Miss. Code Ann. § 77-7-1 Short title.
This chapter may be cited as the “Mississippi Motor Carrier Regulatory Law of 1938.”
MCA Chapter 7
MCA Chapter 7
in effectMiss. Code Ann. § 77-7-3 Declaration of public policy; application of chapter.
It is hereby declared to be the policy of the legislature to regulate motor carriers in the public interest to the end that the safety and welfare of the public in its use of the highways and of the transportation agencies by motor vehicle used thereon may be practiced; that the property of the state in its highways may be protected from unreasonable, improper and excessive use; that the inherent advantages of highway transportation may be recognized and preserved; that sound economic conditions in such transportation and among such carriers may be fostered; that the service by motor carriers may be adequate, economical, and efficient; that reasonable charges may be made therefor, without unjust discriminations, undue preferences or advantages, and unfair or destructive competitive practices; that relations between motor carriers and other carriers may be improved and coordinated; and that cooperation may be maintained with the governments of the United States and the several states, and with their duly authorized officials in carrying out the purposes and provisions of this chapter. This chapter shall apply to persons and motor vehicles engaged in interstate commerce to the extent permitted by the Constitution and laws of the United States and as provided herein.
Miss. Code Ann. § 77-7-5 Construction of chapter.
Nothing in this chapter shall be construed to relieve any person from the payment of any licenses, fees, taxes or levies now or hereafter imposed by law. Nothing in this chapter shall apply to transportation network companies or transportation network company drivers as defined in Section 77-8-1 or any activity regulated in Chapter 8, Title 77. Neither this chapter nor any provision thereof shall apply or be construed to apply to commerce with foreign nations, or commerce among the several states of the union, except insofar as the same may be permitted under the provisions of the Constitution of the United States and the Acts of Congress.
Miss. Code Ann. § 77-7-7 Definitions.
Whenever used in this chapter unless expressly stated otherwise:
The term “person” means individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof.
The term “commission” means the Mississippi Transportation Commission.
The term “highway” means every public highway or place of whatever nature open to the use of the public for purposes of vehicle travel in this state, including the streets and alleys in towns and cities.
The term “motor vehicle” and “vehicle” means any vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property; such term, however, does not include any vehicle, locomotive or car operated exclusively on a rail or rails.
The term “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 household goods.
The term “contract carrier by motor vehicle” means any person, not included under subsection (e) of this section, who or which, under special and individual contracts or agreements, and whether directly or by a lease or any other arrangement, transports passengers or household goods.
The term “restricted motor carrier” means all carriers of property, except household goods, by motor vehicle for compensation.
The “services” and “transportation” to which this chapter applies include all vehicles operated by, for or in the interest of any motor carrier irrespective of ownership or contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or property or in the performance of any service in connection therewith.
The term “certificate” means a certificate of public convenience and necessity issued by the commission to common carriers by motor vehicle and restricted common carriers by motor vehicle under this chapter.
The term “permit” means a permit issued by the commission to contract carriers by motor vehicle under this chapter.
The term “interstate permit” means a permit issued under the terms of this chapter to the holder of a certificate of public convenience and necessity, a permit, or other operating authority from the U.S. Department of Transportation.
The term “owner” or “operator” and “owner and operator” means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof, to whom or to which a certificate of convenience and necessity or permit or interstate permit has been issued by the commission.
The term “vanpooling” means a nonprofit arrangement entered into to provide for the transportation of persons to and from their places of employment utilizing a motor vehicle manufactured primarily for the transporting of not less than eight (8) nor more than fifteen (15) people, and where the costs of operating said vehicle, including reasonable vehicle depreciation costs, are paid for by those people utilizing such arrangement.
The term “gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
The term “gross combination weight rating (GCWR)” means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
Miss. Code Ann. § 77-7-9 Qualifications upon definition of “common carrier by motor vehicle” and “contract carrier by motor vehicle.”
The term “common carrier by motor vehicle,” as defined in subsection (e) of Section 77-7-7, and the term “contract carrier by motor vehicle,” as defined in subsection (f) of Section 77-7-7, shall not include:
Motor vehicles employed to transport school children and teachers; motor vehicles transporting people where not more than seven (7) passengers are carried; motor vehicles used for transporting workers to and from any factory, railroad shop, mill or agricultural enterprise located in this state; and motor vehicles used in vanpooling as the term is defined in subsection (m) of Section 77-7-7.
Trolley buses operated by electric power derived from fixed overhead wire, furnishing local passenger transportation similar to street railway service.
Motor vehicles engaged exclusively in hauling for the Mississippi Department of Transportation, or for any county, city or town in this state.
Motor vehicles engaged in the transportation of passengers and household goods wholly within a municipality, except when the transportation is under a common control, management or arrangement for a continuous carriage or shipment to or from a point without the municipality, municipalities or zone.
Motor vehicles operated by a bona fide regularly licensed merchant, manufacturer or dealer in this state transporting merchandise or other commodities owned by the merchant, manufacturer or dealer in his or her own motor vehicle.
Buses. Motor vehicles owned or chartered by all schools and colleges, religious or charitable associations or institutions, or governmental agencies, when used to convey their athletic teams, orchestras, or other scholastic, religious or charitable organizations or employees on temporary trips through or in this state, and motor vehicles transporting students on guided tours through or in this state. This exemption shall not be construed to apply to motor vehicles or buses transporting persons that operate on a fixed schedule through this state for compensation or for hire.
Any person, who by lease or otherwise permits the use of a motor vehicle or vehicles by others, and who furnishes in connection therewith a driver or drivers, either directly or indirectly, or in any manner whatsoever exercises any control, or assumes any responsibility over the operation of the vehicle or vehicles, other than furnishing necessary maintenance during the period of the lease or other device, shall be deemed a “common carrier by motor vehicle,” or “contract carrier by motor vehicle” or “restricted motor carrier.”
Miss. Code Ann. § 77-7-11 Obedience to chapter required.
No motor carrier shall operate any motor vehicle for the transportation of passengers or property for compensation on any highway in this state, except in accordance with the provisions of this chapter, and every such motor carrier is hereby declared to be subject to control, supervision and regulation by the commission. Nothing in this chapter shall confer any proprietary or property rights in the use of the public highways.
Miss. Code Ann. § 77-7-13 Powers and duties of commission.
It shall be the duty of the commission and the commission shall have the power: To regulate common carriers by motor vehicle and contract carriers by motor vehicle not exempted in this chapter, doing business in this state, and to that end, the commission may establish reasonable requirements with respect to continuous and adequate service, transportation of baggage and express, uniform system of accounts, records and reports, preservation of records, and safety of operation and equipment, including maximum hours of service of employees. For the purpose of carrying out the provisions of this chapter, to avail itself of the special information of the Mississippi Transportation Commission in promulgating safety requirements and in considering applications for certificates or permits with particular reference to conditions of the public highway or highways involved, and the ability of the said public highway or highways to carry added traffic; the Mississippi Transportation Commission upon request of the commission shall furnish such information. To administer, execute and enforce all other provisions of this chapter, to make necessary orders in connection therewith, and to prescribe rules, regulations and procedure for such administration. To inquire into the organization of motor carriers, and into the management of their businesses, to keep itself informed as to the manner and method in which the same is conducted, and to transmit to the Legislature, from time to time, such recommendations as to additional legislation relating to such carriers as the commission may deem necessary. The commission may from time to time establish such just and reasonable classifications of groups of carriers included in the terms “common carrier by motor vehicle” and “contract carrier by motor vehicle,” as the special nature of the services performed by such carriers shall require, and the commission may from time to time establish such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or desirable in the public interest. The commission may from time to time enter into joint and cooperative agreements with other governmental agencies in regard to safety, forms, operating procedures and regulatory jurisdiction. The rules, regulations, requirements and classifications adopted in pursuance to the power and duty of the commission by this section granted and imposed shall conform as nearly as practicable to the rules, regulations, requirements and classifications promulgated by the Interstate Commerce Commission, the United States Department of Transportation, or any other appropriate governmental agency. The commission shall not have the duty nor the power to regulate the rates of common carriers by motor vehicle which undertake, whether directly or by a lease or any other arrangement, to transport household goods. The commission shall not have the duty nor the power to regulate the rates of contract carriers by motor vehicle, who or which, under special and individual contract or agreements, and whether directly or by a lease or any other arrangement, transport household goods.
Miss. Code Ann. § 77-7-15 Promulgation of order, rules, regulations and requirements by commission.
The commission shall prescribe, issue, amend and rescind such reasonable rules and regulations as may be reasonably necessary or appropriate to carry out the provisions of this chapter. No rule or regulation shall be effective until thirty (30) days after copies of the proposed rule or regulation have been mailed to intrastate motor carriers affected thereby and until a notice, setting forth the terms or substance thereof and the time and place of a hearing thereon, has been published in a newspaper or newspapers of general circulation in the state and filed with the Secretary of State pursuant to the Mississippi Administrative Procedures Law. Such hearing may be held at any time after twenty (20) days following the date of publication of such notice, but such rules or regulations shall not become effective until a hearing thereon. The commission may make its initial set of rules and regulations effective at the end of such thirty-day period, subject to review thereof. All rules and regulations of the commission shall be filed with its secretary and shall be readily available for public inspection and examination during reasonable business hours. Any interested person shall have the right to petition the commission for issuance, amendment or repeal of a rule or regulation.
Miss. Code Ann. § 77-7-16 Supervision and inspection of safe operation and use of certain motor vehicles.
Supervision and inspection of the safe operation and the safe use of equipment of motor vehicles operating in the state shall be a specified duty of the Mississippi Transportation Commission and the Motor Carrier Division of the Mississippi Highway Safety Patrol within the Mississippi Department of Public Safety. In accordance therewith, the Mississippi Transportation Commission shall promulgate as its own the rules, regulations, requirements and classifications of the United States Department of Transportation or any successor federal agency thereof charged with the regulation of motor vehicle safety and, along with the Motor Carrier Division of the Mississippi Highway Safety Patrol, shall enforce such rules, regulations, requirements and classifications. The Department of Public Safety shall provide training to its law enforcement officers and to law enforcement officers of the Mississippi Department of Transportation charged with the duty of enforcing the Mississippi Motor Carrier Regulatory Law of 1938 to the extent that funds are made available and training is approved under the Motor Carrier Safety Assistance Program of the Federal Motor Carrier Safety Administration. The Mississippi Transportation Commission shall establish a system of reciprocity with other states to facilitate the inspection of motor vehicles provided for in this subsection. The Mississippi Transportation Commission and the Motor Carrier Division of the Mississippi Highway Safety Patrol within the Mississippi Department of Public Safety shall have the authority to inspect for safe operation and safe use of equipment the following motor vehicles: Each holder of a certificate of convenience and necessity, a permit to operate as a contract carrier or interstate permit; Any individual, corporation or partnership engaged in a commercial enterprise operating a single motor vehicle or those in combination with a manufacturer’s gross vehicle rating of more than ten thousand (10,000) pounds; and Any individual, corporation or partnership operating a motor vehicle of any gross weight transporting hazardous material that requires placarding under the Federal Hazardous Material Regulations. This section shall not apply to the following: Motor vehicles employed to transport school children and teachers; Motor vehicles owned and operated by the United States, District of Columbia or any state or any municipality or any other political subdivision of this state; Motor vehicles engaged in the occasional transportation of personal property without compensation by individuals which is not in the furtherance of a commercial enterprise; Motor vehicles engaged in the transportation of human corpses or sick or injured persons; Motor vehicles engaged in emergency or related operations; Motor vehicles engaged in the private transportation of passengers; Motor vehicles, including pick-up trucks, that have a GVWR or GCWR of Twenty-six Thousand (26,000) pounds or less, operating intrastate only, provided that such vehicle does not: Transport hazardous material requiring a placard; or Transport sixteen (16) or more passengers, including the driver. Motor vehicles owned and operated by any farmer who: Is using the vehicle to transport agricultural products from a farm owned by the farmer, or to transport farm machinery or farm supplies to or from a farm owned by the farmer; Is not using the vehicle to transport hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Federal Hazardous Material Regulations in CFR 49 part 177.823; and Is using the vehicle within one hundred fifty (150) air miles of the farmer’s farm, and the vehicle is a private motor carrier of property. Motor vehicles engaged in the transportation of logs and pulpwood between the point of harvest and the first point of processing the harvested product; Motor vehicles engaged exclusively in hauling gravel, soil or other unmanufactured road building materials; As to hours of service only, utility service vehicles owned or operated by public utilities subject to regulation by the commission, while in intrastate commerce within this state, with a manufacturer’s gross vehicle rating of less than twenty-six thousand one (26,001) pounds, unless the vehicle: Transports hazardous materials requiring a placard; or Is designed or used to transport sixteen (16) or more people, including the driver. Anyone who violates or fails to comply with this section shall be subject to the penalties as provided for in Section 77-7-311, Mississippi Code of 1972.
Miss. Code Ann. § 77-7-17 Prohibited interests of commissioners and employees.
No member of the commission, and no employee of the commission appointed or employed in the administration of this chapter, shall in any manner have pecuniary interest in, own any securities of, or hold any position with any motor carrier.
Miss. Code Ann. § 77-7-19 Repealed.
Repealed by Laws, 1993, ch. 561, § 22, eff from and after October 1, 1993.
[Codes, 1942, § 7669; Laws, 1938, ch. 142]
Miss. Code Ann. § 77-7-21 Engagement in intrastate operation by restricted motor carriers.
No restricted motor carrier not exempted in this chapter shall engage in intrastate operation on any highway within the state unless such carrier is in compliance with the requirements of the laws and regulations of the commission.
Miss. Code Ann. § 77-7-23 Promulgation of regulations governing restricted motor carriers.
The commission shall promulgate rules, regulations and procedures for the regulation of minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization, safety of operations and appointment of agents of service of process for restricted motor carriers.
Miss. Code Ann. § 77-7-25 Exemption of certain commercial motor vehicles from federal regulations; exceptions.
Notwithstanding the provisions of this chapter to the contrary, Parts 390 through 397, Title 49, Code of Federal Regulations, shall not apply to commercial motor vehicles operated in intrastate commerce to transport property which have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand (26,000) pounds or less. The exception provided by this section shall not apply to vehicles transporting hazardous materials required to be placarded, or to vehicles designed to transport sixteen (16) or more passengers, including the driver, as defined in Title 49 of the Code of Federal Regulations.
Miss. Code Ann. § 77-7-41 Certificates of public convenience and necessity required.
No common carrier by motor vehicle not exempted in this chapter shall engage in intrastate operation on any highway within the state unless there is in force with respect to such carrier, a certificate of public convenience and necessity issued by the commission authorizing such operation. Any certificates of public convenience and necessity issued by the commission prior to March 8, 2018, are hereby ratified and adopted as valid and enforceable just as if they had been issued after March 8, 2018.
All certificates of public convenience and necessity issued under this chapter shall be exempt from ad valorem taxation.
Miss. Code Ann. § 77-7-43 Application for certificate.
Applications for a certificate shall be made in writing, shall be verified under oath, shall be in the form and shall contain the information as the commission may require.
Miss. Code Ann. § 77-7-45 Hearing on application for certificate; disposition.
Upon the filing of an application for a certificate of public convenience and necessity the commission shall notify the applicant and other parties known to have a substantial interest in the application of the time and place for a public hearing, not less than twenty (20) days prior thereto, and shall hear and determine the application within a reasonable length of time. In determining whether the certificate shall be granted, the commission shall, among other things, give due consideration to the present transportation facilities over the proposed route of the applicant, the volume of traffic over the route, the financial condition of the applicant, and the condition of the highway over the proposed route, or routes. If the commission shall find the proposed operation justified, and that the applicant is fit, willing and able to perform properly the services proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission, it shall issue a certificate to the applicant, subject to terms, limitations and restrictions as the commission may deem proper, authorizing in whole or in part the operations covered by the application. If the commission shall find the proposed operation not justified, the application shall be denied. Notwithstanding any provision of this section to the contrary, the certificate as applied for may be granted without a hearing in uncontested cases; however, the commission may hear any uncontested case if it determines that the public interest will be served thereby.
Miss. Code Ann. § 77-7-47 Temporary certificates.
If the commission should decide that an emergency exists at any time, said commission is hereby authorized and empowered to issue a temporary certificate of convenience and necessity or temporary contract carrier permit to fit applicants, and the State Tax Commission is hereby authorized to collect inspection fees and issue temporary identification credentials to any owner or operator to whom a temporary certificate of convenience and necessity or a temporary contract carrier permit has been issued by the Public Service Commission. The State Tax Commission is also hereby authorized to issue to holders of temporary certificates of convenience and necessity or temporary contract carrier permits the necessary road and bridge privilege license tax temporary permits in the same manner as temporary or seasonal permits are now issued under the provisions of Chapter 19 of Title 27, Mississippi Code of 1972. No temporary certificate of convenience and necessity or contract carrier permit shall be issued by the commission for a period of time less than one (1) month or longer than six (6) months. Reissue of such certificate or permit is hereby authorized if, in the opinion of the commission, such is justified.
Miss. Code Ann. § 77-7-49 Permits required.
No contract carrier by motor vehicle, not exempted in this chapter, shall engage in intrastate operation on any highway within the state unless there is in force with respect to such carrier a permit issued by the commission, authorizing such operation.
All permits issued under this chapter shall be exempt from ad valorem taxation.
Miss. Code Ann. § 77-7-51 Application for permit; disposition.
Applications for permits shall be made to the commission in writing, shall be verified under oath, shall be in the form and contain the information as the commission may by regulation require. A permit shall be issued to any qualified applicant therefor authorizing in whole or in part, the operations covered by the application, if it appears from the applications or from any hearing held thereon, that the applicant is fit, willing, and able to perform properly the service of a contract carrier by motor vehicle, and to conform to the provisions of this chapter and the lawful requirements, rules and regulations of the commission thereunder, and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest and the policy declared in Section 77-7-3; otherwise, the application shall be denied. The commission shall specify in the permit the business of the contract carrier covered thereby, and the scope thereof, and shall attach to it, at the time of issuance, and from time to time thereafter, reasonable terms, conditions and limitations consistent with the character of the holder as a contract carrier that are necessary to carry out, with respect to the operations of the carrier, the requirements established by the commission under authority of this chapter. However, no terms, conditions or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his, or her or its equipment or facilities, within the scope of permit, as the development of the business and the demands of the public may require. Notwithstanding any provision of this section to the contrary, the certificate as applied for may be granted without a hearing in uncontested cases; however, the commission may hear any uncontested case if it determines that the public interest will be served thereby.
Miss. Code Ann. § 77-7-53 Permit, certificate of convenience and necessity, or other authority for interstate carriers; receipts.
It is unlawful for any motor carrier to use any of the public highways of this state for the transportation of persons or property, or both, in interstate commerce, without first having obtained a certificate of convenience and necessity, permit or other authority from the Interstate Commerce Commission and having obtained from the carrier’s single registration state a receipt showing that the registration fees for the State of Mississippi have been paid. Interstate motor carriers shall be held subject to rules and regulations as the commission may legally prescribe; however, it is not intended to give the commission any right or power to impose upon or exact from any applicant any general revenue tax of any nature. All interstate receipts issued under this chapter shall be exempt from ad valorem taxation.
Miss. Code Ann. § 77-7-55 Fees for certificates and permits.
Upon the filing of an application for a certificate of convenience and necessity, the applicant shall deposit with the commission as a fee, the sum of Fifty Dollars ($50.00), and for the transfer, sale, assignment or lease of such certificate, the sum of Fifty Dollars ($50.00), and for the issuance of a duplicate certificate, the sum of Two Dollars ($2.00).
Upon the filing of an application for a permit as a contract carrier, the applicant shall deposit with the commission as a fee for the issuance thereof, the sum of Fifty Dollars ($50.00), and for the issuance of a duplicate permit, the sum of Two Dollars ($2.00).
All of the fees provided for by this section shall be paid by the commission into the State Treasury to be there placed in the special fund designated by the commission. The fees herein provided for respecting applications for certificates, permits and for the approval of sale, transfer, lease or assignment may not be returned to an applicant after the application has been processed.
Miss. Code Ann. § 77-7-57 Repealed.
Repealed by Laws, 1995, ch. 338, § 21, eff from and after passage (approved March 10, 1995).
[Codes, 1942, § 7650; Laws, 1938, ch. 142]
Miss. Code Ann. § 77-7-59 Amendment, suspension and revocation of certificates and permits.
Certificates and permits shall be effective from the date specified therein, and shall remain in effect until terminated as herein provided.
Any such certificate or permit may, upon application of the holder thereof, in the discretion of the commission, be amended or revoked, in whole or in part. Any such certificate or permit may, upon complaint or upon the commission’s own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for wilful failure to comply with any provision of this chapter, or with any lawful order, rule, or regulation of the commission promulgated thereunder, or with any term, condition, or limitation of such certificate or permit. However, no such certificate or permit shall be revoked (except upon application of the holder) unless the holder thereof wilfully fails to comply, within a reasonable time, not more than ninety (90) days, to be fixed by the commission, with a lawful order of the commission, made as provided herein, commanding obedience to the provisions of this chapter, or to the lawful order, rule, or regulation of the commission thereunder, or to the term, condition, or limitation of such certificate or permit, found by the commission to have been violated by such holder.
Miss. Code Ann. § 77-7-61 Sale or transfer of certificates and permits.
It shall be lawful, under the conditions specified below, for motor carriers to sell, assign, lease or transfer certificates or permits issued to them under the provisions of this chapter. Whenever a purchase, lease, assignment or transfer is proposed under this section, the carrier or carriers or the person seeking authority therefor shall present an application to the commission in the form that may be prescribed by the commission, and thereupon the commission shall notify the applicant or applicants and other parties known to have a substantial interest in the proceedings of the time and place for a public hearing should the purchase, lease, assignment or transfer be protested or the commission otherwise requires one, not less than twenty (20) days prior thereto. If, after the hearing, the commission finds that the transaction proposed is in good faith, that the proposed assignee, lessee, purchaser or transferee is fit and able properly to perform the transportation services authorized by such certificate or permit and to comply with the rules, regulations and requirements of the commission, and that the transaction is otherwise consistent with the public interest, it may enter an order approving and authorizing sale, lease, assignment or transfer upon terms and conditions as it shall find to be just and reasonable and with modifications as it may prescribe. It shall be unlawful for any person, except as provided in this section, to accomplish or effectuate, or to participate in the accomplishing and effectuating, the sale, lease, assignment or transfer of a certificate or permit, however the result is attained. The commission is hereby authorized, upon complaint or upon its own initiative, to investigate and determine whether any person is violating the provisions of the preceding paragraph of this section. Notwithstanding any provision of this section to the contrary, the certificates as applied for may be granted without a hearing in uncontested cases; however, the commission may hear any uncontested case if it determines that the public interest will be served thereby.
Miss. Code Ann. § 77-7-81 Repealed.
Repealed by Laws, 1987, ch 309, § 6, eff from and after July 1, 1987.
[Codes, 1942, § 7653; Laws, 1938, ch. 142]
Miss. Code Ann. § 77-7-83 Insurance required of certificate holders.
Each holder of a certificate authorizing operation as a common carrier by motor vehicle, or the holder of a contract permit issued by the commission, shall keep in force at all times an insurance policy or a certificate of insurance in lieu thereof, issued by some insurance company or association or other insurer authorized to transact business in this state, or bond or bonds, to be approved by the commission, in an amount required by the commission, conditioned to pay any final judgment against the carrier for personal injuries or property damage resulting from or arising out of the use, maintenance or operation of the motor vehicles of such carrier and suffered by any member of the public or by the state or any of its political subdivisions. The amount of the insurance policy or bond required by the commission under this section shall in no case be less than the insurance requirements of the United States Department of Transportation as set out in 49 CFR part 387.
Miss. Code Ann. § 77-7-85 Insurance required of permit holders.
Each holder of a permit as a contract carrier by motor vehicle issued by the commission shall keep on file with the commission an insurance policy or a certificate of insurance in lieu thereof, issued by some insurance company or association or other insurer authorized to transact business in this state, or bond or bonds, to be approved by the commission, conditioned to pay any final judgment against said contract carrier for personal injuries or property damage resulting from or arising out of the use, maintenance or operation of the motor vehicles of such carrier, and suffered by any member of the public or by the state or any of its political subdivisions. However, such carrier shall not be required to file a policy of insurance or bond conditioned to pay the judgments on claims of its passengers, or shippers or patrons. The minimum amount of such insurance policy or bond shall be as provided in Section 77-7-83.
Miss. Code Ann. § 77-7-87 Insurance required of interstate carriers.
Each motor carrier holding certificates or permits from and operating under the authority of the Interstate Commerce Commission, in interstate business only, shall file and keep on file with the commission a policy or certificate of insurance, bond or certification of qualification as a self-insurer which complies with the Interstate Commerce Commission’s requirements for the single state insurance registration program, conditioned to pay any final judgment against such interstate carrier for personal injury or property damage resulting from or arising out of the use, maintenance or operation of the motor vehicles of such interstate carrier, and suffered by any member of the public, or by the state or any of its subdivisions. However, no interstate carrier shall be required to file insurance or bond conditioned to pay the judgments on claims of its passengers, shippers, or patrons. The minimum amount of the insurance policy, certificate or bond shall be as provided in 49 CFR part 387.
Miss. Code Ann. § 77-7-89 Insurance policy or bond shall not be cancelled until notice is given to commission.
The insurance policy or bond filed with the commission as required by this chapter, shall contain a provision or endorsement to the effect that the same shall not be cancelled for any cause by either party thereto unless and until ten (10) days’ written notice thereof shall have been given to the commission.
Miss. Code Ann. § 77-7-91 Actions against motor carriers and sureties.
In any action, whether in law or equity, against any motor carrier operating under the provisions of this chapter, whether such carrier is a common carrier, restricted motor carrier, contract carrier or an interstate carrier, the insurer, insurance company or obligor in the policy of insurance or bond given by such carrier in compliance with this chapter shall not be joined as a party to such suit and shall not be a proper party thereto except as hereinafter provided.
The insurer, insurance company or obligor, in any policy of insurance or bond filed in compliance with this chapter, shall be obligated to pay any final judgment obtained against any such carrier as provided in Sections 77-7-83 through 77-7-87, regardless of the solvency, insolvency, bankruptcy or receivership of such carrier.
In the event the insured shall abandon his permit or certificate and leave the state, a claimant asserting a claim within the provisions of said bond or policy may file suit against the sureties executing such bond or company issuing such policy in a court of competent jurisdiction without the necessity of making the insured a party to the said suit.
Miss. Code Ann. § 77-7-93 Effect of failure to comply with performance bond and insurance requirements.
The failure of any holder of a certificate or permit issued by and under the authority of the commission, to comply with any of the requirements of Section 77-7-83 shall be cause for the revocation or suspension of the certificate or permit, or for the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or both. Failure of any holder of a certificate or permit issued by and under the authority of the Interstate Commerce Commission, to keep on file with the commission the insurance or other security provided by Section 77-7-87, shall be cause for prohibition of the use by the certificate or permit holder of any highway in this state, and shall be cause for the imposition of a fine not to exceed One Thousand Dollars ($1,000.00).
Miss. Code Ann. § 77-7-111 Repealed.
Repealed by Laws, 1991, ch. 405, § 2, eff from and after passage (approved March 20, 1991).
[Codes, 1942, § 7677; Laws, 1938, ch. 142; 1942, ch. 272; 1946, ch. 352, § 1; 1948, ch. 327, § 1; 1960, ch. 406, § 2; 1980, ch. 420]
Miss. Code Ann. § 77-7-113 Repealed.
Repealed by Laws, 1993, ch. 561, § 23, eff from and after October 1, 1993.
[Codes, 1942, § 7677-03; Laws, 1948, ch. 327, § 4]
Miss. Code Ann. § 77-7-115 When and to whom inspection fees are to be paid.
On or before January 1 of each year, or prior to commencement of business, every holder of a certificate of convenience and necessity or permit or interstate authority issued by the U.S. Department of Transportation upon whom the fee is levied by Section 77-7-119, shall pay to the commission of this state an amount equal to the fees imposed in the section for each vehicle operated within this state.
Miss. Code Ann. § 77-7-117 State to have lien on vehicles for payment of inspection fees.
A lien shall exist upon all property of any motor carrier subject to this chapter, who uses the highways of this state, and upon which fees shall be properly payable, for the payment of fees imposed by Section 77-7-119, together with all penalties accruing under this chapter. The lien shall be paramount to all other liens, except federal, state, county and municipal taxes.
Miss. Code Ann. § 77-7-119 Registration receipts; fees; promulgation of rules and regulations by commission.
It shall be unlawful for any holder of a certificate of public convenience and necessity or permit, issued in accordance with this chapter, to operate over the highways of this state unless there shall be accompanying each vehicle so operated a receipt which shall have been procured from the commission as herein required. The receipts shall bear necessary numbers and identification markings which, in the opinion of the commission, are necessary to carry out the provisions of this section. The receipts required hereby shall be obtained by each operator liable therefor for each vehicle used in the conduct of his business in this state. The commission shall collect a fee of Ten Dollars ($10.00) for each receipt issued by the commission, and the Ten Dollar ($10.00) fee shall not be prorated monthly. It shall be unlawful for any holder of authority from the U.S. Department of Transportation to operate over the highways of this state unless such carrier has paid a fee of Ten Dollars ($10.00) for each vehicle operated in or through the State of Mississippi pursuant to the U.S. Department of Transportation’s single-state insurance registration. The commission is authorized to promulgate all rules and regulations necessary to enable this state to participate in the single-state insurance registration system for motor carriers authorized by Section 4005 of the Intermodal Surface Transportation Efficiency Act of 1991, P.L. No. 102-240, 105 Stat. 1914 (1991), codified at 49 U.S.C.A. Section 11506 (West Supp. 1992), and by applicable rules and regulations of the U.S. Department of Transportation and any amendments thereto.
Miss. Code Ann. § 77-7-121 Repealed.
Repealed by Laws, 1987, ch 309, § 8, eff from and after July 1, 1987.
[Codes, 1942, § 7673; Laws, 1938, ch. 142; 1948, ch. 327, § 5; 1960, ch. 406, § 1]
Miss. Code Ann. § 77-7-123 Repealed.
Repealed by Laws, 1993, ch. 561, § 26, eff from and after October 1, 1993.
[Codes, 1942, § 7673-01; Laws, 1948, ch. 327, § 6]
Miss. Code Ann. § 77-7-125 Commission has sole authority to issue registration receipts.
The commission shall have the sole and complete power and authority to issue registration receipts to owners and operators required to have the receipts.
Miss. Code Ann. § 77-7-127 Disposition of funds collected by commission under this chapter; funding of agency expenses; deposit of monies into State General Fund.
All funds collected by the commission under the provisions of this chapter shall be deposited in the State Treasury to the credit of the commission’s regulation fund for use by the commission for the administration and enforcement of the laws of this state relative to the inspection, control and supervision of the business, equipment, service or accounts of motor carriers subject to this chapter.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Miss. Code Ann. § 77-7-151 Duties of common carriers of household goods by motor vehicle as to service and rates.
It shall be the duty of every common carrier of household goods by motor vehicle to provide safe and adequate service, equipment and facilities for the transportation of household goods.
Miss. Code Ann. § 77-7-153 Discrimination by common carriers prohibited.
It shall be unlawful for any common carrier by motor vehicle, the rates of which are subject to regulation under the provisions of this chapter, to make, give or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality or description of traffic in any respect whatsoever, or to subject any particular persons, port, gateway, locality or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever. However, this section shall not be construed to apply to discriminations, prejudice or disadvantage to the traffic of any other carrier of whatever description.
Miss. Code Ann. § 77-7-171 Repealed.
Repealed by Laws, 1993, ch. 561, § 24, eff from and after October 1, 1993.
[Codes, 1942, § 7670; Laws, 1938, ch. 142]
Miss. Code Ann. § 77-7-173 Changes in schedules by common carriers.
Common carriers by motor vehicle, the rates of which are subject to regulation under the provisions of this chapter, shall, before making a change in their schedules, give proper notice to the commission of such proposed change. The operation under such changed schedule shall thereafter be lawful unless otherwise ordered by the commission upon objection of an interested party or the commission itself.
Miss. Code Ann. § 77-7-175 Operation of special or chartered parties by common carriers.
Any common carrier by motor vehicle transporting passengers under a certificate issued by the commission may operate to any place special or chartered parties under such reasonable rules and regulations as the commission may prescribe.
Miss. Code Ann. § 77-7-177 Deviations from routes by common carriers.
A common carrier by motor vehicle, operating under a certificate issued by the commission, may occasionally deviate from the route over which it is authorized to operate under the certificate, under such general or special rules and regulations as the commission may prescribe.
Miss. Code Ann. § 77-7-179 Repealed.
Repealed by Laws, 1995, ch. 338, § 22, eff from and after passage (approved March 10, 1995).
[Codes, 1942, § 7644; Laws, 1938, ch. 142; 1958, ch. 508]
Miss. Code Ann. § 77-7-181 Accident reports.
It shall be the duty of the manager, agent or other proper officer of every motor carrier doing business or operating in this state to present to the commission such report or reports as may be required by it, under oath, of all accidents resulting in injury to persons, equipment, highway or property of any kind, under such rules and regulations as may be prescribed by the commission.
Miss. Code Ann. § 77-7-183 Repealed.
Repealed by Laws, 1993, ch. 561, § 25, eff from and after October 1, 1993.
[Codes, 1942, § 7672; Laws, 1938, ch. 142]
Miss. Code Ann. § 77-7-185 Commission may require establishment of passenger stations.
After notice and hearing, and an opportunity to be heard by the carrier or carriers affected, the commission may require the establishment of passenger stations at cities and towns where such establishment is shown to be justified by the reasonable public needs. The commission shall give due consideration to the volume of traffic handled by the carrier or carriers to be affected, to and from the city or town where a station is proposed to be located, and the amount of revenue derived therefrom and the cost and expense of establishing and maintaining such station and the effect which the establishment of such station and the maintenance thereof will have upon the ability of the affected carrier or carriers to continue to perform their public service.
Miss. Code Ann. § 77-7-187 Establishment of through routes and joint rates by common carriers.
Common carriers of passengers by motor vehicle may establish reasonable through routes and joint rates with other such common carriers, and shall provide safe and adequate service, equipment and facilities for the transportation of passengers, and shall establish, observe and enforce just and reasonable regulations and practices relating thereto, and to the issuance, form and substance of tickets, the carrying of personal, sample and excess baggage, and the facilities for transportation of passengers. In case of joint rates, fares and charges, it shall be the duty of the carriers party thereto to establish just, reasonable and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers. Common carriers of passengers by motor vehicle may establish reasonable through routes and joint rates, fares or charges with common carriers by railroad or water. In case of such joint rates, fares or charges, it shall be the duty of the carriers party thereto to establish just and reasonable regulations and practices in connection therewith, and just, reasonable and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers.
Miss. Code Ann. § 77-7-211 Filing, publication and posting of rates of common carriers; rejection of tariff by commission.
Every common carrier of passengers shall file with the commission, and print and keep open for public inspection, tariffs showing all the rates, fares and charges for transportation, and all services in connection therewith, between points on its own route, and between points on its own route and points on the route of any other such carrier, or on the route of any common carrier by railroad, express or water, when a through route and joint rate has been established. Such rates, fares and charges shall be stated in terms of lawful money of the United States. The tariffs required by this section shall be published, filed and posted in such form and manner, and shall contain such information as the commission by regulation shall prescribe. The commission is authorized to reject any tariff filed with it which is not in consonance with this section and with such regulations. Any tariff so rejected by the commission shall be void and its use shall be unlawful.
No common carrier of passengers, unless otherwise provided by this chapter, shall engage in the transportation of passengers unless the rates, fares and charges upon which the same are transported by the carrier have been filed and published in accordance with the provisions of this chapter.
Miss. Code Ann. § 77-7-213 Common carriers shall charge only rates set forth in tariff.
No common carrier by motor vehicle, the rates of which are subject to regulation under the provisions of this chapter, shall charge, demand, collect or receive a greater, less or different compensation for transportation or for any service in connection therewith between the points enumerated in its tariff than the rates, fares and charges specified in the tariffs in effect at the time. No such carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent, or otherwise, any portion of the rates, fares or charges so specified, or extend to any person any privileges or facilities for transportation except such as are specified in its tariffs.
Miss. Code Ann. § 77-7-215 Change in rates by common carriers; notice to be given.
No change shall be made in any rate, fare, charge or classification, or any rule, regulation or practice affecting such rate, fare, charge or classification, or the value of the service thereunder, specified in any elective tariff of a common carrier by motor vehicle, except after thirty (30) days’ notice of the proposed change, and upon thirty (30) days’ notice to all interested carriers, to be given by the carrier proposing such change, filed and posted in accordance with Section 77-7-211. Such notice shall plainly state the change proposed to be made and the time when such change will take effect. The commission may, in its discretion and for good cause shown, allow such change upon notice less than that herein specified, or modify the requirements of this section with respect to posting and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions.
Miss. Code Ann. § 77-7-217 Commission hearings upon reasonableness of rates of common carriers.
Any person, state board, organization or body politic may make complaint in writing to the commission that any such rate, fare, charge, classification, rule, regulation or practice in effect, or proposed to be put into effect, is or will be in violation of Sections 77-7-153, 77-7-187, 77-7-211 through 77-7-215.The provisions of this section shall not apply to common carriers of household goods.
Whenever, after hearing, upon complaint or in an investigation on its own initiative, the commission is of the opinion that any individual or joint rate, fare or charge, demanded, charged or collected by any common carrier or carriers by motor vehicle or by any common carrier or carriers by motor vehicle in conjunction with any common carrier or carriers by railroad or express, or water, or any classification, rule, regulation or practice whatsoever of such carrier or carriers affecting such rate, fare or charge or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial, it shall determine and prescribe the lawful rate, fare or charge thereunder to be observed, or the lawful classification, rule, regulation or practice thereafter to be made effective.
The commission shall, whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint or upon its own initiative without a complaint, establish through routes, and joint rates, fares, charges, regulations or practices, applicable to the transportation of passengers by common carriers by motor vehicle, or the maxima or minima, to be charged, and the terms and conditions under which the through routes shall be operated.
Whenever, after hearing, upon complaint or upon its own initiative, the commission is of opinion that the divisions of joint rates, fares or charges, applicable to the transportation of passengers by common carriers by motor vehicle or by such carriers in conjunction with common carriers by railroad or express, or water are, or will be unjust, unreasonable, inequitable or unduly preferential or prejudicial as between the carriers parties thereto (whether agreed upon by such carriers, or any of them, or otherwise established), the commission shall by order prescribe the just, reasonable and equitable divisions thereof to be received by the several carriers. In cases where the joint rate, fare or charge was established pursuant to a finding or order of the commission and the divisions thereof are found by it to have been unjust, unreasonable or inequitable, or unduly preferential or prejudicial, the commission may also by order determine what would have been the just, reasonable and equitable divisions thereof to be received by the several carriers, and require adjustment to be made in accordance with the order, from the date of filing the complaint or entry of order of investigation or such other date subsequent as the commission finds justified and, in the case of joint rates prescribed by the commission, the order as to divisions may be made effective as a part of the original order.
Miss. Code Ann. § 77-7-219 Suspension of rates proposed by common carriers.
Whenever there shall be filed with the commission any schedule stating a new individual or joint rate, fare, charge or classification for the transportation of passengers by a common carrier or carriers by motor vehicle, or by any such carrier or carriers in conjunction with a common carrier or carriers by railroad, express or water, or any rule, regulation or practice affecting such rate, fare or charge, or the value of the service thereunder, the commission is hereby authorized and empowered, upon complaint of any interested party or upon its own initiative, if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare or charge, or such rule, regulation or practice, and pending such hearing and the decision thereon the commission, by filing with such schedule and delivering to the carrier or carriers affected thereby, a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare or charge, or such rule, regulation or practice, for a period of ninety (90) days. If the proceeding has not been concluded and a final order made within such period, the commission may, from time to time, extend the period of suspension by order, but not for a longer period in the aggregate than one hundred eighty (180) days beyond the time when it would otherwise go into effect. After hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation or practice goes into effect, the commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare or charge, or classification, rule, regulation or practice shall go into effect at the end of such period.
Miss. Code Ann. § 77-7-221 Factors to be considered by commission in considering rates of common carriers.
In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers by common carriers by motor vehicle, the commission shall give due consideration, among other factors, to the inherent advantages of transportation by such carriers; to the effect of rates upon the movement of traffic by such carriers; to the need, in the public interest, of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of such services; and to the need of revenues sufficient to enable such carriers, under honest, economical and efficient management, to provide such service.
In any proceeding to determine the justness or reasonableness of any rate, fare or charge of any such carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of such carrier, either goodwill, earning power, or the certificate under which such carrier is operating. In applying for and receiving a certificate under this chapter, any such carrier shall be deemed to have agreed to the provisions of this paragraph, on its own behalf and on behalf of all transferees or lessees of such certificate.
Miss. Code Ann. § 77-7-223 Other rights and remedies unaffected by foregoing.
Nothing in Sections 77-7-151, 77-7-153, 77-7-187, 77-7-217 to 77-7-221, shall be held to extinguish any remedy or right of action not inconsistent therewith.
Miss. Code Ann. § 77-7-241 Minimum charges of contract carriers to be filed with commission; reductions.
It shall be the duty of every contract carrier by motor vehicle to file with the commission, publish, and keep open for public inspection, in the form and manner prescribed by the commission, schedules, or in the discretion of the commission, copies of contracts containing the minimum charges of such carrier for the transportation of passengers in intrastate commerce, and any rule, regulation, or practice affecting such charges and the value of the service thereunder. No such contract carrier, unless otherwise provided by this chapter, shall engage in the transportation of passengers in intrastate commerce unless the minimum charges for such transportation by the carrier have been published, filed and posted in accordance with the provisions of this chapter.
No reduction shall be made in any such charge, either directly or by means of any change in any rule, regulation or practice affecting such charge or the value of service thereunder, except after thirty (30) days’ notice of the proposed change filed in the aforesaid form and manner. However, the commission may, in its discretion and for good cause shown, allow such change upon less notice, or modify the requirements of this section with respect to posting and filing of such schedules or copies of contracts, either in particular instances, or by general order applicable to special or peculiar circumstances or conditions. Such notice shall plainly state the change proposed to be made and the time when such change will take effect.
No such carrier shall demand, charge or collect a less compensation for such transportation than the charges filed in accordance with this section, as affected by any rule, regulation or practice so filed, or as may be prescribed by the commission from time to time, and it shall be unlawful for any such carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept or receive less than the minimum charges so filed or prescribed. Any such carrier or carriers or any class or group thereof, may apply to the commission for relief from the provisions of this section, and the commission may, after hearing, grant the relief to such extent and for such time, and in such manner as in its judgment is consistent with the public interest and the policy declared in Section 77-7-3.
Miss. Code Ann. § 77-7-243 Commission hearings upon reasonableness of rates of contract carriers.
Whenever, after hearing upon complaint or its own initiative, the commission finds that any charge of any contract carrier or carriers by motor vehicle, or any rule, regulation or practice of any such carrier or carriers affecting such charge, or the value of the service thereunder, for the transportation of passengers in intrastate commerce, contravenes the policy declared in Section 77-7-3, the commission may prescribe such minimum charge, or such rule, regulation or practice as in its judgment may be necessary or desirable in the public interest and to promote the policy declared in said section. Such minimum charge, or such rule, regulation or practice so prescribed by the commission, shall give no advantage or preference to any such carrier in competition with any common carrier by motor vehicle subject to this chapter, which the commission may find to be undue or inconsistent with the public interest and the policy declared in said section. The commission shall give due consideration to the cost of the services rendered by such carriers and to the effect of such minimum charge, or such rules, regulations or practices upon the movement of traffic by such carriers. All complaints shall state fully the facts complained of and the reasons for such complaint and shall be made under oath.
Miss. Code Ann. § 77-7-245 Suspension of charges proposed by contract carriers.
Whenever there shall be filed with the commission by any contract carrier any schedule or contract stating a reduced charge directly, or by means of any rule, regulation or practice, for the transportation of passengers in intrastate commerce, the commission is hereby authorized and empowered, upon complaint of interested parties or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such charge, or such rule, regulation or practice, and pending such hearing and the decision thereon the commission, by filing with such schedule or contract and delivering to the carrier affected thereby, a statement in writing of its reasons for such suspension, may suspend the operation of such schedule or contract and defer the use of such charge, or such rule, regulation or practice, for a period of ninety (90) days. If the proceeding has not been concluded and a final order made within such period, the commission may, from time to time, extend the period of suspension, but not for a longer period in the aggregate than one hundred eighty (180) days beyond the time when it would otherwise go into effect. After hearing, whether completed before or after the charge, or rule, regulation or practice goes into effect, the commission may make such order with reference thereto as would be proper in proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change in any charge or rule, regulation or practice shall go into effect at the end of such period. The carrier may voluntarily suspend such schedule, rule, regulation or practice for further periods beyond the one hundred eighty (180) days and until the proceeding be concluded.
Miss. Code Ann. § 77-7-261 Reports of carriers; accounts, books and memoranda; inspections.
The commission is hereby authorized to require annual, periodical, or special reports from all motor carriers except those exempted in this chapter, to prescribe the manner and form in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the commission may deem information to be necessary. Such reports shall be under oath whenever the commission so requires. The commission may also require any motor carrier to file with it a copy of each or any contract, agreement, or arrangement between such carrier and any other carrier or person in relation to any traffic affected by the provisions of this chapter.
The commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda, including those of the movement of traffic as well as of the receipts and expenditures of money, to be kept by common carriers and restricted common carriers by motor vehicle and the length of time such accounts, records and memoranda shall be preserved. The commission or its employees shall at all reasonable times have access to all lands, buildings, or equipment of motor carriers used in connection with their operations and also all accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing, and kept or required to be kept, by motor carriers. The commission and its employees shall have authority to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memoranda, including all documents, papers, and correspondence now or hereafter existing and kept or required to be kept by such carriers. This section shall apply to receivers of carriers, to operating trustees, and to the extent deemed necessary by the commission, to persons affiliated with or having control, direct or indirect, over any motor carrier.
Miss. Code Ann. § 77-7-263 Failure to make proper reports or to keep accounts, records and memoranda properly is a misdemeanor.
Any motor carrier, or any officer, agent, employee, or representative thereof, who shall wilfully fail and refuse to make a report to the commission as required by this chapter, or to keep accounts, records, and memoranda in the form and manner approved or prescribed by the commission, or who shall knowingly and wilfully, falsify, destroy, mutilate, or alter any such report, account, record, or memoranda, or who shall knowingly or wilfully file any false report, account, record, or memoranda, shall be deemed guilty of a misdemeanor and upon conviction thereof be subject for each offense to a fine of not less than one hundred ($100.00) dollars and not more than five thousand ($5,000.00) dollars.
Miss. Code Ann. § 77-7-265 Repealed.
Repealed by Laws, 1995, ch. 338, §§ 23-25, eff from and after passage (approved March 10, 1995).
§ 77-7-265 . [Codes, 1942, § 7680; Laws, 1938, ch. 142] § 77-7-267 . [Codes, 1942, § 7682; Laws, 1938, ch. 142] § 77-7-269 . [Codes, 1942, § 7666.1; Laws, 1962, ch. 511, §§ 1-3] Editor’s Notes — Former § 77-7-265 provided for confidentiality of information concerning transportation of property. Former § 77-7-267 related to release of freight by carrier prior to payment of charges and liability for transportation charges. Former § 77-7-269 related to the validity of agreements requiring additional payment for transportation of motor vehicles or parts under certain circumstances.
Miss. Code Ann. § 77-7-291 Conduct of commission hearings.
Any matter arising in the administration of this chapter requiring a hearing shall be heard and decided by the commission, or shall, by order of the commission, be referred to a member or employee of the commission for hearing and the recommendation of an appropriate order thereon. With respect to such matters, the member or employee shall have all the rights, duties, powers and jurisdiction conferred by this chapter upon the commission, except that the order recommended by such member or employee shall be subject to the following provisions of this section. Any order recommended by the member or employee with respect to such matter shall be in writing and be accompanied by the reasons therefor, and shall be filed with the commission. Copies of such recommended order shall be served upon the interested parties, who may file exceptions thereto; if no exceptions are filed within twenty (20) days after service upon such persons, or within such further period as the commission may authorize, such recommended order shall become the order of the commission and become effective, unless within such period the order is stayed or postponed by the commission. Where exceptions are filed as herein provided it shall be the duty of the commission to consider the same and, if sufficient reason appears therefor, the commission shall grant such review or make such orders or hold or authorize such further hearings or proceedings in the premises as may be necessary or proper to carry out the purposes of this chapter. The commission may, on its own motion, review any such matter and take action thereon as if exceptions thereto had been filed. The commission, after review upon the same record or as supplemented by a further hearing, shall decide the matter and make appropriate order thereon.
Miss. Code Ann. § 77-7-293 Rehearings of orders or decisions of commission.
After an order or decision has been made by the commission, any party to the proceedings may, within thirty (30) days after the entry of the order or decision, apply for a rehearing in respect of any matters determined in such proceedings and specified in the application for rehearing, and the commission may grant and hold such rehearings on such matters.
The commission shall either grant or refuse an application for rehearing within twenty (20) days after the date of application therefor. A failure by the commission to act upon such application within that period shall be deemed refusal thereof. If the application is granted, the commission shall conduct and conclude a rehearing within thirty (30) days of the entry of the order for rehearing and shall enter a new order after the rehearing shall have been concluded. Such new order shall become effective ten (10) days after it is entered, unless otherwise provided by the commission for reasonable cause.
Miss. Code Ann. § 77-7-295 Appeal of final finding, order or judgment of commission.
In addition to other remedies now available, the state, or any party aggrieved by any final finding, order or judgment of the commission, shall have the right, regardless of the amount involved, of appeal to the First Judicial District Circuit Court of Hinds County, Mississippi. If an application for rehearing has been filed, an appeal must be filed within thirty (30) days after the application for rehearing has been refused or deemed refused because of the commission’s failure to act thereon within the time specified in Section 77-7-293, or if the application is granted, within thirty (30) days after the rendition of the decision on rehearing. If an application for rehearing has not been filed, an appeal must be filed within thirty (30) days after the entry of the commission’s order. In those cases wherein an administrative order of the commission is involved, the circuit court may affirm or reverse for further proceedings as justice may require. In those cases wherein the commission’s order appealed from is a judicial finding, the circuit court shall review, affirm, reverse or modify the same and enter therein such order or judgment as may be right and just. Without excluding any other finding, order or judgment of the commission as constituting a judicial finding, the granting or denial by the commission of an application for a certificate of public convenience and necessity, or the granting of denial of an application for a permit to operate as a contract carrier, shall be construed as a judicial finding, and appealable as such. All such appeals shall be taken and perfected, heard and determined either in term time or in vacation, on the record, including a transcript of pleadings and testimony, both oral and documentary, filed and heard before the commission; and such appeal shall be heard and disposed of promptly by the court as a preference cause. In perfecting any appeal provided by this section, the provisions of law respecting notice to the reporter and the allowance of bills of exception, now or hereafter in force respecting appeals from circuit courts to the Supreme Court, shall be applicable.
Miss. Code Ann. § 77-7-311 Penalties.
Any person violating any provisions of this chapter, or any rule, regulation, requirement or order thereunder, or any term or condition of any certificate or permit, for which a penalty is not otherwise provided in this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not less than Twenty-five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00) for the first offense and not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) for each subsequent offense. Each day of violation shall constitute a separate offense. Any person, whether carrier, shipper, consignee, or any officer, employee, agent or representative thereof, who shall knowingly offer, grant or give, or solicit, accept or receive any rebate, concession or discrimination in violation of any provision of this chapter, or who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease or bill of sale, or by any other means or device, shall knowingly and willfully assist, suffer or permit any person or persons, natural or artificial, to obtain transportation of passengers or property subject to this chapter for less than the applicable rate, fare or charge, or who shall knowingly and willfully, by any such means or otherwise, fraudulently seek to evade or defeat regulation as in this chapter provided for motor carriers, shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) for the first offense and not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) for any subsequent offense. Any owner, operator or driver of any vehicle, who is required by any law or by any rule or regulation of the commission to stop at any inspection station or submit to an inspection, who willfully fails or refuses to do so, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00), or more than One Thousand Dollars ($1000.00), or by confinement in the county jail for not more than thirty (30) days, or by both fine and jail sentence. Any individual, corporation or partnership operating a motor vehicle transporting hazardous material that is found to be in violation of any rule, regulation or requirement as provided by Section 77-7-16 shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) or more than Five Hundred Dollars ($500.00) for the first offense, and not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) for each subsequent offense. Each day of violation shall constitute a separate offense. Any person operating or attempting to operate a motor vehicle which has been placed out of service by a motor carrier inspector shall be fined One Thousand Dollars ($1,000.00).
Miss. Code Ann. § 77-7-331 Duties of enforcement officers.
The chief enforcement officer and the inspectors, employed pursuant to the authority granted in Section 77-1-21, shall be responsible for enforcing and investigating all alleged violations of this chapter, and the rules, regulations and general orders of the commission promulgated thereunder. In the performance of their duties such employees shall give particular attention to the enforcement of the commission’s safety rules and regulations; the provisions of this chapter applicable to rates, charges and practices of motor carriers; the provisions prohibiting unlawful preference, concession, rebate, or discrimination; the adequacy of service, equipment and facilities of motor carriers; and the requirements respecting certificate of public convenience and necessity or permits as set forth in this chapter.
Miss. Code Ann. § 77-7-333 Training of enforcement officer; funding of agency expenses; deposit of monies into State General Fund.
After selection, the chief enforcement officer and the inspectors shall go through thirty (30) days of intensive instruction of the laws of this state pertaining to the Mississippi Department of Transportation and the Department of Public Safety, together with rules and regulations of all these departments, and the laws of this state pertaining to arrest. The expenses of attending such school shall be paid out of the commission’s regulation fund on presentation of paid bills for travel and subsistence to the secretary of the commission.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Miss. Code Ann. § 77-7-335 Authority of enforcement officers.
All inspectors on duty shall wear uniforms, shall have the right to bear arms, and shall have the authority to make arrests and hold and impound any vehicle and the contents thereof which is being operated in violation of this chapter or the commission’s rules, regulations or general orders promulgated thereunder. All inspectors shall have the authority to enforce all of the laws, rules and regulations of the commission upon all highways in the state and the rights-of-way of such highways and other properties as defined in Section 77-7-261; except that if any person commits an offense in violation of this chapter or the rules and regulations of this commission upon a highway in the state and be pursued by a member or inspector of the commission, such member may pursue and apprehend such offender upon any of the highways in this state, or to any other place to which such offender may flee. All inspectors shall have the authority to aid and assist any law enforcement officer whose life or safety is in jeopardy and may arrest without warrant any fugitive from justice who has escaped or who is using the highways in the state in an attempt to flee. With the approval of the commission or its designee, inspectors of the commission may assist other law enforcement agencies in searching for convicted felons who have escaped or for alleged felons where there is probable cause to believe that the person being sought committed the felony and a felony had actually been committed. Upon request of the Mississippi Highway Patrol, a sheriff of any county or the chief of police of any community and with the consent of the commission, all inspectors have the authority to assist in traffic control during time of natural disasters, such as hurricanes, tornados or floods. Nothing in this section shall be construed as granting the commission general police powers.
Miss. Code Ann. § 77-7-337 Purchase of necessary equipment authorized; funding of agency expenses; deposit of monies into State General Fund.
The commission is hereby authorized and empowered to purchase all necessary equipment to enforce the provisions of this chapter, and to pay for the same out of the commission’s regulation fund.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Miss. Code Ann. § 77-7-339 Payment of salaries and expenses shall be from the motor carrier regulation account; funding of agency expenses; deposit of monies into State General Fund.
The salary of the chief enforcement officer and the inspectors, and the reasonable and necessary expenses of such employees and the administration of the duties imposed on the commission by this chapter, shall be paid out of the special fund in the State Treasury designated as the commission’s regulation fund, upon requisition and warrants in the same manner provided by law for the disbursements of appropriations for the commission. An itemized account shall be kept of all receipts and expenditures and shall be reported to the Legislature by the commission.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Miss. Code Ann. § 77-7-341 Cooperation with other agencies authorized.
For the purpose of administering and enforcing the provisions of this chapter, the commission shall have the power, and is directed to cooperate with and use the services of the members of the highway safety patrol and the inspectors employed by the Mississippi Department of Transportation, and the commission shall utilize the facilities and equipment of the inspection stations maintained by the Mississippi Department of Transportation. However, in utilizing these personnel and facilities, the commission shall not interfere with or impede the performance by the personnel of the duties and responsibilities otherwise assigned to them.