PROVISIONAL DRIVER'S LICENSE

Provisional License

PROVISIONAL DRIVER’S LICENSE

 

Mississippi Legislative Regular Session 2021, House Bill 551 provides authorization for the Mississippi Department of Public Safety (MDPS) to provide a Provisional Driver's License to eligible inmates upon release from state incarceration. The MDPS requires applicants to submit an application, a photograph, and a discharge certificate from the Mississippi Department of Corrections (MDOC) displaying the release date.  

This license is valid for six (6) months from the date of the inmate’s release. The “release from incarceration” means release from a Mississippi Department of Correction’s facility or an MDOC approved residential program. The license is only valid in the State of Mississippi. This is only a regular driver’s license and shall not apply to any type of commercial operator's license.

A Provisional Driver's License is available to inmates whose Mississippi driver's license has been suspended, revoked, or cancelled. The only exceptions that will not permit them to be granted a Provisional Driver’s License are the following: 

  1. The person was convicted of vehicular homicide, or a third or subsequent violation of any other law that prohibits operating a vehicle while intoxicated or under the influence of alcohol or drugs; or
  2. A person's driver's license has been suspended, revoked or cancelled pursuant to a report of conviction received pursuant to Article III of the Driver License Compact.
  3. A person who has never held a Mississippi driver’s license or is licensed with another state, is not eligible for a Provisional Driver’s License. 

A provisional license shall permit the provisional licensee to drive a motor vehicle directly to and from his or her residence and: 

  1. A place where he or she is employed or will potentially be employed; 
  2. A place where the licensee attends school; 
  3. A place where the licensee's minor child attends school or day care, provided that there are no separate laws prohibiting such travel;
  4. A scheduled meeting with the licensee's probation or parole officer or other supervisor; 
  5. Any place, location or meeting that the licensee's probation or parole officer has authorized the person to travel to or attend; or
  6. A place of religious instruction or worship. 

The purpose of the Provisional Driver’s License is to allow the person to clear his or her driving record of any suspensions, revocations or cancellations in order to be eligible for a driver's license issued under Section 63-1-9. The Provisional Driver’s License shall be provided free of charge to all eligible persons.

It is critical that Law Enforcement Agencies understand that they will be unable to run a query on the Provisional Driver's License. Even if the individuals Mississippi driver's license is suspended, expired, revoked, or cancelled, the mere possession of a Provisional Driver's License entitles them to drive legally within the State of Mississippi. The driver must be in possession of the Provisional Driver’s license when operating a motor vehicle. When the Provisional Driver's License expires, it becomes null and void.

Mississippi Department of Public Safety (MDPS) may revoke the provisional license if the licensee commits an act or omission that causes the community supervision or parole of the holder of the provisional license to be revoked. The provisional licensee's probation or parole officer shall notify the Driver Service Bureau (DSB) Record’s Division if the supervision or parole status has been revoked. The court shall also notify the DSB if the licensee is charged with a new felony or any moving traffic violation. If MDPS revokes a provisional license issued pursuant to this section, the holder shall not be entitled to receive another provisional license.

For more information contact Kimberly Hollins at 601-487- 7030.