MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Transportation

By: Representative Foster

AN ACT TO AMEND SECTIONS 63-7-91, 63-7-93, 63-7-95 AND 63-7-99, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DISPLAY OF HIGH INTENSITY REFLECTORIZED TAPE IN LIEU OF A TRIANGULAR EMBLEM TO IDENTIFY SLOW-MOVING VEHICLES ON PUBLIC HIGHWAYS AND CITY STREETS; TO PROHIBIT VEHICLES THAT DISPLAY THE REFLECTORIZED TAPE FROM OPERATING UPON A STATE HIGHWAY DURING THE PERIOD FROM SUNRISE TO SUNSET EXCEPT IN AN EMERGENCY; TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY, BY RULE AND REGULATION, TO ESTABLISH SPECIFICATIONS FOR POSITIONING AND MOUNTING SUCH TAPE ON VEHICLES; TO PROHIBIT THE USE OF SUCH TAPE ON OTHER VEHICLES OR STATIONARY OBJECTS ON OR ALONG ANY PUBLIC HIGHWAY OR STREET; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-7-91, Mississippi Code of 1972, is amended as follows:

63-7-91. When any vehicle, whether pulled, towed, self-propelled or animal-drawn, which is not under ordinary circumstances moved, operated or driven at a speed in excess of twenty-five (25) miles per hour, is moved, operated or driven on any public highway or city street which is open for vehicular travel, it shall display a triangular slow-moving-vehicle emblem or high intensity reflectorized tape mounted as near as practicable to the center of the mass and at an approximate height of not less than two (2) nor more than six (6) feet from level ground or pavement surface. In any event, the emblem or tape shall be mounted so as to be entirely visible from the rear, day or night; and * * * the emblem or tape and its position of mounting on the vehicle shall meet the specifications established by rules and regulations properly adopted and promulgated by the Commissioner of Public Safety. Except in cases of emergency, vehicles subject to the provisions of this section that display the reflectorized tape shall not be operated upon any highway on the designated state highway system during the period from sunset to sunrise.

SECTION 2. Section 63-7-93, Mississippi Code of 1972, is amended as follows:

63-7-93. The use of the slow-moving-vehicle emblem or high intensity reflectorized tape shall be restricted to the slow-moving vehicles specified in Section 63-7-91 and the use of such emblem or tape on any other type of vehicle or stationary object on or along any public highway or city street is prohibited.

SECTION 3. Section 63-7-95, Mississippi Code of 1972, is amended as follows:

63-7-95. The Commissioner of Public Safety is hereby authorized, empowered and directed to adopt and promulgate rules and regulations establishing standards and specifications for the design, materials and mounting of a standard slow-moving-vehicle emblem and high intensity reflectorized tape for the uniform identification of slow-moving vehicles. In adopting said rules and regulations the Commissioner of Public Safety shall consider the standard markings used in other states, the current recommendations of the American Society of Agricultural Engineers and the Society of Automotive Engineers, in order that the slow-moving-vehicle emblem or tape may be more universally recognizable and of adequate quality.

SECTION 4. Section 63-7-99, Mississippi Code of 1972, is amended as follows:

63-7-99. Compliance with Section 63-7-91 shall not create a prima facie case or presumption that such owner or operator of the vehicle used reasonable and ordinary care in the operation of such vehicle under the circumstances then existing by the use or display of such slow-moving-vehicle emblem or high intensity reflectorized tape.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.