As Amended
SEC. 63-1-9. Persons prohibited from obtaining license; issuance of restricted use licenses to persons fifteen years of age.
(1) No license shall be issued pursuant to this article:
(a) To any person under the age of sixteen (16) years except as provided in subsection (2) of this section.
(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 and/or territory of the United States or the District of Columbia, and such 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, in the opinion of the commissioner or other person authorized to grant an operator's license, 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 have their car provided with mechanical devices whereby they are 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 who is under the age of seventeen (17) years to drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, or to drive any motor vehicle while in use as a public or common carrier of persons or property.
(f) 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.
(g) To any unmarried 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 education development certificate issued to the person in this state or any other state, or documentation that the person:
(i) Is enrolled and making satisfactory progress in a course leading to a general education 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.
(h) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.
(2) Upon meeting all other state requirements for licensure, a minor who is a resident of this state and who is fifteen (15) years of age may apply for and be issued a driver's license if:
(a) He presents to the Department of Public Safety, at the time of application, documentation satisfactory to the Commissioner of Public Safety that the minor resides with a physically impaired parent whose physical impairment prevents the parent from securing a driver's license; or
(b) He presents to the Department of Public Safety, at the time of application, on a form prepared by and approved by the Commissioner of Public Safety, an affidavit signed by a parent or guardian of the minor and by the employer of the minor, with each signature being witnessed and acknowledged by a notary public or other person authorized under the laws of this state to administer oaths, stating that the minor is gainfully employed and, in order to avoid a severe hardship, needs to be authorized to drive a vehicle in order to retain his employment.
(3) A driver's license issued under paragraph (2)(b) of this section shall be restricted for use between the hours of 6:00 a.m. and 10:00 p.m. It shall be unlawful for any minor who is issued a driver's license under paragraph (2)(b) of this section to operate a motor vehicle between the hours of 10:00 p.m. and 6:00 a.m.
SOURCES: Codes, 1942, Sec. 8093; Laws, 1938, ch. 143; 1985, ch. 376, Sec. 7; 1994, ch. 588, Sec. 1; 1995, ch. 540, Sec. 2; 1996, ch. 527, Sec. 1, eff from and after July 2, 1996