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To: Transportation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Newman
HOUSE BILL NO. 287
AN ACT TO AMEND SECTION 63-3-809, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE DRIVERS TO EXERCISE CAUTIONARY DRIVING WHEN APPROACHING 2
DISABLED VEHICLES ON OR ADJACENT TO THE ROADWAY, BY SLOWING DOWN 3
OR MOVING INTO A LANE NOT ADJACENT TO THE LANE OCCUPIED BY THE 4
DISABLED VEHICLE; TO DEFINE THE TERM "DISABLED VEHICLE"; AND FOR 5
RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 63-3-809, Mississippi Code of 1972, is 8
amended as follows: 9
63-3-809. (1) Upon the immediate approach of an authorized 10
emergency vehicle, when the driver is giving audible signal by 11
siren, exhaust whistle, or bell, the driver of every other vehicle 12
shall yield the right-of-way and shall immediately drive to a 13
position parallel to, and as close as possible to, the right-hand 14
edge or curb of the roadway clear of any intersection and shall 15
stop and remain in such position until the authorized emergency 16
vehicle has passed, except when otherwise directed by a law 17
enforcement officer. 18
(2) Upon approaching a stationary authorized emergency 19
vehicle, when such vehicle is giving a signal by use of flashing, 20
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blinking, oscillating or rotating lights, as authorized under 21
Section 63-7-19, a person who drives an approaching vehicle shall: 22
(a) Proceeding with due caution, yield the right-of-way 23
by making a lane change into a lane not adjacent to that of the 24
authorized emergency vehicle, if possible with due regard to 25
safety and traffic conditions, if on a roadway having at least 26
four (4) lanes with not less than two (2) lanes proceeding in the 27
same direction as the approaching vehicle; or 28
(b) Proceeding with due caution, reduce the speed of 29
the vehicle, maintaining a safe speed for road conditions and 30
being prepared to stop, if changing lanes would be impossible or 31
unsafe. 32
(3) Upon approaching a stationary recovery vehicle, utility 33
service vehicle, sanitation vehicle, * * * highway maintenance 34
vehicle or disabled vehicle, when the stationary or disabled 35
vehicle is giving a signal by use of authorized flashing lights, a 36
person who drives an approaching vehicle shall: 37
(a) Proceeding with due caution, yield the right-of-way 38
by making a lane change into a lane not adjacent to the stationary 39
vehicle, if possible, with due regard to safety and traffic 40
conditions, if on a roadway having at least four (4) lanes with 41
not less than two (2) lanes proceeding in the same direction as 42
the approaching vehicle; or 43
(b) Proceeding with due caution, reduce the speed of 44
the vehicle, maintaining a safe speed for road conditions and 45
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being prepared to stop, if changing lanes would be impossible or 46
unsafe. 47
(4) For purposes of this section, unless the context 48
otherwise clearly requires: 49
(a) "Highway maintenance vehicle" means a vehicle used 50
for the maintenance of highways and roadways in this state and is: 51
(i) Owned or operated by the Department of 52
Transportation, a county, a municipality or other political 53
subdivision of this state; or 54
(ii) Owned or operated by a contractor under 55
contract with the Department of Transportation, a county, a 56
municipality or other political subdivision of this state. 57
(b) "Recovery vehicle" means a truck that is 58
specifically designed for towing a disabled vehicle or a 59
combination of vehicles. 60
(c) "Utility service vehicle" means a vehicle used by 61
any person, municipality, county, electric cooperative, 62
corporation, board, commission, district or any entity created or 63
authorized by public act, private act or general law to provide 64
electricity, natural gas, water, wastewater services, 65
telecommunications services or any combination thereof, for sale 66
to consumers in any particular service area, or by any contractor 67
under contract with any such entity. 68
(d) "Sanitation vehicle" means a vehicle used to 69
collect solid waste, refuse or recyclable material that is: 70
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(i) Owned or operated by a county, a municipality 71
or other political subdivision of this state; or 72
(ii) Owned or operated by a contractor under 73
contract with a county, a municipality or other political 74
subdivision of this state. 75
(e) "Disabled vehicle" means a passenger car, light 76
truck, sports utility vehicle or other motor vehicle that is 77
temporarily stopped on or adjacent to the roadway due to 78
mechanical failure, flat tire, overheating, collision or any other 79
condition rendering the vehicle inoperable, unsafe to drive or 80
immobile, and is using hazard lights, reflective triangles or 81
other visible safety devices in accordance with federal or state 82
law. 83
(5) Upon approaching a vehicle that is marked with some 84
combination of white flashing strobe or amber and red lights, as 85
provided in Section 63-7-19, that is operated by a United States 86
rural mail carrier for the purpose of delivering United States 87
mail, and that is stationary, including when the vehicle is 88
signaling the intention to enter the roadway, a person who drives 89
an approaching vehicle shall: 90
(a) Proceeding with due caution, yield the right-of-way 91
by making a lane change into a lane not adjacent to the stationary 92
vehicle, if possible, with due regard to safety and traffic 93
conditions, if on a roadway having at least four (4) lanes with 94
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ST: Disabled vehicle; require cautious driving
when approaching by slowing down or moving over.
not less than two (2) lanes proceeding in the same direction as 95
the approaching vehicle; or 96
(b) Proceeding with due caution, reduce the speed of 97
the vehicle, maintaining a safe speed for road conditions and 98
being prepared to stop, if changing lanes would be impossible or 99
unsafe. 100
(6) A violation of this section is a misdemeanor punishable 101
by a fine: 102
(a) Of not more than Two Hundred Fifty Dollars 103
($250.00); or 104
(b) Of not more than One Thousand Dollars ($1,000.00) 105
if violation of this section results in: 106
(i) Property damage to the emergency vehicle, 107
sanitation vehicle, highway maintenance vehicle, utility service 108
vehicle, recovery vehicle or rural mail carrier vehicle; or 109
(ii) Bodily injury to the driver or a passenger of 110
any such vehicle. 111
(7) This section shall not operate to relieve the driver of 112
an authorized emergency vehicle, a sanitation vehicle, a recovery 113
vehicle, a utility service vehicle, a highway maintenance vehicle 114
or a rural mail carrier vehicle from the duty to drive with due 115
regard for the safety of all persons using the roadway. 116
SECTION 2. This act shall take effect and be in force from 117
and after July 1, 2026. 118