MS HB1001

Creates and defines the Appeals Board of the Mississippi Transportation Commission to hear grievances regarding excess weight penalties for commercial vehicles assessed by the Mississippi Department of Transportation or Commercial Transportation Enforcement Division.

Appeals board consists of five qualified members appointed by the Governor, Lieutenant Governor, Attorney General, State Tax Commission Chairman, and Commissioner of Public Safety for staggered four-year terms, subject to Senate advice and consent.

Aggrieved parties must file written appeals within 30 days of penalty assessment; the appeals board may require full payment, reduce the penalty, or dismiss it entirely based on the facts and applicable guidelines.

Harvest permit holders can have penalties dismissed if they prove by clear and convincing evidence their average load over the previous five haul days did not exceed 80,000 pounds, or reduced to maximum 2 cents per pound of overweight if average load did not exceed 88,000 pounds gross vehicle weight.

Effective July 1, 2023; modifies weight tolerance standards for harvest permit holders from 84,000 pounds to 88,000 pounds (10% gross vehicle weight tolerance) for penalty reduction eligibility.