Bill Text: MS HB1227 | 2019 | Regular Session | Introduced
Bill Title: Standup electric scooters; authorize local governing authorities to regulate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB1227 Detail]
Download: Mississippi-2019-HB1227-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Transportation
By: Representative Busby
House Bill 1227
AN ACT TO CREATE NEW SECTION 63-7-214, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LOCAL GOVERNING AUTHORITY MAY REGULATE THE OPERATION OF STANDUP ELECTRIC SCOOTERS; TO PROVIDE THE REQUIREMENTS OF SUCH REGULATIONS; TO AMEND SECTIONS 21-37-3, 27-19-3, 27-51-5, 63-3-103, 63-3-208, 63-3-901, 63-7-9, 63-15-3, 63-7-13, 63-7-51, 63-7-65 AND 63-3-211, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 63-7-214, Mississippi Code of 1972:
63-7-214. (1) A local governing authority may regulate the operation of standup electric scooters, as defined in Section 63-3-103, in the following manner, provided that any such regulation is not in conflict with this chapter and is no more restrictive than operating regulations applicable to bicycles:
(a) Require that standup electric scooters be operated on bicycle paths, where available, or on the right-hand curb or right edge of the roadway, or on the left-hand curb or left edge of the roadway on a one-way street, or otherwise in conformity with the manner in which bicycles are operated;
(b) Prohibit the operation of standup electric scooters on sidewalks, except as may be necessary to enter or leave adjacent property;
(c) Set a maximum speed of twenty (20) miles per hour for standup electric scooters;
(d) Set a lower maximum speed for the operation of standup electric scooters on designated streets, roadways, paths, sidewalks, or other public spaces by erecting signs indicating such speed limits, provided that the local governing authority determines, based on an independent environmental, traffic, and equity analysis with public comment and hearing, that operation of standup electric scooters at any higher speed upon such streets, roadways, paths, sidewalks or other public spaces is incompatible with the normal and safe flow of vehicular or pedestrian traffic thereon;
(e) Prohibit the operation of standup electric scooters on designated streets, roadways, paths, sidewalks, or other public spaces by erecting signs indicating such prohibitions and establishing adequate and alternative paths suitable for standup electric scooters, provided that the local governing authority determines, based on an independent environmental, traffic and equity analysis with public comment and hearing, that any operation of standup electric scooters upon such streets, roadways, paths, sidewalks or other public spaces is incompatible with the normal and safe flow of vehicular or pedestrian traffic thereon; and
(f) Promulgate penalties for violations of this subsection.
(2) A local governing authority may regulate the parking of standup electric scooters in the following manner, provided that any such regulation is not in conflict with this chapter and is no more restrictive than operating regulations applicable to bicycles:
(a) Require standup electric scooters to be parked in a manner that complies with the Americans with Disabilities Act;
(b) Designate areas in which standup electric scooters must be parked in designated scooter parking locations, provided that the local governing authority determines that the parking of standup electric scooters on sidewalks within such area is incompatible with the normal and safe flow of pedestrian traffic, and establishes such designated scooter parking locations on each side of each block within such designated area;
(c) Require standup electric scooters to be parked upright in the furniture zone of the sidewalk, beside a bicycle or scooter rack or in another area specifically designated for bicycle or scooter parking, or on the street next to an unmarked curb;
(d) Prohibit the parking of standup electric scooters in the landscape/furniture zone directly adjacent to or within the following areas, such that access is impeded:
(i) Transit zones,
including bus stops, shelters, passenger waiting areas and bus layover and
staging zones, except at existing bicycle racks;
(ii) Loading zones;
(iii) Disabled parking zone;
(iv) Street furniture that requires pedestrian access, such as
benches, parking pay stations, bus shelters, transit information signs, etc.;
(v) Curb ramps;
(vi) Entryways; and
(vii) Driveways;
(e) Prohibit the parking of standup electric scooters that block the pedestrian clear zone area of the sidewalk; any fire hydrant, call box or other emergency facility; bus bench; or utility pole or box;
(f) Prohibit the parking of standup electric scooters in such a manner as to impede or interfere with the reasonable use of any commercial window display or access to or from any building;
(g) Prohibit the parking of standup electric scooters on a nonhard surface, if a parking location not in violation of this section on a hard surface is available within fifty (50) feet;
(h) Prohibit the parking of standup electric scooters on designated streets, roadways, paths, sidewalks or other public spaces by erecting signs indicating such prohibitions and establishing designated parking areas within reasonable walking distance, provided that the local governing authority determines, based on an independent environmental, traffic, and equity analysis with public comment and hearing, that parking of any number of standup electric scooters upon such streets, roadways, paths, sidewalks, or other public spaces is incompatible with the normal and safe flow of vehicular or pedestrian traffic thereon; and
(i) Promulgate penalties for violations of this subsection.
(3) A local governing authority may require persons offering standup electric scooters for hire to be licensed pursuant to subsection (4) of this section and may limit the number of such licenses, provided that in the absence of any licensing ordinance or regulation, a person may offer standup electric scooters for hire in compliance with this chapter and all applicable local laws. A local governing authority may further prohibit the offering of standup electric scooters for hire and/or limit the maximum fleet size of any or all licensees to zero, pursuant to subsection (4)(b)(i) of this section.
(4) An application for licensure under subsection (3) of this section shall require the applicant to:
(a) Maintain a minimum starting fleet size of at least one (1) standup electric scooter per each one hundred (100) residents under the jurisdiction of the local governing authority, or five hundred (500) standup electric scooters, whichever is greater;
(b) Increase and decrease maximum fleet size in response to utilization:
(i) A licensee's maximum fleet size shall be increased if the licensee provides verified data demonstrating that the utilization of its existing fleet of standup electric scooters within the local governing authority's jurisdiction maintains an average of two (2) or more rides per scooter per day; provided, that a local governing authority may establish a lower maximum fleet size (including zero) for all licensees if it determines, based on an independent environmental, traffic and equity analysis with public comment and hearing, that the operation of any greater number of standup electric scooters would be incompatible with the normal and safe flow of vehicular or pedestrian traffic on its roadways and would present a clear public safety hazard, and that no reasonable alternative exists that is less restrictive to mobility, economic equity, and environmental sustainability;
(ii) A licensee's maximum fleet size shall be decreased if the licensee provides verified data demonstrating that the utilization of the licensee's existing fleet within the local governing authority's jurisdiction is less than an average of one-half (1/2) ride per scooter per day, provided that the local governing authority may exclude from this calculation any standup electric scooters that are specifically designated for disadvantaged and/or underserved populations;
(c) Post a bond and/or obtain commercial insurance in an amount not to exceed Two Million Dollars ($2,000,000.00);
(d) Maintain twenty-four-hour customer support, a multilingual website, and an ADA-compliant application and customer service interface;
(e) Respond within twenty-four (24) hours to complaints of improperly parked, malfunctioning or damaged standup electric scooters, and pay any fees associated with violations of this paragraph;
(f) Make unavailable any standup electric scooter reported as damaged or unsafe, and repair such standup electric scooter before placing it back into service;
(g) Coordinate with the local governing authority to ensure removal or relocation of standup electric scooters during emergencies or severe weather;
(h) Provide appropriate notice to riders of safety guidelines, including the following:
(i) Standup electric scooters must be operated on roadways and, where available, on bike lanes and bike paths, as close as practicable to the right-hand curb or right edge of the roadway when being operated upon a highway at a speed less than the normal speed of traffic moving in the same direction at that time, or on the left-hand curb or left edge of the roadway on a one-way street;
(ii) Standup electric scooters may not be operated upon a sidewalk, except as may be necessary to enter or leave adjacent property;
(iii) Standup electric scooters may not be parked lying on their side on any sidewalk, or on a sidewalk in any other position so that there is not an adequate path for pedestrian traffic;
(i) Require riders to take a picture of their parked standup electric scooter, or provide other similar evidence of proper parking;
(j) Require riders to provide a driver's license or other government-issued identification demonstrating proof of age sufficient to operate a motor vehicle; and
(k) Use reasonable efforts to ensure transportation equity and wide availability of standup electric scooters.
(5) In addition to the requirements of subsection (4) of this section, a local governing authority may additionally elect to regulate the operation of licensees offering standup electric scooters for hire in any or all of the following ways, provided that any such regulation is not in conflict with this chapter:
(a) Require licensees to provide to the local governing authority anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of the local governing authority on any vehicle provided by licensee or any company controlled by, controlling, or under common control with licensee, provided that:
(i) Such data is provided via an application programming interface complying with the format requirements of the Mobility Data Specification and subject to licensees' license agreement for such interface;
(ii) Any such data provided shall be treated as trade secret and proprietary business information, shall not be shared to third parties without the licensee's consent, and shall not be treated as owned by the local governing authority;
(b) Require licensees to electronically enforce speed limits on standup electric scooters pursuant to subsections (1)(c) and (1)(d) of this section;
(c) Provide incentives to licensees for meeting certain predefined, objective transportation equity targets;
(d) Require licensees to provide subsidies for low-income riders, with the cost of such subsidies to be shared between the licensee and the local governing authority;
(e) Require indemnification of the local governing authority for liability, claims, demands, costs, losses or damages, resulting from and arising out of the licensee's operations of its standup electric scooters, except for liability, claims, demands, costs, losses or damages resulting from and arising out of the local governing authority's negligence or willful misconduct.
SECTION 2. Section 21-37-3, Mississippi Code of 1972, is amended as follows:
21-37-3. (1) Except as otherwise provided in subsection (2) of this section, the governing authorities of municipalities shall have the power to exercise full jurisdiction in the matter of streets, sidewalks, sewers, and parks; to open and lay out and construct the same; and to repair, maintain, pave, sprinkle, adorn, and light the same.
(2) Section * * * 63-3-208,
shall govern the use of electric personal assistive mobility devices and
standup electric scooters (as defined in Section 63-3-103) on streets and
sidewalks.
SECTION 3. Section 27-19-3, Mississippi Code of 1972, is amended as follows:
27-19-3. (a) The following words and phrases when used in this article for the purpose of this article have the meanings respectively ascribed to them in this section, except in those instances where the context clearly describes and indicates a different meaning:
(1) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by muscular power or used exclusively upon stationary rails or tracks.
(2) "Commercial vehicle" means every vehicle used or operated upon the public roads, highways or bridges in connection with any business function.
(3) "Motor vehicle" means every vehicle as defined in this section which is self-propelled, including trackless street or trolley cars. The term "motor vehicle" shall not include electric personal assistive mobility devices or standup electric scooters as defined in Section 63-3-103.
(4) "Tractor" means every vehicle designed, constructed or used for drawing other vehicles.
(5) "Motorcycle" means every vehicle designed to travel on not more than three (3) wheels in contact with the ground, except vehicles included within the term "tractor" as herein classified and defined.
(6) "Truck tractor" means every motor vehicle designed and used for drawing other vehicles and so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn and has a gross vehicle weight (GVW) in excess of ten thousand (10,000) pounds.
(7) "Trailer" means every vehicle without motive power, designed to carry property or passengers wholly on its structure and which is drawn by a motor vehicle.
(8) "Semitrailer" means every vehicle (of the trailer type) so designed and used in conjunction with a truck tractor.
(9) "Foreign vehicle" means every motor vehicle, trailer or semitrailer, which shall be brought into the state otherwise than by or through a manufacturer or dealer for resale and which has not been registered in this state.
(10) "Pneumatic tires" means all tires inflated with compressed air.
(11) "Solid rubber tires" means every tire made of rubber other than pneumatic tires.
(12) "Solid tires" means all tires, the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
(13) "Person" means every natural person, firm, copartnership, corporation, joint-stock or other association or organization.
(14) "Owner" means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale, lease or transfer of the possession, the person with the right of purchase upon performance of conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee, lessee, possessor or in the event such or similar transaction is had by means of a mortgage, and the mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee, possessor or mortgagor shall be deemed the owner for the purposes of this article.
(15) "School bus" means every motor vehicle engaged solely in transporting school children or school children and teachers to and from schools; however, such vehicles may transport passengers on weekends and legal holidays and during summer months between the terms of school for compensation when the transportation of passengers is over a route of which not more than fifty percent (50%) traverses the route of a common carrier of passengers by motor vehicle and when no passengers are picked up on the route of any such carrier.
(16) "Dealer" means every person engaged regularly in the business of buying, selling or exchanging motor vehicles, trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor vehicles in this state, and having an established place of business in this state.
(17) "Highway" means and includes every way or place of whatever nature, including public roads, streets and alleys of this state generally open to the use of the public or to be opened or reopened to the use of the public for the purpose of vehicular travel, and notwithstanding that the same may be temporarily closed for the purpose of construction, reconstruction, maintenance or repair.
(18) "State Tax Commission," "commission" or "department" means the Commissioner of Revenue of the Department of Revenue of this state, acting directly or through his duly authorized officers, agents, representatives and employees.
(19) "Common carrier by motor vehicle" means any person who or which undertakes, whether directly or by a lease or any other arrangement, to transport passengers or property or any class or classes of property for the general public in interstate or intrastate commerce on the public highways of this state by motor vehicles for compensation, whether over regular or irregular routes. The term "common carrier by motor vehicle" shall not include passenger buses operating within the corporate limits of a municipality in this state or not exceeding five (5) miles beyond the corporate limits of the municipality, and hearses, ambulances, and school buses as such. In addition, this definition shall not include taxicabs.
(20) "Contract carrier by motor vehicle" means any person who or which under the special and individual contract or agreements, and whether directly or by a lease or any other arrangement, transports passengers or property in interstate or intrastate commerce on the public highways of this state by motor vehicle for compensation. The term "contract carrier by motor vehicle" shall not include passenger buses operating wholly within the corporate limits of a municipality in this state or not exceeding five (5) miles beyond the corporate limits of the municipality, and hearses, ambulances, and school buses as such. In addition, this definition shall not include taxicabs.
(21) "Private commercial and noncommercial carrier of property by motor vehicle" means any person not included in the terms "common carrier by motor vehicle" or "contract carrier by motor vehicle," who or which transports in interstate or intrastate commerce on the public highways of this state by motor vehicle, property of which such person is the owner, lessee, or bailee, other than for hire. The term "private commercial and noncommercial carrier of private property by motor vehicle" shall not include passenger buses operated wholly within the corporate limits of a municipality of this state, or not exceeding five (5) miles beyond the corporate limits of the municipality, and hearses, ambulances, and school buses as such. In addition, this definition shall not include taxicabs.
Haulers of fertilizer shall be classified as private commercial carriers of property by motor vehicle.
(22) "Private carrier of passengers" means all other passenger motor vehicle carriers not included in the above definitions. The term "private carrier of passengers" shall not include passenger buses operating wholly within the corporate limits of a municipality in this state, or not exceeding five (5) miles beyond the corporate limits of the municipality, and hearses, ambulances, and school buses as such. In addition, this definition shall not include taxicabs.
(23) "Operator" means any person, partnership, joint-stock company or corporation operating on the public highways of the state one or more motor vehicles as the beneficial owner or lessee.
(24) "Driver" means the person actually driving or operating such motor vehicle at any given time.
(25) "Private carrier of property" means any person transporting property on the highways of this state as defined below:
( * * *i) Any person, or any employee of such
person, transporting farm products, farm supplies, materials and/or equipment
used in the growing or production of his own agricultural products in his own
truck.
( * * *ii) Any person transporting his own
fish, including shellfish, in his own truck.
( * * *iii) Any person, or any employee of
such person, transporting unprocessed forest products, or timber harvesting
equipment wherein ownership remains the same, in his own truck.
(26) "Taxicab" means any passenger motor vehicle for hire with a seating capacity not greater than ten (10) passengers. For purposes of this paragraph (26), seating capacity shall be determined according to the manufacturer's suggested seating capacity for a vehicle. If there is no manufacturer's suggested seating capacity for a vehicle, the seating capacity for the vehicle shall be determined according to regulations established by the Department of Revenue.
(27) "Passenger coach" means any passenger motor vehicle with a seating capacity greater than ten (10) passengers, operating wholly within the corporate limits of a municipality of this state or within five (5) miles of the corporate limits of the municipality, or motor vehicles substituted for abandoned electric railway systems in or between municipalities. For purposes of this paragraph (27), seating capacity shall be determined according to the manufacturer's suggested seating capacity for a vehicle. If there is no manufacturer's suggested seating capacity for a vehicle, the seating capacity for the vehicle shall be determined according to regulations established by the Department of Revenue.
(28) "Empty weight" means the actual weight of a vehicle including fixtures and equipment necessary for the transportation of load hauled or to be hauled.
(29) "Gross weight" means the empty weight of the vehicle, as defined herein, plus any load being transported or to be transported.
(30) "Ambulance and hearse" shall have the meaning generally ascribed to them. A hearse or funeral coach shall be classified as a light carrier of property, as defined in Section 27-51-101.
(31) "Regular seats" means each seat ordinarily and customarily used by one (1) passenger, including all temporary, emergency, and collapsible seats. Where any seats are not distinguished or separated by separate cushions and backs, a seat shall be counted for each eighteen (18) inches of space on such seats or major fraction thereof. In the case of a regular passenger-type automobile which is used as a common or contract carrier of passengers, three (3) seats shall be counted for the rear seat of such automobile and one (1) seat shall be counted for the front seat of such automobile.
(32) "Ton" means two thousand (2,000) pounds avoirdupois.
(33) "Bus" means any passenger vehicle with a seating capacity of more than ten (10) but shall not include "private carrier of passengers" and "school bus" as defined in paragraphs (15) and (22) of this section. For purposes of this paragraph (33), seating capacity shall be determined according to the manufacturer's suggested seating capacity for a vehicle. If there is no manufacturer's suggested seating capacity for a vehicle, the seating capacity for the vehicle shall be determined according to regulations established by the Department of Revenue.
(34) "Corporate fleet" means a group of two hundred (200) or more marked private carriers of passengers or light carriers of property, as defined in Section 27-51-101, trailers, semitrailers, or motor vehicles in excess of ten thousand (10,000) pounds gross vehicle weight, except for those vehicles registered for interstate travel, owned or leased on a long-term basis by a corporation or other legal entity. In order to be considered marked, the motor vehicle must have a name, trademark or logo located either on the sides or the rear of the vehicle in sharp contrast to the background, and of a size, shape and color that is legible during daylight hours from a distance of fifty (50) feet.
(35) "Individual fleet" means a group of five (5) or more private carriers of passengers or light carriers of property, as defined in Section 27-51-101, owned or leased by the same person and principally garaged in the same county.
(36) "Trailer fleet" means a group of fifty (50) or more utility trailers each with a gross vehicle weight of six thousand (6,000) pounds or less.
(b) (1) No lease shall be recognized under the provisions of this article unless it shall be in writing and shall fully define a bona fide relationship of lessor and lessee, signed by both parties, dated and be in the possession of the driver of the leased vehicle at all times.
(2) Leased vehicles shall be considered as domiciled at the place in the State of Mississippi from which they operate in interstate or intrastate commerce, and for the purposes of this article shall be considered as owned by the lessee, who shall furnish all insurance on the vehicles and the driver of the vehicles shall be considered as an agent of the lessee for all purposes of this article.
SECTION 4. Section 27-51-5, Mississippi Code of 1972, is amended as follows:
27-51-5. The subject words and terms of this section, for the purpose of this chapter, shall have meanings as follows:
(a) "Motor vehicle" means any device and attachments supported by one or more wheels which is propelled or drawn by any power other than muscular power over the highways, streets or alleys of this state. The term "motor vehicle" shall not include electric personal assistive mobility devices or standup electric scooters as defined in Section 63-3-103. However, mobile homes which are detached from any self-propelled vehicles and parked on land in the state are hereby expressly exempt from the motor vehicle ad valorem taxes, but house trailers which are actually in transit and which are not parked for more than an overnight stop are not exempted.
(b) "Public highway" means and includes every way or place of whatever nature, including public roads, streets and alleys of this state generally open to the use of the public or to be opened or reopened to the use of the public for the purpose of vehicular travel, notwithstanding that the same may be temporarily closed for the purpose of construction, reconstruction, maintenance, or repair.
(c) "Administrator of the road and bridge privilege tax law" means the official authorized by law to administer the road and bridge privilege tax law of this state.
SECTION 5. Section 63-3-103, Mississippi Code of 1972, is amended as follows:
63-3-103. (a) "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.
(b) "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 or standup electric scooters.
(c) "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 * * * subsection (j) of this * * * section.
(d) "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.
(e) "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.
(f) "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.
(g) "Motor home" means a motor vehicle that is designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use.
(h) "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.
(i) "Autocycle" means a three-wheel motorcycle with a steering wheel, nonstraddle seating, rollover protection and seat belts.
(j) "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.
(k) "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.
(l) "Standup electric scooter" means a device with no more than two (2) wheels that has handlebars, is designed to be stood upon by the user, and is powered by an electric motor that is capable of propelling the device with or without human propulsion at a speed no more than twenty (20) miles per hour on a paved level surface.
SECTION 6. Section 63-3-208, Mississippi Code of 1972, is amended as follows:
63-3-208. An electric personal assistive mobility device or standup electric scooter as defined in Section 63-3-103, may be operated:
(a) On a marked bicycle path;
(b) On any street or road where bicycles are permitted; or
(c) 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.
SECTION 7. Section 63-3-901, Mississippi Code of 1972, is amended as follows:
63-3-901. (1) 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, except that a bicycle or standup electric scooter may park on a sidewalk in a manner not impeding the normal or reasonable movement of pedestrian or other traffic;
b. In front of a public or private driveway;
c. Within an intersection;
d. Within ten (10) feet of a fire hydrant;
e. On a crosswalk;
f. Within twenty (20) feet of a crosswalk at an intersection;
g. Within thirty (30) 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 (30) 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 (15) feet of the nearest rail of a railroad crossing;
j. Within twenty (20) 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 (75) 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;
l. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
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.
(2) 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.
SECTION 8. Section 63-7-9, Mississippi Code of 1972, is amended as follows:
63-7-9. Except as may otherwise be provided in this chapter, the provisions of this chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, standup electric scooters or farm tractors.
SECTION 9. Section 63-15-3, Mississippi Code of 1972, is amended as follows:
63-15-3. The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(a) "Highway" means the entire width between property lines of any road, street, way, thoroughfare or bridge in the State of Mississippi not privately owned or controlled, when any part thereof is open to the public for vehicular traffic and over which the state has legislative jurisdiction under its police power.
(b) "Judgment" means any judgment which shall have become final by expiration, without appeal, of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.
(c) "Motor vehicle" means every self-propelled vehicle (other than traction engines, road rollers and graders, tractor cranes, power shovels, well drillers, implements of husbandry, standup electric scooters and electric personal assistive mobility devices as defined in Section 63-3-103) which is designed for use upon a highway, including trailers and semitrailers designed for use with such vehicles, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.
For purposes of this definition, "implements of husbandry" shall not include trucks, pickup trucks, trailers and semitrailers designed for use with such trucks and pickup trucks.
(d) "License" means any driver's, operator's, commercial operator's, or chauffeur's license, temporary instruction permit or temporary license, or restricted license, issued under the laws of the State of Mississippi pertaining to the licensing of persons to operate motor vehicles.
(e) "Nonresident" means every person who is not a resident of the State of Mississippi.
(f) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of Mississippi pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in the State of Mississippi.
(g) "Operator" means every person who is in actual physical control of a motor vehicle.
(h) "Owner" means a person who holds the legal title of a motor vehicle; in the event a motor 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.
(i) "Person" means every natural person, firm, copartnership, association or corporation.
(j) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident, and subject to said limit for one (1) person, in the amount of Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one (1) accident. Liability insurance required under this paragraph (j) may contain exclusions and limitations on coverage as long as the exclusions and limitations language or form has been filed with and approved by the Commissioner of Insurance.
(k) "Registration" means a certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles.
(l) "Department" means the Department of Public Safety of the State of Mississippi, acting directly or through its authorized officers and agents, except in such sections of this chapter in which some other state department is specifically named.
(m) "State" means any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
SECTION 10. Section 63-7-13, Mississippi Code of 1972, is amended as follows:
63-7-13. (1) Headlamps on motor vehicles. Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) headlamps with at least one (1) on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in Section 63-7-31.
(2) Headlamps on motorcycles. Every motorcycle shall be equipped with at least one (1) and not more than two (2) headlamps which shall comply with the requirements and limitations set forth in Section 63-7-31.
(3) Rear lamps. Every motor vehicle, trailer, semitrailer, pole trailer and any other vehicle which is being drawn in a train of vehicles shall be equipped with at least one (1) rear lamp mounted on the rear, which, when lighted, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear. However, any antique automobile, as defined under Section 27-19-47, and any street rod, as defined under Section 27-19-56.6, may be equipped with one or more rear lamps that have been modified to emit a blue, violet or purple light resembling rear lamps appearing on some American automobiles originally manufactured in the 1940s and 1950s.
Either a rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly readable from a distance of fifty (50) feet to the rear. Any rear lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps, cowl lamps or fender lamps are lighted.
(4) Lamps on bicycles and standup electric scooters. Every bicycle and standup electric scooter shall be equipped with a lighted white lamp on the front thereof visible under normal atmospheric conditions from a distance of at least five hundred (500) feet in front of such bicycle and shall also be equipped with a reflex mirror reflector or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least five hundred (500) feet to the rear of such bicycle.
(5) Lights on other vehicles. All vehicles not required in this chapter to be equipped with special lighted lamps shall carry one or more lights, lamps or lanterns displaying a white light, visible under normal atmospheric conditions from a distance of not less than five hundred (500) feet to the front of such vehicle and shall display a reflex reflector or red light visible under like conditions from a distance of not less than three hundred (300) feet to the rear of such vehicle.
SECTION 11. Section 63-7-51, Mississippi Code of 1972, is amended as follows:
63-7-51. (1) Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
(2) Every motorcycle, standup electric scooter and bicycle with motor attached, when operated upon a highway shall be equipped with at least one (1) brake, which may be operated by hand or foot.
(3) Every trailer carrying over one (1) ton, when operated upon a highway, shall be equipped with brakes adequate to control the movement thereof and to stop and to hold such vehicle, and so designed to be applied by the driver of the towing motor vehicle from its cab; said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied.
(4) Every new motor vehicle, except a motorcycle, hereafter sold in this state and operated upon the highways, and every new trailer, except a trailer of two (2) axles of less than two thousand (2,000) pounds gross towed by an automobile, hereafter sold in this state and operated upon the highways, shall be equipped with service brakes upon all wheels of every such vehicle.
SECTION 12. Section 63-7-65, Mississippi Code of 1972, is amended as follows:
63-7-65. (1) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet. The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn upon a highway. No horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.
(2) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the department. No such siren shall be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound such siren when necessary to warn pedestrians and other drivers of the approach thereof.
(3) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section. No bicycle or standup electric scooter shall be equipped with nor shall any person use upon a bicycle or standup electric scooter any siren or whistle.
(4) Any vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
SECTION 13. Section 63-3-211, Mississippi Code of 1972, is amended as follows:
63-3-211. ( * * *1) 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:
* * *(a) Regulating the standing or
parking of vehicles;
* * *(b) Regulating traffic by means of
police officers or traffic control signals;
* * *(c) Regulating or prohibiting
processions or assemblages on the highways;
* * *(d) Designating particular highways
as one-way highways and requiring that all vehicles thereon be moved in one
specific direction;
* * *(e) Regulating the speed of vehicles
in public parks;
* * *(f) 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;
* * *(g) Restricting the use of highways
as authorized in Chapter 5 of this title * * *; or
(h) Regulating standup electric scooters as authorized by Section 63-3-214.
( * * *2) No ordinance or regulation enacted
under * * * paragraph d, e, f, or g 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.
SECTION 14. This act shall take effect and be in force from and after July 1, 2019.
