JURISDICTION: MISSISSIPPI

This chapter summarizes Mississippi State statutes related to speed.

General Reference: Mississippi Code Annotated

Basis for a Speed Law Violation:

Basic Speed Rule: See Careless Driving.

Statutory Speed Limit: 70 MPH for private passenger vehicles or passenger buses on Interstate

See Other below. highways or on U.S. designated highways with 4 or more lanes. §63-3-501 (¶3)

65 MPH for private passenger vehicles or passenger buses on other highways. §63-3-501 (¶2)

60 MPH for trucks or truck-trailers on highways with 4 or more lanes §63-3-501 (¶1)

55 MPH for trucks or truck-trailers on other highways §63-3-501 (¶1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Highway Commission may decrease the above maximum speed limits. §63-3-503 (¶1) Note: Except as noted under Other below, Mississippi law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Based on engineering and traffic investigations, local governments may decrease the maximum speed limits on streets or highways under their jurisdictions. However, no posted speed limit shall be <15 MPH §63-3-511 (¶1)

III. Based on engineering and traffic investigations, local governments may adopt speed limits on limited portions of highways that are near schools or churches. The local government may provided that these special limits shall only be in effect during certain days or times. §63-3-515

Minimum Speed Limit:

Posted (Minimum) Speed Limit: 30 MPH on Federal designated highway when no hazard exists §63-3-509(1)

40 MPH on Interstate highways on 4 lane U.S. designated highways which have a posted maximum speed limit of 70 MPH §63-3-509(2)

Other: I. A school bus shall not be operated at a speed >45 MPH while transporting children to and from school on regular routes. However, such bus may be operated at not >50 MPH on authorized school trips. §37-41-47

II. During inclement weather or when visibility is bad, a truck or truck-trailer cannot be operated >45 MPH. §63-3-505

III. The State Highway Commission may establish safe maximum speed limits for bridges or elevated structures. §63-3-513

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §§37-41-47 & 63-9-11(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): 1st offense-Not more than 10 days 2nd offense within 1 year-Not more than 20 days Subsequent offense within 1 year-Not more than 6 months §63-9-11(2)

Special Note: If the offender only exceeded the posted speed limit (§63-3-503 (¶1)) but did not exceed the maximum speed limit (§63-3-501), the incarceration term is only half of that noted above. §63-3-503 (¶3)

Operating a School Bus in Excess of either 45 or 50 MPH-None §37-41-47

Mandatory Minimum Term: None

Fine:

Amount ($ Range): 1st offense-Not more than $100 2nd offense within 1 year-Not more than $200 Subsequent offense within 1 year-Not more than $500 §63-9-11(2)

Special Note: If the offender only exceeded the posted speed limit (§63-3-503 (¶1)) but did not exceed the maximum speed limit (§63-3-501), the fine is only half of the amount noted above. §63-3-503 (¶3)

Operating a School Bus in Excess of either 45 or 50 MPH-$25 to $100 §37-41-47

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension⁽¹⁾ §63-1-53(2)(d)

Term of License Withdrawal

(Days, Months, Years, etc.): Note: The law does not specify either a minimum or maximum suspension period.

Mandatory Minimum Term of

Withdrawal: None

Miscellaneous Sanctions

Not Included Elsewhere: I. For speed law violations in Title 63, there is, in addition to any fine, a mandatory State assessment of $23. §99-19-73(1) & (3)

II. For other misdemeanor offenses, there is a mandatory State assessment of $47. §99-19-73(5) & (7)

Other Criminal Actions Related to Speeding:

Reckless Driving: Misdemeanor §§63-3-1201 & 63-9-11(1)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-None Subsequent offense-Not more than 10 days §63-3-1201

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$5 to $100 Subsequent offense-Not more than $500 §63-3-1201

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension⁽²⁾ §63-1-53(2)(c) 3 or more offenses within 12 months-Revocation §63-1-51(1)(e)

Length of Term of License

Withdrawal Action: Suspension-Note: The law does not specify either a minimum or maximum suspension period. Revocation-1 year §63-1-51(1)

Mandatory Term of License

Withdrawal Action: Suspension-None Revocation-1 year §63-1-51(1) The revocation action appears to be mandatory.

Other: In addition to any fine, there is a mandatory State assessment of $23. §99-19-73(1) & (7)

Careless Driving: Misdemeanor⁽³⁾ §§63-3-1213 & 63-9-11(1)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): $5 to $50

Mandatory Minimum Fine:

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension² §63-1-53(2)(c)

Length of Term of License

Withdrawal Action: Note: The law does not specify either a minimum or maximum suspension period.

Other Criminal Actions Related to Speeding:

(continued)

Mandatory Term of License

Withdrawal Action: None

Other: In addition to any fine, there is a mandatory State assessment of $23. §99-19-73(1) & (7)

Commercial Motor Vehicle (CMV) Operators⁽⁴⁾:

Grounds for Suspension of CDL: A person's CDL is suspended if while driving a CMV they either (1) commit 2 "serious traffic violations"⁽⁵⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §63-1-83(4)

Period of CDL Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §63-1-83(4)

Period of Mandatory CDL Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §63-1-83(4)

1. ¹The licensing agency has the discretionary authority to suspend a person's license if they have "been convicted with such frequency of serious offenses against traffic regulations governing the movement of traffic as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways." §63-1-51(2)(d)

2. ²The licensing agency has the discretionary authority to suspend a person's license if they have are "an habitually or negligent" driver. §63-1-51(2)(c)

3. ³"Careless driving" is defined as operating "any vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances." §63-3-1213

4. ⁴A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §63-1-75(f)

5. ⁵A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §63-1-75(t)