House Bill 466

AN ACT TO AMEND SECTION 63-1-21, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE HOLDER OF A TEMPORARY DRIVING PERMIT, AN INTERMEDIATE LICENSE OR A TEMPORARY MOTORCYCLE DRIVING PERMIT FROM USING A CELLULAR TELEPHONE OR INTERACTIVE WIRELESS COMMUNICATION DEVICE WHILE OPERATING A MOVING PASSENGER MOTOR VEHICLE ON A PUBLIC ROAD, STREET OR HIGHWAY IN THIS STATE; AND FOR RELATED PURPOSES.

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

SECTION 1. 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).

(5) 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 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 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.

(6) The holder of a temporary driving permit, an intermediate license or a temporary motorcycle driving permit shall not use a cellular telephone or interactive wireless communication device while operating a moving passenger motor vehicle on a public road, street or highway in this state. The term "use" as used in this subsection means talking or listening to another person on a cellular telephone or interactive wireless communication device or operating its keys, buttons or other controls.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.