House Bill 838

AN ACT TO AMEND SECTION 63-1-9, MISSISSIPPI CODE OF 1972, TO ALLOW PERSONS WHOSE PARENT OR GUARDIAN HAS A DISABILITY OR WHOSE PARENT OR GUARDIAN IS A FARMER TO OBTAIN AN INTERMEDIATE DRIVER'S LICENSE IF THEY ARE AT LEAST 15-1/2 YEARS OF AGE AND HAVE HELD A TEMPORARY DRIVING PERMIT FOR AT LEAST 6 MONTHS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-9, Mississippi Code of 1972, is amended as follows:

63-1-9. (1) No driver's license, intermediate license or temporary learning permit shall be issued pursuant to this article:

(a) To any person under the age of eighteen (18) years except as provided in this article.

(b) To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state or territory of the United States or the District of Columbia, if the revocation or suspension period has not expired.

(d) To any person who would not be able by reason of physical or mental disability, in the opinion of the commissioner or other person authorized to grant an operator's license, to operate a motor vehicle on the highways with safety. However, persons who have one (1) arm or leg, or have arms or legs deformed, and are driving a car provided with mechanical devices whereby the person is able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator's license the same as other persons. Moreover, deafness shall not be a bar to obtaining a license.

(e) To any person who is under the age of seventeen (17) years to drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, or to drive any motor vehicle while in use as a public or common carrier of persons or property.

(f) To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency.

(g) To any unmarried person under the age of eighteen (18) years who does not at the time of application present a diploma or other certificate of high school graduation or a general educational development certificate issued to the person in this state or any other state; or on whose behalf documentation has not been received by the Department of Public Safety from that person or a school official verifying that the person:

(i) Is enrolled and making satisfactory progress in a course leading to a general educational development certificate;

(ii) Is enrolled in school in this state or any other state;

(iii) Is enrolled in a "nonpublic school," as such term is defined in Section 37-13-91(2)(i); or

(iv) Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10.

(h) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.

(2) All permits and licenses issued on or before July 31, 2009, shall be valid according to the terms upon which issued. From and after August 1, 2009:

(a) A temporary driving permit may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article.

(b) (i) An intermediate license may be issued to any person who is at least sixteen (16) years of age who otherwise meets the requirements of this article and who has held a temporary driving permit for at least one (1) year without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the one-year requirement for the holding of a temporary driving permit before an applicant can qualify for an intermediate license.

(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, an intermediate license may be issued to any person who is at least fifteen and one-half (15-1/2) years of age who otherwise meets the requirements of this article and who has held a temporary driving permit for at least six (6) months without any conviction under Section 63-11-30 or of a moving violation, if that person has a parent or guardian who has a disability or has a parent or guardian who is a farmer. Any conviction under Section 63-11-30 or of a moving violation shall restart the six-month requirement for the holding of a temporary driving permit before an applicant can qualify for an intermediate license. As used in this section, "disability" means any physical, mental or neurological impairment which severely restricts a person's mobility, manual dexterity or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity. As used in this section, "farmer" means a person whose principal income is derived from operating or working upon a farm.

(c) A driver's license may be issued to any person who is at least sixteen and one-half (16-1/2) years of age who otherwise meets the requirements of this article and who has held an intermediate license for at least six (6) months without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the six-month requirement for the holding of an intermediate license before an applicant can qualify for a driver's license. However, a person who is at least seventeen (17) years of age who has been issued a temporary driving permit and who has never been convicted under Section 63-11-30 or of a moving violation shall not be required to have held an intermediate license.

(d) An applicant for a Mississippi driver's license who, at the time of application, is at least sixteen and one-half (16-1/2) years of age and who has held a valid motor vehicle driver's license issued by another state for at least six (6) months shall not be required to hold a temporary driving permit or an intermediate license before being issued a driver's license.

(3) The commissioner shall ensure that the temporary driving permit, intermediate license and driver's license issued under this article are clear, distinct and easily distinguishable from one another.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.