Miss. Code Ann. § 63-3-1 Short title.
This chapter may be cited as the Uniform Highway Traffic Regulation Law – Rules of the Road.
MCA Chapter 3
MCA Chapter 3
in effectMiss. Code Ann. § 63-3-3 Construction of chapter.
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. § 63-3-5 Application of provisions of chapter relating to operation of vehicles.
The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given section.
2. The provisions of Articles 9 and 25 shall apply upon highways and elsewhere throughout the state.
Miss. Code Ann. § 63-3-7 Compilation, printing and distribution of provisions of chapter.
The Commissioner of Public Safety is hereby authorized and directed to compile in a condensed form the Rules of the Road as set out by this chapter and have sufficient copies printed in pocket size booklet form. The booklets shall be made available to the various law enforcement departments, other agencies and members of the public. The Department of Public Safety may charge another department or agency an amount not exceeding the actual costs incurred by the department in compiling, printing and distributing the booklets; however, no charge may be made by the Department of Public Safety or any other department or agency for distribution of the booklets to the public. The Department of Public Safety also may compile a condensed form of the “Rules of the Road” in electronic format, which shall be accessible by law enforcement departments, other agencies and the public without charge.
Miss. Code Ann. § 63-3-9 Teaching of provisions of chapter in public schools.
The provisions of this chapter shall be taught in the eighth grade of each and every public school of this state. The state superintendent of public education and the county superintendent of each county are hereby directed and required to carry out the provisions of this section.
Miss. Code Ann. § 63-3-11 Right to recover damages in civil suit unaffected by provisions of chapter.
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. § 63-3-101 Applicability of definitions.
The following words and phrases when used in this chapter shall, for purposes of this chapter, have the meanings respectively ascribed to them in this article.
Miss. Code Ann. § 63-3-103 Vehicles.
“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
“Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term “motor vehicle” shall not include electric personal assistive mobility devices.
“Motorcycle” means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor. The term “motorcycle” includes motor scooters as defined in paragraph (j) of this subsection.
“Authorized emergency vehicle” means every vehicle of the fire department (fire patrol), every police vehicle, every 911 Emergency Communications District vehicle, every such ambulance and special use EMS vehicle as defined in Section 41-59-3, every Mississippi Emergency Management Agency vehicle as is designated or authorized by the Executive Director of MEMA and every emergency vehicle of municipal departments or public service corporations as is designated or authorized by the commission or the chief of police of an incorporated city.
“School bus” means every motor vehicle operated for the transportation of children to or from any school, provided same is plainly marked “School Bus” on the front and rear thereof and meets the requirements of the State Board of Education as authorized under Section 37-41-1.
“Recreational vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and includes travel trailers, fifth-wheel trailers, camping trailers, truck campers and motor homes.
“Motor home” means a motor vehicle that is designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use.
“Electric assistive mobility device” means a self-balancing two-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.
“Autocycle” means a three-wheel motorcycle with a steering wheel, nonstraddle seating, rollover protection and seat belts.
“Motor scooter” means a two-wheeled vehicle that has a seat for the operator, one (1) wheel that is ten (10) inches or more in diameter, a step-through chassis, a motor with a rating of two and seven-tenths (2.7) brake horsepower or less if the motor is an internal combustion engine, an engine of 50cc or less and otherwise meets all safety requirements of motorcycles.
“Platoon” means a group of individual motor vehicles traveling in a unified manner at electronically coordinated speeds at following distances that are closer than would be reasonable and prudent without such coordination.
Miss. Code Ann. § 63-3-105 Tractors.
“Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
“Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
“Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Miss. Code Ann. § 63-3-107 Trailers.
“Trailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
“Semitrailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
Miss. Code Ann. § 63-3-109 Railroads.
“Railroad” means a carrier of persons or property upon cars, other than street cars, operated upon stationary rails.
“Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars.
“Street car” means a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality.
Miss. Code Ann. § 63-3-111 Tires.
“Metal tire” means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.
“Pneumatic tire” means every tire in which compressed air is designed to support the load.
“Solid tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
Miss. Code Ann. § 63-3-113 Explosives and flammable liquids.
“Explosive” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.
“Flammable liquid” means any liquid which has a flash point of 70 degrees F., or less, as determined by a tagliabue or equivalent closed cup test device.
Miss. Code Ann. § 63-3-115 Department of public safety.
“Commissioner” means the commissioner of public safety.
“Department” means the department of public safety.
Miss. Code Ann. § 63-3-117 Local authorities.
“Local authority” means every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state.
Miss. Code Ann. § 63-3-119 Police officers.
“Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
Miss. Code Ann. § 63-3-121 Individuals.
“Person” means every natural person, firm, copartnership, association, corporation, limited liability company or other legal business entity.
“Driver” means every person who drives or is in actual physical control of a vehicle.
“Owner” means a person who holds the legal title of a vehicle; in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
“Pedestrian” means any person afoot or a person who uses an electric personal assistive mobility device or a manual or motorized wheelchair.
“Instructor” means any person who gives instruction in a course related to this Title 63, whether given in person, recorded, transmitted by electronic means, or any combination thereof.
Miss. Code Ann. § 63-3-123 Traffic.
“Traffic” means pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together while using any highway for purposes of travel.
Miss. Code Ann. § 63-3-125 Streets, roads, and highways.
“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.
“Laned highway” means a highway the roadway of which is divided into three or more clearly marked lanes for vehicular traffic.
“Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel.
“Sidewalk” means that portion of a street between curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
“Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.
“Through highway” means every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter.
Miss. Code Ann. § 63-3-127 Crosswalks.
“Crosswalk” means that portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Miss. Code Ann. § 63-3-129 Intersections.
“Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
Miss. Code Ann. § 63-3-131 Safety zones.
“Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
Miss. Code Ann. § 63-3-133 Traffic signals or devices.
“Official traffic-control devices” means all signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
“Official traffic-control signal” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
“Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
Miss. Code Ann. § 63-3-135 Right-of-way.
“Right-of-way” means the privilege of the immediate use of the highway.
Miss. Code Ann. § 63-3-137 Stopping, standing, and parking.
“Stop,” when required, means the complete cessation from movement.
“Stop, stopping or standing,” when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal.
“Park,” when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
Miss. Code Ann. § 63-3-139 Districts.
“Business district” means the territory contiguous to and including a highway when fifty percent (50%) or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.
“Residence district” means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
Miss. Code Ann. § 63-3-201 Offenses and penalties generally.
It is unlawful and, unless otherwise declared in this title with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden by this chapter or to fail to perform any act required in this chapter.
Miss. Code Ann. § 63-3-203 Failure or refusal to comply with order or direction of police officer.
No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic.
Miss. Code Ann. § 63-3-205 Applicability of chapter to various public officers and employees.
The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter with respect to authorized emergency vehicles.
The provisions of this chapter shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
No driver of any authorized emergency vehicle shall assume any special privilege under this chapter 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.
Miss. Code Ann. § 63-3-207 Applicability of chapter to persons riding bicycles or animals or driving animal-drawn vehicles.
Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a highway shall have all of the rights and all of the duties applicable to the driver of a vehicle under this chapter, except those provisions of this chapter which by their nature can have no application.
Miss. Code Ann. § 63-3-208 Use of electric personal assistive mobility devices allowed on highways and sidewalks; restrictions.
An electric personal assistive mobility device as defined in Section 63-3-103, may be operated:
On a marked bicycle path;
On any street or road where bicycles are permitted; or
On a sidewalk, if the person operating the device yields the right-of-way to pedestrians and gives an audible signal before overtaking and passing a pedestrian.
Miss. Code Ann. § 63-3-209 Uniformity of application of chapter throughout state; local traffic regulation generally.
The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any rule or regulation in conflict with the provisions of this chapter unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this chapter.
Miss. Code Ann. § 63-3-210 Prohibition of operation of motor scooters rented in accordance with Section 63-1-6.1 on certain roads or highways under certain circumstances.
The Board of Trustees of State Institutions of Higher Learning may, in accordance with Section 37-105-1, enact rules and regulations that prohibit the operation of motor scooters, which are rented in accordance with Section63-1-6.1, on certain roads or highways, if the board deems the prohibition to be in the interest of public safety. The governing board of any municipality may enact rules and regulations that prohibit the operation of motor scooters, which are rented in accordance with Section63-1-6.1, on certain roads or highways, if the board deems the prohibition to be in the interest of public safety.
Miss. Code Ann. § 63-3-211 Enactment of traffic regulations by local authorities.
The provisions of this chapter shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from-
1. Regulating the standing or parking of vehicles;
2. Regulating traffic by means of police officers or traffic control signals;
3. Regulating or prohibiting processions or assemblages on the highways;
4. Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;
5. Regulating the speed of vehicles in public parks;
6. Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to such intersections;
7. Restricting the use of highways as authorized in Chapter 5 of this title.
No ordinance or regulation enacted under subdivision 4, 5, 6, or 7 of this section shall be effective until signs giving notice of such local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.
Miss. Code Ann. § 63-3-212 Localities prohibited from enacting ordinances restricting cell phone use in motor vehicles.
No county, municipality or other political subdivision shall enact any ordinance restricting the use of cellular phones in any motor vehicle until such time as the state may authorize a county, municipality or other political subdivision to enact such an ordinance.
Miss. Code Ann. § 63-3-213 Effect of chapter upon rights of owners of certain real property.
Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this chapter, or otherwise regulating such use as may seem best to such owner.
Miss. Code Ann. § 63-3-301 Adoption of uniform system of traffic-control devices.
The commissioner of public safety shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this chapter for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system then current as approved by the American Association of State Highway Officials.
Miss. Code Ann. § 63-3-303 Placing and maintaining of traffic-control devices upon state and county highways; placement of devices upon such highways by local authorities.
The commissioner of public safety and the state highway commission shall place and maintain such traffic-control devices conforming to its manual and specifications, upon all state and county highways as it shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.
No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the commissioner of public safety and the state highway commission except by the latter’s permission.
Miss. Code Ann. § 63-3-305 Placing and maintaining of traffic-control devices upon highways under local jurisdiction.
Local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this chapter or provisions of local traffic ordinances or to regulate, warn, or guide traffic. All such traffic-control devices hereafter erected shall conform to the state manual and specifications.
Local authorities in exercising those functions referred to in the preceding paragraph shall be subject to the direction and control of the state highway commission.
Miss. Code Ann. § 63-3-307 Reflectors on bridges in state highway system.
The state highway commission is hereby authorized, in its discretion, to place amber reflectors on each end and on both sides of all bridges on all roads on the state highway system, which will permit a person to see such reflectors so that he might know that he is about to approach a bridge.
Miss. Code Ann. § 63-3-309 Traffic-control signal colors and rules.
Whenever traffic is controlled by traffic-control signals exhibiting the words “Go,” “Caution,” or “Stop,” or exhibiting different colored lights successively one (1) at a time, only the following colors shall be used and said terms and lights shall indicate as follows:
Green alone or “Go.” Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. However, vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. Yellow alone or “Caution” when shown following the green or “Go” signal. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection. Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles. Red alone or “Stop.” Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line and shall remain standing until green or “Go” is shown alone, except as provided in (b) and (c) of this paragraph (3); Vehicular traffic facing a steady red signal may cautiously enter the intersection to turn right after stopping as required by paragraph (3)(a), unless a sign stating “No Turn On Red” is in place prohibiting such a turn. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other vehicular traffic lawfully using the intersection. Vehicular traffic facing a steady red signal at the intersection of two (2) one-way streets may cautiously enter the intersection to turn left in the direction designated for one-way traffic, after stopping as required by paragraph (3)(a), unless a sign stating “No Turn On Red” is in place prohibiting such a turn. Such vehicular traffic shall yield the right-of-way to pedestrians within an adjacent crosswalk and to other vehicular traffic lawfully using the intersection. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. Red with green arrow. Vehicular traffic facing such signal may cautiously enter the intersection only to make movement indicated by such arrow but shall not interfere with other traffic or endanger pedestrians lawfully within a crosswalk. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
Miss. Code Ann. § 63-3-311 Flashing signal colors and rules.
Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows:
1. Flashing red (stop signal).— When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
2. Flashing yellow (caution signal).— When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
Miss. Code Ann. § 63-3-313 Disobedience of official traffic-control devices.
No driver of a vehicle shall disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.
Miss. Code Ann. § 63-3-315 Obedience of official traffic-control devices by emergency vehicles.
The driver of any authorized emergency vehicle when responding to an emergency call upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety but may proceed cautiously past such red or stop sign or signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal.
Miss. Code Ann. § 63-3-317 Unauthorized signs, signals, markings and devices.
No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. No person shall place or maintain and no public authority shall permit upon any highway any traffic sign or signal bearing thereon any commercial advertising, or any billboard or advertising sign of any kind or description, except that motorist services business signs and supports which are authorized by the state highway commission pursuant to Section 65-1-8 may be placed and maintained within state highway rights-of-way. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs provided that said signs are not erected closer than fifty (50) feet to the center line of state highways. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed after ten (10) days’ notice to the owner thereof by registered letter or otherwise.
Miss. Code Ann. § 63-3-319 Interference with official traffic-control devices or railroad signs or signals.
No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any other part thereof.
Miss. Code Ann. § 63-3-321 Destruction, removal, etc., of detour sign, warning sign, barricade, or fence; offenses.
Any person who wilfully destroys, knocks down, removes, defaces, or alters any letters or figures on a detour or warning sign set upon a highway or road of this state, or who wilfully knocks down, removes, rearranges, destroys, defaces, or alters any letter or figures on a barricade or fence erected on any highway or road of this state, or who drives around or through any barricade or fence on any officially closed highway or road of this state, or who drives around such detour sign or barricade or fence, or who wilfully ignores or disregards a warning sign before such road has been officially opened to the public traffic by the Mississippi State Highway Department, or in appropriate cases by the county or municipal officer responsible for constructing or maintaining such roads, shall be guilty of a misdemeanor. This shall have no application to peace officers in the performance of their duties, nor to employees of the Mississippi State Highway Department, nor to employees of the contractor, nor to employees of the federal authorities when engaged in inspection of surveys, repairs, maintenance, or construction on or alongside such highways, within the right-of-way, nor to individuals domiciled or making their livelihood within the affected areas, nor to any person or group of persons who shall be authorized by the highway director, or appropriate county or municipal officer.
Miss. Code Ann. § 63-3-323 Destruction, removal, etc., of detour sign, warning sign, barricade, or fence; definitions.
The following words, terms and phrases, when used in Section 63-3-321 shall have the meaning ascribed to them herein:
“Detour sign” means any sign placed across or on a public road of the state, by the state, the county or municipal authorities or by their contractors, indicating that such road is closed or partially closed, which sign also indicates the direction of an alternate route to be followed to give access to certain points.
“Warning sign” means a sign indicating construction work in area.
“Barricade” means a barrier for obstructing the passage of motor vehicle traffic.
“Fence” means a barrier to prevent the intrusion of motor vehicle traffic.
“Officially closed” means a highway or road that has been officially closed by a governmental unit, the Mississippi State Highway Department, a city or a county.
“Officially opened” shall mean any highway that does not have signs or barriers stating that it is closed.
Miss. Code Ann. § 63-3-325 Destruction, removal, etc., of detour sign, warning sign, barricade, or fence; penalties.
Every person convicted of a violation of Section 63-3-321 shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. The conviction of a violation of Section 63-3-321 shall not be competent evidence in any civil action.
Miss. Code Ann. § 63-3-401 Duties of driver involved in accident resulting in personal injury or death; offenses and penalties.
The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 63-3-405. Every stop under the provisions of subsection (1) of this section shall be made without obstructing traffic or endangering the life of any person more than is necessary. Except as provided in subsection (4) of this section, if any driver of a vehicle involved in an accident that results in injury to any person willfully fails to stop or to comply with the requirements of subsection (1) of this section, then such person, upon conviction, shall be punished by imprisonment for not less than thirty (30) days nor more than one (1) year, or by fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. If any driver of a vehicle involved in an accident that results in the death of another or the mutilation, disfigurement, permanent disability or the destruction of the tongue, eye, lip, nose or any other limb, organ or member of another willfully fails to stop or to comply with the requirements under the provisions of subsection (1) of this section, then such person, upon conviction, shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) nor more than twenty (20) years, or by fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment. The commissioner shall revoke the driver’s license of any person convicted under this section.
Miss. Code Ann. § 63-3-403 Duties of driver involved in accident resulting in property damage to attended vehicle; offenses and penalties.
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 63-3-405. Every such stop shall be made without obstructing traffic more than is necessary.
Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor.
Miss. Code Ann. § 63-3-405 Duty of driver involved in accident resulting in injury or death or property damage to give information and render aid; liability for rendering assistance.
The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator’s or chauffeur’s license to the person struck or the driver or occupant of or person attending any vehicle collided with. Said driver shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. No such driver who, in good faith and in the exercise of reasonable care, renders emergency care to any injured person at the scene of an accident or in transporting said injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages to said injured person as a result of any acts committed in good faith and in the exercise of reasonable care or omission in good faith and in the exercise of reasonable care by such driver in rendering the emergency care to said injured person.
Miss. Code Ann. § 63-3-407 Duties of driver involved in accident involving unattended vehicle.
The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. However, the provisions herein shall not apply where no material damage is done and where the owner of the unattended vehicle was guilty of negligence in leaving said vehicle parked as same was when so struck.
Miss. Code Ann. § 63-3-409 Duties of driver striking fixtures upon or adjacent to highway.
The driver of any vehicle involved in an accident resulting only in damages to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator’s or chauffeur’s license and shall make report of such accident when and as required in Section 63-3-411.
Miss. Code Ann. § 63-3-411 Duties of drivers involved in accidents involving injury or death or property damage of $500 or more to report accidents; supplemental reports; investigations and reports by law enforcement officers.
The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of Five Hundred Dollars ($500.00) or more shall immediately, by the quickest means of communication, give notice of the collision to the local police department if the collision occurs within an incorporated municipality, or if the collision occurs outside of an incorporated municipality to the nearest sheriff’s office or highway patrol station. The department may require any driver of a vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report is insufficient in the opinion of the department. Additionally, the department may require witnesses of accidents to render reports to the department. It shall be the duty of the highway patrol or the sheriff’s office to investigate all accidents required to be reported by this section when the accident occurs outside the corporate limits of a municipality, and it shall be the duty of the police department of each municipality to investigate all accidents required to be reported by this section when the accidents occur within the corporate limits of the municipality. Every law enforcement officer who investigates an accident as required by this subsection, whether the investigation is made at the scene of the accident or by subsequent investigation and interviews, shall forward within six (6) days after completing the investigation a written report of the accident to the department if the accident occurred outside the corporate limits of a municipality, or to the police department of the municipality if the accident occurred within the corporate limits of such municipality. Police departments shall forward such reports to the department within six (6) days of the date of the accident. Whenever an engineer of a railroad locomotive, or other person in charge of a train, is required to show proof of his identity under the provisions of this article, in connection with operation of such locomotive, to any law enforcement officer, such person shall not be required to display his operator’s or chauffeur’s license but shall display his railroad employee number. In addition to the information required on the “statewide uniform traffic accident report” forms provided by Section 63-3-415, the department shall require the parties involved in an accident and the witnesses of such accident to furnish their phone numbers in order to assist the investigation by law enforcement officers.
Miss. Code Ann. § 63-3-413 Reporting of accident by occupant of vehicle when driver incapable of reporting.
Whenever the driver of a vehicle is physically incapable of making a required accident report and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made said report.
Miss. Code Ann. § 63-3-415 Accident report forms.
The department shall prepare and furnish “statewide uniform traffic accident report” forms to other agencies, municipal police departments, county sheriffs and other suitable law enforcement agencies or individuals. The department may charge an amount not exceeding the actual costs incurred by the department in preparing and furnishing the forms. The Department of Public Safety also may make such forms available in electronic format, which shall be accessible by law enforcement departments and other agencies without charge. Every accident report required by Section 63-3-411 from a law enforcement officer or individual shall be made on the statewide uniform traffic accident report form provided by the department. In addition to the information required on the accident report forms provided for herein, the department shall include a place on such report forms for the phone numbers of the parties involved in the accident and any witnesses to such accident. “Statewide uniform traffic accident report” forms shall not have printed upon them the name of any elected state official.
Miss. Code Ann. § 63-3-417 Disclosure of information in accident reports; fraudulently obtaining information contained in report; penalties.
All required accident reports and supplemental reports shall be without prejudice to the individual so reporting and, except as otherwise provided in this section, shall be for the confidential use of the department; however, the department may, upon written request of any person involved in an accident, the spouse or next of kin of any such person, or any person against whom a claim is made as a result of the accident or upon written request of the representative of his estate, disclose to such requester or his legal counsel or a representative of his insurer any information contained in such report except the parties’ version of the accident as set out in the written report filed by such parties, or may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. The admissibility of an accident report into evidence in any court shall be governed by the Mississippi Rules of Evidence. However, the department shall furnish, upon demand of any person who has, or claims to have, made such a report or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirement that such a report be made to the department. Notwithstanding the provisions of subsection (1) of this section or the provisions of any other law to the contrary, the department may supply vehicle-specific accident data to any person or entity, in bulk electronic form, for the purpose of compiling vehicle history reports for use by law enforcement, consumers and businesses. The department may charge and collect fees at a negotiated price established by the department for providing such data; however, the department may not agree to grant to any person or entity an exclusive right to receive information or data under this subsection. A person or entity that requests access to such data must agree, in writing, to use information obtained from such data only for the purpose of identifying vehicles that have been involved in accidents and any damage to those vehicles. A person or entity obtaining such data may not use such information to identify or contact persons or individuals. The department shall retain and deposit into a special fund that is hereby created in the State Treasury so much of the fees collected as may be necessary to defray the actual costs that the department incurs in retrieving, furnishing and maintaining the records and data requested under this subsection. Monies in the special fund may be expended, upon legislative appropriation, to defray such costs. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the State General Fund, and any income earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund. That portion of the fees collected in excess of the amount necessary to defray the actual costs that the department incurs in retrieving, furnishing and maintaining the records and data requested under this subsection shall be deposited in the State General Fund as provided under Section 45-1-23. The report required by Section 63-3-411 may be used in proving uninsured status of the owner and operator of a vehicle in any action to enforce a claim under the uninsured motorist provisions of an automobile liability policy, but only as provided in Section 13-1-124. Any person to whom information contained in an accident report is not authorized to be disclosed under this section who fraudulently obtains or fraudulently attempts to obtain a copy of such report or information contained in such report shall be guilty of a misdemeanor and such person, upon conviction, shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment.
Miss. Code Ann. § 63-3-419 Reporting by hospitals and medical examiners of deaths from motor vehicle accidents.
Every county medical examiner or county medical examiner investigator shall, on or before the tenth day of each month, report in writing to the department the death of any person within his jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident. Every hospital shall notify the county medical examiner or county medical examiner investigator of the county in which the accident occurred of the death within the hospital of any person who dies as a result of injuries apparently sustained in an accident involving a motor vehicle.
Miss. Code Ann. § 63-3-421 Tabulation and analysis of accident reports.
The department shall receive accident reports required by this article, and shall tabulate and may analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents.
Miss. Code Ann. § 63-3-423 Requirement of accident reports by municipal corporations; confidentiality of reports.
Any incorporated city, town, village, or other municipality, may by ordinance require that the driver of a vehicle involved in an accident shall also file with a designated city department a report of such accident or a copy of any report required under this article to be filed with the department. Any such report shall be for the confidential use of the city department and shall be subject to the provisions of Section 63-3-417.
Miss. Code Ann. § 63-3-501 Maximum speed limits on state, interstate and controlled access highways; maximum speed limit on toll roads.
Except as otherwise provided in this section, no person shall operate a vehicle on the highways of the state at a speed greater than sixty-five (65) miles per hour.
The Mississippi Transportation Commission may, in its discretion, by order duly entered on its minutes, increase the speed restrictions on any portion of the Interstate Highway System provided such speed restrictions are not increased to more than seventy (70) miles per hour. The commission may likewise increase the speed limit to seventy (70) miles per hour on controlled access highways with four (4) or more lanes.
A governmental entity that operates and maintains a toll road as authorized under Section 65-43-1, or that contracts with some person or business to operate and maintain a toll road as authorized under Section 65-43-3, may establish the maximum speed for motor vehicles operated on any such toll road; however, the maximum speed so established may not exceed eighty (80) miles per hour.
Miss. Code Ann. § 63-3-502 Penalties for conviction of driving motor vehicle or motorcycle on street or highway in a race.
For the purposes of this section: “Motor vehicle” has the meaning ascribed in Section 27-19-3. “Motorcycle” has the meaning ascribed in Section 27-19-3. “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. Any person driving a motor vehicle or motorcycle upon a street or highway in a race, upon conviction, shall be punished as follows: 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. A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under Section 63-7-103.
Miss. Code Ann. § 63-3-503 Modification of maximum speed limits by state highway commission; maximum penalties for violations.
Whenever the state highway commission shall determine upon the basis of an engineering and traffic investigation that any speed set forth in Section 63-3-501 is greater than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, said commission shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of highway.
Whenever the state highway commission determines that speed limits set forth in Section 63-3-501 are different from those speeds set forth in applicable laws of the Federal Government, then said commission may declare a speed limit which is consistent with such laws and which shall be effective immediately upon adoption by the commission. Appropriate signs giving notice of the adopted speed limits shall be erected upon order of the commission.
The maximum fine and sentence to be imposed for a violation of excessive speed above the maximum limits set by the state highway commission pursuant to the authority granted by this section shall be one-half (1/2) the fine and sentence imposed by Section 63-9-11 if the excessive speed does not exceed the maximum limits imposed by Section 63-3-501.
Miss. Code Ann. § 63-3-505 Conditions under which speed must be decreased.
The driver or operator of any motor vehicle must decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic. All trucks, or truck-trailer combinations and passenger buses shall be required to reduce speed to forty-five miles per hour during inclement weather when visibility is bad.
Miss. Code Ann. § 63-3-507 Details of complaint and summons or notice to appear alleging speeding violation.
In every charge of violation of Sections 63-3-501 through 63-3-505, and subsection (2) of Section 63-3-509 the complaint as well as the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven as well as the speed applicable within the district or at the location.
Miss. Code Ann. § 63-3-509 Minimum speed limits.
No motor vehicle shall be driven at a speed less than thirty miles per hour on federal designated highways where no hazard exists. An exception to this requirement shall be recognized when reduced speed is necessary for safe operation, or when a vehicle or combination of vehicles is necessarily, or in compliance with law or police direction, proceeding at a reduced speed. Police officers are hereby authorized to enforce this provision by directions to drivers. In the event of apparent wilful disobedience to this provision and refusal to comply with the direction of an officer in accordance herewith the continued slow operation by a driver shall be a misdemeanor. In the event a speed limit of seventy miles per hour is established on any portion of the Interstate Highway System or on four-laned U.S. designated highways as is provided in Section 63-3-501, a minimum speed of forty miles per hour shall be established for those vehicles having a maximum speed restriction of seventy miles per hour. Notice of said minimum speed shall be posted on such roads.
Miss. Code Ann. § 63-3-511 Modification of speed limits by local authorities; establishment of speed limits upon roads of correctional facilities; modification of local limits to conform to lower limits established by state highway commission.
Whenever local authorities, including boards of supervisors, within their respective jurisdictions, determine upon the basis of an engineering and traffic investigation that the speed permitted under this article on any street, or any county road or any portion thereof, or at any intersection is greater than is reasonable or safe under conditions found to exist upon such street, or any county road or any portion thereof, or at such intersection, such local authorities shall determine and declare, by ordinance, a reasonable and safe speed limit, which shall be effective when appropriate signs giving notice thereof are erected on such street, or any county road or any portion thereof, or at such intersection, or upon the approaches thereto. However, no speed limit shall be fixed by any such local authorities at less than fifteen (15) miles per hour.
The Commissioner of Corrections is authorized to establish by regulation reasonable and safe speed limits upon the roads of the correctional facilities under his jurisdiction which shall be effective when appropriate signs giving notice thereof are erected. Speed limits may be based upon road or traffic conditions or upon security considerations.
Provided, however, that whenever the State Highway Commission shall, pursuant to Section 63-3-503, lower the maximum speed limit in response to federal laws, regulations or guidelines for purposes of energy conservation, local authorities, including boards of supervisors, shall immediately lower maximum speed limits on local highways, not to exceed a maximum speed of fifty-five (55) miles per hour.
Miss. Code Ann. § 63-3-513 Special speed limitation on bridges and elevated structures; proof of violations.
The state highway commission upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this article, the commission shall determine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of one hundred feet before each end of such structure.
No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section.
Upon the trial of any person, charged with a violation of this section, proof of said determination of the maximum speed by said commission and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.
Miss. Code Ann. § 63-3-515 Speed limits near schools and churches, upon levees and causeways, and in other designated special zones.
The boards of supervisors of counties and the governing authorities of municipalities are hereby authorized to adopt by order or resolution and to enforce within their respective territorial boundaries the maximum legal rate of speed at which a motor vehicle may be run or operated along any public street, road, highway (except state-maintained highways), or portion thereof in the vicinity of schools and churches, upon levees and causeways and in other special zones which the board or governing authorities may designate. The rate of speed so established shall be determined upon the basis of an engineering and traffic study. The order or resolution setting such speed limits may provide that such limits are only effective during specified times of the day, days of the week and months of the year.
Miss. Code Ann. § 63-3-516 Speed limits within highway work zones; penalties for violations.
It is unlawful for any person to operate a motor vehicle within a highway work zone at a speed in excess of the maximum speed limit specifically established for the zone whenever workers are present and whenever the zone is indicated by appropriately placed signs displaying the reduced maximum speed limit. Any person violating the provisions of this section shall be punished, upon conviction, for a first offense by a fine of not more than Two Hundred Fifty Dollars ($250.00); and for second, third and subsequent offenses by a fine of double the maximum fine imposed for second, third or subsequent offenses under Section 63-9-11. For the purposes of this section the term “highway work zone” means a construction or maintenance area that is located on or along any public highway, road or street within this state that is marked: By appropriate warning signs or other traffic control devices indicating that work is in progress; and By signs of a design approved by the Department of Transportation indicating that any person who operates a motor vehicle within a highway work zone at a speed in excess of the reduced maximum speed limit may be punished by a fine of double the maximum amount otherwise authorized by law. Nothing in this section shall preclude the prosecution or conviction for careless or reckless driving of any motor vehicle operator whose operation of a motor vehicle in a highway work zone, apart from speed, demonstrates the operation of the same in a careless or imprudent manner in violation of Section 63-3-1213 or in a reckless manner in violation of Section 63-3-1201. Every person who operates any motor vehicle in violation of the provisions of this section and who causes property damage to road construction equipment or a motor vehicle in an amount of Five Hundred Dollars ($500.00) or greater within a highway work zone shall, upon conviction, be guilty of a separate misdemeanor and shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term of not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment, in the discretion of the court, and the court shall, as a condition of any sentence imposed determine the extent of the property damage caused by the violator and require the violator to make restitution to the injured party upon such terms and conditions determined by the court. Nothing herein however shall prevent the injured party from pursuing any other civil remedies against the violators as allowed by law. Every person who operates any motor vehicle in violation of the provisions of this section and who causes the death of another within a highway work zone or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another within a highway work zone shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than three (3) years and not to exceed fifteen (15) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction.
Miss. Code Ann. § 63-3-517 Applicability of speed restrictions to emergency vehicles; duties of drivers of emergency vehicles.
The speed limitations set forth in this article shall not apply to authorized emergency vehicles when responding to emergency calls and the drivers thereof sound audible signal by bell, siren, or exhaust whistle. This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall it protect the driver of any such vehicle from the consequence of a reckless disregard of the safety of others.
Miss. Code Ann. § 63-3-519 Use of radar speed detection equipment; authorization and limitations.
It shall be unlawful for any person or peace officer or law enforcement agency, except the Mississippi Highway Safety Patrol, to purchase or use or allow to be used any type of radar speed detection equipment upon any public street, road or highway of this state. However, such equipment may be used:
1. By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more upon the public streets of the municipality;
2. By any college or university campus police force within the confines of any campus wherein more than two thousand (2,000) students are enrolled;
3. By municipal law enforcement officers in any municipality having a population in excess of fifteen thousand (15,000) according to the latest federal census on federally designated highways lying within the corporate limits.
The Mississippi Highway Safety Patrol will not set up radar on highways within municipalities with a population in excess of fifteen thousand (15,000) according to the latest federal census.
Miss. Code Ann. § 63-3-521 Use of radar speed detection equipment; penalties for violations.
Any person who violates section 63-3-519 shall be guilty of a misdemeanor and, upon conviction, shall be punished 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. § 63-3-601 Vehicles to be driven on right half of roadway; exceptions.
Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
2. When the right half of a roadway is closed to traffic while under construction or repair;
3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
4. Upon a roadway designated and signposted for one-way traffic.
Miss. Code Ann. § 63-3-603 Driving on roadways laned for traffic.
Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, except through or bypassing a municipality, the following rules in addition to all others consistent herewith shall apply: A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. A vehicle shall not be driven in the center lane upon a roadway which is divided into three (3) lanes except when: Overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance; Such vehicle is in preparation for a left turn; or Such center lane is at the time allocated exclusively to traffic moving in the direction such vehicle is proceeding and is signposted to give notice of such allocation. Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign. Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane. A vehicle shall not be driven in the outermost left lane of any roadway with two (2) or more lanes allowing for movement of traffic in the same direction except when: Overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; The right lane(s) of a roadway is closed to traffic while under construction or repair; The right lane(s) of the roadway is in disrepair or in an otherwise impassable or unsafe condition; or A vehicle is preparing to exit the roadway on the left. A vehicle shall not be driven continuously in the outermost left lane of a multi-lane roadway whenever it impedes the flow of other traffic. A violation of this subsection (2) is punishable by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00).
Miss. Code Ann. § 63-3-605 Driving upon one-way roadways and around rotary traffic islands.
Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
Miss. Code Ann. § 63-3-607 Passing by vehicles proceeding in opposite directions.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right. Upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible.
Miss. Code Ann. § 63-3-609 Overtaking and passing of vehicles proceeding in same direction.
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules otherwise provided in this article:
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Miss. Code Ann. § 63-3-611 Overtaking and passing vehicles on left side of roadway.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction. No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions: When approaching the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed; When approaching within one hundred (100) feet of any marked or readily distinguishable bridge, viaduct or tunnel on any roadway other than a four-lane roadway; When approaching within one hundred (100) feet of or traversing any marked or readily distinguishable intersection or railroad grade crossing; When official signs are in place directing that traffic keep to the right, or a distinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the State Transportation Commission.
Miss. Code Ann. § 63-3-613 Overtaking and passing upon right of another vehicle.
The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn. The driver of a vehicle may overtake and, allowing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width for four (4) or more lines of moving traffic when such movement can be made in safety. The left lane shall be the preferred passing lane. No person shall drive off the pavement or upon the shoulder of the roadway overtaking or passing on the right.
Miss. Code Ann. § 63-3-615 Meeting or overtaking school bus.
The driver of a vehicle upon a street or highway upon meeting or overtaking any school bus that has stopped on the street or highway for the purpose of receiving or discharging any school children shall come to a complete stop at least ten (10) feet from the school bus before reaching the school bus when there is in operation on the school bus the flashing red lights provided in Section 63-7-23, or when a retractable, hand-operated stop sign is extended; the driver shall not proceed until the children have crossed the street or highway and the school bus has resumed motion or the flashing red lights are no longer actuated and the hand-operated stop sign is retracted. The driver of a vehicle upon a divided highway that has four (4) lanes or more and permits at least two (2) lanes of traffic to travel in opposite directions need not stop upon meeting or passing a school bus that is stopped in the opposing roadway, or if the school bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway. Except as provided in paragraph (b), any person violating the provisions of subsection (1) of this section shall be guilty of a misdemeanor and upon a first conviction thereof shall be fined not less than Three Hundred Fifty Dollars ($350.00) nor more than Seven Hundred Fifty Dollars ($750.00), or imprisoned for not more than one (1) year, or both. For a second or subsequent offense, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Seven Hundred Fifty Dollars ($750.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), or imprisoned for not more than one (1) year, or both. In addition, the Commissioner of Public Safety or his duly authorized designee, after conviction for a second or subsequent offense and upon receipt of the court abstract, shall suspend the driver’s license and driving privileges of the person for a period of ninety (90) days. A conviction under this section for a violation resulting in any injury to a child who is in the process of boarding or exiting a school bus shall be a violation of Section 97-3-7, and a violator shall be punished under subsection (2) of that section. This section shall be applicable only in the event the school bus shall bear upon the front and rear thereon a plainly visible sign containing the words “school bus” in letters not less than four (4) inches in height. If any person witnesses the driver of any vehicle violating the provisions of this section and the identity of the driver of the vehicle is not otherwise apparent, it shall be a rebuttable inference that the person in whose name the vehicle is registered committed the violation. If charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners. If the vehicle that is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the inference of guilt by providing the law enforcement officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.
Miss. Code Ann. § 63-3-616 Blocking certain lanes of traffic by school bus driver permitted for the purpose of preventing being overtaken when receiving or discharging passengers.
A school bus driver, for the purpose of preventing being overtaken when receiving or discharging any school children, may stop on a street or highway blocking the two (2) outermost right lanes, regardless of the number of lanes on the street or highway. For a two-lane street or highway, this provision allows for blocking both lanes. Such school bus driver may only block both of these lanes during the time that the school bus is receiving or discharging any school children.
Miss. Code Ann. § 63-3-617 Driving in center of highway; refusal to turn to right to allow overtaking vehicle to pass.
It shall be unlawful for the driver of any truck or other vehicle to drive in or near the center of any highway for a distance of more than two hundred yards, or at any time to refuse to turn to the right in order that any driver desiring to pass said truck or other vehicle, may drive at a higher legal rate of speed.
Miss. Code Ann. § 63-3-619 Distances to be maintained between traveling vehicles; inapplicability to operators of nonlead vehicles in a platoon under certain circumstances; requirement for operation of platoon.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. The driver of any motor truck or motor truck drawing another vehicle when traveling upon a roadway outside of a business or residence district shall not follow within three hundred (300) feet of another motor truck or motor truck drawing another vehicle. The provisions of this subsection shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks. Subject to the provisions of paragraph (b) of this subsection, subsections (1) and (2) of this section shall not apply to the operator of a nonlead vehicle in a platoon, as defined in Section 63-3-103(k), as long as the platoon is operating on a limited access divided highway with more than one (1) lane in each direction and the platoon consists of not more than two (2) motor vehicles. A platoon may be operated in this state only after an operator files a plan for approval of general platoon operations with the Department of Transportation. If that department approves the submission, it shall forward the plan to the Department of Public Safety for approval. The plan shall be reviewed and either approved or disapproved by the Department of Transportation and the Department of Public Safety within thirty (30) days after it is filed. If approved by both departments, the operator shall be allowed to operate the platoon five (5) working days after plan approval. The Motor Carrier Division of the Department of Public Safety shall develop the acceptable standards required for each portion of the plan.
Miss. Code Ann. § 63-3-621 Distance to be maintained between vehicle and traveling or parked fire apparatus or traveling or parked ambulance on emergency call.
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. The driver of any vehicle other than an official emergency vehicle shall not follow any moving ambulance that is engaged in an emergency medical call closer than five hundred (500) feet, or park the vehicle within two hundred (200) feet of where the ambulance has stopped to pick up or deliver a patient or otherwise render care at the scene of an ambulance call.
Miss. Code Ann. § 63-3-701 Starting of stopped, standing, or parked vehicle.
No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
Miss. Code Ann. § 63-3-703 Turning at intersections.
The driver of a vehicle intending to turn at an intersection shall do so as follows:
Both the approach for a right turn and the turn itself shall be made as close as practical to the right-hand curb or edge of the roadway.
The approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered.
The approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the center line of the street being entered upon leaving the intersection.
Local authorities in their respective jurisdictions may cause markers, buttons, or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection. When markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs.
Miss. Code Ann. § 63-3-705 Turning on curves or crests of grades.
No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of the grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet.
Miss. Code Ann. § 63-3-707 Requirements as to signalling of turns or stops.
No person shall turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement or after giving an appropriate signal in the manner provided in this article in the event any other vehicle may be affected by such movement.
A signal of intention to turn right or left shall be given continuously for a reasonable distance before turning.
No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this article to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
Miss. Code Ann. § 63-3-709 Manner of signalling generally.
The signals required in this article shall be given either by means of the hand and arm or by a signal lamp or signal device of a type approved by the department. When a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle, then said signals must be given by such a lamp or device.
Miss. Code Ann. § 63-3-711 Hand and arm signals.
All signals given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
1. Left turn-hand and arm extended horizontally.
2. Right turn-hand and arm extended upward or moved with a sweeping motion from the rear to the front.
3. Stop or decrease speed-hand and arm extended downward.
Miss. Code Ann. § 63-3-801 Vehicle approaching intersection; vehicles entering intersection at same time.
Except as may otherwise be provided in this article, the driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway. Except as may otherwise be provided in this article, when two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
Miss. Code Ann. § 63-3-803 Vehicle turning left at intersection.
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. However, said driver, having so yielded and having given a signal when and as required by Article 15, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.
Miss. Code Ann. § 63-3-805 Vehicle entering through highway.
The driver of a vehicle shall stop as required by this chapter at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from said through highway or which are approaching so closely on said through highway as to constitute an immediate hazard. However, said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on said through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.
The driver of a vehicle shall likewise stop in obedience to a stop sign as required by this chapter at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.
Miss. Code Ann. § 63-3-807 Vehicle entering or crossing highway from private road or driveway.
The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.
Miss. Code Ann. § 63-3-809 Procedure upon approach of authorized emergency vehicles; procedure upon approaching certain stationary vehicles using authorized flashing lights; duty of driver of authorized emergency, recovery or utility service vehicle.
Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a law enforcement officer. Upon approaching a stationary authorized emergency vehicle, when such vehicle is giving a signal by use of flashing, blinking, oscillating or rotating lights, as authorized under Section 63-7-19, a person who drives an approaching vehicle shall: Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe. Upon approaching a stationary recovery vehicle, utility service vehicle, sanitation vehicle, or highway maintenance vehicle, when the stationary vehicle is giving a signal by use of authorized flashing lights, a person who drives an approaching vehicle shall: Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle, if possible, with due regard to safety and traffic conditions, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe. For purposes of this section, unless the context otherwise clearly requires: “Highway maintenance vehicle” means a vehicle used for the maintenance of highways and roadways in this state and is: Owned or operated by the Department of Transportation, a county, a municipality or other political subdivision of this state; or Owned or operated by a contractor under contract with the Department of Transportation, a county, a municipality or other political subdivision of this state. “Recovery vehicle” means a truck that is specifically designed for towing a disabled vehicle or a combination of vehicles. “Utility service vehicle” means a vehicle used by any person, municipality, county, electric cooperative, corporation, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, wastewater services, telecommunications services or any combination thereof, for sale to consumers in any particular service area, or by any contractor under contract with any such entity. “Sanitation vehicle” means a vehicle used to collect solid waste, refuse or recyclable material that is: Owned or operated by a county, a municipality or other political subdivision of this state; or Owned or operated by a contractor under contract with a county, a municipality or other political subdivision of this state. Upon approaching a vehicle that is marked with some combination of white flashing strobe or amber and red lights, as provided in Section 63-7-19, that is operated by a United States rural mail carrier for the purpose of delivering United States mail, and that is stationary, including when the vehicle is signaling the intention to enter the roadway, a person who drives an approaching vehicle shall: Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle, if possible, with due regard to safety and traffic conditions, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe. A violation of this section is a misdemeanor punishable by a fine: Of not more than Two Hundred Fifty Dollars ($250.00); or Of not more than One Thousand Dollars ($1,000.00) if violation of this section results in: Property damage to the emergency vehicle, sanitation vehicle, highway maintenance vehicle, utility service vehicle, recovery vehicle or rural mail carrier vehicle; or Bodily injury to the driver or a passenger of any such vehicle. This section shall not operate to relieve the driver of an authorized emergency vehicle, a sanitation vehicle, a recovery vehicle, a utility service vehicle, a highway maintenance vehicle or a rural mail carrier vehicle from the duty to drive with due regard for the safety of all persons using the roadway.
Miss. Code Ann. § 63-3-901 Stopping, standing or parking prohibited in specified places.
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: a. On a sidewalk; b. In front of a public or private driveway; c. Within an intersection; d. Within ten feet of a fire hydrant; e. On a crosswalk; f. Within twenty feet of a crosswalk at an intersection; g. Within thirty feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway; h. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; i. Within fifteen feet of the nearest rail of a railroad crossing; j. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance of any fire station within seventy-five feet of said entrance when properly signposted; k. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic; m. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; n. At any place where official signs prohibit stopping. No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful.
On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
Miss. Code Ann. § 63-3-903 Stopping, standing or parking upon highway outside of business or residence districts.
No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main traveled part of any highway outside of a business or residence district when it is practical to stop, park or so leave such vehicle off such part of said highway. In every event, however, a clear and unobstructed width of at least twenty (20) feet of such part of the highway opposite such standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle be available from a distance of two hundred (200) feet in each direction upon such highway. This section shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. Any vehicle used solely for the purpose of collecting solid waste, under a contract with any county, municipality, resident or business for the collection of solid waste may stop or stand on the road, street or highway for the sole purpose of collecting solid waste. Such solid waste collection vehicle shall maintain hazard lights on the vehicle at all times that it is engaged in stopping or standing for the purpose of solid waste collection.
Miss. Code Ann. § 63-3-905 Authority of police officers to remove or provide for removal of illegally stopped vehicles.
Whenever any police officer finds a vehicle standing upon a highway in violation of Section 63-3-903, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or improved or main traveled part of such highway. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.
Miss. Code Ann. § 63-3-907 Parking parallel with right-hand curb.
Except where angle parking is permitted by local ordinance or usage, every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right-hand wheels of such vehicle parallel with and within twelve inches of the right-hand curb.
Miss. Code Ann. § 63-3-909 Parking of unattended motor vehicles.
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key, and, when standing upon any perceptible grade, without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway.
Miss. Code Ann. § 63-3-911 Opening door of stopped motor vehicle.
No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Miss. Code Ann. § 63-3-913 Designation of areas of private property as restricted for emergency vehicle access; parking in or blocking restricted access areas.
The designation of areas on private property which are clearly marked to restrict access thereto to emergency vehicles shall be considered permission by the owner of such property that law enforcement officers may enter such private property to enforce such restricted access; and all municipal, county and state law enforcement officers are authorized to enforce such restriction. It is unlawful to park a motor vehicle, other than an emergency vehicle responding to an emergency, in an area which has been marked as provided in subsection (1) of this section; and any person who unlawfully parks a motor vehicle in such an area or who blocks access thereto is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Hundred Dollars ($100.00) for each violation. For the third and any subsequent offense under this section, the offender’s driver’s license shall be suspended for ninety (90) days in accordance with Section 63-1-53, Mississippi Code of 1972, in addition to any fine imposed. For the purpose of this section “emergency vehicle” means fire department vehicles, law enforcement vehicles, ambulances and any other vehicle designated as an emergency vehicle by the governing authority of the county or municipality within which the private property is located.
Miss. Code Ann. § 63-3-915 Who may authorize towing of vehicle located on private property.
A motor vehicle that is located upon private property may not be towed except when authorized by the owner of the motor vehicle, the lienholder of the motor vehicle, the owner of the property upon which the motor vehicle is located or the towing is authorized by other local, state or federal law.
Miss. Code Ann. § 63-3-1001 Designation of stop intersections; design and placement of stop signs.
The state highway commission with reference to state highways, and local authorities with reference to other highways under their jurisdiction, may designate through highways and erect stop signs at specified entrances thereto or may designate any intersection signs at specified entrances thereto or may designate any intersection as a stop intersection and erect like signs at one or more entrances to such intersection. Every said sign shall bear the word “Stop” in letters not less than 8“ in height which sign shall be self-illuminated at night or if not shall be reflectorized. Every stop sign shall be located as near as practical at the property line of the highway at the entrance to which the stop must be made, or at the nearest line of the crosswalk thereat, or, if none, at the nearest line of the roadway.
Miss. Code Ann. § 63-3-1003 Designation of yield right-of-way entrances; conduct of driver at yield-right-of-way intersection; proof of failure to yield right-of-way.
The state highway commission with reference to state highways under its jurisdiction and local authorities with reference to other highways under their jurisdiction may, when traffic conditions warrant such action, give preference to traffic through any intersection on any highway and designate specified entrances to said intersections as yield right-of-way entrances by erecting yield-right-of-way signs in lieu of stop signs as required or permitted in Section 63-3-1001. The driver of a vehicle in obedience to a yield-right-of-way sign shall reduce the speed of his vehicle to not more than twenty miles per hour and shall yield the right of way to other vehicles which have entered the intersecting highway either from the right or left or which are approaching so closely on said intersecting highway as to constitute an immediate hazard. However, said driver having so yielded may proceed at such time as a safe interval occurs. If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield-right-of-way sign, such collision or interference shall be deemed prima facie evidence of the driver’s failure to yield right-of-way.
Miss. Code Ann. § 63-3-1005 Stops before emerging from alley, driveway or building.
The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alley way or private driveway.
Miss. Code Ann. § 63-3-1007 Stops at railroad grade crossings in obedience to signal indicating approach of train or other on-track equipment; effect of noncompliance upon right of recovery in civil action.
Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train or other on-track equipment, including, but not limited to, hi-rail vehicles and on-track maintenance equipment, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest track of such railroad and shall not proceed until he can do so safely. The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train or other on-track equipment, including, but not limited to, hi-rail vehicles and on-track maintenance equipment. The violation of this section shall not of itself defeat recovery and the question of negligence or the violation aforesaid, shall be left to the jury and the comparative negligence statute and prima facie statute of this state shall apply in these cases as in other cases of negligence.
Miss. Code Ann. § 63-3-1009 Stops at designated particularly dangerous railroad grade crossings.
The Mississippi Transportation Commission is hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest track of such grade crossing and shall proceed only upon exercise of due care.
Miss. Code Ann. § 63-3-1011 Stops at railroad grade crossings by vehicles carrying passengers for hire or explosive substances and school buses.
The driver of any motor vehicle carrying passengers for hire or of any vehicle carrying explosive substances of flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad. While stopped, the driver shall listen and look in both directions along the track for: Any approaching train or any other vehicle operated upon the rails for the purpose of maintenance of railroads, including, but not limited to, all hi-rail vehicles and on-track maintenance machines; and Signals indicating the approach of a train or any other vehicle or machine operated upon the rails. The driver shall not proceed until he can do so safely. No stop need be made at any crossing where a police officer or a traffic control signal directs traffic to proceed. The driver of every school transportation vehicle used to transport pupils, upon approaching any railroad crossing, shall comply with the provisions of Section 37-41-55.
Miss. Code Ann. § 63-3-1013 Moving heavy equipment at railroad grade crossing.
No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six (6) or less miles per hour or a vertical body or load clearance of less than nine (9) inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without notice of any such intended crossing first being given to a superintendent of such railroad and a reasonable time being given to such railroad to provide proper protection at such crossing.
Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of such railway and while so stopped shall listen and look in both directions along such track for any approaching train or other on-track equipment, including, but not limited to, hi-rail vehicles and on-track maintenance equipment and for signals indicating the approach of a train or other on-track equipment, including, but not limited to, hi-rail vehicles and on-track maintenance equipment, and shall not proceed until the crossing can be made safely.
No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car or other on-track equipment, including, but not limited to, hi-rail vehicles and on-track maintenance equipment
Miss. Code Ann. § 63-3-1101 Pedestrians subject to traffic-control signals at intersections; privileges and restrictions at other locations.
Pedestrians shall be subject to traffic control signals at intersections as heretofore declared in this chapter. At all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article.
Miss. Code Ann. § 63-3-1103 Pedestrians’ right-of-way at crosswalks lacking traffic control signals; duty of vehicle approaching vehicle stopped for pedestrian.
Where traffic control signals are not in place or in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this article.
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Miss. Code Ann. § 63-3-1105 Pedestrians crossing roadways at locations other than crosswalks.
Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
Miss. Code Ann. § 63-3-1107 Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
Miss. Code Ann. § 63-3-1109 Solicitation of rides by pedestrians.
No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle.
Miss. Code Ann. § 63-3-1111 Rights of blind and otherwise incapacitated pedestrians crossing at or near intersections or crosswalks; effect of failure to employ cane or guide dog; regulation of use of canes.
Whenever a pedestrian is crossing or attempting to cross a public street or highway, at or near an intersection or crosswalk, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is metallic or white in color, or white tipped with red, the driver of every vehicle approaching in said intersection or crosswalk shall take such precautions as may be necessary to avoid injuring or endangering such pedestrian, and if injury or danger to such pedestrian can be avoided only by bringing his vehicle to a full stop, he shall bring his said vehicle to a full stop. The word “vehicle,” when used in this section, does not include a train operated on railroad tracks. Nothing contained in this section shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways. The failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick or to be guided by a guide dog upon the streets, highways or sidewalks of this state, shall not be held to constitute or be evidence of contributory negligence. It shall be unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is metallic or white in color, or white tipped with red. The violation of any provision of this section shall be punishable by a fine of not more than Twenty-five Dollars ($25.00) or by imprisonment in the county jail for not more than ten (10) days.
Miss. Code Ann. § 63-3-1112 Duty of driver to avoid collision with pedestrian or person propelling human-powered vehicle; warning signal.
Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.
Miss. Code Ann. § 63-3-1113 Driving through safety zone.
No vehicle shall at any time be driven through or within a safety zone.
Miss. Code Ann. § 63-3-1201 Reckless driving.
Any person who drives any vehicle in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property is guilty of reckless driving. Reckless driving shall be considered a greater offense than careless driving.
Every person convicted of reckless driving shall be punished upon a first conviction by a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), and on a second or subsequent conviction he may be punished by imprisonment for not more than ten (10) days or by a fine of not exceeding Five Hundred Dollars ($500.00), or by both.
Miss. Code Ann. § 63-3-1203 Operation of vehicle under circumstances which interfere with driver’s view or control over driving mechanism; interference with driver’s view or control by passenger.
No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle. No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
Miss. Code Ann. § 63-3-1205 Driving through defiles or canyons or on mountain highways.
The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and, upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway, shall give audible warning with the horn of such motor vehicle.
Miss. Code Ann. § 63-3-1207 Coasting upon down grade.
The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.
The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
Miss. Code Ann. § 63-3-1209 Crossing unprotected fire hose.
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
Miss. Code Ann. § 63-3-1211 Throwing, etc., of glass or other injurious material on highway; removal of glass or other injurious material by person removing wrecked or damaged vehicle from highway.
No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such highway.
Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
Miss. Code Ann. § 63-3-1213 Careless driving.
Any person who drives any vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances is guilty of careless driving. Careless driving shall be considered a lesser offense than reckless driving.
Every person convicted of careless driving shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00).
Miss. Code Ann. § 63-3-1215 Drag racing on public roads prohibited; penalties.
No person shall drive any vehicle upon the public roads in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, speed competition, drag race, test or physical endurance, exhibition, or purpose of making a speed record. For the purposes of this section “drag race” means the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out distance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit on the public roads of this state. For the purposes of this section “racing” means the use of one or more vehicles in an attempt to out gain, out distance, or prevent another vehicle from passing, or to test the physical stamina or endurance of drivers over long distance driving routes on the public roads of this state. Any person convicted of violating this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than six (6) months, or both. The prohibitions contained in this section do not apply to events sanctioned by local governing authorities.
Miss. Code Ann. § 63-3-1301 Short title.
This article shall be known and may cited as the “John Paul Frerer Bicycle Safety Act.”
Miss. Code Ann. § 63-3-1303 Applicability.
This article applies to bicycles whenever they are operated upon any roadway or highway, or upon any path set aside for the exclusive use of bicycles. A person riding a bicycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle, except as may be otherwise provided in this article.
Miss. Code Ann. § 63-3-1305 “Bicycle lane” defined; motor vehicle operator to avoid blocking lane and to yield to bicyclist in lane.
For purposes of this section, “bicycle lane” means a portion of the roadway or a lane separated from the roadway that has been designated by striping, pavement markings and signage for the preferential or exclusive use of bicyclists. Whenever a bicycle lane has been provided adjacent to a roadway, the operator of a motor vehicle may not block the bicycle lane to oncoming bicycle traffic and shall yield to a bicyclist in the bicycle lane before entering or crossing the lane. This section does not apply to vehicles engaged in providing public services, including, but not limited to, fire engines, police vehicles, ambulances, public utility vehicles, waste management trucks and tow trucks.
Miss. Code Ann. § 63-3-1307 Rights and duties of bicyclist operating bicycle upon roadway.
Every bicyclist operating a bicycle upon a roadway less than the normal speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following conditions: When it is unsafe to do so; When overtaking and passing another bicycle or vehicle proceeding in the same direction; When preparing for or making a left turn at an intersection or into a private road or driveway; When proceeding straight in a place where right turns are permitted; and When necessary to avoid hazardous conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or a lane of substandard width that makes it unsafe to continue along the right portion of the way.For purposes of this paragraph, “lane of substandard width” means a lane that is too narrow for a bicycle and a vehicle to travel safely side by side in the lane. When operating a bicycle upon a roadway, a bicyclist must exercise due care when passing or overtaking a vehicle that is standing or proceeding in the same direction. Bicyclists riding bicycles upon a roadway shall not ride more than two (2) abreast, except on paths or parts of roadways set aside for exclusive use of bicycles.
Miss. Code Ann. § 63-3-1309 Rights and duties of operator of motor vehicle with respect to bicycles.
While passing a bicyclist on a roadway, a motorist shall leave a safe distance of not less than three (3) feet between his vehicle and the bicyclist and shall maintain such clearance until safely past the bicycle. A motor vehicle operator may pass a bicycle traveling in the same direction in a nonpassing zone with the duty to execute the pass only when it is safe to do so. The operator of a vehicle that passes a bicyclist proceeding in the same direction may not make a right turn at any intersection or into any highway or driveway unless the turn can be made with reasonable safety.
Miss. Code Ann. § 63-3-1311 Signaling of turns by bicyclist.
A bicyclist shall indicate a right turn by extending the left arm upward, by raising the left arm to the square, or by extending the right arm horizontally to the right. A bicyclist shall indicate a left turn by extending the left arm horizontally. A bicyclist shall indicate stopping or decreasing speed by extending the left arm or the right arm downward. A bicyclist is not required to give the signals continuously, if the hand or arm is needed to control the bicycle.
Miss. Code Ann. § 63-3-1313 Prohibition against harassing, taunting or maliciously throwing object at or near bicyclist; penalties.
It is unlawful to harass, taunt or maliciously throw an object at or in the direction of any person riding a bicycle.
A person convicted of a violation of this section shall be fined One Hundred Dollars ($100.00) for the first offense, Five Hundred Dollars ($500.00) for the second offense, and a fine of Two Thousand Five Hundred Dollars ($2,500.00) and imprisonment in the county jail for seven (7) days for the third and subsequent offenses.