MISSISSIPPI LEGISLATURE
2009 Regular Session
To: Judiciary, Division B
By: Senator(s) Tollison
AN ACT TO ENACT A REVISED COMMERCIAL DRIVER'S LICENSE ACT TO BE CODIFIED AS ARTICLE 2 OF TITLE 63, MISSISSIPPI CODE OF 1972; TO CREATE SECTION 63-1-201, MISSISSIPPI CODE OF 1972, TO ENACT THE SHORT TITLE; TO CREATE SECTION 63-1-202, MISSISSIPPI CODE OF 1972, TO ENACT A STATEMENT OF INTENT AND PURPOSE; TO CREATE SECTION 63-1-203, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO CREATE SECTION 63-1-204, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PERSON FROM HAVING MORE THAN ONE DRIVER'S LICENSE; TO CREATE SECTION 63-1-205, MISSISSIPPI CODE OF 1972, TO REQUIRE LICENSE HOLDERS UNDER THE ACT TO NOTIFY THE STATE AND EMPLOYERS OF CERTAIN CONVICTIONS; TO CREATE SECTION 63-1-206, MISSISSIPPI CODE OF 1972, TO SPECIFY EMPLOYERS' RESPONSIBILITIES; TO CREATE SECTION 63-1-207, MISSISSIPPI CODE OF 1972, TO REQUIRE A COMMERCIAL DRIVER'S LICENSE FOR OPERATORS OF CERTAIN VEHICLES; TO CREATE SECTION 63-1-208, MISSISSIPPI CODE OF 1972, TO SET COMMERCIAL DRIVER'S LICENSE QUALIFICATION STANDARDS AND TO SET CERTAIN FEES; TO CREATE SECTION 63-1-209, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A NONRESIDENT COMMERCIAL DRIVER'S LICENSE; TO CREATE SECTION 63-1-210, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE APPLICATION FOR A COMMERCIAL DRIVER'S LICENSE; TO CREATE SECTION 63-1-211, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE CONTENTS OF THE LICENSE; TO CREATE SECTION 63-1-212, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RECORDKEEPING; TO CREATE SECTION 63-1-213, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INTERSTATE NOTIFICATION OF TRAFFIC CONVICTIONS; TO CREATE SECTION 63-1-214, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF PUBLIC SAFETY TO ENTER INTO AGREEMENTS TO IMPLEMENT THE ACT; TO CREATE SECTION 63-1-215, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RECIPROCITY BETWEEN STATES; TO CREATE SECTION 63-1-216, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISQUALIFICATION AND SUSPENSION; TO CREATE SECTION 63-1-217, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONCURRENT RUNNING OF SUSPENSIONS AND DISQUALIFICATIONS; TO CREATE SECTION 63-1-218, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A HEARING; TO CREATE SECTION 63-1-219, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISQUALIFICATION; TO CREATE SECTION 63-1-220, MISSISSIPPI CODE OF 1972, TO ENACT PENALTIES; TO CREATE SECTION 63-1-221, MISSISSIPPI CODE OF 1972, TO MAKE PROVISIONS FOR SCHOOL BUS ENDORSEMENTS; TO CREATE SECTION 63-1-222, MISSISSIPPI CODE OF 1972, TO PROHIBIT DEFERMENT OF IMPOSITION OF CERTAIN SENTENCES; TO CREATE SECTION 63-1-223, MISSISSIPPI CODE OF 1972, TO IMPOSE A PENALTY AGAINST EMPLOYERS FOR RAILROAD CROSSING VIOLATIONS UNDER CERTAIN CIRCUMSTANCES; TO CREATE SECTION 63-1-225, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR IMPLIED CONSENT AS TO LICENSE HOLDERS; TO CREATE SECTION 63-1-227, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CLASSIFICATION OF OFFENSES UNDER THE ARTICLE AND THE RELATIONSHIP BETWEEN PENALTIES IMPOSED UNDER THIS ARTICLE AND OTHER PROVISIONS OF LAW RELATING TO OPERATION OF MOTOR VEHICLES; TO CREATE SECTION 63-1-229, MISSISSIPPI CODE OF 1972 TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE TAX COMMISSION TO COOPERATE IN THE USE OF INSPECTION STATIONS AS COMMERCIAL DRIVER'S LICENSE TESTING SITES; TO REPEAL SECTIONS 63-1-73 THROUGH 63-1-90, MISSISSIPPI CODE OF 1972, WHICH COMPRISE THE MISSISSIPPI COMMERCIAL DRIVER'S LICENSE LAW, TITLE 63, ARTICLE 2; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 63-1-201, Mississippi Code of 1972:
63-1-201. Short title. This article may be cited as the Commercial Driver's License Act.
SECTION 2. The following shall be codified as Section 63-1-202, Mississippi Code of 1972:
63-1-202. Statement of intent and purpose. The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (49 USCS Appx. Section 2701 et seq.), hereinafter referred to as "CMVSA," and thereby prevent the loss to the State of Mississippi of substantial federal highway funds as a penalty for failure to comply therewith.
This article is a remedial law which should be liberally construed to promote public health, safety and welfare. The provisions of Article 1 of this chapter, being the Highway Safety Patrol and Driver's License Law of 1938, and the provisions of Title 63, Chapter 11, Mississippi Code of 1972, being the Mississippi Implied Consent Law, including penalties for violations thereof, shall be applicable to the provisions of this article to the extent that such laws do not conflict with the provisions of this article. If any provisions of this article conflict with the provisions of the Highway Safety Patrol and Driver's License Law of 1938 or the Mississippi Implied Consent Law, then the provisions of this article shall control.
SECTION 3. The following shall be codified as Section 63-1-203, Mississippi Code of 1972:
63-1-203. Definitions. As used in this article:
(a) "Alcohol" means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol;
(b) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath or urine. When expressed as a percentage it means:
(i) The number of grams of alcohol per one hundred (100) milliliters of blood; or
(ii) The number of grams of alcohol per two hundred ten (210) liters of breath; or
(iii) The number of grams of alcohol per sixty-seven (67) milliliters of urine;
(c) "Commercial driver's license" means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(d) "Commercial driver's license information system" means the information system established pursuant to federal law to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(e) "Commercial driver instruction permit" means a permit issued pursuant to Section 63-1-108(5).
(f) "Commercial motor vehicle" means: a motor vehicle designed or used to transport passengers or property:
(i) A motor vehicle designed or used to transport passengers or property:
1. If the vehicle has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds or such lesser rating as determined by federal regulation;
2. If the vehicle is designed to transport more than 15 passengers, including the driver;
3. If the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 CFR, Part 172, subpart F.
(ii) The term shall not include:
1. Authorized emergency vehicles as defined in Section 63-3-103;
2. Motor homes as defined in Section 63-3-103; however, this exemption shall only apply to vehicles used strictly for recreational, noncommercial purposes;
3. Military equipment owned or operated by the United States Department of Defense, including the National Guard, and operated by noncivilian personnel or by National Guard military technicians (civilians who are required to wear military uniforms) and active duty U.S. Coast Guard personnel;
4. Farm vehicles, which are vehicles:
a. controlled and operated by a farmer;
b. used to transport either agricultural products, farm machinery, farm supplies or both to or from a farm;
c. not used in the operations of a common or contract motor carrier; and
d. used within one hundred fifty (150) miles of the farm.
(g) "Controlled substance" means any substance so classified under Section 102(6) of the Controlled Substances Act, 21 USCS 802(6), and includes all substances listed on Schedules I through V of 21 Code of Federal Regulations, Part 1308, as they may be revised from time to time, any substance so classified under Sections 41-29-113 through 41-29-121, Mississippi Code of 1972, and any other substance which would impair a person's ability to operate a motor vehicle;
(h) "Conviction" means an unvacated adjudication of guilt, or a determination by a judge or hearing officer that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. Conviction shall also mean a plea of guilty or nolo contendere which has been accepted by the court.
(i) "Disqualification" means:
(i) The suspension, revocation, cancellation, or withdrawal by a state of a person's privilege to operate a commercial motor vehicle;
(ii) a determination by the Federal Motor Carrier Safety Administration, under the rules of practice for motor carrier safety contained in 49 CFR, Part 386, that a person is no longer qualified to operate commercial motor vehicles under 49 CFR, Part 391; or
(iii) the loss of qualification which automatically follows a testing refusal or conviction of an offense listed in 49 CFR, Part 383.51.
(j) "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle on a public highway or who is required to hold a commercial driver's license.
(k) "Employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(l) "Foreign jurisdiction" means any jurisdiction other than a state of the United States.
(m) "Gross vehicle weight rating" means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units.
(n) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. Section 5103 and is required to be placarded under subpart F of 49 CFR, Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.
(o) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(p) "Nonresident commercial driver's license" means a commercial driver's license issued by a state to an individual who resides in a foreign jurisdiction.
(q) "Serious traffic violation" means conviction, when operating a commercial motor vehicle or when operating a noncommercial motor vehicle when the conviction results in the revocation, cancellation, or suspension of the operator's license or operating privilege, of:
(i) Excessive speeding, involving a single charge of any speed 15 miles per hour or more, above the posted speed limit;
(ii) Reckless driving, as defined under state or local law;
(iii) Improper traffic lane changes, as defined in Section 63-3-601, 63-3-603, 63-3-613, or 63-3-803;
(iv) Following the vehicle ahead too closely, as defined in Section 63-3-619;
(v) A violation of any state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person;
(vi) Operating a commercial motor vehicle without obtaining a commercial driver's license;
(vii) Operating a commercial motor vehicle without a commercial driver's license in the driver's possession. However, no person may be found to have committed this violation if the person provides proof to the enforcement officer who issued the traffic complaint that the individual held a commercial driver's license valid on the date the complaint was issued;
(viii) Operating a commercial motor vehicle without the proper class of commercial driver's license or endorsements, or both.
(r) "Out-of-service order" means a declaration by the Federal Motor Carrier Safety Administration or an authorized enforcement officer of a federal, state, Commonwealth of Puerto Rico, Canadian, Mexican, or local jurisdiction, that a driver, or a commercial motor vehicle, or a school bus, or a motor carrier operation, is out of service.
(s) "State" means a state, territory or possession of the United States, the District of Columbia, the Republic of Mexico and any Canadian province.
(t) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 CFR, Part 171. However, they do not include portable tanks having a rated capacity under one thousand (1,000) gallons.
(u) "United States" means the fifty (50) states and the District of Columbia.
SECTION 4. The following shall be codified as Section 63-1-204, Mississippi Code of 1972:
63-1-204. Limitation on number of driver's licenses. No person who drives a commercial motor vehicle shall have more than one driver's license.
SECTION 5. The following shall be codified as Section 63-1-205, Mississippi Code of 1972:
63-1-205. Notification required by driver. (1) The driver of a commercial motor vehicle shall notify the state and employers of convictions as follows:
(a) The state. Any driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the commissioner in the manner specified by the commissioner within thirty (30) days of the date of conviction.
(b) Employers. Any driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the driver's employer in writing of the conviction within thirty (30) days of the date of conviction.
(c) Notification of suspensions, revocations and cancellations. A driver whose driver's license is suspended, revoked, or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify the driver's employer of that fact before the end of the business day following the day the driver received notice of that fact.
(d) Notification of previous employment. Any person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the ten (10) years preceding the date of application:
(i) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(ii) The dates between which the applicant drove for each employer; and
(iii) The reason for leaving that employer.
The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
SECTION 6. The following shall be codified as Section 63-1-206, Mississippi Code of 1972:
63-1-206. Employer responsibilities. (1) Each employer shall require the applicant to provide the information specified in Section 63-3-105(3).
(2) No employer may knowingly allow, permit or authorize a driver to drive a commercial motor vehicle during any period:
(a) In which the driver has a driver's license suspended, revoked, or cancelled by a state or has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or
(b) In which the driver has more than one (1) driver's license.
SECTION 7. The following shall be codified as Section 63-1-207, Mississippi Code of 1972:
63-1-207. Commercial driver's license required. (1) Except when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this state unless the person:
(a) Holds a commercial driver's license; and
(b) Is in immediate possession of the license; and
(c) The license has the applicable endorsements valid for the vehicle the person is driving.
(2) No person may drive a commercial motor vehicle while the person's driving privilege is suspended, revoked, or cancelled, while subject to a disqualification, or in violation of an out-of-service order.
(3) (a) Notwithstanding the provisions of this section, employees of farm-related service industries shall be exempt from the knowledge and skills tests required under this article, and shall be issued restricted commercial drivers licenses as long as the applicants meet the requirements of 49 CFR, Part 383, as amended from time to time, and upon payment of the appropriate fee.
(b) "Farm-related service industries" shall include farm retail outlets and suppliers, agri-chemical businesses, custom harvesters, and livestock feeders.
SECTION 8. The following shall be codified as Section 63-1-208, Mississippi Code of 1972:
63-1-208. Commercial driver's license qualification standards. (1) Except as otherwise provided, the commissioner shall not issue a commercial driver's license and commercial driver instruction permit to any person under the age of twenty-one (21) years.
(2) No person may be issued a commercial driver's license unless that person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 CFR, Part 383, subparts G and H and has satisfied all other requirements of Title XII of Public Law 99-570 in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the commissioner.
(3) The commissioner may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided:
(a) The test is the same as would otherwise be administered by the state; and
(b) The third party has entered into an agreement with this state which complies with requirements of 49 CFR, Part 383.75.
(4) A skills test may be waived as follows:
(a) The commissioner, by rules adopted pursuant to the Mississippi Administrative Procedures Law, may provide for a waiver of the skills test specified in this section for a commercial driver's license applicant who meets the requirements of 49 CFR, Part 383.77;
(b) The rules may establish deadlines by which applicants must claim entitlement and qualification to skills test waivers and may provide for the scheduling of group knowledge testing.
(5) A commercial driver instruction permit shall be issued as follows:
(a) A commercial driver instruction permit may be issued to an individual who holds a valid driver's license from any jurisdiction who has passed the vision and written tests required for the class of license authorizing the operation of the type of vehicle for which the permit application is being made;
(b) The commercial driver instruction permit shall be issued for a period of six (6) months for a fee of Twelve Dollars ($12.00). Only one (1) renewal or reissuance may be granted within a two-year period. The holder of a commercial driver instruction permit may, unless otherwise disqualified, drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(6) The fee for a knowledge test and accompanying skill test shall be Thirty Dollars ($30.00) for the first test and Twenty-five Dollars ($25.00) for each subsequent test. The fee for an endorsement test shall be Ten Dollars ($10.00). In the event that an applicant fails a test three times, the person may not take the test again for at least six (6) months. A fee of Twenty Dollars ($20.00) shall be paid by the applicant before the applicant may schedule a skill test. If an applicant does not appear for the scheduled skill test, the Twenty Dollar ($20.00) scheduling fee is forfeited and another Twenty Dollar ($20.00) scheduling fee must be paid before another skill test will be scheduled, unless the applicant has given the department at least forty-eight (48) hours' notice of cancellation of the test. If the applicant passes the skill test, the Twenty Dollar ($20.00) scheduling fee for that test will be used as part of the license fee. If the applicant appears for the scheduled skill test and fails the skill test, a subsequent skill test will be scheduled without an additional Twenty Dollar ($20.00) fee.
(7) A commercial driver's license, or commercial driver instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked or cancelled in any state. A driver's license may not be issued to a person who has a commercial driver's license issued by any state unless the person first surrenders all driver's licenses issued by any state, which licenses shall be returned to the issuing states for cancellation.
(8) A person shall be entitled to take the test for a commercial driver's license unless the person's driver's license is, at the time of the requested test, suspended, revoked, cancelled or disqualified in any other state.
(9) Notwithstanding any requirement imposed by state law or state or federal regulations restricting the issuance of a commercial driver's license to a person suffering from diabetes, a person suffering from diabetes may be issued a commercial driver's license if the person otherwise meets all qualifications for issuance provided:
(a) The driver is physically examined every year, including an examination by a board-certified/eligible endocrinologist attesting to the fact that the driver is:
(i) Free of insulin reactions (an individual is free of insulin reactions if that individual does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one (1) documented, symptomatic hypoglycemic reaction per month);
(ii) Able to and has demonstrated willingness to properly monitor and manage the person's diabetes; and
(iii) Not likely to suffer any diminution in driving ability due to the person's diabetic condition.
(b) The driver agrees to and complies with the following conditions:
(i) A source of rapidly absorbable glucose shall be carried at all times while driving;
(ii) Blood glucose levels shall be self-monitored one (1) hour prior to driving and at least once every four (4) hours while driving or on duty prior to driving using a portable glucose monitoring device equipped with a computerized memory;
(iii) Submit blood glucose logs to the endocrinologist or medical examiner at the annual examination or when otherwise directed by the Department of Public Safety;
(iv) Provide a copy of the endocrinologist's report to the medical examiner at the time of the annual medical examination; and
(v) Provide a copy of the annual medical certification to the person's employer for retention in the driver's qualification file and retain a copy of the certification on his person while driving for presentation to a duly authorized federal, state or local enforcement official.
(c) The commercial license issued under this subsection (9) will bear an endorsement restricting commercial driving on the license to driving only within the boundaries of Mississippi.
SECTION 9. The following shall be codified as Section 63-1-209, Mississippi Code of 1972:
63-1-209. Nonresident commercial driver's license. The commissioner may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 CFR, Part 383. In addition, the commissioner may issue a nonresident commercial driver's license to a person domiciled in a state while that state is prohibited from issuing commercial driver's licenses in accordance with 49 CFR, Part 384.405. The word "nonresident" must appear on the face of the nonresident commercial driver's license. An applicant shall surrender any nonresident commercial driver's license issued by another state. Prior to issuing a nonresident commercial driver's license, the commissioner shall establish the practical capability of revoking or suspending the nonresident commercial driver's license.
SECTION 10. The following shall be codified as Section 63-1-210, Mississippi Code of 1972:
63-1-210. Application for commercial driver's license. (1) The application for a commercial driver's license or commercial driver instruction permit shall include the following:
(a) The full name and current mailing and residential address of the person.
(b) A physical description of the person, including sex, height and weight.
(c) Date of birth.
(d) The applicant's social security number, unless the application is for a nonresident commercial driver's license.
(e) The person's signature.
(f) Certifications that:
(i) For an applicant who operates or expects to operate in interstate or foreign commerce or who is otherwise subject to 49 CFR, Part 391, the applicant meets the qualifications requirements contained in Part 391; or for an applicant who operates or expects to operate entirely in intrastate commerce and who is not subject to Part 391, that the applicant is subject to state driver qualification requirements and is not subject to Part 391;
(ii) The motor vehicle in which the applicant's skills test will be taken is representative of the type of motor vehicle that the applicant operates or expects to operate;
(iii) The applicant is not subject to any disqualification under 49 CFR, Part 385.51, or any license suspension, revocation, or cancellation under state law; and
(iv) The applicant does not have a driver's license from more than one (1) state or jurisdiction.
(g) Any other information required by the commissioner, including, but not limited to, the names of all states where the applicant has been licensed to operate any type of motor vehicle during the previous ten (10) years.
(h) The application shall be accompanied by the proper fee. The four-year fee shall be Seventy-five Dollars ($75.00). The two-year fee shall be Fifty Dollars ($50.00). In those instances where the applicant surrenders a valid Mississippi Class D license, the total fees due shall be reduced by:
(i) One-quarter (1/4) of the four-year fee established by Section 63-1-43 for each remaining full year of validity; or
(ii) One-half (1/2) of the two-year fee paid for each remaining full year of validity.
(2) When a licensee or permittee changes his or her name, mailing address, or residence or in the case of the loss, mutilation, or destruction of a license or permit, the licensee or permittee shall forthwith notify the commissioner and apply in person for a duplicate license or permit in the same manner as set forth in subsection (1) of this section. The fee for a duplicate license or permit shall be Ten Dollars ($10.00).
(3) A person who has been a resident of this state for more than 30 days shall not drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
(4) Any person who knowingly falsifies information or certifications required under subsection (1) of this section shall have the person's commercial driver's license revoked. Such persons may reapply for a commercial driver's license no sooner than sixty (60) days after the revocation.
(5) (a) Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for a commercial license or renewal of a commercial license under this article shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx. 451 et seq., as amended.
(b) The department shall forward in an electronic format the necessary personal information of the applicant to the Selective Service System. The applicant's submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration. The commissioner shall notify the applicant on, or as a part of, the application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required. The commissioner also shall notify any male applicant under the age of eighteen (18) that he will be registered upon turning age eighteen (18) as required by federal law.
SECTION 11. The following shall be codified as Section 63-1-211, Mississippi Code of 1972:
63-1-211. Commercial driver's license. (1) Contents of license. A commercial driver's license shall be marked "commercial driver's license" or "CDL," and shall be, to the maximum extent practicable, tamper proof, and shall include, but not be limited to, the following information:
(a) The name and residential address of the person.
(b) The person's color photograph or imaged likeness. A person issued a license under this subsection that contains an imaged likeness may renew the person's license by mail. Except that a renewal must be made in person so that an updated imaged likeness of the person is obtained no less often than once every eight (8) years.
(c) A physical description of the person including sex, height, and weight.
(d) Date of birth.
(e) Any number or identifier deemed appropriate by the commissioner.
(f) The person's signature.
(g) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions.
(h) The name of this state.
(i) The dates between which the license is valid.
(2) Classifications, endorsements and restrictions. Driver's licenses may be issued with the following classifications, endorsements, and restrictions:
(a) Classifications. Licensees may drive all vehicles in the class for which the license is issued and all lesser classes of vehicles, except those requiring special endorsements.
(i) Class A - Any combination of vehicles with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand (10,000) pounds.
(ii) Class B - Any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, and any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds.
(iii) Class C - Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds comprising:
1. Vehicles designed to transport sixteen (16) or more passengers, including the driver; and
2. Vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 CFR, Part 172, subpart F.
(iv) Class D - Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds except vehicles included in Class C or vehicles which require a special endorsement unless the proper endorsement appears on the license. Class D licenses shall not be commercial driver's licenses.
(b) Licenses may be issued with appropriate endorsements and restrictions noted thereon. The commissioner shall determine the manner of notation. Endorsements and restrictions may include, but are not limited, to those which:
(i) Authorize a driver to drive a vehicle transporting hazardous materials;
(ii) Restrict the driver to vehicles not equipped with air brakes when the person either fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes;
(iii) Authorize driving motorcycles;
(iv) Authorize driving tank vehicles;
(v) Authorize driving vehicles carrying passengers;
(vi) Authorize driving school buses;
(vii) Authorize driving double trailers;
(viii) Restrict the driver to operation solely within this state. A commercial driver's license or commercial driver instruction permit with this restriction may be issued to any person who has attained the age of eighteen (18) years.
(3) Before issuing a commercial driver's license, the commissioner shall request the applicant's complete operating record from any state in which the applicant was previously licensed to operate any type of motor vehicle in the past ten (10) years, conduct a check of the applicant's operating record by querying the national driver register, established under 49 USC Section 30302, and the commercial driver's license information system, established under 49 USC Section 31309, to determine if:
(a) The applicant has already been issued a commercial driver's license; and the applicant's commercial driver's license has been suspended, revoked, or canceled;
(b) The applicant had been convicted of any offenses contained in Section 205(a)(3) of the National Driver Register Act of 1982 (23 U.S.C. Section 401 note).
(4) Within ten (10) days after issuing a commercial driver's license, the commissioner shall notify the commercial driver license information system of that fact, providing all information required to ensure identification of the person.
(5) The commercial driver's license shall expire in the manner set forth in Section 63-1-43.
(6) When applying for renewal of a commercial driver's license, the applicant shall complete the application form required by Section 63-1-210, providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. In addition, the applicant must successfully complete the security threat assessment required by 49 CFR, Part 1572.
SECTION 12. The following shall be codified as Section 63-1-212, Mississippi Code of 1972:
63-1-212. Records; notification. After suspending, revoking, or disqualifying a person from holding a commercial driver's license, the commissioner shall update the person's records to reflect that action within ten (10) days. After suspending, revoking or disqualifying a nonresident commercial driver's privileges, the commissioner shall notify the licensing authority of the state which issued the commercial driver's license or commercial driver certificate within ten (10) days.
SECTION 13. The following shall be codified as Section 63-1-213, Mississippi Code of 1972:
63-1-213. Notification of traffic convictions. When a person who holds a commercial driver's license issued by another state is convicted in this state of any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, in any type of vehicle, the commissioner shall notify the driver licensing authority in the licensing state of the conviction within thirty (30) days.
SECTION 14. The following shall be codified as Section 63-1-214, Mississippi Code of 1972:
63-1-214. Agreements. The commissioner may enter into or make agreements, arrangements or declarations to carry out the provisions of this article.
SECTION 15. The following shall be codified as Section 63-1-215, Mississippi Code of 1972:
63-1-215. Reciprocity. (1) Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a valid commercial driver's license issued by:
(a) Any state of the United States;
(b) Any province or territory of Canada in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses; or
(c) the Licensia Federal de Conductor issued by the Republic of Mexico, if the person's license is not suspended, revoked, or canceled and if the person is not disqualified from driving a commercial motor vehicle or subject to an out-of-service order.
(2) The commissioner shall give all out-of-state convictions full faith and credit and treat them for sanctioning purposes under this article as if they occurred in this state.
(3) The commissioner shall record disqualifications and convictions received from other jurisdictions regarding Mississippi operators.
SECTION 16. The following shall be codified as Section 63-1-216, Mississippi Code of 1972:
63-1-216. Disqualification and suspension. (1) (a) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if convicted of a first violation of:
(i) Operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence as provided in Section 63-11-30;
(ii) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(iii) Using a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year;
(iv) Refusal to submit to a test to determine the operator's alcohol concentration, as provided in Title 63, Chapter 11, Mississippi Code of 1972;
(v) Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of eight one-hundredths percent (0.08) or more, or under the influence of intoxicating liquor or other substance, as provided in Section 63-11-30;
(vi) Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely as provided in Section 63-11-30;
(vii) Operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;
(viii) Operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.
(b) A person shall be disqualified from driving a commercial motor vehicle for three (3) years if convicted of a violation listed in subsection (1) of this section, if the violation occurred while transporting a hazardous material required to be placarded.
(c) A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two (2) or more separate violations listed in subsection (1) of this section arising from two (2) or more separate occurrences.
(d) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period.
(e) A person shall be disqualified from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug and for which the person was convicted.
(f) A person who is disqualified from driving a commercial motor vehicle shall surrender the person's Mississippi commercial driver's license no later than the effective date of the disqualification. Upon receipt of the person's commercial driver's license, a Class D license shall be issued, provided the individual is otherwise eligible.
(g) The commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except for a disqualification issued pursuant to subsection (5) of this section, may be reduced to a period of not less than ten (10) years.
(h) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.
(i) A person shall be disqualified from driving a commercial motor vehicle for a period of one hundred twenty (120) days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.
(j) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.
(k) A person shall be disqualified for a term concurrent with any disqualification issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 CFR, Part 383.52.
(2) (a) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for one (1) year, if:
(i) The person is convicted of a first violation of operating, attempting to operate or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence, as provided in Section 63-11-30; and
(ii) The person's commercial driver's license is issued by a state or country that does not have a reciprocity agreement with the State of Mississippi for the disqualification of commercial driver's licenses under Section 63-11-115.
(b) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for three (3) years if the person is convicted of violating subsection (1) of this section, and the violation occurred while the person was transporting a hazardous material required to be placarded.
(c) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person is convicted a second time of violating subsection (1) of this section, and both convictions arise out of separate occurrences.
(d) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for sixty (60) days if the person is convicted of two (2) serious traffic violations, or for one hundred twenty (120) days if the person is convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period.
(e) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person uses a commercial motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year, involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug, and for which the person was convicted.
(f) In addition to the reasons specified in this section for suspension of the commercial driver's license, the commissioner shall be authorized to suspend the commercial driver's license of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a commercial driver's license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 17. The following shall be codified as Section 63-1-217, Mississippi Code of 1972:
63-1-217. Suspensions and disqualifications to run concurrently. A suspension of a person's operating privilege or license and a disqualification imposed under Section 63-1-216 imposed for the same violation, shall run concurrently.
SECTION 18. The following shall be codified as Section 63-1-218, Mississippi Code of 1972:
63-1-218. Effective date of disqualification; hearing. (1) A disqualification from driving a commercial motor vehicle shall be effective on not less than ten (10) days' notice.
(2) If requested, a hearing on the disqualification shall be conducted, under Section 63-1-53. The scope of the hearing shall be limited to verification of the conviction.
(3) A person aggrieved by a decision resulting from a hearing under this section may have the decision reviewed on the record. The appeal shall be to the Circuit Court of the First Judicial District of Hinds County or, in the discretion of the licensee, to the circuit court of the county in which the licensee resides or has a principal place of business.
SECTION 19. The following shall be codified as Section 63-1-219, Mississippi Code of 1972:
63-1-219. Disqualification from operation of vehicle. (1) Any person convicted for violating an out-of-service order shall be disqualified as follows except as provided in subsection (2) of this section:
(a) A person shall be disqualified from driving a commercial motor vehicle for a period of ninety (90) days if convicted of a first violation of an out-of-service order.
(b) A person shall be disqualified for a period of one (1) year if convicted of a second violation of an out-of-service order during any ten-year period, arising from separate incidents.
(c) A person shall be disqualified for a period of three (3) years if convicted of a third or subsequent violation of an out-of-service order during any ten-year period, arising from separate incidents.
(2) Any person convicted for violating an out-of-service order while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport fifteen (15) or more passengers, including the driver, shall be disqualified as follows:
(a) A person shall be disqualified for a period of one hundred eighty (180) days if convicted of a first violation of an out-of-service order.
(b) A person shall be disqualified for a period of three (3) years if convicted of a second or subsequent violation of an out-of-service order during any ten-year period, arising from separate incidents.
SECTION 20. The following shall be codified as Section 63-1-220, Mississippi Code of 1972:
63-1-220. Penalties. (1) Notwithstanding any other provision of law to the contrary, any driver who violates or fails to comply with an out-of-service order is subject to a penalty of One Thousand Five Hundred Dollars ($1,500.00), in addition to disqualification under this article.
(2) Any employer who violates an out-of-service order, or who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, is subject to a penalty of Four Thousand Dollars ($4,000.00).
(3) The fine imposed for a speeding violation of a commercial motor vehicle operating in excess of fifteen (15) miles per hour over the legally posted speed limit on any highway shall be one and one-half (1-1/2) times the fine imposed for a speeding violation in other vehicles.
SECTION 21. The following shall be codified as Section 63-1-221, Mississippi Code of 1972:
63-1-221. Applicants for school bus endorsements. (1) An applicant for a school bus endorsement shall satisfy the following requirements:
(a) Pass the knowledge and skills test for obtaining a passenger vehicle endorsement.
(b) Have knowledge covering the following topics, at minimum:
(i) Loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights, and other warning and passenger safety devices required for school buses by state or federal law or regulation.
(ii) Emergency exits and procedures for safely evacuating passengers in an emergency.
(iii) State and federal laws and regulations related to traversing safely highway rail grade crossings.
(iv) A skills test in a school bus of the same vehicle group as the applicant will operate.
(2) The department may waive the skills test required in subsection (1)(a) of this section for an applicant who:
(a) Is currently licensed, has experience operating a school bus, and has a good operating record;
(b) Certifies, and whose certification is verified by the department, that, during the two-year period immediately prior to applying for the school bus endorsement, the applicant:
(i) Held a valid commercial driver's license with a passenger endorsement to operate a school bus representative of the group the applicant will be operating;
(ii) Has not had the applicant's operator's license or commercial driver's license suspended, revoked, or cancelled or been disqualified from operating a commercial motor vehicle;
(iii) Has not been convicted of any offense that would require disqualification under Section 63-1-216 or 49 CFR, Part 383.51(b);
(iv) Has not had more than one (1) conviction for a serious traffic violation while operating any type of motor vehicle;
(v) Has not had any conviction for a violation of state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident;
(vi) Has not been convicted of any motor vehicle traffic violation that resulted in an accident; and
(vii) Has been regularly employed as a school bus driver and provides evidence of such employment.
SECTION 22. The following shall be codified as Section 63-1-222, Mississippi Code of 1972:
63-1-222. Deferring imposition of sentence. No judge or court may utilize the provisions of Sections 63-1-71(3) or 63-9-11(3) or any other program to defer imposition of sentence or judgment if the defendant holds a commercial driver's license or was operating a commercial motor vehicle when the violation occurred and is charged with violating any state or local traffic law other than a parking violation.
SECTION 23. The following shall be codified as Section 63-1-223, Mississippi Code of 1972:
63-1-223. Penalty for authorizing railroad crossing violations. Any employer who knowingly requires or permits a driver to operate a commercial motor vehicle in violation of Section 77-9-249 is subject to a penalty of not more than Four thousand Dollars ($4,000.00).
SECTION 24. The following shall be codified as Section 63-1-225, Mississippi Code of 1972:
63-1-225. (1) A person who drives a commercial motor vehicle within this state for which a commercial driver instruction permit or a commercial driver's license is required under this article is deemed to have given his consent to a chemical test or tests of his breath for the purpose of determining the alcohol content of his blood. A person may give his consent to a chemical test or tests of his blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person's ability to drive a motor vehicle.
(2) The tests shall be administered, and all procedures and proceedings relating thereto shall be performed, as nearly as practicable, in accordance with the provisions of the Mississippi Implied Consent Law. However, from and after April 1, 1992, refusal of any such person to submit to such test or a test given which indicates that such person was driving such motor vehicle within this state with any measurable or detectable amount of alcohol in his system or while under the influence of a controlled substance shall require such person to be immediately placed out of service for twenty-four (24) hours and shall require suspension of the commercial driver's license of such person for the applicable period of time prescribed in this article.
SECTION 25. The following shall be codified as Section 63-1-227, Mississippi Code of 1972:
63-1-227. Except as otherwise specifically provided by this article, any violation of this article for which the only penalty under this article is the requirement that the commissioner suspend the commercial driver instruction permit or commercial driver's license of a person shall not, for the purposes of this article, constitute a criminal offense. However, if a violation of this article also constitutes a criminal offense under the provisions of some other law, then any criminal penalty which may be imposed for violation of such criminal law shall be in addition to suspension of a person's license under this article.
If violation of any law of this state other than a violation of this article requires that the driver's license or driving privileges of a person be suspended, cancelled or revoked, then any suspension, cancellation or revocation imposed for violation of such law shall also result in suspension, revocation or cancellation of the person's commercial driver instruction permit or commercial driver's license under the provisions of this article for the same period of time and to run concurrently therewith.
If any person's commercial driver instruction permit or commercial driver's license is suspended under the provisions of this article and the violation is not an offense for which a person's driver's license or driving privileges are suspended, revoked or cancelled under the provisions of some law other than the provisions of this article, then the person may apply for and obtain, upon meeting all qualifications as required by law, any type of driver's license other than a commercial driver's license or permit issued under the provisions of this article.
SECTION 26. The following shall be codified as Section Section 63-1-229, Mississippi Code of 1972:
63-1-229. The commissioner is authorized to make use of the facilities and property upon which are located inspection stations, as prescribed in Sections 27-5-71 and 27-5-73, for the purpose of commercial driver's license testing sites under the Mississippi Commercial Driver's License Law. The State Tax Commission shall cooperate with the Commissioner of Public Safety in making such property and facilities available for such use; however, the use of the inspection stations by the Commissioner of Public Safety shall not unreasonably interfere with the duties of the State Tax Commission.
SECTION 27. Sections 63-1-73, 63-1-74, 63-1-75, 63-1-76, 63-1-77, 63-1-78, 63-1-79, 63-1-80, 63-1-81, 63-1-82, 63-1-83, 63-1-84, 63-1-85, 63-1-86, 63-1-87, 63-1-88, 63-1-89, and 63-1-90, Mississippi Code of 1972, which comprise the Mississippi Commercial Driver's License Law, Title 63, Chapter 1, Article 2, are repealed.
SECTION 28. Sections 1 through 26 of this act shall be codified as Article 5 of Title 63, Chapter 1, Mississippi Code of 1972.
SECTION 29. This act shall take effect and be in force from and after July 1, 2009.