MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation

By: Representative Pierce

AN ACT TO AMEND SECTION 63-3-611, MISSISSIPPI CODE OF 1972, TO PROHIBIT A MOTOR VEHICLE OPERATOR FROM PASSING AT AN APPROACHING INTERSECTION WHENEVER A SOLID YELLOW LINE APPEARS ALONG THE CENTER OF THE ROADWAY FOR A DISTANCE OF 100 FEET; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-3-611, Mississippi Code of 1972, is amended as follows:

63-3-611. (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.

(2) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:

(a) When approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed;

(b) When approaching within one hundred (100) feet of any marked or readily distinguishable bridge, viaduct, * * * tunnel, or railroad grade crossing;

(c) When approaching within one hundred (100) feet of * * * any marked or readily distinguishable intersection; however, for the purposes of this paragraph (c) an intersection is not marked or readily distinguishable unless when approaching the intersection the vehicle operator is given notice not to overtake or pass another vehicle by the appearance of a solid yellow line along the center of the roadway for a distance of at least one hundred (100) feet. The provisions of this paragraph shall not be construed to create any duty or responsibility for any state agency, county or municipality, or any officer or employee thereof, to place or have placed solid yellow lines along the center of roadways, and a state agency, county or municipality, or an officer or employee thereof, shall not be civilly liable for failing to place or have placed solid yellow lines along the center of roadways; or

(d) When official signs are in place directing that traffic keep to the right, or a distinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the State Highway Commission.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.