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Regular Session, 2010
HOUSE BILL NO. 152
BY REPRESENTATIVE HARDY
MTR VEHICLE/DRIVER LIC: Provides for a five-year suspension of a driver's license if
driving while license is suspended
AN ACT1
To amend and reenact R.S. 32:415(B)(1) and 415.1(A)(1) and (C), relative to driver's license2
suspensions and revocations; to provide for extension of a driver's license suspension3
period after certain convictions; to provide for economic and medical hardship4
license application procedures; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:415(B)(1) and 415.1(A)(1) and (C) are hereby amended and7
reenacted to read as follows: 8
§415. Operating vehicle while license is suspended; offenses in other states; record9
of offenses given other states10
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B.(1)(a) Any period of suspension or revocation shall automatically be12
extended for a period of one year from the date the licensee would otherwise have13
been entitled to apply for a new license upon his conviction for any offense involving14
the operation of a motor vehicle committed during such period.15
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,16
any period of suspension or revocation shall automatically be extended for a period17
of two years from the date the licensee would otherwise have been entitled to apply18
for a new license upon his conviction under this Section, and an additional two years19
for each subsequent conviction under this Section.20 HLS 10RS-589 REENGROSSED
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(c) No driver shall use a license issued to him in another state or the privilege1
of a nonresident to drive a motor vehicle in this state, upon receiving notice of his2
conviction, or of the entry of a plea of guilty and sentence thereupon, or of the3
forfeiture of bail in another state of federal jurisdiction for any offense, which if4
committed in this state, would be grounds for suspension or revocation of the license.5
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§415.1. Economic and medical hardship appeal of driver's license suspension7
A.(1) Except as provided in R.S. 32:378.2(A), 414, and 415(B)(2), upon8
suspension, revocation, or cancellation of a person's driver's license for the first time9
only as provided for under R.S. 32:414 and 32:415, said person, after initial notice10
from the department, shall have the right for the first time only, to apply to the11
department for a restricted license. Upon the second suspension, revocation, or12
cancellation of a person's driving privileges under R.S. 32:415, the person shall after13
initial notice from the department, have the right to file a petition in the district court14
of the parish in which the applicant is domiciled alleging, for a restricted driver's15
license. There shall be no restricted driver's license issued upon a third or16
subsequent suspension, revocation, or cancellation of driving privileges under R.S.17
32:415. Such application or petition for a restricted license shall allege that18
revocation of his driving privileges will deprive him or his family of the necessities19
of life, will prevent him from earning a livelihood, or prevent him from obtaining20
proper medical treatment if disabled. The district court is vested with jurisdiction21
to set the matter for contradictory hearing in open court upon ten days written notice22
to the department, and thereupon to determine whether the allegations of hardship23
have merit. Upon determination by the department or the court that the lack of a24
license would deprive the person or his family of the necessities of life or prevent the25
licensee from obtaining proper medical treatment if disabled, the department may26
grant or the court may order that the person be granted, by the department, a27
restricted license to enable the person to continue to support his family or to obtain28
such medical treatment as provided for in this Section. The restrictions of said29 HLS 10RS-589 REENGROSSED
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license shall be determined by the department or the court and shall include the1
following:2
(a) Licensee shall be permitted to operate a motor vehicle only on such3
streets or watercraft on the waterways of the state as would enable him to earn his4
livelihood or for treatment of his debilitative condition as provided for in5
Subparagraph (e) of this Paragraph.6
(b) Such operation is restricted to such times during which he is involved in7
earning a livelihood or for treatment of his debilitative condition as provided for in8
Subparagraph (e) of this Paragraph.9
(c) During the period of suspension, licensee shall be responsible for10
applying to the court in the event that either earning his livelihood or treatment of his11
debilitative condition as provided for in Subparagraph (e) of this Paragraph12
necessitates a change in the original restrictions proposed by the department or the13
court.14
(d) Any other restrictions that the court determines to be necessary and15
proper.16
(e) If the licensee is disabled and such disability is a physical impairment17
that substantially limits one or more of the major life activities of the licensee, such18
licensee shall be permitted to operate a motor vehicle only on such streets and at19
such times as would enable him to obtain medical treatment for his debilitative20
condition.21
(f) In addition to any other restrictions determined necessary and proper by22
the department or the court, a license ordered issued and restricted under this Section23
must include the requirement of installation and maintenance of an ignition interlock24
device upon a motor vehicle to be used by the licensee during the course of the term25
of the restricted license, when the suspension of driving privileges arises from26
operating a vehicle under the influence of alcoholic beverages.27
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C. A violation of the restrictions or a subsequent conviction of any offense1
involving the operation of a motor vehicle or watercraft during the term of the2
restricted license shall result in the extension of the period of suspension, revocation,3
or cancellation for one year from the date upon which the licensee would otherwise4
have been able to apply for new license and shall also constitute contempt of court.5
Suspension, revocation, or cancellation that results from such a violation shall not6
be subject to appeal as set forth in this Section. Except as provided in R.S.7
32:378.2(B), restricted driving privileges for this Section may be allowed to a person8
only once twice.9
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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)]
Hardy HB No. 152
Abstract: Provides that a person's driver's license suspension, revocation, or cancellation
period shall be extended two years from the date of conviction of driving with a
suspended or revoked license with an additional two years added for each subsequent
suspension. Provides for procedures for obtaining a restricted driver's license.
Present law provides that a person's driver's license suspension period shall be extended for
one year from the date of conviction of driving with a suspended or revoked license.
Proposed law changes the present law for extending the suspension, revocation, or
cancellation period from one year to two years from the date of conviction of driving with
a suspended or revoked license and adds an additional two years for each subsequent
conviction under present law.
Present law provides that upon suspension, revocation, or cancellation of a person's driver's
license for the first time only under the provisions of present law, a person shall have the
right to file a petition in the district court of the parish in which the applicant is domiciled.
Proposed law changes present law to provide that upon suspension, revocation, or
cancellation of a driver's license for the first time only, a person shall apply to the
department for a restricted driver's license.
Proposed law requires that upon the second suspension, revocation, or cancellation of a
person's driver's license the person shall file a petition in the district court of the parish in
which the applicant is domiciled.
Proposed law prohibits issuance of a restricted driver's license for a third or subsequent
suspension, revocation, or cancellation of driving privileges. HLS 10RS-589 REENGROSSED
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Present law provides that the court shall make the determination on the restrictions of the
hardship license.
Proposed law retains present law except that it also allows the department to make the
determination on the restrictions of the hardship license.
(Amends R.S. 32:415(B)(1) and 415.1(A)(1) and (C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Changed the suspension period from five years to two years from the date of
conviction and adds an additional two years for each subsequent conviction.
2. Added a provision to allow a person to apply to DOTD for a restricted license
upon the first suspension, revocation, or cancellation of driving privileges.
3. Added a provision to require a person to file a petition in the district court of the
parish where the applicant is domiciled upon the second conviction.
4. Prohibited a person from applying for a restricted license for a third or
subsequent suspension, revocation, or cancellation of driving privileges.
5. Allowed the department to determine the restriction of the license.