MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Transportation

By: Representative Ryals

AN ACT TO AMEND SECTIONS 63-13-7, 63-13-11, 63-13-19, 63-13-21 AND 63-13-23, MISSISSIPPI CODE OF 1972, TO EXEMPT MOTOR VEHICLES MANUFACTURED OR HAVING A MODEL YEAR LESS THAN TEN (10) YEARS OLD FROM THE REQUIREMENTS OF OBTAINING A MOTOR VEHICLE INSPECTION CERTIFICATE; TO AMEND SECTION 27-19-43, MISSISSIPPI CODE OF 1972, TO IMPOSE AN ADDITIONAL REGISTRATION FEE IN THE AMOUNT OF $5.00 UPON THE ISSUANCE OF A LICENSE TAG TO THE OWNER OF ANY MOTOR VEHICLE HAVING A MODEL YEAR LESS THAN TEN (10) YEARS OLD; TO PROVIDE THAT A PORTION OF THE ADDITIONAL REGISTRATION FEE SHALL BE DEPOSITED INTO A SPECIAL FUND THAT IS CREATED IN THE GENERAL FUND OF EACH COUNTY; TO PROVIDE THAT MONIES IN THE SPECIAL FUND MAY BE EXPENDED BY THE BOARD OF SUPERVISORS OF THE COUNTY FOR EXPENSES INCURRED BY THE COUNTY IN PURCHASING, MAINTAINING AND PROVIDING FIRE EQUIPMENT AND EMERGENCY MEDICAL SERVICES OF THE COUNTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-13-7, Mississippi Code of 1972, is amended as follows:

63-13-7. (1) Except as provided in subsection (3) of this section, the Commissioner of Public Safety shall, not more than once each year, require that every motor vehicle, trailer, semitrailer and pole trailer registered in this state be inspected and that an official certificate of inspection and approval be obtained for each such vehicle. Each such vehicle must display at all times a certificate of inspection and approval duly issued for such vehicle upon the lower left hand corner of the windshield thereof or upon such vehicle in such position as to be visible from the outside.

(2) The Commissioner of Public Safety shall require all school buses in the State of Mississippi to be inspected during the months of July or August each year and may provide such special certificate of inspection and approval as he may deem necessary.

(3) The following vehicles shall not be required to be inspected or to display a certificate of inspection under the provisions of this chapter:

(a) A motor vehicle manufactured or having a model year earlier than 1961;

(b) A motor vehicle registered in another state; or

(c) A motor vehicle manufactured or having a model year less than ten (10) years old.

SECTION 2. Section 63-13-11, Mississippi Code of 1972, is amended as follows:

63-13-11. A fee of Five Dollars ($5.00) shall be charged for an inspection and issuance of a certificate of inspection under this chapter. * * * The fee * * * shall include a charge of Two Dollars ($2.00) per certificate of inspection, which shall be remitted to the Mississippi Department of Public Safety. * * * The funds so received by the department shall be deposited in the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2). The portion of the fee which is not remitted to the department may be retained by the official inspection stations.

SECTION 3. Section 63-13-19, Mississippi Code of 1972, is amended as follows:

63-13-19. (1) Every licensed * * * used car and/or truck dealer doing business in this state shall inspect or have inspected, in the manner prescribed by Section 63-13-9, every * * * used vehicle that is not exempt under Section 63-13-7(3) which is sold by such dealer, * * * and shall affix an official dealer's inspection certificate, which shall be furnished by the Commissioner of Public Safety, to each * * * used vehicle, if such dealer is authorized to make inspections. If such dealer is not so authorized, such dealer shall have such vehicle inspected by an authorized inspection station. No * * * used vehicle that is not exempt under Section 63-13-7(3) shall be sold that does not have a properly affixed and current inspection certificate. Such certificates shall be valid until the next official inspection is required.

(2) The Commissioner of Public Safety may suspend or revoke, for any reasonable time not to exceed one year, the privilege of any dealer to make such an inspection and affix such dealer's inspection certificate to his vehicle upon abuse of any dealer of this right.

(3) No person or persons other than those described in this section shall issue a dealer's certificate of inspection and approval.

SECTION 4. Section 63-13-21, Mississippi Code of 1972, is amended as follows:

63-13-21. (1) Members of the Mississippi Highway Safety Patrol may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be reasonably appropriate. No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by a member of the Mississippi Highway Safety Patrol.

Such authority, however, shall be limited to the inspection of said vehicle for mechanical defects and shall not authorize the search of the vehicle or the occupants thereof for any other purpose without due process of law. Evidence of the commission of an unlawful act, procured by such inspection and such test, shall not be admissible in any criminal prosecution except such as may be provided for in this chapter.

(2) In the event such vehicle is found to be in unsafe condition, or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment, specifying the particulars with reference thereto, * * * that the vehicle be inspected at an official inspection station and that the vehicle and its equipment be certified as approved within five (5) days.

SECTION 5. Section 63-13-23, Mississippi Code of 1972, is amended as follows:

63-13-23. (1) Every owner or driver, upon receiving a notice as provided in Section 63-13-21, shall comply therewith and shall have the vehicle inspected and approved at an official inspection station within five (5) days and, if the vehicle is not exempt under Section 65-13-7(3), secure an official certificate of inspection and approval which shall be issued in duplicate, one copy to be retained by the owner or driver and the other copy to be forwarded to the department. If the vehicle is exempt under Section 65-13-7(3), the official inspection station, instead of issuing an inspection sticker to the owner or driver, shall notify the Department of Public Safety, on a form prescribed by the Commissioner of Public Safety, that the vehicle has been inspected and that any defective condition has been repaired or corrected. A copy of such notice shall be given to the owner or driver. In lieu of compliance with the provisions of this subsection, the vehicle shall not be operated, except as provided in the next succeeding subsection, and each day upon which such motor vehicle, trailer, semitrailer or pole trailer, or any combination thereof is operated over any highway of this state after failure to comply with this subsection shall constitute a separate offense.

(2) No person shall operate any vehicle after receiving a notice with reference thereto as provided in Section 63-13-21, except as may be necessary to return such vehicle to the residence or place of business of the owner or driver, if within a distance of twenty miles, or to take such vehicle to a garage or service station in the nearest town in which there is an open and operating inspection station, until such vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this chapter.

(3) In the event repair or adjustment of any vehicle or its equipment is found necessary upon inspection, the owner of said vehicle may obtain such repair or adjustment at any place he may choose. However, in every event an official * * * inspection and approval must be obtained, otherwise such vehicle shall not be operated upon the highways of this state.

(4) Any person who wishes to make his own repairs may do so. He may not be charged twice for both inspection and repairs.

SECTION 6. Section 27-19-43, Mississippi Code of 1972, is amended as follows:

27-19-43. (1) License tags, substitute tags and decals for individual fleets and for private carriers of passengers, school buses (excluding school buses owned by a school district in the state), church buses, taxicabs, ambulances, hearses, motorcycles and private carriers of property, and private commercial carriers of property of a gross weight of ten thousand (10,000) pounds and less, shall be sold and issued by the tax collectors of the several counties.

(2) Applications for license tags for motor vehicles in a corporate fleet registered under Section 27-19-66, and applications for all other license tags, substitute tags and decals shall be filed with the commission or the local tax collector of the respective counties and forwarded to the commission for issuance to the applicant. All tags and decals for vehicles owned by the state or any agency or instrumentality thereof, and vehicles owned by a fire protection district, school district or a county or municipality, and all vehicles owned by a road, drainage or levee district shall be issued by the commission.

(3) In addition to the privilege taxes levied herein, there shall be collected the following registration or tag fee:

(a) For the issuance of both a license tag and two (2) decals, a fee of Five Dollars ($5.00).

(b) For the issuance of up to two (2) decals only, a fee of Three Dollars and Seventy-five Cents ($3.75).

No tag or decal shall be issued either by a tax collector or by the commission without the collection of such registration fee except substitute tags and decals and license tags for vehicles owned by the State of Mississippi.

Beginning July 1, 1987, and until the date specified in Section 65-39-35, there shall be levied a registration fee of Five Dollars ($5.00) in addition to the regular registration fee imposed in paragraphs (a) and (b) of this subsection. Such additional registration fee shall be levied in the same manner as the regular registration fee.

Beginning July 1, 2000, there shall be levied a registration fee of Five Dollars ($5.00), in addition to any other fees imposed under this section, upon each person who applies for a license tag under this section for a vehicle that was manufactured or has a model year date of less than ten (10) years old. Such fee shall be in lieu of the fee charged for the issuance of a certificate of inspection under Chapter 13 of Title 63, Mississippi Code of 1972. Two Dollars ($2.00) of such fee shall be forwarded to the State Tax Commission for deposit into the State General Fund, One Dollar ($1.00) of such fee shall be deposited by the county tax collector into the county general fund and the remaining Two Dollars ($2.00) of the fee shall be deposited into a special fund that is created in the county general fund to be known as the "Fire and Rescue Emergency Equipment and Services Fund." Monies in the Fire and Rescue Emergency Equipment and Services Fund may be expended, upon appropriation by the board of supervisors of the county, for expenses incurred by the county in purchasing, maintaining and providing fire equipment and emergency medical services of the county.

SECTION 7. This act shall take effect and be in force from and after July 1, 2000.