MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Ways and Means
By: Representative Cockerham
AN ACT TO AMEND SECTION 63-7-64, MISSISSIPPI CODE OF 1972, TO PROHIBIT PERSONS UNDER 18 YEARS OF AGE FROM OPERATING OR RIDING UPON ANY ALL-TERRAIN VEHICLE UPON ANY PUBLIC OR PRIVATE PROPERTY IN THIS STATE UNLESS SUCH PERSON IS WEARING A CRASH HELMET; TO CORRECT THE REFERENCE TO THE ENTITY APPROVING MOTORCYCLE CRASH HELMET STANDARDS; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE OR RIDE AN ALL-TERRAIN VEHICLE UPON ANY PUBLIC ROAD OR HIGHWAY OF THIS STATE; TO PROHIBIT THE TRANSPORT OF PASSENGERS ON AN ALL-TERRAIN VEHICLE UNLESS SUCH VEHICLE IS SPECIFICALLY DESIGNED TO TRANSPORT PASSENGERS; TO REQUIRE PERSONS UNDER 18 YEARS OF AGE TO HAVE A DRIVER'S LICENSE OR CERTIFICATE OF COMPLETION FROM AN ATV TRAINING COURSE APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY BEFORE OPERATING AN ALL-TERRAIN VEHICLE; TO DEFINE ALL-TERRAIN VEHICLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-7-64, Mississippi Code of 1972, is amended as follows:
63-7-64. (1) No person shall operate or ride upon any motorcycle or motor scooter upon the public roads or highways of this state unless such person is wearing on his or her head a crash helmet of the type and design inspected and approved by the American Association of Motor Vehicle Administrators.
(2) No person who is under eighteen (18) years of age may operate or ride upon any all-terrain vehicle upon any public or private property in this state unless that person is wearing on his or her head a crash helmet that complies with the minimum guidelines established by the National Highway Traffic Safety Administration in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act of 1966 for helmets designed for use by motorcyclists.
(3) It shall be unlawful for any person to operate or ride an all-terrain vehicle on any public road, street or highway constructed and designed primarily for the use of motor vehicles required to be registered and licensed under Chapter 19, Title 27, Mississippi Code of 1972, unless the governmental authority having jurisdiction over the road, street or highway has specifically authorized that use. An operator of an all-terrain vehicle is prohibited from transporting passengers upon the all-terrain vehicle unless the all-terrain vehicle is designed to transport additional passengers other than the operator.
(4) Before being allowed to operate an all-terrain vehicle, all persons under eighteen (18) years of age must have obtained a driver's license or a certificate evidencing satisfactory completion of an ATV Safety Course approved by the Department of Public Safety that includes an on-vehicle riding test.
(5) Violation of this section shall be deemed a violation of the traffic regulations and rules of the road and punishable as provided by Section 63-9-11.
(6) For the purpose 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, 2011.