MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Transportation
By: Representative Staples (By Request)
AN ACT TO AUTHORIZE THE OPERATION OF AN ALL-TERRAIN VEHICLE BY ANY PERSON, WHILE IN THE OPERATION OF FARMING OR AGRICULTURAL PURSUITS, ON THE RIGHT-OF-WAY OR NON-PAVED SURFACE OF ANY PUBLIC ROAD, STREET OR HIGHWAY IN THIS STATE LOCATED OUTSIDE OF THE LIMITS OF ANY INCORPORATED MUNICIPALITY; TO PROHIBIT SUCH OPERATION AT NIGHT OR ON A ROAD, STREET OR HIGHWAY ON THE DESIGNATED STATE HIGHWAY SYSTEM; TO REQUIRE SUCH PERSON TO WEAR A CRASH HELMET AND TO COMPLY WITH ALL APPLICABLE TRAFFIC RULES AND REGULATIONS WHEN OPERATING SUCH VEHICLE; TO PRESCRIBE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The term "all-terrain vehicle" or "ATV," as used in this section, 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.
(2) Subject to the provisions of subsection (3) of this section, it shall not be unlawful for any person, while in the operation of farming or agricultural pursuits, to operate an ATV on the right-of-way or nonpaved surface of any public road, street or highway in this state located outside of the limits of any incorporated municipality; and such person, while operating the vehicle, shall not be required to possess a driver's license or permit, shall not be required to have liability insurance in effect for the vehicle and such vehicle shall not be required to be licensed or registered, have a vehicle inspection sticker or otherwise meet the motor vehicle equipment requirements of Chapter 7, Title 63, Mississippi Code of 1972.
(3) Any person operating an ATV as provided under subsection (2) of this section:
(a) May not operate such vehicle at night;
(b) May not operate such vehicle on a road, street or highway on the designated state highway system;
(c) Must wear on his head 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; and
(d) Must comply with all applicable traffic rules and regulations under Chapter 3 of Title 63, Mississippi Code of 1972.
(4) Any person who operates an ATV in violation of the provisions of this section shall be subject to the penalties imposed under Section 63-9-11.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.