J. Johnson - March 18, 2026 - Use of Blue Lights for Oversize Load

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 March 18, 2026 The Honorable Jim H. Johnson Sheriff, Lee County 510 Commerce Street Tupelo, Mississippi 38804 Re: Use of Blue Lights for Oversize Load Dear Sheriff Johnson: The Office of the Attorney General has received your request for an official opinion. Question Presented Who may use blue lights and sirens to escort an oversize load traveling on a state highway? Brief Response Generally, “[o]nly police vehicles used for emergency work may be marked with blinking, oscillating or rotating blue lights to warn other vehicles to yield the right-of-way.” Miss. Code Ann. § 63-7-19. However, any individual meeting the requirements of Mississippi Code Annotated Section 63-5-49(6) may escort a superload vehicle. Applicable Law and Discussion To begin, pursuant to Section 7-5-25, official opinions of the Attorney General are limited to prospective questions of state law only. We can neither validate nor invalidate past action, and we are unable to interpret or opine upon agency rules, regulations, or manuals. Miss. Code Ann. § 7- 5-25. Additionally, questions must relate to the requestor’s respective office. Id. We note that your initial request regarded a constable’s jurisdiction to escort oversized loads outside of their elected county. For informational purposes, we refer you to MS AG Op., Ringer (Feb. 21, 2003), providing that “there is no authority for a constable to act in his official capacity outside the county from which he is elected.” Sheriff Jim Johnson March 18, 2026 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 You ask who may use blue lights and sirens to escort an oversize load traveling on a state highway.1 Generally, “[o]nly police vehicles used for emergency work may be marked with blinking, oscillating or rotating blue lights to warn other vehicles to yield the right-of-way.” Miss. Code Ann. § 63-7-19. Additionally, “[i]t is unlawful for any person, other than a law enforcement officer on duty, to use or display blue lights on a motor vehicle as provided for in Section 63-7-19.” Miss. Code Ann. § 63-7-20(1). Beyond this, Mississippi law does not address escorting oversize loads. However, Section 63-5- 49(6) addresses escorting superload vehicles, which are larger than oversize load vehicles, and provides: Any police officer, law enforcement officer of the Department of Public Safety or authorized enforcement officer of the Mississippi Department of Transportation shall be authorized to escort any vehicle designated as a superload vehicle pursuant to the regulations of the Mississippi Department of Transportation. The escort shall be performed in a marked law enforcement vehicle with operating blue lights.2 Accordingly, it is the opinion of this office that any individual meeting the requirements of Section 63-5-49(6) may escort a superload vehicle. Whether an individual is a “police officer, law enforcement officer of the Department of Public Safety or authorized enforcement officer of the Mississippi Department of Public Transportation” is a determination of fact that cannot be made by this office.3 See Miss. Code Ann. § 7-5-25. For additional questions regarding the escort of oversize loads, we recommend contacting the Mississippi Department of Transportation. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Maggie Kate Bobo Maggie Kate Bobo Special Assistant Attorney General 1 Pursuant to the Mississippi Department of Transportation’s Permit and Motor Carrier Division Manual, an oversize permit “must be purchased if the truck, trailer or load exceeds eight (8) feet six (6) inches in width, thirteen (13) feet six (6) inches in height, ninety-nine (99) feet in length or the trailer is longer than fifty-three (53) feet long.” MISSISSIPPI DEPARTMENT OF TRANSPORTATION, PERMIT AND MOTOR CARRIER DIVISION MANUAL (January 13, 2026). 2 “A Super Load is considered to be any vehicle that exceeds any of the following limits: 1. Overall Width of seventeen (17) feet. 2. Overall Length of one hundred twenty-one (121) feet. 3. Overall Height of fifteen (15) feet seven (7) inches. 4. Gross Weight of 189,999 pounds or greater.” MISSISSIPPI DEPARTMENT OF TRANSPORTATION, PERMIT AND MOTOR CARRIER DIVISION MANUAL (January 13, 2026). 3 For informational purposes, Section 63-3-119 sets forth that “‘police officer’ means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.”