House Bill 1365

AN ACT TO REQUIRE THE DRIVER OR OTHER OCCUPANT OF A MOTOR VEHICLE TO REMOVE THE VEHICLE FROM THE IMMEDIATE CONFINES OF A PUBLIC ROADWAY AFTER A TRAFFIC ACCIDENT; TO PROVIDE THAT THE DRIVER OR ANY OTHER PERSON SHALL NOT BE CONSIDERED LIABLE FOR CAUSING AN ACCIDENT SOLELY BY REASON OF MOVING THE VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as a new section in Article 9, Chapter 3, Title 63, Mississippi Code of 1972:

(1) Any other provision of this article or any other law to the contrary notwithstanding, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this section.

(2) This section shall apply to motor vehicle traffic accidents which occur on the public roads of this state. Any violation of this Section shall be punishable as a misdemeanor pursuant to section 63-9-11.

(3) When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver's license, to remove the vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver's license to remove any such motor vehicle as provided in this section, and any such person so requested shall be authorized to comply with such request.

(4) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (3) of this section before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle in accordance with this section.

(5) This section shall not abrogate or affect a driver's duty to file any written report which may be required by a local law enforcement agency, but compliance with the requirements of this section shall not allow a driver to be prosecuted for his or her failure to stop and immediately report a traffic accident.

(6) This section shall not abrogate or affect a driver's duty to stop and give information in accordance with law, nor shall it relieve a law enforcement officer of his or her duty to render a report in accordance with law.

(7) Employees of the Department of Transportation, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no apparent serious personal injury or death, where such move can be accomplished safely by the drivers of the vehicles involved or with the assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent serious personal injury or death may not be moved until the law enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation.

SECTION 2. This act shall take effect and be in force from and after July 1, 2015.