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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Foster
HOUSE BILL NO. 397
AN ACT TO AMEND SECTION 63-1-33, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO REQUIRE CERTAIN 2
DRIVER'S LICENSE APPLICANTS TO COMPLETE A ROAD TEST AS A COMPONENT 3
OF THE DRIVER'S LICENSE EXAMINATION PROCESS, TO DEMONSTRATE THE 4
APPLICANT'S ABILITY TO PROPERLY AND SAFELY OPERATE AND MANEUVER A 5
MOTOR VEHICLE IN A REAL-TIME TRAFFIC ENVIRONMENT; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 63-1-33, Mississippi Code of 1972, is 9
amended as follows: 10
63-1-33. (1) Except as otherwise provided under subsections 11
(6) and (7) of this section, it shall be the duty of the license 12
examiner, when application is made for an operator's license or 13
learner's permit, to test the applicant's ability to read and 14
understand road signs and to give the required signals as adopted 15
by the National Advisory Committee on Uniform Traffic Control 16
Devices and the American Association of Motor Vehicle 17
Administrators. 18
(2) Except as otherwise provided under subsections (6) and 19
(7) of this section, the commissioner shall have prepared and 20
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administer a test composed of at least ten (10) questions relating 21
to the safe operation of a motor vehicle and testing the 22
applicant's knowledge of the proper operation of a motor vehicle, 23
and conduct a practical road test to ensure the applicant's proper 24
and safe operation and maneuvering of a motor vehicle in a 25
real-time traffic environment. Every examination shall ensure 26
adequate knowledge on the part of the applicant as to school bus 27
safety requirements. 28
(3) Prior to the administration of the road test, the 29
license examiner shall inspect the horn, lights, brakes, vehicle 30
registration and proof of liability coverage of the motor vehicle 31
which the applicant expects to operate while being tested, and if 32
he finds that any of the aforementioned items are deficient, no 33
license or endorsement shall be issued to the applicant until same 34
have been repaired. 35
(4) An applicant for a Mississippi driver's license who, at 36
the time of application, holds a valid motor vehicle driver's 37
license issued by another state shall not be required to take a 38
written test. 39
(5) Except as otherwise provided by Section 63-1-6, when 40
application is made for an original motorcycle endorsement, the 41
applicant shall be required to pass a written test which consists 42
of questions relating to the safe operation of a motorcycle and a 43
skill test similar to the "Motorcycle Operator Skill Test," which 44
is endorsed by the American Association of Motor Vehicle 45
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Administrators. The commissioner may exempt any applicant from 46
the skill test if the applicant presents a certificate showing 47
successful completion of a course approved by the commissioner, 48
which includes a similar examination of skills needed in the safe 49
operation of a motorcycle. 50
(6) The Department of Public Safety shall accept the 51
certification of successful completion of an individual's training 52
in the knowledge and skills needed for the proper and safe 53
operation of a motor vehicle from a driver education and training 54
program at a secondary school that meets the standards of the 55
State Board of Education, in lieu of the department administering 56
the examination of the individual for the purpose of obtaining a 57
driver's license. The school may employ teachers duly certified 58
by the Department of Education to teach in such a program. In 59
addition, off-duty members of the Mississippi Highway Safety 60
Patrol shall be authorized to teach in such a program without 61
having to obtain a teaching certificate from the Department of 62
Education. Instructors will be considered employees of the 63
school, not of the Driver License Examining Bureau. The 64
commissioner and the State Board of Education shall jointly 65
promulgate rules and regulations for the administration of this 66
subsection. 67
(7) The commissioner shall develop an affidavit whereby a 68
parent, teacher or guardian may certify that he or she has 69
witnessed a student operate a motor vehicle for at least fifty 70
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ST: Driver's license; require road test to be
administered as a condition of receiving.
(50) hours and attest to the student's proficiency in the proper 71
and safe operation of a motor vehicle and the Department of Public 72
Safety shall accept such in lieu of a skills test conducted by the 73
department. 74
SECTION 2. This act shall take effect and be in force from 75
and after July 1, 2026. 76