MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary A

By: Representatives Shanks, Tullos, Felsher

House Bill 349

(As Sent to Governor)

AN ACT TO CREATE SECTION 63-7-105, MISSISSIPPI CODE OF 1972, TO PLACE RESTRICTIONS ON VEHICLE MODIFICATIONS THAT RESULT IN THE MOTOR VEHICLES' FRONT FENDERS BEING RAISED FOUR OR MORE INCHES GREATER THAN THE HEIGHT OF THE REAR FENDERS, TO PROVIDE AN EXEMPTION FROM THE NEW SUSPENSION MODIFICATION RULE, TO PROVIDE FOR THE MANNER OF MEASURING THE HEIGHT OF THE FENDERS, TO DEFINE RELEVANT TERMS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO CREATE SECTION 63-7-107, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT FINES COLLECTED DUE TO VIOLATIONS OF THE PROVISIONS OF SECTION 63-7-105 BE DEPOSITED INTO THE STATE GENERAL FUND AND UTILIZED IN THEIR ENTIRETY TO AID IN FUNDING SECONDARY SCHOOL DRIVER EDUCATION PROGRAMS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 63-7-105, Mississippi Code of 1972:

     63-7-105.  (1)  For purposes of this section:

          (a)  The height of the fender shall be a vertical measurement from, and perpendicular to, the ground, through the centerline of the wheel, and to the bottom of the fender.

          (b)  "Fender" means the pressed and formed part mounted over the road wheels of a motor vehicle to reduce the splashing of mud, water or similar substances.

          (c)  "Squatted vehicles" means vehicles whose front fenders have been raised four (4) or more inches greater than the rear fenders.  The described modification makes a vehicle appear as if it is "squatting" on its back tires.

     (2)  (a)  It shall be unlawful for any person to drive a passenger motor vehicle on the streets or highways of this state if, by alteration of the suspension, frame or chassis, the height of the front fender is raised four (4) or more inches greater than the height of the rear fender.

          (b)  Motor vehicles equipped with high clearance fenders to allow for increased front suspension articulation shall be exempt from the provision of paragraph (a) of this subsection.

     (3)  A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction:

          (a)  For a first offense, shall be fined One Hundred Dollars ($100.00);

          (b)  For a second offense, shall be fined Two Hundred Dollars ($200.00); and

          (c)  For a third or subsequent offense, shall be fined Three Hundred Dollars ($300.00) and have his or her license suspended by the Commission of Public Safety for a period of twelve (12) months from the date of conviction.

     (4)  Only offenses which occur within five (5) years of each other, including and immediately preceding the date of the last offense, shall constitute a prior offense within the meaning of this subsection.

     (5)  The penalties for this section shall take effect one hundred eighty (180) days after the effective date.  For a period of one hundred eighty (180) days after the effective date, state and local law enforcement officers shall only issue warning tickets for a violation of the provisions of this section.  From and after January 27, 2025, state and local law enforcement officers shall issue tickets that assess penalties, as outlined in subsection (3) of this section, to drivers of squatted vehicles.

     SECTION 2.  The following shall be codified as Section 63-7-107, Mississippi Code of 1972:

     63-7-107.  (1)  The fines assessed and collected as a result of violating the provisions of Section 63-7-105 shall be deposited into the State General Fund and used in their entirety to aid in funding Secondary School Driver Education and Training Programs, as established by Senate Bill No. 2695, 2024 Regular Session.

     (2)  Section 63-7-107, Mississippi Code of 1972, shall go into effect from and after the passage date, if any, of Senate Bill No. 2695, 2024 Regular Session.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.