Miss. Code Ann. § 63-1-1 Short title.
This article may be cited as the Highway Safety Patrol and Driver’s License Law of 1938.
Driver’s License
Miss. Code Ann. tit. 63, ch. 1
in effectMiss. Code Ann. § 63-1-3 Definitions.
The following words and phrases when used in this article shall, for the purpose of such law, have the meanings respectively ascribed to them in this section:
The term “commissioner” means the commissioner of public safety of this state;
The term “highway” means every way or place of whatever nature open to the use of the public for the purpose of vehicular travel, and shall include streets of municipalities;
The term “operator” means any person in actual physical control of a motor vehicle on the highway;
The term “owner” means a person who holds the legal title of a vehicle; in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this article.
Miss. Code Ann. § 63-1-5 Requirement of motor vehicle operator’s license; types of operator’s licenses; penalty for violation of section.
No person shall drive or operate a motor vehicle or an autocycle as defined in Section 63-3-103 upon the highways of the State of Mississippi without first securing an operator’s license to drive on the highways of the state, unless specifically exempted by Section 63-1-7. The types of operator’s licenses are: Class R; Class D; Class A, B or C commercial license governed by Article 5 of this chapter; Intermediate license; and Interlock-restricted license as prescribed in Section 63-11-31. Every person who makes application for an original license or a renewal license to operate any single vehicle with a gross weight rating of less than twenty-six thousand one (26,001) pounds or any vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds other than vehicles included in Class C, vehicles which require a special endorsement, or to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as defined in Section 27-19-3, other than those vehicles for which a Class A, B or C license is required under Article 5 of this chapter, may, in lieu of the Class R regular driver’s license, apply for and obtain a Class D driver’s license. The fee for the issuance of a Class D driver’s license shall be as set forth in Section 63-1-43 and the Class D license shall be valid for the term prescribed in Section 63-1-47. Except as required under Article 5 of this chapter, no driver of a pickup truck shall be required to have a Class D or a commercial license regardless of the purpose for which the pickup truck is used. Persons operating vehicles listed in paragraph (a) of this subsection for private purposes or in emergencies need not obtain a Class D license. An interlock-restricted license allows a person to drive only a motor vehicle equipped with an iginition-interlock device. A person who violates this section is guilty of a misdemeanor and, upon conviction, may be punished by imprisonment for not less than two (2) days nor more than six (6) months, by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or both.
Miss. Code Ann. § 63-1-6 Requirement of motorcycle operator’s license; requirement of temporary motorcycle permit.
Unless exempted under Section 63-1-7 or Section 63-1-6.1, no person shall drive or operate a motorcycle, except for an autocycle as defined in Section 63-3-103, upon the highways of the State of Mississippi without first securing an operator’s license with a motorcycle endorsement upon it. A motorcycle endorsement may be issued to any person who holds a valid Mississippi driver’s license and meets the other requirements for a motorcycle endorsement contained in this chapter. Every applicant for a motorcycle endorsement shall first obtain a temporary motorcycle permit, successfully complete the examination provided in Section 63-1-33, and pay the temporary motorcycle permit fee and examination fee prescribed in Section 63-1-43. Applicants for a temporary motorcycle permit shall: Be at least fifteen (15) years of age; Operate a motorcycle only under the direct supervision of a person at least twenty-one (21) years of age who possesses either a valid driver’s or operator’s license with a motorcycle endorsement or a valid restricted motorcycle operator’s license; Be prohibited from transporting a passenger on a motorcycle; Be prohibited from operating a motorcycle upon any controlled access highway; and Be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as regular learner’s permits issued under Section 63-1-21.
Miss. Code Ann. § 63-1-6.1 1. Rented motor scooters may be operated on public roads in or near universities without obtaining motorcycle endorsement under certain circumstances.
No person shall be required to secure a driver’s license with a motorcycle endorsement upon it while operating a motor scooter as defined in Section 63-3-103 provided that: The person is not the owner of the motor scooter and is only renting the scooter for a period of time not to exceed forty-eight (48) hours. The person is operating the motor scooter within the corporate limits of a municipality in which a university campus is located or is immediately adjacent to, or within the limits of, the university’s campus. The person has been issued and has on their person a regular or commercial driver’s license issued by the State of Mississippi or the state of their residence. Any scooter operated on the roads or highways of this state under this section shall not be operated: At a rate of speed greater than thirty (30) miles per hour; On a road which has a speed limit greater than thirty-five (35) miles per hour; or On any road or highway which is prohibited under Section 63-3-210.
Miss. Code Ann. § 63-1-7 Exemption from license requirement.
No license issued pursuant to this article shall be required of:
Any person while operating a motor vehicle for military purposes, if the person is a member of the United States Armed Forces or Reserves on active duty, a member of the National Guard on active duty or full-time National Guard duty, a National Guard military technician, or participating in part-time National Guard training.
Any nonresident person who has in his immediate possession a valid license to drive a motor vehicle on the highways of his home state or country, issued to him by the proper authorities of his home state or country, or of any nonresident person whose home state or country does not require the licensing of a person to operate a motor vehicle on the highways but does require him to be duly registered. Such person being eighteen (18) years of age or older may operate a motor vehicle in the state for a period of sixty (60) consecutive days without securing a license. However, any nonresident person operating a motor vehicle in this state shall be subject to all the provisions of this article, except as specified above.
Any person while operating a road roller, road machinery or any farm tractor or implement of husbandry temporarily drawn, moved or propelled on the highways.
Any engineer or motorman using tracks for road or street, though used in the streets.
Any person while operating an electric personal assistive mobility device as defined in Section 63-3-103.
Miss. Code Ann. § 63-1-8 Authorization to negotiate reciprocal driver’s license agreement with the Republic of China (Taiwan).
The Commissioner of Public Safety is authorized to negotiate a mutual agreement between the Mississippi Department of Public Safety and the Republic of China (Taiwan), through the Ministry of Transportation and Communications represented by the Director General of the Taipei Economic and Cultural Office in Houston, Texas, for reciprocity in issuing driver’s licenses to citizens of the State of Mississippi residing in the Republic of China (Taiwan) and to Taiwanese citizens residing in the State of Mississippi. The mutual agreement shall be written and signed by the commissioner and Director General.
Miss. Code Ann. § 63-1-9 Persons prohibited from obtaining license; issuance of regular learner’s permits, intermediate licenses and driver’s licenses.
No driver’s license, intermediate license or regular learner’s permit shall be issued pursuant to this article: To any person under the age of eighteen (18) years except as provided in this article. To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state or territory of the United States or the District of Columbia, if the revocation or suspension period has not expired. To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs. To any person who would not be able by reason of physical or mental disability to operate a motor vehicle on the highways with safety. However, persons who have one (1) arm or leg, or have arms or legs deformed, and are driving a car provided with mechanical devices whereby the person is able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator’s license the same as other persons. Moreover, deafness shall not be a bar to obtaining a license. To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency. To any unmarried person under the age of eighteen (18) years who does not at the time of application present a diploma or other certificate of high school graduation or a general educational development certificate issued to the person in this state or any other state; or on whose behalf documentation has not been received by the Department of Public Safety from that person or a school official verifying that the person: Is enrolled and making satisfactory progress in a course leading to a general educational development certificate; Is enrolled in school in this state or any other state; Is enrolled in a “nonpublic school,” as such term is defined in Section 37-13-91(2)(i); or Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10. To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30. All permits and licenses issued on or before July 31, 2009, shall be valid according to the terms upon which issued. From and after August 1, 2009: A regular learner’s permit may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article. An intermediate license may be issued to any person who is at least sixteen (16) years of age who otherwise meets the requirements of this article and who has held a regular learner’s permit for at least one (1) year without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the one-year requirement for the holding of a regular learner’s permit before an applicant can qualify for an intermediate license. A driver’s license may be issued to any person who is at least sixteen and one-half (16-1/2) years of age who otherwise meets the requirements of this article and who has held an intermediate license for at least six (6) months without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the six-month requirement for the holding of an intermediate license before an applicant can qualify for a driver’s license. However, a person who is at least seventeen (17) years of age who has been issued a regular learner’s permit and who has never been convicted under Section 63-11-30 or of a moving violation shall not be required to have held an intermediate license. An applicant for a Mississippi driver’s license who, at the time of application, is at least sixteen and one-half (16-1/2) years of age and who has held a valid motor vehicle driver’s license issued by another state for at least six (6) months shall not be required to hold a regular learner’s permit or an intermediate license before being issued a driver’s license. The commissioner shall ensure that the regular learner’s permit, intermediate license and driver’s license issued under this article are clear, distinct and easily distinguishable from one another.
Miss. Code Ann. § 63-1-10 Educational requirements for issuance of license to person under eighteen years of age; documentation; appeal of denial of license.
Upon the written request of a parent or guardian of any applicant for a license under eighteen (18) years of age, the school district in which the applicant is enrolled shall submit documentation to the Department of Public Safety verifying that the applicant is in compliance with Section 63-1-9(1)(g). The verification shall be signed by the school principal or his designee, or, in the case of a home study program, the parent, or the adult education supervisor of the General Educational Development Program or his designee. If the student is enrolled in a nonpublic school, the school principal or his designee is encouraged to submit the verification on behalf of the student. Documentation of the applicant’s enrollment status shall be submitted on a form designed by the State Department of Education that includes the written signed and notarized parent or guardian’s consent authorizing the release of the applicant’s attendance records to the Department of Public Safety, as approved by the Department of Public Safety, in a manner that insures the authenticity of the form and the information or signature contained thereon, including via facsimile. The forms required under this section to provide documentation shall be made available to all public high schools, private schools accredited by the State Board of Education, adult education supervisors at school board offices and, upon request, to others through the Department of Public Safety. Whenever an applicant or licensee who is under eighteen (18) years of age is unable to attend any school program due to acceptable circumstances, the school where the student last attended shall transmit documentation to the department to excuse such student from the provisions of Section 63-1-9(1)(g). The school principal or his designee shall determine whether nonattendance or absences are excused pursuant to Section 37-13-91. For purposes of this section, suspension or expulsion from school or incarceration in a correctional institution is not an acceptable circumstance for a person being unable to attend school. Any person denied a license for failure to satisfy the education requirements of Section 63-1-9(1)(g) shall have the right to file a request within thirty (30) days thereafter for a hearing before the Department of Public Safety to determine whether the person is entitled to a license or is subject to the cancellation of his license under the provisions of this section. The hearing shall be held within ten (10) days of the receipt by the department of the request. Appeal from the decision of the department may be taken under Section 63-1-31.
Miss. Code Ann. § 63-1-10.1 1. Report when student under eighteen who has been issued license, intermediate license or temporary license is coded as drop out.
A school superintendent or designee shall report to the Department of Education on a schedule determined by the State Board of Education when a student under eighteen (18) years of age who has been issued a driver’s license, intermediate license or temporary learning permit has been coded as a “drop out” as defined by the State Board of Education. The Department of Education will provide notification to the Department of Public Safety of those students under eighteen (18) years of age who have obtained a driver’s license, intermediate license or temporary learning permit and have been coded by the local school district as a “drop out” upon verification that prior written parental consent for the release of educational records has been obtained in compliance with the Family Educational Rights and Privacy Act of 1972, as amended, 20 USC Section 1232.
Miss. Code Ann. § 63-1-11 Promulgation of rules and regulations.
The provisions of this article with reference to administration shall be under the supervision of the commissioner of public safety at Jackson, Mississippi, who, if not otherwise specifically authorized, is hereby empowered to make and promulgate reasonable rules and regulations to carry out the provisions of this article.
Miss. Code Ann. § 63-1-13 Driver Services Division; director; technical, professional and clerical assistants.
The commissioner is hereby authorized and empowered to appoint a Director of the Driver Services Division who is a qualified elector of the State of Mississippi. Such director shall execute and furnish a bond in the amount of Ten Thousand Dollars ($10,000.00) with a surety company authorized to do business in this state. The bond shall be conditioned on the faithful performance of his duties and be subject to the approval of the commissioner. The director shall have control and supervision of the Driver Services Division and shall be answerable to the commissioner in the performance of his duties.
The commissioner shall employ such other technical, professional and clerical assistants as may be needed to conduct the work of the division. The commissioner is also authorized to employ a Director of the Driver License Examining Bureau and the necessary supervising examiners to assist the Director of the Driver License Examining Bureau in the supervision of the license personnel. The commissioner is also authorized to employ the necessary additional personnel to serve and be designated as license examiners. The commissioner shall not adopt or enforce any policy or any rule or regulation which prohibits any Highway Patrol officer from being employed and serving in any position in the Driver License Examining Bureau. The commissioner shall employ such other technical, professional and clerical assistants as may be needed to conduct the work of the bureau.
Miss. Code Ann. § 63-1-15 Designation and duties of drivers’ license examiners.
The Commissioner of Public Safety shall be authorized to designate persons who may act as examiners for license or instruction permits.
It shall be the duty of the license examiners to forward to the commissioner all applications rejected or approved in accordance with such rules and regulations as may be prescribed by the commissioner.
Miss. Code Ann. § 63-1-16 Department of Public Safety to furnish permanent license kiosk or examiner in each county seat at least one day per month if requested.
The Department of Public Safety shall, upon request of the board of supervisors, furnish either a permanent driver’s license kiosk or a license examiner at a location in each county seat for at least one (1) day every month to conduct licensing examinations, road tests and renewals. It is the option of the board of supervisors so requesting to choose either the permanent driver’s license kiosk or a license examiner. The county shall furnish the office, heating and cooling, phone service and Internet connectivity at the location for the kiosk or license examiner.
Miss. Code Ann. § 63-1-17 Maintenance of records relating to licenses and permits.
As the license examiners file their statements showing the serial numbers of licenses and temporary driving permits issued pursuant to this article during the preceding month, the commissioner shall keep a record of all licenses and permits issued pursuant to this article by such examiners, a record of all licenses and permits revoked, a record of all perforated sections mailed to him by the trial judges, and such other information that he deems necessary to carry out the provisions of this article.
Miss. Code Ann. § 63-1-19 Application for license; notification of change of address or name by licensee; registration with Selective Service for certain males.
Every applicant for a license or permit issued pursuant to this article, or for renewal of such license or permit, shall file an application for such license, permit or renewal, on a form provided by the Department of Public Safety, with the commissioner or an official license examiner of the department. All persons not holding valid, unexpired licenses issued in this state shall be required to secure an original license, except those specifically exempted from licensing under Section 63-1-7. The application shall state the name, date of birth, the social security number of the applicant unless the applicant is not a United States citizen and does not possess a social security number issued by the United States government, sex, race, color of eyes, color of hair, weight, height and residence address, and whether or not the applicant’s privilege to drive has been suspended or revoked at any time, and, if so, when, by whom, and for what cause, and whether any previous application by him has been denied, and whether he has any physical defects which would interfere with his operating a motor vehicle safely upon the highways. Every applicant for an original license shall show proof of domicile in this state. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which an applicant for an original license may show domicile in this state. Proof of domicile shall not be required of applicants under eighteen (18) years of age. Unless the applicant is not a United States citizen and does not possess a social security number issued by the United States government, each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972. No person who is illegally in the United States or Mississippi shall be issued a license. The application of a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall state the name, date of birth, sex, race, color of eyes, color of hair, weight, height and residence address, and whether or not the applicant’s privilege to drive has been suspended or revoked at any time, and, if so, when, by whom, and for what cause, and whether any previous application by him has been denied, and whether he has any physical defects which would interfere with his operating a motor vehicle safely upon the highways. The commissioner shall adopt and promulgate such rules and regulations as he deems appropriate requiring additional documents, materials, information or physical evidence to be provided by the applicant as may be necessary to establish the identity of the applicant and that the applicant is not present in the United States or the State of Mississippi illegally. Whenever a person who has applied for or who has been issued a license or permit under this article moves from the address listed in the application or on the permit or license, or whenever the name of a licensee changes by marriage or otherwise, such person, within thirty (30) days thereafter, shall notify, in writing, the Department of Public Safety, Driver Services Division, and inform the department of his or her previous address and new address and of his or her former name and new name. The department shall not change the name of a licensee or permittee on his or her license or permit unless the applicant appears in person at an office of the department and provides a certified copy of his or her marriage license, court order, birth certificate or divorce decree changing the licensee’s or permittee’s name. Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for a permit or license or a renewal of a permit or license under this chapter shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx 451, et seq., as amended. The department shall forward in an electronic format the necessary personal information of the applicant to the Selective Service System. The applicant’s submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration. The commissioner shall notify the applicant on, or as a part of, the application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required. The commissioner also shall notify any male applicant under the age of eighteen (18) that he will be registered upon turning age eighteen (18) as required by federal law.
Miss. Code Ann. § 63-1-21 Temporary permits; intermediate licenses.
To obtain a new or original Class R, Class D or intermediate driver’s license, every applicant other than a person holding a valid out-of-state license shall first obtain a regular learner’s permit, successfully complete the examination provided for in Section 63-1-33, and pay the regular learner’s permit fee and examination fee prescribed in Section 63-1-43. A regular learner’s permit entitles the holder, if the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver. A regular learner’s permit may be issued to any applicant who is at least fifteen (15) years of age and shall be valid for a period of two (2) years from the date of issue. An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 11:30 p.m. Friday and Saturday, and allows unsupervised driving any time for a person traveling directly to or from work. At all other times the intermediate licensee must be supervised by a parent, guardian or other person aged twenty-one (21) years or older who holds a valid driver’s license under this article and who is actually occupying the seat beside the driver. The fee for issuance of an intermediate license shall be as prescribed in Section 63-1-43.
Miss. Code Ann. § 63-1-23 Signature and verification of application for license of person under seventeen years of age by parents or other responsible person.
The application of any person under the age of seventeen (17) years for a temporary driving permit, intermediate license or license issued pursuant to this article shall be signed and verified before a person authorized to administer oaths by both the father and mother of the applicant, if both are living and have custody of him, or in the event neither parent is living then by the person or guardian having such custody or by an employer of him, or in the event there is no guardian or employer then by any other responsible person who is willing to assume the obligation imposed under Section 63-1-25 upon a person signing the application of a minor.
Miss. Code Ann. § 63-1-25 Imputation of negligence or willful misconduct of driver under seventeen years of age to person signing application for license.
Except as otherwise provided in Section 63-1-27, any negligence or wilful misconduct of a minor under the age of seventeen years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly or severally liable with such minor for any damages caused by such negligence or wilful misconduct.
Miss. Code Ann. § 63-1-27 Request for cancellation of minor’s license by person signing application; release from liability for negligence or misconduct of minor.
Any person who has signed the application of a minor for a license may thereafter file with the commissioner a verified written request that the license of said minor so granted be canceled. Thereupon the commissioner shall cancel the license of said minor and the person who signed the application of such minor shall be relieved from the liability imposed under Section 63-1-25 by reason of having signed such application on account of any subsequent negligence or wilful misconduct of such minor in operating a motor vehicle.
Miss. Code Ann. § 63-1-29 Repealed.
Repealed by Laws, 1994, ch. 588, § 9, eff from and after September 1, 1995.
[Codes, 1942, § 8098; Laws, 1938, ch. 143]
Miss. Code Ann. § 63-1-31 Appeal from denial of application for license or temporary permit.
When a person is denied a license or any temporary driving permit after filing the proper application, he shall have the right within sixty (60) days thereafter to file a petition, in the county or circuit court in the county wherein the application was filed, praying for a hearing in the matter before the judge of the court in which the application is presented. The judge is hereby vested with jurisdiction to hear such matters forthwith within termtime or during vacation, upon five (5) days’ written notice to the officer who refused to issue the license or any temporary driving permit. The hearing shall be conducted at a place as may suit the convenience of the court. On the hearing of the petition, testimony may be taken, and the court shall render judgment in the matter as it deems right and proper under the law and evidence.
Miss. Code Ann. § 63-1-33 Examination of applicant for license or regular learner’s permit; inspection of applicant’s automobile; certification of successful completion of driver education and training program at secondary school in lieu of examination.
Except as otherwise provided under subsection (6) of this section, it shall be the duty of the license examiner, when application is made for an operator’s license or regular learner’s permit, to test the applicant’s ability to read and understand road signs and to give the required signals as adopted by the National Advisory Committee on Uniform Traffic Control Devices and the American Association of Motor Vehicle Administrators. Except as otherwise provided under subsection (6) of this section, the commissioner shall have prepared and administer a test composed of at least ten (10) questions relating to the safe operation of a motor vehicle and testing the applicant’s knowledge of the proper operation of a motor vehicle. Every examination shall ensure adequate knowledge on the part of the applicant as to school bus safety requirements. Prior to the administration of the test, the license examiner shall inspect the horn, lights, brakes, vehicle registration and proof of liability coverage of the motor vehicle which the applicant expects to operate while being tested, and if he finds that any of the aforementioned items are deficient, no license or endorsement shall be issued to the applicant until same have been repaired. An applicant for a Mississippi driver’s license who, at the time of application, holds a valid motor vehicle driver’s license issued by another state shall not be required to take a written test. Except as otherwise provided by Section 63-1-6, when application is made for an original motorcycle endorsement, the applicant shall be required to pass a written test which consists of questions relating to the safe operation of a motorcycle and a skill test similar to the “Motorcycle Operator Skill Test,” which is endorsed by the American Association of Motor Vehicle Administrators. The commissioner may exempt any applicant from the skill test if the applicant presents a certificate showing successful completion of a course approved by the commissioner, which includes a similar examination of skills needed in the safe operation of a motorcycle. The Department of Public Safety may accept the certification of successful completion of an individual’s training in the knowledge and skills needed for the proper and safe operation of a motor vehicle from a driver education and training program at a secondary school that meets the standards of the department, in lieu of the department administering the examination of the individual for the purpose of obtaining a driver’s license. The commissioner and the State Board of Education shall jointly promulgate rules and regulations for the administration of this subsection.
Miss. Code Ann. § 63-1-34 Provision of video-taped instructional material to assist reading impaired applicants in preparing for driver’s license examinations.
From and after January 1, 1991, the Mississippi Authority for Educational Television shall prepare and the Commissioner of Public Safety shall make available for loan to applicants for driving permits and licenses under this article and under Article 5 of this chapter, who are reading impaired, video tapes of instructional material designed to assist such applicants in preparing for driver’s license examinations. The commissioner shall be authorized to charge and collect a fee from any person to whom any such video tape is loaned, such fee to serve as security for the return of the video tape and which fee shall be refunded to the person upon return of the video tape to the commissioner. Such fee shall be in an amount as the commissioner determines necessary to defray the actual cost to the commissioner in replacing the video tape but shall not exceed the amount of the fee provided by law to be paid for the issuance of the class of driver’s license for which the person is applying. The video tape shall be returned, in good working order, to the location that such tape was borrowed in order for the individual to receive his security refund. In the event such tape is not returned within thirty (30) days from time of rental all security fees will be forfeited to the Department of Public Safety. Such security funds and all forfeited fees shall be placed in a separate interest-bearing account known as the “Driver License Educational Fund for the Reading Impaired.” All forfeited security fees shall be used to replace unreturned tapes and to offset the cost of this program.
Miss. Code Ann. § 63-1-34.1 1. Issuance of limited driver’s license for persons using bioptic telescopic lenses; rehabilitation permit.
The Commissioner of Public Safety may issue a limited driver’s license for persons using bioptic telescopic lenses. The license shall be valid for one (1) year from the date of issuance. The commissioner may require the reevaluation of a licensee before the reissuance of a limited driver’s license. The commissioner shall prepare and administer a test for the central and peripheral vision of persons using bioptic telescopic lenses. If the person passes the test and is otherwise qualified, the person may receive a license under this section. The commissioner may issue a one-year driving rehabilitation permit subject to such restrictions as the commissioner may require. The fee for a license or permit issued under this section shall be the fee required for one-year licenses under Section 63-1-43, Mississippi Code of 1972. The commissioner may impose restrictions on any license or permit issued under this section and may issue rules and regulations governing such licenses and permits.
Miss. Code Ann. § 63-1-35 Form of license; use of Social Security Number of licensee; photograph of licensee; renewal of license by electronic means; registered sex offender’s license to identify licensee as sex offender; designation as veteran on license upon request of honorably discharged veteran.
The Commissioner of Public Safety shall prescribe the form of license issued pursuant to this article which shall, among other features, include a driver’s license number assigned by the Department of Public Safety. A licensee shall list his social security number with the department which shall cross reference the social security number with the driver’s license number for purposes of identification. Additionally, each license shall bear a full-face color photograph of the licensee in such form that the license and the photograph cannot be separated. The photograph shall be taken so that one (1) exposure will photograph the applicant and the application simultaneously on the same film. The department shall use a process in the issuance of a license with a color photograph that shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of the license or the superimposition of a photograph without ready detection. The photograph shall be replaced by the department at the time of renewal. Drivers’ licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner in conformity to Section 27-104-33. The commissioner shall prescribe the form of license issued pursuant to this article to licensees who are not United States citizens and who do not possess a social security number issued by the United States government. The license of such persons shall include a number and/or other identifying features. Any new, renewal or duplicate driver’s license, temporary driving permit, intermediate license or commercial driver’s license issued to a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the licensee or permittee as a sex offender. The commissioner is authorized to provide the new, renewal or duplicate driver’s license, temporary driving permit, intermediate license or commercial driver’s license to any honorably discharged veteran as defined in Title 38 of the United States Code, and such license or permit shall exhibit the letters “Vet” or any other mark identifying the person as a veteran. The veteran requesting the “Vet” designation shall present his DD-214 or equivalent document that includes a notation from the state Veterans Affairs Board that the applicant is a veteran.
Miss. Code Ann. § 63-1-37 Issuance of duplicate license.
If a license or regular learner’s permit issued under the provisions of this article is lost or destroyed, the licensee may obtain a duplicate copy by paying the fee prescribed in Section 63-1-43. The license or permit shall be marked “Duplicate.”
Miss. Code Ann. § 63-1-39 Signatures on license.
No license issued pursuant to this article shall be valid under the provisions of this article until it has been signed by the applicant.
Miss. Code Ann. § 63-1-41 Possession and display of license upon demand.
Every licensee shall have the required license in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a justice court judge, a peace officer or license examiner or other authorized employee of the commissioner. However, no person charged with violating this section shall be convicted if he produces in court a license theretofore issued to him and valid at the time of his arrest.
Miss. Code Ann. § 63-1-43 Fees for licenses generally.
The commissioner shall charge and collect the following fees: Fees to which the card stock fee authorized in Section 45-1-21 shall be added: Click to view Driver services fees to which the card stock fee authorized in Section 45-1-21 is not added: Click to view In addition to the fees required in this section, an applicant may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund. The applicant shall be informed that he may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund and shall be expended solely for the purpose of funding litter prevention projects or litter education programs, as recommended by the Statewide Litter Prevention Program of Keep Mississippi Beautiful, Inc. All originals and renewals of operators’ licenses shall be in compliance with Section 63-1-47.
Class R original or renewal four-year license authorized in Section 63-1-5 $18.00 Class R original or renewal eight-year license authorized in Section 63-1-5 $36.00 Class D original or renewal four-year license authorized in Section 63-1-47 $23.00 Class D original or renewal eight-year license authorized in Section 63-1-47 $46.00 Four-year Identification Card authorized in Section 45-35-7 $11.00 Eight-year Identification Card authorized in Section 45-35-7 $22.00 Eight-year Identification Card for the blind authorized in Section 45-35-7 $11.00 Four-year Disability Identification Card authorized in Section 45-35-53 $11.00 Regular Learner’s Permit authorized in Section 63-1-21 $ 1.00 Duplicate Identification Card or Disability Identification Card $ 5.00 Intermediate license authorized in Section 63-1-21 $ 5.00 Duplicate Class R or Class D license authorized in Section 63-1-37 $ 5.00 Class A, B or C Commercial driver’s license authorized in Section 63-1-208 $48.00 CDL Learner’s Permit authorized in Section 63-1-208 $10.00 Duplicate CDL or CDL learner’s permit $ 5.00 Ignition-Interlock-Restricted License authorized in Section 63-11-31 $50.00
Temporary Motorcycle Permit $ 1.00 Four-year or eight-year Motorcycle Endorsement $ 5.00 Late Renewal Fee $ 1.00 Four-year Identification Card upon medical reason for surrender of a driver’s license as authorized in (one (1) time only) Section 45-35-7 No fee Hazardous Materials Background Check (federal) $63.00 Hazardous Materials Background Check (state) $37.00 CDL Application Fee $25.00 CDL Endorsements: Tanker Endorsement $ 5.00 Doubles/Triples Endorsement $ 5.00 Passenger Endorsement $ 5.00 Hazardous Materials Endorsement $ 5.00 School Bus Endorsement $ 5.00
Miss. Code Ann. § 63-1-45 Maintenance of records relating to application forms and fees; audit of forms and funds; receipt for fees; effect of dishonor of check; disposition of fees.
License examiners shall keep a complete record of all funds received from applicants upon forms to be prescribed and furnished by the department out of the operating funds of the department. Application forms shall be printed in book form and serially numbered and in such form that the original thereof may be transmitted by the license examiner to the commissioner, together with the renewal fee. A copy signed by the examiner shall be given to the applicant, and a copy shall be retained by the examiner. The license examiner shall, not later than ten (10) days from the date of an application, transmit the application, together with the fee, to the commissioner. The application blanks and funds shall be subject to audit at any time. The commissioner shall maintain records of all application forms on hand and issued to the examiners, who shall be charged therewith. The receipt provided for in this section shall be the only valid and recognized form of receipt for fees paid by applicants, and the receipt shall be sufficient in lieu of the renewed license for a period of sixty (60) days or until the renewed license has been issued to the applicant by the commissioner. There shall be tendered with all applications for a temporary driving permit, temporary motorcycle driving permit, initial issuance of any license issued pursuant to this article, renewal licenses, duplicate licenses or any other services for which a fee is charged, the proper fee required by law by cash, certified check, money order or electronic payment as authorized under Section 27-104-33. The Commissioner of Public Safety shall deposit the amount of fees, together with all fees for duplicate licenses, permits, delinquent fees and reinstatement fees collected by him into the General Fund of the State Treasury, in accordance with the provisions of Section 45-1-23(2); however, Seven Dollars ($7.00) of the fee derived from the fee charged for original and renewal operators’ licenses imposed under Section 63-1-43(1) and Four Dollars ($4.00) of the fee derived from the fee charged for original and renewal Class D commercial drivers’ licenses under Section 63-1-43(4) shall be deposited into a special fund that is created in the State Treasury. Monies in the fund may be expended upon legislative appropriation solely for the purchase by the Mississippi Highway Safety Patrol of patrol cars, communications equipment and weapons.
Miss. Code Ann. § 63-1-46 Fees for reinstatement of license subsequent to suspension, revocation or cancellation generally; disposition of fees; procedure and fees for reinstatement of license suspended for noncompliance with support order.
Except as otherwise provided in this section, a fee of One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended, revoked or cancelled. The funds received under the provisions of this subsection shall be distributed as follows: Twenty-five Dollars ($25.00) shall be deposited into the State General Fund in accordance with Section 45-1-23; Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees’ Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7; Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33. A fee of One Hundred Seventy-five Dollars ($175.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended or revoked under the provisions of the Mississippi Implied Consent Law. The funds received under the provisions of this subsection shall be distributed as follows: One Hundred Dollars ($100.00) shall be deposited into the State General Fund in accordance with Section 45-1-23; Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees’ Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7; Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33. A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended for nonpayment of child support under the provisions of Sections 93-11-151 through 93-11-163. The funds received under the provisions of this subsection shall be deposited into the State General Fund in accordance with Section 45-1-23. The procedure for the reinstatement of a license issued under this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. A fee of Twenty-five Dollars ($25.00) will be charged for the reinstatement of a license that was suspended due to payment by a draft or other instrument that is dishonored by the payor. All reinstatement fees charged under this section shall be in addition to the fees prescribed in Section 63-1-43.
Miss. Code Ann. § 63-1-47 Duration and expiration of licenses; release of applicant’s school attendance records to department of public safety; suspension of license of certain students who drop out of school.
Except as otherwise provided in this section, each applicant for an original or renewal Class R or Class D license issued pursuant to this article, who is entitled to issuance of same, shall be issued a four-year license or an eight-year license, at the option of the applicant, which will expire at midnight on the licensee’s birthday and may be renewed any time within six (6) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined. The term of an intermediate license issued under this article shall be one (1) year. The term of an iginition-interlock-restricted license issued under this article shall be four (4) years. Any commercial driver’s license issued under Article 5 of this chapter shall be issued for a five-year term to expire at midnight on the licensee’s birthday. All applications by an operator under eighteen (18) years of age must be accompanied by documentation that the applicant is in compliance with the education requirements of Section 63-1-9(1)(g), and the documentation used in establishing compliance must be dated no more than thirty (30) days before the date of application. All applications by an operator under eighteen (18) years of age, if applicable, must be accompanied by documentation signed and notarized by the parent or guardian of the applicant and the appropriate school official, authorizing the release of the applicant’s attendance records to the Department of Public Safety as required under Section 63-1-10. The commissioner shall suspend the driver’s license, intermediate license or regular learner’s permit of a student under eighteen (18) years of age who has been reported by the Department of Education as required by Section 63-1-10.1, and shall give notice of the suspension to the licensee as provided in Section 63-1-52(4). A school superintendent or designee may request that the driver’s license, intermediate license or regular learner’s permit that has been suspended under the provisions of this subsection be reinstated after the student has successfully completed nine (9) weeks of school attendance without an unlawful absence. Any original or renewal license issued under this chapter to a person who is not a United States citizen shall expire four (4) years from the date of issuance or on the expiration date of the applicant’s authorized stay in the United States, whichever is the lesser period of time, and may be renewed, if the person is otherwise qualified to renew the license, within thirty (30) days of expiration. The fee for any such license and for renewal shall be as prescribed in Section 63-1-43. Any applicant for an original or renewal license under this subsection (4) must present valid documentary evidence documenting that the applicant: Is a citizen or national of the United States; Is an alien lawfully admitted for permanent or temporary residence in the United States; Has conditional permanent residence status in the United States; Has an approved application for asylum in the United States or has entered into the United States in refugee status; Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into or lawful presence in the United States; Has a pending application for asylum in the United States; Has a pending or approved application for temporary protected status in the United States; Has approved deferred-action status; Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States; or Has a valid employment authorization card issued by the United States Department of Homeland Security.
Miss. Code Ann. § 63-1-49 Renewal of licenses.
An expired license issued pursuant to this article may be renewed at any time within eighteen (18) months after the expiration date of the license upon application and payment of the required fee, and the payment of a delinquent fee prescribed in Section 63-1-43, in lieu of a driver examination, unless the holder of the expired license is required to be examined, or unless the department has reason to believe the licensee is no longer qualified to receive a license. Any person in the Armed Services of the United States, who holds a valid license issued pursuant to this chapter and is out of state due to military service at the time the license expires, may renew the license by mail or by online renewal services while out of state due to military service or at any time within ninety (90) days after being discharged from military service or upon returning to the state without payment of any delinquent fee or examination, unless the department has reason to believe that the licensee is no longer qualified to receive a license. The person shall make proof by affidavit of the fact of the person’s current military service or of the time of discharge or return. The expiration of the license of a military person under the provisions of this paragraph (a) shall not affect the validity of the license, but the license shall continue to be valid and permit the person to operate a motor vehicle in this state for a period of ninety (90) days after discharge from military service or return to the state or until renewal of the license, whichever occurs first. The provisions of paragraph (a) of this subsection (2) also apply to a dependent of a person in the armed services of the United States who is out of state due to military service if the dependent resides out of state with the armed services member and the license of the dependent expires during the family member’s absence from the state. The Commissioner of Public Safety may adopt such rules and regulations under the Administrative Procedures Act as may be necessary to implement the provisions of this paragraph. Any person holding a valid license issued pursuant to this article who is going overseas for two (2) to four (4) years and whose license will expire during the stay overseas may renew the license for four (4) years or eight (8) years before leaving. The person shall make proof by affidavit of the fact of the overseas travel.
Miss. Code Ann. § 63-1-51 Grounds and procedure for revocation of licenses; suspension of license for noncompliance with order for support.
It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person’s convictions of any of the following offenses when such conviction has become final: Manslaughter or negligent homicide resulting from the operation of a motor vehicle; Any felony in the commission of which a motor vehicle is used; Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another; Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles; or Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months. The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law. In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
Miss. Code Ann. § 63-1-52 Notice by Commissioner of Public Safety to person concerning suspension, cancellation or revocation of person’s driver’s license or driving privileges.
Whenever the Commissioner of Public Safety suspends, cancels or revokes the driver’s license or driving privileges of any person, notice of the suspension, cancellation or revocation shall be given to such person by the commissioner, or his duly authorized agent, in the manner provided in subsection (2) of this section and at the time provided in subsection (3) of this section or in the manner and at the time provided in subsection (4) of this section. Notice shall be given in the following manner: In writing, (i) by United States Certificate of Mailing; or (ii) by personal service at the person’s address as it appears on the driving record maintained by the Department of Public Safety or at the person’s last-known address; or (iii) by personal notice being given by any law enforcement officer of this state or any duly authorized agent of the Commissioner of Public Safety on forms prescribed and furnished by the Commissioner of Public Safety; whenever a person’s driver’s license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Driver License Compact Law, the Mississippi Implied Consent Law, the Mississippi Motor Vehicle Safety Responsibility Law or subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53. In writing, by United States first class mail, whenever a person’s driver’s license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Commercial Driver’s License Law, the Youth Court Law, Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, subsection (2)(g) or (2)(h) of Section 63-1-53, or Section 63-9-25. Notice shall be given at the following time: Before suspension, revocation or cancellation, whenever a person’s driver’s license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Driver License Compact Law, the Mississippi Motor Vehicle Safety Responsibility Law or subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53. Unless otherwise specifically provided for by law, at the time of suspension, revocation or cancellation, whenever a person’s driver’s license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Commercial Driver’s License Law, the Mississippi Implied Consent Law, the Youth Court Law, Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, subsection (2)(g) or (2)(h) of Section 63-1-53, or Section 63-9-25. Whenever the Commissioner of Public Safety suspends, revokes or cancels the driver’s license or driving privileges of any person in accordance with some provision of law other than a provision of law referred to in subsections (2) and (3) of this section, and the manner and time for giving notice is not provided for in such law, then notice of such suspension, revocation or cancellation shall be given in the manner and at the time provided for under subsections (2)(b) and (3)(b) of this section.
Miss. Code Ann. § 63-1-53 Notice to accused upon failure to pay fine; notice to Commissioner of Public Safety; authority of commissioner to suspend license without preliminary hearing; notice of suspension; hearing.
Upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first-class mail at his last known address advising such person that, if within ninety (90) days after such notice is deposited in the mail, the person has not paid the entire amount of all fines, fees and assessments levied, then the court will pursue collection as for any other delinquent payment, and shall be entitled to collection of all additional fees in accordance with subsection (4) of this section. The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee: Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law; Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage; Is an habitually reckless or negligent driver of a motor vehicle; Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways; Is incompetent to drive a motor vehicle; Has permitted an unlawful or fraudulent use of such license; Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; or Has committed a violation for which mandatory revocation of license is required upon conviction, entering a plea of nolo contendere to, or adjudication of delinquency, pursuant to the provisions of subsection (1) of Section 63-1-71. Notice that a person’s license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person’s request, he shall be afforded an opportunity for a hearing as early as practicable, but not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license. If a licensee has not paid all cash appearance bonds authorized under Section 99-19-3 or all fines, fees or other assessments levied as a result of a violation of this title within ninety (90) days after receiving notice of the licensee’s failure to pay all fines, fees or other assessments as provided in subsection (1) of this section, the court is authorized to pursue collection under Section 21-17-1(6) or 19-3-41(2) as for any other delinquent payment, and shall be entitled to collection of all additional fees authorized under those sections.
Miss. Code Ann. § 63-1-55 Suspension of license of minor by trial judge; requirement of completion of defensive driving course; costs and assessments; procedure upon appeal of suspension.
A trial judge, in his discretion, if the person so convicted or who has entered a plea of guilty for any traffic violation, except the offenses enumerated in paragraphs (a) through (e) of subsection (1) of Section 63-1-51 and violations of the Implied Consent Law and the Uniform Controlled Substances Law, is a minor and dependent upon and subject to the care, custody and control of his parents or guardian, may, in lieu of the penalties otherwise provided by law and the provision of said section, suspend such minor’s driver’s license by taking and keeping same in custody of the court for a period of time not to exceed ninety (90) days. The judge so ordering such suspension shall enter upon his docket “DEFENDANT’S DRIVER’S LICENSE SUSPENDED FOR_______________DAYS IN LIEU OF CONVICTION” and such action by the trial judge shall not constitute a conviction. The trial judge also may require the minor to successfully complete a defensive driving course approved by the judge as a condition of the suspension. Costs of court and penalty assessment for driver education and training program may be imposed in such actions within the discretion of the court. Should a minor appeal, in the time and manner as by law provided, the decision whereby his license is suspended, the trial judge shall then return said license to the minor and impose the fines and/or penalties that he would have otherwise imposed and same shall constitute a conviction.
Miss. Code Ann. § 63-1-57 Driving while license or driving privilege cancelled, suspended or revoked.
Any person whose license issued pursuant to this article or driving privilege as a nonresident has been canceled, suspended or revoked as provided in this title or in Section 93-11-157 or 93-11-163, as the case may be, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended or revoked, is guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than two (2) days or more than six (6) months. There may be imposed in addition thereto a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) for each offense.
Miss. Code Ann. § 63-1-58 License suspensions and restrictions to run consecutively.
Suspension or restriction of driving privileges for any person convicted of or nonadjudicated for violations of the Implied Consent Law or any administrative suspension imposed under this chapter shall run consecutively and not concurrently.
Miss. Code Ann. § 63-1-59 Making false affidavit or statements.
Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this article to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punishable by fine or imprisonment as other persons committing perjury are punishable.
Miss. Code Ann. § 63-1-60 Alteration, fraudulent use, or fraudulent procurement of license.
It shall be unlawful for any person: To display, cause or permit to be displayed, or have in his possession, any fictitious, fraudulently altered or fraudulently obtained driver’s license; To display or represent any driver’s license not issued to him as being his own driver’s license; To photograph, photostat, duplicate or in any way reproduce, manufacture, sell or distribute or alter any driver’s license, or facsimile thereof, in such a manner that it could be mistaken for a valid driver’s license; To display or have in his possession any photograph, photostat, duplicate, reproduction or facsimile of a driver’s license unless authorized by law; or To take a driver’s license examination for another or to use any other name, other than his own, on the driver’s license application in an attempt to take the driver’s license examination for another. Any person convicted of a violation of paragraph (a), (b), (d) or (e) of subsection (1) of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Any person under twenty-one (21) years of age at the time of the offense who is convicted of a violation of paragraph (c) of subsection (1) of this section shall be punished as follows: A first offense shall be a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. A second or subsequent offense, the offenses being committed within a period of five (5) years, shall be a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. Any person twenty-one (21) years of age or older at the time of the offense who is convicted of a violation of paragraph (c) of subsection (1) of this section is guilty of a felony and shall be punished by a fine of not less than Five Thousand Dollars ($5,000.00), or imprisonment for not more than three (3) years, or by both such fine and imprisonment.
Miss. Code Ann. § 63-1-61 Causing or permitting child or ward under sixteen years of age to drive without authorization.
No person shall cause or knowingly permit his child or ward under the age of sixteen (16) years to drive a motor vehicle upon any highway if such minor is not authorized under the provisions of this article or is in violation of any of the provisions of this article. Any penalty imposed under the provisions of this section shall be in addition to any penalty imposed against the minor for a violation of this article.
Miss. Code Ann. § 63-1-63 Permitting operation of vehicle by another person in violation of article.
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under the provisions of this article or in violation of any of the provisions of this article.
Miss. Code Ann. § 63-1-65 Loan of license or temporary permit to another or use of another’s permit or license.
It shall be unlawful for any person to lend or borrow any temporary driving permit or license issued pursuant to this article, or to display or represent a license or temporary permit not issued to himself. Any person violating this section shall be fined not less than Five Dollars ($5.00) and costs and not more than Twenty-five Dollars ($25.00) and costs.
Miss. Code Ann. § 63-1-67 Renting motor vehicle to another.
No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed under the provisions of this article, or, in the case of a nonresident, then duly licensed under the laws of the state or country of his residence except a nonresident whose home state or country does not require that an operator be licensed. No person shall rent a motor vehicle to another until he has inspected the license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his presence. Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person and the date and place when and where said license was issued. Such record shall be open to inspection by any police officer or officers or employee of the commissioner.
Miss. Code Ann. § 63-1-69 Punishment for violations where no specific penalty provided.
Any person convicted of a violation of this article or any provisions of said article for which no other penalty is provided shall be punished by a fine of not less than five dollars ($5.00) and costs and not more than two hundred fifty dollars ($250.00) and costs, or by imprisonment in the county jail for a period of from one to six months, or by both the fine and imprisonment at the discretion of the court.
Miss. Code Ann. § 63-1-71 Revocation or suspension of driving privilege of person convicted of violation of Uniform Controlled Substance Law or violation of similar law of another jurisdiction; reduction of suspension in hardship cases.
[Effective from and after October 15, 2019, this section will read as follows:]
Notwithstanding the provisions of Section 63-11-30(3) and in addition to any penalty authorized by the Uniform Controlled Substances Law or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of driving under the influence of a controlled substance, or entering a plea of nolo contendere thereto, or adjudicated delinquent therefor, in a court of this state, the United States, another state, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, shall forthwith forfeit his right to operate a motor vehicle over the highways of this state for a period of not less than six (6) months. In the case of any person who at the time of the imposition of sentence does not have a driver’s license or is less than sixteen (16) years of age, the period of the suspension of driving privileges authorized herein shall commence on the day the sentence is imposed and shall run for a period of not less than six (6) months after the day the person obtains a driver’s license or reaches the age of sixteen (16). If the driving privilege of any person is under revocation or suspension at the time of any conviction or adjudication of delinquency for driving under the influence of a controlled substance, the revocation or suspension period imposed herein shall commence as of the date of termination of the existing revocation or suspension. The court in this state before whom any person is convicted of or adjudicated delinquent for driving under the influence of a controlled substance shall collect forthwith the Mississippi driver’s license of the person and forward such license to the Department of Public Safety along with a report indicating the first and last day of the suspension or revocation period imposed pursuant to this section. If the court is for any reason unable to collect the license of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the Commissioner of Public Safety. That report shall include the complete name, address, date of birth, eye color and sex of the person and shall indicate the first and last day of the suspension or revocation period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or revocation imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in Section 63-11-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of Section 63-11-40. If the person is the holder of a driver’s license from another jurisdiction, the court shall not collect the license but shall notify forthwith the Commissioner of Public Safety who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person’s nonresident driving privilege in this state. The county court or circuit court having jurisdiction, on petition, may reduce the suspension of driving privileges under this section if the suspension would constitute a hardship on the offender. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Twenty Dollars ($20.00) for each year, or portion thereof, of license revocation or suspension remaining under the original sentence, which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.
Miss. Code Ann. § 63-1-73 Repealed.
Repealed by Laws of 2015, ch. 326, § 2, effective July 1, 2015.
§ 63-1-73 . [Laws, 2009, ch. 488, § 5; Laws, 2011, ch. 481, § 2, eff from and after July 1, 2011.] Editor’s Notes — Former § 63-1-73 prohibited the use of a wireless communication device by persons authorized to drive under intermediate licenses or temporary learning or driving permits while the vehicle is in motion or by a person operating a passenger bus with a minor passenger on the bus, with some exceptions. For present provisions relating to the prohibition against texting or reading or posting to social media network site while driving, see § 63-33-1 .
Miss. Code Ann. § 63-1-74 Repealed.
Repealed by Laws, 2009, ch. 560, § 27, effective July 1, 2009.
§ 63-1-74 . [Laws, 1989, ch. 482, § 2, eff from and after January 1, 1990.] § 63-1-75 . [Laws, 1989, ch. 482, § 3; Laws, 2003, ch. 485, § 8; Laws, 2005, ch. 541, § 3, eff from and after July 1, 2005.] § 63-1-76 . [Laws, 1989, ch. 482, § 4, eff from and after January 1, 1990.] § 63-1-77 . [Laws, 1989, ch. 482, § 5, eff from and after January 1, 1990.] § 63-1-78 . [Laws, 1989, ch. 482, § 6; Laws, 1992, ch. 304 § 1; Laws, 2005, ch. 541, § 2, eff from and after July 1, 2005.] § 63-1-79 . [Laws, 1989, ch. 482, § 7; Laws, 1992, ch. 467, § 1; Laws, 1995, ch. 407, § 1; Laws, 2004, ch. 322, § 1, eff from and after July 1, 2004.] § 63-1-80 . [Laws, 1989, ch. 482, § 8, eff from and after January 1, 1990.] § 63-1-81 . [Laws, 1989, ch. 482, § 9; Laws, 1997, ch. 588, § 20; Laws, 2002, ch. 388, § 2; Laws, 2005, ch. 541, § 9, eff from and after July 1, 2005.] § 63-1-82 . [Laws, 1989, ch. 482, § 10; Laws, 1992, ch. 488, § 1; Laws, 2001, ch. 535, § 4; Laws, 2004, ch. 322, § 2; Laws, 2005, ch. 332, § 1; Laws, 2005, ch. 541, § 5, eff from and after July 1, 2005.] § 63-1-83 . [Laws, 1989, ch. 482, § 11; Laws, 1996, ch. 507, § 14; Laws, 2005, ch. 541, § 4, eff from and after July 1, 2005.] § 63-1-84 . [Laws, 1989, ch. 482, § 12, eff from and after January 1, 1990.] § 63-1-85 . [Laws, 1989, ch. 482, § 13, eff from and after January 1, 1990.] § 63-1-86 . [Laws, 1989, ch. 482, § 14, eff from and after January 1, 1990.] § 63-1-87 . [Laws, 1989, ch. 482, § 15, eff from and after January 1, 1990.] § 63-1-88 . [Laws, 1989, ch. 482, § 16, eff from and after January 1, 1990.] § 63-1-89 . [Laws, 1989, ch. 482, § 17, eff from and after January 1, 1990.] § 63-1-90 . [Laws, 1989, ch. 482, § 18, eff from and after January 1, 1990.] Editor’s Notes — Former § 63-1-74 provided the purpose and construction of the article. For present similar provisions, see § 63-1-202 . Former § 63-1-75 provided definitions for terms used in the article. For present similar provisions, see § 63-1-203 . Former § 63-1-76 provided that no person who drives a commercial motor vehicle could have more than one (1) driver’s license. For present similar provisions, see § 63-1-204 . Former § 63-1-77 required persons driving commercial motor vehicles to have commercial driver’s license. Former § 63-1-78 related to the applicability of provisions of the article. For present similar provisions relating to exemption of farm-related service industry employees, see § 63-1-207 . Former § 63-1-79 provided commercial driver’s license qualification standards. For present similar provisions, see § 63-1-208 . Former § 63-1-80 related to nonresident commercial driver’s licenses. For present similar provisions, see § 63-1-209 . Former § 63-1-81 related to the application for commercial driver’s licenses. For present similar provisions, see § 63-1-210 . Former § 63-1-82 related to commercial driver’s license content, classification, endorsement, and restrictions. For present similar provisions, see § 63-1-211 . Former § 63-1-83 related to the suspension of commercial driver’s licenses. For present similar provisions, see § 63-1-216 . Former § 63-1-84 related to implied consent to tests for presence of alcohol in the blood. For present similar provisions, see § 63-1-224 . Former § 63-1-85 provided classifications of offenses under article and relationship to other laws. For present similar provisions, see § 63-1-225 . Former § 63-1-86 related to notification of state licensing authority of suspension, revocation, cancellation, etc. For present similar provisions, see § 63-1-212 . Former § 63-1-87 provided for reciprocity. For present similar provisions, see § 63-1-215 . Former § 63-1-88 related to full faith and credit of out-of-state convictions. For present similar provisions, see § 63-1-215 . Former § 63-1-89 related to the promulgation of rules and regulations by the commissioner of public safety. Former § 63-1-90 provided for the use of inspection stations for commercial driver’s license testing sites. For present similar provisions, see § 63-1-226 . Article 2 also contained a former § 63-1-73 (Laws, 1989, ch. 482, § 1, effective from and after January 1, 1990), which was repealed by Laws of 2009, ch. 560, § 27, effective July 1, 2009. A new § 63-1-73 , enacted by Laws of 2009, ch. 488, § 5, effective from and after July 1, 2009, now appears in Article 1.
Miss. Code Ann. § 63-1-101 Short title.
This article may be cited as the Mississippi Driver License Compact Law.
Miss. Code Ann. § 63-1-103 Form of compact.
The Driver License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
DRIVER LICENSE COMPACT
ARTICLE I
Findings and Declaration of Policy
The party states find that:
The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles. Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property. The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated. ARTICLE II Definitions As used in this compact: “State” means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. “Home state” means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle. “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority. ARTICLE III Reports of Conviction The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or whether the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith. ARTICLE IV Effect of Conviction The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of conviction for: Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another. ARTICLE V Application for New Licenses Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if: ARTICLE VI Applicability of Other Laws Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state. ARTICLE VII Compact Administrator and Interchange of Information The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact. The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact. ARTICLE VIII Entry Into Force and Withdrawal This compact shall enter into force and become effective as to any state when it has enacted the same into law. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal. ARTICLE IX Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
It is the policy of each of the party states to:
Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
Any felony in the commission of which a motor vehicle is used;
As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this Article, such party state shall construe the denomination and description appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this Article.
The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
Miss. Code Ann. § 63-1-105 Governor as “executive head.”
As used in the compact, with reference to this state, the term “executive head” shall mean the governor.
Miss. Code Ann. § 63-1-107 Commissioner of public safety as “licensing authority;” duties of commissioner.
As used in the compact, the term “licensing authority” with reference to this state, shall mean the department of public safety. The commissioner of public safety shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV and V of the compact.
Miss. Code Ann. § 63-1-109 Compensation of commissioner as compact administrator.
The commissioner of public safety as compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of his service as such administrator. However, he shall be entitled to expenses incurred in connection with his duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment.
Miss. Code Ann. § 63-1-111 Reports by courts or other state agencies to commissioner.
Any court or other agency of this state, or a subdivision thereof, which has jurisdiction to take any action suspending, revoking or otherwise limiting a license to drive, shall report any such action and the adjudication upon which it is based to the commissioner of public safety in the manner and within the time provided by subsection (1) of section 63-1-51 and section 63-1-55.
Miss. Code Ann. § 63-1-113 Applicability of Article IV of compact to certain offenses.
Article IV of the compact, set forth in section 63-1-103, shall apply to those offenses enumerated in subsection (1) of section 63-1-51, and any suspension therefor shall be governed by the provisions of section 63-1-53.
Miss. Code Ann. § 63-1-201 Short title.
This article may be cited as the Commercial Driver’s License Act.
Miss. Code Ann. § 63-1-202 Statement of intent and purpose.
The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (49 USCS Appx. Section 2701 et seq.), hereinafter referred to as “CMVSA,” and thereby prevent the loss to the State of Mississippi of substantial federal highway funds as a penalty for failure to comply therewith.
This article is a remedial law which should be liberally construed to promote public health, safety and welfare. The provisions of Article 1 of this chapter, being the Highway Safety Patrol and Driver’s License Law of 1938, and the provisions of Title 63, Chapter 11, Mississippi Code of 1972, being the Mississippi Implied Consent Law, including penalties for violations thereof, shall be applicable to the provisions of this article to the extent that such laws do not conflict with the provisions of this article. If any provisions of this article conflict with the provisions of the Highway Safety Patrol and Driver’s License Law of 1938 or the Mississippi Implied Consent Law, then the provisions of this article shall control.
Miss. Code Ann. § 63-1-203 Definitions.
As used in this article:
“Alcohol” means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol.
“Alcohol concentration” means the concentration of alcohol in a person’s blood or breath. When expressed as a percentage it means:
The number of grams of alcohol per one hundred (100) milliliters of blood; or
The number of grams of alcohol per two hundred ten (210) liters of breath.
“Commercial driver’s license” or “CDL” means a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR, Part 383, to an individual which authorizes the individual to operate a class of commercial motor vehicle.
“Commercial driver’s license information system” or “CDLIS” means the CDLIS established by the Federal Motor Carrier Safety Administration (FMCSA) pursuant to Section 12007, of the Commercial Motor Vehicle Safety Act of 1986.
“Commercial learner’s permit” means a permit issued pursuant to Section 63-1-208(5).
“Commercial motor vehicle” or “CMV” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
Has a gross combination weight rating of eleven thousand seven hundred ninety-four (11,794) kilograms or more (twenty-six thousand one (26,001) pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than four thousand five hundred thirty-six (4,536) kilograms (ten thousand (10,000) pounds);
Has a gross vehicle weight rating of eleven thousand seven hundred ninety-four (11,794) or more kilograms (twenty-six thousand one (26,001) pounds or more);
Is designed to transport sixteen (16) or more passengers, including the driver;
Is of any size and is used in the transportation of hazardous materials as defined in this section; or
The term shall not include:
1. Authorized emergency vehicles as defined in Section 63-3-103;
2. Motor homes as defined in Section 63-3-103; however, this exemption shall only apply to vehicles used strictly for recreational, noncommercial purposes;
3. Military and commercial equipment owned or operated by the United States Department of Defense, including the National Guard and Mississippi Military Department, and operated by: active duty military personnel; members of the military reserves; members of the National Guard on active duty, including personnel on full-time National Guard duty; personnel on part-time National Guard training; National Guard military technicians (civilians who are required to wear military uniforms); employees of the Mississippi Military Department; and active duty United States Coast Guard personnel. This exception is not applicable to United States Reserve technicians;
4. Farm vehicles, which are vehicles:
a. Controlled and operated by a farmer;
b. Used to transport either agricultural products, farm machinery, farm supplies, or both, to or from a farm;
c. Not used in the operations of a common or contract motor carrier; and
d. Used within one hundred fifty (150) miles of the farm.
“Controlled substance” means any substance so classified under Section 102(6) of the Controlled Substances Act, 21 USCS 802(6), and includes all substances listed on Schedules I through V of 21 Code of Federal Regulations, Part 1308, as they may be revised from time to time, any substance so classified under Sections 41-29-113 through 41-29-121, Mississippi Code of 1972, and any other substance which would impair a person’s ability to operate a motor vehicle.
“Conviction” means an unvacated adjudication of guilt, or a determination by a judge or hearing officer that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. Conviction shall also mean a plea of guilty or nolo contendere which has been accepted by the court.
“Disqualification” means any of the following three (3) actions:
The suspension, revocation or cancellation of a commercial driver’s license by the state or jurisdiction of issuance;
Any withdrawal of a person’s privilege to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control, other than parking, vehicle weight or vehicle defect violations; or
A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 CFR, Part 391.
“Driver” means any person who drives, operates or is in physical control of a commercial motor vehicle on a public highway or who is required to hold a commercial driver’s license.
“Employer” means any person, including the United States, a state, the District of Columbia or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle.
“Foreign” means outside the fifty (50) United States and the District of Columbia.
“Gross combination weight rating” or “GCWR” means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, gross combination weight rating will be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load thereon.
“Gross vehicle weight rating” or “GVWR” means the value specified by the manufacturer as the loaded weight of a single vehicle.
“Hazardous materials” means any material that has been designated as hazardous under 49 USCS Section 5103 and is required to be placarded under subpart F of 49 CFR, Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR, Part 73.
“Imminent hazard” means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
“Nonresident commercial driver’s license” or “nonresident CDL” means a commercial driver’s license issued by a state to an individual under either of the following two (2) conditions:
To an individual domiciled in a foreign country meeting the requirements of 49 CFR, Part 383.23(b)(1); or
To an individual domiciled in another state meeting the requirements of 49 CFR, Part 383.23(b)(2).
“Serious traffic violation” means conviction at any time when operating a commercial motor vehicle or at those times when operating a noncommercial motor vehicle when the conviction results in the revocation, cancellation, or suspension of the operator’s license or operating privilege, of:
Excessive speeding, involving a single charge of any speed fifteen (15) miles per hour or more, above the posted speed limit;
Reckless driving, as defined under state or local law;
Improper traffic lane changes, as defined in Section 63-3-601, 63-3-603, 63-3-613 or 63-3-803;
Following the vehicle ahead too closely, as defined in Section 63-3-619;
A violation of any state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person;
Operating a commercial motor vehicle without obtaining a commercial driver’s license;
Operating a commercial motor vehicle without a commercial driver’s license in the driver’s possession;
Operating a commercial motor vehicle without the proper class of commercial driver’s license or endorsements, or both.
“Out-of-service order” means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction, that a driver, or a commercial motor vehicle, or a motor carrier operation, is out of service pursuant to 49 CFR, Part 386.72, 392.5, 395.13, 396.9 or compatible laws, or the North American Uniform Out-of-Service Criteria.
“State of domicile” means that state where a person has a true, fixed and permanent home and principal residence and to which the person has the intention of returning whenever the person is absent.
“Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 CFR, Part 171. However, they do not include portable tanks having a rated capacity under one thousand (1,000) gallons.
“United States” means the fifty (50) states and the District of Columbia.
Miss. Code Ann. § 63-1-204 Limitation on number of driver’s licenses.
No person who drives a commercial motor vehicle shall have more than one (1) driver’s license.
Miss. Code Ann. § 63-1-205 Notification required by driver.
The driver of a commercial motor vehicle shall notify the state and employers of convictions as follows:
The state. — Any driver of a commercial motor vehicle holding a driver’s license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the commissioner in the manner specified by the commissioner within thirty (30) days of the date of conviction.
Employers. — Any driver of a commercial motor vehicle holding a driver’s license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the driver’s employer in writing of the conviction within thirty (30) days of the date of conviction.
Notification of suspensions, revocations and cancellations.— A driver whose driver’s license is suspended, revoked, or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify the driver’s employer of that fact before the end of the business day following the day the driver received notice of that fact.
Notification of previous employment. — Any person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the ten (10) years preceding the date of application:
A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;
The dates between which the applicant drove for each employer; and
The reason for leaving that employer.
The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
Miss. Code Ann. § 63-1-206 Employer responsibilities.
Each employer shall require the applicant to provide the information specified in Section 63-3-205(c). No employer may knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in the United States: During any period in which the driver has a CMV driver’s license suspended, revoked, or cancelled by a state or has lost the privilege to operate a commercial motor vehicle in a state, or has been disqualified from operating a commercial motor vehicle; During any period in which the driver has more than one (1) CMV driver’s license; During any period in which the driver, or the CMV the driver is driving, or the motor carrier operation, is subject to an out-of-service order; or In violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings.
Miss. Code Ann. § 63-1-207 Commercial driver’s license required.
Except when driving under a commercial learner’s permit and accompanied by the holder of a commercial driver’s license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this state unless the person: Holds a commercial driver’s license; Is in immediate possession of the license; and The license has the applicable endorsements valid for the vehicle the person is driving. No person may be found to have committed a violation of subsection (1) of this section if the person provides proof to the court having jurisdiction of the traffic complaint that the individual held a commercial driver’s license valid for the vehicle the person was driving on the date the complaint was issued. No person may drive a commercial motor vehicle while the person’s driving privilege is suspended, revoked, or cancelled, while subject to a disqualification. No person may drive a commercial motor vehicle in violation of an out-of-service order. Notwithstanding the provisions of this section, employees of farm-related service industries shall be exempt from the knowledge and skills tests required under this article, and shall be issued restricted commercial driver’s licenses as long as the applicants meet the requirements of 49 CFR, Part 383, as amended from time to time, and upon payment of the appropriate fee. “Farm-related service industries” shall include farm retail outlets and suppliers, agri-chemical businesses, custom harvesters, and livestock feeders.
Miss. Code Ann. § 63-1-208 Commercial driver’s license qualification standards.
Except as otherwise provided, the commissioner shall not issue a commercial driver’s license and commercial learner’s permit to any person under the age of twenty-one (21) years. No person may be issued a commercial driver’s license unless that person is domiciled in this state and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 CFR, Part 383, subparts F, G and H and has satisfied all other requirements of Title XII of Public Law 99-570 in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the commissioner. If the applicant wishes to have a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. In addition, the applicant must successfully complete the security threat assessment required by 49 CFR, Part 1572. The commissioner may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided: The test is the same as would otherwise be administered by the state; and The third party has entered into an agreement with this state which complies with requirements of 49 CFR, Part 383.75. A skills test may be waived as follows: The commissioner, by rules adopted pursuant to the Mississippi Administrative Procedures Law, shall provide for a waiver of the skills test specified in this section for a commercial driver’s license applicant who meets the requirements of 49 CFR, Part 383.77; The rules may establish deadlines by which applicants must claim entitlement and qualification to skills test waivers and may provide for the scheduling of group knowledge testing; The commissioner shall adopt rules and regulations to carry out the provisions of this subsection (4) as soon as practicable after July 1, 2017, but in any case no later than July 1, 2018. A commercial learner’s permit shall be issued as follows: A commercial learner’s permit may be issued to an individual who holds a valid Mississippi driver’s license who has passed the vision and written tests required for the class of license authorizing the operation of the type of vehicle for which the permit application is being made; The commercial learner’s permit shall be issued for a period of six (6) months for the fee prescribed in Section 63-1-43. Only one (1) renewal or reissuance may be granted within a two-year period. The holder of a commercial learner’s permit may, unless otherwise disqualified, drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver’s license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. A commercial driver’s license or commercial learner’s permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person’s driver’s license is suspended, revoked or cancelled in any state. A driver’s license may not be issued to a person who has a commercial driver’s license issued by any state unless the person first surrenders all driver’s licenses issued by any state, which licenses shall be returned to the issuing states for cancellation. A person shall be entitled to take the test for a commercial driver’s license unless the person’s driver’s license is, at the time of the requested test, suspended, revoked, cancelled or disqualified in any other state. Notwithstanding any requirement imposed by state law or state or federal regulations restricting the issuance of a commercial driver’s license to a person suffering from diabetes, a person suffering from diabetes may be issued a commercial driver’s license if the person otherwise meets all qualifications for issuance provided: The driver is physically examined every year, including an examination by a board-certified/eligible endocrinologist attesting to the fact that the driver is: Free of insulin reactions (an individual is free of insulin reactions if that individual does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one (1) documented, symptomatic hypoglycemic reaction per month); Able to and has demonstrated willingness to properly monitor and manage the person’s diabetes; and Not likely to suffer any diminution in driving ability due to the person’s diabetic condition. The driver agrees to and complies with the following conditions: A source of rapidly absorbable glucose shall be carried at all times while driving; Blood glucose levels shall be self-monitored one (1) hour prior to driving and at least once every four (4) hours while driving or on duty prior to driving using a portable glucose monitoring device equipped with a computerized memory; Submit blood glucose logs to the endocrinologist or medical examiner at the annual examination or when otherwise directed by the Department of Public Safety; Provide a copy of the endocrinologist’s report to the medical examiner at the time of the annual medical examination; and Provide a copy of the annual medical certification to the person’s employer for retention in the driver’s qualification file and retain a copy of the certification on his person while driving for presentation to a duly authorized federal, state or local enforcement official. The commercial license issued under this subsection (8) will bear an endorsement restricting commercial driving on the license to driving only within the boundaries of Mississippi. The fees for all licenses, permits, renewals and endorsements shall be as prescribed in Section 63-1-43.
Miss. Code Ann. § 63-1-209 Nonresident commercial driver’s license.
The commissioner may issue a nonresident commercial driver’s license to a person domiciled in a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 CFR, Part 383. In addition, the commissioner may issue a nonresident commercial driver’s license to a person domiciled in a state while that state is prohibited from issuing commercial driver’s licenses in accordance with 49 CFR, Part 384.405. The word “nonresident” must appear on the face of the nonresident commercial driver’s license. An applicant shall surrender any nonresident commercial driver’s license issued by another state. Prior to issuing a nonresident commercial driver’s license, the commissioner shall establish the practical capability of revoking or suspending the nonresident commercial driver’s license.
Miss. Code Ann. § 63-1-210 Application for commercial driver’s license.
The application for a commercial driver’s license or commercial learner’s permit shall include the following: The full name and current mailing and residential addresses of the person. A physical description of the person, including sex, height and weight. Date of birth. The applicant’s social security number. The person’s signature. Certifications that: For an applicant who operates or expects to operate in interstate or foreign commerce or who is otherwise subject to 49 CFR, Part 391, the applicant meets the qualification requirements contained in Part 391; or for an applicant who operates or expects to operate entirely in intrastate commerce and who is not subject to Part 391, that the applicant is subject to state driver qualification requirements and is not subject to Part 391; The motor vehicle in which the applicant’s skills test will be taken is representative of the type of motor vehicle that the applicant operates or expects to operate; The applicant is not subject to any disqualification under 49 CFR, Part 385.51, or any license suspension, revocation, or cancellation under state law; and The applicant does not have a driver’s license from more than one (1) state or jurisdiction. Any other information required by the commissioner, including, but not limited to, the names of all states or jurisdictions where the applicant has been licensed to operate any type of motor vehicle during the previous ten (10) years. The application shall be accompanied by a fee as prescribed in Section 63-1-43. When a licensee or permittee changes his or her name, mailing address, or residence or in the case of the loss, mutilation, or destruction of a license or permit, the licensee or permittee shall notify the commissioner within sixty (60) days and apply in person for a duplicate license or permit in the same manner as set forth in subsection (1) of this section. The fee for a duplicate license or permit shall be as prescribed in Section 63-1-43. A person who has been a resident of this state for more than thirty (30) days shall not drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction. Any person who knowingly falsifies information or certifications required under subsection (1) of this section shall have the person’s commercial driver’s license revoked. Such persons may reapply for a commercial driver’s license no sooner than sixty (60) days after the revocation. Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for or renews a commercial driver’s license or renewal of a commercial learner’s permit under this article shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx. 451 et seq., as amended. The department shall forward in an electronic format the necessary personal information of the applicant to the Selective Service System. The applicant’s submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration. The commissioner shall notify the applicant on, or as a part of, the application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required. The commissioner also shall notify any male applicant under the age of eighteen (18) that he will be registered upon turning age eighteen (18) as required by federal law.
Miss. Code Ann. § 63-1-211 Commercial driver’s license.
Contents of license. —A commercial driver’s license shall be marked “commercial driver’s license” or “CDL,” and shall be, to the maximum extent practicable, tamper proof, and shall include, but not be limited to, the following information: The name and residential address of the person. The person’s color photograph or imaged likeness. A physical description of the person including sex, height, and weight. Date of birth. Any number or identifier deemed appropriate by the commissioner. The person’s signature. The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions. The name of this state. The dates between which the license is valid. Classifications, endorsements and restrictions. —Driver’s licenses may be issued with the following classifications, endorsements, and restrictions: Classifications. —Licensees may drive all vehicles in the class for which the license is issued and all lesser classes of vehicles, except those requiring special endorsements. 1. Vehicles designed to transport sixteen (16) or more passengers, including the driver; and 2. Vehicles used in the transportation of hazardous materials as defined in Section 63-1-203. Class A – Any combination of vehicles with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand (10,000) pounds. Class B – Any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, and any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds. Class C – Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds: Class D – Class D licenses are not commercial driver’s licenses and shall be governed by the provisions of Section 63-1-5. Licenses may be issued with appropriate endorsements and restrictions noted thereon. The commissioner shall determine the manner of notation. Endorsements and restrictions may include, but are not limited to, those which: Authorize a driver to drive a vehicle transporting hazardous materials; Restrict the driver to vehicles not equipped with air brakes when the person either fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes; Authorize driving motorcycles that are not autocycles as defined in Section 63-3-103; Authorize driving tank vehicles; Authorize driving vehicles carrying passengers; Authorize driving school buses; Authorize driving double trailers; Restrict the driver to operation solely within this state. A commercial driver’s license or commercial learner’s permit with this restriction may be issued to any person who has attained the age of eighteen (18) years. Before issuing a commercial driver’s license, the commissioner shall request the applicant’s complete operating record from any state in which the applicant was previously licensed to operate any type of motor vehicle in the past ten (10) years, conduct a check of the applicant’s operating record by querying the national driver register, established under 49 USCS Section 30302, and the Commercial Driver’s License Information System, established under 49 USCS Section 31309, to determine if: The applicant has already been issued a commercial driver’s license; and the applicant’s commercial driver’s license has been suspended, revoked, or canceled; The applicant had been convicted of any offenses contained in Section 205(a) (3) of the National Driver Register Act of 1982 (23 USCS Section 401 note). Within ten (10) days after issuing a commercial driver’s license, the commissioner shall notify the Commercial Driver License Information System of that fact, providing all information required to ensure identification of the person. The commercial driver’s license shall expire in the manner set forth in Section 63-1-47. When applying for renewal of a commercial driver’s license, the applicant shall complete the application form required by Section 63-1-210, providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. In addition, the applicant must successfully complete the security threat assessment required by 49 CFR, Part 1572. If notice is received from the United States Transportation Security Administration that the applicant poses a security risk, the commissioner shall refuse to issue, or revoke within fifteen (15) days of receipt of the notice, a hazardous materials endorsement. The department shall provide a means for electronic transmission of a medical card and may charge a vendor convenience fee in an amount not to exceed Two Dollars and Fifty Cents ($2.50) per transmission.
Miss. Code Ann. § 63-1-212 Records; notification.
After suspending, revoking, or disqualifying a person from holding a commercial driver’s license, the commissioner shall update the person’s records to reflect that action within ten (10) days. After suspending, revoking or disqualifying a nonresident commercial driver’s privileges, the commissioner shall notify the licensing authority of the state which issued the commercial driver’s license or commercial driver certificate within ten (10) days, including in the notice both the disqualification period and the reason for the disqualification. Upon receipt from another jurisdiction of the prior record of an applicant for a commercial driver’s license or a commercial learner’s permit, the commissioner shall incorporate the prior record into the applicant’s driver record and, in the case of adverse information, promptly implement any disqualification, licensing limitations, denials, and penalties that are required under 49 CFR, Part 384, that have not been applied by those jurisdictions where the applicant was previously licensed.
Miss. Code Ann. § 63-1-213 Notification of traffic convictions.
When any person operating a commercial motor vehicle or who holds a commercial driver’s license issued by another state is convicted in this state of any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, the commissioner shall notify the driver licensing authority in the licensing state of the conviction within ten (10) days of the date of conviction.
Miss. Code Ann. § 63-1-214 Agreements.
The commissioner may enter into or make agreements, arrangements or declarations to carry out the provisions of this article.
Miss. Code Ann. § 63-1-215 Reciprocity.
Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a valid commercial driver’s license issued by: Any state of the United States; Any province or territory of Canada in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver’s licenses; or The Licensia Federal de Conductor issued by the Republic of Mexico, if the person’s license is not suspended, revoked, or canceled and if the person is not disqualified from driving a commercial motor vehicle and is not in violation of an out-of-service order. The commissioner shall give all out-of-state convictions full faith and credit and treat them for sanctioning purposes under this article as if they occurred in this state. The commissioner shall record disqualifications and convictions received from other jurisdictions regarding Mississippi operators.
Miss. Code Ann. § 63-1-216 Disqualification and suspension.
A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if the person’s license or permit to drive has been administratively suspended under Section 63-11-23 or the person has been convicted of a first violation of: Operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence as provided in Section 63-11-30; Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another; Using a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year; Refusal to submit to a test to determine the operator’s alcohol concentration, as provided in Title 63, Chapter 11, Mississippi Code of 1972; Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of eight one-hundredths percent (0.08%) or more, or under the influence of intoxicating liquor or other substance, as provided in Section 63-11-30; Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely as provided in Section 63-11-30; Operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified; Operating a commercial motor vehicle in a negligent manner resulting in a fatal injury. A person shall be disqualified from driving a commercial motor vehicle for three (3) years if convicted of a violation listed in subsection (1) of this section, if the violation occurred while transporting a hazardous material required to be placarded. A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two (2) or more violations or a combination of them listed in subsection (1) of this section arising from two (2) or more separate occurrences. A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period. A disqualification for three (3) serious traffic violations must be imposed consecutively to any other previous period of disqualification. A person shall be disqualified from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug and for which the person was convicted. A person who is disqualified from driving a commercial motor vehicle shall surrender the person’s Mississippi commercial driver’s license no later than the effective date of the disqualification. Upon receipt of the person’s commercial driver’s license, that person, if otherwise eligible, may apply for a non-CDL, and upon payment of sufficient fees receive the driver’s license. The commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except for a disqualification issued pursuant to paragraph (e) of this subsection, may be reduced to a period of not less than ten (10) years. A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if the driver is convicted of a first violation of a railroad-highway grade crossing violation. A person shall be disqualified from driving a commercial motor vehicle for a period of one hundred twenty (120) days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident. A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents. A person who is simultaneously subject to a disqualification issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 CFR, Part 383.52 and a disqualification under any other provision of this section shall serve those disqualification periods concurrently. A person’s privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for one (1) year, if: The person is convicted of a first violation of operating, attempting to operate or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence, as provided in Section 63-11-30; and The person’s commercial driver’s license is issued by a state or country that does not issue commercial driver’s licenses and disqualify persons in accordance with 49 CFR, Parts 383 and 384. A person’s privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for three (3) years if the person is convicted of violating subsection (1) of this section, and the violation occurred while the person was transporting a hazardous material required to be placarded. A person’s privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person is convicted a second time of violating subsection (1) of this section, and both convictions arise out of separate occurrences. A person’s privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for sixty (60) days if the person is convicted of two (2) serious traffic violations, or for one hundred twenty (120) days if the person is convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period. A person’s privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person uses a commercial motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year, involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug, and for which the person was convicted. In addition to the reasons specified in this section for suspension of the commercial driver’s license, the commissioner shall be authorized to suspend the commercial driver’s license of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a commercial driver’s license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a commercial driver’s license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a commercial driver’s license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
Miss. Code Ann. § 63-1-217 Suspensions and disqualifications to run concurrently.
A suspension of a person’s operating privilege or license and a disqualification imposed under Section 63-1-216 imposed for the same violation, shall run concurrently.
Miss. Code Ann. § 63-1-218 Effective date of disqualification; hearing.
A disqualification from driving a commercial motor vehicle shall be effective on not less than ten (10) days’ notice. If requested, a hearing on the disqualification shall be conducted, under Section 63-1-53. The scope of the hearing shall be limited to verification of the conviction. A person aggrieved by a decision resulting from a hearing under this section may have the decision reviewed on the record. The appeal shall be to the Circuit Court of the First Judicial District of Hinds County or, in the discretion of the licensee, to the circuit court of the county in which the licensee resides or has a principal place of business.
Miss. Code Ann. § 63-1-219 Disqualification from operation of vehicle.
Any person convicted for violating an out-of-service order shall be disqualified as follows except as provided in subsection (2) of this section: A person shall be disqualified from driving a commercial motor vehicle for a period of ninety (90) days if convicted of a first violation of an out-of-service order. A person shall be disqualified for a period of one (1) year if convicted of a second violation of an out-of-service order during any ten-year period, arising from separate incidents. A person shall be disqualified for a period of three (3) years if convicted of a third or subsequent violation of an out-of-service order during any ten-year period, arising from separate incidents. Any person convicted for violating an out-of-service order while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen (16) or more passengers, including the driver, shall be disqualified as follows: A person shall be disqualified for a period of one hundred eighty (180) days if convicted of a first violation of an out-of-service order. A person shall be disqualified for a period of three (3) years if convicted of a second or subsequent violation of an out-of-service order during any ten-year period, arising from separate incidents.
Miss. Code Ann. § 63-1-220 Penalties.
Notwithstanding any other provision of law to the contrary, any driver who violates or fails to comply with an out-of-service order is subject to a penalty of One Thousand Five Hundred Dollars ($1,500.00), in addition to disqualification under this article. Any employer who violates an out-of-service order, or who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, is subject to a penalty of Four Thousand Dollars ($4,000.00). The fine imposed for a speeding violation of a commercial motor vehicle operating in excess of fifteen (15) miles per hour over the legally posted speed limit on any highway shall be one and one-half (1-1/2) times the fine imposed for a speeding violation in other vehicles.
Miss. Code Ann. § 63-1-221 Applicants for school bus endorsements.
An applicant for a school bus endorsement shall satisfy the following requirements: Pass the knowledge and skills test for obtaining a passenger vehicle endorsement. Pass the knowledge test covering the following topics, at minimum: Loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights, and other warning and passenger safety devices required for school buses by state or federal law or regulation. Emergency exits and procedures for safely evacuating passengers in an emergency. State and federal laws and regulations related to traversing safely highway rail grade crossings. Pass a skills test in a school bus of the same vehicle group as the applicant will operate. The department may waive the skills test required in subsection (1) (a) of this section for an applicant who: Is currently licensed, has experience operating a school bus, and has a good operating record; Certifies, and whose certification is verified by the department, that, during the two-year period immediately prior to applying for the school bus endorsement, the applicant: Held a valid commercial driver’s license with a passenger endorsement to operate a school bus representative of the group the applicant will be operating; Has not had the applicant’s operator’s license or commercial driver’s license suspended, revoked, or cancelled or been disqualified from operating a commercial motor vehicle; Has not been convicted of any offense that would require disqualification under Section 63-1-216 or 49 CFR, Part 383.51(b); Has not had more than one (1) conviction for a serious traffic violation while operating any type of motor vehicle; Has not had any conviction for a violation of state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; Has not been convicted of any motor vehicle traffic violation that resulted in an accident; and Has been regularly employed as a school bus driver and provides evidence of such employment.
Miss. Code Ann. § 63-1-222 Deferring imposition of sentence.
No judge or court may utilize the provisions of Section 63-1-71(3) or 63-9-11(3) or any other program to defer imposition of sentence or judgment if the defendant holds a commercial driver’s license or was operating a commercial motor vehicle when the violation occurred and is charged with violating any state or local traffic law other than a parking violation.
Miss. Code Ann. § 63-1-223 Penalty for authorizing railroad crossing violations.
Any employer who knowingly requires, allows, authorizes or permits a driver to operate a commercial motor vehicle in violation of Section 77-9-249 is subject to a penalty of not more than Four Thousand Dollars ($4,000.00).
Miss. Code Ann. § 63-1-224 Implied consent to chemical tests; administration of tests; effect of refusal to submit to test.
A person who holds a commercial driver’s license and drives a motor vehicle within this state or a person who drives a commercial motor vehicle within this state for which a commercial learner’s permit or a commercial driver’s license is required under this article is deemed to have given his consent to a chemical test or tests of his breath for the purpose of determining the alcohol content of his blood. A person may give his consent to a chemical test or tests of his blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person’s ability to drive a motor vehicle. The tests shall be administered, and all procedures and proceedings relating thereto shall be performed, as nearly as practicable, in accordance with the provisions of the Mississippi Implied Consent Law. However, from and after April 1, 1992, refusal of any such person to submit to such test or a test given which indicates that such person was driving such motor vehicle within this state with any measurable or detectable amount of alcohol in his system or while under the influence of a controlled substance shall require such person to be immediately placed out of service for twenty-four (24) hours and shall require suspension of the commercial driver’s license of such person for the applicable period of time prescribed in this article.
Miss. Code Ann. § 63-1-225 Classification of offenses under this article; relationship to other laws.
Except as otherwise specifically provided by this article, any violation of this article for which the only penalty under this article is the requirement that the commissioner suspend the commercial learner’s permit or commercial driver’s license of a person shall not, for the purposes of this article, constitute a criminal offense. However, if a violation of this article also constitutes a criminal offense under the provisions of some other law, then any criminal penalty which may be imposed for violation of such criminal law shall be in addition to suspension of a person’s license under this article.
If violation of any law of this state other than a violation of this article requires that the driver’s license or driving privileges of a person be suspended, cancelled or revoked, then any suspension, cancellation or revocation imposed for violation of such law shall also result in suspension, revocation or cancellation of the person’s commercial learner’s permit or commercial driver’s license under the provisions of this article for the same period of time and to run concurrently therewith.
If any person is disqualified under the provisions of this article and the violation is not an offense for which a person’s driver’s license or driving privilege is suspended, revoked or cancelled under the provisions of some law other than the provisions of this article, then the person may apply for and obtain, upon meeting all qualifications as required by law, any type of driver’s license other than a commercial driver’s license or commercial learner’s permit issued under the provisions of this article.
Miss. Code Ann. § 63-1-226 Use of certain facilities and property for commercial driver’s license testing sites.
The commissioner is authorized to make use of the facilities and property upon which are located inspection stations, as prescribed in Sections 27-5-71 and 27-5-73, for the purpose of commercial driver’s license testing sites under the Mississippi Commercial Driver’s License Law. The State Tax Commission shall cooperate with the Commissioner of Public Safety in making such property and facilities available for such use; however, the use of the inspection stations by the Commissioner of Public Safety shall not unreasonably interfere with the duties of the State Tax Commission.
Source: Public.Resource.Org MS CodeURL: https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.63.htmlFetched: 6/9/2026