MCA Chapter 7

MCA Chapter 7
in effect

Miss. Code Ann. § 63-7-1 Short title.

This chapter may be cited as the Uniform Highway Traffic Regulation Law – Equipment and Identification Regulations.

Miss. Code Ann. § 63-7-3 Construction.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Miss. Code Ann. § 63-7-5 Definitions.

For purposes of this chapter, the meanings ascribed to the words and phrases in Article 3 of Chapter 3, of this title shall be fully applicable to this chapter.

Miss. Code Ann. § 63-7-7 Operation of vehicle in violation of chapter.

It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.

Miss. Code Ann. § 63-7-9 Applicability of chapter.

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.

Miss. Code Ann. § 63-7-11 Requirements as to use of lights.

Every vehicle upon a highway within this state during the period from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of five hundred feet ahead shall be equipped with lighted front and rear lamps as respectively required in Section 63-7-13 for different classes of vehicles and subject to exemption with reference to lights on parked vehicles as hereinafter stated in this chapter.

Miss. Code Ann. § 63-7-13 Requirements as to lighting equipment.

Head lamps on motor vehicles.— Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in Section 63-7-31. Head lamps on motorcycles.— Every motorcycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations set forth in Section 63-7-31. Rear lamps.— Every motor vehicle, trailer, semitrailer, pole trailer and any other vehicle which is being drawn in a train of vehicles shall be equipped with at least one (1) rear lamp mounted on the rear, which, when lighted, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear. However, any antique automobile, as defined under Section 27-19-47, and any street rod, as defined under Section 27-19-56.6, may be equipped with one or more rear lamps that have been modified to emit a blue, violet or purple light resembling rear lamps appearing on some American automobiles originally manufactured in the 1940s and 1950s. Either a rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly readable from a distance of fifty (50) feet to the rear. Any rear lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps, cowl lamps or fender lamps are lighted. Lamps on bicycles.— Every bicycle shall be equipped with a lighted white lamp on the front thereof visible under normal atmospheric conditions from a distance of at least five hundred (500) feet in front of such bicycle and shall also be equipped with a reflex mirror reflector or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least five hundred (500) feet to the rear of such bicycle. Lights on other vehicles.— All vehicles not required in this chapter to be equipped with special lighted lamps shall carry one or more lights, lamps or lanterns displaying a white light, visible under normal atmospheric conditions from a distance of not less than five hundred (500) feet to the front of such vehicle and shall display a reflex reflector or red light visible under like conditions from a distance of not less than three hundred (300) feet to the rear of such vehicle.

Miss. Code Ann. § 63-7-15 Additional lighting requirements for certain vehicles.

Every bus or truck.— On every bus or truck, whatever its size, there shall be at least the following lighting devices and reflectors:-On the front, two head lamps, one at each side. On the rear, one red tail lamp; one red or amber stop light; two red reflectors, one at each side. Every bus or truck eighty inches or more in width.— On every bus or truck eighty inches or more in overall width there shall be at least the following lighting devices and reflectors: On the front, two head lamps, one at each side; two amber clearance lamps, one at each side. On the rear, one red tail lamp; one red or amber stop light; two red clearance lamps, one at each side; two red reflectors, one at each side. On each side, one amber side-marked lamp, located at or near the front; one red side-marker lamp, located at or near the rear; one amber reflector, located at or near the front; one red reflector, located at or near the rear. Every truck tractor.— On every truck tractor there shall be at least the following lighting devices and reflectors. On the front, two head lamps, one at each side; two amber clearance lamps, one at each side. On the rear, one red tail lamp; one red or amber stop light. Every semi-trailer or trailer in excess of three thousand (3,000) pounds gross weight.— On every semi-trailer or full trailer having a gross weight in excess of three thousand (3,000) pounds, there shall be at least the following lighting devices and reflectors: On the front, two amber clearance lamps, one at each side. On the rear, one red tail lamp; one red or amber stop light; two red clearance lamps, one at each side; two red reflectors, one at each side. On each side, one amber side-marker lamp, located at or near the front; one red side-marker lamp, located at or near the rear; one amber reflector, located at or near the front; one red reflector, located at or near the rear. Every semi-trailer or trailer weighing three thousand (3,000) pounds gross or less.— On every semi-trailer or full trailer having a gross weight of three thousand (3,000) pounds or less, there shall be at least the following lighting devices and reflectors: On the front, no requirement. On the rear, one red tail lamp; two red reflectors, one at each side; one red or amber stop light if the semi-trailer or full trailer obscures the stop light on the towing vehicle. Every pole-trailer.— On every pole-trailer there shall be at least the following lighting devices and reflectors: On the front, no requirement. On the rear, one red tail lamp; two red reflectors, one at each side, placed to indicate extreme width of the pole-trailer or its load, whichever is wider. (A red lantern or flag on the end of a projecting load shall be required as provided in Section 63-7-47.) On each side, on the rearmost support for the load, one combination marker lamp showing amber to the front and red to the side and rear, mounted to indicate maximum width of the pole-trailer or load; one red reflector, located at or near the rear.

Miss. Code Ann. § 63-7-17 Use of spot lamps, auxiliary driving lamps, and signal lamps.

Spot lamps.— Any motor vehicle or motorcycle may be equipped with not to exceed one (1) spot lamp. Every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the beam will be directed into the eyes of the approaching driver. Spot lamps may not emit other than either a white or amber light. Auxiliary driving lamps.— Any motor vehicle may be equipped with not to exceed two (2) auxiliary driving lamps mounted on the front at a height not less than twelve (12) nor more than forty-two (42) inches above the level surface of which the vehicle stands. Every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in subsection (3) of this section. Signal lamps.— Whenever a motor vehicle is equipped with a signal lamp to comply with the provisions of Section 63-3-709, the signal lamp shall be so constructed and located on the vehicle as to give a signal which shall be plainly visible in normal sunlight from a distance of one hundred (100) feet to the rear of the vehicle but shall not project a glaring or dazzling light.

Miss. Code Ann. § 63-7-19 Lights on police and emergency vehicles; lights on rural mail carrier vehicles; lights on sanitation vehicles; lights on military funeral procession escort vehicles; when lights authorized by this section must be used.

Except as otherwise provided for unmarked vehicles under Section 19-25-15 and Section 25-1-87, every police vehicle shall be marked with blue lights. Every ambulance and special use EMS vehicle as defined in Section 41-59-3 shall be marked with red lights front and back and also may be marked with white and amber lights in addition to red lights. Every emergency management/civil defense vehicle, including emergency response vehicles of the Department of Environmental Quality, shall be marked with blinking, rotating or oscillating red lights. Official vehicles of a 911 Emergency Communications District may be marked with red and white lights. Every wrecker or other vehicle used for emergency work, except vehicles authorized to use blue or red lights, shall be marked with blinking, oscillating or rotating amber-colored lights to warn other vehicles to yield the right-of-way, as provided in Section 63-3-809. Only police vehicles used for emergency work may be marked with blinking, oscillating or rotating blue lights to warn other vehicles to yield the right-of-way. Only law enforcement vehicles, fire vehicles, private or department-owned vehicles used by firemen of volunteer fire departments which receive funds pursuant to Section 83-1-39 when responding to calls, emergency management/civil defense vehicles, emergency response vehicles of the Department of Environmental Quality, ambulances used for emergency work, and 911 Emergency Communications District vehicles may be marked with blinking, oscillating or rotating red lights to warn other vehicles to yield the right-of-way. This section shall not apply to school buses carrying lighting devices in accordance with Section 63-7-23. Emergency response vehicles listed in this subsection (1) are also authorized to use alternating flashing headlights when responding to any emergency. Any vehicle operated by a United States rural mail carrier for the purpose of delivering United States mail may be marked with two (2) amber-colored lights on front top of the vehicle and two (2) red-colored lights on rear top of the vehicle and alternatively or additionally may be marked with a white, flashing strobe light on the roof of the vehicle so as to warn approaching travelers to decrease their speed because of danger of colliding with the mail carrier as he stops and starts along the edge of the road, street or highway. Any sanitation vehicle operated by a county, municipality or other political subdivision of this state or by a contractor under contract with a county, municipality or other political subdivision of this state to collect solid waste, refuse or recyclable material may be marked with flashing or oscillating white- or amber-colored lights so as to warn approaching travelers to decrease speed because of the danger of colliding with the sanitation collection vehicle as it stops and starts along the road, street or highway. Any nonlaw enforcement vehicle being used to lead and facilitate the movement of a military funeral procession may be marked with blinking, rotating or oscillating purple lights. “Military funeral procession” means two (2) or more vehicles accompanying the body of a deceased member of the United States Armed Forces, or traveling to the church, chapel or other location at which the funeral service or entombment is to be held. Any operator of an emergency vehicle authorized to be marked with blinking, rotating or oscillating lights in accordance with this section, shall use blinking, rotating or oscillating lights when operating the emergency vehicle at a speed in excess of thirty (30) miles per hour over the posted speed limit.

Miss. Code Ann. § 63-7-20 Use of blue and red lights and alternating flashing headlights.

It is unlawful for any person, other than a law enforcement officer on duty, to use or display blue lights on a motor vehicle as provided for in Section 63-7-19. It is unlawful for any person to use or display red lights on a motor vehicle except as provided for in Section 63-7-19. It is not unlawful for the red lights authorized for private or department-owned vehicles used by firemen of volunteer fire departments, as provided in Section 63-7-19, to remain mounted on such vehicles when the lights are not in use. It is unlawful for any vehicle to use alternating flashing headlights except an emergency vehicle as provided in Section 63-7-19. A person violating this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).

Miss. Code Ann. § 63-7-21 Mounting of electric lamps, clearance lamps, and side-marker lamps.

Where electric lamps are used to meet the requirements of Section 63-7-11, they shall be securely and permanently affixed to the permanent structure of the motor vehicle, except for the combination marker lamps on pole-trailers prescribed in subsection (6) of Section 63-7-15. Required clearance lamps shall be mounted in such a manner as to indicate the extreme width of the motor vehicle and as near the top thereof as practicable. Side-marker lamps may be in combination with clearance lamps and may use the same light source.

Miss. Code Ann. § 63-7-23 Color of lighting devices.

The color of lighting devices shall be as follows: All front clearance lamps, and all side marker lamps, except the one on each side at or near the rear of any bus, truck, truck tractor, semitrailer, full trailer or pole trailer, shall when lighted display an amber color. No red lighting device of any character shall be mounted at any place other than on or near the rear of any bus, truck, truck tractor, semitrailer, full trailer or pole trailer. However, school buses owned by or under contract with a school district of this state may have affixed at or near the front end thereof red lighting devices that may be caused to blink when the school bus is stopped or in the process of stopping for the purpose of loading or unloading school children. A school bus also may be equipped with a white, flashing strobe light on the roof of the vehicle installed according to standards promulgated by the Mississippi Department of Education as authorized under Section 37-41-1(c). All rear clearance lamps, the side marker lamps on each side at or near the rear, and any other lamps mounted on the rear, on any bus, truck, truck tractor, semitrailer, full trailer or pole trailer shall when lighted display a red color. However, the stoplight or other warning device on the rear of any motor vehicle may be red or amber. Backing lights of any color may be mounted on the rear of any motor vehicle if the switch controlling such lights be so arranged that they may be turned on only when the vehicle is in reverse gear. Such backing lights when unlighted shall be so colored or otherwise arranged as not to reflect objectionable glare in the eyes of drivers of vehicles approaching from the rear. Auxiliary white lights mounted on or near the rear of a motor vehicle, or visible from the rear of the vehicle, shall not be prohibited under the provisions of this section if (a) the vehicle’s gross weight is less than twelve thousand one (12,001) pounds, and (b) the lights are designed by the motor vehicle manufacturer or an after-market parts manufacturer so that they may only be illuminated whenever the vehicle is not in motion and the transmission of the vehicle is not capable of transmitting power to the wheels. No provision of this section shall be so construed as to prohibit the use of any white light or lights for the purpose of illuminating license plates. Any lamps illuminated when the vehicle is in motion, other than those expressly required or permitted by the provisions of this chapter or other law, shall, if visible from the front, display only a white or amber light; if visible from either side, display an amber light; and if visible from the rear, display a red light.

Miss. Code Ann. § 63-7-25 Visibility of clearance, side-marker, and tail lamps.

Clearance, side-marker, and tail lamps shall, when lighted, be capable of being seen at a distance of five hundred feet under normal atmospheric conditions during the time when lights are required. The light from front clearance lamps shall be visible to the front, from side-marker lamps to the side, and from rear clearance and tail lamps to the rear, of the motor vehicle.

Miss. Code Ann. § 63-7-27 Performance and visibility of stop lights; incorporation with tail lamps.

Stop lights shall be actuated upon application of the service (foot) brake and shall be capable of being seen and distinguished from a distance of one hundred feet to the rear of the vehicle in normal daylight. Stop lights shall not project a glaring or dazzling light. A stop light may be incorporated with a tail lamp.

Miss. Code Ann. § 63-7-29 Mounting, visibility and color of reflectors; incorporation with tail lamps.

Mounting of reflectors.— No reflector required by the provisions of this chapter shall be mounted upon the motor vehicle at a height to exceed sixty inches, nor less than twenty-four inches, above the ground on which the motor vehicle stands. Visibility of reflectors.— Every reflector shall be of such size and characteristics as to be readily visible at night from all distances within five hundred feet to fifty feet from the motor vehicle when directly in front of a normal headlight beam. Rear reflectors incorporated with tail lamps.— One or both of the required rear red reflectors may be incorporated within the tail lamp or tail lamps; any such tail lamps shall be located within the height limits specified for reflectors. Whether or not the rear reflectors are incorporated in tail lamps, they shall be located on the rear of the motor vehicle at opposite sides and shall also meet the requirements as to visibility set forth in this section. Color of reflectors.— All reflectors mounted on any bus, truck, truck tractor, semi-trailer, full trailer, or pole-trailer, shall reflect an amber color, except those placed on the rear and on the sides nearest to the rear thereof, which shall reflect a red color. Any reflectors on a vehicle, other than those expressly required or permitted by the provisions of this chapter, shall, if visible from the front, reflect a white or amber light, if visible from either side, reflect an amber light, and if visible from the rear, reflect a red light.

Miss. Code Ann. § 63-7-31 Multiple-beam road-lighting equipment; distributions of light; beam indicator.

Except as hereinafter provided in this chapter, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combinations thereof on motor vehicles other than a motorcycle or motor-driven cycle shall be so arranged that the driver may control the selection between distributions of light projected to different elevations, subject to the following requirements and limitations: There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading. There shall be lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver. Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state after January 1, 1954, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

Miss. Code Ann. § 63-7-33 Multiple-beam road-lighting equipment; control by operator.

Whenever a motor vehicle is being operated on a highway or shoulder adjacent thereto during the times specified by law, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the requirement that whenever the driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver.

Miss. Code Ann. § 63-7-35 Single-beam road-lighting equipment.

Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to April 10, 1948 in lieu of multiple-beam road-lighting equipment specified in Section 63-7-31 if the single distribution of light complies with the following requirements and limitations: The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet.

Miss. Code Ann. § 63-7-37 Applicability of Sections 63-7-31 through 63-7-35.

The provisions of Sections 63-7-31 through 63-7-35, relative to lighting equipment, shall take effect and be operative with respect to equipment installed in motor vehicles after April 10, 1948 and with respect to the equipment on other motor vehicles, the provisions of Laws, 1938, ch. 200, shall govern unless new equipment is installed therein, in which event such new equipment shall be governed by the provisions of said sections.

Miss. Code Ann. § 63-7-39 Display of lights on parked vehicles.

Whenever a vehicle is parked or stopped upon a highway whether attended or unattended during the times mentioned in Section 63-7-11, there shall be displayed upon the left side of such vehicle one or more lamps projecting a white or amber light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle and one or more lamps projecting a red light visible under like conditions from a distance of five hundred feet to the rear. However, local authorities may provide by ordinance that no lights used be displayed upon any such vehicle when parked in accordance with local ordinances upon a highway where there is sufficient light to reveal any person within a distance of five hundred feet upon such highway.

Miss. Code Ann. § 63-7-41 Sale, use, etc., of lamps modifying original design or performance of vehicle.

No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer or semitrailer or use upon any such vehicle any head lamp, auxiliary driving lamp, rear lamp, signal lamp or reflector which reflector is required hereunder, or parts of any of the foregoing, which tend to change the original design or performance, unless of a type which has been submitted to the department of public safety and approved by it. No person shall have for sale, sell or offer for sale for use upon or as part of the equipment of a motor vehicle, trailer or semitrailer any lamp or device mentioned in this section which has been approved by the department unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed. No person shall use upon any motor vehicle, trailer or semitrailer any lamps mentioned in this section unless said lamps are mounted, adjusted and aimed in accordance with instructions of the department.

Miss. Code Ann. § 63-7-43 Authority of department as to lighting devices.

The department is hereby authorized to approve or disapprove lighting devices and to issue and enforce regulations establishing standards and specifications for the approval of such lighting devices, their installation, aiming, and readjustment. Such regulations shall correlate with and, so far as practicable, conform to the then current standards and specifications of the Society of Automotive Engineers applicable to such equipment. The department is hereby required to approve or disapprove any lighting device, of a type on which approval is specifically required in this chapter within a reasonable time after such device has been submitted. The department is further authorized to set up the procedure which shall be followed when any lighting device is submitted for approval. The department upon approving any lighting device shall issue to the applicant a certificate of approval together with any instructions determined by it. The department shall publish lists of all lighting devices by name and type which have been approved by it.

Miss. Code Ann. § 63-7-45 Revocation or suspension of approval of lighting device.

When the department has reason to believe that an approved lighting device as being sold commercially does not comply with the requirements of this chapter, it may, after giving thirty days’ previous notice to the person holding the certificate of approval for such device in this state, conduct a hearing upon the question of compliance of said approved device. After said hearing the department shall determine whether said approved device meets the requirements of this chapter. If said device does not meet such requirements, it shall give notice to the person holding the certificate of approval for such device in this state. If after the expiration of ninety days after such notice the person holding the certificate of approval for such device has failed to satisfy the department that said approved device as thereafter to be sold meets the requirements of this chapter, the department shall suspend or revoke the approval issued therefor until or unless such device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this chapter. The department may require that all said devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this chapter. The department may at the time of the retest purchase in the open market and submit to the testing agency one or more sets of such approved devices, and if such device upon such retest fails to meet the requirements of this chapter, the department may refuse to renew the certificate of approval of such device.

Miss. Code Ann. § 63-7-47 Display of flag on projecting load; display of rotating or oscillating amber strobe-type lamp or light-emitting diode light on projecting load during certain hours of the day.

Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the rear or body of such vehicle, there shall be displayed at the extreme rear end of the load a red flag or cloth not less than sixteen (16) inches square. From one-half (1/2) hour before sunset to one-half (1/2) hour after sunrise, any vehicle transporting a load of timber products that extends more than four (4) feet beyond the bed or trailer of that vehicle, shall have affixed as close as practical to the end of the load a rotating or oscillating amber strobe-type lamp or light-emitting diode light.

Miss. Code Ann. § 63-7-49 Electrical connections between towing and towed vehicles.

Means for establishing electric connection between towing and towed vehicles, and other detachable electric connections, shall be mechanically and electrically adequate, and free of short or open circuits. Suitable provision shall be made in every detachable connection to afford reasonable assurance against accidental disconnection. Precaution shall be taken to provide sufficient slack in the connecting wire or cable without twisting or kinking thereof.

Miss. Code Ann. § 63-7-51 General vehicle brake equipment requirements.

Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot. Every trailer carrying over one ton, when operated upon a highway, shall be equipped with brakes adequate to control the movement thereof and to stop and to hold such vehicle, and so designed to be applied by the driver of the towing motor vehicle from its cab; said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied. Every new motor vehicle, except a motorcycle, hereafter sold in this state and operated upon the highways, and every new trailer, except a trailer of two axles of less than 2,000 pounds gross towed by an automobile, hereafter sold in this state and operated upon the highways, shall be equipped with service brakes upon all wheels of every such vehicle.

Miss. Code Ann. § 63-7-53 Stopping ability of brakes; maintenance and adjustment of brakes.

The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle or vehicles when traveling twenty miles per hour within a distance of thirty feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one per cent. Under the above conditions the hand brake shall be adequate to stop such vehicle or vehicles within a distance of fifty-five feet and said hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which operated. Under the above conditions, the service brakes upon a motor vehicle equipped with two-wheel brakes only, and when permitted under Section 63-7-51, shall be adequate to stop the vehicle within a distance of forty feet and the hand brake adequate to stop the vehicle within a distance of fifty-five feet. All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under law. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Miss. Code Ann. § 63-7-55 Mufflers.

Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

Miss. Code Ann. § 63-7-57 Mirrors.

Every motor vehicle which is so constructed or loaded as to obstruct the driver’s view to the rear thereof from the driver’s position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle.

Miss. Code Ann. § 63-7-59 Windows and window glass generally; windshield wipers; tinted or darkened windows prohibited unless certified; additional fee for inspection stations conducting tests of light transmittance of motor vehicle windows; exceptions; penalties; public awareness program.

No person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any sign or poster, or with any glazing material which causes a mirrored effect, upon the front windshield, side wings or side or rear windows of the vehicle, other than a certificate or other paper required or authorized to be so displayed by law. No person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any tinted film, glazing material or darkening material of any kind on the windshield of a motor vehicle except material designed to replace or provide a sun shield in the uppermost area as authorized to be installed by manufacturers of vehicles under federal law. From and after July 1, 2006, no person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any window tinted or darkened, by tinted film or otherwise, unless: The windshield of the vehicle has affixed to it a label as provided under subsection (6) of this section certifying that all the windows of the vehicle have a light transmittance of twenty-eight percent (28%) or more; or The owner or operator of the vehicle has a certificate of medical exemption issued under subsection (4) of this section. The prohibitions of subsection (2) of this section shall not apply to: School buses, other buses used for public transportation, any bus or van owned or leased by a nonprofit organization duly incorporated under the laws of this state or any funeral home services vehicle, any limousine owned or leased by a private or public entity, or any government-owned law enforcement or fire department vehicle or any volunteer fire department vehicle; Any window behind the front two (2) side windows, including the rear window, of any pickup truck, van, motor home, recreational vehicle, sport utility vehicle or multipurpose vehicle that has been tinted or darkened after factory delivery to the extent that the light transmittance of the window meets the minimum light transmittance requirements authorized to be installed for that window and for that vehicle under federal law or regulations before factory delivery; or Any other motor vehicle the windows of which have been tinted or darkened before factory delivery as permitted by federal law or federal regulations. Notwithstanding the provisions of subsection (2) of this section, it shall be lawful for any person who has been diagnosed by a physician licensed to practice medicine in the State of Mississippi as having a physical condition or disease that is seriously aggravated by minimum exposure to sunlight to place or have placed upon the windshield or windows of any motor vehicle which he owns or operates or within which he regularly travels as a passenger tinted film or other darkening material that would otherwise be in violation of this section. However, any vehicle, in order to be exempt under this subsection (4), shall have prominently displayed on the vehicle dashboard a certificate of medical exemption on a form prepared by the Commissioner of Public Safety and signed by the person on whose behalf the certificate is issued. The special certificate authorized by this subsection (4) shall be issued free of charge to the applicants through the offices of the tax collectors of the counties. Each applicant shall present to the issuing official: An affidavit signed personally by the applicant and signed and attested by a physician which states the applicant’s physical condition or disease which entitles him to an exemption under this subsection (4); and Proof of ownership of the motor vehicle by the applicant, or a signed affidavit by the owner of a motor vehicle operated for the use of the applicant, for which he is obtaining the certificate. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. The Department of Public Safety shall issue labels to official tint inspection stations for affixing to the windshield of every motor vehicle required to be inspected in this state with a window therein which has been tinted or darkened with any tinted film or other darkening material after factory delivery. The label shall be affixed to the lower left corner of the windshield, shall be legible from outside the vehicle, and shall indicate the label registration number, a certification of compliance with Mississippi law, and such other information as the Commissioner of Public Safety deems appropriate. The labels shall be of a type which is pressure-sensitive, self-destructive upon removal, and no larger than one (1) inch square in size. Before affixing the label, the inspection station shall conduct a test to determine that the window complies with the light transmittance requirements prescribed under subsection (2) of this section. The test shall be conducted using such methods or devices as may be approved and certified not less often than annually by the Department of Public Safety. For conducting such tests, tint inspection stations shall charge and collect a fee of Five Dollars ($5.00). Two Dollars ($2.00) of the fee shall be retained by the inspection station, and Three Dollars ($3.00) of the fee shall be remitted to the Department of Public Safety and may be expended, upon legislative appropriation, for the operational expenses of the department. No fee shall be charged unless a test is actually performed under this subsection (6). The presence of a label upon the windshield of a motor vehicle shall indicate that the person who affixed the label certifies that the windows of the vehicle meet the restrictions of subsection (2) of this section as to light transmittance. No person shall install any tinted film, darkening material, glazing material or any other material upon the windshield or any window of a motor vehicle which, after the installation thereof, would result in such vehicle being in violation of subsection (2) of this section. No label shall be issued for a vehicle on which the windshield or any window of the vehicle has been darkened by the installation of tinted film or by other means, except as authorized under this section. It shall be unlawful for any person to alter or reproduce any label or certificate of medical exemption approved by the Commissioner of Public Safety under this section for the purpose of misleading law enforcement officers or motor vehicle inspection stations, or to knowingly use any approved label or certificate except as authorized by this section. Any person violating subsection (7), (8) or (9) of this section, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisonment in the county jail for not more than three (3) months, or by both such fine and imprisonment. Any violation of this section other than a violation of subsection (7), (8) or (9) of this section shall be punishable upon conviction as provided in Section 63-7-7. Violations of this section shall be enforced only by law enforcement officers of the Mississippi Department of Public Safety and municipal law enforcement officers of municipalities having a population of two thousand (2,000) or more on the public roads, streets and highways under their jurisdiction. The Department of Public Safety shall initiate a public awareness program designed to inform and educate persons of the provisions of this section. Funds for such public awareness program shall be available through the office of the Governor’s representative for highway safety programs.

Miss. Code Ann. § 63-7-60 Annual permits to official tint inspection stations for inspection of windshields and issuance of labels as required by Section 63-7-59.

The Commissioner of Public Safety shall annually issue permits for and furnish instructions and all necessary forms to official tint inspection stations for the inspection of windshields and issuance of any label as required by Section 63-7-59. Application for a permit to operate an official tint inspection station shall be made on an official form and shall be granted only when the Commissioner of Public Safety is satisfied that the station is properly equipped and has competent personnel to make the inspection required by Section 63-7-59 and that the inspections will be properly conducted. A fee of Ten Dollars ($10.00) shall be charged any person or facility seeking a permit as an official tint inspection station, or a renewal thereof, for the purpose of defraying the cost of administering the processing of the application. The Commissioner of Public Safety shall properly supervise and cause inspections to be made of official tint stations and may, after reasonable notice, suspend or revoke and require the surrender of the permit issued to a station which he finds is not properly equipped or conducted. The Commissioner of Public Safety shall maintain and post at the Office of the Department of Public Safety lists of all stations holding permits and of those whose permits have been suspended or revoked. The Commissioner of Public Safety is authorized to make necessary rules and regulations for the administration and enforcement of this section and Section 63-7-59, including a reasonable provision for the bonding of official tint inspection stations.

Miss. Code Ann. § 63-7-61 Safety glass.

No person shall sell any new motor vehicle nor shall any new motor vehicle be registered unless such motor vehicle is equipped with safety glass throughout. No person shall replace any glass in any motor vehicle except with safety glass, provided same can be easily or readily obtained. The term “safety glass” shall mean any product composed of glass, so manufactured, fabricated, or treated as substantially to prevent shattering and flying of the glass when struck or broken or such other or similar product as may be approved by the department. The department shall compile and publish a list of types of glass by name approved by it as meeting the requirements of this section. The State Tax Commission and county tax collectors shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glass, and the State Tax Commission shall suspend the registration of any motor vehicle so subject to this section which it finds is not so equipped until it is made to conform to the requirements of this section.

Miss. Code Ann. § 63-7-62 Unlawful installation of an object in lieu of an airbag.

Any person who knowingly installs or reinstalls any object in lieu of an airbag that was designed in accordance with federal safety regulations for the make, model and year of vehicle, as a part of a vehicle inflatable restraint system, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or both.

Miss. Code Ann. § 63-7-63 Safety belts.

It shall be unlawful for any person to buy, sell, lease, trade or transfer from or to Mississippi residents, at retail, an automobile which is manufactured or assembled commencing with the 1963 models, unless such automobile is equipped with safety belts installed for use in the left front and right front seats thereof. The violation of the provisions of this section shall be a misdemeanor and, upon conviction, the violator shall be fined not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00), for each offense. All such safety belts shall be of such type and be installed in a manner approved by the department of public safety of the State of Mississippi. The department shall establish specifications and requirements of approved types of safety belts and attachments. The department will accept, as approved, all seat belt installations and the belt and anchor meeting the specifications of the Society of Automotive Engineers.

Miss. Code Ann. § 63-7-64 Motorcycle or motor scooter crash helmets.

No person shall operate or ride upon any motorcycle or motor scooter upon the public roads or highways of this state unless such person is wearing on his or her head a crash helmet that complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to federal Motor Vehicle Safety Standard No. 218 (49 CFR 571.218). Violation of this section shall be deemed a violation of the traffic regulations and rules of the road and punishable as provided by Section 63-9-11. This section shall not apply to a person operating an autocycle as defined in Section 63-3-103 or persons riding any motorcycle or motor scooter in a parade, at a speed not to exceed thirty (30) miles per hour, if the person is eighteen (18) years of age or older.

Miss. Code Ann. § 63-7-65 Horns and other warning devices.

Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet. The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn upon a highway. No horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the department. No such siren shall be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound such siren when necessary to warn pedestrians and other drivers of the approach thereof. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section. No bicycle shall be equipped with nor shall any person use upon a bicycle any siren or whistle. Any vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

Miss. Code Ann. § 63-7-67 Tires.

Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one (1) inch thick above the edge of the flange of the entire periphery. No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway. No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire. However, it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. The Mississippi Department of Transportation and local authorities in their respective jurisdictions may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this title.

Miss. Code Ann. § 63-7-69 Warning and safety appliances for trucks and buses; requirement; standards.

No person shall operate any truck or bus on any highway outside the limits of any municipality or residential section adjacent thereto between the hours of one half hour after sunset and one half hour before sunrise unless there be carried in such vehicle, ready for use, certain warning and safety appliances such as flares, fusees, flags, reflectors, fire extinguishers, and the like. The nature of such appliances, methods of their use, and standards of their quality, shall be prescribed by the department with the condition that no appliance shall be prescribed whose quality is below the standards as follows: for fire extinguishers and flares, the standards adopted by the Interstate Commerce Commission; for fusees, the standards adopted by the Bureau of Explosives; for lights and reflectors, the standards adopted by the Society of Automotive Engineers or the Illuminating Engineers Society; and for any other appliance, the standards adopted by a recognized research body in its respective line. The commissioner shall approve any of the appliances mentioned herein when such appliance has been approved by or meets the minimum standards adopted by either the Interstate Commerce Commission, the Bureau of Explosives, the Society of Automotive Engineers, the Illuminating Engineers Society, or any other recognized research body in its respective line, as the case may be.

Miss. Code Ann. § 63-7-71 Warning and safety appliances for trucks and buses; display.

Whenever any motor truck or bus is stopped upon the highway except for the purpose of picking up or discharging passengers, or its lighting equipment is disabled during the period when lighted lamps must be displayed on vehicles and such motor truck or bus cannot immediately be removed from the main traveled portion of a highway outside of a business or residence district, the driver or other person in charge of such vehicle shall cause such flares, fusees, reflectors, or other signals to be lighted or otherwise placed in an operating condition and placed upon the highway, one at a distance of approximately one hundred feet to the rear of the vehicle, one approximately one hundred feet in advance of the vehicle and the third upon the roadway side of the vehicle. However, if the vehicle is transporting inflammables, no flares (pot torches) fusees, oil lanterns, or any signal produced by a flame, may be used, and in lieu of such signals, either (a) three red electric lanterns or flares and three red cloth flags, or (b) three emergency reflectors and three red cloth flags shall be used. Whenever any motor truck or bus is stopped upon the highway except for the purpose of picking up or discharging passengers between the hours of one half hour before sunrise and one half hour after sunset, the driver or person in charge of such vehicle shall place upon the highway in a standing position red flags, one at a distance not less than one hundred feet to the rear of the vehicle and one not less than one hundred feet in advance of the vehicle and the third upon the roadway side of the vehicle. No person shall at any time operate a motor truck transporting explosives as a cargo or part of a cargo upon the highway unless it carries (a) electric lanterns or flares and red cloth flags or (b) red emergency reflectors and red cloth flags as required in Section 63-7-69. Such electric flares, electric lanterns and emergency reflectors must be capable of producing a red light or red reflection and shall be displayed upon the roadway when and as required in this section.

Miss. Code Ann. § 63-7-73 Protectors or flaps for rear wheels.

No person shall drive or operate or cause to be driven or operated, upon the public highways, streets, bridges and culverts within the State of Mississippi, or any subdivision thereof, any car, truck, truck-tractor, trailer or semi-trailer or bus used for the transportation of property or persons the gross weight of which, including load, exceeds ten tons unless such motor vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rear-most wheels of such vehicle or combination of vehicles, so as to prevent as far as possible such wheels from throwing dirt, water and other materials on the windshields of following motor vehicles. However, pole trailers, dump trucks, and all trucks carrying an “F” license tag shall be exempt from the provisions of this section. Such protectors or flaps shall be constructed of substantial and suitable materials approved by the commissioner of public safety and shall have a ground clearance of not more than one-fifth of the distance from the center of the rear-most axle to the center of the flaps under any conditions of loading operation of the motor vehicle. They shall be at least as wide as the tires they are protecting. However, if the motor vehicle is so designed and constructed that the purposes of this section cannot be met, then, in the discretion of the commissioner of public safety, no such protectors or flaps shall be required. If the said rear-most wheels are not adequately covered at the top by fenders, body or other parts of the vehicle, the said protectors or flaps shall be extended to a point directly above the rear-most axle. Lamps or wiring shall not be attached to protectors or flaps, and any reflectors or reflectorized material attached to or made a part of the protectors or flaps shall be in addition to the reflectors required by law on the vehicle. The commissioner of public safety is hereby charged with the duty of administering the provisions of this section. Any person convicted for a violation of any of the provisions of this section shall for the first violation thereof be punished by a fine of not more than twenty-five dollars ($25.00) or by imprisonment for not more than ten (10) days; for a second conviction such person shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than twenty (20) days.

Miss. Code Ann. § 63-7-75 Speedometers.

All motor vehicles operating on the public highways of this state, carrying passengers for hire, shall be equipped at all times with a speedometer, in good workable condition, reflecting the correct speed, with a dial sufficiently large to be read by the passengers on the said motor vehicle.

Miss. Code Ann. § 63-7-77 Vehicles transporting explosives.

Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section. Said vehicle shall be marked or placarded on each side and the rear with the word “explosives” in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word “danger” in white letters six inches high. Every said vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. The commissioner is hereby authorized and directed to promulgate such additional regulations governing the transportation of explosives and other dangerous articles by vehicles upon the highways as he shall deem advisable for the protection of the public.

Miss. Code Ann. § 63-7-79 Color of used school buses operated on highways for other than school purposes.

Any person who owns or operates a used school bus for the purpose of transportation or use of any kind on the public roads and highways of the State of Mississippi, other than for school purposes, shall change the color of such bus from the regular school bus color of yellow or national school bus chrome to a color in contrast to this color before such bus can be used or operated on the highways or public roads in Mississippi. The vendor or owner of any school bus shall inform the purchaser in writing at or prior to the time of the sale of any bus not to be used for school purposes as to the requirements of this section. Any person who shall violate the provisions of this section shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).

Miss. Code Ann. § 63-7-81 Effect of chapter on right to recover damages in civil actions.

Nothing in this chapter shall be so construed as to curtail or abridge the right of any person to prosecute a civil suit for damages by reason of injuries to person or property resulting from the negligent use of the highways by any motor vehicle, or its owner, or his employee or agent.

Miss. Code Ann. § 63-7-83 Covering of open top vehicles carrying sand, dirt, gravel or rock.

Every truck, trailer or other carrier with an open top, while traveling upon any state, United States or interstate highway in the State of Mississippi and while carrying any load of sand, dirt, gravel or rock shall be equipped with a tarpaulin, canvas or other such top and same to be secured over the top of any load of sand, dirt, gravel, or rock.

Miss. Code Ann. § 63-7-85 Use of sideboards on open top vehicles carrying sand, dirt, gravel or rock.

In lieu of the tarpaulin provided in Section 63-7-83, a truck, trailer or other carrier with an open top while traveling upon any state, United States or interstate highway in the State of Mississippi and while carrying any load of sand, dirt, gravel or rock shall be in full compliance with Sections 63-7-83 through 63-7-89 provided same is not loaded within six (6) inches of the top of the bed or is equipped with four (4) six-inch (6") sideboards, which sideboards shall be attached one (1) each to the front, back and two (2) sides of the carrier body, and shall remain lowered while the body is being loaded, provided that no part of the load shall extend above the body of the carrier. After loading, the sideboards shall be raised and secured to remain raised during travel, and the space between the top of the sideboards and the top of the load making contact with the sideboards shall not be less than six (6) inches.

Miss. Code Ann. § 63-7-87 Enforcement of §§ 63-7-83 and 63-7-85.

The State Tax Commission, Mississippi Highway Patrol and other law enforcement agencies are hereby charged with enforcement of Sections 63-7-83 through 63-7-89.

Miss. Code Ann. § 63-7-89 Penalties for violations of §§ 63-7-83 and 67-3-85.

Any person, firm or corporation operating a truck, trailer or other carrier on any state, United States or interstate highway not properly covered as set forth in Section 63-7-83 or without sideboards as set forth in Section 63-7-85 or in violation of any of the other provisions of said Section 63-7-85 shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each separate and distinct violation.

Miss. Code Ann. § 63-7-91 Slow-moving vehicle safety emblem; requirement.

When any vehicle, whether pulled, towed, self-propelled or animal-drawn, which is not under ordinary circumstances moved, operated or driven at a speed in excess of twenty-five (25) miles per hour, is moved, operated or driven on any public highway or city street which is open for vehicular travel, it shall display a triangular slow-moving-vehicle emblem or high intensity reflectorized tape mounted as near as practicable to the center of the mass and at an approximate height of not less than two (2) nor more than six (6) feet from level ground or pavement surface. In any event, the emblem or tape shall be mounted so as to be entirely visible from the rear, day or night; and the emblem or tape and its position of mounting on the vehicle shall meet the specifications established by rules and regulations properly adopted and promulgated by the Commissioner of Public Safety. Except in cases of emergency, vehicles subject to the provisions of this section that display the reflectorized tape shall not be operated upon any highway on the designated state highway system during the period from sunset to sunrise.

Miss. Code Ann. § 63-7-93 Slow-moving vehicle safety emblem; prohibition.

The use of the slow-moving-vehicle emblem or high intensity reflectorized tape shall be restricted to the slow-moving vehicles specified in Section 63-7-91 and the use of such emblem or tape on any other type of vehicle or stationary object on or along any public highway or city street is prohibited.

Miss. Code Ann. § 63-7-95 Slow-moving vehicle safety emblem; rules and regulations.

The Commissioner of Public Safety is hereby authorized, empowered and directed to adopt and promulgate rules and regulations establishing standards and specifications for the design, materials and mounting of a standard slow-moving-vehicle emblem and high intensity reflectorized tape for the uniform identification of slow-moving vehicles. In adopting said rules and regulations the Commissioner of Public Safety shall consider the standard markings used in other states, the current recommendations of the American Society of Agricultural Engineers and the Society of Automotive Engineers, in order that the slow-moving-vehicle emblem or tape may be more universally recognizable and of adequate quality.

Miss. Code Ann. § 63-7-97 Slow-moving vehicle safety emblem; relationship with other requirements as to lighting and safety equipment.

Nothing in Sections 63-7-91 through 63-7-101 shall be construed to relieve the owner and/or operator of the vehicles identified in Section 63-7-91 from complying with all other requirements for lighting and safety equipment on these vehicles.

Miss. Code Ann. § 63-7-99 Slow-moving vehicle safety emblem; presumption as to use of reasonable care in operation of vehicle.

Compliance with Section 63-7-91 shall not create a prima facie case or presumption that such owner or operator of the vehicle used reasonable and ordinary care in the operation of such vehicle under the circumstances then existing by the use or display of such slow-moving-vehicle emblem or high intensity reflectorized tape.

Miss. Code Ann. § 63-7-101 Slow-moving vehicle safety emblem; enforcement of provisions.

Sections 63-7-91 through 63-7-101 are hereby made a part of the Uniform Highway Traffic Regulation Law as amended, and their enforcement shall be as provided by said law.

Miss. Code Ann. § 63-7-103 Trooper Steve Hood Act: The Nitrous Oxide Prohibition Act; use of nitrous oxide in motor vehicle or motorcycle driven on streets or highways prohibited; penalties.

This section shall be known and may be cited as the “Trooper Steve Hood Act: The Nitrous Oxide Prohibition Act.” For the purposes of this section: “Motor vehicle” has the meaning ascribed in Section 27-19-3; however, the term “motor vehicle” does not include any vehicle with a gross vehicle or combination weight greater than ten thousand (10,000) pounds. “Motorcycle” has the meaning ascribed in Section 27-19-3. “Nitrous oxide” means a gas or liquid form of nitrous oxide that is used to increase the speed or performance of a motor vehicle or motorcycle. “Street” or “highway” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. (i) A person shall not operate on a street or highway a motor vehicle or motorcycle that is equipped to supply the engine with nitrous oxide unless the nitrous oxide supply system is made inoperative by means of disconnecting the nitrous oxide feed line from the engine or removing the nitrous oxide canister from the motor vehicle or motorcycle. No fine or imprisonment shall be imposed against the operator for a violation of this section, unless at the time the operator was charged with a violation of this section he also was charged with some other offense under Title 63, Mississippi Code of 1972, and he is convicted of both offenses. A person convicted for the first offense of violating this subsection shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), imprisoned for not more than forty-eight (48) hours, or both. For a second conviction of any person violating this subsection, the offenses being committed within a period of five (5) years, the person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than one (1) year, and shall be sentenced to community service work for not less than ten (10) days nor more than one (1) year. For a third or subsequent conviction of any person violating this subsection, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), and shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections; however, for any such offense that does not result in serious injury or death to any person, the sentence of incarceration may be served in the county jail at the discretion of the circuit court judge. After a conviction under this subsection and upon receipt of the court abstract, the Commissioner of Public Safety shall suspend the driver’s license and driving privileges of the person for not less than five (5) years. After a conviction under this subsection, the law enforcement agency shall seize the vehicle owned by any person convicted of a third or subsequent violation of this subsection, if the convicted person was driving the vehicle at the time the offense was committed. The vehicle may be forfeited in the manner provided by Sections 63-11-49 through 63-11-53.

Miss. Code Ann. § 63-7-201 Definitions.

As used in Sections 63-7-201 through 63-7-209: The term “dealer” means any person who has sold five (5) or more motor vehicles in the past twelve (12) months to purchasers who in good faith purchased such vehicles for purposes other than resale. The term “distributor” means any person who has sold five (5) or more motor vehicles in the past twelve (12) months for resale. The term “odometer” means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips. The term “repair and replacement” means to restore to a sound working condition by replacing the odometer or any part thereof or by correcting what is inoperative.

Miss. Code Ann. § 63-7-203 Offenses.

It shall be unlawful for any person to advertise for sale, to sell, to use, or to install on any part of a motor vehicle or on an odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage driven. For the purposes of this section the true mileage driven is that mileage driven by the car as registered by the odometer within the manufacturer’s designed tolerance. It shall be unlawful for any person with the intent to defraud to operate a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional. It shall be unlawful for any person to disconnect, turn back, reset or alter, or cause to be disconnected, reset or altered, the odometer of any motor vehicle with the intent to reduce the number of miles indicated thereon.

Miss. Code Ann. § 63-7-205 Warranty relating to odometer mileage.

If a manufacturer, distributor, or dealer of a new motor vehicle makes any warranty to the purchaser of, and with respect to, a new motor vehicle which is based on the amount of miles that the motor vehicle is driven, only those miles which the motor vehicle has been driven on and after the date that the motor vehicle has first been sold as new to the purchaser shall be considered for purposes of the warranty. The mileage indicated upon the odometer of the motor vehicle on the date that the motor vehicle is first sold as new to the purchaser shall, for the purposes of the warranty, be the mileage upon which the warranty shall commence.

Miss. Code Ann. § 63-7-207 Service, repair or replacement of odometer.

Nothing in Sections 63-7-201 through 63-7-209 shall prevent the service, repair, or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair, or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of such notice so affixed shall be unlawful.

Miss. Code Ann. § 63-7-209 Penalties.

Violation of the provisions of Sections 63-7-201 through 63-7-209 shall be deemed a misdemeanor and upon conviction shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment.

Miss. Code Ann. § 63-7-301 Requirement of device or belt positioning booster seat system; failure to provide and use device or belt positioning booster seat system not deemed negligence.

Every person transporting a child under the age of four (4) years in a passenger motor vehicle, and operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a child passenger restraint device or system meeting applicable federal motor vehicle safety standards. Every person transporting a child in a passenger motor vehicle operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a belt positioning booster seat system meeting applicable federal motor vehicle safety standards if the child is at least four (4) years of age, but less than seven (7) years of age and measures less than four (4) feet nine (9) inches in height or weighs less than sixty-five (65) pounds. If more than two (2) children who are required under subsection (1) of this section to use a booster seat are being transported in a vehicle at one time, and the vehicle only has two (2) lap and shoulder belts in the rear seat, then only the two (2) children sitting in the seats with the lap and shoulder belts are required to use a belt positioning booster seat system and safety belt, and any other children may be secured with a safety seat lap belt only. The term “passenger motor vehicle” as used in Sections 63-7-301 through 63-7-311 has the same meaning as defined in Section 63-2-1(2). Sections 63-7-301 through 63-7-311 do not apply to the vehicles described in Section 63-2-1(3). Failure to provide and use a child passenger restraint device or system or a belt positioning booster seat system shall not be considered contributory or comparative negligence.

Miss. Code Ann. § 63-7-303 Duties, rights, liabilities, etc., between parent and child.

No provision of Sections 63-7-301 through 63-7-313 shall be construed as creating any duty, standard of care, right or liability between parent and child that is not recognized under the laws of the State of Mississippi as they exist on July 1, 1983, or as they may at any time in the future be constituted by statute or court decision.

Miss. Code Ann. § 63-7-305 Enforcement.

The provisions of Section 63-7-301 may be enforced by any duly sworn law enforcement officer of this state, or of any county or political subdivision thereof.

Miss. Code Ann. § 63-7-307 Repealed.

Repealed by Laws, 1998, ch. 501, § 4, eff from and after July 1, 1998. [Laws, 1983, ch. 400, § 4, eff from and after July 1, 1983]

Miss. Code Ann. § 63-7-309 Penalties.

Any person convicted of violating the provisions of Section 63-7-301 shall be fined not more than Twenty-five Dollars ($25.00) for each offense.

Miss. Code Ann. § 63-7-311 Notice of requirement for devices.

The state tax commission shall provide notice of the requirement for child restraint devices or systems, which notice shall accompany the delivery of a motor vehicle license tag.

Miss. Code Ann. § 63-7-313 Repealed.

Repealed by Laws, 1990, ch. 358, § 2, eff from and after July 1, 1990. [Laws, 1983, ch. 400, § 7]