Miss. Code § 63-1-9

Current through the 2024 Regular Session
Section 63-1-9 - [Effective 7/1/2024] Persons prohibited from obtaining license; issuance of learner's permits and driver's licenses
(1) No driver's license or learner's permit shall be issued pursuant to this article:
(a) To any person under the age of eighteen (18) years except as provided in this article.
(b) To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state or territory of the United States or the District of Columbia, if the revocation or suspension period has not expired.
(c) To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs.
(d) To any person who would not be able by reason of physical or mental disability to operate a motor vehicle on the highways with safety. However, persons who have one (1) arm or leg, or have arms or legs deformed, and are driving a car provided with mechanical devices whereby the person is able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator's license the same as other persons. Moreover, deafness shall not be a bar to obtaining a license.
(e) To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency.
(f) To any person under the age of eighteen (18) years who does not at the time of application present a diploma or other certificate of high school graduation or a general educational development certificate issued to the person in this state or any other state; or on whose behalf documentation has not been received by the Department of Public Safety from that person or a school official verifying that the person:
(i) Is enrolled and making satisfactory progress in a course leading to a general educational development certificate;
(ii) Is enrolled in school in this state or any other state;
(iii) Is enrolled in a "nonpublic school," as such term is defined in Section 37-13-91(2)(i); or
(iv) Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10.
(g) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.
(h) Beginning on July 1, 2027, to any person who has not previously obtained a driver's license unless that person has successfully completed a Driver Education and Training Program certified by the State Board of Education or the Department of Public Safety; provided, however, a person under the age of eighteen (18) shall be able to receive a learner's permit as otherwise provided in this article.
(2) All permits and licenses issued to an individual under the age of eighteen (18) shall be issued as follows:
(a) A learner's permit may be issued to any person who is at least fifteen (15) years of age who otherwise meets the requirements of this article.
(b) A driver's license may be issued to any person who is at least sixteen (16) years of age who otherwise meets the requirements of this article and who has held a learner's permit for at least one (1) year without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the one-year requirement for the holding of a learner's permit before an applicant can qualify for a driver's license.
(c) An applicant for a driver's license who was unable to make timely application for a learner's permit may have the period in which he or she was eligible but unable to apply due to a hardship credited toward the one-year requirement for the holding of a learner's permit. The Department of Public Safety shall set forth the criteria for which a hardship exception may be granted, at the discretion of the department, to any individual who has completed a Driver Education and Training Program certified by the Board of Education or the Department of Public Safety.
(d) An applicant for a Mississippi driver's license who, at the time of application, is at least sixteen (16) years of age and who has held a valid motor vehicle driver's license issued by another state for at least six (6) months shall not be required to hold a learner's permit before being issued a driver's license.
(e) In addition to the restrictions set forth in Section 63-1-21(3), the commissioner may establish rules, regulations and restrictions for the operation of a motor vehicle during the first twelve (12) months that an individual under the age of eighteen (18) possesses a license.
(f) Beginning July 1, 2026, the Department of Public Safety shall establish a Driver Education and Training Program to be taught throughout the state and made available for home school students and adults who have not otherwise taken a driver's education course. Upon completion of the course, each participant shall be issued a Certificate of Completion, and a record of the certificate shall be delivered to the Mississippi Driver Service Bureau.
(3) The commissioner shall ensure that the learner's permit and driver's license issued under this article are clear, distinct and easily distinguishable from one another.

Miss. Code § 63-1-9

Codes, 1942, § 8093; Laws, 1938, ch. 143; Laws, 1985, ch. 376, § 7; Laws, 1994, ch. 588, § 1; Laws, 1995, ch. 540, § 2; Laws, 1996, ch. 527, § 1; Laws, 2000, ch. 624, § 2; Laws, 2009, ch. 488, § 1, eff. 7/1/2009.
Amended by Laws, 2024, ch. 505, SB 2695,§ 6, eff. 7/1/2024.
Amended by Laws, 2021, ch. 464, SB 2598,§ 2, eff. 4/16/2021.
Amended by Laws, 2021, ch. 414, HB 550,§ 3, eff. 4/5/2021.
Amended by Laws, 2020, ch. 471, SB 3052,§ 1, eff. 7/1/2020.
Amended by Laws, 2014, ch. 424, SB 2794, 19, eff. 10/1/2014.
This section is set out more than once due to postponed, multiple, or conflicting amendments.