MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division B
By: Senator(s) Chassaniol
AN ACT TO PROHIBIT PASSING A SANITATION VEHICLE THAT IS STOPPED FOR LOADING, AND TO MAKE EXCEPTION FOR CERTAIN TRAFFIC ON A DIVIDED HIGHWAY; TO AMEND SECTIONS 63-3-809 AND 63-7-19, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) Upon meeting or overtaking a sanitation vehicle that has stopped on a street or highway for the purpose of loading solid waste, refuse or recyclable material, the driver of an approaching vehicle must come to a complete stop at least ten (10) feet from the sanitation vehicle if there is in operation on the sanitation vehicle the flashing or oscillating lights provided in Section 63-7-23, and when a retractable, hand-operated stop sign is extended; the driver shall not proceed until the sanitation vehicle has resumed motion and the hand-operated stop sign is retracted.
(b) The driver of a vehicle upon a divided highway that has four (4) lanes or more and permits at least two (2) lanes of traffic to travel in opposite directions need not stop upon meeting or passing a sanitation vehicle that is stopped in the opposing roadway.
(c) For the purposes of this section, "sanitation vehicle" means a motor vehicle used to collect solid waste, refuse or recyclable material that is:
(i) Owned or operated by a county, a municipality or other political subdivision of this state; or
(ii) Owned or operated by a contractor under contract with a county, a municipality or other political subdivision of this state.
(2) A person who violates the provisions of subsection (1) of this section is guilty of a misdemeanor and shall be punished as follows:
(a) For a first conviction, a fine of not less than Three Hundred Fifty Dollars ($350.00) nor more than Seven Hundred Fifty Dollars ($750.00), or imprisonment for not more than one (1) year, or both.
(b) For a second or subsequent offense, the offenses being committed within a period of five (5) years, a fine of not less than Seven Hundred Fifty Dollars ($750.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), or imprisonment for not more than one (1) year, or both.
SECTION 2. Section 63-3-809, Mississippi Code of 1972, is amended as follows:
63-3-809. (1) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a law enforcement officer.
(2) Upon approaching a stationary authorized emergency vehicle, when such vehicle is giving a signal by use of flashing, blinking, oscillating or rotating lights, as authorized under Section 63-7-19, a person who drives an approaching vehicle shall:
(a) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
(b) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe.
(3) Upon approaching a
stationary recovery vehicle, utility service vehicle, * * * or highway maintenance
vehicle, when the stationary vehicle is giving a signal by use of authorized
flashing lights, a person who drives an approaching vehicle shall:
(a) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle, if possible, with due regard to safety and traffic conditions, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
(b) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe.
(4) For purposes of this section, unless the context otherwise clearly requires:
(a) "Highway maintenance vehicle" means a vehicle used for the maintenance of highways and roadways in this state and is:
(i) Owned or operated by the Department of Transportation, a county, a municipality or other political subdivision of this state; or
(ii) Owned or operated by a contractor under contract with the Department of Transportation, a county, a municipality or other political subdivision of this state.
(b) "Recovery vehicle" means a truck that is specifically designed for towing a disabled vehicle or a combination of vehicles.
(c) "Utility service vehicle" means a vehicle used by any person, municipality, county, electric cooperative, corporation, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, wastewater services, telecommunications services or any combination thereof, for sale to consumers in any particular service area, or by any contractor under contract with any such entity.
* * *
(5) Upon approaching a vehicle that is marked with some combination of white flashing strobe or amber and red lights, as provided in Section 63-7-19, that is operated by a United States rural mail carrier for the purpose of delivering United States mail, and that is stationary, including when the vehicle is signaling the intention to enter the roadway, a person who drives an approaching vehicle shall:
(a) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle, if possible, with due regard to safety and traffic conditions, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
(b) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe.
(6) A violation of this section is a misdemeanor punishable by a fine:
(a) Of not more than Two Hundred Fifty Dollars ($250.00); or
(b) Of not more than One Thousand Dollars ($1,000.00) if violation of this section results in:
(i) Property
damage to the emergency vehicle, * * * highway maintenance
vehicle, utility service vehicle, recovery vehicle or rural mail carrier
vehicle; or
(ii) Bodily injury to the driver or a passenger of any such vehicle.
(7) This section shall not
operate to relieve the driver of an authorized emergency vehicle, * * * a recovery vehicle, a
utility service vehicle, a highway maintenance vehicle or a rural mail carrier
vehicle from the duty to drive with due regard for the safety of all persons
using the roadway.
SECTION 3. Section 63-7-19, Mississippi Code of 1972, is amended as follows:
63-7-19. (1) (a) Except as otherwise provided for unmarked vehicles under Section 19-25-15 and Section 25-1-87, every police vehicle shall be marked with blue lights. Every ambulance and special use EMS vehicle as defined in Section 41-59-3 shall be marked with red lights front and back and also may be marked with white and amber lights in addition to red lights. Every emergency management/civil defense vehicle, including emergency response vehicles of the Department of Environmental Quality, shall be marked with blinking, rotating or oscillating red lights. Official vehicles of a 911 Emergency Communications District may be marked with red and white lights. Every wrecker or other vehicle used for emergency work, except vehicles authorized to use blue or red lights, shall be marked with blinking, oscillating or rotating amber-colored lights to warn other vehicles to yield the right-of-way, as provided in Section 63-3-809. Only police vehicles used for emergency work may be marked with blinking, oscillating or rotating blue lights to warn other vehicles to yield the right-of-way. Only law enforcement vehicles, fire vehicles, private or department-owned vehicles used by firemen of volunteer fire departments which receive funds pursuant to Section 83-1-39 when responding to calls, emergency management/civil defense vehicles, emergency response vehicles of the Department of Environmental Quality, ambulances used for emergency work, and 911 Emergency Communications District vehicles may be marked with blinking, oscillating or rotating red lights to warn other vehicles to yield the right-of-way. This section shall not apply to school buses carrying lighting devices in accordance with Section 63-7-23.
(b) Emergency response vehicles listed in this subsection (1) are also authorized to use alternating flashing headlights when responding to any emergency.
(2) Any vehicle operated by a United States rural mail carrier for the purpose of delivering United States mail may be marked with two (2) amber-colored lights on front top of the vehicle and two (2) red-colored lights on rear top of the vehicle and alternatively or additionally may be marked with a white, flashing strobe light on the roof of the vehicle so as to warn approaching travelers to decrease their speed because of danger of colliding with the mail carrier as he stops and starts along the edge of the road, street or highway.
(3) Any sanitation vehicle
operated by a county, municipality or other political subdivision of this state
or by a contractor under contract with a county, municipality or other
political subdivision of this state to collect solid waste, refuse or
recyclable material may be marked with flashing or oscillating white- or amber-colored
lights so as to warn approaching travelers to * * * stop when required by law
because of the danger of colliding with the sanitation collection vehicle as it
stops and starts along the road, street or highway.
(4) Any nonlaw enforcement vehicle being used to lead and facilitate the movement of a military funeral procession may be marked with blinking, rotating or oscillating purple lights. "Military funeral procession" means two (2) or more vehicles accompanying the body of a deceased member of the United States Armed Forces, or traveling to the church, chapel or other location at which the funeral service or entombment is to be held.
SECTION 4. This act shall take effect and be in force from and after July 1, 2018.