House Bill 436

AN ACT TO CREATE THE PATRIOT GUARD ACT; TO BRING FORWARD SECTION 63-7-73, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS CERTAIN SIZE VEHICLES FROM DRIVING WITHOUT SUITABLE PROTECTORS OR FLAPS ON REAR WHEELS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-7-73, Mississippi Code of 1972, is brought forward as follows:

63-7-73. (1) No person shall drive or operate or cause to be driven or operated, upon the public highways, streets, bridges and culverts within the State of Mississippi, or any subdivision thereof, any car, truck, truck-tractor, trailer or semi-trailer or bus used for the transportation of property or persons the gross weight of which, including load, exceeds ten tons unless such motor vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rear-most wheels of such vehicle or combination of vehicles, so as to prevent as far as possible such wheels from throwing dirt, water and other materials on the windshields of following motor vehicles. However, pole trailers, dump trucks, and all trucks carrying an "F" license tag shall be exempt from the provisions of this section.

(2) Such protectors or flaps shall be constructed of substantial and suitable materials approved by the Commissioner of Public Safety and shall have a ground clearance of not more than one-fifth of the distance from the center of the rear-most axle to the center of the flaps under any conditions of loading operation of the motor vehicle. They shall be at least as wide as the tires they are protecting. However, if the motor vehicle is so designed and constructed that the purposes of this section cannot be met, then, in the discretion of the Commissioner of Public Safety, no such protectors or flaps shall be required. If the said rear-most wheels are not adequately covered at the top by fenders, body or other parts of the vehicle, the said protectors or flaps shall be extended to a point directly above the rear-most axle. Lamps or wiring shall not be attached to protectors or flaps, and any reflectors or reflectorized material attached to or made a part of the protectors or flaps shall be in addition to the reflectors required by law on the vehicle.

(3) The Commissioner of Public Safety is hereby charged with the duty of administering the provisions of this section.

(4) Any person convicted for a violation of any of the provisions of this section shall for the first violation thereof be punished by a fine of not more than Twenty-five Dollars ($25.00) or by imprisonment for not more than ten (10) days; for a second conviction such person shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than twenty (20) days.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.