Senate Bill 2088

AN ACT TO PROVIDE THAT OPERATORS OF ALL-TERRAIN VEHICLES MUST POSSESS A DRIVER'S LICENSE OR HAVE TAKEN TRAINING AND BE CERTIFIED; TO REQUIRE THE DEPARTMENT OF HEALTH TO DEVISE AN ATV SAFETY COURSE; TO PROVIDE A PENALTY FOR VIOLATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) No all-terrain vehicle shall be operated by any person unless:

(a) (i) He possesses a valid driver's license; or

(ii) He possesses a certificate as provided under this section.

(b) No person under sixteen (16) years of age may operate or ride upon any all-terrain vehicle upon any public or private property in this state unless the person is wearing a crash helmet that complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 for helmets designed for use by motorcyclists.

(2) All-terrain vehicle safety courses shall be held by the Cooperative Extension Service using course materials, curricula and instructors designated and approved by the Department of Health. A reasonable fee shall be charged to those taking the course. The Department of Health shall issue a certificate to each person who satisfactorily completes the all-terrain vehicle safety course.

(3) A violation of this section is punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00).

(4) For the purposes of this section, the term "all-terrain vehicle" means any motorized vehicle manufactured and designed exclusively for off-road use that is fifty (50) inches or less in width, has an unladen dry weight of six hundred (600) pounds or less, travels on three (3), four (4) or more low-pressure tires, has a seat designed to be straddled by the operator and uses handlebars for steering control.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.