MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Transportation

By: Representatives Carpenter, Faulkner

House Bill 1503

(As Passed the House)

AN ACT TO AMEND SECTION 63-1-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ACTIVE DUTY MEMBERS OF THE MISSISSIPPI HIGHWAY SAFETY PATROL MAY CONDUCT DRIVER EDUCATION AND TRAINING PROGRAMS WITHIN THE STATE, AND COMPLETION OF SUCH PROGRAMS SHALL BE ACCEPTED FOR THE CERTIFICATION OF SUCCESSFUL COMPLETION OF AN INDIVIDUAL'S TRAINING IN THE KNOWLEDGE AND SKILLS NEEDED FOR THE PROPER AND SAFE OPERATION OF A MOTOR VEHICLE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-1-33, Mississippi Code of 1972, is amended as follows:

     63-1-33.  (1)  Except as otherwise provided under subsection (6) of this section, it shall be the duty of the license examiner, when application is made for an operator's license or regular learner's 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.

     (2)  Except as otherwise provided under subsection (6) of this section, 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.  Every examination shall ensure adequate knowledge on the part of the applicant as to school bus safety requirements.

     (3)  Prior to the administration of the test, the license examiner shall inspect the horn, lights, brakes, vehicle registration and proof of liability coverage 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.

     (4)  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.

     (5)  Except as otherwise provided by Section 63-1-6, when application is made for an original motorcycle endorsement, 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 skill test if the applicant presents a certificate showing successful completion of a course approved by the commissioner, which includes a similar examination of skills needed in the safe operation of a motorcycle.

     (6)  The Department of Public Safety may accept the certification of successful completion of an individual's training in the knowledge and skills needed for the proper and safe operation of a motor vehicle from a driver education and training program at a secondary school that meets the standards of the department, in lieu of the department administering the examination of the individual for the purpose of obtaining a driver's license.  The commissioner and the State Board of Education shall jointly promulgate rules and regulations for the administration of this subsection.

     (7)  The Department of Public Safety shall accept the certification of successful completion of an individual's training in the knowledge and skills needed for the proper and safe operation of a motor vehicle from a driver education and training program taught by an active duty member of the Mississippi Highway Safety Patrol that meets the standards of the department and is conducted within the State of Mississippi.  The commissioner shall promulgate rules and regulations for the administration of this subsection.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.