CDL; exempt county and municipal employees who operate vehicles and equipment in the performance of their job.

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To: Transportation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Remak, Harris

HOUSE BILL NO. 484

AN ACT TO AMEND SECTION 63-1-203, MISSISSIPPI CODE OF 1972, 1
TO EXPAND THE DEFINITION OF THE TERM "COMMERCIAL DRIVER'S LICENSE" 2
FOR THE PURPOSE OF EXEMPTING COUNTY AND MUNICIPAL EMPLOYEES FROM 3
THE REQUIREMENT OF POSSESSING A CDL TO OPERATE VEHICLES AND 4
EQUIPMENT OWNED AND OPERATED BY THE LOCAL COUNTY OR MUNICIPAL 5
GOVERNING AUTHORITY; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 63-1-203, Mississippi Code of 1972, is 8
amended as follows: 9
63-1-203. As used in this article: 10
(a) "Alcohol" means any substance containing any form 11
of alcohol including, but not limited to, ethanol, methanol, 12
propanol and isopropanol. 13
(b) "Alcohol concentration" means the concentration of 14
alcohol in a person's blood or breath. When expressed as a 15
percentage it means: 16
(i) The number of grams of alcohol per one hundred 17
(100) milliliters of blood; or 18
(ii) The number of grams of alcohol per two 19
hundred ten (210) liters of breath. 20
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(c) "Commercial driver's license" or "CDL" means a 21
license issued by a state or other jurisdiction, in accordance 22
with the standards contained in 49 CFR, Part 383, to an individual 23
which authorizes the individual to operate a class of commercial 24
motor vehicle. 25
(d) "Commercial driver's license information system" or 26
"CDLIS" means the CDLIS established by the Federal Motor Carrier 27
Safety Administration (FMCSA) pursuant to Section 12007, of the 28
Commercial Motor Vehicle Safety Act of 1986. 29
(e) "Commercial learner's permit" means a permit issued 30
pursuant to Section 63-1-208(5). 31
(f) "Commercial motor vehicle" or "CMV" means a motor 32
vehicle or combination of motor vehicles used in commerce to 33
transport passengers or property if the motor vehicle: 34
(i) Has a gross combination weight rating of 35
eleven thousand seven hundred ninety-four (11,794) kilograms or 36
more (twenty-six thousand one (26,001) pounds or more) inclusive 37
of a towed unit(s) with a gross vehicle weight rating of more than 38
four thousand five hundred thirty-six (4,536) kilograms (ten 39
thousand (10,000) pounds); 40
(ii) Has a gross vehicle weight rating of eleven 41
thousand seven hundred ninety-four (11,794) or more kilograms 42
(twenty-six thousand one (26,001) pounds or more); 43
(iii) Is designed to transport sixteen (16) or 44
more passengers, including the driver; 45
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(iv) Is of any size and is used in the 46
transportation of hazardous materials as defined in this section; 47
or 48
(v) The term shall not include: 49
1. Authorized emergency vehicles as defined 50
in Section 63-3-103; 51
2. Motor homes as defined in Section 52
63-3-103; however, this exemption shall only apply to vehicles 53
used strictly for recreational, noncommercial purposes; 54
3. Military and commercial equipment owned or 55
operated by the United States Department of Defense, including the 56
National Guard and Mississippi Military Department, and operated 57
by: active duty military personnel; members of the military 58
reserves; members of the National Guard on active duty, including 59
personnel on full-time National Guard duty; personnel on part-time 60
National Guard training; National Guard military technicians 61
(civilians who are required to wear military uniforms); employees 62
of the Mississippi Military Department; and active duty United 63
States Coast Guard personnel. This exception is not applicable to 64
United States Reserve technicians; 65
4. Farm vehicles, which are vehicles: 66
a. Controlled and operated by a farmer; 67
b. Used to transport either agricultural 68
products, farm machinery, farm supplies, or both, to or from a 69
farm; 70
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c. Not used in the operations of a 71
common or contract motor carrier; and 72
d. Used within one hundred fifty (150) 73
miles of the farm * * *; and 74
5. Vehicles and equipment owned or operated 75
by local county and municipal governing authorities, which such 76
vehicles are: 77
a. Under the control of the local 78
governing authority; 79
b. Operated by personnel employed by the 80
local governing authority who are in the performance of his or her 81
work related duties; 82
c. Used to transport either products, 83
other machinery, supplies, or both, to or from an assigned work 84
site, place of origin or final destination of such items or 85
machinery; and 86
d. Not used in the operations of a 87
common or contract motor carrier. 88
(g) "Controlled substance" means any substance so 89
classified under Section 102(6) of the Controlled Substances Act, 90
21 USCS 802(6), and includes all substances listed on Schedules I 91
through V of 21 Code of Federal Regulations, Part 1308, as they 92
may be revised from time to time, any substance so classified 93
under Sections 41-29-113 through 41-29-121, Mississippi Code of 94
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1972, and any other substance which would impair a person's 95
ability to operate a motor vehicle. 96
(h) "Conviction" means an unvacated adjudication of 97
guilt, or a determination by a judge or hearing officer that a 98
person has violated or failed to comply with the law in a court of 99
original jurisdiction or an authorized administrative tribunal, an 100
unvacated forfeiture of bail or collateral deposited to secure the 101
person's appearance in court, the payment of a fine or court cost, 102
or violation of a condition of release without bail, regardless of 103
whether or not the penalty is rebated, suspended or probated. 104
Conviction shall also mean a plea of guilty or nolo contendere 105
which has been accepted by the court. 106
(i) "Disqualification" means any of the following three 107
(3) actions: 108
(i) The suspension, revocation or cancellation of 109
a commercial driver's license by the state or jurisdiction of 110
issuance; 111
(ii) Any withdrawal of a person's privilege to 112
drive a commercial motor vehicle by a state or other jurisdiction 113
as the result of a violation of state or local law relating to 114
motor vehicle traffic control, other than parking, vehicle weight 115
or vehicle defect violations; or 116
(iii) A determination by the Federal Motor Carrier 117
Safety Administration that a person is not qualified to operate a 118
commercial motor vehicle under 49 CFR, Part 391. 119
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(j) "Driver" means any person who drives, operates or 120
is in physical control of a commercial motor vehicle on a public 121
highway or who is required to hold a commercial driver's license. 122
(k) "Employer" means any person, including the United 123
States, a state, the District of Columbia or a political 124
subdivision of a state, who owns or leases a commercial motor 125
vehicle or assigns employees to operate a commercial motor 126
vehicle. 127
(l) "Foreign" means outside the fifty (50) United 128
States and the District of Columbia. 129
(m) "Gross combination weight rating" or "GCWR" means 130
the value specified by the manufacturer as the loaded weight of a 131
combination (articulated) vehicle. In the absence of a value 132
specified by the manufacturer, gross combination weight rating 133
will be determined by adding the gross vehicle weight rating of 134
the power unit and the total weight of the towed unit and any load 135
thereon. 136
(n) "Gross vehicle weight rating" or "GVWR" means the 137
value specified by the manufacturer as the loaded weight of a 138
single vehicle. 139
(o) "Hazardous materials" means any material that has 140
been designated as hazardous under 49 USCS Section 5103 and is 141
required to be placarded under subpart F of 49 CFR, Part 172 or 142
any quantity of a material listed as a select agent or toxin in 42 143
CFR, Part 73. 144
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(p) "Imminent hazard" means the existence of a 145
condition that presents a substantial likelihood that death, 146
serious illness, severe personal injury, or a substantial 147
endangerment to health, property, or the environment may occur 148
before the reasonably foreseeable completion date of a formal 149
proceeding begun to lessen the risk of that death, illness, 150
injury, or endangerment. 151
(q) "Nonresident commercial driver's license" or 152
"nonresident CDL" means a commercial driver's license issued by a 153
state to an individual under either of the following two (2) 154
conditions: 155
(i) To an individual domiciled in a foreign 156
country meeting the requirements of 49 CFR, Part 383.23(b)(1); or 157
(ii) To an individual domiciled in another state 158
meeting the requirements of 49 CFR, Part 383.23(b)(2). 159
(r) "Serious traffic violation" means conviction at any 160
time when operating a commercial motor vehicle or at those times 161
when operating a noncommercial motor vehicle when the conviction 162
results in the revocation, cancellation, or suspension of the 163
operator's license or operating privilege, of: 164
(i) Excessive speeding, involving a single charge 165
of any speed fifteen (15) miles per hour or more, above the posted 166
speed limit; 167
(ii) Reckless driving, as defined under state or 168
local law; 169
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(iii) Improper traffic lane changes, as defined in 170
Section 63-3-601, 63-3-603, 63-3-613 or 63-3-803; 171
(iv) Following the vehicle ahead too closely, as 172
defined in Section 63-3-619; 173
(v) A violation of any state law or local 174
ordinance relating to motor vehicle traffic control, other than a 175
parking violation, arising in connection with an accident or 176
collision resulting in death to any person; 177
(vi) Operating a commercial motor vehicle without 178
obtaining a commercial driver's license; 179
(vii) Operating a commercial motor vehicle without 180
a commercial driver's license in the driver's possession; 181
(viii) Operating a commercial motor vehicle 182
without the proper class of commercial driver's license or 183
endorsements, or both. 184
(s) "Out-of-service order" means a declaration by an 185
authorized enforcement officer of a federal, state, Canadian, 186
Mexican, or local jurisdiction, that a driver, or a commercial 187
motor vehicle, or a motor carrier operation, is out of service 188
pursuant to 49 CFR, Part 386.72, 392.5, 395.13, 396.9 or 189
compatible laws, or the North American Uniform Out-of-Service 190
Criteria. 191
(t) "State of domicile" means that state where a person 192
has a true, fixed and permanent home and principal residence and 193
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ST: CDL; exempt county and municipal employees
who operate vehicles and equipment in the
performance of their job.
to which the person has the intention of returning whenever the 194
person is absent. 195
(u) "Tank vehicle" means any commercial motor vehicle 196
that is designed to transport any liquid or gaseous materials 197
within a tank that is either permanently or temporarily attached 198
to the vehicle or the chassis. Such vehicles include, but are not 199
limited to, cargo tanks and portable tanks, as defined in 49 CFR, 200
Part 171. However, they do not include portable tanks having a 201
rated capacity under one thousand (1,000) gallons. 202
(v) "United States" means the fifty (50) states and the 203
District of Columbia. 204
(w) "Fully autonomous vehicle" means a motor vehicle 205
equipped with an automated driving system designed to function 206
without a human driver as a Level 4 or Level 5 automation system 207
under the Society of Automotive Engineers (SAE) Standard J3016. 208
SECTION 2. This act shall take effect and be in force from 209
and after July 1, 2026. 210