Senate Bill 2446

AN ACT TO AMEND SECTION 63-3-103, MISSISSIPPI CODE OF 1972, TO ENACT A DEFINITION OF "ALL-TERRAIN VEHICLE"; TO AMEND SECTION 63-3-207, MISSISSIPPI CODE OF 1972, TO ALLOW ALL-TERRAIN VEHICLES TO BE OPERATED ON PUBLIC ROADS ONLY FOR LEGITIMATE AGRICULTURAL PURPOSES; TO AMEND SECTION 63-7-11, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL-TERRAIN VEHICLES TO OPERATE WITH LIGHTS ON AT ALL TIMES WHILE ON A PUBLIC ROAD; TO AMEND SECTION 63-7-91, MISSISSIPPI CODE OF 1972, TO REQUIRE REFLECTORIZED, TRIANGULAR SLOW-MOVING FARM VEHICLE SIGNAGE TO BE PLACED ON THE REAR OF ANY ALL-TERRAIN VEHICLE WHEN OPERATED ON A PUBLIC ROAD; TO AMEND SECTION 63-21-11, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-3-103, Mississippi Code of 1972, is amended as follows:

63-3-103. (a) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

(b) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term "motor vehicle" shall not include electric personal assistive mobility devices.

(c) "Motorcycle" means every motor vehicle having a 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 a tractor.

(d) "Authorized emergency vehicle" means every vehicle of the fire department (fire patrol), every police vehicle, every 911 Emergency Communications District vehicle, every such ambulance and special use EMS vehicle as defined in Section 41-59-3, and every emergency vehicle of municipal departments or public service corporations as is designated or authorized by the commission or the chief of police of an incorporated city.

(e) "School bus" means every motor vehicle operated for the transportation of children to or from any school, provided same is plainly marked "School Bus" on the front and rear thereof and meets the requirements of the State Board of Education as authorized under Section 37-41-1.

(f) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and includes travel trailers, fifth wheel trailers, camping trailers, truck campers and motor homes.

(g) "Motor home" means a motor vehicle that is designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use.

(h) "Electric assistive mobility device" means a self-balancing two-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.

(i) "All-terrain vehicle" means any off-highway vehicle fifty (50) inches or less in width, having a dry weight of eight hundred (800) pounds or less, traveling on three (3) or more low-pressure tires and having a seat or saddle designed to be straddled by the operator and handlebars for steering control.

SECTION 2. Section 63-3-207, Mississippi Code of 1972, is amended as follows:

63-3-207. (1) Every person riding a bicycle or an animal, driving any animal drawing a vehicle, or operating an all-terrain vehicle upon a highway shall have all of the rights and all of the duties applicable to the driver of a vehicle under this chapter, except those provisions of this chapter which by their nature can have no application.

(2) An all-terrain vehicle may be operated on a highway only as an implement of husbandry for legitimate agricultural purposes and only between sunrise and sunset.

SECTION 3. Section 63-7-11, Mississippi Code of 1972, is amended as follows:

63-7-11. (1) Every vehicle upon a highway within this state during the period from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of five hundred (500) feet ahead shall be equipped with lighted front and rear lamps as respectively required in Section 63-7-13 for different classes of vehicles and subject to exemption with reference to lights on parked vehicles as hereinafter stated in this chapter.

(2) Every all-terrain vehicle shall be equipped with lighted front and rear lamps at all times it is being operated on any public road.

SECTION 4. Section 63-7-91, Mississippi Code of 1972, is amended as follows:

63-7-91. When any vehicle, including an all-terrain vehicle, whether pulled, towed, self-propelled or animal-drawn, which is not under ordinary circumstances moved, operated or driven at a speed in excess of twenty-five (25) miles per hour, is moved, operated or driven on any public highway or city street which is open for vehicular travel, it shall display a triangular slow-moving-vehicle emblem or high intensity reflectorized tape mounted as near as practicable to the center of the mass and at an approximate height of not less than two (2) nor more than six (6) feet from level ground or pavement surface. In any event, the emblem or tape shall be mounted so as to be entirely visible from the rear, day or night; and the emblem or tape and its position of mounting on the vehicle shall meet the specifications established by rules and regulations properly adopted and promulgated by the Commissioner of Public Safety. Except in cases of emergency, vehicles subject to the provisions of this section that display the reflectorized tape shall not be operated upon any highway on the designated state highway system during the period from sunset to sunrise.

SECTION 5. Section 63-21-11, Mississippi Code of 1972, is amended as follows:

63-21-11. No certificate of title need be obtained for:

(a) A vehicle, manufactured home or mobile home owned by the United States or any agency thereof;

(b) A vehicle, manufactured home or mobile home owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration, or a vehicle used by a manufacturer solely for testing;

(c) A vehicle, manufactured home or mobile home owned by a nonresident of this state and not required by law to be registered in this state;

(d) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;

(e) A vehicle moved solely by animal power;

(f) An implement of husbandry, including an all-terrain vehicle used as an implement of husbandry;

(g) Special mobile equipment;

(h) A pole trailer;

(i) Utility trailers of less than five thousand (5,000) pounds gross vehicle weight.

SECTION 6. This act shall take effect and be in force from and after July 1, 2005.