Bill Text: MS SB2488 | 2015 | Regular Session | Introduced
Bill Title: Commercial Vehicle Inspection Stations; create program for.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [SB2488 Detail]
Download: Mississippi-2015-SB2488-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary, Division B; Finance
By: Senator(s) Massey
Senate Bill 2488
AN ACT TO CREATE THE COMPULSORY INSPECTION OF COMMERCIAL MOTOR VEHICLES LAW; TO CREATE NEW SECTION 63-13-101, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTIFICATION OF INSPECTION STATIONS; TO CREATE NEW SECTION 63-13-103, MISSISSIPPI CODE OF 1972, TO ALLOW CERTIFICATION OF GOVERNMENTAL STATIONS; TO CREATE NEW SECTION 63-13-105, MISSISSIPPI CODE OF 1972, TO LIMIT GOVERNMENTAL INSPECTIONS; TO CREATE NEW SECTION 63-13-107, MISSISSIPPI CODE OF 1972, TO ESTABLISH A COMMERCIAL MOTOR VEHICLE INSPECTION PROGRAM; TO CREATE NEW SECTION 63-13-109, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CERTIFICATES; TO CREATE NEW SECTION 63-13-111, MISSISSIPPI CODE OF 1972, TO REQUIRE MAINTENANCE OF THE FORMS; TO CREATE NEW SECTION 63-13-113, MISSISSIPPI CODE OF 1972, TO REQUIRE REPORTS; TO CREATE NEW SECTION 63-13-115, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INVALIDITY; TO CREATE NEW SECTION 63-13-117, MISSISSIPPI CODE OF 1972, TO REQUIRE REINSPECTIONS; TO CREATE NEW SECTION 63-13-119, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTIFICATION; TO CREATE NEW SECTION 63-13-121, MISSISSIPPI CODE OF 1972, TO REQUIRE APPLICATION; TO CREATE NEW SECTION 63-13-123, MISSISSIPPI CODE OF 1972, TO SET STANDARDS FOR CERTIFICATION; TO CREATE NEW SECTION 63-13-125, MISSISSIPPI CODE OF 1972, TO ALLOW INSPECTIONS; TO CREATE NEW SECTION 63-13-127, MISSISSIPPI CODE OF 1972, TO PRESCRIBE A FORM; TO CREATE NEW SECTION 63-13-129, MISSISSIPPI CODE OF 1972, TO ALLOW DENIAL; TO CREATE NEW SECTION 63-13-131, MISSISSIPPI CODE OF 1972, TO ALLOW PROBATION; TO CREATE NEW SECTION 63-13-133, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR WRITTEN NOTICE OF SUSPENSION; TO CREATE NEW SECTION 63-13-135, MISSISSIPPI CODE OF 1972, TO AUTHORIZE APPEAL; TO CREATE NEW SECTION 63-13-137, MISSISSIPPI CODE OF 1972, TO ALLOW THE ADOPTION OF RULES; TO CREATE NEW SECTION 63-13-139, MISSISSIPPI CODE OF 1972, TO SET FEES; TO CREATE NEW SECTION 63-13-141, MISSISSIPPI CODE OF 1972, TO SET FEES; TO CREATE NEW SECTION 63-13-143, MISSISSIPPI CODE OF 1972, TO SET FEES; TO CREATE NEW SECTION 63-13-145, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DEPOSIT OF FEES; TO CREATE NEW SECTION 63-13-147, MISSISSIPPI CODE OF 1972, TO CREATE OFFENSES UNDER THE NEW ARTICLE; TO CREATE NEW SECTION 63-13-149, MISSISSIPPI CODE OF 1972, TO CREATE THE OFFENSE OF COUNTERFEITING; TO CREATE NEW SECTION 63-13-151, MISSISSIPPI CODE OF 1972, TO SPECIFY THE OFFENSE OF OPERATING WITHOUT PROPER INSPECTION; TO DIRECT CODIFICATION OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 63-13-101, Mississippi Code of 1972:
63-13-101. (1) The Department of Public Safety may certify inspection stations to carry out this article and may instruct and supervise the inspection stations and mechanics for the inspection of the commercial vehicles and equipment subject to this article.
(2) The department shall certify a sufficient number of inspection stations so as to be as convenient as possible for each county.
SECTION 2. The following shall be codified as Section 63-13-103, Mississippi Code of 1972:
63-13-103. The department may certify a vehicle-maintenance facility owned and operated by a political subdivision or agency of this state as an inspection station.
(a) An inspection station certified under this section is subject to the requirements of this article applicable to another inspection station, except as otherwise provided by this article.
(b) The facility may inspect only a vehicle owned by the political subdivision or state agency. An officer, employee, or inspector of the subdivision or agency may not place an inspection certificate received from the department under this section on a vehicle not owned by the subdivision or agency.
SECTION 3. The following shall be codified as Section 63-13-105, Mississippi Code of 1972:
63-13-105. A compulsory inspection under this article may be made only by an inspection station, except that the department may:
(a) Permit inspection to be made by an inspector under terms and conditions the department prescribes;
(b) Authorize the acceptance in this state of a certificate of inspection and approval issued in another state having a similar inspection law; and
(c) Authorize the acceptance in this state of a certificate of inspection and approval issued in compliance with 49 CFR Part 396.
SECTION 4. The following shall be codified as Section 63-13-107, Mississippi Code of 1972:
63-13-107. (1) The commissioner shall establish an inspection program for commercial motor vehicles that:
(a) Meets the requirements of federal motor carrier safety regulations; and
(b) Requires a commercial motor vehicle registered in this state to pass an annual inspection of all safety equipment required by the federal motor carrier safety regulations.
(2) A program under this section also applies to any:
(a) Vehicle or combination of vehicles with a gross weight rating of more than ten thousand (10,000) pounds that is operated in interstate commerce and registered in this state;
(b) Vehicle or combination of vehicles that have a manufacturer's weight rating of over twenty-six thousand (26,000) pounds;
(c) Motor coach or bus, as defined in the federal regulations, that has a gross weight, registered weight, or gross weight rating of more than twenty-six thousand (26,000) pounds, or is designed to transport more than fifteen (15) passengers, including the driver; and
(d) Vehicle or combination transporting a placardable quantities of hazardous material.
SECTION 5. The following shall be codified as Section 63-13-109, Mississippi Code of 1972:
63-13-109. The department shall provide serially numbered inspection certificates and verification forms to inspection stations. The department may issue a unique inspection certificate for any vehicle inspected under this section.
SECTION 6. The following shall be codified as Section 63-13-11, Mississippi Code of 1972:
63-13-111. Upon being licensed, an inspector or owner of an inspection station shall:
(a) Provide for the safekeeping of inspection certificates and verification forms;
(b) Safeguard the certificates and forms against theft, loss, or damage;
(c) Control the sequence of issuance of the certificates and forms; and
(d) Ensure that the certificates and forms are issued in accordance with department rules.
SECTION 7. The following shall be codified as Section 63-13-113, Mississippi Code of 1972:
63-13-113. An inspection station or inspector, on issuing an inspection certificate and verification form, shall:
(a) Make a record and report as prescribed by the department of the inspection and certificate issued; and
(b) Include in the inspection certificate and verification form the information required by the department for the type of vehicle inspected.
SECTION 8. The following shall be codified as Section 63-13-115, Mississippi Code of 1972:
63-13-115. An inspection certificate is invalid after the end of the twelfth month following the month in which the certificate is issued. An unused inspection certificate representing a previous inspection period may not be issued after the beginning of the next period.
SECTION 9. The following shall be codified as Section 63-13-117, Mississippi Code of 1972:
63-13-117. If an inspection certificate is lost, stolen, or destroyed during the period during which the certificate is valid, the vehicle must be reinspected and any applicable fee paid before a new certificate is issued.
SECTION 10. The following shall be codified as Section 63-13-119, Mississippi Code of 1972:
63-13-119. A person may perform an inspection or issue an inspection certificate only if certified to do so by the department under rules adopted by the department.
SECTION 11. The following shall be codified as Section 63-13-121, Mississippi Code of 1972:
63-13-121. (1) To operate as an inspection station, a person must apply to the department for certification. The application must:
(a) Be filed with the department on a form prescribed and provided by the department; and
(b) State:
(i) The name of the applicant;
(ii) If the applicant is an association, the names and addresses of the persons constituting the association;
(iii) If the applicant is a corporation, the name and addresses of its principal officers;
(iv) The name under which the applicant transacts or intends to transact business;
(v) The location of the applicant's place of business in the state; and
(vi) Other information required by the department, including information required by the department for identification.
(2) The application must be signed and sworn or affirmed by:
(a) If the applicant is an individual, the owner; or
(b) If the applicant is a corporation, an executive officer or person specifically authorized by the corporation to sign the application, to which shall be attached written evidence of the person's authority.
(3) An applicant who has or intends to have more than one place of business in this state must file a separate application for each place of business.
SECTION 12. The following shall be codified as Section 63-13-123, Mississippi Code of 1972:
63-13-123. (1) The department may approve an application for certification as an inspection station only if:
(a) The location complies with department requirements; and
(b) The applicant complies with department rules.
(2) On approval of an application, the department shall issue to the applicant an inspection station certificate. The certificate is valid for each person in whose name the certificate is issued and for the transaction of business at the location designated in the certificate. A certificate is not assignable.
(3) An inspection station certificate shall be conspicuously displayed at the station for which the certificate was issued.
SECTION 13. The following shall be codified as Section 63-13-125, Mississippi Code of 1972:
63-13-125. (1) An employee or agent of the department may enter an inspection station during normal business hours to conduct an investigation, inspection, or audit of the inspection station or inspector to determine whether the inspection station or inspector is in compliance with:
(a) This article; and
(b) Department rules under this article.
(2) An employee or agent of the department who enters an inspection station for a purpose described by subsection (1):
(a) Shall notify the manager or person in charge of the inspection station of the presence of the member, employee, or agent;
(b) Shall present the manager or person in charge of the inspection station with the proper credentials identifying the member, employee, or agent as a member, employee, or agent of the department; and
(c) Is entitled to have access to inspection records and any inspection station certificate or inspector certificate.
(3) A member or agent of the department who enters an inspection station to conduct an investigation, inspection, or audit under subsection (1) of this section must observe the inspection station's rules relating to safety, security, and fire protection.
(4) Subsection (2) of this section does not prohibit the department from conducting an undercover investigation or a covert audit of an inspection station.
SECTION 14. The following shall be codified as Section 63-13-127, Mississippi Code of 1972:
63-13-127. An application for certification as an inspector shall:
(a) Be made on a form prescribed and provided by the department; and
(b) State:
(i) The name of the applicant;
(ii) The address of the applicant's residence and place of employment;
(iii) The applicant's driver's license number; and
(iv) Other information required by the department.
SECTION 15. The following shall be codified as Section 63-13-129, Mississippi Code of 1972:
63-13-129. (1) The department may deny a person's application for a certificate, revoke or suspend the certificate of a person, inspection station, or inspector, place on probation a person who holds a suspended certificate, or reprimand a person who holds a certificate if:
(a) The station or inspector conducts an inspection, fails to conduct an inspection, or issues a certificate;
(i) In violation of this article or a rule adopted under this article; or
(ii) Without complying with the requirements of this article or a rule adopted under this article.
(b) The person, station, or inspector commits an offense under this article or violates this article or a rule adopted under this article;
(c) The applicant or certificate holder does not meet the standards for certification under this article or a rule adopted under this article;
(d) The station or inspector does not maintain the qualifications for certification or does not comply with a certification requirement under this article;
(e) The certificate holder or the certificate holder's agent, employee, or representative commits an act or omission that would cause denial, revocation, or suspension of a certificate to an individual applicant or certificate holder;
(f) The station or inspector does not pay a fee required by this article; or
(g) The inspector of owner of an inspection station is convicted of a:
(i) Felony or a misdemeanor punishable by more than six (6) months in jail;
(ii) Similar crime under the jurisdiction of another state or the federal government; or
(ii) Crime under the jurisdiction of another state or the federal government that would be a felony or a misdemeanor punishable by more than six (6) months in jail if the crime were committed in this state;
(2) An offense of reproduction or counterfeiting an annual inspection sticker is a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or confinement in the custody of the Department of Corrections not to exceed three (3) years.
(3) If the department suspends a certificate because of a violation of this article, the suspension must be for a period of not less than six (6) months. The suspension may not be probated or deferred.
(4) Until an inspector or inspection station whose certificate is suspended or revoked receives a new certificate, has the certificate reinstated, or the suspension expires, the inspector or station may not be directly or indirectly involved in an inspection operation.
(5) An immediate family member of an inspector or owner of an inspection station whose certificate is suspended or revoked may not be granted a certificate under this article if the location of the family member's place of business is the same as that of the inspector or owner whose certificate is suspended or revoked unless the family member proves that the inspector or owner whose certificate is suspended or revoked has no involvement with the family member's place of business.
(6) Subsection (1) of this section applies to:
(a) Each member of a partnership or association issued a certificate under this subarticle;
(b) Each director or officer of a corporation issued a certificate under this subarticle; and
(c) A shareholder who receives compensation from the day-to-day operation of the corporation in the form of a salary.
(7) The department may not suspend, revoke, or deny all certificates of a person who holds more than one inspection station certificate based on a suspension, revocation, or denial of one (1) of that person's inspection station certificates without proof of culpability related to a prior action under this subsection.
(8) The department shall develop, by July 1, 2015, a penalty schedule consisting of warnings, re-education, suspensions, and revocations based on the severity and frequency of offenses committed under the Mississippi Rules of The Road and rules adopted by the department under this article.
SECTION 16. The following shall be codified as Section 63-13-131, Mississippi Code of 1972:
63-13-131. The director or his designee may require the holder of a suspended certificate who is placed on probation to report regularly to the department on a matter that is the basic of the probation.
SECTION 17. The following shall be codified as Section 63-13-133, Mississippi Code of 1972:
63-13-133. (1) Before an application for certification as an inspection station or inspector is denied, the director or a person the director designates shall give the person written notification of:
(a) The proposed denial;
(b) Each reason for the proposed denial; and
(c) The person's right to an administrative hearing to determine whether the evidence warrants the denial.
(2) Before a certificate of appointment as an inspector or inspection station is revoked or suspended, the director or a person the director designates shall give written notification to the inspector or inspection station of the revocation or the period of suspension. The notice shall include:
(a) The effective date of the revocation or the period of the suspension, as applicable;
(b) Each reason for the revocation or suspension; and
(c) A statement explaining the person's right to an administrative hearing to determine whether the evidence warrants the revocation or suspension.
(3) Notice under Subsection (a) or (b) must be made by personal delivery or by mail to the last address given to the department by the person
(4) The department may provide that a revocation or suspension take effect on receipt of notice under Subsection (b) if the department finds that the action is necessary to prevent or remedy a threat to public health, safety, or welfare. Violations that present a threat to public health, safety, or welfare include:
(a) Issuing an inspection certificate with knowledge that the issuance is in violation of this article or rules adopted under this article;
(b) Falsely or fraudulently representing to the owner or operator of a vehicle that equipment inspected or required to be inspected must be repaired, adjusted, or replaced for the vehicle to pass an inspection;
(c) Issuing an inspection certificate:
(i) Without authorization to issue the certificate; or
(ii) Without inspecting the vehicle;
(c) Issuing an inspection certificate for a vehicle with knowledge that the vehicle has not been repaired, adjusted, or corrected after an inspection has shown a repair, adjustment, or correction to be necessary;
(d) Knowingly issuing an inspection certificate:
(i) For a vehicle without conducting an inspection of each item required to be inspected; or
(ii) For a vehicle that is missing an item required to be inspected or that has an item required to be inspected that is not in compliance with state law or department rules;
(e) Refusing to allow a vehicle's owner to have a qualified person of the owner's choice make a required repair, adjustment, or correction;
(f) Charging for an inspection an amount greater than the authorized fee;
(g) A violation of this article; or
(h) A conviction of a felony or a misdemeanor that directly relates to or affects the duties or responsibilities of a vehicle inspection station or inspector or a conviction of a similar crime under the jurisdiction of another state or the federal government.
(5) For the purpose of subsection(4)(h) of this section, a person is convicted of an offense if a court enters against the person an adjudication of the person's guilt, including an order of probation.
(6) To obtain an administrative hearing on a denial, suspension, or revocation under this section, a person must submit a written request for a hearing to the director not later than the twentieth day after the date notice is delivered personally or is mailed.
(7) If the director receives a timely request under subsection (6) of this section, the director shall provide the person with an opportunity for a hearing as soon as practicable. A hearing on a revocation or suspension under subsection (6) that takes effect on receipt of the notice must be held not later than fourteen (14) days after the department receives the request for hearing. The revocation or suspension continues in effect until the hearing is completed if the hearing is continued beyond the fourteen-day period:
(a) At the request of the inspector or inspection station; or
(b) On a finding or good cause by the hearing officer.
(8) If the director does not receive a timely request under subsection (6), the director may deny the application, revoke or suspend a certificate, or sustain the revocation or suspension of a certificate without a hearing.
(9) Except as provided by subsection (6), the hearing must be held not earlier than the eleventh day after the date written notice of the hearing and copy of the charges is given to the person by personal service or by certified mail to the last address given to the department by the person.
(10) The director or a person designated by the director shall conduct the hearing and may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers or documents. If the hearing is conducted by a person designated by the director, the director may take action under this section on a recommendation of the designated person.
(11) On the basis of the evidence submitted at the hearing, the director may deny the application or revoke or suspend the certificate.
SECTION 18. The following shall be codified as Section 63-13-135, Mississippi Code of 1972:
63-13-135. A person dissatisfied with the final decision of the director may appeal the decision by filing an appeal in the Circuit Court of the First Judicial District of Hinds County.
SECTION 19. The following shall be codified as Section 63-13-137, Mississippi Code of 1972:
63-13-137. (1) The department shall adopt rules regarding the efficient handling and investigation of complaints by citizens, applicants, inspectors, and inspection stations against an employee or agent of the department who may investigate the compliance of an inspection station or inspector within this article.
(2) The rule must provide for a fair, expeditious, and equitable investigation and resolution to complaints received by the department.
SECTION 20. The following shall be codified as Section 63-13-139, Mississippi Code of 1972:
63-13-139. (1) The fee for inspection is as follows:
Commercial motor vehicle (Truck).................. $100.00.
Commercial trailer................................ $ 75.00.
Commercial dolly.................................. $ 50.00.
(2) The inspection station shall pay to the department:
(a) Fifty Dollars ($50.00) of each fee for inspection of a commercial motor vehicle per unit, truck or straight truck.
(b) Thirty-seven Dollars and Fifty Cents ($37.50) of each fee for inspection of a commercial trailer.
(c) Twenty-five Dollars ($25.00) of each fee for inspection of a commercial dolly.
(3) The department may require the station to make an advance payment of Fifty Dollars ($50.00) for a certificate to be issued under this section. If advance payment is made:
(a) No additional payment may be required of the station for the certificate; and
(b) A refund for an unissued certificate shall be made in the same manner as provided for other certificate refunds.
SECTION 21. The following shall be codified as Section 63-13-141, Mississippi Code of 1972:
63-13-141. An applicant for certification as an inspector must submit with the applicant's first application a fee of Twenty-five ($25.00) for certification until August 31 of an even-numbered year following the date of certification. To be certified after August 31 of a year, the applicant must pay Twenty-five Dollars ($25.00) as a certificate fee for each subsequent two-year period.
SECTION 22. The following shall be codified as Section 63-13-143, Mississippi Code of 1972:
63-13-143. When an applicant for certification as an inspection station is notified that the application will be approved, the applicant shall pay a fee of Seventy-five Dollars ($75.00) for the certificate until August 31 of an odd-numbered year after the date of appointment. To be certified after August 31 of a year, the applicant must pay a fee of Seventy-five Dollars ($75.00) for certification for each subsequent two-year period.
SECTION 23. The following shall be codified as Section 63-13-145, Mississippi Code of 1972:
63-13-145. Each fee collected by the department under this article shall be deposited to the credit of the Department of Public Safety, Mississippi Highway Safety Patrol. Fees will be divided as follows: Commercial Motor Vehicle Inspection Program, thirty percent (30%); Mississippi Highway Safety Patrol Motor Carrier Division, thirty percent (30%); General Fund, forty percent (40%). Certification as inspector or inspection station fees will be collected and deposited to the credit of Mississippi Highway Safety Patrol Motor Carrier Division inspection program.
SECTION 24. The following shall be codified as Section 63-13-147, Mississippi Code of 1972:
63-13-147. (1) A person, including an inspector or an inspection station, commits an offense if the person:
(a) Issues an inspection certificate with knowledge that the issuance is in violation of this article or rules adopted under this article;
(b) Falsely or fraudulently represents to the owner or operator of a vehicle that equipment inspected or required to be inspected must be repaired, adjusted, or replaced for the vehicle to pass an inspection;
(c) Misrepresents:
(i) Material information in an application in violation of this article; or
(ii) Information filed with the department under this article or as required by department rule;
(d) Issues an inspection certificate:
(i) Without authorization to issue the certificate; or
(ii) Without inspecting the vehicle;
(e) Issues an inspection certificate for a vehicle with knowledge that the vehicle has not been repaired, adjusted, or corrected after an inspection has shown a repair, adjustment or correction to be necessary;
(f) Knowingly issues an inspection certificate;
for a vehicle without conducting an inspection of each item required to be inspected; or
(g) For a vehicle that is missing an item required to be inspected or that has an item required to be inspected that is not in compliance with the state law or department rules;
(i) Refuses to allow a vehicle's owner to have a qualified person of the owner's choice make a required repair, adjustment, or correction;
(ii) Charges for an inspection an amount greater than the authorized fee; or
(iii) Performs an act prohibited by or fails to perform an act required by this article or a rule adopted under this article.
(2) Unless otherwise specified in this article, an offense under this section is a misdemeanor.
(3) A designated representative of the department may issue a notice of an offense or a notice to appear to a person, including an inspector or inspection station, who violates this article or a rule adopted under this article.
SECTION 25. The following shall be codified as Section 63-13-149, Mississippi Code of 1972:
63-13-149. (1) A person commits an offense if the person:
(a) Displays or causes or permits to be displayed an inspection certificate or insurance document knowing that the certificate or document is counterfeit, tampered with, altered, fictitious, issued for another vehicle, or issued in violation of:
(i) This article, rules adopted under this article, or other law of this state; or
(ii) A law of another state, the United States , the United Mexican States, a state of the United Mexican States, Canada, or a province of Canada; or
(b) Transfers an inspection certificate from a windshield or location to another windshield or location.
(2) A person commits an offense if the person:
(a) Makes or possesses, with the intent to sell, circulate, or pass, a counterfeit inspection certificate or insurance document; or
(b) Possesses any part of a stamp, dye, plate, negative, machine or other device that is used or designated for use in making a counterfeit inspection certificate or insurance document.
(3) The owner of a vehicle commits an offense if the owner knowingly allows the vehicle to be registered or operated while the vehicle displays an inspection certificate in violation of subsection (2)(a) of this section.
(4) An offense under this section is a felony if the person acts with the intent to defraud or harm another person.
(5) In this section:
(a) "Counterfeit" means an imitation of a document that is printed, engraved, copied, photographed, forged or manufactured by a person not authorized to take that action under:
(i) This article, rules adopted under this article, or other law of this state; or
(ii) A law of another state, the United States, the United Mexican States, a State of the United Mexican States, Canada or a province of Canada.
(b) "Inspection certificate" means a document that is printed, manufactured, or made by the department or an authorized agent of the department for issuance after a vehicle passes an inspection performed under this article.
(c) "Insurance document" means a standard proof of motor vehicle insurance coverage that is:
(i) In a form prescribed by the Mississippi Department of Insurance or by a similarly authorized board, agency, or authority of another state; and
(ii) Issued by an insurer or insurer's agent who is authorized to write motor vehicle insurance coverage.
(d) "Person" includes an inspection station or inspector.
(5) Notwithstanding subsection (3) of this section, an offense under subsection (1)(a) of this section that involves a fictitious inspection certificate is a misdemeanor.
SECTION 26. The following shall be codified as Section 63-13-151, Mississippi Code of 1972:
63-13-151. (1) A person commits an offense if the person operates or moves a motor vehicle, trailer, semitrailer, pole trailer, straight truck, or mobile home, or a combination of those vehicles, that is:
(a) Equipped in violation of this article or a rule adopted under this article; or
(b) In a mechanical condition that endangers a person, including the operator or an occupant, or property.
(2) An offense under this section is a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00).
SECTION 27. Sections 1 through 26 of this act shall be codified as Article 3 of Title 63, Chapter 13, Mississippi Code of 1972. Sections 63-13-1 through 63-13-29, Mississippi Code of 1972, shall be reclassified as Article 1 of Title 63, Chapter 13, Mississippi Code of 1972.
SECTION 28. This act shall take effect and be in force from and after July 1, 2015.
