MCA Chapter 10

in effect

Miss. Code Ann. § 63-10-1 Definitions.

As used in this chapter: “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. “Reciprocating state” means any state which extends by its laws to residents of Mississippi, substantially the same rights and privileges as provided for by this chapter. “Citation” means any citation, ticket or other document issued by a state highway patrol officer for the violation of a traffic law, ordinance, rule or regulation, ordering the alleged offender to appear. “License” means any operator’s or chauffeur’s permit or license, or any other license or permit to operate a motor vehicle issued under the laws of this state or a reciprocating state including: Any temporary or learner’s permit; The privilege of any person to operate a motor vehicle whether or not such person holds a valid license; and Any nonresident’s operating privilege conferred upon a nonresident of a state pertaining to the operation by such person of a motor vehicle in such state. “Collateral” or “bond” means any cash or other security deposited to secure an appearance for trial following the issuance of a citation by a state highway patrol officer for the violation of a traffic law, ordinance, rule or regulation. “Personal recognizance” means a signed agreement by an alleged offender that he will comply with the terms of a court’s directive as the result of a traffic citation served him. “Nonresident” refers only to a person who is a resident of or holds a drivers license issued by a reciprocating state.

Miss. Code Ann. § 63-10-3 Issuance of citation to resident of reciprocating state; security for appearance; reporting of noncompliance with citation.

A state highway patrol officer, in lieu of arrest for a traffic violation, may issue a citation, as would be appropriate under the circumstances, to any motorist who is a resident of this state or holds a license issued by a reciprocating state and shall not, subject to the exceptions noted in subsection (2) of this section, require such motorist to post collateral or bond to secure his appearance but shall accept such motorist’s drivers license in lieu of bond or security as provided by Section 63-9-25, Mississippi Code of 1972, provided, however, that a person so charged shall have the right, upon his request, to post collateral or bond in a manner as provided by law, and in such case, the provisions of this chapter shall not apply. No motorist shall be entitled to receive a citation under the provisions of subsection (1) of this section nor shall any state highway patrol officer issue a citation as provided for therein if the offense be included in the following: An offense for which the issuance of a citation in lieu of a hearing or the posting of collateral or bond is prohibited by the laws of this state; or An offense for which state statutes require the revocation or suspension of a motorist’s license. Upon the failure of any resident or nonresident to comply with the terms of a traffic citation, the issuing officer shall request that a warrant be issued and shall report same to the commissioner of public safety or his duly authorized agent, who shall suspend such person’s drivers license until such time as a disposition is had on said undisposed of traffic citation. Such report shall clearly identify the person charged; describe the violation, specify the statute, code or ordinance violated; indicate the location of the offense; give a description of the vehicle involved; and show the registration or license number of the vehicle. Such report shall be signed by the issuing officer.

Miss. Code Ann. § 63-10-5 Proceedings upon noncompliance with traffic citation by nonresident.

Upon receipt of a state highway patrol officer’s report as described in Section 63-10-3 the commissioner of public safety or his duly authorized agent shall transmit a certified copy of such report to the official in charge of the issuance of licenses in the reciprocating state in which the nonresident resides or by which he is licensed. Upon receipt from the licensing authority of this state or a reciprocating state in which a citation was issued of a certification of noncompliance with a citation issued in this state or a reciprocating state by a person holding a valid license issued by this state, the commissioner of public safety or his duly authorized agent shall immediately suspend such person’s drivers license. The order of suspension shall indicate the reason therefor and notify the motorist that his license shall remain suspended until he has furnished satisfactory evidence indicating that he has fully complied with the terms of the court having jurisdiction in the matter. However, the department of public safety, or any employee thereof, shall not collect nor act as a collecting agency for any court-imposed fine in relation to an outstanding, undisposed of traffic case. A copy of any suspension order issued hereunder shall be furnished to the licensing authority of the reciprocating state in which the citation was issued. It shall be the duty of the director of driver services, department of public safety, to ascertain and remain informed as to which states are “reciprocating states” hereunder and, accordingly, to maintain a current listing of such states. The listings shall periodically be disseminated among the appropriate official positions of any state agency, county or municipality of this state and the licensing authorities in all other reciprocating states pursuant hereto.