House Bill 768

AN ACT TO AMEND SECTION 63-3-516, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE WITHIN A HIGHWAY WORK ZONE IN EXCESS OF THE MAXIMUM SPEED LIMIT SPECIFICALLY ESTABLISHED FOR THAT ZONE MAY BE PUNISHED BY A FINE OF DOUBLE THE MAXIMUM AMOUNT OTHERWISE AUTHORIZED BY LAW IF SIGNS OR OTHER TRAFFIC CONTROL DEVICES APPROVED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION ARE POSTED IN THE AREA WARNING THAT WORK IS IN PROGRESS AND THAT A VIOLATION OF THE MAXIMUM SPEED LIMIT POSTED MAY BE PUNISHED BY SUCH INCREASED FINE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-3-516, Mississippi Code of 1972, is amended as follows:

63-3-516. (1) It shall be unlawful for any person to operate a motor vehicle within a highway work zone at a speed in excess of the maximum speed limit specifically established for the zone whenever workers are present and whenever the zone is indicated by appropriately placed signs displaying the reduced maximum speed limit. Any person violating the provisions of this section shall be punished, upon conviction, for a first offense by a fine of not more than Two Hundred Fifty Dollars ($250.00; and for a second, third or subsequent offense by a fine of not more than double the maximum amount of the applicable fine prescribed for second, third or subsequent offenses under Section 63-9-11.

(2) For the purposes of this section the term "highway work zone" means a construction or maintenance area that is located on or along any public highway, road or street within this state and that is marked by * * * signs or other traffic control devices of a design approved by the Mississippi Department of Transportation warning (a) that work is in progress, and (b) that any person who operates a motor vehicle within the designated area at a speed in excess of the reduced maximum speed limit, may be punished by a fine of double the maximum amount otherwise authorized by law.

(3) Nothing in this section shall preclude the prosecution or conviction for reckless driving of any motor vehicle operator whose operation of a motor vehicle in a highway work zone, apart from speed, demonstrates a reckless disregard for life, limb or property.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.