Johnson, 042277 MSAGO, 1977-0030

• Case Date: April 22, 1977
• Court: Mississippi

Representative John E. Johnson No. 1977-0030 Mississippi Attorney General Opinions April 22, 1977          Representative John E. Johnson          907 10th Avenue North          Amory, Mississippi 38821          Dear Representative Johnson:          Attorney General Summer has received your opinion request and has assigned it to the undersigned for research and reply.

In your letter you state as follows: “I am writing this for an opinion on our state (windshield) inspection sticker law. I desire to know if there has been any amendments to the law providing for the legality of a Constable, City Policeman and / or Sheriff's Department to write tickets on a Federal or State Highway with regards to our windshield (inspection) sticker. Are we under the correct assumption that only Mississippi Highway Patrolmen may write tickets to those in violation of our inspection sticker laws? “I have a client who pulls cars from the Northern States, brings them here, and wholesales them through the auction at Baldwyn, Mississippi. I am interested in knowing if he is required by law to have inspection stickers on the cars when in route to the auction, both on the pulling vehicle and the second vehicle being pulled.”

         We are more than happy to look into this subject you present and to respond thereto. However, we must mention that, in that you state that this information is desired in answer to a question relating to one of your clients, this cannot under the provisions of Section 7-5-25, Mississippi Code of 1972, be considered an official opinion of the Attorney General in that any reliance by your client upon the information contained herein would not suffice to relieve any liability for so acting thereunder. We have researched the question and do hope that this shall be of assistance to you.          With respect to your first question, it is the opinion of this office that the enforcement of the Mississippi Inspection Law is within the exclusive province of the Mississippi Highway Safety Patrol.          House Bill No. 274, Chapter 317, Laws of 1977, approved February 25, 1977, amending Section 63-13-21, Mississippi Code of 1972, provides for the enforcement of the inspection law exclusively and solely within the jurisdiction of the Mississippi Highway Safety Patrol. The purpose and intent of House Bill No. 274 is clear in the title in which it providesTo Amend Section 63-13-21, Mississippi Code of 1972, To Provide That Enforcement Of The Act Be Placed...