CODE MISSISSIPPI 1972 Annotated Ports, Harbors, Landings and Watercraft .Aviation. '< :-\. \ Motor Vehicles and Traffic Regulations hi!:,:. M'j if] fi:^ TABLE OF CONTENTS VOLUME 13A TITLE 59 PORTS, HARBORS, LANDING AND WATERCRAFT CHAP BEGINNING SECTION 1 . Harbor or Port Commissions; Powers of Political Subdivisions; Pilotage 59-1-1 3. Ports of Entry 59-3-1 5. State Ports and Harbors 59-5-1 6. Compact for Development of Deep Draft Harbor and Terminal 59-6-1 7. County and Municipal Harbors 59-7-1 9. County Port Authority or Development Commission .... 59-9-1 1 1 . County Port and Harbor Commission 59-1 1-1 13. Harbor Improvements by Coast Counties 59-13-1 15. Small Craft Harbors 59-15-1 17. State Inland Ports 59-17-1 19. Landings 59-19-1 21. Boats and Other Vessels 59-21-1 23. Alcohol Boating Safety Act 59-23-1 25. Certificates of Title for Boats and Other Vessels 59-25-1 . . . TITLE 61 AVIATION 1. Transportation Commission 61-1-1 3. Airport Authorities 61-3-1 4. Mississippi Wayport Authorities Act 61-4-1 5. Acquisition, Disposition and Support of Airport Facilities 61-5-1 7. Airport Zoning 61-7-1 9. Incorporation of Airport Into Corporate Boundaries of Municipalities 61-9-1 11. Operation of Aircraft; Certification and Licensing of Pilots and Aircraft 61-1 1-1 13. Aircraft for Use of Governor, State Departments and Agencies 61-13-1 .. 15. Registration of Aircraft 61-15-1 17. Concealing or Misrepresenting Aircraft Identification Number; Non-conforming Aircraft Fuel Containers. 61-17-1 . . TITLE 63 MOTOR VEHICLES AND TRAFFIC REGULATIONS 1 Driver's License 63-1-1 2. Mandatory Use of Safety Seat Belts 63-2-1 3. Traffic Regulations and Rules of the Road 63-3-1 5. Size, Weight and Load 63-5-1 7. Equipment and Identification 63-7-1 9. Traffic Violations Procedure 63-9-1 10. Nonresident Traffic Violator Compact 63-10-1 1 1 Implied Consent Law 63-1 1-1 13. Inspection of Motor Vehicles 63-13-1 — 15. Motor Vehicle Safety Responsibility 63-15-1 17. Manufacture, Sales and Distribution 63-17-1 19. Motor Vehicle Sales Finance Law 63-19-1 21. Motor Vehicle Titles 63-21-1 23. Abandoned Motor Vehicles 63-23-1 25. Motor Vehicle Crop Shop, Stolen and Altered Property Act 63-25-1 27. Disclosure of Use of Nonoriginal Replacement Parts 63-27-1 . . Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmscode197213a CODE MISSISSIPPI 1972 ANNOTATED ADOPTEDAS THE OFFICIALCODE OFTHE STATE OFMISSISSIPPI BYTHE 1972 SESSION OFTHE LEGISLATURE VOLUME THIRTEEN A PORTS, HARBORS, LANDINGS AND WATERCRAFT AVIATION MOTOR VEHICLES AND TRAFFIC REGULATIONS §§ 59-1-1 to 63-27-7 CONTAININGPERMANENTPUBLIC STATUTES OF MISSISSIPPI TO THE END OF THE 2004 REGULAR SESSIONAND 1STAND 2ND EXTRAORDINARYLEGISLATIVE SESSIONS LexisNexis QUESTIONSABOUT THIS PUBLICATION? 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Box 7587, Charlottesville, VA22906-7587 www.lexisnexis.com (Pub.44510) PREFACE The Mississippi Code of 1972, which became effective on November 1, 1973, is the culmination of nearly four years of effort on the part of the Legislature, the Attorney General's office and the publishers, which brings together provisions ofgeneral statutory law having a common subject matter into a more orderly and logical framework of code titles and chapters, and employing a modern and effective section numbering system. A major by- product ofthe code revision will be the state-owned magnetic computer tape containingthe Mississippi Code of1972, whichwillbe ofinvaluable assistance to the Legislature and to the state. The enabling act for the code was a recommendation of the Mississippi StateBar, whichresultedinthe consideration andpassage ofSenate Bill 1964, Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams. The Code Committee provided for in that act was comprised of A. F. Summer, Attorney General, Heber Ladner, Secretary ofState, Representative Edgar J. Stephens, Jr., Chairman, HouseAppropriations Committee, Senator William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre- sentative H. L. Meredith, Jr., Chairman, HouseJudiciary"A"andJudiciaryen banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and Judiciary en banc Committees, Representative Ney McKinley Gore, Jr., Chairman, HouseJudiciary"B"Committee, andSenatorWilliamE.Alexander, Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby Robert Penton and SenatorHerman B. Decell, Chairman ofHouse and Senate Judiciary "B" Committees, respectively, became members of the Committee, replacingRepresentative Gore and Senator Collins, SenatorAlexanderhaving been appointed Chairman of Senate Judiciary "A" and Judiciary en banc Committees. The DeputyAttorney General, Delos H. Burks, served the Code Committee as Secretary. SpecialAssistantAttorneyGeneral FredJ. Lotterhos, under the supervision of the Attorney General, was assigned the principal responsibility for the supervision ofthe recodification, including the consider- ation and treatment ofsome 16,000 sections ofcode manuscript. Final legislative approval was given to the Mississippi Code of 1972 by passage of Senate Bill 2034, Laws of 1972, which was signed by Governor William L. Waller on April 26, 1972. Acopy ofthat act is set out in Volume 1, following the Publisher's Foreword. The Code Committee is of the opinion that the recodification has been thoroughly and well accomplished, and will result in a greatly improved repository ofthe general statutory law ofthe state. A. F. Summer Attorney General hi PUBLISHER'S FOREWORD This 2004 Replacement Volume 13A of the Mississippi Code of 1972 Annotated represents material appearing in both the original 1973 bound volume and the 1996 Replacement Volume 13A, as well as reflecting amend- ments, repeals, and new Code provisions enacted by the Mississippi Legisla- ture through the 2004 Regular and 1st and 2nd Extraordinary Legislative Sessions. ThisvolumecontainsthefulltextofTitles 59through 63 oftheMississippi Code of 1972 Annotated, as amended through the 2004 Regular and 1st and 2nd Extraordinary Legislative Sessions. Case annotations are included based on decisions ofthe state and federal courts in cases arising in Mississippi. Many ofthese cases were decided under the former statutes in effect prior to the enactment ofthe Code of1972. These earlier cases have been moved to pertinent sections of the Code where they may be useful in interpreting the current statutes. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sourcesthatarereadtocreate annotationsforthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. Aconsequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthemostrecent cases annotatedmaynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court and the Court ofAppeals with decision dates up to May 1, 2004, and decisions ofthe appropriate federal courts with decision dates up to April 25, 2004. These cases will be printed in the following reporters: Southern Reporter, 2nd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 5th Series: through 117 A.L.R.5th American Law Reports, Federal Series: through 192 A.L.R.Fed Mississippi College Law Review: through 20 Miss. Coll. L.R. 211 Mississippi Law Journal: through Volume 72 Miss. L.J. 1029 Finally, published Opinions of the Attorney General and opinions ofthe Ethics Commission have been examined for annotations. A comprehensive Index appears at the end ofthis volume. Publisher's Foreword Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company informa- tion. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, P.O. Box 7587, Charlottesville, VA 22906-7587. September 2004 LexisNexis VI