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To: Transportation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Massengill
HOUSE BILL NO. 926
AN ACT TO DEFINE AND AUTHORIZE THE USE OF AUTOMATED SPEED 1
ENFORCEMENT DEVICES IN HIGHWAY WORK ZONES WHEN WORKERS ARE 2
PRESENT; TO ESTABLISH CONDITIONS UNDER WHICH LAW ENFORCEMENT 3
OFFICERS MAY ISSUE CITATIONS BASED ON AUTOMATED SPEED DETECTION; 4
TO REQUIRE SIGNAGE, LIGHTING, CALIBRATION STANDARDS, AND PRIVACY 5
PROTECTIONS FOR IMAGES CAPTURED BY SUCH DEVICES; TO GRANT 6
REGULATORY AUTHORITY TO THE MISSISSIPPI TRANSPORTATION COMMISSION; 7
TO AMEND SECTION 63-3-516, MISSISSIPPI CODE OF 1972, TO CONFORM 8
WORK ZONE SPEED ENFORCEMENT PROVISIONS; TO PROVIDE FOR ENHANCED 9
PENALTIES AND ENFORCEMENT IN HIGHWAY WORK ZONES; TO CREATE THE 10
HIGHWAY WORK ZONE SAFETY FUND IN THE STATE TREASURY; TO DEDICATE 11
FINES COLLECTED FOR WORK ZONE VIOLATIONS TO ENHANCED LAW 12
ENFORCEMENT WITHIN HIGHWAY WORK ZONES; TO PROVIDE FOR FUND 13
ADMINISTRATION AND USE BY THE DEPARTMENT OF TRANSPORTATION; TO 14
PROVIDE AN EFFECTIVE DATE; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. (1) The following terms shall have the meanings 17
ascribed in this section unless context of use clearly requires 18
otherwise: 19
(a) "Automated speed enforcement device" means a 20
photographic, radar, lidar, laser or other device with one (1) or 21
more vehicle sensors that transmits a vehicle's speed and an image 22
of the rear license plate of a vehicle exceeding the speed limit. 23
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(b) "Department" means the Mississippi Department of 24
Transportation. 25
(c) "Highway work zone" means a lane or portion of a 26
public highway, road or street open to vehicular traffic and the 27
affected area adjacent to that lane, berm or shoulder of a public 28
highway, road or street upon which construction, reconstruction, 29
resurfacing, maintenance, inspection or other work of that nature 30
is being conducted within this state and is marked: 31
(i) By appropriate warning signs or other traffic 32
control devices indicating that work is in progress; and 33
(ii) By signs of a design approved by the 34
Department of Transportation indicating that any person who 35
operates a motor vehicle within a highway work zone at a speed in 36
excess of the reduced maximum speed limit may be punished by a 37
fine of double the maximum amount otherwise authorized by law. 38
(d) "Images" means images transmitted by an automated 39
speed enforcement device showing the speed and rear license plate 40
of a motor vehicle. 41
(2) A law enforcement officer may issue a citation at the 42
time of an offense in a highway work zone based on images 43
transmitted by an automated speed enforcement device if: 44
(a) A motor vehicle is detected traveling in excess of 45
ten (10) miles per hour over the posted speed limit; 46
(b) At least one (1) bona fide worker is present in the 47
highway work zone; and 48
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(c) There is a law enforcement officer certified under 49
the law enforcement officers training program prescribed in 50
Section 45-6-1 et seq., present in or near the end of the highway 51
work zone in a marked vehicle. 52
(3) The department shall: 53
(a) Install signage in highway work zones notifying the 54
public that vehicle speed within the work zone may be enforced by 55
an automated speed enforcement device; 56
(b) Require the signage to be affixed with lights that 57
shall be flashing at all times when the automated speed 58
enforcement device is active; and 59
(c) Calibrate the automated speed enforcement device on 60
an annual basis. 61
(4) An image transmitted by an automated speed enforcement 62
device under this section shall not be disclosed to anyone other 63
than the driver of the vehicle. 64
(5) The Mississippi Transportation Commission shall 65
promulgate administrative regulations relating to any matters 66
necessary for the efficient administration of automated speed 67
enforcement under this section. 68
SECTION 2. Section 63-3-516, Mississippi Code of 1972, is 69
amended as follows: 70
63-3-516. (1) It is unlawful for any person to operate a 71
motor vehicle within a highway work zone at a speed in excess of 72
the maximum speed limit specifically established for the zone 73
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whenever workers are present and whenever the zone is indicated by 74
appropriately placed signs displaying the reduced maximum speed 75
limit. Any person violating the provisions of this section shall 76
be punished, upon conviction, for a first offense by a fine of not 77
more than Two Hundred Fifty Dollars ($250.00); and for second, 78
third and subsequent offenses by a fine of double the maximum fine 79
imposed for second, third or subsequent offenses under Section 80
63-9-11. 81
(2) For the purposes of this section the term "highway work 82
zone" means * * * a lane or portion of a public highway, road or 83
street open to vehicular traffic and the affected area adjacent to 84
that lane, berm or shoulder of a public highway, road or street 85
upon which construction, reconstruction, resurfacing, maintenance, 86
inspection or other work of that nature is being conducted within 87
this state and is marked: 88
(a) By appropriate warning signs or other traffic 89
control devices indicating that work is in progress; and 90
(b) By signs of a design approved by the Department of 91
Transportation indicating that any person who operates a motor 92
vehicle within a highway work zone at a speed in excess of the 93
reduced maximum speed limit may be punished by a fine of double 94
the maximum amount otherwise authorized by law. 95
(3) Nothing in this section shall preclude the prosecution 96
or conviction for careless or reckless driving of any motor 97
vehicle operator whose operation of a motor vehicle in a highway 98
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work zone, apart from speed, demonstrates the operation of the 99
same in a careless or imprudent manner in violation of Section 100
63-3-1213 or in a reckless manner in violation of Section 101
63-3-1201. 102
(4) Every person who operates any motor vehicle in violation 103
of the provisions of this section and who causes property damage 104
to road construction equipment or a motor vehicle in an amount of 105
Five Hundred Dollars ($500.00) or greater within a highway work 106
zone shall, upon conviction, be guilty of a separate misdemeanor 107
and shall be punished by a fine of not less than Two Hundred Fifty 108
Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), 109
or by imprisonment in the county jail for a term of not less than 110
thirty (30) days nor more than one (1) year, or by both such fine 111
and imprisonment, in the discretion of the court, and the court 112
shall, as a condition of any sentence imposed determine the extent 113
of the property damage caused by the violator and require the 114
violator to make restitution to the injured party upon such terms 115
and conditions determined by the court. Nothing herein however 116
shall prevent the injured party from pursuing any other civil 117
remedies against the violators as allowed by law. 118
(5) Every person who operates any motor vehicle in violation 119
of the provisions of this section and who causes the death of 120
another within a highway work zone or mutilates, disfigures, 121
permanently disables or destroys the tongue, eye, lip, nose or any 122
other limb, organ or member of another within a highway work zone 123
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shall, upon conviction, be guilty of a separate felony for each 124
victim who suffers death, mutilation, disfigurement or other 125
injury and shall be punished by a fine of not less than Five 126
Hundred Dollars ($500.00) nor more than Ten Thousand Dollars 127
($10,000.00) and shall be committed to the custody of the State 128
Department of Corrections for a period of time of not less than 129
three (3) years and not to exceed fifteen (15) years for each 130
death, mutilation, disfigurement or other injury, and the 131
imprisonment for the second or each subsequent conviction, in the 132
discretion of the court, shall commence either at the termination 133
of the imprisonment for the preceding conviction or run 134
concurrently with the preceding conviction. 135
(6) In order for an increased fine to be imposed under this 136
section, the highway work zone must have: 137
(a) Signs displayed informing drivers of the existence 138
of a highway work zone and that fines are increased in it; and 139
(b) At least one (1) bona fide worker is present in the 140
highway work zone. 141
(c) If a violation of any of the offenses identified in 142
subsection (1) of this section can be classified as a misdemeanor, 143
those penalties shall apply in addition to the penalties in 144
subsection (1) of this section. 145
(3) All fines collected for violations in a highway work 146
zone under this section shall be deposited into a special fund in 147
the State Treasury known as the "Highway Work Zone Safety Fund". 148
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ST: Highway work zone safety; provide mechanism
for enhanced enforcement of and penalties for
violation of traffic rules regarding.
SECTION 3. There is created in the State Treasury a special 149
fund to be designated as the "Highway Work Zone Safety Fund," 150
which shall consist of funds collected for violations of Section 151
63-3-516, funds made available by the Legislature in any manner 152
and funds from any other source designated for deposit into such 153
fund. The fund shall be maintained by the State Treasurer as a 154
separate and special fund, separate and apart from the General 155
Fund of the state. Unexpended amounts remaining in the fund at 156
the end of a fiscal year shall not lapse into the State General 157
Fund, and any investment earnings or interest earned on amounts in 158
the fund shall be deposited to the credit of the fund. Monies in 159
the safety fund shall be used exclusively by the Department of 160
Transportation to hire or pay for enhanced law enforcement of 161
traffic laws within highway work zones. 162
SECTION 4. This act shall take effect and be in force from 163
and after July 1, 2026. 164