Bill Text: MS SB2868 | 2011 | Regular Session | Introduced
Bill Title: Highway Patrol; establish escort procedures and policy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2868 Detail]
Download: Mississippi-2011-SB2868-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Baria
Senate Bill 2868
AN ACT TO ESTABLISH AN ESCORT POLICY FOR THE MISSISSIPPI HIGHWAY PATROL; TO ESTABLISH CERTAIN REQUIREMENTS FOR ESCORTS; TO PROVIDE FOR LEAVE AND PAY OF THE OFFICERS PARTICIPATING IN AN ESCORT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Mississippi Highway Patrol may provide an escort for loads requiring an escort permit, for special events and athletic events. The requirement in this section shall apply to all escorts provided by the Mississippi Highway Patrol.
(2) If a permit load requires a highway patrol escort, the load shall not be allowed to move unless escorted by a trooper.
(3) If a load requires an escort permit, the following requirements must be met:
(a) The escorting officer shall verify the permit before the move is made.
(b) The mover shall contact the troop from where the move originates for assignment of an escorting officer.
(c) Troop commanders, or their designees, shall ensure that off-duty personnel are offered an opportunity to escort, which require highway patrol escorts. In using off-duty officers, troop commanders, or their designees, shall ensure that a rotation method of assignment is followed to ensure impartiality in assignments. This shall provide for participation by each interested commissioned officer and accurate record keeping.
(d) In the event an off-duty officer cannot be located to escort, an on-duty officer may be assigned, provided his absence will not jeopardize the fulfillment of the responsibilities of the shift. Should an on-duty officer be used to escort, he may, at his supervisor's discretion, do so in one (1) of two (2) ways:
(i) Take leave and complete the escort to its destination, using the off-duty detail fee to determine compensation.
(ii) Escort the load only as far as the troop line while on-duty and receive no personal compensation.
(e) Regardless of the option used, only one (1) vehicle use fee shall be collected for the total mileage of the escort. This fee shall be collected by the officer who completes the escort.
(f) All safety precautions, rules and regulations, as well as laws governing these movements, shall be followed.
(g) Only fully-marked law enforcement units shall be utilized for on- and off-duty escorts; however, a semi-marked unit may be used for on- and off-duty escorts/traffic details if it is equipped with a minimum of two (2) LED lenses mounted to the front dash area, 4 LED lenses mounted to the rear deck area, side mirror lenses mounted to the driver and passenger side mirrors, front and rear Emergency Traffic Mover.
(4) Officers providing escorts shall utilize the following procedures:
(a) On four-lane highways or highways with multiple lanes of travel in the same direction, the escort officer shall follow directly behind the escorted vehicle.
(b) On two-lane highways or highways with traffic in two (2) directions with no barrier between the lanes, the officer shall lead the escorted vehicle.
(c) Officers are permitted to block intersections or place their vehicles in alternate positions as required to meet a specific hazard or condition.
(d) Some cities require all permit loads or house moves traveling through or into their jurisdictions to obtain city permits and/or escorts.
(i) Carriers are responsible for obtaining the necessary permits and escort arrangements.
(ii) Officers shall hold movements at the point of entry of such cities until local authorities authorize or provide for its continuation.
(5) (a) Officers shall collect their escort fee and the vehicle use fee.
(b) Only company checks or money orders shall be accepted.
(c) Officers shall turn in all escort fee checks as soon as practicable to the troop.
(d) Officers shall enter hours worked on their time and attendance sheet.
(e) A vehicle use fee shall be determined by the number of chargeable miles.
(6) (a) All officers must receive department permission before participating in special event/extra duty details. Troop commanders shall ensure that personnel who are employed off-duty are selected from the off-duty rotation list. Troop commanders may, at their discretion, review and revoke an officer's participation in an escort detail.
(b) The employer shall be required to pay the off-duty officers at a per hour rate with a two-hour minimum.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
