Bill Text: MS HB1003 | 2023 | Regular Session | Introduced
Bill Title: Mississippi Fully Autonomous Vehicle Enabling (MS FAVE) Act of 2023; establish to regulate operation of autonomous vehicle on public roads.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-03-28 - Approved by Governor [HB1003 Detail]
Download: Mississippi-2023-HB1003-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Transportation
By: Representative Busby
House Bill 1003
AN ACT TO ESTABLISH THE MISSISSIPPI FULLY AUTONOMOUS VEHICLE ENABLING (MS FAVE) ACT OF 2023; TO DEFINE TERMINOLOGY USED HEREIN; TO AUTHORIZE THE OPERATION OF FULLY AUTONOMOUS VEHICLES ON THE PUBLIC ROADS OF THIS STATE WITHOUT A HUMAN DRIVER PROVIDED THAT THE AUTOMATED DRIVING SYSTEM IS ENGAGED AND CERTAIN CONDITIONS ARE MET; TO SPECIFY THE CONDITIONS TO BE SATISFIED BEFORE A FULLY AUTONOMOUS VEHICLE MAY OPERATE UPON THE PUBLIC ROADS OF THIS STATE; TO REQUIRE THE OPERATOR OF A FULLY AUTONOMOUS VEHICLE TO SUBMIT A LAW ENFORCEMENT INTERACTION PLAN TO THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT AN AUTOMATED DRIVING SYSTEM INSTALLED ON A MOTOR VEHICLE IS CONSIDERED THE DRIVER OR OPERATOR, FOR THE PURPOSE OF ASSESSING COMPLIANCE WITH APPLICABLE UNIFORM TRAFFIC LAWS; TO STIPULATE THAT BEFORE OPERATING A FULLY AUTONOMOUS VEHICLE ON PUBLIC ROADS IN THIS STATE WITHOUT A HUMAN DRIVER, SATISFACTORY PROOF OF FINANCIAL RESPONSIBILITY MUST BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY; TO PRESCRIBE THE PROCEDURES TO BE FOLLOWED WHEN A FULLY AUTONOMOUS VEHICLE IS INVOLVED IN AN ACCIDENT; TO PERMIT THE OPERATION OF AN ON-DEMAND AUTONOMOUS VEHICLE NETWORK IN COMPLIANCE WITH THE OPERATION OF TRANSPORTATION NETWORK COMPANIES, TAXIS OR ANY OTHER GROUND TRANSPORTATION FOR-HIRE OF PASSENGERS; TO REQUIRE FULLY AUTONOMOUS VEHICLES TO BE REGISTERED AND TITLED WITH THE DEPARTMENT OF REVENUE; TO PROVIDE FOR THE MANUAL HUMAN OPERATION OF VEHICLES EQUIPPED WITH AN AUTOMATED DRIVING SYSTEM; TO AUTHORIZE THE OPERATION OF FULLY AUTONOMOUS VEHICLES THAT ARE CLASSIFIED AS COMMERCIAL MOTOR VEHICLES; TO EXEMPT FULLY AUTONOMOUS VEHICLES DESIGNED TO BE OPERATED EXCLUSIVELY BY AUTOMATED DRIVING SYSTEMS FROM CERTAIN VEHICLE EQUIPMENT REQUIREMENTS; TO PROHIBIT UNAUTHORIZED STATE AGENCIES, POLITICAL SUBDIVISIONS OF THE STATE, OR LOCAL GOVERNING AUTHORITY FROM RESTRICTING THE OPERATION OF FULLY AUTONOMOUS VEHICLES OR IMPOSING TAXES, FEES AND OTHER REQUIREMENTS UPON FULLY AUTONOMOUS VEHICLES; TO AMEND SECTIONS 63-1-203, 63-3-103, 63-15-49, 63-15-51, 63-15-53, 63-21-3 AND 63-21-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 63-1-5, 63-3-401, 63-3-405, 63-3-411, 63-3-413, 63-3-619, 63-5-53, 63-7-9, 63-15-37, 63-15-39, 63-15-41, 63-15-43, 63-19-3, 63-21-11, 63-21-15 AND 63-21-17, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the Mississippi Fully Autonomous Vehicle Enabling (MS FAVE) Act of 2023.
SECTION 2. As used in this act, the following terms shall have the meanings ascribed in this section, unless the context of use clearly requires otherwise:
(a) "Automated driving system" means the hardware and software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.
(b) "Department" means the Department of Public Safety.
(c) "Dynamic driving task" (DDT) means all of the real-time operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including without limitation:
(i) Lateral vehicle motion control, via steering;
(ii) Longitudinal motion control, via acceleration and deceleration;
(iii) Monitoring the driving environment, via object and event detection, recognition, classification and
response preparation;
(iv) Object and event response execution;
(v) Maneuver planning; and
(vi) Enhancing conspicuity via lighting, signaling and gesturing.
(d) "DDT fallback" means the response by the person or human driver to either perform the DDT or achieve a minimal risk condition after occurrence of a DDT performance-relevant system failure or upon operational design domain exit, or the response by an automated driving system to achieve minimal risk condition, given the same circumstances.
(e) "Fully autonomous vehicle" means a motor vehicle equipped with an automated driving system designed to function without a human driver as a Level 4 or Level 5 automation system under the Society of Automotive Engineers (SAE) Standard J3016.
(f) "Human driver" means a natural person in the vehicle with a valid license to operate a motor vehicle who controls all or part of the dynamic driving task.
(g) "Law enforcement interaction plan" means a document of procedures that are developed by manufacturers, owners or operators of fully autonomous vehicles to be used by law enforcement officers and first responders when interacting with fully autonomous vehicles, which describes:
(i) How to communicate with a fleet support specialist who is available during the times the vehicle is in operation;
(ii) How to recognize whether the fully autonomous vehicle is in autonomous mode;
(iii) How to safely remove the vehicle from the roadway and steps to safely tow the vehicle; and
(iv) Any additional information the manufacturer, owner or operator deems necessary regarding hazardous conditions or public safety risks associated with the operation of the fully autonomous vehicle.
(h) "Minimal risk condition" means a condition to which a person, human driver, or an automated driving system may bring a vehicle after performing the DDT fallback in order to reduce the risk of a crash when a given trip cannot or should not be completed.
(i) "On-demand autonomous vehicle network" means a transportation service network that uses a software application
or other digital means to dispatch or otherwise enable the pre-arrangement of transportation with fully autonomous vehicles for purposes of transporting passengers, including for-hire transportation and transportation of passengers for compensation.
(j) "Operational design domain (ODD)" means the operating conditions under which a given automated driving system is specifically designed to function, including, but not limited to, environmental, geographical, time-of-day restrictions,
and/or the requisite presence or absence of certain traffic or roadway characteristics.
(k) "Person" means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.
(l) "Request to intervene" means the notification by an automated driving system to a human driver, that the human driver
should promptly begin or resume performance of part or all of the dynamic driving task.
(m) "Society of Automotive Engineers (SAE) J3016" means the "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles" as revised and published by SAE International in April 2021.
SECTION 3. (1) A person may operate a fully autonomous vehicle on the public roads of this state without a human driver provided that the automated driving system is engaged and the vehicle meets the following conditions:
(a) If a failure of the automated driving system occurs that renders that system unable to perform the entire dynamic driving task relevant to its intended operational design domain, the fully autonomous vehicle will achieve a minimal risk condition;
(b) The fully autonomous vehicle is capable of operating in compliance with the applicable traffic and motor
vehicle safety laws and regulations of this state when reasonable to do so, unless an exemption has been granted by the Department of Public Safety; and
(c) When required by federal law, the vehicle bears the required manufacturer's certification label indicating that at the time of its manufacture it has been certified to be in compliance with all applicable Federal Motor Vehicle Safety Standards, including reference to any exemption granted by the National Highway Traffic Safety Administration.
(2) Prior to operating a fully autonomous vehicle on the public roads of this state without a human driver, a person shall submit a law enforcement interaction plan to the Department of Public Safety that describes:
(a) How to communicate with a fleet support specialist who is available during the times the vehicle is in operation;
(b) How to safely remove the fully autonomous vehicle from the roadway and steps to safely tow the vehicle;
(c) How to recognize whether the fully autonomous vehicle is in autonomous mode; and
(d) Any additional information the manufacturer or owner deems necessary regarding hazardous conditions or public safety risks associated with the operation of the fully autonomous vehicle.
SECTION 4. When an automated driving system installed on a motor vehicle is engaged the automated driving system is considered the driver or operator, for the purpose of assessing compliance with applicable traffic or motor vehicle laws and shall be deemed to satisfy electronically all physical acts required by a driver or operator of the vehicle. The automated driving system is considered to be licensed to operate the vehicle as required under Section 63-1-5.
SECTION 5. Before operating a fully autonomous vehicle on public roads in this state without a human driver, a person shall file proof of financial responsibility satisfactory to the Department of Public Safety that the fully autonomous vehicle is covered by insurance or proof of self-insurance that satisfies the requirements of Sections 63-15-37, 63-15-39, 63-15-41, 63-15-43, 63-15-49, 63-15-51 or 63-15-53.
SECTION 6. In the event of a crash:
(a) The fully autonomous vehicle shall remain on the scene of the crash when required by Article 9, Chapter 3, Title 63, Mississippi Code of 1972, consistent with its capability under Section 3 of this act.
(b) The owner of the fully autonomous vehicle, or a person on behalf of the vehicle owner, shall report any crashes
or collisions consistent with Article 9, Chapter 3, Title 63, Mississippi Code of 1972.
SECTION 7. An on-demand autonomous vehicle network shall be permitted to operate pursuant to state laws governing the operation of transportation network companies, taxis or any other ground transportation for-hire of passengers, with the exception that any provision of law that reasonably applies only to a human driver would not apply to the operation of fully autonomous vehicles with the automated driving system engaged on an on-demand autonomous vehicle network.
SECTION 8. (1) A fully autonomous vehicle shall be properly registered with the Department of Revenue in accordance with Section 63-5-39. If a fully autonomous vehicle is registered in this state, the vehicle shall be identified on the registration as a fully autonomous vehicle.
(2) A fully autonomous vehicle shall be properly titled in accordance with Chapter 21, Title 63, Mississippi Code of 1972. If a fully autonomous vehicle is titled in this state, the vehicle shall be identified on the title as a fully autonomous vehicle.
SECTION 9. (1) A person may operate a motor vehicle equipped with an automated driving system capable of performing the entire dynamic driving task if:
(a) The automated driving system will issue a request to intervene whenever the automated driving system is not capable of performing the entire dynamic driving task with the expectation that the person will respond appropriately to the request; and
(b) The automated driving system is capable of being operated in compliance with rules of the road governed by Title 63, Mississippi Code of 1972, when reasonable to do so unless an exemption has been granted by the Department of Public Safety.
(2) Nothing in this act prohibits or restricts a human driver from operating a fully autonomous vehicle equipped with controls that allow for the human driver to control all or part of the dynamic driving task.
SECTION 10. A fully autonomous vehicle that is also a commercial motor vehicle as defined in Sections 63-1-203 and
63-19-3 may operate pursuant to the provisions of Title 63, Mississippi Code of 1972, which govern the operation of commercial motor vehicles, except that any provision that by its nature reasonably applies only to a human driver does not apply to such a vehicle operating with the automated driving system engaged.
SECTION 11. A fully autonomous vehicle that is designed to be operated exclusively by the automated driving system for all trips is not subject to motor vehicle equipment and identification laws prescribed under Chapter 7, Title 63, Mississippi Code of 1972, or any regulations administratively promulgated therefrom that:
(a) Relate to or support motor vehicle operation
by a human driver seated in the vehicle; and
(b) Are not relevant for an automated driving system.
SECTION 12. (1) Unless otherwise provided in this chapter, and notwithstanding any other provision of law, fully autonomous vehicles and automated driving systems are governed exclusively by this act. The Department of Public Safety, in conjunction with the Department of Revenue, with regard to DOR's specific functions related to the registration and titling of motor vehicles, shall implement and enforce the provisions of this act.
(2) No state agency, political subdivision, municipality or local entity may prohibit the operation of fully autonomous vehicles, automated driving systems or on-demand autonomous vehicle networks, or otherwise enact or enforce rules or ordinances that would impose taxes, fees or other requirements, including performance standards, specific to the operation of fully autonomous vehicles, automated driving systems or
on-demand autonomous vehicle networks in addition to the requirements of this act.
SECTION 13. Section 63-1-5, Mississippi Code of 1972, is brought forward as follows:
63-1-5. (1) (a) No person shall drive or operate a motor vehicle or an autocycle as defined in Section 63-3-103 upon the highways of the State of Mississippi without first securing an operator's license to drive on the highways of the state, unless specifically exempted by Section 63-1-7.
(b) The types of operator's licenses are:
(i) Class R;
(ii) Class D;
(iii) Class A, B or C commercial license governed by Article 5 of this chapter; and
(iv) Interlock-restricted license as prescribed in Section 63-11-31.
(2) (a) Every person who makes application for an original license or a renewal license to operate any single vehicle with a gross weight rating of less than twenty-six thousand one (26,001) pounds or any vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds other than vehicles included in Class C, vehicles which require a special endorsement, or to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as defined in Section 27-19-3, other than those vehicles for which a Class A, B or C license is required under Article 5 of this chapter, may, in lieu of the Class R regular driver's license, apply for and obtain a Class D driver's license. The fee for the issuance of a Class D driver's license shall be as set forth in Section 63-1-43 and the Class D license shall be valid for the term prescribed in Section 63-1-47. Except as required under Article 5 of this chapter, no driver of a pickup truck shall be required to have a Class D or a commercial license regardless of the purpose for which the pickup truck is used.
(b) Persons operating vehicles listed in paragraph (a) of this subsection for private purposes or in emergencies need not obtain a Class D license.
(3) An interlock-restricted license allows a person to drive only a motor vehicle equipped with an ignition-interlock device.
(4) A person who violates this section is guilty of a misdemeanor and, upon conviction, may be punished by imprisonment for not less than two (2) days nor more than six (6) months, by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or both.
SECTION 14. Section 63-1-203, Mississippi Code of 1972, is amended as follows:
63-1-203. As used in this article:
(a) "Alcohol" means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol.
(b) "Alcohol concentration" means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means:
(i) The number of grams of alcohol per one hundred (100) milliliters of blood; or
(ii) The number of grams of alcohol per two hundred ten (210) liters of breath.
(c) "Commercial driver's license" or "CDL" means a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR, Part 383, to an individual which authorizes the individual to operate a class of commercial motor vehicle.
(d) "Commercial driver's license information system" or "CDLIS" means the CDLIS established by the Federal Motor Carrier Safety Administration (FMCSA) pursuant to Section 12007, of the Commercial Motor Vehicle Safety Act of 1986.
(e) "Commercial learner's permit" means a permit issued pursuant to Section 63-1-208(5).
(f) "Commercial motor vehicle" or "CMV" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(i) Has a gross combination weight rating of eleven thousand seven hundred ninety-four (11,794) kilograms or more (twenty-six thousand one (26,001) pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than four thousand five hundred thirty-six (4,536) kilograms (ten thousand (10,000) pounds);
(ii) Has a gross vehicle weight rating of eleven thousand seven hundred ninety-four (11,794) or more kilograms (twenty-six thousand one (26,001) pounds or more);
(iii) Is designed to transport sixteen (16) or more passengers, including the driver;
(iv) Is of any size and is used in the transportation of hazardous materials as defined in this section; or
(v) The term shall not include:
1. Authorized emergency vehicles as defined in Section 63-3-103;
2. Motor homes as defined in Section 63-3-103; however, this exemption shall only apply to vehicles used strictly for recreational, noncommercial purposes;
3. Military and commercial equipment owned or operated by the United States Department of Defense, including the National Guard and Mississippi Military Department, and operated by: active duty military personnel; members of the military reserves; members of the National Guard on active duty, including personnel on full-time National Guard duty; personnel on part-time National Guard training; National Guard military technicians (civilians who are required to wear military uniforms); employees of the Mississippi Military Department; and active duty United States Coast Guard personnel. This exception is not applicable to United States Reserve technicians;
4. Farm vehicles, which are vehicles:
a. Controlled and operated by a farmer;
b. Used to transport either agricultural products, farm machinery, farm supplies, or both, to or from a farm;
c. Not used in the operations of a common or contract motor carrier; and
d. Used within one hundred fifty (150) miles of the farm.
(g) "Controlled substance" means any substance so classified under Section 102(6) of the Controlled Substances Act, 21 USCS 802(6), and includes all substances listed on Schedules I through V of 21 Code of Federal Regulations, Part 1308, as they may be revised from time to time, any substance so classified under Sections 41-29-113 through 41-29-121, Mississippi Code of 1972, and any other substance which would impair a person's ability to operate a motor vehicle.
(h) "Conviction" means an unvacated adjudication of guilt, or a determination by a judge or hearing officer that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. Conviction shall also mean a plea of guilty or nolo contendere which has been accepted by the court.
(i) "Disqualification" means any of the following three (3) actions:
(i) The suspension, revocation or cancellation of a commercial driver's license by the state or jurisdiction of issuance;
(ii) Any withdrawal of a person's privilege to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control, other than parking, vehicle weight or vehicle defect violations; or
(iii) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 CFR, Part 391.
(j) "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle on a public highway or who is required to hold a commercial driver's license.
(k) "Employer" means any person, including the United States, a state, the District of Columbia or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle.
(l) "Foreign" means outside the fifty (50) United States and the District of Columbia.
(m) "Gross combination weight rating" or "GCWR" means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, gross combination weight rating will be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load thereon.
(n) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle.
(o) "Hazardous materials" means any material that has been designated as hazardous under 49 USCS Section 5103 and is required to be placarded under subpart F of 49 CFR, Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR, Part 73.
(p) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(q) "Nonresident commercial driver's license" or "nonresident CDL" means a commercial driver's license issued by a state to an individual under either of the following two (2) conditions:
(i) To an individual domiciled in a foreign country meeting the requirements of 49 CFR, Part 383.23(b)(1); or
(ii) To an individual domiciled in another state meeting the requirements of 49 CFR, Part 383.23(b)(2).
(r) "Serious traffic violation" means conviction at any time when operating a commercial motor vehicle or at those times when operating a noncommercial motor vehicle when the conviction results in the revocation, cancellation, or suspension of the operator's license or operating privilege, of:
(i) Excessive speeding, involving a single charge of any speed fifteen (15) miles per hour or more, above the posted speed limit;
(ii) Reckless driving, as defined under state or local law;
(iii) Improper traffic lane changes, as defined in Section 63-3-601, 63-3-603, 63-3-613 or 63-3-803;
(iv) Following the vehicle ahead too closely, as defined in Section 63-3-619;
(v) A violation of any state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person;
(vi) Operating a commercial motor vehicle without obtaining a commercial driver's license;
(vii) Operating a commercial motor vehicle without a commercial driver's license in the driver's possession;
(viii) Operating a commercial motor vehicle without the proper class of commercial driver's license or endorsements, or both.
(s) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction, that a driver, or a commercial motor vehicle, or a motor carrier operation, is out of service pursuant to 49 CFR, Part 386.72, 392.5, 395.13, 396.9 or compatible laws, or the North American Uniform Out-of-Service Criteria.
(t) "State of domicile" means that state where a person has a true, fixed and permanent home and principal residence and to which the person has the intention of returning whenever the person is absent.
(u) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 CFR, Part 171. However, they do not include portable tanks having a rated capacity under one thousand (1,000) gallons.
(v) "United States" means the fifty (50) states and the District of Columbia.
(w) "Fully autonomous vehicle" means a motor vehicle equipped with an automated driving system designed to function without a human driver as a Level 4 or Level 5 automation system under the Society of Automotive Engineers (SAE) Standard J3016.
SECTION 15. Section 63-3-103, Mississippi Code of 1972, is amended as follows:
63-3-103. (a) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
(b) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term "motor vehicle" shall not include electric personal assistive mobility devices, personal delivery devices or electric bicycles.
(c) "Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor. The term "motorcycle" includes motor scooters as defined in subsection (j) of this section. The term "motorcycle" shall not include electric bicycles or personal delivery devices.
(d) "Authorized emergency vehicle" means every vehicle of the fire department (fire patrol), every police vehicle, every 911 Emergency Communications District vehicle, every such ambulance and special use EMS vehicle as defined in Section 41-59-3, every Mississippi Emergency Management Agency vehicle as is designated or authorized by the Executive Director of MEMA and every emergency vehicle of municipal departments or public service corporations as is designated or authorized by the commission or the chief of police of an incorporated city.
(e) "School bus" means every motor vehicle operated for the transportation of children to or from any school, provided same is plainly marked "School Bus" on the front and rear thereof and meets the requirements of the State Board of Education as authorized under Section 37-41-1.
(f) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and includes travel trailers, fifth-wheel trailers, camping trailers, truck campers and motor homes.
(g) "Motor home" means a motor vehicle that is designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use.
(h) "Electric assistive mobility device" means a self-balancing two-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.
(i) "Autocycle" means a three-wheel motorcycle with a steering wheel, nonstraddle seating, rollover protection and seat belts.
(j) "Motor scooter" means a two-wheeled vehicle that has a seat for the operator, one (1) wheel that is ten (10) inches or more in diameter, a step-through chassis, a motor with a rating of two and seven-tenths (2.7) brake horsepower or less if the motor is an internal combustion engine, an engine of 50cc or less and otherwise meets all safety requirements of motorcycles. The term "motor scooter" shall not include electric bicycles or personal delivery devices.
(k) "Platoon" means a group of individual motor vehicles traveling in a unified manner at electronically coordinated speeds at following distances that are closer than would be reasonable and prudent without such coordination.
(l) "Electric bicycle" means a bicycle or tricycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than seven hundred fifty (750) watts that meets the requirements of one (1) of the following three (3) classes:
(i) "Class 1 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour.
(ii) "Class 2 electric bicycle" means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.
(iii) "Class 3 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight (28) miles per hour.
(m) "Personal delivery device" means a device:
(i) Solely powered by an electric motor;
(ii) Intended to be operated primarily on sidewalks, crosswalks, and other pedestrian areas to transport cargo;
(iii) Intended primarily to transport property on public rights-of-way, and not intended to carry passengers; and
(iv) Capable of navigating with or without the active control or monitoring of a natural person.
(n) "Personal delivery device operator" means a person or entity that exercises physical control or monitoring over the operation of a personal delivery device, excluding a person or entity that requests or receives the services of a personal delivery device, arranges for or dispatches the requested services of a personal delivery device, or stores, charges or maintains a personal delivery device.
(o) "Fully autonomous vehicle" means a motor vehicle equipped with an automated driving system designed to function without a human driver as a Level 4 or Level 5 automation system under the Society of Automotive Engineers (SAE) Standard J3016.
SECTION 16. Section 63-3-401, Mississippi Code of 1972, is brought forward as follows:
63-3-401. (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 63-3-405.
(2) Every stop under the provisions of subsection (1) of this section shall be made without obstructing traffic or endangering the life of any person more than is necessary.
(3) Except as provided in subsection (4) of this section, if any driver of a vehicle involved in an accident that results in injury to any person willfully fails to stop or to comply with the requirements of subsection (1) of this section, then such person, upon conviction, shall be punished by imprisonment for not less than thirty (30) days nor more than one (1) year, or by fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
(4) If any driver of a vehicle involved in an accident that results in the death of another or the mutilation, disfigurement, permanent disability or the destruction of the tongue, eye, lip, nose or any other limb, organ or member of another willfully fails to stop or to comply with the requirements under the provisions of subsection (1) of this section, then such person, upon conviction, shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) nor more than twenty (20) years, or by fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
(5) The commissioner shall revoke the driver's license of any person convicted under this section.
SECTION 17. Section 63-3-405, Mississippi Code of 1972, is brought forward as follows:
63-3-405. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with. Said driver shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. No such driver who, in good faith and in the exercise of reasonable care, renders emergency care to any injured person at the scene of an accident or in transporting said injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages to said injured person as a result of any acts committed in good faith and in the exercise of reasonable care or omission in good faith and in the exercise of reasonable care by such driver in rendering the emergency care to said injured person.
SECTION 18. Section 63-3-411, Mississippi Code of 1972, is brought forward as follows:
63-3-411. (1) The driver of a vehicle involved in an
accident resulting in injury to or death of any person or total property damage to an apparent extent of Five Hundred Dollars ($500.00) or more shall immediately, by the quickest means of communication, give notice of the collision to the local police department if the collision occurs within an incorporated municipality, or if the collision occurs outside of an incorporated municipality to the nearest sheriff's office or highway patrol station.
(2) The department may require any driver of a vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report is insufficient in the opinion of the department.
Additionally, the department may require witnesses of accidents to render reports to the department.
(3) It shall be the duty of the highway patrol or the
sheriff's office to investigate all accidents required to be reported by this section when the accident occurs outside the corporate limits of a municipality, and it shall be the duty of the police department of each municipality to investigate all accidents required to be reported by this section when the accidents occur within the corporate limits of the municipality.
Every law enforcement officer who investigates an accident as required by this subsection, whether the investigation is made at the scene of the accident or by subsequent investigation and interviews, shall forward within six (6) days after completing the investigation a written report of the accident to the department if the accident occurred outside the corporate limits of a municipality, or to the police department of the municipality if the accident occurred within the corporate limits of such municipality. Police departments shall forward such reports to the department within six (6) days of the date of the accident.
(4) Whenever an engineer of a railroad locomotive, or other person in charge of a train, is required to show proof of his identity under the provisions of this article, in connection with operation of such locomotive, to any law enforcement officer, such person shall not be required to display his operator's or chauffeur's license but shall display his railroad employee number.
(5) In addition to the information required on the "statewide uniform traffic accident report" forms provided by Section 63-3-415, the department shall require the parties involved in an accident and the witnesses of such accident to furnish their phone numbers in order to assist the investigation by law enforcement officers.
SECTION 19. Section 63-3-413, Mississippi Code of 1972, is brought forward as follows:
63-3-413. Whenever the driver of a vehicle is physically incapable of making a required accident report and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made said report.
SECTION 20. Section 63-3-619, Mississippi Code of 1972, is brought forward as follows:
63-3-619. (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(2) The driver of any motor truck or motor truck drawing another vehicle when traveling upon a roadway outside of a business or residence district shall not follow within three hundred (300) feet of another motor truck or motor truck drawing another vehicle. The provisions of this subsection shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks.
(3) (a) Subject to the provisions of paragraph (b) of this subsection, subsections (1) and (2) of this section shall not apply to the operator of a nonlead vehicle in a platoon, as defined in Section 63-3-103(k), as long as the platoon is operating on a limited access divided highway with more than one (1) lane in each direction and the platoon consists of not more than two (2) motor vehicles.
(b) A platoon may be operated in this state only after an operator files a plan for approval of general platoon operations with the Department of Transportation. If that department approves the submission, it shall forward the plan to the Department of Public Safety for approval. The plan shall be reviewed and either approved or disapproved by the Department of Transportation and the Department of Public Safety within thirty (30) days after it is filed. If approved by both departments, the operator shall be allowed to operate the platoon five (5) working days after plan approval. The Motor Carrier Division of the Department of Public Safety shall develop the acceptable standards required for each portion of the plan.
SECTION 21. Section 63-5-53, Mississippi Code of 1972, is brought forward as follows:
63-5-53. (1) Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damage which said highway or structure may sustain as a result of any illegal operation, driving, or moving of such vehicle, object, or contrivance, or as a result of operation, driving, or moving any vehicle, object or contrivance weighing in excess of the maximum weight in this chapter but authorized by a special permit issued as provided in this chapter.
(2) Whenever such driver is not the owner of such vehicle, object or contrivance, but is so operating, driving, or moving the same with the express or implied permission of said owner, then said owner and driver shall be jointly and severally liable for any such damage.
(3) Such damage may be recovered in a civil action brought by the authorities in control of such highway or highway structure.
SECTION 22. Section 63-7-9, Mississippi Code of 1972, is brought forward as follows:
63-7-9. Except as may otherwise be provided in this chapter, the provisions of this chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors.
SECTION 23. Section 63-15-37, Mississippi Code of 1972, is brought forward as follows:
63-15-37. Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:
1. A certificate of insurance as provided in Section 63-15-39 or Section 63-15-41; or
2. A bond as provided in Section 63-15-49; or
3. A certificate of deposit of money or securities as provided in Section 63-15-51; or
4. A certificate of self-insurance as provided in section 63-15-53, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self-insurer.
SECTION 24. Section 63-15-39, Mississippi Code of 1972, is brought forward as follows:
63-15-39. Proof of financial responsibility may be furnished by filing with the department the written certificate of any insurance company duly authorized to write motor vehicle liability insurance in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
SECTION 25. Section 63-15-41, Mississippi Code of 1972, is brought forward as follows:
63-15-41. (1) The nonresident owner of a motor vehicle, the owner or operator of which is not licensed in this state, may give proof of financial responsibility by filing with the department a written certificate or certificates of an insurance company authorized to transact business in the state in which the motor vehicle or motor vehicles described in such certificate or certificates are registered, or if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such certificate otherwise conforms to the provisions of this chapter. The department shall accept the same upon condition that said insurance company complies with the following provisions with respect to the policies so certified:
(a) Said insurance company shall execute a power of attorney authorizing the department to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state;
(b) Said insurance company shall agree in writing that such policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued herein.
(2) If any insurance company not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the department shall not thereafter accept as proof any certificate of said company whether theretofore filed or thereafter tendered as proof, so long as such default continues.
SECTION 26. Section 63-15-43, Mississippi Code of 1972, is brought forward as follows:
63-15-43. (1) A "motor vehicle liability policy" as said term is used in this chapter shall mean an owner's or an operator's motor vehicle liability policy, that has been certified as provided in Section 63-15-39 or Section 63-15-41, as proof of financial responsibility, and issued, except as otherwise provided in Section 63-15-41, by an insurance company duly authorized to write motor vehicle liability insurance in this state, to or for the benefit of the person named therein as insured.
(2) Such owner's motor vehicle liability policy:
(a) May be any motor vehicle liability policy form that has been filed with and approved by the Commissioner of Insurance and may contain exclusions and limitations on coverage as long as the exclusions and limitations language has been filed with and approved by the Commissioner of Insurance.
(b) Shall have limits of liability no less than: Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to said limit for one (1) person, Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one (1) accident.
(3) Every motor vehicle liability policy certified under the provisions of this chapter shall be subject to the following provisions which need not be contained therein:
(a) The liability of the insurance company with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be cancelled or annulled as to such liability by any agreement between the insurance company and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of said policy shall defeat or void said policy;
(b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance company to make payment on account of such injury or damage;
(c) The insurance company shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b) of subsection (2) of this section; or
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of the chapter shall constitute the entire contract between the parties.
(4) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage, the term "motor vehicle liability policy" shall apply only to that part of the coverage which is required by this section.
(5) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance company for any payment the insurance company would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
(6) Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
(7) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance companies which policies together meet such requirements.
(8) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
SECTION 27. Section 63-15-49, Mississippi Code of 1972, is amended as follows:
63-15-49. (1) Proof of financial responsibility may be furnished by filing a bond with the department, accompanied by the statutory recording fee of the chancery clerk to cover the cost of recordation of the notice provided for herein. The bond may be either a surety bond with a surety company authorized to do business within the state or a bond with at least two (2) individual sureties each owning real estate within the state not exempt under the constitution or laws of the State of Mississippi and together having equities equal in value to at least twice the amount of such bond. In cases of a bond with two (2) individual sureties, such real estate shall be scheduled and a description thereof shall appear in the bond approved by the clerk of the chancery court of the county or counties in which the real estate is located and also approved by the tax collector of the county or counties where the property is situated as being free from any delinquent tax liens. Such bond shall be conditioned for payments in amounts and under the same circumstances as would be required in a motor vehicle liability policy, and shall not be cancellable except after five (5) days' written notice is received by the department. However, cancellation shall not prevent recovery with respect to any right or cause of action arising prior to the date of cancellation. Such bond shall constitute a lien in favor of the state upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond. Notice to that effect, which shall include a description of the real estate scheduled in the bond, shall be filed by the department in the office of the chancery clerk of the county where such real estate is situated. Such notice shall be accompanied by the statutory fee for the services of the chancery clerk in connection with the recordation of such notice, and the chancery clerk or his deputy, upon receipt of such notice, shall acknowledge and cause the same to be recorded in the lien records. Recordation shall constitute notice as provided by the statutes governing the recordation of liens on real estate.
(2) If a judgment rendered against the principal on such surety or real estate bond shall not be satisfied within sixty (60) days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of the state against the persons who executed such bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed such real estate bond, which foreclosure action shall be brought in like manner and subject to all the provisions of law applicable to an action to foreclose a mortgage on real estate.
SECTION 28. Section 63-15-51, Mississippi Code of 1972, is amended as follows:
63-15-51. (1) Proof of
financial responsibility may be evidenced by the certificate of the State Treasurer
that the person named therein has deposited with him Fifteen Thousand Dollars
($15,000.00) in cash, or securities * * * as may legally be purchased by savings
banks or for trust funds of a market value of Fifteen Thousand Dollars ($15,000.00).
The State Treasurer shall not accept any such deposit and issue a certificate
therefor and the department shall not accept such certificate unless accompanied
by evidence that there are no unsatisfied judgments of any character against
the depositor in the county where the depositor resides.
(2) Such deposit shall be
held by the State Treasurer to satisfy, in accordance with the provisions of
this chapter, any execution on a judgment issued against * * * the person making the deposit, for
damages, including damages for care and loss of services, because of bodily
injury to or death of any person, or for damages because of injury to or
destruction of property, including the loss of use thereof, resulting from the
ownership, maintenance, use or operation of a motor vehicle after * * * the deposit was made. Money or
securities so deposited shall not be subject to attachment or execution unless * * * the attachment or execution shall
arise out of a suit for damages as aforesaid.
SECTION 29. Section 63-15-53, Mississippi Code of 1972, is amended as follows:
63-15-53. (1) Any person in whose name more than twenty-five (25) motor vehicles are licensed may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department as provided in subsection (2) of this section.
(2) The department may, in its discretion, upon the application of a person, issue a certificate of self-insurance when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person.
(3) Upon not less than five (5) days notice and a hearing pursuant to such notice, the department may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty (30) days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
SECTION 30. Section 63-19-3, Mississippi Code of 1972, is brought forward as follows:
63-19-3. The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context or subject matter otherwise requires:
(a) "Motor vehicle" means any self-propelled or motored device designed to be used or used primarily for the transportation of passengers or property, or both, and having a gross vehicular weight rating of less than fifteen thousand (15,000) pounds, but shall not include electric personal assistive mobility devices, personal delivery devices or electric bicycles as defined in Section 63-3-103.
(b) "Commercial vehicle" means any self-propelled or motored device designed to be used or used primarily for the transportation of passengers or property, or both, and having a gross vehicular weight rating of fifteen thousand (15,000) pounds or more; however, wherever "motor vehicle" appears in this chapter, except in Section 63-19-43, the same shall be construed to include commercial vehicles where such construction is necessary in order to give effect to this chapter.
(c) "Retail buyer" or "buyer" means a person who buys a motor vehicle or commercial vehicle from a retail seller, not for the purpose of resale, and who executes a retail installment contract in connection therewith.
(d) "Retail seller" or "seller" means a person who sells a motor vehicle or commercial vehicle to a retail buyer under or subject to a retail installment contract.
(e) The "holder" of a retail installment contract means the retail seller of the motor vehicle or commercial vehicle under or subject to the contract or if the contract is purchased by a sales finance company or other assignee, the sales finance company or other assignee.
(f) "Retail installment transaction" means any transaction evidenced by a retail installment contract entered into between a retail buyer and a retail seller wherein the retail buyer buys a motor vehicle or commercial vehicle from the retail seller at a time price payable in one or more deferred installments. The cash sale price of the motor vehicle or commercial vehicle, the amount included for insurance and other benefits if a separate charge is made therefor, official fees and the finance charge shall together constitute the time price.
(g) "Retail installment contract" or "contract" means an agreement entered into in this state pursuant to which the title to or a lien upon the motor vehicle or commercial vehicle which is the subject matter of a retail installment transaction is retained or taken by a retail seller from a retail buyer as security for the buyer's obligation. The term includes a chattel mortgage, a conditional sales contract and a contract for the bailment or leasing of a motor vehicle or commercial vehicle by which the bailee or lessee contracts to pay as compensation for its use a sum substantially equivalent to or in excess of its value and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming, the owner of the motor vehicle upon full compliance with the provisions of the contract.
(h) "Cash sale price" means the price stated in a retail installment contract for which the seller would have sold to the buyer, and the buyer would have bought from the seller, the motor vehicle or commercial vehicle which is the subject matter of the retail installment contract, if such sale had been a sale for cash instead of a retail installment transaction. The cash sale price may include any taxes, registration, certificate of title, if any, license and other fees and charges for accessories and their installation and for delivery, servicing, repairing or improving the motor vehicle or commercial vehicle.
(i) "Official fees" means the fees prescribed by law for filing, recording or otherwise perfecting and releasing or satisfying a retained title or a lien created by a retail installment contract, if recorded.
(j) "Finance charge" means the amount agreed upon between the buyer and the seller, as limited in this chapter, to be added to the aggregate of the cash sale price, the amount, if any, included for insurance and other benefits and official fees, in determining the time price.
(k) "Sales finance company" means a person engaged, in whole or in part, in the business of purchasing retail installment contracts from one or more retail sellers. The term includes, but is not limited to, a bank, trust company, private banker, industrial bank or investment company, if so engaged. The term also includes a retail seller engaged, in whole or in part, in the business of creating and holding retail installment contracts which exceed a total aggregate outstanding indebtedness of Five Hundred Thousand Dollars ($500,000.00). The term does not include the pledgee to whom is pledged one or more of such contracts to secure a bona fide loan thereon.
(l) "Person" means an individual, partnership, corporation, association and any other group however organized.
(m) "Administrator" means the Commissioner of Banking and Consumer Finance or his duly authorized representative.
(n) "Commissioner" means the Commissioner of Banking and Consumer Finance.
(o) "Records" or "documents" means any item in hard copy or produced in a format of storage commonly described as electronic, imaged, magnetic, microphotographic or otherwise, and any reproduction so made shall have the same force and effect as the original thereof and be admitted in evidence equally with the original.
Words in the singular include the plural and vice versa.
SECTION 31. Section 63-21-3, Mississippi Code of 1972, is amended as follows:
63-21-3. The terms and provisions of this chapter shall be administered by the Department of Revenue. The Department of Revenue shall have charge of all the affairs of administering the laws of the state relative to vehicle registration and titling, including fully autonomous vehicles, and manufactured housing titling as hereinafter provided and may employ such administrative and clerical assistance, material and equipment as may be necessary to enable it to speedily, completely and efficiently perform the duties as outlined in this chapter.
SECTION 32. Section 63-21-9, Mississippi Code of 1972, is amended as follows:
63-21-9. (1) Except as
provided in Section 63-21-11, every owner of a motor vehicle as defined in this
chapter, which is in this state and which is manufactured or assembled after
July 1, 1969, or which is the subject of first sale for use after July 1, 1969, * * * every owner of a manufactured home as
defined in this chapter, which is in this state and which is manufactured or
assembled after July 1, 1999, or which is the subject of first sale for use
after July 1, 1999, and every owner of a fully autonomous vehicle as defined
in Section 3 of this act, which is in this state and which is manufactured or
assembled after July 1, 2023, or which is the subject of first sale for use
after July 1, 2023, shall make application to the * * * Department of Revenue
for a certificate of title with the following exceptions:
(a) Voluntary
application for title may be made for any model motor vehicle which is in this
state after July 1, 1969, * * *and for any model manufactured home or mobile home which is in
this state after July 1, 1999, and for any model fully autonomous vehicles which
is in this state after July 1, 2023, and any person bringing a motor
vehicle, manufactured home * * *, mobile home or fully autonomous vehicle
into this state from a state which requires titling shall make application for
title to the * * * Department of Revenue within thirty (30) days
thereafter.
(b) After July 1,
1969, any dealer, acting for himself, or another, who sells, trades or otherwise
transfers any new or used vehicle as defined in this chapter, * * * after July 1, 1999, any dealer, acting for
himself, or another, who sells, trades or otherwise transfers any new or used
manufactured home or mobile home as defined in this chapter, and after July
1, 2023, any dealer, acting for himself, or another, who sells, trades or otherwise
transfers any new or used fully autonomous vehicle as defined in Section 3 of this
act, or any designated agent, shall furnish to the purchaser or transferee,
without charge for either application or certificate of title, an application for
title of said vehicle, manufactured home * * *, mobile home or fully autonomous vehicle
and cause to be forwarded to the * * * Department of Revenue
any and all documents required by the * * * department to issue
certificate of title to the purchaser or transferee. The purchaser or
transferee may then use the duplicate application for title as a permit to
operate vehicle as provided in Section 63-21-67, until certificate of title is
received.
(2) (a) Voluntary application for title may be made for any model all-terrain vehicle which is in this state.
(b) A dealer who sells, trades or otherwise transfers any new or used all-terrain vehicles as defined in this chapter, may furnish to the purchaser or transferee, without charge for either application or certificate of title, an application for title of said vehicle, and cause to be forwarded to the State Tax Commission any and all documents required by the commission to issue certificate of title to the purchaser or transferee.
(3) Any dealer, acting for
himself or another who sells, trades or otherwise transfers any vehicle, manufactured
home * * *,
mobile home or fully autonomous vehicle required to be titled under this
chapter who does not comply with the provisions of this chapter shall be guilty
of a misdemeanor and upon conviction shall be fined a sum not exceeding Five Hundred
Dollars ($500.00).
SECTION 33. Section 63-21-11, Mississippi Code of 1972, is brought forward as follows:
63-21-11. (1) No certificate of title need be obtained for:
(a) A vehicle, manufactured home or mobile home owned by the United States or any agency thereof;
(b) A vehicle, manufactured home or mobile home owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration, or a vehicle used by a manufacturer solely for testing;
(c) A vehicle, manufactured home or mobile home owned by a nonresident of this state and not required by law to be registered in this state;
(d) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;
(e) A vehicle moved solely by animal power;
(f) An implement of husbandry;
(g) Special mobile equipment;
(h) A pole trailer;
(i) Utility trailers of less than five thousand (5,000) pounds gross vehicle weight;
(j) A manufactured home with respect to which the requirements of subsections (1) through (5) of Section 63-21-30, as applicable, have been satisfied unless with respect to the same manufactured home or mobile home there has been recorded an affidavit of severance pursuant to subsection (6) of Section 63-21-30.
(2) Nothing in this section shall prohibit the issuance of a certificate of title to the nonresident owner of an all-terrain vehicle that is purchased in this state.
SECTION 34. Section 63-21-15, Mississippi Code of 1972, is brought forward as follows:
63-21-15. (1) The application for the certificate of title of a vehicle, manufactured home or mobile home in this state shall be made by the owner to a designated agent, on the form the Department of Revenue prescribes, and shall contain or be accompanied by the following, if applicable:
(a) The name, driver's license number, if the owner has been issued a driver's license, current residence and mailing address of the owner;
(b) (i) If a vehicle, a description of the vehicle, including the following data: year, make, model, vehicle identification number, type of body, the number of cylinders, odometer reading at the time of application, and whether new or used; and
(ii) If a manufactured home or mobile home, a description of the manufactured home or mobile home, including the following data: year, make, model number, serial number and whether new or used;
(c) The date of purchase by applicant, the name and address of the person from whom the vehicle, manufactured home or mobile home was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements;
(d) In connection with the transfer of ownership of a manufactured home or mobile home sold by a sheriff's bill of sale, a copy of the sheriff's bill of sale;
(e) (i) An odometer disclosure statement made by the transferor of a motor vehicle. The statement shall read:
"Federal and state law requires that you state the mileage in connection with the transfer of ownership. Failure to complete or providing a false statement may result in fine and/or imprisonment.
I state that the odometer now reads __________ (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described herein, unless one (1) of the following statements is checked:
_____ (1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits.
_____ (2) I hereby certify that the odometer reading is not the actual mileage. WARNING-ODOMETER DISCREPANCY!"
(ii) In connection with the transfer of ownership of a motor vehicle, each transferor shall disclose the mileage to the transferee in writing on the title or on the document being used to reassign the title, which form shall be prescribed and furnished by the Department of Revenue. This written disclosure must be signed by the transferor and transferee, including the printed name of both parties.
Notwithstanding the requirements above, the following exemptions as to odometer disclosure shall be in effect:
1. A vehicle having a gross vehicle weight rating of more than sixteen thousand (16,000) pounds.
2. A vehicle that is not self-propelled.
3. A vehicle that is twenty (20) years old or older.
4. A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications.
5. A transferor of a new vehicle prior to its first transfer for purposes other than resale need not disclose the vehicle's odometer mileage.
(iii) Any person who knowingly gives a false statement concerning the odometer reading on an odometer disclosure statement shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to One Thousand Dollars ($1,000.00) or imprisonment of up to one (1) year, or both, at the discretion of the court. These penalties shall be cumulative, supplemental and in addition to the penalties provided by any other law; and
(f) For previously used manufactured homes and mobile homes that previously have not been titled in this state or any other state, a disclosure statement shall be made by the owner of the manufactured home or mobile home applying for the certificate of title. That statement shall read:
"I state that the previously used manufactured home or mobile home owned by me for which I am applying for a certificate of title, to the best of my knowledge:
_____ (1) Has never been declared a total loss due to flood damage, fire damage, wind damage or other damage; or
_____ (2) Has previously been declared a total loss due to:
_____ (a) Collision;
_____ (b) Flood;
_____ (c) Fire;
_____ (d) Wind;
_____ (e) Other (please describe): _______________
________________________________________________________________."
(2) The application shall be accompanied by such evidence as the Department of Revenue reasonably requires to identify the vehicle, manufactured home or mobile home and to enable the Department of Revenue to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle, manufactured home or mobile home and whether the applicant is liable for a use tax as provided by Sections 27-67-1 through 27-67-33.
(3) If the application is for a vehicle, manufactured home or mobile home purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of his security agreement and it shall be signed by the dealer as well as the owner. The designated agent shall promptly mail or deliver the application to the Department of Revenue.
(4) If the application is for a new vehicle, manufactured home or mobile home, it shall contain the certified manufacturer's statement of origin showing proper assignments to the applicant and a copy of each security interest document.
(5) Each application shall contain or be accompanied by the certificate of a designated agent that the vehicle, manufactured home or mobile home has been physically inspected by him and that the vehicle identification number and descriptive data shown on the application, pursuant to the requirements of subsection (1)(b) of this section, are correct, and also that he has identified the person signing the application and witnessed the signature. If the application is to receive a branded title for a vehicle for which a salvage certificate of title has been issued, the application shall be accompanied by a sworn affidavit that the vehicle complies with the requirements of this section, Section 63-21-39 and the regulations promulgated by the Department of Revenue under Section 63-21-39.
(6) (a) If the application is for a first certificate of title on a vehicle, manufactured home or mobile home other than a new vehicle, manufactured home or mobile home, then the application shall conform with the requirements of this section except that in lieu of the manufacturer's statement of origin, the application shall be accompanied by a copy of the bill of sale of said motor vehicle, manufactured home or mobile home whereby the applicant claims title or in lieu thereof, in the case of a motor vehicle, certified copies of the last two (2) years' tag and tax receipts or in lieu thereof, in any case, such other information the Department of Revenue may reasonably require to identify the vehicle, manufactured home or mobile home and to enable the Department of Revenue to determine ownership of the vehicle, manufactured home or mobile home and the existence or nonexistence of security interest in it. If the application is for a vehicle, manufactured home or mobile home last previously registered in another state or country, the application shall also be accompanied by the certificate of title issued by the other state or country, if any, properly assigned.
(b) A person may apply for a certificate of title to a vehicle lacking proper documentation if the vehicle is at least thirty (30) years old and the person submits a certificate of ownership signed under penalty of perjury on a form prescribed by the Department of Revenue.
(7) If the application is for a vehicle the owner does not intend to drive, the owner need not purchase a license tag in order to receive a certificate of title, so long as the application contains an affidavit attesting to the owner's intent that the vehicle not be operated on the highways of this state until and unless the owner applies for a license tag.
(8) Every designated agent within this state shall, no later than the next business day after they are received by him, forward to the Department of Revenue by mail, postage prepaid, the originals of all applications received by him, together with such evidence of title as may have been delivered to him by the applicants.
(9) An application for certificate of title and information to be placed on an application for certificate of title may be transferred electronically as provided in Section 63-21-16.
(10) The Department of Revenue shall issue a certificate of title or any other document applied for under this chapter to the designated agent, owner or lienholder of the motor vehicle or of the manufactured home or mobile home, as appropriate, not more than thirty (30) days after the application and required fee prescribed under Section 63-21-63 or Section 63-21-64 are received unless the applicant requests expedited processing under subsection (11) of this section.
(11) (a) The Department of Revenue shall establish an expedited processing procedure for the receipt of applications and the issuance of certificates of title and any other documents issued under this chapter, except a replacement certificate of title as provided under Section 63-21-27(2), for motor vehicles and for manufactured homes or mobile homes. Any designated agent, lienholder or owner requesting the issuance of any such document, at his or her option, shall receive such expedited processing upon payment of a fee in the amount of Thirty Dollars ($30.00). Such fee shall be in addition to the fees applicable to the issuance of any such documents under Section 63-21-63 and Section 63-21-64.
(b) When expedited title processing is requested, the applicable fees are paid and all documents and information necessary for the Department of Revenue to issue the certificate of title or other documents applied for are received by the department, then the department shall complete processing of the application and issue the title or document applied for within seventy-two (72) hours of the time of receipt, excluding weekends and holidays.
SECTION 35. Section 63-21-17, Mississippi Code of 1972, is brought forward as follows:
63-21-17. (1) The Department of Revenue shall examine each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle, manufactured home or mobile home on the form prescribed by the department.
(2) The Department of Revenue shall maintain a record of all certificates of title issued for fifteen (15) years from the date of issuance, pursuant to the provisions of this chapter:
(a) Under a distinctive title number assigned to the vehicle, manufactured home or mobile home;
(b) Under the vehicle identification number;
(c) Under the name of the owner; and
(d) In the discretion of the Department of Revenue, by any other method the department determines.
(3) The Department of Revenue shall maintain a record of each affidavit of affixation filed in accordance with subsections (3), (4) and (5) of Section 63-21-30. The record shall state the name and mailing address of each owner of the related manufactured home, the county of recordation, the date of recordation, and the book and page number of each book of records in which there has been recorded an affidavit of affixation under subsections (1) and (2) of Section 63-21-30, the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number or VIN of the manufactured home or mobile home, to the extent that such data exists, and any other information the Department of Revenue prescribes.
(4) The Department of Revenue shall maintain a record of each manufacturer's certificate of origin submitted for the purpose of effectuating the retirement of title as provided in Section 63-21-30. The record shall state the name and mailing address of each owner of the manufactured home, the date the manufacturer's certificate of origin was submitted, the county of recordation, the date of recordation, and the book and page number of each book of records in which there has been recorded an affidavit of affixation under subsections (1) and (2) of Section 63-21-30, the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number or VIN of the manufactured home or mobile home, to the extent that such data exists, and any other information the Department of Revenue prescribes.
(5) The Department of Revenue shall maintain a record of each certificate of title accepted for surrender as provided in subsection (5) of Section 63-21-30. The record shall state the name and mailing address of each owner of the manufactured home, the date the certificate of title was accepted for surrender, the county of recordation, the date of recordation, and the book and page number of each book of records in which there has been recorded an affidavit of affixation under subsections (1) and (2) of Section 63-21-30, the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number or VIN of the manufactured home or mobile home, to the extent that such data exists, and any other information the Department of Revenue prescribes.
(6) The Department of Revenue shall maintain a record of each affidavit of severance filed in accordance with subsection (6) of Section 63-21-30. The record shall state the name and mailing address of each owner of the related manufactured home, the county of recordation, the date of recordation, and the book and page number of each book of records in which there has been recorded an affidavit of severance under subsection (6) of Section 63-21-30, the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number or VIN of the manufactured home or mobile home, to the extent that such data exists, and any other information the Department of Revenue prescribes.
(7) Records of affidavits of affixation, submitted manufacturer's certificates of origin, surrendered certificates of title, and affidavits of severance shall be maintained permanently and be subject to public records request. The records of affidavits of affixation, submitted manufacturer's certificates of origin, and surrendered certificates of title shall include a statement that the manufactured home is real property as provided in subsections (13) and (14) of Section 63-21-30.
SECTION 36. This act shall take effect and be in force from and after July 1, 2023.
