MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Transportation
By: Representative Jones (111th)
AN ACT TO PROVIDE THE RIGHTS AND DUTIES OF THOSE PERSONS OPERATING BICYCLES ON ANY ROADWAY OR HIGHWAY OR PATH SET ASIDE FOR BICYCLES; TO SET FORTH THE RIGHTS AND DUTIES OF THE OPERATOR OF A MOTOR VEHICLE WITH RESPECT TO BICYCLES; TO PROHIBIT CERTAIN ACTIVITIES; TO REQUIRE BICYCLES TO BE EQUIPPED WITH CERTAIN SAFETY AND OTHER FEATURES; TO AMEND SECTIONS 63-3-207, 63-3-601, 63-3-603, 63-3-609, 63-7-13, 63-7-65 AND 63-3-1112, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The provisions of Sections 1 through 12 of this act apply to bicycles whenever they are operated upon any roadway or highway, or upon any path set aside for the exclusive use of bicycles.
SECTION 2. A person riding a bicycle upon a roadway must be granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle, except as may be otherwise provided in Sections 1 through 12 of this act.
SECTION 3. (1) For purposes of this section, "bicycle lane" means a portion of the roadway or a lane separated from the roadway that has been designated by striping, pavement markings and signage for the preferential or exclusive use of bicyclists.
(2) Whenever a bicycle lane has been provided adjacent to a roadway, the operator of a:
(a) Motor vehicle may not block the bicycle lane to oncoming bicycle traffic and shall yield to a bicyclist in the bicycle lane before entering or crossing the lane.
(b) Bicycle is required to ride in the bicycle lane, except when necessary to pass another person riding a bicycle or to avoid an obstruction in the bicycle lane. However, a bicyclist may ride on the roadway when there is only an adjacent recreational bicycle path available instead of a bicycle lane.
SECTION 4. (1) Except as provided in subsection (2) of this section, every bicyclist operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable. A bicyclist may ride, but is not required to ride, on the shoulder of the roadway in order to comply with the requirements of this subsection.
(2) A bicyclist may ride in a lane other than the right-hand lane if only one (1) lane is available that permits the bicyclist to continue on his intended route.
(3) When operating a bicycle upon a roadway, a bicyclist must exercise due care when passing or overtaking a vehicle that is standing or proceeding in the same direction.
(4) Bicyclists riding bicycles upon a roadway shall not ride more than two (2) abreast, except on paths or parts of roadways set aside for exclusive use of bicycles or as otherwise provided by law.
(5) A bicyclist may ride in a lane other than the right-hand lane when preparing for a left turn at an intersection or into a private road or driveway.
(6) A bicyclist may ride in a lane other than the right-hand lane when reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
(7) A bicyclist may ride in a lane other than the right-hand lane when riding in the right-turn-only lane.
SECTION 5. An operator of a motor vehicle shall maintain at all times a safe operating distance between the motor vehicle and a bicycle. An operator of a motor vehicle that is passing a bicyclist proceeding in the same direction shall exercise due care while the motor vehicle is passing the bicycle. A motor vehicle operator may pass a bicycle traveling in the same direction in a nonpassing zone with the duty to execute the pass only when it is safe to do so. Further, the operator of a vehicle that passes a bicyclist proceeding in the same direction may not make a right turn at any intersection or into any highway or driveway unless the turn can be made with reasonable safety. If a person operating a bicycle attempts to pass a vehicle on the right, then he does so at his risk.
SECTION 6. A bicyclist propelling a bicycle may not ride other than upon or astride a permanent and regular seat attached to the bicycle. No bicycle may be used to carry more persons at one (1) time than the number for which it is designed and equipped.
SECTION 7. It is unlawful to harass, taunt, or maliciously throw an object at or in the direction of any person riding a bicycle.
SECTION 8. A person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may not attach it or them or himself to a vehicle upon a roadway.
SECTION 9. A bicyclist operating a bicycle may not carry any package, bundle, or item that prevents the rider from keeping at least one (1) hand upon the handle bars.
SECTION 10. When in use from dusk to dawn, a bicycle must be equipped with: (a) a lamp on the front that emits a white light visible from a distance of at least five hundred (500) feet to the front; (b) a red reflector on the rear that must be visible from all distances from fifty (50) to three hundred (300) feet to the rear when directly in front of the lawful upper beams of head lamps on a motor vehicle; and (c) a lamp emitting a red light visible from a distance of five hundred (500) feet to the rear.
SECTION 11. (1) A bicyclist shall indicate a right turn by extending the left arm upward, by raising the left arm to the square, or by extending the right arm horizontally to the right.
(2) A bicyclist shall indicate a left turn by extending the left arm horizontally.
(3) A bicyclist shall indicate stopping or decreasing speed by extending the left arm or the right arm downward.
(4) A bicyclist is not required to give the signals provided for in subsections (1) through (3) of this section continuously, if the hand or arm is needed to control the bicycle.
SECTION 12. A bicycle must be equipped with a brake that will enable the bicyclist to make the braked wheels skid on dry, level, clean pavement.
SECTION 13. (1) An authorized police patrol bicycle used as a part of a police bicycle patrol may exercise the privileges of an emergency vehicle.
(2) An authorized police patrol bicycle may be equipped with a siren or the officer may utilize a whistle in the performance of his duties, or both.
SECTION 14. Section 63-3-207, Mississippi Code of 1972, is amended as follows:
63-3-207. Every person riding a bicycle or an animal or driving any animal drawing a 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, and except as may be otherwise provided for a person riding a bicycle in Sections 1 through 12 of this act.
SECTION 15. Section 63-3-601, Mississippi Code of 1972, is amended as follows:
63-3-601. Upon all roadways of sufficient width a vehicle shall be driven upon the right one-half (1/2) of the roadway, except as otherwise provided for a person riding a bicycle in Sections 1 through 12 of this act, and except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When the right one-half (1/2) of a roadway is closed to traffic while under construction or repair;
(c) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or
(d) Upon a roadway designated and signposted for one-way traffic.
SECTION 16. Section 63-3-603, Mississippi Code of 1972, is amended as follows:
63-3-603. Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, except through or bypassing a municipality, the following rules in addition to all others consistent herewith shall apply:
(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) A vehicle shall not be driven in the center lane upon a roadway which is divided into three (3) lanes except when:
(i) Overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance;
(ii) Such vehicle is in preparation for a left turn; or
(iii) Such center lane is at the time allocated exclusively to traffic moving in the direction such vehicle is proceeding and is signposted to give notice of such allocation.
(c) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign.
(d) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
* * *
SECTION 17. Section 63-3-609, Mississippi Code of 1972, is amended as follows:
63-3-609. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the provisions of Sections 1 through 12 of this act regarding bicycles, and to those limitations, exceptions and special rules otherwise provided in this article:
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
(c) An operator of a motor vehicle that is passing a bicyclist proceeding in the same direction shall exercise due care while the motor vehicle is passing the bicycle. A motor vehicle operator may pass a bicycle traveling in the same direction in a no-passing zone with the duty to execute the pass only when it is safe to do so. Additionally, the operator of a vehicle that passes a bicyclist proceeding in the same direction may not make a right turn at any intersection or into any highway or driveway unless the turn can be made with reasonable safety. A person operating a bicycle is permitted to pass a vehicle on the right, but does so at his risk.
SECTION 18. Section 63-7-13, Mississippi Code of 1972, is amended as follows:
63-7-13. (1) Head lamps on motor vehicles. Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in Section 63-7-31.
(2) Head lamps on motorcycles. Every motorcycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations set forth in Section 63-7-31.
(3) Rear lamps. Every motor vehicle, trailer, semitrailer, pole trailer and any other vehicle which is being drawn in a train of vehicles shall be equipped with at least one (1) rear lamp mounted on the rear, which, when lighted, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear. However, any antique automobile, as defined under Section 27-19-47, and any street rod, as defined under Section 27-19-56.6, may be equipped with one or more rear lamps that have been modified to emit a blue, violet or purple light resembling rear lamps appearing on some American automobiles originally manufactured in the 1940s and 1950s.
Either a rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly readable from a distance of fifty (50) feet to the rear. Any rear lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps, cowl lamps or fender lamps are lighted.
(4) Lamps on bicycles. Every bicycle, when operating from dusk until dawn, shall be equipped with head lamps that comply with the requirements and limitations set forth in Section 10 of this act.
(5) Lights on other vehicles. All vehicles not required in this chapter to be equipped with special lighted lamps shall carry one or more lights, lamps or lanterns displaying a white light, visible under normal atmospheric conditions from a distance of not less than five hundred (500) feet to the front of such vehicle and shall display a reflex reflector or red light visible under like conditions from a distance of not less than three hundred (300) feet to the rear of such vehicle.
SECTION 19. Section 63-7-65, Mississippi Code of 1972, is amended as follows:
63-7-65. (1) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet. The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn upon a highway. No horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.
(2) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the department. No such siren shall be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound such siren when necessary to warn pedestrians and other drivers of the approach thereof.
(3) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section. No bicycle shall be equipped with nor shall any person use upon a bicycle any siren or whistle, except as authorized under Section 12 of this act.
(4) Any vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
SECTION 20. Section 63-3-1112, Mississippi Code of 1972, is amended as follows:
63-3-1112. Notwithstanding other provisions of this chapter or Sections 1 through 12 of this act, or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.
SECTION 21. This act shall take effect and be in force from and after July 1, 2010.