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S. B. No. 2265 *SS36/R506* ~ OFFICIAL ~ G3/5
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To: Highways and
Transportation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Chism
SENATE BILL NO. 2265
AN ACT TO AMEND SECTION 63-31-3, MISSISSIPPI CODE OF 1972, TO 1
ALLOW ALL-TERRAIN VEHICLES AND RECREATIONAL OFF-HIGHWAY VEHICLES 2
TO OPERATE ON COUNTY RURAL, GRAVEL OR PAVED ROADS; TO REQUIRE, FOR 3
SUCH OPERATION, COMPLIANCE WITH LICENSING AND TAGGING REQUIREMENTS 4
AND OTHER MOTOR VEHICLE REGULATIONS, EXCEPT THOSE REQUIRING 5
EQUIPPING WITH WINDSHIELD WIPERS; TO SPECIFY THAT A LICENSE TAG 6
SHALL NOT AUTHORIZE THE USE OF AN ALL-TERRAIN VEHICLE OR 7
RECREATIONAL OFF-HIGHWAY VEHICLE FOR TOWING, OR FOR OPERATION ON 8
AN INTERSTATE HIGHWAY OR ANY OTHER ROAD FOR WHICH THE SPEED LIMIT 9
EXCEEDS 40 MILES PER HOUR, EXCEPT FOR CROSSING CERTAIN ROADS; TO 10
AMEND SECTION 27-19-43, MISSISSIPPI CODE OF 1972, TO CONFORM AND 11
TO PROVIDE THAT LICENSE TAGS SOLD AND ISSUED FOR ALL TERRAIN 12
VEHICLES OR RECREATIONAL OFF-HIGHWAY VEHICLES SHALL NOT EXCEED 13
$100.00; TO AMEND SECTIONS 27-19-3, 27-19-5, 27-51-5, 63-3-103, 14
63-15-3 AND 63-21-5, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR 15
RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 63-31-3, Mississippi Code of 1972, is 18
amended as follows: 19
63-31-3. (1) No off-road vehicle shall be operated upon any 20
public property by any person unless: 21
(a) (i) The person possesses a valid driver's license; 22
or 23
(ii) The person possesses a certificate as 24
provided under subsections (3) and (4) of this section * * *; and 25
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(b) * * * Each person under sixteen (16) years of age 26
who is operating or riding on the off-road vehicle is wearing a 27
crash helmet that complies with minimum guidelines established by 28
the National Highway Traffic Safety Administration pursuant to the 29
federal Motor Vehicle Safety Standard No. 218 (49 CFR 571.218) for 30
helmets designed for use by motorcyclists. 31
(2) A violation of subsection (1) of this section is 32
punishable by a fine of not less than Twenty-five Dollars ($25.00) 33
nor more than Fifty Dollars ($50.00). 34
(3) Off-road vehicle safety courses shall be held by the 35
Cooperative Extension Service using 4-H safety course materials 36
and curricula, and shall be taught by instructors possessing 37
qualifications approved by the Department of Public Safety. The 38
Cooperative Extension Service shall issue a certificate to each 39
person who satisfactorily completes the off-road vehicle safety 40
course. 41
(4) Off-road vehicle safety courses may be held by any 42
organization approved by the Department of Public Safety. Such 43
organization shall issue a certificate to each person who 44
satisfactorily completes the off-road vehicle safety course. 45
(5) All-terrain vehicles and recreational off-highway 46
vehicles may be operated on county rural, gravel or paved roads. 47
All-terrain vehicles and recreational off-highway vehicles 48
operating under this subsection shall comply with licensing and 49
tagging requirements under Chapter 19, Title 27, Mississippi Code 50
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of 1972, and with other motor vehicle regulations, except those 51
requiring equipping with windshield wipers. A license tag shall 52
not authorize the use of an all-terrain vehicle or recreational 53
off-highway vehicle for towing, or for operation on an interstate 54
highway or any other road for which the speed limit exceeds forty 55
(40) miles per hour. However, such a vehicle may, for the purpose 56
of crossing from one (1) road, field or area of operation to 57
another, be operated on a state-maintained highway or other 58
noncounty road, other than the interstate and national defense 59
highway system, if: 60
(a) The crossing is made at an angle of approximately 61
ninety (90) degrees to the direction of the highway and at a place 62
where no obstruction prevents a quick and safe crossing; 63
(b) The vehicle is brought to a complete stop before 64
crossing the shoulder or main traveled way of the highway; 65
(c) The operator yields the right-of-way to all 66
oncoming traffic that constitutes an immediate potential hazard; 67
and 68
(d) Both the headlights and the taillights are 69
illuminated when the crossing is made. 70
( * * *6) For the purposes of this section: 71
(a) "Off-road vehicle" means any all-terrain vehicle, 72
dirt bike or recreational off-highway vehicle. The term "off-road 73
vehicle" shall not include electric bicycles. 74
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(b) "All-terrain vehicle" or "ATV" means any motorized 75
vehicle manufactured and designed exclusively for off-road use 76
that is fifty-five (55) inches or less in width; has an unladen 77
dry weight of one thousand (1,000) pounds or less; and travels on 78
three (3), four (4) or more nonhighway tires. The term 79
"all-terrain vehicle" shall not include electric bicycles. 80
(c) "Dirt bike" means a motor-powered vehicle 81
possessing two (2) or more tires, designed to travel over any 82
terrain and capable of travelling off of paved roads, whether or 83
not the vehicle may be operated legally on a public street. The 84
term "dirt bike" shall not include electric bicycles. 85
(d) "Recreational off-highway vehicle" means any 86
motorized vehicle manufactured and designed exclusively for 87
off-road use that is seventy-five (75) inches or less in width; 88
has an unladen dry weight of three thousand five hundred (3,500) 89
pounds or less; and travels on four (4) or more nonhighway tires. 90
* * * 91
SECTION 2. Section 27-19-3, Mississippi Code of 1972, is 92
amended as follows: 93
27-19-3. (a) The following words and phrases when used in 94
this article for the purpose of this article have the meanings 95
respectively ascribed to them in this section, except in those 96
instances where the context clearly describes and indicates a 97
different meaning: 98
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(1) "Vehicle" means every device in, upon or by which 99
any person or property is or may be transported or drawn upon a 100
public highway, except devices moved by muscular power or used 101
exclusively upon stationary rails or tracks. The term "vehicle" 102
includes all-terrain vehicles and recreational off-highway 103
vehicles operated on county rural, gravel or paved roads under 104
Section 63-31-3. 105
(2) "Commercial vehicle" means every vehicle used or 106
operated upon the public roads, highways or bridges in connection 107
with any business function. 108
(3) "Motor vehicle" means every vehicle as defined in 109
this section which is self-propelled, including trackless street 110
or trolley cars. The term "motor vehicle" shall not include 111
electric bicycles, personal delivery devices or electric personal 112
assistive mobility devices as defined in Section 63-3-103, or golf 113
carts or low-speed vehicles as defined in Section 63-32-1. 114
(4) "Tractor" means every vehicle designed, constructed 115
or used for drawing other vehicles. 116
(5) "Motorcycle" means every vehicle designed to travel 117
on not more than three (3) wheels in contact with the ground, 118
except electric bicycles, personal delivery devices and vehicles 119
included within the term "tractor" as herein classified and 120
defined. 121
(6) "Truck tractor" means every motor vehicle designed 122
and used for drawing other vehicles and so constructed as to carry 123
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a load other than a part of the weight of the vehicle and load so 124
drawn and has a gross vehicle weight (GVW) in excess of ten 125
thousand (10,000) pounds. 126
(7) "Trailer" means every vehicle without motive power, 127
designed to carry property or passengers wholly on its structure 128
and which is drawn by a motor vehicle. 129
(8) "Semitrailer" means every vehicle (of the trailer 130
type) so designed and used in conjunction with a truck tractor. 131
(9) "Foreign vehicle" means every motor vehicle, 132
trailer or semitrailer, which shall be brought into the state 133
otherwise than by or through a manufacturer or dealer for resale 134
and which has not been registered in this state. 135
(10) "Pneumatic tires" means all tires inflated with 136
compressed air. 137
(11) "Solid rubber tires" means every tire made of 138
rubber other than pneumatic tires. 139
(12) "Solid tires" means all tires, the surface of 140
which in contact with the highway is wholly or partly of metal or 141
other hard, nonresilient material. 142
(13) "Person" means every natural person, firm, 143
copartnership, corporation, joint-stock or other association or 144
organization. 145
(14) "Owner" means a person who holds the legal title 146
of a vehicle or in the event a vehicle is the subject of an 147
agreement for the conditional sale, lease or transfer of the 148
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possession, the person with the right of purchase upon performance 149
of conditions stated in the agreement, and with an immediate right 150
of possession vested in the conditional vendee, lessee, possessor 151
or in the event such or similar transaction is had by means of a 152
mortgage, and the mortgagor of a vehicle is entitled to 153
possession, then such conditional vendee, lessee, possessor or 154
mortgagor shall be deemed the owner for the purposes of this 155
article. 156
(15) "School bus" means every motor vehicle engaged 157
solely in transporting school children or school children and 158
teachers to and from schools; however, such vehicles may transport 159
passengers on weekends and legal holidays and during summer months 160
between the terms of school for compensation when the 161
transportation of passengers is over a route of which not more 162
than fifty percent (50%) traverses the route of a common carrier 163
of passengers by motor vehicle and when no passengers are picked 164
up on the route of any such carrier. 165
(16) "Dealer" means every person engaged regularly in 166
the business of buying, selling or exchanging motor vehicles, 167
trailers, semitrailers, trucks, tractors or other character of 168
commercial or industrial motor vehicles in this state, and having 169
an established place of business in this state. 170
(17) "Highway" means and includes every way or place of 171
whatever nature, including public roads, streets and alleys of 172
this state generally open to the use of the public or to be opened 173
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or reopened to the use of the public for the purpose of vehicular 174
travel, and notwithstanding that the same may be temporarily 175
closed for the purpose of construction, reconstruction, 176
maintenance or repair. 177
(18) "State Tax Commission," "commission" or 178
"department" means the Commissioner of Revenue of the Department 179
of Revenue of this state, acting directly or through his duly 180
authorized officers, agents, representatives and employees. 181
(19) "Common carrier by motor vehicle" means any person 182
who or which undertakes, whether directly or by a lease or any 183
other arrangement, to transport passengers or property or any 184
class or classes of property for the general public in interstate 185
or intrastate commerce on the public highways of this state by 186
motor vehicles for compensation, whether over regular or irregular 187
routes. The term "common carrier by motor vehicle" shall not 188
include passenger buses operating within the corporate limits of a 189
municipality in this state or not exceeding five (5) miles beyond 190
the corporate limits of the municipality, and hearses, ambulances, 191
and school buses as such. In addition, this definition shall not 192
include taxicabs. 193
(20) "Contract carrier by motor vehicle" means any 194
person who or which under the special and individual contract or 195
agreements, and whether directly or by a lease or any other 196
arrangement, transports passengers or property in interstate or 197
intrastate commerce on the public highways of this state by motor 198
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vehicle for compensation. The term "contract carrier by motor 199
vehicle" shall not include passenger buses operating wholly within 200
the corporate limits of a municipality in this state or not 201
exceeding five (5) miles beyond the corporate limits of the 202
municipality, and hearses, ambulances, and school buses as such. 203
In addition, this definition shall not include taxicabs. 204
(21) "Private commercial and noncommercial carrier of 205
property by motor vehicle" means any person not included in the 206
terms "common carrier by motor vehicle" or "contract carrier by 207
motor vehicle," who or which transports in interstate or 208
intrastate commerce on the public highways of this state by motor 209
vehicle, property of which such person is the owner, lessee, or 210
bailee, other than for hire. The term "private commercial and 211
noncommercial carrier of private property by motor vehicle" shall 212
not include passenger buses operated wholly within the corporate 213
limits of a municipality of this state, or not exceeding five (5) 214
miles beyond the corporate limits of the municipality, and 215
hearses, ambulances, and school buses as such. In addition, this 216
definition shall not include taxicabs. 217
Haulers of fertilizer shall be classified as private 218
commercial carriers of property by motor vehicle. 219
(22) "Private carrier of passengers" means all other 220
passenger motor vehicle carriers not included in the above 221
definitions. The term "private carrier of passengers" shall not 222
include passenger buses operating wholly within the corporate 223
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limits of a municipality in this state, or not exceeding five (5) 224
miles beyond the corporate limits of the municipality, and 225
hearses, ambulances, and school buses as such. In addition, this 226
definition shall not include taxicabs. 227
(23) "Operator" means any person, partnership, 228
joint-stock company or corporation operating on the public 229
highways of the state one or more motor vehicles as the beneficial 230
owner or lessee. 231
(24) "Driver" means the person actually driving or 232
operating such motor vehicle at any given time. 233
(25) "Private carrier of property" means any person 234
transporting property on the highways of this state as defined 235
below: 236
(i) Any person, or any employee of such person, 237
transporting farm products, farm supplies, materials and/or 238
equipment used in the growing or production of his own 239
agricultural products in his own truck. 240
(ii) Any person transporting his own fish, 241
including shellfish, in his own truck. 242
(iii) Any person, or any employee of such person, 243
transporting unprocessed forest products, or timber harvesting 244
equipment wherein ownership remains the same, in his own truck. 245
(26) "Taxicab" means any passenger motor vehicle for 246
hire with a seating capacity not greater than ten (10) passengers. 247
For purposes of this paragraph (26), seating capacity shall be 248
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determined according to the manufacturer's suggested seating 249
capacity for a vehicle. If there is no manufacturer's suggested 250
seating capacity for a vehicle, the seating capacity for the 251
vehicle shall be determined according to regulations established 252
by the Department of Revenue. 253
(27) "Passenger coach" means any passenger motor 254
vehicle with a seating capacity greater than ten (10) passengers, 255
operating wholly within the corporate limits of a municipality of 256
this state or within five (5) miles of the corporate limits of the 257
municipality, or motor vehicles substituted for abandoned electric 258
railway systems in or between municipalities. For purposes of 259
this paragraph (27), seating capacity shall be determined 260
according to the manufacturer's suggested seating capacity for a 261
vehicle. If there is no manufacturer's suggested seating capacity 262
for a vehicle, the seating capacity for the vehicle shall be 263
determined according to regulations established by the Department 264
of Revenue. 265
(28) "Empty weight" means the actual weight of a 266
vehicle including fixtures and equipment necessary for the 267
transportation of load hauled or to be hauled. 268
(29) "Gross weight" means the empty weight of the 269
vehicle, as defined herein, plus any load being transported or to 270
be transported. 271
(30) "Ambulance and hearse" shall have the meaning 272
generally ascribed to them. A hearse or funeral coach shall be 273
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classified as a light carrier of property, as defined in Section 274
27-51-101. 275
(31) "Regular seats" means each seat ordinarily and 276
customarily used by one (1) passenger, including all temporary, 277
emergency, and collapsible seats. Where any seats are not 278
distinguished or separated by separate cushions and backs, a seat 279
shall be counted for each eighteen (18) inches of space on such 280
seats or major fraction thereof. In the case of a regular 281
passenger-type automobile which is used as a common or contract 282
carrier of passengers, three (3) seats shall be counted for the 283
rear seat of such automobile and one (1) seat shall be counted for 284
the front seat of such automobile. 285
(32) "Ton" means two thousand (2,000) pounds 286
avoirdupois. 287
(33) "Bus" means any passenger vehicle with a seating 288
capacity of more than ten (10) but shall not include "private 289
carrier of passengers" and "school bus" as defined in paragraphs 290
(15) and (22) of this section. For purposes of this paragraph 291
(33), seating capacity shall be determined according to the 292
manufacturer's suggested seating capacity for a vehicle. If there 293
is no manufacturer's suggested seating capacity for a vehicle, the 294
seating capacity for the vehicle shall be determined according to 295
regulations established by the Department of Revenue. 296
(34) "Corporate fleet" means a group of two hundred 297
(200) or more marked private carriers of passengers or light 298
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carriers of property, as defined in Section 27-51-101, trailers, 299
semitrailers, or motor vehicles in excess of ten thousand (10,000) 300
pounds gross vehicle weight, except for those vehicles registered 301
for interstate travel, owned or leased on a long-term basis by a 302
corporation or other legal entity. In order to be considered 303
marked, the motor vehicle must have a name, trademark or logo 304
located either on the sides or the rear of the vehicle in sharp 305
contrast to the background, and of a size, shape and color that is 306
legible during daylight hours from a distance of fifty (50) feet. 307
(35) "Individual fleet" means a group of five (5) or 308
more private carriers of passengers or light carriers of property, 309
as defined in Section 27-51-101, owned or leased by the same 310
person and principally garaged in the same county. 311
(36) "Trailer fleet" means a group of fifty (50) or 312
more utility trailers each with a gross vehicle weight of six 313
thousand (6,000) pounds or less. 314
(37) "Rental fleet" means a group of two hundred (200) 315
or more private carriers of passengers or light carriers of 316
property, as defined in Section 27-51-101, trailers, semitrailers, 317
or motor vehicles in excess of ten thousand (10,000) pounds gross 318
vehicle weight, except for those vehicles registered for 319
interstate travel, owned or leased on a long-term basis by a 320
corporation or other legal entity and exempt from ad valorem 321
taxation under Section 27-51-41(2)(n). 322
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(38) "All-terrain vehicle," "ATV" and "recreational 323
off-highway vehicle" have the meanings ascribed in Section 324
63-31-3. 325
(b) (1) No lease shall be recognized under the provisions 326
of this article unless it shall be in writing and shall fully 327
define a bona fide relationship of lessor and lessee, signed by 328
both parties, dated and be in the possession of the driver of the 329
leased vehicle at all times. 330
(2) Leased vehicles shall be considered as domiciled at 331
the place in the State of Mississippi from which they operate in 332
interstate or intrastate commerce, and for the purposes of this 333
article shall be considered as owned by the lessee, who shall 334
furnish all insurance on the vehicles and the driver of the 335
vehicles shall be considered as an agent of the lessee for all 336
purposes of this article. 337
SECTION 3. Section 27-19-5, Mississippi Code of 1972, is 338
amended as follows: 339
27-19-5. There is hereby levied the following annual highway 340
privilege tax on operators of private carriers of passengers as 341
reasonable compensation for the use of the highways of this state:342
(a) On the owner or operator of each private carrier of 343
passengers.................................................. $15.00 344
(b) On each motorcycle, per annum................ 8.00 345
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(c) On each all-terrain vehicle or recreational 346
off-highway vehicle operated on roads under Section 63-31-3, per 347
annum....................................................... 8.00 348
SECTION 4. Section 27-19-43, Mississippi Code of 1972, is 349
amended as follows: 350
27-19-43. (1) License tags, substitute tags and decals for 351
individual fleets and for private carriers of passengers, school 352
buses (excluding school buses owned by a school district in the 353
state), church buses, taxicabs, ambulances, hearses, 354
motorcycles * * *, all-terrain vehicles and recreational 355
off-highway vehicles operated on roads, private carriers of 356
property, and private commercial carriers of property of a gross 357
weight of ten thousand (10,000) pounds and less, shall be sold and 358
issued by the tax collectors of the several counties. License 359
tags sold and issued for all-terrain vehicles or recreational 360
off-highway vehicles shall not exceed One Hundred Dollars 361
($100.00). 362
(2) Applications for license tags for motor vehicles in a 363
corporate fleet registered under Section 27-19-66, trailers in a 364
fleet registered under Section 27-19-66.1, motor vehicles in a 365
rental fleet registered under Section 27-19-66.2, and applications 366
for all other license tags, substitute tags and decals shall be 367
filed with the department or the local tax collector of the 368
respective counties and forwarded to the department for issuance 369
to the applicant. All tags and decals for vehicles owned by the 370
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state or any agency or instrumentality thereof, and vehicles owned 371
by a fire protection district, school district or a county or 372
municipality, and all vehicles owned by a road, drainage or levee 373
district shall be issued by the department. 374
(3) In addition to the privilege taxes levied herein, there 375
shall be collected the following registration or tag fee: 376
(a) For the issuance of both a license tag and two (2) 377
decals, a fee of Five Dollars ($5.00). 378
(b) For the issuance of up to two (2) decals only, a 379
fee of Three Dollars and Seventy-five Cents ($3.75). 380
(c) Additionally, the tax collector or the department, 381
as the case may be, shall assess and collect a fee of Four Dollars 382
($4.00) upon each set of license tags and two (2) decals issued, 383
or upon each set of two (2) decals issued, and that sum shall be 384
deposited in the Mississippi Trauma Care Systems Fund established 385
in Section 41-59-75, to be used for the purposes set out in that 386
section. 387
No tag or decal shall be issued either by a tax collector or 388
by the department without the collection of such registration fee 389
except substitute tags and decals and license tags for vehicles 390
owned by the State of Mississippi. 391
Beginning July 1, 1987, and until the date specified in 392
Section 65-39-35, there shall be levied a registration fee of Five 393
Dollars ($5.00) in addition to the regular registration fee 394
imposed in paragraphs (a) and (b) of this subsection. Such 395
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additional registration fee shall be levied in the same manner as 396
the regular registration fee. However, this additional 397
registration fee shall not be levied on all-terrain vehicles or 398
recreational off-highway vehicles. 399
SECTION 5. Section 27-51-5, Mississippi Code of 1972, is 400
amended as follows: 401
27-51-5. The subject words and terms of this section, for 402
the purpose of this chapter, shall have meanings as follows: 403
(a) "Motor vehicle" means any device and attachments 404
supported by one or more wheels which is propelled or drawn by any 405
power other than muscular power over the highways, streets or 406
alleys of this state. The term "motor vehicle" shall not include 407
electric bicycles, personal delivery devices or electric personal 408
assistive mobility devices as defined in Section 63-3-103, or golf 409
carts or low-speed vehicles as defined in Section 63-32-1. 410
However, mobile homes which are detached from any self-propelled 411
vehicles and parked on land in the state are hereby expressly 412
exempt from the motor vehicle ad valorem taxes, but house trailers 413
which are actually in transit and which are not parked for more 414
than an overnight stop are not exempted. The term "motor vehicle" 415
includes all-terrain vehicles and recreational off-highway 416
vehicles, as defined in Section 63-31-3, operated on roads under 417
Section 63-31-3. 418
(b) "Public highway" means and includes every way or 419
place of whatever nature, including public roads, streets and 420
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alleys of this state generally open to the use of the public or to 421
be opened or reopened to the use of the public for the purpose of 422
vehicular travel, notwithstanding that the same may be temporarily 423
closed for the purpose of construction, reconstruction, 424
maintenance, or repair. 425
(c) "Administrator of the road and bridge privilege tax 426
law" means the official authorized by law to administer the road 427
and bridge privilege tax law of this state. 428
SECTION 6. Section 63-3-103, Mississippi Code of 1972, is 429
amended as follows: 430
63-3-103. (a) "Vehicle" means every device in, upon or by 431
which any person or property is or may be transported or drawn 432
upon a highway, except devices used exclusively upon stationary 433
rails or tracks. The term "vehicle" includes all-terrain vehicles 434
and recreational off-highway vehicles, as defined in Section 435
63-31-3, operated on roads under Section 63-31-3. This inclusion 436
subjects such all-terrain vehicles and recreational off-highway 437
vehicles to the requirements of this chapter, except as to those 438
provisions that by their nature can have no application; however, 439
this inclusion does not permit all-terrain vehicles or 440
recreational off-highway vehicles to be operated on public roads 441
other than as authorized under Section 63-31-3. 442
(b) "Motor vehicle" means every vehicle which is 443
self-propelled and every vehicle which is propelled by electric 444
power obtained from overhead trolley wires, but not operated upon 445
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rails. The term "motor vehicle" shall not include electric 446
personal assistive mobility devices, personal delivery devices or 447
electric bicycles. 448
(c) "Motorcycle" means every motor vehicle having a saddle 449
for the use of the rider and designed to travel on not more than 450
three (3) wheels in contact with the ground but excluding a 451
tractor. The term "motorcycle" includes motor scooters as defined 452
in subsection (j) of this section. The term "motorcycle" shall 453
not include electric bicycles or personal delivery devices. 454
(d) "Authorized emergency vehicle" means every vehicle of 455
the fire department (fire patrol), every police vehicle, every 911 456
Emergency Communications District vehicle, every such ambulance 457
and special use EMS vehicle as defined in Section 41-59-3, every 458
Mississippi Emergency Management Agency vehicle as is designated 459
or authorized by the Executive Director of MEMA and every 460
emergency vehicle of municipal departments or public service 461
corporations as is designated or authorized by the commission or 462
the chief of police of an incorporated city. 463
(e) "School bus" means every motor vehicle operated for the 464
transportation of children to or from any school, provided same is 465
plainly marked "School Bus" on the front and rear thereof and 466
meets the requirements of the State Board of Education as 467
authorized under Section 37-41-1. 468
(f) "Recreational vehicle" means a vehicular type unit 469
primarily designed as temporary living quarters for recreational, 470
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camping or travel use, which either has its own motive power or is 471
mounted on or drawn by another vehicle and includes travel 472
trailers, fifth-wheel trailers, camping trailers, truck campers 473
and motor homes. 474
(g) "Motor home" means a motor vehicle that is designed and 475
constructed primarily to provide temporary living quarters for 476
recreational, camping or travel use. 477
(h) "Electric assistive mobility device" means a 478
self-balancing two-tandem wheeled device, designed to transport 479
only one (1) person, with an electric propulsion system that 480
limits the maximum speed of the device to fifteen (15) miles per 481
hour. 482
(i) "Autocycle" means a three-wheel motorcycle with a 483
steering wheel, nonstraddle seating, rollover protection and seat 484
belts. 485
(j) "Motor scooter" means a two-wheeled vehicle that has a 486
seat for the operator, one (1) wheel that is ten (10) inches or 487
more in diameter, a step-through chassis, a motor with a rating of 488
two and seven-tenths (2.7) brake horsepower or less if the motor 489
is an internal combustion engine, an engine of 50cc or less and 490
otherwise meets all safety requirements of motorcycles. The term 491
"motor scooter" shall not include electric bicycles or personal 492
delivery devices. 493
(k) "Platoon" means a group of individual motor vehicles 494
traveling in a unified manner at electronically coordinated speeds 495
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at following distances that are closer than would be reasonable 496
and prudent without such coordination. 497
(l) "Electric bicycle" means a bicycle or tricycle equipped 498
with fully operable pedals, a saddle or seat for the rider, and an 499
electric motor of less than seven hundred fifty (750) watts that 500
meets the requirements of one (1) of the following three (3) 501
classes: 502
(i) "Class 1 electric bicycle" means an electric 503
bicycle equipped with a motor that provides assistance only when 504
the rider is pedaling, and that ceases to provide assistance when 505
the bicycle reaches the speed of twenty (20) miles per hour. 506
(ii) "Class 2 electric bicycle" means an electric 507
bicycle equipped with a motor that may be used exclusively to 508
propel the bicycle, and that is not capable of providing 509
assistance when the bicycle reaches the speed of twenty (20) miles 510
per hour. 511
(iii) "Class 3 electric bicycle" means an electric 512
bicycle equipped with a motor that provides assistance only when 513
the rider is pedaling, and that ceases to provide assistance when 514
the bicycle reaches the speed of twenty-eight (28) miles per hour. 515
(m) "Personal delivery device" means a device: 516
(i) Solely powered by an electric motor; 517
(ii) Intended to be operated primarily on sidewalks, 518
crosswalks, and other pedestrian areas to transport cargo; 519
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(iii) Intended primarily to transport property on 520
public rights-of-way, and not intended to carry passengers; and 521
(iv) Capable of navigating with or without the active 522
control or monitoring of a natural person. 523
(n) "Personal delivery device operator" means a person or 524
entity that exercises physical control or monitoring over the 525
operation of a personal delivery device, excluding a person or 526
entity that requests or receives the services of a personal 527
delivery device, arranges for or dispatches the requested services 528
of a personal delivery device, or stores, charges or maintains a 529
personal delivery device. 530
(o) "Fully autonomous vehicle" means a motor vehicle 531
equipped with an automated driving system designed to function 532
without a human driver as a Level 4 or Level 5 automation system 533
under the Society of Automotive Engineers (SAE) Standard J3016. 534
SECTION 7. Section 63-15-3, Mississippi Code of 1972, is 535
amended as follows: 536
63-15-3. The following words and phrases, when used in this 537
chapter, shall, for the purposes of this chapter, have the 538
meanings respectively ascribed to them in this section, except in 539
those instances where the context clearly indicates a different 540
meaning: 541
(a) "Highway" means the entire width between property 542
lines of any road, street, way, thoroughfare or bridge in the 543
State of Mississippi not privately owned or controlled, when any 544
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part thereof is open to the public for vehicular traffic and over 545
which the state has legislative jurisdiction under its police 546
power. 547
(b) "Judgment" means any judgment which shall have 548
become final by expiration, without appeal, of the time within 549
which an appeal might have been perfected, or by final affirmation 550
on appeal, rendered by a court of competent jurisdiction of any 551
state or of the United States, upon a cause of action arising out 552
of the ownership, maintenance or use of any motor vehicle, for 553
damages, including damages for care and loss of services, because 554
of bodily injury to or death of any person, or for damages because 555
of injury to or destruction of property, including the loss of use 556
thereof, or upon a cause of action on an agreement of settlement 557
for such damages. 558
(c) "Motor vehicle" means every self-propelled vehicle 559
(other than traction engines, road rollers and graders, tractor 560
cranes, power shovels, well drillers, implements of husbandry, 561
electric bicycles, personal delivery devices and electric personal 562
assistive mobility devices as defined in Section 63-3-103) which 563
is designed for use upon a highway, including trailers and 564
semitrailers designed for use with such vehicles, and every 565
vehicle which is propelled by electric power obtained from 566
overhead wires but not operated upon rails. The term "motor 567
vehicle" includes all-terrain vehicles and recreational 568
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off-highway vehicles, as defined in Section 63-31-3, operated on 569
roads under Section 63-31-3. 570
For purposes of this definition, "implements of husbandry" 571
shall not include trucks, pickup trucks, trailers and semitrailers 572
designed for use with such trucks and pickup trucks. 573
(d) "License" means any driver's, operator's, 574
commercial operator's, or chauffeur's license, temporary 575
instruction permit or temporary license, or restricted license, 576
issued under the laws of the State of Mississippi pertaining to 577
the licensing of persons to operate motor vehicles. 578
(e) "Nonresident" means every person who is not a 579
resident of the State of Mississippi. 580
(f) "Nonresident's operating privilege" means the 581
privilege conferred upon a nonresident by the laws of Mississippi 582
pertaining to the operation by him of a motor vehicle, or the use 583
of a motor vehicle owned by him, in the State of Mississippi. 584
(g) "Operator" means every person who is in actual 585
physical control of a motor vehicle. 586
(h) "Owner" means a person who holds the legal title of 587
a motor vehicle; in the event a motor vehicle is the subject of an 588
agreement for the conditional sale or lease thereof with the right 589
of purchase upon performance of the conditions stated in the 590
agreement and with an immediate right of possession vested in the 591
conditional vendee or lessee or in the event a mortgagor of a 592
vehicle is entitled to possession, then such conditional vendee or 593
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lessee or mortgagor shall be deemed the owner for the purpose of 594
this chapter. 595
(i) "Person" means every natural person, firm, 596
copartnership, association or corporation. 597
(j) "Proof of financial responsibility" means proof of 598
ability to respond in damages for liability, on account of 599
accidents occurring subsequent to the effective date of said 600
proof, arising out of the ownership, maintenance or use of a motor 601
vehicle, in the amount of Twenty-five Thousand Dollars 602
($25,000.00) because of bodily injury to or death of one (1) 603
person in any one (1) accident, and subject to said limit for one 604
(1) person, in the amount of Fifty Thousand Dollars ($50,000.00) 605
because of bodily injury to or death of two (2) or more persons in 606
any one (1) accident, and in the amount of Twenty-five Thousand 607
Dollars ($25,000.00) because of injury to or destruction of 608
property of others in any one (1) accident. Liability insurance 609
required under this paragraph (j) may contain exclusions and 610
limitations on coverage as long as the exclusions and limitations 611
language or form has been filed with and approved by the 612
Commissioner of Insurance. 613
(k) "Registration" means a certificate or certificates 614
and registration plates issued under the laws of this state 615
pertaining to the registration of motor vehicles. 616
(l) "Department" means the Department of Public Safety 617
of the State of Mississippi, acting directly or through its 618
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authorized officers and agents, except in such sections of this 619
chapter in which some other state department is specifically 620
named. 621
(m) "State" means any state, territory or possession of 622
the United States, the District of Columbia, or any province of 623
the Dominion of Canada. 624
SECTION 8. Section 63-21-5, Mississippi Code of 1972, is 625
amended as follows: 626
63-21-5. The following words and phrases when used in this 627
chapter shall, for the purpose of this chapter, have the meanings 628
respectively ascribed to them in this section except where the 629
context clearly indicates a different meaning: 630
(a) "State Tax Commission" or "department" means the 631
Department of Revenue of the State of Mississippi. 632
(b) "Dealer" means every person engaged regularly in 633
the business of buying, selling or exchanging motor vehicles, 634
trailers, semitrailers, trucks, tractors or other character of 635
commercial or industrial motor vehicles in this state, and having 636
in this state an established place of business as defined in 637
Section 27-19-303. The term "dealer" shall also mean every person 638
engaged regularly in the business of buying, selling or exchanging 639
manufactured housing in this state, and licensed as a dealer of 640
manufactured housing by the Mississippi Department of Insurance. 641
(c) "Designated agent" means each county tax collector 642
in this state who may perform his duties under this chapter either 643
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personally or through any of his deputies, or such other persons 644
as the department may designate. The term shall also mean those 645
"dealers" as herein defined and/or their officers and employees 646
and other persons who are appointed by the department in the 647
manner provided in Section 63-21-13 to perform the duties of 648
"designated agent" for the purposes of this chapter. 649
(d) "Implement of husbandry" means every vehicle 650
designed and adapted exclusively for agricultural, horticultural 651
or livestock raising operations or for lifting or carrying an 652
implement of husbandry and in either case not subject to 653
registration if used upon the highways. 654
(e) "Vehicle identification number" means the numbers 655
and letters on a vehicle, manufactured home or mobile home 656
designated by the manufacturer or assigned by the department for 657
the purpose of identifying the vehicle, manufactured home or 658
mobile home. 659
(f) "Lien" means every kind of written lease which is 660
substantially equivalent to an installment sale or which provides 661
for a right of purchase; conditional sale; reservation of title; 662
deed of trust; chattel mortgage; trust receipt; and every other 663
written agreement or instrument of whatever kind or character 664
whereby an interest other than absolute title is sought to be held 665
or given on a motor vehicle, manufactured home or mobile home. 666
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(g) "Lienholder" means any natural person, firm, 667
copartnership, association or corporation holding a lien as herein 668
defined on a motor vehicle, manufactured home or mobile home. 669
(h) "Manufactured housing" or "manufactured home" means 670
any structure, transportable in one or more sections, which in the 671
traveling mode, is eight (8) body feet or more in width or forty 672
(40) body feet or more in length or, when erected on site, is 673
three hundred twenty (320) or more square feet and which is built 674
on a permanent chassis and designed to be used as a dwelling with 675
or without a permanent foundation when connected to the required 676
utilities, and includes the plumbing, heating, air-conditioning 677
and electrical systems contained therein; except that such terms 678
shall include any structure which meets all the requirements of 679
this paragraph except the size requirements and with respect to 680
which the manufacturer voluntarily files a certification required 681
by the Secretary of Housing and Urban Development and complies 682
with the standards established under the National Manufactured 683
Housing Construction and Safety Standards Act of 1974, 42 USCS, 684
Section 5401. 685
(i) "Manufacturer" means any person regularly engaged 686
in the business of manufacturing, constructing or assembling motor 687
vehicles, manufactured homes or mobile homes, either within or 688
without this state. 689
(j) "Mobile home" means any structure, transportable in 690
one or more sections, which in the traveling mode, is eight (8) 691
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body feet or more in width or forty (40) body feet or more in 692
length or, when erected on site, is three hundred twenty (320) or 693
more square feet and which is built on a permanent chassis and 694
designed to be used as a dwelling with or without a permanent 695
foundation when connected to the required utilities, and includes 696
the plumbing, heating, air-conditioning and electrical systems 697
contained therein and manufactured prior to June 15, 1976. Any 698
mobile home designated as realty on or before July 1, 1999, shall 699
continue to be designated as realty so that a security interest 700
will be made by incorporating such mobile home in a deed of trust. 701
(k) "Motorcycle" means every motor vehicle having a 702
seat or saddle for the use of the rider and designed to travel on 703
not more than three (3) wheels in contact with the ground, but 704
excluding a farm tractor, personal delivery device and electric 705
bicycle. 706
(l) "Motor vehicle" means every automobile, motorcycle, 707
mobile trailer, semitrailer, truck, truck tractor, trailer and 708
every other device in, upon, or by which any person or property is 709
or may be transported or drawn upon a public highway which is 710
required to have a road or bridge privilege license, except such 711
as is moved by animal power or used exclusively upon stationary 712
rails or tracks, and excepting electric bicycles and personal 713
delivery devices. As used in this chapter, "motor vehicle" or 714
"vehicle" also includes all-terrain vehicles, unless the context 715
clearly indicates otherwise; provided, the inclusion of 716
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all-terrain vehicles within this definition is for titling 717
purposes and does not imply any requirement that an all-terrain 718
vehicle have a road or bridge privilege license, or any authority 719
for an all-terrain vehicle to be operated on the highways or other 720
public places of this state. 721
(m) "New vehicle" means a motor vehicle, manufactured 722
home or mobile home which has never been the subject of a first 723
sale for use. 724
(n) "Used vehicle" means a motor vehicle, manufactured 725
home or mobile home that has been the subject of a first sale for 726
use, whether within this state or elsewhere. 727
(o) "Owner" means a person or persons holding the legal 728
title of a vehicle, manufactured home or mobile home; in the event 729
a vehicle, manufactured home or mobile home is the subject of a 730
deed of trust or a chattel mortgage or an agreement for the 731
conditional sale or lease thereof or other like agreement, with 732
the right of purchase upon performance of the conditions stated in 733
the agreement and with the immediate right of possession vested in 734
the grantor in the deed of trust, mortgagor, conditional vendee or 735
lessee, the grantor, mortgagor, conditional vendee or lessee shall 736
be deemed the owner for the purpose of this chapter. 737
(p) "Person" includes every natural person, firm, 738
copartnership, association or corporation. 739
(q) "Pole trailer" means every vehicle without motive 740
power designed to be drawn by another vehicle and attached to the 741
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towing vehicle by means of a reach or pole, or by being boomed or 742
otherwise secured to the towing vehicle, and ordinarily used for 743
transporting long or irregularly shaped loads such as poles, 744
pipes, boats or structural members capable generally of sustaining 745
themselves as beams between the supporting connections. 746
(r) "Security agreement" means a written agreement 747
which reserves or creates a security interest. 748
(s) "Security interest" means an interest in a vehicle, 749
manufactured home or mobile home reserved or created by agreement 750
and which secures payment or performance of an obligation. The 751
term includes the interest of a lessor under a lease intended as 752
security. A security interest is "perfected" when it is valid 753
against third parties generally, subject only to specific 754
statutory exceptions. 755
(t) "Special mobile equipment" means every vehicle not 756
designed or used primarily for the transportation of persons or 757
property and only incidentally operated or moved over a highway, 758
including, but not limited to: ditch-digging apparatus, 759
well-boring apparatus and road construction and maintenance 760
machinery such as asphalt spreaders, bituminous mixers, bucket 761
loaders, tractors other than truck tractors, ditchers, leveling 762
graders, finishing machines, motor graders, road rollers, 763
scarifiers, earth-moving carryalls and scrapers, power shovels and 764
draglines, and self-propelled cranes, vehicles so constructed that 765
they exceed eight (8) feet in width and/or thirteen (13) feet six 766
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(6) inches in height, and earth-moving equipment. The term does 767
not include house trailers, dump trucks, truck-mounted transit 768
mixers, cranes or shovels, or other vehicles designed for the 769
transportation of persons or property to which machinery has been 770
attached. 771
(u) "Nonresident" means every person who is not a 772
resident of this state. 773
(v) "Current address" means a new address different 774
from the address shown on the application or on the certificate of 775
title. The owner shall within thirty (30) days after his address 776
is changed from that shown on the application or on the 777
certificate of title notify the department of the change of 778
address in the manner prescribed by the department. 779
(w) "Odometer" means an instrument for measuring and 780
recording the actual distance a motor vehicle travels while in 781
operation; but shall not include any auxiliary instrument designed 782
to be reset by the operator of the motor vehicle for the purpose 783
of recording the distance traveled on trips. 784
(x) "Odometer reading" means the actual cumulative 785
distance traveled disclosed on the odometer. 786
(y) "Odometer disclosure statement" means a statement 787
certified by the owner of the motor vehicle to the transferee or 788
to the department as to the odometer reading. 789
(z) "Mileage" means actual distance that a vehicle has 790
traveled. 791
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(aa) "Trailer" means every vehicle other than a "pole 792
trailer" as defined in this chapter without motive power designed 793
to be drawn by another vehicle and attached to the towing vehicle 794
for the purpose of hauling goods or products. The term "trailer" 795
shall not refer to any structure, transportable in one or more 796
sections regardless of size, when erected on site, and which is 797
built on a permanent chassis and designed to be used as a dwelling 798
with or without a permanent foundation when connected to the 799
required utilities, and includes the plumbing, heating, 800
air-conditioning and electrical systems contained therein 801
regardless of the date of manufacture. 802
(bb) "Salvage mobile home" or "salvage manufactured 803
home" means a mobile home or manufactured home for which a 804
certificate of title has been issued that an insurance company 805
obtains from the owner as a result of paying a total loss claim 806
resulting from collision, fire, flood, wind or other occurrence. 807
The term "salvage mobile home" or "salvage manufactured home" does 808
not mean or include and is not applicable to a mobile home or 809
manufactured home that is twenty (20) years old or older. 810
(cc) "Salvage certificate of title" means a document 811
issued by the department for a salvage mobile home or salvage 812
manufactured home as defined in this chapter. 813
(dd) "All-terrain vehicle" means a motor vehicle that 814
is designed for off-road use and is not required to have a motor 815
vehicle privilege license unless operated on roads under Section 816
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ST: Recreational off-highway vehicles;
authorize operation on county roads subject to
certain requirements and cap tag fees for.
63-31-3. As used in this chapter, the term "all-terrain vehicle" 817
includes utility task vehicles (UTVs), also known as 818
side-by-sides, but does not include electric bicycles. 819
SECTION 9. This act shall take effect and be in force from 820
and after July 1, 2026. 821