Bill Text: MS HB576 | 2013 | Regular Session | Introduced
Bill Title: ATVs; allow MDOT, counties and municipalities to designate and mark crossing points for.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB576 Detail]
Download: Mississippi-2013-HB576-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Transportation
By: Representative Mayo (By Request)
House Bill 576
AN ACT TO AMEND SECTION 63-31-3, MISSISSIPPI CODE OF 1972, TO ALLOW THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, COUNTY BOARDS OF SUPERVISORS AND THE GOVERNING BODY OF ANY MUNICIPALITY TO DESIGNATE AND MARK CROSSING POINTS FOR ATVS ON ROADS, STREETS OR HIGHWAYS UNDER ITS JURISDICTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-31-3, Mississippi Code of 1972, is amended as follows:
63-31-3. (1) No off-road vehicle shall be operated upon any public property by any person unless:
(a) (i) The person possesses a valid driver's license; or
(ii) The person possesses a certificate as provided under subsections (3) and (4) of this section.
(b) No person may operate any off-road vehicle upon any public property in this state unless each person under sixteen (16) years of age who is operating or riding on the off-road vehicle is wearing a crash helmet that complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to the federal Motor Vehicle Safety Standard No. 218 (49 CFR 571.218) for helmets designed for use by motorcyclists.
(2) A violation of subsection (1) of this section is punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00).
(3) Off-road vehicle safety courses shall be held by the Cooperative Extension Service using 4-H safety course materials and curricula, and shall be taught by instructors possessing qualifications approved by the Department of Public Safety. The Cooperative Extension Service shall issue a certificate to each person who satisfactorily completes the off-road vehicle safety course.
(4) Off-road vehicle safety courses may be held by any organization approved by the Department of Public Safety. Such organization shall issue a certificate to each person who satisfactorily completes the off-road vehicle safety course.
(5) For the purposes of this section:
(a) "Off-road vehicle" means any all-terrain vehicle or dirt bike.
(b) "All-terrain vehicle" or "ATV" means any motorized vehicle manufactured and designed exclusively for off-road use that is fifty (50) inches or less in width; has an unladen dry weight of six hundred (600) pounds or less; travels on three (3), four (4) or more low-pressure tires; has a seat designed to be straddled by the operator; and uses handlebars for steering control.
(c) "Dirt bike" means a motor-powered vehicle possessing two (2) or more tires, designed to travel over any terrain and capable of travelling off of paved roads, whether or not the vehicle may be operated legally on a public street.
(6) Nothing in this section shall be construed to authorize operation of an off-road vehicle on a public road or highway of this state except as provided under subsection (7) of this section.
(7) (a) The Mississippi Department of Transportation may designate and mark crossing points for ATVs on any street, road or highway under the jurisdiction of the department. The use of the crossing points by ATV operators may be restricted by the department as necessary for the safety of the public.
(b) Any county board of supervisors or the governing body of any municipality may designate and mark crossing points for ATVs on any street, road or highway under the jurisdiction of the county or municipality. The use of the crossing points by ATV operators may be restricted by the department as necessary for the safety of the public.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
