Insurance; establish minimum requirements for certain large motor vehicles not subject to minimums under Motor Carrier Regulatory Law.

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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Yates

HOUSE BILL NO. 1273

AN ACT TO CREATE NEW SECTION 77-7-88, MISSISSIPPI CODE OF 1
1972, TO ESTABLISH MINIMUM INSURANCE REQUIREMENTS FOR CERTAIN 2
LARGE MOTOR VEHICLES OPERATING UPON THE PUBLIC HIGHWAYS OF THIS 3
STATE WHICH ARE OTHERWISE NOT SUBJECT TO THE MINIMUM REQUIREMENTS 4
FOR CERTAIN COMMON CARRIERS, CONTRACT CARRIERS AND INTERSTATE 5
CARRIERS; TO BRING FORWARD SECTION 77-7-7, MISSISSIPPI CODE OF 6
1972, WHICH DEFINES CERTAIN TERMS USED UNDER THE MISSISSIPPI MOTOR 7
CARRIER REGULATORY LAW OF 1938, FOR PURPOSES OF POSSIBLE 8
AMENDMENT; TO BRING FORWARD SECTIONS 77-7-83, 77-7-85 AND 77-7-87, 9
MISSISSIPPI CODE OF 1972, WHICH RELATE TO MINIMUM INSURANCE 10
REQUIREMENTS FOR COMMON CARRIERS, CONTRACT CARRIERS AND INTERSTATE 11
CARRIERS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED 12
PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. The following shall be codified as Section 15
77-7-88, Mississippi Code of 1972: 16
77-7-88. Each owner or operator of a motor vehicle having a 17
gross vehicle weight rating (GVWR) or gross combination weight 18
rating (GCWR) of more than ten thousand (10,000) pounds which is 19
operated upon the public highways of this state for the 20
transportation of property, and which is not otherwise required to 21
file proof of financial responsibility under this chapter, shall 22
keep on file with the commission an insurance policy or a 23
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certificate of insurance in lieu thereof, issued by some insurance 24
company or association or other insurer authorized to transact 25
business in this state, or bond or bonds, to be approved by the 26
commission, conditioned to pay any final judgment against the 27
owner or operator for personal injuries or property damage 28
resulting from or arising out of the use, maintenance or operation 29
of the motor vehicle, and suffered by a member of the public or by 30
the state or any of its political subdivisions. The minimum 31
amount of the insurance policy or bond required under this section 32
shall be as provided in 49 CFR part 387. 33
SECTION 2. Section 77-7-7, Mississippi Code of 1972, is 34
brought forward as follows: 35
77-7-7. Whenever used in this chapter unless expressly 36
stated otherwise: 37
(a) The term "person" means individual, firm, 38
copartnership, corporation, company, association or joint-stock 39
association, and includes any trustee, receiver, assignee or 40
personal representative thereof. 41
(b) The term "commission" means the Mississippi 42
Transportation Commission. 43
(c) The term "highway" means every public highway or 44
place of whatever nature open to the use of the public for 45
purposes of vehicle travel in this state, including the streets 46
and alleys in towns and cities. 47
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(d) The term "motor vehicle" and "vehicle" means any 48
vehicle, machine, tractor, trailer or semitrailer propelled or 49
drawn by mechanical power and used upon the highways in the 50
transportation of passengers or property; such term, however, does 51
not include any vehicle, locomotive or car operated exclusively on 52
a rail or rails. 53
(e) The term "common carrier by motor vehicle" means 54
any person who or which undertakes, whether directly or by a lease 55
or any other arrangement, to transport passengers or household 56
goods. 57
(f) The term "contract carrier by motor vehicle" means 58
any person, not included under paragraph (e) of this section, who 59
or which, under special and individual contracts or agreements, 60
and whether directly or by a lease or any other arrangement, 61
transports passengers or household goods. 62
(g) The term "restricted motor carrier" means all 63
carriers of property, except household goods, by motor vehicle for 64
compensation. 65
(h) The "services" and "transportation" to which this 66
chapter applies include all vehicles operated by, for or in the 67
interest of any motor carrier irrespective of ownership or 68
contract, express or implied, together with all facilities and 69
property operated or controlled by any such carrier or carriers 70
and used in the transportation of passengers or property or in the 71
performance of any service in connection therewith. 72
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(i) The term "certificate" means a certificate of 73
public convenience and necessity issued by the commission to 74
common carriers by motor vehicle and restricted common carriers by 75
motor vehicle under this chapter. 76
(j) The term "permit" means a permit issued by the 77
commission to contract carriers by motor vehicle under this 78
chapter. 79
(k) The term "interstate permit" means a permit issued 80
under the terms of this chapter to the holder of a certificate of 81
public convenience and necessity, a permit, or other operating 82
authority from the U.S. Department of Transportation. 83
(l) The term "owner" or "operator" and "owner and 84
operator" means any individual, firm, copartnership, corporation, 85
company, association or joint-stock association, and includes any 86
trustee, receiver, assignee or personal representative thereof, to 87
whom or to which a certificate of convenience and necessity or 88
permit or interstate permit has been issued by the commission. 89
(m) The term "vanpooling" means a nonprofit arrangement 90
entered into to provide for the transportation of persons to and 91
from their places of employment utilizing a motor vehicle 92
manufactured primarily for the transporting of not less than eight 93
(8) nor more than fifteen (15) people, and where the costs of 94
operating said vehicle, including reasonable vehicle depreciation 95
costs, are paid for by those people utilizing such arrangement. 96
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(n) The term "gross vehicle weight rating (GVWR)" means 97
the value specified by the manufacturer as the loaded weight of a 98
single motor vehicle. 99
(o) The term "gross combination weight rating (GCWR)" 100
means the value specified by the manufacturer as the loaded weight 101
of a combination (articulated) motor vehicle. In the absence of a 102
value specified by the manufacturer, GCWR will be determined by 103
adding the GVWR of the power unit and the total weight of the 104
towed unit and any load thereon. 105
(p) The term "department" means the Department of 106
Public Safety. 107
(q) The term "division" means the Commercial 108
Transportation Enforcement Division within the department. 109
SECTION 3. Section 77-7-83, Mississippi Code of 1972, is 110
brought forward as follows: 111
77-7-83. Each holder of a certificate authorizing operation 112
as a common carrier by motor vehicle, or the holder of a contract 113
permit issued by the commission, shall keep in force at all times 114
an insurance policy or a certificate of insurance in lieu thereof, 115
issued by some insurance company or association or other insurer 116
authorized to transact business in this state, or bond or bonds, 117
to be approved by the commission, in an amount required by the 118
commission, conditioned to pay any final judgment against the 119
carrier for personal injuries or property damage resulting from or 120
arising out of the use, maintenance or operation of the motor 121
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vehicles of such carrier and suffered by any member of the public 122
or by the state or any of its political subdivisions. The amount 123
of the insurance policy or bond required by the commission under 124
this section shall in no case be less than the insurance 125
requirements of the United States Department of Transportation as 126
set out in 49 CFR part 387. 127
SECTION 4. Section 77-7-85, Mississippi Code of 1972, is 128
brought forward as follows: 129
77-7-85. Each holder of a permit as a contract carrier by 130
motor vehicle issued by the commission shall keep on file with the 131
commission an insurance policy or a certificate of insurance in 132
lieu thereof, issued by some insurance company or association or 133
other insurer authorized to transact business in this state, or 134
bond or bonds, to be approved by the commission, conditioned to 135
pay any final judgment against said contract carrier for personal 136
injuries or property damage resulting from or arising out of the 137
use, maintenance or operation of the motor vehicles of such 138
carrier, and suffered by any member of the public or by the state 139
or any of its political subdivisions. However, such carrier shall 140
not be required to file a policy of insurance or bond conditioned 141
to pay the judgments on claims of its passengers, or shippers or 142
patrons. The minimum amount of such insurance policy or bond 143
shall be as provided in Section 77-7-83. 144
SECTION 5. Section 77-7-87, Mississippi Code of 1972, is 145
brought forward as follows: 146
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ST: Insurance; establish minimum requirements
for certain large motor vehicles not subject to
minimums under Motor Carrier Regulatory Law.
77-7-87. Each motor carrier holding certificates or permits 147
from and operating under the authority of the Interstate Commerce 148
Commission, in interstate business only, shall file and keep on 149
file with the commission a policy or certificate of insurance, 150
bond or certification of qualification as a self-insurer which 151
complies with the Interstate Commerce Commission's requirements 152
for the single state insurance registration program, conditioned 153
to pay any final judgment against such interstate carrier for 154
personal injury or property damage resulting from or arising out 155
of the use, maintenance or operation of the motor vehicles of such 156
interstate carrier, and suffered by any member of the public, or 157
by the state or any of its subdivisions. However, no interstate 158
carrier shall be required to file insurance or bond conditioned to 159
pay the judgments on claims of its passengers, shippers, or 160
patrons. The minimum amount of the insurance policy, certificate 161
or bond shall be as provided in 49 CFR part 387. 162
SECTION 6. This act shall take effect and be in force from 163
and after July 1, 2026. 164