MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Transportation
By: Representative Brown
AN ACT TO AMEND SECTIONS 63-1-9 AND 63-1-21, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE HOLDER OF A MISSISSIPPI DRIVER'S LICENSE, TEMPORARY DRIVING PERMIT OR INTERMEDIATE LICENSE WHO IS UNDER THE AGE OF EIGHTEEN FROM DRIVING FROM MIDNIGHT TO 4:00 A.M.; TO AMEND SECTION 63-1-51, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SUSPENSION OF A DRIVER'S LICENSE, TEMPORARY DRIVING PERMIT OR INTERMEDIATE LICENSE FOR VIOLATING THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-9, Mississippi Code of 1972, is amended as follows:
63-1-9. (1) No driver's license, intermediate license or temporary learning permit shall be issued pursuant to this article:
(a) To any person under the age of eighteen (18) years except as provided in this article.
(b) To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state and/or territory of the United States or the District of Columbia, and such revocation or suspension period has not expired.
(c) To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs.
(d) To any person who would not be able by reason of physical or mental disability, in the opinion of the commissioner or other person authorized to grant an operator's license, to operate a motor vehicle on the highways with safety. However, persons who have one (1) arm or leg, or have arms or legs deformed, and have their car provided with mechanical devices whereby they are able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator's license the same as other persons. Moreover, deafness shall not be a bar to obtaining a license.
(e) To any person who is under the age of seventeen (17) years to drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, or to drive any motor vehicle while in use as a public or common carrier of persons or property.
(f) To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency.
(g) To any unmarried person under the age of eighteen (18) years who does not at the time of application present a diploma or other certificate of high school graduation or a general education development certificate issued to the person in this state or any other state, or documentation that the person:
(i) Is enrolled and making satisfactory progress in a course leading to a general education development certificate;
(ii) Is enrolled in school in this state or any other state;
(iii) Is enrolled in a "nonpublic school," as such term is defined in Section 37-13-91(2)(i); or
(iv) Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10.
(h) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.
(2) All permits and licenses issued on or before June 30, 2000, shall be valid according to the terms upon which issued. From and after July 1, 2000:
(a) A temporary driving permit may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article.
(b) An intermediate license may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article and who has held a temporary driving permit for at least six (6) months without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the six-month requirement for the holding of a temporary driving permit before an applicant can qualify for an intermediate license.
(c) A driver's license may be issued to any person who is at least sixteen (16) years of age who otherwise meets the requirements of this article and who has held an intermediate license for at least six (6) months without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the six-month requirement for the holding of an intermediate license before an applicant can qualify for a driver's license. However, a person who is at least seventeen (17) years of age who has been issued a temporary driving permit and who has never been convicted under Section 63-11-30 or of a moving violation shall not be required to have held an intermediate license.
(d) An applicant for a Mississippi driver's license who, at the time of application, is at least sixteen (16) years of age and who has held a valid motor vehicle driver's license issued by another state for at least six (6) months shall not be required to hold a temporary driving permit or an intermediate license before being issued a driver's license.
(3) The commissioner shall ensure that the temporary driving permit, intermediate license and driver's license issued under this article are clear, distinct and easily distinguishable from one another.
(4) (a) The holder of a Mississippi driver's license who is under the age of eighteen (18), is prohibited from driving from midnight to 4:00 a.m. except in the case of an emergency, when traveling to and from work, when traveling to or from a school-sponsored event or when traveling with a parent or legal guardian.
(b) The holder of a Mississippi driver's license who is under the age of eighteen (18), is limited to driving with a certain number of passengers in the motor vehicle. If the holder of a Mississippi driver's license is age seventeen (17), the driver is limited to carrying only three (3) passengers. If the holder of a Mississippi driver's license is age sixteen (16), the driver is limited to carrying only one (1) passenger. However, these passenger restrictions shall not apply to family members.
SECTION 2. 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) 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.
(b) The holder of a Mississippi temporary driving permit who is under the age of eighteen (18), is prohibited from driving from midnight to 4:00 a.m. except in the case of an emergency, when traveling to and from work, when traveling to or from a school-sponsored event or when traveling with a parent or legal guardian.
(c) The holder of a Mississippi temporary driving permit who is under the age of eighteen (18), is limited to driving with a certain number of passengers in the motor vehicle. If the holder of a Mississippi temporary driving permit is age seventeen (17), the driver is limited to carrying only three (3) passengers. If the holder of a Mississippi temporary driving permit is age sixteen (16), the driver is limited to carrying only one (1) passenger. However, these passenger restrictions shall not apply to family members.
(3) (a) 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.
(b) The holder of a Mississippi intermediate license who is under the age of eighteen (18), is prohibited from driving from midnight to 4:00 a.m. except in the case of an emergency, when traveling to and from work, when traveling to or from a school-sponsored event or when traveling with a parent or legal guardian.
(c) The holder of a Mississippi intermediate license who is under the age of eighteen (18), is limited to driving with a certain number of passengers in the motor vehicle. If the holder of a Mississippi intermediate license is age seventeen (17), the driver is limited to carrying only three (3) passengers. If the holder of a Mississippi intermediate license is age sixteen (16), the driver is limited to carrying only one (1) passenger. However, these passenger restrictions shall not apply to family members.
(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 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.
SECTION 3. Section 63-1-51, Mississippi Code of 1972, is amended as follows:
63-1-51. (1) It shall be the duty of the trial judge, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final:
(a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(b) Any felony in the commission of which a motor vehicle is used;
(c) Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another;
(d) Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles;
(e) Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months;
(f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.
(2) The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law.
(3) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(4) A person holding a Mississippi driver's license, temporary driving permit or intermediate license who violates the provisions of Sections 63-1-9(4), 63-1-21(2)(b), (2)(c), (3)(b) or (3)(c), upon conviction, shall be punished as follows:
(a) Upon the first conviction, the driver shall attend a driver improvement clinic that must be completed within ninety (90) days. If the person fails to attend the clinic within ninety (90) days, his or her driver's license, temporary driving permit or intermediate license shall be suspended until the clinic is completed.
(b) Upon the second conviction, the person shall have his or her Mississippi driver's license, temporary driving permit or intermediate license suspended for ninety (90) days.
(c) Upon the third conviction, the person shall have his or her Mississippi driver's license, temporary driving permit or intermediate license revoked for a period of one (1) year or until the person reaches age eighteen (18), whichever is longer.
SECTION 4. This act shall take effect and be in force from and after July 1, 2005.