MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Transportation
By: Representative Massengill
AN ACT TO AMEND SECTION 63-31-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITIONS OF ALL-TERRAIN VEHICLES AND RECREATIONAL OFF-HIGHWAY VEHICLES FOR THE PURPOSES OF THE STATUTE REGULATING THE OPERATION OF OFF-ROAD VEHICLES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-31-3, Mississippi Code of 1972, is amended as follows:
63-31-3. (1) No off-road vehicle shall be operated upon any public property by any person unless:
(a) (i) The person possesses a valid driver's license; or
(ii) The person possesses a certificate as provided under subsections (3) and (4) of this section.
(b) No person may operate any off-road vehicle upon any public property in this state unless each person under sixteen (16) years of age who is operating or riding on the off-road vehicle is wearing a crash helmet that complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to the federal Motor Vehicle Safety Standard No. 218 (49 CFR 571.218) for helmets designed for use by motorcyclists.
(2) A violation of subsection (1) of this section is punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00).
(3) Off-road vehicle safety courses shall be held by the Cooperative Extension Service using 4-H safety course materials and curricula, and shall be taught by instructors possessing qualifications approved by the Department of Public Safety. The Cooperative Extension Service shall issue a certificate to each person who satisfactorily completes the off-road vehicle safety course.
(4) Off-road vehicle safety courses may be held by any organization approved by the Department of Public Safety. Such organization shall issue a certificate to each person who satisfactorily completes the off-road vehicle safety course.
(5) For the purposes of this section:
(a) "Off-road vehicle" means any all-terrain vehicle, dirt bike or recreational off-highway vehicle. The term "off-road vehicle" shall not include electric bicycles.
(b) "All-terrain vehicle"
or "ATV" means any motorized vehicle manufactured and designed exclusively
for off-road use that is * * * fifty (50) fifty-five (55) inches or less in width; has
an unladen dry weight of one thousand (1,000) pounds or less; and travels on three
(3), four (4) or more nonhighway tires. The term "all-terrain vehicle"
shall not include electric bicycles.
(c) "Dirt bike" means a motor-powered vehicle possessing two (2) or more tires, designed to travel over any terrain and capable of travelling off of paved roads, whether or not the vehicle may be operated legally on a public street. The term "dirt bike" shall not include electric bicycles.
(d) "Recreational
off-highway vehicle" means any motorized vehicle manufactured and designed
exclusively for off-road use that is * * * seventy-five (75) inches
or less in width; has an unladen dry weight of * * * three thousand five hundred
(3,500) pounds or less; and travels on four (4) or more nonhighway tires.
(6) Nothing in this section shall be construed to authorize operation of an off-road vehicle on a public road or highway of this state.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.