MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Transportation
By: Representative Read
AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH AND OPERATE A MOTORCYCLE OPERATOR SAFETY PROGRAM FOR THE PURPOSE OF ASSISTING MOTORCYCLE OPERATORS TO MEET THE REQUIREMENTS FOR LICENSED DRIVING OF MOTORCYCLES IN THE STATE; TO AUTHORIZE THE COMMISSIONER OF PUBLIC SAFETY TO ADOPT RULES AND REGULATIONS, PRESCRIBE FEES, ESTABLISH COURSE REQUIREMENTS AND APPOINT A MOTORCYCLE SAFETY COORDINATOR FOR THE PROGRAM; TO PRESCRIBE THE QUALIFICATIONS OF THE COORDINATOR AND PROGRAM INSTRUCTORS; TO ESTABLISH A MOTORCYCLE OPERATOR SAFETY FUND; TO AMEND SECTION 27-19-43, MISSISSIPPI CODE OF 1972, TO INCREASE THE ANNUAL REGISTRATION FEE FOR MOTORCYCLES; TO AMEND SECTION 63-1-21, MISSISSIPPI CODE OF 1972, TO INCREASE THE APPLICATION FEE FOR A MOTORCYCLE LEARNER'S PERMIT; TO AMEND SECTION 63-1-43, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE FOR AN ORIGINAL OR RENEWAL MOTORCYCLE DRIVER'S LICENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following terms as used in this act have the meanings ascribed to them in this section unless the context clearly requires otherwise:
(a) "Commissioner" means the Commissioner of Public Safety.
(b) "Coordinator" means the Statewide Motorcycle Safety Coordinator provided for in Section 4 of this act.
(c) "Department" means the Department of Public Safety.
(d) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding tractors and mopeds.
(e) "Operator" means any person who drives, operates or is in actual physical control of a motorcycle.
(f) "Program" means a motorcycle operator safety training program provided for in Section 2 of this act.
SECTION 2. (1) The department shall set up, establish and operate a motorcycle operator safety training program for the purpose of assisting motorcycle operators to meet the requirements for licensed driving of motorcycles in this state.
(2) The coordinator, with the approval of the commissioner, may set up, establish and operate additional motorcycle operator safety training programs.
(3) Any programs established under this section shall provide courses on motorcycle operator safety. The programs shall be based on the Motorcycle Safety Foundation Motorcycle Rider Course or its equivalent in quality, utility and merit.
(4) The department shall issue a certificate of completion to each person who satisfactorily completes the motorcycle operator safety training program.
SECTION 3. The commissioner may adopt, promulgate and establish rules and regulations for the operation of any motorcycle operator safety training program created under this act; may provide for the entrance and enrollment of students; may prescribe fees for the course; and may prescribe the ages, requirements and conditions under which students may be received for instruction in any such program.
SECTION 4. (1) The commissioner shall appoint a Statewide Motorcycle Safety Coordinator who shall carry out and enforce the provisions of this act and the rules and regulations of the department. The coordinator must hold a valid regular driver's license with a motorcycle endorsement.
(2) The coordinator may also:
(a) Promote motorcycle safety throughout the state;
(b) Provide consultation to the various departments of state government and local political subdivisions relating to motorcycle safety; and
(c) Do any other thing deemed necessary by the commissioner to promote motorcycle safety in the state.
SECTION 5. Every person who desires to qualify as an instructor in a motorcycle operator safety training program must meet the following requirements:
(a) Be of good moral character;
(b) Give satisfactory performance on a written, oral, performance or combination examination administered by the coordinator testing both knowledge of the field of motorcycle operator education and skills necessary to instruct and impart motorcycle driving skills and safety to students. The instructor training program shall provide for a course of instruction based on the Motorcycle Safety Foundation's Instructor Course or its equivalent in quality, utility and merit. This course of instruction shall be held periodically based on the applications received and the need for instructors, and an examination fee prescribed by the coordinator must be charged;
(c) Be physically able to operate safely a motorcycle and to instruct others in the operation of motorcycles; and
(d) Hold a valid regular driver's license with a motorcycle endorsement.
SECTION 6. (1) The Motorcycle Operator Safety Fund is established in the State Treasury and appropriated on a continual basis to the department which shall administer the monies. Money in the fund shall only be used for administration and implementation of the program.
(2) At the end of each fiscal year, monies remaining in the fund shall be retained in the fund and shall not revert to the General Fund. The interest and income earned on money in the fund, after deducting any applicable charges, must be credited to the fund.
(3) In addition to the program course tuition fees, the following revenue shall be credited to the fund:
(a) Five Dollars ($5.00) of the annual registration fee for each registered motorcycle as provided under Section 27-29-43;
(b) One Dollar ($1.00) of the application fee for a motorcycle learner's permit as provided under Section 63-1-21; and
(c) Five Dollars ($5.00) of the fee for each original or renewal motorcycle driver's license or endorsement as provided under Section 63-1-43.
SECTION 7. 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).
(c) For the issuance of both a license tag and two (2) decals for motorcycles, a fee of Ten Dollars ($10.00) of which Five Dollars ($5.00) shall be credited to the fund established in Section 6 of this act.
(d) For the issuance of up to two (2) decals only for motorcycles, a fee of Eight Dollars and Seventy-five Cents ($8.75), of which Five Dollars ($5.00) shall be credited to the fund established in Section 6 of this act.
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.
SECTION 8. Section 63-1-21, Mississippi Code of 1972, is amended as follows:
63-1-21. (1) 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 and the payment of the fee for such examination provided for in Section 63-1-43.
(2) 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-one (21) years of age and who is actually occupying the seat beside the driver. 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.
(3) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. At all other times the intermediate licensee must be supervised by a parent, guardian or other person age twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver.
(4) The fee for issuance of an intermediate license shall be Five Dollars ($5.00).
Except as otherwise provided by Section 63-1-6, 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 Two Dollars ($2.00), of which One Dollar ($1.00) shall be credited to the fund established under Section 6 of this act, to the Department of Public Safety, and upon the successful completion of the examination provided for in Section 63-1-33, and payment of the fee for said examination provided for in Section 63-1-43. All applicants for such temporary permit shall (a) be at least fifteen (15) years of age; (b) operate a motorcycle only under the direct supervision of a person at least twenty-one (21) 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; (c) be prohibited from transporting a passenger on a motorcycle; (d) be prohibited from operating a motorcycle upon any controlled access highway; and (e) be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as temporary driving permits issued for vehicles other than motorcycles.
SECTION 9. Section 63-1-43, Mississippi Code of 1972, is amended as follows:
63-1-43. (1) The fee for receiving the application and issuing the regular driver's or operator's license and the fee for renewing the license shall be:
(a) Eighteen Dollars ($18.00) plus the applicable photograph fee for each applicant for a four-year license; (b) Three Dollars ($3.00) plus the applicable photograph fee for each applicant for a one-year license, except as provided in paragraph (c) of this subsection; and
(c) Eight Dollars ($8.00) plus the applicable photograph fee for a one-year license for each applicant who is not a United States citizen and who does not possess a social security number issued by the United States government.
All originals and renewals of regular operators' licenses shall be in compliance with Section 63-1-47.
(2) The fee for receiving the application and issuing a motorcycle endorsement shall be Ten Dollars ($10.00), of which Five Dollars ($5.00) shall be credited to the fund established in Section 6 of this act. Motorcycle endorsements shall be valid for the same period of time as the applicant's operator's license.
(3) The fee for receiving the application and issuing a restricted motorcycle operator's license and the fee for renewing such license shall be:
(a) Sixteen Dollars ($16.00), of which Five Dollars ($5.00) shall be credited to the fund established in Section 6 of this act plus the applicable photograph fee for a four-year license; and
(b) Thirteen Dollars ($13.00), of which Five Dollars ($5.00) shall be credited to the fund established in Section 6 of this act plus the applicable photograph fee for a one-year license.
All originals and renewals of restricted motorcycle licenses shall be valid for the same period of time that an original regular driver's license may be issued to such person in compliance with Section 63-1-47.
(4) From and after January 1, 1990, every person who makes application for an original license or a renewal license to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as such terms are defined in Section 27-19-3, except for those vehicles for which a Class A, B or C license is required under Article 2 of this chapter, shall, in lieu of the regular driver's license above provided for, apply for and obtain a Class D commercial driver's license. Except as otherwise provided in subsection (5) of this section, the fee for the issuance of a Class D commercial driver's license shall be Twenty-three Dollars ($23.00) plus the applicable photograph fee for a period of four (4) years;however, except as required under Article 2 of this chapter, no driver of a pickup truck shall be required to have a commercial license regardless of the purpose for which the pickup truck is used.
Except as otherwise provided in subsection (5) of this section, all originals and renewals of commercial licenses issued under this section shall be valid for a period of four (4) years, in compliance with Section 63-1-47. Only persons who operate the above-mentioned vehicles in the course of the regular and customary business of the owner shall be required to obtain a Class D commercial operator's license, and persons operating such vehicles for private purposes or in emergencies shall not be required to obtain such license.
(5) The original and each renewal of a commercial driver's license issued under this section to a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall be issued for a period of one (1) year for a fee of Eight Dollars ($8.00) plus the applicable photograph fee and shall expire one (1) year from the date of issuance. Such person may renew a commercial license issued under this section within thirty (30) days of expiration of the license.
(6) The Commissioner of Public Safety, by rule or regulation, shall establish a driver's license photograph fee which shall be the actual cost of the photograph rounded off to the next highest dollar. Monies collected for the photograph fee shall be deposited into a special photograph fee account which the Department of Public Safety shall use to pay the actual cost of producing the photographs. Any monies collected in excess of the actual costs of the photography shall be deposited to the General Fund of the State of Mississippi.
SECTION 10. This act shall take effect and be in force from and after July 1, 2003.