Louisiana 2010 Regular Session

Louisiana House Bill HB1425 Latest Draft

Bill / Introduced Version

                            HLS 10RS-2858	ORIGINAL
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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
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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
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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)