MCA Chapter 2

in effect

Miss. Code Ann. § 63-2-1 Requirement of use of safety seat belt system by operator and passengers in passenger motor vehicle; protection of children.

When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator and every passenger shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. “Passenger motor vehicle” for purposes of this chapter means a motor vehicle designed to carry fifteen (15) or fewer passengers, including the driver, but does not include motorcycles that are not autocycles as defined in Section 63-3-103, mopeds, all-terrain vehicles or trailers. This section shall not apply to: Vehicles which may be registered for “farm” use, including “implements of husbandry” as defined in Section 63-21-5(d), and “farm tractors” as defined in Section 63-3-105(a); An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons; A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty; Buses; or A child who is required to be protected by the use of a child passenger restraint device or system or a belt-positioning booster seat system under the provisions of Sections 63-7-301 through 63-7-311.

Miss. Code Ann. § 63-2-3 Duty, standard of care, right or liability between operator and passenger; contributory or comparative negligence; entry of violation on driving record.

This chapter shall not be construed to create a duty, standard of care, right or liability between the operator and passenger of any passenger motor vehicle which is not recognized under the laws of the State of Mississippi as such laws exist on the date of passage of this chapter or as such laws may at any time thereafter be constituted by statute or court decision. Failure to provide and use a seat belt restraint device or system shall not be considered contributory or comparative negligence, nor shall the violation be entered on the driving record of any individual.

Miss. Code Ann. § 63-2-5 Education program; erection of highway signs notifying public of seat-belt-use requirement; notices of requirement accompanying vehicle license tags or decals.

The Department of Public Safety shall initiate an education program designed to encourage the use of safety belts with emphasis on the effectiveness of safety belts, the monetary savings and other benefits to the public. Funds for such educational program shall be made available through the office of the Governor’s representative for highway safety programs. The State Highway Commission is authorized to direct the Highway Department to erect signs along the highways of this state notifying the traveling public that Mississippi is a mandatory seat-belt-use state. The State Tax Commission shall provide notices of the requirement for safety belt use which shall accompany the delivery of a passenger motor vehicle license tag or decal.

Miss. Code Ann. § 63-2-7 Offenses and penalties; recording of violations.

A violation of this chapter shall be a misdemeanor, punishable by a fine of Twenty-five Dollars ($25.00) upon conviction; however, only the operator of a vehicle may be fined for a violation of this chapter by the operator and any passengers. The maximum fine that may be imposed against the operator of a vehicle for a violation of this chapter by the operator or for a violation of this chapter by one or more passengers shall be Twenty-five Dollars ($25.00) in the aggregate. A violation of this chapter shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.