HLS 10RS-2858 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 1425 BY REPRESENTATIVE MONICA MTR VEHICLE/TRAILERS: Requires safety devices on trailers connected to motor vehicles AN ACT1 To enact R.S. 32:384.1, relative to trailers; to require a "safety device" to be connected to2 a trailer when attached to a motor vehicle for purposes of towing ; to define a "safety3 device"; to provide for penalties; to provide for a certain purchase date; to provide4 for rules and regulations; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 32:384.1 is hereby enacted to read as follows:7 ยง384.1. Trailers; safety device; penalties8 A. For purposes of this Section, a "safety device" is any locking mechanism9 that locks a trailer hitch into place between the trailer and ball hitch of the motor10 vehicle towing the trailer.11 B. A person commits the crime of towing a trailer without a safety device,12 if the person operates a motor vehicle that is towing a trailer not equipped with a13 safety device approved by the Department of Public Safety and Corrections that will14 prevent the trailer from becoming unhitched while in transport.15 C. The safety device shall provide strength, security of attachment, and16 directional stability equal to or greater than that provided by safety chains.17 D. The safety device shall prevent the detachment of the trailer from the18 towing vehicle and should the regular coupling device fastening the trailer to the19 towing vehicle break, fail, or otherwise become disconnected.20 HLS 10RS-2858 ORIGINAL HB NO. 1425 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. E. The safety device shall be designed, constructed, and installed to ensure1 that the coupling device does not drop to the ground if the coupling device breaks,2 fails, or otherwise become disconnected.3 F. A violation of this Section shall be punishable by a fine of not more than4 one hundred dollars or imprisonment of not more than three months.5 G. Nothing in this Section shall be construed as excepting commercial motor6 vehicles subject to Title 49 of the Code of Federal Regulation, Part 393, Subpart F,7 Coupling Devices and Towing Methods, from complying with the provisions8 contained herein.9 H, The secretary of the Department of Public Safety and Correction shall10 adopt rules and regulations in accordance with the Administrative Procedure Act to11 implement and enforce the provisions of this Section.12 Section 2. Any trailer sold in the state of Louisiana after January 1, 2012, shall have13 a safety device required by this Act.14 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Monica HB No. 1425 Abstract: Requires safety devices on trailers connected to motor vehicles. Provides for penalties and authorizes the secretary of Dept. of Public Safety and Corrections to implement and enforce rules and regulations in accordance with the Administrative Procedure Act relative to safety devices on trailers. Proposed law defines "safety device" as any locking mechanism that locks a trailer hitch into place between the trailer and ball hitch of the motor vehicle towing the trailer. Proposed law provides that a person commits the crime of towing a trailer without a safety device if the person operates a motor vehicle that is towing a trailer not equipped with a safety device approved by DPS&C that will prevent the trailer from becoming unhitched while in transport. Proposed law provides that the safety device shall provide strength, security of attachment, and directional stability equal to or greater than that provided by safety chains. Proposed law provides that the safety device shall prevent the detachment of the trailer from the towing vehicle and should the regular coupling device fastening the trailer to the towing vehicle break, fail, or otherwise become disconnected. HLS 10RS-2858 ORIGINAL HB NO. 1425 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law further provides that the safety device shall be designed, constructed, and installed to ensure that the coupling device does not drop to the ground if the coupling device breaks, fails, or otherwise become disconnected. Proposed law provides that a violation under proposed law shall be punishable by a fine of not more than one hundred dollars or imprisonment of not more than three months. Proposed law provides that nothing in these provisions of law shall be construed as excepting commercial motor vehicles subject to Title 49 of the Code of Federal Regulation, Part 393, Subpart F, Coupling Devices and Towing Methods, from complying with the provisions contained herein. Provides that the secretary of DPS&C shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement and enforce the provisions of proposed law. (Adds R.S. 32:384.1)