Bill Text: MS HB1026 | 2015 | Regular Session | Introduced
Bill Title: Mississippi Motor Vehicle Safety Inspection Law; repeal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB1026 Detail]
Download: Mississippi-2015-HB1026-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Transportation; Appropriations
By: Representative Hood
House Bill 1026
AN ACT TO REPEAL SECTIONS 63-13-1 THROUGH 63-13-29, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR ANNUAL SAFETY INSPECTIONS OF MOTOR VEHICLES AND FOR THE ISSUANCE OF CERTIFICATES OF INSPECTION; TO AMEND SECTIONS 63-7-59 AND 63-1-33, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 63-13-1, 63-13-3, 63-13-5, 63-13-7, 63-13-8, 63-13-9, 63-13-11, 63-13-13, 63-13-15, 63-13-17, 63-13-19, 63-13-21, 63-13-23, 63-13-25, 63-13-27 and 63-13-29, Mississippi Code of 1972, which provide for annual safety inspections of motor vehicles and for the issuance of certificates of inspection, are repealed.
SECTION 2. Section 63-7-59, Mississippi Code of 1972, is amended as follows:
63-7-59. (1) No person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any sign or poster, or with any glazing material which causes a mirrored effect, upon the front windshield, side wings or side or rear windows of the vehicle, other than a certificate or other paper required or authorized to be so displayed by law. No person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any tinted film, glazing material or darkening material of any kind on the windshield of a motor vehicle except material designed to replace or provide a sun shield in the uppermost area as authorized to be installed by manufacturers of vehicles under federal law.
(2) From and after July 1,
2006, no person shall drive any motor vehicle required to be registered in this
state upon the public roads, streets or highways in this state with any window
tinted or darkened, by tinted film or otherwise, unless * * * the owner or operator of the vehicle has a
certificate of medical exemption issued under subsection (4) of this section.
(3) The prohibitions of subsection (2) of this section shall not apply to (a) school buses, other buses used for public transportation, any bus or van owned or leased by a nonprofit organization duly incorporated under the laws of this state or any funeral home services vehicle, any limousine owned or leased by a private or public entity, or any government-owned law enforcement or fire department vehicle or any volunteer fire department vehicle; (b) any window behind the front two (2) side windows, including the rear window, of any pickup truck, van, motor home, recreational vehicle, sport utility vehicle or multipurpose vehicle that has been tinted or darkened after factory delivery to the extent that the light transmittance of the window meets the minimum light transmittance requirements authorized to be installed for that window and for that vehicle under federal law or regulations before factory delivery; or (c) any other motor vehicle the windows of which have been tinted or darkened before factory delivery as permitted by federal law or federal regulations.
(4) Notwithstanding the provisions of subsection (2) of this section, it shall be lawful for any person who has been diagnosed by a physician licensed to practice medicine in the State of Mississippi as having a physical condition or disease that is seriously aggravated by minimum exposure to sunlight to place or have placed upon the windshield or windows of any motor vehicle which he owns or operates or within which he regularly travels as a passenger tinted film or other darkening material that would otherwise be in violation of this section. However, any vehicle, in order to be exempt under this subsection (4), shall have prominently displayed on the vehicle dashboard a certificate of medical exemption on a form prepared by the Commissioner of Public Safety and signed by the person on whose behalf the certificate is issued. The special certificate authorized by this subsection (4) shall be issued free of charge to the applicants through the offices of the tax collectors of the counties. Each applicant shall present to the issuing official (a) an affidavit signed personally by the applicant and signed and attested by a physician which states the applicant's physical condition or disease which entitles him to an exemption under this subsection (4); and (b) proof of ownership of the motor vehicle by the applicant, or a signed affidavit by the owner of a motor vehicle operated for the use of the applicant, for which he is obtaining the certificate.
(5) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
* * *
( * * *6) No person shall install any
tinted film, darkening material, glazing material or any other material upon
the windshield or any window of a motor vehicle which, after the installation
thereof, would result in such vehicle being in violation of subsection (2) of
this section.
* * *
( * * *7) It shall be unlawful for any person
to alter or reproduce any * * *label or certificate of medical exemption approved by the
Commissioner of Public Safety under this section for the purpose of misleading
law enforcement officers * * *or motor vehicle inspection stations, or to knowingly use any
approved * * * certificate
except as authorized by this section.
( * * *8) Any person violating subsection * * * (6) or (7) of this
section, upon conviction, shall be punished by a fine of not more than One
Thousand Dollars ($1,000.00), or imprisonment in the county jail for not more
than three (3) months, or by both such fine and imprisonment.
( * * *9) Any violation of this section
other than a violation of subsection * * * (6) or (7) of this
section shall be punishable upon conviction as provided in Section 63-7-7.
( * * *10) Violations of this section shall
be enforced only by law enforcement officers of the Mississippi Department of
Public Safety and municipal law enforcement officers of municipalities having a
population of two thousand (2,000) or more on the public roads, streets and
highways under their jurisdiction.
( * * *11) The Department of Public Safety
shall initiate a public awareness program designed to inform and educate
persons of the provisions of this section. Funds for such public awareness
program shall be available through the office of the Governor's representative
for highway safety programs.
SECTION 3. Section 63-1-33, Mississippi Code of 1972, is amended as follows:
63-1-33. (1) Except as otherwise provided under subsection (6) of this section, it shall be the duty of the license examiner, when application is made for an operator's license or regular learner's permit, to test the applicant's ability to read and understand road signs and to give the required signals as adopted by the National Advisory Committee on Uniform Traffic Control Devices and the American Association of Motor Vehicle Administrators.
(2) Except as otherwise provided under subsection (6) of this section, the commissioner shall have prepared and administer a test composed of at least ten (10) questions relating to the safe operation of a motor vehicle and testing the applicant's knowledge of the proper operation of a motor vehicle. Every examination shall ensure adequate knowledge on the part of the applicant as to school bus safety requirements.
(3) Prior to the
administration of the test, the license examiner shall inspect the horn,
lights, brakes, * * * vehicle registration and proof of liability coverage of
the motor vehicle which the applicant expects to operate while being tested,
and if he finds that any of the aforementioned items are deficient, no license
or endorsement shall be issued to the applicant until same have been repaired.
(4) An applicant for a Mississippi driver's license who, at the time of application, holds a valid motor vehicle driver's license issued by another state shall not be required to take a written test.
(5) Except as otherwise provided by Section 63-1-6, when application is made for an original motorcycle endorsement, the applicant shall be required to pass a written test which consists of questions relating to the safe operation of a motorcycle and a skill test similar to the "Motorcycle Operator Skill Test," which is endorsed by the American Association of Motor Vehicle Administrators. The commissioner may exempt any applicant from the skill test if the applicant presents a certificate showing successful completion of a course approved by the commissioner, which includes a similar examination of skills needed in the safe operation of a motorcycle.
(6) The Department of Public Safety may accept the certification of successful completion of an individual's training in the knowledge and skills needed for the proper and safe operation of a motor vehicle from a driver education and training program at a secondary school that meets the standards of the department, in lieu of the department administering the examination of the individual for the purpose of obtaining a driver's license. The commissioner and the State Board of Education shall jointly promulgate rules and regulations for the administration of this subsection.
SECTION 4. This act shall take effect and be in force from and after July 1, 2015.
