House Bill 1314

AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE AN ALL-TERRAIN VEHICLE UPON A PUBLIC STREET, ROAD OR HIGHWAY IN THIS STATE; TO PRESCRIBE A FINE FOR SUCH VIOLATION; TO PROVIDE THAT THE FINE MAY NOT BE SUSPENDED OR REDUCED; TO DEFINE THE TERM "ALL-TERRAIN VEHICLE" FOR PURPOSES OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) It shall be unlawful for any person to operate an all-terrain vehicle upon any public street, road or highway in this state, or in or upon the right-of-way thereof, except when crossing such street, road or highway at a perpendicular angle and from and to a location where such vehicle may lawfully be operated.

(2) Any person who operates an all-terrain vehicle or motorcycle in violation of subsection (1) of this section, upon conviction, is guilty of a misdemeanor and shall be punished, upon conviction, as follows:

(a) A person under eighteen (18) years of age shall be fined One Thousand Dollars ($1,000.00);

(b) A person eighteen (18) years of age or older shall be fined One Hundred Fifty Dollars ($150.00).

(3) The fine imposed under subsection (2) of this section may not be suspended or reduced, and any person convicted of such violation shall not be eligible for probation or other reduction in sentence.

(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 sixty (60) inches or less in width, has an unladen dry weight of seven hundred fifty (750) 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, 2007.