reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › GENERAL PROVISIONS (§§ 77-7-1 — 77-7-25) › Section 77-7-9 - Qualifications upon definition of "common carrier by motor vehicle" and "contract carrier by motor vehicle."

The term "common carrier by motor vehicle," as defined in subsection (e) of Section
77-7-7
, and the term "contract carrier by motor vehicle," as defined in subsection (f) of Section
77-7-7
, shall not include:
(a)
Motor vehicles employed to transport school children and teachers; motor vehicles transporting people where not more than seven (7) passengers are carried; motor vehicles used for transporting workers to and from any factory, railroad shop, mill or agricultural enterprise located in this state; and motor vehicles used in vanpooling as the term is defined in subsection (m) of Section
77-7-7
.
(b)
Trolley buses operated by electric power derived from fixed overhead wire, furnishing local passenger transportation similar to street railway service.
(c)
Motor vehicles engaged exclusively in hauling for the Mississippi Department of Transportation, or for any county, city or town in this state.
(d)
Motor vehicles engaged in the transportation of passengers and household goods wholly within a municipality, except when the transportation is under a common control, management or arrangement for a continuous carriage or shipment to or from a point without the municipality, municipalities or zone.
(e)
Motor vehicles operated by a bona fide regularly licensed merchant, manufacturer or dealer in this state transporting merchandise or other commodities owned by the merchant, manufacturer or dealer in his or her own motor vehicle.
(f)
Buses. Motor vehicles owned or chartered by all schools and colleges, religious or charitable associations or institutions, or governmental agencies, when used to convey their athletic teams, orchestras, or other scholastic, religious or charitable organizations or employees on temporary trips through or in this state, and motor vehicles transporting students on guided tours through or in this state. This exemption shall not be construed to apply to motor vehicles or buses transporting persons that operate on a fixed schedule through this state for compensation or for hire.
Any person, who by lease or otherwise permits the use of a motor vehicle or vehicles by others, and who furnishes in connection therewith a driver or drivers, either directly or indirectly, or in any manner whatsoever exercises any control, or assumes any responsibility over the operation of the vehicle or vehicles, other than furnishing necessary maintenance during the period of the lease or other device, shall be deemed a "common carrier by motor vehicle," or "contract carrier by motor vehicle" or "restricted motor carrier."
Codes, 1942, §§ 7635, 7679; Laws, 1938, ch. 142; Laws, 1948, ch. 270, § 1; Laws, 1958, ch. 505, § 1; Laws, 1960, ch. 406, § 3; Laws, 1980, ch. 343, § 2; Laws, 1993, ch 561, § 1; Laws, 1995, ch. 338, § 2, eff. 3/10/1995.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › GENERAL PROVISIONS (§§ 77-7-1 — 77-7-25) › Section 77-7-11 - Obedience to chapter required

No motor carrier shall operate any motor vehicle for the transportation of passengers or property for compensation on any highway in this state, except in accordance with the provisions of this chapter, and every such motor carrier is hereby declared to be subject to control, supervision and regulation by the commission for permitting purposes and by the department, through the division, for enforcement purposes. Nothing in this chapter shall confer any proprietary or property rights in the use of the public highways.
Codes, 1942, § 7636; Laws, 1938, ch. 142.
Amended by Laws, 2021, ch. 478, SB 2825,§ 4, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › GENERAL PROVISIONS (§§ 77-7-1 — 77-7-25) › Section 77-7-15 - Rules and regulations concerning certificates of public convenience and necessity, permits, performance bonds, insurance, fees, identification plates, rates and charges by commission; rules and regulations, concerning enforcement of chapter by department, through division

The commission shall prescribe, issue, amend and rescind such reasonable rules and regulations as may be reasonably necessary or appropriate to carry out the provisions of this chapter concerning certificates of public convenience and necessity, permits, performance bond, insurance, statutorily prescribed fees, identification plates and trip permits, and carrier duties, service, rates and charges; however, the prescription, issuance, amendment and rescission of reasonable rules and regulations concerning the enforcement of the provisions of this chapter on the roads, streets and highways of this state shall fall under the jurisdiction of the department, through the division, and shall not be subject to this section.
No rule or regulation shall be effective until thirty (30) days after copies of the proposed rule or regulation have been mailed to intrastate motor carriers affected thereby and until a notice, setting forth the terms or substance thereof and the time and place of a hearing thereon, has been published in a newspaper or newspapers of general circulation in the state and filed with the Secretary of State pursuant to the Mississippi Administrative Procedures Law. Such hearing may be held at any time after twenty (20) days following the date of publication of such notice, but such rules or regulations shall not become effective until a hearing thereon. The commission may make its initial set of rules and regulations effective at the end of such thirty-day period, subject to review thereof. All rules and regulations of the commission shall be filed with its secretary and shall be readily available for public inspection and examination during reasonable business hours. Any interested person shall have the right to petition the commission for issuance, amendment or repeal of a rule or regulation.
Codes, 1942, § 7637; Laws, 1938, ch. 142; Laws, 1968, ch. 466; Laws, 1992, ch. 440, § 1, eff. 5/4/1992.
Amended by Laws, 2021, ch. 478, SB 2825,§ 6, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › GENERAL PROVISIONS (§§ 77-7-1 — 77-7-25) › Section 77-7-17 - Prohibited interests of members or employees of commission or department

No member of the commission or the department, and no employee of the commission or the department appointed or employed in the administration of this chapter, shall in any manner have pecuniary interest in, own any securities of, or hold any position with any motor carrier.
Codes, 1942, § 7638; Laws, 1938, ch. 142; Laws, 1993, ch 561, § 3, eff. 10/1/1993.
Amended by Laws, 2021, ch. 478, SB 2825,§ 8, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › GENERAL PROVISIONS (§§ 77-7-1 — 77-7-25) › Section 77-7-19 - [Repealed]

Repealed by Laws, 1993, ch. 561, § 22, eff. 10/1/1993.
Codes, 1942, § 7669; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › GENERAL PROVISIONS (§§ 77-7-1 — 77-7-25) › Section 77-7-21 - Engagement in intrastate operation by restricted motor carriers

No restricted motor carrier not exempted in this chapter shall engage in intrastate operation on any highway within the state unless such carrier is in compliance with the requirements of the laws and regulations of the commission and the department.
Laws, 1995, ch. 338, § 19, eff. 3/10/1995.
Amended by Laws, 2021, ch. 478, SB 2825,§ 9, eff. 7/1/2021.
Amended by Laws, 2018, ch. 332, SB 2213,§ 2, eff. 3/8/2018.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › GENERAL PROVISIONS (§§ 77-7-1 — 77-7-25) › Section 77-7-23 - Promulgation of regulations governing restricted motor carriers

The commission shall promulgate rules, regulations and procedures for the regulation of minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization, safety of operations and appointment of agents of service of process for restricted motor carriers.
Laws, 1995, ch. 338, § 19, eff. 3/10/1995.
Amended by Laws, 2018, ch. 332, SB 2213,§ 3, eff. 3/8/2018.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › GENERAL PROVISIONS (§§ 77-7-1 — 77-7-25) › Section 77-7-25 - Exemption of certain commercial motor vehicles from federal regulations; exceptions

Notwithstanding the provisions of this chapter to the contrary, Parts 390 through 397, Title 49, Code of Federal Regulations, shall not apply to commercial motor vehicles operated in intrastate commerce to transport property which have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand (26,000) pounds or less. The exception provided by this section shall not apply to vehicles transporting hazardous materials required to be placarded, or to vehicles designed to transport sixteen (16) or more passengers, including the driver, as defined in Title 49 of the Code of Federal Regulations.
Laws, 2007, ch. 304, § 3, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-41 - Certificates of public convenience and necessity required

No common carrier by motor vehicle not exempted in this chapter shall engage in intrastate operation on any highway within the state unless there is in force with respect to such carrier, a certificate of public convenience and necessity issued by the commission authorizing such operation. Any certificates of public convenience and necessity issued by the commission prior to March 8, 2018, are hereby ratified and adopted as valid and enforceable just as if they had been issued after March 8, 2018.
All certificates of public convenience and necessity issued under this chapter shall be exempt from ad valorem taxation.
Codes, 1942, §§ 7639, 7663; Laws, 1938, ch. 142; Laws, 1995, ch. 338, § 4, eff. 3/10/1995.
Amended by Laws, 2018, ch. 332, SB 2213,§ 4, eff. 3/8/2018.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-43 - Application for certificate

Applications for a certificate shall be made in writing, shall be verified under oath, shall be in the form and shall contain the information as the commission may require.
Codes, 1942, § 7640; Laws, 1938, ch. 142; Laws, 1993, ch 561, § 4, eff. 10/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-45 - Hearing on application for certificate; disposition

(1)
Upon the filing of an application for a certificate of public convenience and necessity the commission shall notify the applicant and other parties known to have a substantial interest in the application of the time and place for a public hearing, not less than twenty (20) days prior thereto, and shall hear and determine the application within a reasonable length of time. In determining whether the certificate shall be granted, the commission shall, among other things, give due consideration to the present transportation facilities over the proposed route of the applicant, the volume of traffic over the route, the financial condition of the applicant, and the condition of the highway over the proposed route, or routes.
(2)
If the commission shall find the proposed operation justified, and that the applicant is fit, willing and able to perform properly the services proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission, it shall issue a certificate to the applicant, subject to terms, limitations and restrictions as the commission may deem proper, authorizing in whole or in part the operations covered by the application. If the commission shall find the proposed operation not justified, the application shall be denied.
(3)
Notwithstanding any provision of this section to the contrary, the certificate as applied for may be granted without a hearing in uncontested cases; however, the commission may hear any uncontested case if it determines that the public interest will be served thereby.
Codes, 1942, §§ 7641, 7642; Laws, 1938, ch. 142; Laws, 1948, ch. 327, § 13; Laws, 1987, ch. 309, § 1; Laws, 1993, ch 561, § 5, eff. 10/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-47 - Temporary certificates

If the commission should decide that an emergency exists at any time, said commission is hereby authorized and empowered to issue a temporary certificate of convenience and necessity or temporary contract carrier permit to fit applicants, and the State Tax Commission is hereby authorized to collect inspection fees and issue temporary identification credentials to any owner or operator to whom a temporary certificate of convenience and necessity or a temporary contract carrier permit has been issued by the Public Service Commission. The State Tax Commission is also hereby authorized to issue to holders of temporary certificates of convenience and necessity or temporary contract carrier permits the necessary road and bridge privilege license tax temporary permits in the same manner as temporary or seasonal permits are now issued under the provisions of Chapter 19 of Title 27, Mississippi Code of 1972. No temporary certificate of convenience and necessity or contract carrier permit shall be issued by the commission for a period of time less than one (1) month or longer than six (6) months. Reissue of such certificate or permit is hereby authorized if, in the opinion of the commission, such is justified.
Codes, 1942, § 7641; Laws, 1938, ch. 142; Laws, 1948, ch. 327, § 13; Laws, 1987, ch. 309, § 2, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-49 - Permits required

No contract carrier by motor vehicle, not exempted in this chapter, shall engage in intrastate operation on any highway within the state unless there is in force with respect to such carrier a permit issued by the commission, authorizing such operation.
All permits issued under this chapter shall be exempt from ad valorem taxation.
Codes, 1942, §§ 7648, 7663; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-51 - Application for permit; disposition

(1)
Applications for permits shall be made to the commission in writing, shall be verified under oath, shall be in the form and contain the information as the commission may by regulation require. A permit shall be issued to any qualified applicant therefor authorizing in whole or in part, the operations covered by the application, if it appears from the applications or from any hearing held thereon, that the applicant is fit, willing, and able to perform properly the service of a contract carrier by motor vehicle, and to conform to the provisions of this chapter and the lawful requirements, rules and regulations of the commission thereunder, and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest and the policy declared in Section
77-7-3
; otherwise, the application shall be denied.
(2)
The commission shall specify in the permit the business of the contract carrier covered thereby, and the scope thereof, and shall attach to it, at the time of issuance, and from time to time thereafter, reasonable terms, conditions and limitations consistent with the character of the holder as a contract carrier that are necessary to carry out, with respect to the operations of the carrier, the requirements established by the commission under authority of this chapter. However, no terms, conditions or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his, or her or its equipment or facilities, within the scope of permit, as the development of the business and the demands of the public may require.
(3)
Notwithstanding any provision of this section to the contrary, the certificate as applied for may be granted without a hearing in uncontested cases; however, the commission may hear any uncontested case if it determines that the public interest will be served thereby.
Codes, 1942, § 7649; Laws, 1938, ch. 142; Laws, 1993, ch 561, § 6, eff. 10/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-53 - Permit, certificate of convenience and necessity, or other authority for interstate carriers; receipts

(1)
It is unlawful for any motor carrier to use any of the public highways of this state for the transportation of persons or property, or both, in interstate commerce, without first having obtained a certificate of convenience and necessity, permit or other authority from the Interstate Commerce Commission and having obtained from the carrier's single registration state a receipt showing that the registration fees for the State of Mississippi have been paid.
(2)
Interstate motor carriers shall be held subject to rules and regulations as the commission may legally prescribe; however, it is not intended to give the commission any right or power to impose upon or exact from any applicant any general revenue tax of any nature.
(3)
All interstate receipts issued under this chapter shall be exempt from ad valorem taxation.
Codes, 1942, §§ 7663, 7674; Laws, 1938, ch. 142; Laws, 1987, ch. 309, § 3; Laws, 1993, ch 561, § 7, eff. 10/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-55 - Fees for certificates and permits

Upon the filing of an application for a certificate of convenience and necessity, the applicant shall deposit with the commission as a fee, the sum of Fifty Dollars ($50.00), and for the transfer, sale, assignment or lease of such certificate, the sum of Fifty Dollars ($50.00), and for the issuance of a duplicate certificate, the sum of Two Dollars ($2.00).
Upon the filing of an application for a permit as a contract carrier, the applicant shall deposit with the commission as a fee for the issuance thereof, the sum of Fifty Dollars ($50.00), and for the issuance of a duplicate permit, the sum of Two Dollars ($2.00).
All of the fees provided for by this section shall be paid by the commission into the State Treasury to be there placed in the special fund designated by the commission. The fees herein provided for respecting applications for certificates, permits and for the approval of sale, transfer, lease or assignment may not be returned to an applicant after the application has been processed.
Codes, 1942, § 7676; Laws, 1938, ch. 142; Laws, 1987, ch. 309, § 4; Laws, 1993, ch 561, § 8, eff. 10/1/1993.
Amended by Laws, 2018, ch. 332, SB 2213,§ 5, eff. 3/8/2018.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-57 - [Repealed]

Repealed by Laws, 1995, ch. 338, § 21, eff. 3/10/1995.
Codes, 1942, § 7650; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-59 - Amendment, suspension and revocation of certificates and permits

Certificates and permits shall be effective from the date specified therein, and shall remain in effect until terminated as herein provided.
Any such certificate or permit may, upon application of the holder thereof, in the discretion of the commission, be amended or revoked, in whole or in part. Any such certificate or permit may, upon complaint or upon the commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for wilful failure to comply with any provision of this chapter, or with any lawful order, rule, or regulation of the commission promulgated thereunder, or with any term, condition, or limitation of such certificate or permit. However, no such certificate or permit shall be revoked (except upon application of the holder) unless the holder thereof wilfully fails to comply, within a reasonable time, not more than ninety (90) days, to be fixed by the commission, with a lawful order of the commission, made as provided herein, commanding obedience to the provisions of this chapter, or to the lawful order, rule, or regulation of the commission thereunder, or to the term, condition, or limitation of such certificate or permit, found by the commission to have been violated by such holder.
Codes, 1942, § 7651; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PERMITS; INTERSTATE PERMITS (§§ 77-7-41 — 77-7-61) › Section 77-7-61 - Sale or transfer of certificates and permits

(1)
It shall be lawful, under the conditions specified below, for motor carriers to sell, assign, lease or transfer certificates or permits issued to them under the provisions of this chapter.
Whenever a purchase, lease, assignment or transfer is proposed under this section, the carrier or carriers or the person seeking authority therefor shall present an application to the commission in the form that may be prescribed by the commission, and thereupon the commission shall notify the applicant or applicants and other parties known to have a substantial interest in the proceedings of the time and place for a public hearing should the purchase, lease, assignment or transfer be protested or the commission otherwise requires one, not less than twenty (20) days prior thereto. If, after the hearing, the commission finds that the transaction proposed is in good faith, that the proposed assignee, lessee, purchaser or transferee is fit and able properly to perform the transportation services authorized by such certificate or permit and to comply with the rules, regulations and requirements of the commission, and that the transaction is otherwise consistent with the public interest, it may enter an order approving and authorizing sale, lease, assignment or transfer upon terms and conditions as it shall find to be just and reasonable and with modifications as it may prescribe.
It shall be unlawful for any person, except as provided in this section, to accomplish or effectuate, or to participate in the accomplishing and effectuating, the sale, lease, assignment or transfer of a certificate or permit, however the result is attained.
(2)
The commission is hereby authorized, upon complaint or upon its own initiative, to investigate and determine whether any person is violating the provisions of the preceding paragraph of this section.
(3)
Notwithstanding any provision of this section to the contrary, the certificates as applied for may be granted without a hearing in uncontested cases; however, the commission may hear any uncontested case if it determines that the public interest will be served thereby.
Codes, 1942, § 7652; Laws, 1938, ch. 142; Laws, 1987, ch. 309, § 5; Laws, 1993, ch 561, § 9, eff. 10/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › PERFORMANCE BOND; INSURANCE (§§ 77-7-81 — 77-7-93) › Section 77-7-81 - [Repealed]

Repealed by Laws, 1987, ch 309, § 6, eff. 7/1/1987.
Codes, 1942, § 7653; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › PERFORMANCE BOND; INSURANCE (§§ 77-7-81 — 77-7-93) › Section 77-7-83 - Insurance required of certificate holders

Each holder of a certificate authorizing operation as a common carrier by motor vehicle, or the holder of a contract permit issued by the commission, shall keep in force at all times an insurance policy or a certificate of insurance in lieu thereof, issued by some insurance company or association or other insurer authorized to transact business in this state, or bond or bonds, to be approved by the commission, in an amount required by the commission, conditioned to pay any final judgment against the carrier for personal injuries or property damage resulting from or arising out of the use, maintenance or operation of the motor vehicles of such carrier and suffered by any member of the public or by the state or any of its political subdivisions. The amount of the insurance policy or bond required by the commission under this section shall in no case be less than the insurance requirements of the United States Department of Transportation as set out in 49 CFR part 387.
Codes, 1942, § 7654; Laws, 1938, ch. 142; Laws, 1958, ch. 507; Laws, 1968, ch. 533, § 1; Laws, 1993, ch 561, § 10; Laws, 1995, ch. 338, § 5, eff. 3/10/1995.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › PERFORMANCE BOND; INSURANCE (§§ 77-7-81 — 77-7-93) › Section 77-7-85 - Insurance required of permit holders

Each holder of a permit as a contract carrier by motor vehicle issued by the commission shall keep on file with the commission an insurance policy or a certificate of insurance in lieu thereof, issued by some insurance company or association or other insurer authorized to transact business in this state, or bond or bonds, to be approved by the commission, conditioned to pay any final judgment against said contract carrier for personal injuries or property damage resulting from or arising out of the use, maintenance or operation of the motor vehicles of such carrier, and suffered by any member of the public or by the state or any of its political subdivisions. However, such carrier shall not be required to file a policy of insurance or bond conditioned to pay the judgments on claims of its passengers, or shippers or patrons. The minimum amount of such insurance policy or bond shall be as provided in Section
77-7-83
.
Codes, 1942, § 7654; Laws, 1938, ch. 142; Laws, 1958, ch. 507; Laws, 1968, ch. 533, § 1, eff. 7/8/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › PERFORMANCE BOND; INSURANCE (§§ 77-7-81 — 77-7-93) › Section 77-7-87 - Insurance required of interstate carriers

Each motor carrier holding certificates or permits from and operating under the authority of the Interstate Commerce Commission, in interstate business only, shall file and keep on file with the commission a policy or certificate of insurance, bond or certification of qualification as a self-insurer which complies with the Interstate Commerce Commission's requirements for the single state insurance registration program, conditioned to pay any final judgment against such interstate carrier for personal injury or property damage resulting from or arising out of the use, maintenance or operation of the motor vehicles of such interstate carrier, and suffered by any member of the public, or by the state or any of its subdivisions. However, no interstate carrier shall be required to file insurance or bond conditioned to pay the judgments on claims of its passengers, shippers, or patrons. The minimum amount of the insurance policy, certificate or bond shall be as provided in 49 CFR part 387.
Codes, 1942, § 7655; Laws, 1938, ch. 142; Laws, 1968, ch. 534; Laws, 1993, ch 561, § 11, eff. 10/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › PERFORMANCE BOND; INSURANCE (§§ 77-7-81 — 77-7-93) › Section 77-7-89 - Insurance policy or bond shall not be cancelled until notice is given to commission

The insurance policy or bond filed with the commission as required by this chapter, shall contain a provision or endorsement to the effect that the same shall not be cancelled for any cause by either party thereto unless and until ten (10) days' written notice thereof shall have been given to the commission.
Codes, 1942, § 7654; Laws, 1938, ch. 142; Laws, 1958, ch. 507; Laws, 1968, ch. 533, § 1, eff. 7/8/1968.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › PERFORMANCE BOND; INSURANCE (§§ 77-7-81 — 77-7-93) › Section 77-7-91 - Actions against motor carriers and sureties

In any action, whether in law or equity, against any motor carrier operating under the provisions of this chapter, whether such carrier is a common carrier, restricted motor carrier, contract carrier or an interstate carrier, the insurer, insurance company or obligor in the policy of insurance or bond given by such carrier in compliance with this chapter shall not be joined as a party to such suit and shall not be a proper party thereto except as hereinafter provided.
The insurer, insurance company or obligor, in any policy of insurance or bond filed in compliance with this chapter, shall be obligated to pay any final judgment obtained against any such carrier as provided in Sections
77-7-83
through
77-7-87
, regardless of the solvency, insolvency, bankruptcy or receivership of such carrier.
In the event the insured shall abandon his permit or certificate and leave the state, a claimant asserting a claim within the provisions of said bond or policy may file suit against the sureties executing such bond or company issuing such policy in a court of competent jurisdiction without the necessity of making the insured a party to the said suit.
Codes, 1942, § 7654; Laws, 1938, ch. 142; Laws, 1958, ch. 507; Laws, 1968, ch. 533, § 1; Laws, 1995, ch. 338, § 6, eff. 3/10/1995.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › PERFORMANCE BOND; INSURANCE (§§ 77-7-81 — 77-7-93) › Section 77-7-93 - Effect of failure to comply with performance bond and insurance requirements

The failure of any holder of a certificate or permit issued by and under the authority of the commission, to comply with any of the requirements of Section
77-7-83
shall be cause for the revocation or suspension of the certificate or permit, or for the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or both. Failure of any holder of a certificate or permit issued by and under the authority of the Interstate Commerce Commission, to keep on file with the commission the insurance or other security provided by Section
77-7-87
, shall be cause for prohibition of the use by the certificate or permit holder of any highway in this state, and shall be cause for the imposition of a fine not to exceed One Thousand Dollars ($1,000.00).
Codes, 1942, § 7655; Laws, 1938, ch. 142; Laws, 1968, ch. 534; Laws, 1987, ch. 309, § 7; Laws, 1993, ch 561, § 12, eff. 10/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-111 - [Repealed]

Repealed by Laws, 1991, ch. 405, § 2, eff. 3/20/1991.
Codes, 1942, § 7677; Laws, 1938, ch. 142; 1942, ch. 272; 1946, ch. 352, § 1; 1948, ch. 327, § 1; 1960, ch. 406, § 2; 1980, ch. 420.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-113 - [Repealed]

Repealed by Laws, 1993, ch. 561, § 23, eff. 10/1/1993.
Codes, 1942, § 7677-03; Laws, 1948, ch. 327, § 4.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-115 - When and to whom inspection fees are to be paid

On or before January 1 of each year, or prior to commencement of business, every holder of a certificate of convenience and necessity or permit or interstate authority issued by the U.S. Department of Transportation upon whom the fee is levied by Section
77-7-119
, shall pay to the commission of this state an amount equal to the fees imposed in the section for each vehicle operated within this state.
Codes, 1942, § 7677-01; Laws, 1948, ch. 327, § 2; Laws, 1977, ch. 368; Laws, 1980, ch. 510; Laws, 1993, ch 561, § 13, eff. 10/1/1993.
Amended by Laws, 2018, ch. 332, SB 2213,§ 6, eff. 3/8/2018.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-117 - State to have lien on vehicles for payment of inspection fees

A lien shall exist upon all property of any motor carrier subject to this chapter, who uses the highways of this state, and upon which fees shall be properly payable, for the payment of fees imposed by Section
77-7-119
, together with all penalties accruing under this chapter. The lien shall be paramount to all other liens, except federal, state, county and municipal taxes.
Codes, 1942, § 7677-02; Laws, 1948, ch. 327, § 3; Laws, 1993, ch 561, § 14, eff. 10/1/1993.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-119 - Registration receipts; fees; promulgation of rules and regulations by commission

(1)
It shall be unlawful for any holder of a certificate of public convenience and necessity or permit, issued in accordance with this chapter, to operate over the highways of this state unless there shall be accompanying each vehicle so operated a receipt which shall have been procured from the commission as herein required. The receipts shall bear necessary numbers and identification markings which, in the opinion of the commission, are necessary to carry out the provisions of this section. The receipts required hereby shall be obtained by each operator liable therefor for each vehicle used in the conduct of his business in this state. The commission shall collect a fee of Ten Dollars ($10.00) for each receipt issued by the commission, and the Ten Dollar ($10.00) fee shall not be prorated monthly.
(2)
It shall be unlawful for any holder of authority from the U.S. Department of Transportation to operate over the highways of this state unless such carrier has paid a fee of Ten Dollars ($10.00) for each vehicle operated in or through the State of Mississippi pursuant to the U.S. Department of Transportation's single-state insurance registration.
(3)
The commission is authorized to promulgate all rules and regulations necessary to enable this state to participate in the single-state insurance registration system for motor carriers authorized by Section 4005 of the Intermodal Surface Transportation Efficiency Act of 1991, P.L. No. 102-240, 105 Stat. 1914 (1991), codified at
49 U.S.C.A. Section 11506
(West Supp. 1992), and by applicable rules and regulations of the U.S. Department of Transportation and any amendments thereto.
Codes, 1942, § 7673; Laws, 1938, ch. 142; Laws, 1948, ch. 327, § 5; Laws, 1960, ch. 406, § 1; Laws, 1991, ch. 405, § 1; Laws, 1993, ch 561, § 15, eff. 10/1/1993.
Amended by Laws, 2018, ch. 332, SB 2213,§ 7, eff. 3/8/2018.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-121 - [Repealed]

Repealed by Laws, 1987, ch 309, § 8, eff. 7/1/1987.
Codes, 1942, § 7673; Laws, 1938, ch. 142; 1948, ch. 327, § 5; 1960, ch. 406, § 1.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-123 - [Repealed]

Repealed by Laws, 1993, ch. 561, § 26, eff. 10/1/1993.
Codes, 1942, § 7673-01; Laws, 1948, ch. 327, § 6.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-125 - Commission has sole authority to issue registration receipts

The commission shall have the sole and complete power and authority to issue registration receipts to owners and operators required to have the receipts.
Codes, 1942, § 7673-02; Laws, 1948, ch. 327, § 9; Laws, 1987, ch. 309, § 9; Laws, 1993, ch 561, § 16, eff. 10/1/1993.
Amended by Laws, 2018, ch. 332, SB 2213,§ 8, eff. 3/8/2018.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-127 - Disposition of funds collected by commission under this chapter; funding of agency expenses; deposit of monies into State General Fund

All funds collected by the commission under the provisions of this chapter shall be deposited in the State Treasury to the credit of the commission's regulation fund for use by the commission for the administration of the laws of this state relative to the inspection, control and supervision of the business, service or accounts of motor carriers subject to this chapter.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Codes, 1942, § 7694-01; Laws, 1948, ch. 327, § 7; Laws, 1952, ch. 330, § 7; Laws, 1987, ch. 309, § 10; Laws, 1987, ch. 343, § 8; Laws, 1993, ch 561, § 17, eff. 10/1/1993.
Amended by Laws, 2021, ch. 478, SB 2825,§ 10, eff. 7/1/2021.
Amended by Laws, 2018, ch. 332, SB 2213,§ 9, eff. 3/8/2018.
Amended by Laws, 2016, ch. 459, SB 2362, 58, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-151 - Duties of common carriers of household goods by motor vehicle as to service and rates

It shall be the duty of every common carrier of household goods by motor vehicle to provide safe and adequate service, equipment and facilities for the transportation of household goods.
Codes, 1942, § 7657; Laws, 1938, ch. 142; Laws, 1995, ch. 338, § 7; Laws, 2004, ch. 501, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › INSPECTION FEES; IDENTIFICATION PLATES; IDENTIFICATION TRIP PERMITS (§§ 77-7-111 — 77-7-153) › Section 77-7-153 - Discrimination by common carriers prohibited

It shall be unlawful for any common carrier by motor vehicle, the rates of which are subject to regulation under the provisions of this chapter, to make, give or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality or description of traffic in any respect whatsoever, or to subject any particular persons, port, gateway, locality or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever. However, this section shall not be construed to apply to discriminations, prejudice or disadvantage to the traffic of any other carrier of whatever description.
Codes, 1942, § 7659; Laws, 1938, ch. 142; Laws, 1995, ch. 338, § 8; Laws, 2004, ch. 501, § 3, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › SERVICE (§§ 77-7-171 — 77-7-187) › Section 77-7-171 - [Repealed]

Repealed by Laws, 1993, ch. 561, § 24, eff. 10/1/1993.
Codes, 1942, § 7670; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › SERVICE (§§ 77-7-171 — 77-7-187) › Section 77-7-173 - Changes in schedules by common carriers

Common carriers by motor vehicle, the rates of which are subject to regulation under the provisions of this chapter, shall, before making a change in their schedules, give proper notice to the commission of such proposed change. The operation under such changed schedule shall thereafter be lawful unless otherwise ordered by the commission upon objection of an interested party or the commission itself.
Codes, 1942, § 7646; Laws, 1938, ch. 142; Laws, 1995, ch. 338, § 9; Laws, 2004, ch. 501, § 4, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › SERVICE (§§ 77-7-171 — 77-7-187) › Section 77-7-175 - Operation of special or chartered parties by common carriers

Any common carrier by motor vehicle transporting passengers under a certificate issued by the commission may operate to any place special or chartered parties under such reasonable rules and regulations as the commission may prescribe.
Codes, 1942, § 7645; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › SERVICE (§§ 77-7-171 — 77-7-187) › Section 77-7-177 - Deviations from routes by common carriers

A common carrier by motor vehicle, operating under a certificate issued by the commission, may occasionally deviate from the route over which it is authorized to operate under the certificate, under such general or special rules and regulations as the commission may prescribe.
Codes, 1942, § 7643; Laws, 1938, ch. 142; Laws, 1995, ch. 338, § 10, eff. 3/10/1995.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › SERVICE (§§ 77-7-171 — 77-7-187) › Section 77-7-179 - [Repealed]

Repealed by Laws, 1995, ch. 338, § 22, eff. 3/10/1995.
Codes, 1942, § 7644; Laws, 1938, ch. 142; 1958, ch. 508.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › SERVICE (§§ 77-7-171 — 77-7-187) › Section 77-7-181 - Accident reports

It shall be the duty of the manager, agent or other proper officer of every motor carrier doing business or operating in this state to present to the commission such report or reports as may be required by it, under oath, of all accidents resulting in injury to persons, equipment, highway or property of any kind, under such rules and regulations as may be prescribed by the commission.
Codes, 1942, § 7671; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › SERVICE (§§ 77-7-171 — 77-7-187) › Section 77-7-183 - [Repealed]

Repealed by Laws, 1993, ch. 561, § 25, eff. 10/1/1993.
Codes, 1942, § 7672; Laws, 1938, ch. 142.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 7 - MOTOR CARRIERS (§§ 77-7-1 — 77-7-345) › SERVICE (§§ 77-7-171 — 77-7-187) › Section 77-7-185 - Commission may require establishment of passenger stations

After notice and hearing, and an opportunity to be heard by the carrier or carriers affected, the commission may require the establishment of passenger stations at cities and towns where such establishment is shown to be justified by the reasonable public needs. The commission shall give due consideration to the volume of traffic handled by the carrier or carriers to be affected, to and from the city or town where a station is proposed to be located, and the amount of revenue derived therefrom and the cost and expense of establishing and maintaining such station and the effect which the establishment of such station and the maintenance thereof will have upon the ability of the affected carrier or carriers to continue to perform their public service.
Codes, 1942, § 7672; Laws, 1938, ch. 142; Laws, 1995, ch. 338, § 11, eff. 3/10/1995.