Bill Text: MS HB1421 | 2013 | Regular Session | Introduced
Bill Title: Driving guidelines; revise regarding seat belt fines and driver's license laws.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB1421 Detail]
Download: Mississippi-2013-HB1421-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Transportation; Judiciary B
By: Representative Williams-Barnes
House Bill 1421
AN ACT TO AMEND SECTION 63-1-21, MISSISSIPPI CODE OF 1972, TO REQUIRE TEMPORARY DRIVING PERMIT HOLDERS LESS THAN TWENTY-ONE YEARS OLD TO HAVE AT LEAST 30 HOURS OF DOCUMENTED DRIVING EXPERIENCE BEFORE GRADUATING TO AN INTERMEDIATE LICENSE OR ANY OTHER DRIVER'S LICENSE; TO PROHIBIT AN INTERMEDIATE LICENSE HOLDER FROM DRIVING MORE THAN ONE PASSENGER DURING THE FIRST SIX MONTHS OF HOLDING AN INTERMEDIATE LICENSE; TO AMEND SECTION 63-2-7, MISSISSIPPI CODE OF 1972, TO INCREASE THE FINES FOR FAILURE TO WEAR A SEAT BELT RESTRAINT FROM TWENTY-FIVE DOLLARS TO SEVENTY-FIVE DOLLARS; TO PROVIDE THAT FIFTY DOLLARS OF THE COLLECTED FINES BE DEPOSITED IN THE DRIVER TRAINING PENALTY ASSESSMENT FUND; TO AMEND SECTION 37-25-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-21, Mississippi Code of 1972, is amended as follows:
63-1-21. (1) To obtain a new or original driver's or operator's license, every applicant other than a person holding an out-of-state license shall first obtain a temporary driving permit by paying a fee of One Dollar ($1.00) to the Department of Public Safety, successfully completing the examination provided for in Section 63-1-33, and paying the examination fee provided for in Section 63-1-43.
(2) (a) A temporary driving permit entitles the holder, provided the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver. A temporary driving permit may be issued to any applicant who is at least fifteen (15) years of age. A temporary driving permit shall be valid for a period of two (2) years from the date of issue.
(b) Notwithstanding any other provision of law to the contrary, every driver holding a temporary driving permit who is less than twenty-one (21) years of age must have no less than thirty (30) hours of documented driving experience through driver education programs, parent instruction or simulation driver training before becoming eligible for an intermediate license or any other driver's license.
(3) (a) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 11:30 p.m. Friday and Saturday, and allows unsupervised driving any time for a person traveling directly to or from work. At all other times the intermediate licensee must be supervised by a parent, guardian or other person age twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver. At no time during the first six (6) months of holding an intermediate license may a licensee operate a vehicle with more than one (1) passenger.
(b) The fee for issuance of an intermediate license shall be Five Dollars ($5.00).
(4) Except as otherwise provided by Section 63-1-6, every applicant for a restricted motorcycle operator's license or a motorcycle endorsement shall first obtain a temporary motorcycle driving permit by paying a fee of One Dollar ($1.00) to the Department of Public Safety, successfully completing the examination provided for in Section 63-1-33, and paying the examination fee provided for in Section 63-1-43. All applicants for a temporary motorcycle permit shall:
(a) Be at least fifteen (15) years of age;
(b) Operate a motorcycle only under the direct supervision of a person at least twenty-one (21) years of age who possesses either a valid driver's or operator's license with a motorcycle endorsement or a valid restricted motorcycle operator's license;
(c) Be prohibited from transporting a passenger on a motorcycle;
(d) Be prohibited from operating a motorcycle upon any controlled access highway; and
(e) Be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as temporary driving permits issued for vehicles other than motorcycles.
SECTION 2. Section 63-2-7, Mississippi Code of 1972, is amended as follows:
63-2-7. (1) A violation of
this chapter shall be a misdemeanor, punishable by a fine of * * *
Seventy-five
Dollars ($75.00) upon conviction; however, only the operator of a vehicle
may be fined for a violation of this chapter by the operator, for a violation
of this chapter by a front-seat passenger or for a violation of this chapter by
a child who is under seven (7) years of age and who is not required to be
protected by the use of a child passenger restraint device or system or a belt
positioning booster seat system under the provisions of Sections 63-7-301
through 63-7-311, regardless of the seat that the child occupies. The maximum
fine that may be imposed against the operator of a vehicle for a violation of
this chapter by the operator or for a violation of this chapter by one or more
passengers shall be * * * Seventy-five Dollars ($75.00) in the
aggregate. The funds from fines collected under this section shall be
deposited in the State General Fund in the State Treasury. However, Fifty
Dollars ($50.00) of such fines shall be deposited in the Driver Training
Penalty Assessment Fund.
(2) A violation of this chapter shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.
SECTION 3. Section 37-25-17, Mississippi Code of 1972, is amended as follows:
37-25-17. Such assessments as are collected under subsections (1) and (2) of Section 99-19-73, and such fines as are collected and specified for deposit into this fund under Section 63-2-7, shall be deposited in the Driver Training Penalty Assessment Fund, which fund is hereby created, to be used exclusively as provided in this chapter.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.
