorsement may be issued to any person who holds a valid Mississippi driver's license and meets the other requirement for such endorsement contained in this chapter.
A restricted motorcycle operator's license may be issued to any applicant who fulfills all the requirements necessary to obtain a Mississippi operator's license that may be applicable to the operation of a motorcycle. Such license shall entitle the holder thereof to operate a motorcycle, and no other motor vehicle, upon the highways of this state.
The requirement that an applicant for a motorcycle endorsement or restricted motorcycle operator's license successfully pass a written test and a skill test shall not apply if the applicant is exempt from those tests under Section 3(4) of this act.
SECTION 10. 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. 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) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. At all other times the intermediate licensee must be supervised by a parent, guardian or other person age twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver.
(4) The fee for issuance of an intermediate license shall be Five Dollars ($5.00).
(5) (a) 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 (i) be at least fifteen (15) years of age; (ii) 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; (iii) be prohibited from transporting a passenger on a motorcycle; (iv) be prohibited from operating a motorcycle upon any controlled access highway; and (v) 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.
(b) From and after July 1, 2010, an additional fee in the amount of One Dollar ($1.00) shall be paid by every applicant for a temporary motorcycle operator's permit. Revenue from the fee imposed under this paragraph shall be deposited into the Motorcycle Safety Operator Training Fund created in Section 7 of this act.
SECTION 11. Section 63-1-33, Mississippi Code of 1972, is amended as follows:
63-1-33. It shall be the duty of the license examiner, when application is made for an operator's license or temporary driving permit, to test the applicant's ability to read and understand road signs and to give the required signals as adopted by the National Advisory Committee on Uniform Traffic Control Devices and the American Association of Motor Vehicle Administrators.
The commissioner shall have prepared and administer a test composed of at least ten (10) questions relating to the safe operation of a motor vehicle and testing the applicant's knowledge of the proper operation of a motor vehicle.
Prior to the administration of the test the license examiner shall inspect the horn, lights, brakes, inspection certificate and vehicle registration of the motor vehicle which the applicant expects to operate while being tested, and if he finds that any of the aforementioned items are deficient, no license or endorsement shall be issued to the applicant until same have been repaired.
An applicant for a Mississippi driver's license who, at the time of application, holds a valid motor vehicle driver's license issued by another state shall not be required to take a written test.
Except as otherwise provided in this section or by Section 63-1-6, when application is made for an original motorcycle endorsement or a restricted motorcycle operator's license, the applicant shall be required to pass a written test which consists of questions relating to the safe operation of a motorcycle and a skill test similar to the "Motorcycle Operator Skill Test," which is endorsed by the American Association of Motor Vehicle Administrators. The commissioner may exempt any applicant from the written test or the skill test if the applicant presents a certificate showing successful completion of an approved rider training course under Section 3(4) of this act or a course approved by the commissioner, which includes a similar examination of knowledge and skills needed in the safe operation of a motorcycle.
SECTION 12. Section 63-1-43, Mississippi Code of 1972, is amended as follows:
63-1-43. (1) The fee for receiving the application and issuing the regular driver's or operator's license and the fee for renewing the license shall be:
(a) Eighteen Dollars ($18.00) plus the applicable photograph fee for each applicant for a four-year license;
(b) Three Dollars ($3.00) plus the applicable photograph fee for each applicant for a one-year license, except as provided in paragraph (c) of this subsection; and
(c) Eight Dollars ($8.00) plus the applicable photograph fee for a one-year license for each applicant who is not a United States citizen and who does not possess a social security number issued by the United States government.
All originals and renewals of regular operators' licenses shall be in compliance with Section 63-1-47.
(2) (a) The fee for receiving the application and issuing a motorcycle endorsement shall be Five Dollars ($5.00). Motorcycle endorsements shall be valid for the same period of time as the applicant's operator's license.
(b) From and after July 1, 2010, an additional fee in the amount of One Dollar ($1.00) shall be assessed for issuing and renewing a motorcycle endorsement. Revenue from the fee imposed under this paragraph shall be deposited into the Motorcycle Safety Operator Training Fund created in Section 7 of this act.
(3) (a) The fee for receiving the application and issuing a restricted motorcycle operator's license and the fee for renewing such license shall be:
(i) Eleven Dollars ($11.00) plus the applicable photograph fee for a four-year license; and
(ii) Eight Dollars ($8.00) plus the applicable photograph fee for a one-year license.
(b) From and after July 1, 2010, an additional fee in the amount of One Dollar ($1.00) shall be assessed for issuing and renewing a restricted motorcycle operator's license. Revenue from the fee imposed under this paragraph shall be deposited into the Motorcycle Safety Operator Training Fund created in Section 7 of this act.
All originals and renewals of restricted motorcycle licenses shall be valid for the same period of time that an original regular driver's license may be issued to such person in compliance with Section 63-1-47.
(4) From and after January 1, 1990, every person who makes application for an original license or a renewal license to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as such terms are defined in Section 27-19-3, except for those vehicles for which a Class A, B or C license is required under Article 2 of this chapter, shall, in lieu of the regular driver's license above provided for, apply for and obtain a Class D commercial driver's license. Except as otherwise provided in subsection (5) of this section, the fee for the issuance of a Class D commercial driver's license shall be Twenty-three Dollars ($23.00) plus the applicable photograph fee for a period of four (4) years; however, except as required under Article 2 of this chapter, no driver of a pickup truck shall be required to have a commercial license regardless of the purpose for which the pickup truck is used.
Except as otherwise provided in subsection (5) of this section, all originals and renewals of commercial licenses issued under this section shall be valid for a period of four (4) years, in compliance with Section 63-1-47. Only persons who operate the above-mentioned vehicles in the course of the regular and customary business of the owner shall be required to obtain a Class D commercial operator's license, and persons operating such vehicles for private purposes or in emergencies shall not be required to obtain such license.
(5) The original and each renewal of a commercial driver's license issued under this section to a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall be issued for a period of one (1) year for a fee of Eight Dollars ($8.00) plus the applicable photograph fee and shall expire one (1) year from the date of issuance. Such person may renew a commercial license issued under this section within thirty (30) days of expiration of the license.
(6) The Commissioner of Public Safety, by rule or regulation, shall establish a driver's license photograph fee which shall be the actual cost of the photograph rounded off to the next highest dollar. Monies collected for the photograph fee shall be deposited into a special photograph fee account which the Department of Public Safety shall use to pay the actual cost of producing the photographs. Any monies collected in excess of the actual costs of the photography shall be deposited to the General Fund of the State of Mississippi.
SECTION 13. On or before January 1, 2010, the Commissioner of Public Safety shall file a report with the Clerk of the House of Representatives and the Secretary of the Senate. The report shall include the commissioner's recommendations with regard to the implementation of the provisions of this act, and an estimate of the costs that the Department of Public Safety anticipates in implementing its provisions.
SECTION 14. This act shall take effect and be in force from and after July 1, 2009.