MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary, Division A; Highways and Transportation

By: Senator(s) Jolly

Senate Bill 2509

AN ACT TO AMEND SECTION 63-3-1307, MISSISSIPPI CODE OF 1972, TO REQUIRE BICYCLES OPERATED AT NIGHT TO BE EQUIPPED WITH LAMP AND REFLECTOR SAFETY EQUIPMENT; TO AMEND SECTIONS 63-7-11 AND 63-7-13, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-3-1307, Mississippi Code of 1972, is amended as follows:

     63-3-1307.  (1)  Every bicyclist operating a bicycle upon a roadway less than the normal speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following conditions:

          (a)  When it is unsafe to do so;

          (b)  When overtaking and passing another bicycle or vehicle proceeding in the same direction;

          (c)  When preparing for or making a left turn at an intersection or into a private road or driveway;

          (d)  When proceeding straight in a place where right turns are permitted; and

          (e)  When necessary to avoid hazardous conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or a lane of substandard width that makes it unsafe to continue along the right portion of the * * *way roadway.  For purposes of this paragraph, "lane of substandard width" means a lane that is too narrow for a bicycle and a vehicle to travel safely side by side in the lane.

     (2)  When operating a bicycle upon a roadway, a bicyclist must exercise due care when passing or overtaking a vehicle that is standing or proceeding in the same direction.

     (3)  Bicyclists riding bicycles upon a roadway shall not ride more than two (2) abreast, except on paths or parts of roadways set aside for exclusive use of bicycles.

     (4)  Bicyclists riding bicycles upon a roadway during the hours between sunset and sunrise shall be equipped with and operate:

          (a)  Reflecting and lighting equipment as required by Section 63-7-11;

          (b)  Pedal reflectors or ankle reflectors.

     SECTION 2.  Section 63-7-11, Mississippi Code of 1972, is amended as follows:

     63-7-11.  Every vehicle upon a highway within this state during the period from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of five hundred (500) feet ahead shall be equipped with lighted front and rear lamps or reflectors as respectively required in Section 63-7-13 for different classes of vehicles and subject to exemption with reference to lights on parked vehicles as * * *hereinafter stated in this chapter provided in Section 63-7-39.

     SECTION 3.  Section 63-7-13, Mississippi Code of 1972, is amended as follows:

     63-7-13.  (1)  Headlamps on motor vehicles.  Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) headlamps with at least one (1) on each side of the front of the motor vehicle * * *, which; the headlamps shall comply with the requirements and limitations set forth in Section 63-7-31.

     (2)  Headlamps on motorcycles.  Every motorcycle shall be equipped with at least one (1) and not more than two (2) headlamps which shall comply with the requirements and limitations set forth in Section 63-7-31.

     (3)  Rear lamps.  Every motor vehicle, trailer, semitrailer, pole trailer and any other vehicle which is being drawn in a train of vehicles shall be equipped with at least one (1) rear lamp mounted on the rear, which, when lighted, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear.  However, any antique automobile, as defined under Section 27-19-47, and any street rod, as defined under Section 27-19-56.6, may be equipped with one or more rear lamps that have been modified to emit a blue, violet or purple light resembling rear lamps appearing on some American automobiles originally manufactured in the 1940s and 1950s.

     Either a rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly readable from a distance of fifty (50) feet to the rear.  Any rear lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps, cowl lamps or fender lamps are lighted.

     (4)  Lamps on bicycles.  (a)  Every bicycle shall be equipped with a lighted white lamp on the front thereof visible under normal atmospheric conditions from a distance of at least five hundred (500) feet in front of * * *such the bicycle and shall also be equipped with a reflex mirror reflector or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least * * *five hundred (500) six hundred (600) feet to the rear of * * *such the bicycle; a functioning lamp that acts as a reflector and emits a red light or flashing amber light that is visible from a distance of not less than five hundred (500) feet to the rear of the bicycle may be used in addition to or instead of the rear reflector.

          (b)  A bicycle that is operated at night must comply with the reflector requirements of Section 63-3-1307.

     (5)  Lights on other vehicles.  All vehicles not required in this chapter to be equipped with special lighted lamps shall carry one or more lights, lamps or lanterns displaying a white light, visible under normal atmospheric conditions from a distance of not less than five hundred (500) feet to the front of * * *such the vehicle and shall display a reflex reflector or red light visible under like conditions from a distance of not less than three hundred (300) feet to the rear of * * *such the vehicle.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2018.