2017 Regular Session
To: Highways and Transportation
By: Senator(s) Simmons (13th)
AN ACT TO AMEND SECTION 63-2-1, MISSISSIPPI CODE OF 1972, TO MANDATE THAT THE OPERATOR AND ALL PASSENGERS UNDER THE AGE OF 18 WHO ARE NOT REQUIRED TO USE A CHILD PASSENGER RESTRAINT SYSTEM MUST WEAR A PROPERLY FASTENED SEAT BELT; TO AMEND SECTION 63-2-7, MISSISSIPPI CODE OF 1972, TO CONFORM THE PENALTIES FOR FAILURE TO WEAR A PROPERLY FASTENED SEAT BELT; TO PROVIDE THAT THIS ACT SHALL BE KNOWN AS HARLIE'S LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 * * *
passenger and every child under * * * the age of eighteen (18) regardless of the seat that the child
occupies, * * *
must 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.
(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 that are not autocycles as defined in Section 63-3-103, mopeds, all-terrain vehicles or trailers.
(3) This section shall not apply to:
(a) Vehicles * * *
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 * * *
(e) A child who is required to be protected by the use of a child passenger restraint device or system or a belt-positioning booster seat system under the provisions of Sections 63-7-301 through 63-7-311; and
(f) Vehicles manufactured without seat belts or in compliance with seat belt standards at the time of manufacture.
SECTION 2. 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 * * *
and any passengers.
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 Twenty-five Dollars ($25.00) 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 3. This act shall be known as "Harlie's Law."
SECTION 4. This act shall take effect and be in force from and after July 1, 2017.