MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Transportation

By: Representatives Martinson, Barbour, Barnett (116th), Barnett (92nd), Chism, Ellington, Ketchings, Mayo, Reeves, Roberson, Simpson, Stevens, Whittington

AN ACT TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE A DRIVER'S LICENSE TO A PERSON WHO IS FIFTEEN YEARS OF AGE IN CERTAIN HARDSHIP CASES; TO PROVIDE THAT AN APPLICANT FOR A DRIVER'S LICENSE WHO IS UNDER SEVENTEEN YEARS OF AGE MUST PRESENT DOCUMENTATION TO THE COMMISSIONER OF PUBLIC SAFETY THAT THE APPLICANT HAS HELD A TEMPORARY DRIVING PERMIT FOR AT LEAST SIX MONTHS AND HAS ATTAINED CERTAIN BEHIND-THE-WHEEL EXPERIENCE; TO AMEND SECTION 63-1-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO HAS BEEN ISSUED A TEMPORARY DRIVING PERMIT OR A TEMPORARY MOTORCYCLE DRIVING PERMIT MAY OPERATE A MOTOR VEHICLE OR MOTORCYCLE UPON THE HIGHWAYS OF THIS STATE ONLY WHEN ACCOMPANIED OR SUPERVISED BY A LICENSED OPERATOR WHO IS AT LEAST TWENTY-FIVE YEARS OF AGE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-9, Mississippi Code of 1972, is amended as follows:

63-1-9. No license shall be issued pursuant to this article:

(a) To any person under the age of sixteen (16) years * * *.

(b) To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state and/or territory of the United States or the District of Columbia, and such revocation or suspension period has not expired.

(c) To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs.

(d) To any person who would not be able by reason of physical or mental disability, in the opinion of the commissioner or other person authorized to grant an operator's license, to operate a motor vehicle on the highways with safety. However, persons who have one (1) arm or leg, or have arms or legs deformed, and have their car provided with mechanical devices whereby they are able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator's license the same as other persons. Moreover, deafness shall not be a bar to obtaining a license.

(e) To any person who is under the age of seventeen (17) years to drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, or to drive any motor vehicle while in use as a public or common carrier of persons or property.

(f) To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency.

(g) To any unmarried person under the age of eighteen (18) years who does not at the time of application present a diploma or other certificate of high school graduation or a general education development certificate issued to the person in this state or any other state, or documentation that the person:

(i) Is enrolled and making satisfactory progress in a course leading to a general education development certificate;

(ii) Is enrolled in school in this state or any other state;

(iii) Is enrolled in a "nonpublic school," as such term is defined in Section 37-13-91(2)(i); or

(iv) Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10;

(h) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30; or

(i) To any person under seventeen (17) years of age who, at the time of application, does not present, on a form prepared and approved by the Commissioner of Public Safety, an affidavit signed by the parent or legal guardian of the applicant and acknowledged by a notary public or other person authorized to administer oaths under the laws of this state to administer oaths, stating that: that the applicant has held a temporary driving permit for at least six (6) months and that the applicant, while holding such permit, has been accompanied in the operation of a motor vehicle by his or her parent, guardian or another licensed operator twenty-five (25) years of age or older who actually occupied the seat beside the driver-applicant for a total of not less than fifty (50) hours of behind-the-wheel experience, of which not less than ten (10) hours were at night.

* * *

SECTION 2. Section 63-1-21, Mississippi Code of 1972, is amended as follows:

63-1-21. (1) (a) Every applicant for a new or original driver's or operator's license, except persons holding an out-of-state license, shall first obtain a temporary driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety and upon the successful completion of the examination provided for in Section 63-1-33 * * *. A temporary driving permit may be issued to any applicant who is at least fifteen (15) years of age. A temporary driving permit shall be valid for a period of one (1) year from the date of issue.

(b) A temporary driving permit entitles the holder, provided the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-five (25) years of age and who is actually occupying the seat beside the driver.  * * *

(2) (a) * * * Every applicant for a restricted motorcycle operator's license or a motorcycle endorsement shall first obtain a temporary motorcycle driving permit upon the payment of a fee of One Dollar ($1.00) to the Department of Public Safety and upon the successful completion of the examination provided for in Section 63-1-33.  * * *

(b) The holder of a temporary motorcycle driving permit, provided the permit is in his immediate possession, (i) may operate a motorcycle on the highways of the State of Mississippi only under the direct supervision of a person at least twenty-five (25) years of age who possesses either a valid driver's or operator's license with a motorcycle endorsement or a valid restricted motorcycle operator's license; (ii) is prohibited from transporting a passenger on a motorcycle; (iii) is prohibited from operating a motorcycle upon any controlled access highway; and (iv) is prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. * * *

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.