House Bill 1120

AN ACT TO AMEND SECTIONS 63-7-64 AND 63-31-3, MISSISSIPPI CODE OF 1972, TO CORRECT THE REFERENCE TO THE ENTITY AUTHORIZED TO APPROVE MOTORCYCLE CRASH HELMET STANDARDS FOR DRIVERS OF MOTORCYCLES AND ALL-TERRAIN VEHICLES; TO EXEMPT PARADE PARTICIPANTS FROM HELMET REQUIREMENT; TO AMEND SECTION 63-3-121, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS; 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. 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 that complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to federal Motor Vehicle Safety Standard No. 218 (49 CFR 571.218). 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. This section shall not apply to persons riding in a parade, at a speed not to exceed thirty (30) miles per hour, if the person is eighteen (18) years of age or older.

SECTION 2. Section 63-31-3, Mississippi Code of 1972, is amended as follows:

63-31-3. (1) No all-terrain vehicle shall be operated upon any public property by any person unless:

(a) (i) The person possesses a valid driver's license; or

(ii) The person possesses a certificate as provided under subsections (3) and (4) of this section.

(b) No person may operate any all-terrain vehicle upon any public property in this state unless all persons under sixteen (16) years of age operating or riding on the all-terrain vehicle are wearing a crash helmet that complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to federal Motor Vehicle Safety Standard No. 218 (49 CFR 571.218) for helmets designed for use by motorcyclists.

(2) A violation of subsection (1) of this section is punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00).

(3) All-terrain vehicle safety courses shall be held by the Cooperative Extension Service using 4-H safety course materials and curricula, and shall be taught by instructors possessing qualifications approved by the Department of Public Safety. The Cooperative Extension Service shall issue a certificate to each person who satisfactorily completes the all-terrain vehicle safety course.

(4) All-terrain vehicle safety courses may be held by any organization approved by the Department of Public Safety. Such organization shall issue a certificate to each person who satisfactorily completes the all-terrain vehicle safety course.

(5) For the purposes of this section, the term "all-terrain vehicle" or "ATV" 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 3. Section 63-3-121, Mississippi Code of 1972, is amended as follows:

63-3-121. (a) "Person" means every natural person, firm, copartnership, association, * * * corporation, limited liability company or other legal business entity.

(b) "Driver" means every person who drives or is in actual physical control of a vehicle.

(c) "Owner" means a person who holds the legal title of a vehicle; in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

(d) "Pedestrian" means any person afoot or a person who uses an electric personal assistive mobility device or a manual or motorized wheelchair.

SECTION 4. This act shall take effect and be in force from and after its passage.