HLS 10RS-1340 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. 474
BY REPRESENTATIVE THIBAUT
MOTOR CARRIERS: Prohibits use of radar detectors in commercial motor vehicles
AN ACT1
To enact R.S. 32:378.4, relative to commercial motor vehicles; to prohibit the use or2
possession of radar detectors in commercial motor vehicles; to provide for3
definitions; to provide for penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:378.4 is hereby enacted to read as follows: 6
ยง378.4. Radar detectors; use or possession in commercial motor vehicles7
A. It shall be unlawful for the operator of a commercial motor vehicle, while8
the vehicle is operated on a public highway or right-of-way, to possess a radar9
detector in the passenger area of a commercial motor vehicle or to operate a10
commercial motor vehicle that is equipped with or contains any radar detector.11
B. For purposes of this Section, the following words have the following12
meanings ascribed to them:13
(1) "Commercial motor vehicle" means a motor vehicle or combination of14
motor vehicles used in commerce to transport passengers or property, if the motor15
vehicle meets any of the following conditions:16
(a) Has a gross combination weight rating of twenty-six thousand one17
(26,001) or more pounds inclusive of a towed unit with a gross vehicle weight rating18
of more than ten thousand (10,000) pounds.19 HLS 10RS-1340 ORIGINAL
HB NO. 474
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are additions.
(b) Has a gross vehicle weight rating of twenty-six thousand one (26,001) or1
more pounds.2
(c) Is designed to transport sixteen (16) or more passengers, including the3
driver.4
(d) Is of any size and is used in the transportation of materials found to be5
hazardous under the provisions of the Hazardous Materials Transportation Act which6
requires the motor vehicle to bear a placard under the provision of the Hazardous7
Materials Regulations (CFR 49 Part 172, Subpart F). This shall not include8
hazardous materials used in agricultural movements as defined in this Chapter.9
(2) "Passenger area" means the area designed to seat the driver and10
passengers while the motor vehicle is in operation and any area that is readily11
accessible to the driver or a passenger while in their seating positions, including the12
glove compartment. It shall not mean a locked glove compartment, behind the last13
upright seat, or any area not normally occupied by the driver or a passenger in a14
motor vehicle that is not equipped with a trunk.15
(3) "Public highway or right-of-way" means the entire width between and16
immediately adjacent to the boundary lines of publicly maintained highways or roads17
when any part thereof is open to the use of the public.18
(4) "Radar detector" means any device or mechanism to detect the emission19
of radio microwaves, laser beams, or any other speed measurement technology20
employed by enforcement personnel to measure the speed of commercial motor21
vehicles upon public highways or right-of-ways for enforcement purposes.22
C. Whoever violates the provisions of this Section shall be fined not more23
than one hundred dollars. Court costs shall be assessed in addition to the fine24
authorized by this Section.25 HLS 10RS-1340 ORIGINAL
HB NO. 474
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Thibaut HB No. 474
Abstract: Prohibits driver of a commercial motor vehicle, while the vehicle is operated on
a public highway or right-of-way, from possessing a radar detector in the passenger
area of a commercial motor vehicle or from operating a commercial motor vehicle
that is equipped with or contains any radar detector.
Proposed law prohibits driver of a commercial motor vehicle, while the vehicle is operated
on a public highway or right-of-way, from possessing a radar detector in the passenger area
of a commercial motor vehicle or operating a commercial motor vehicle that is equipped
with or contains any radar detector.
Proposed law defines "commercial motor vehicle", "passenger area", "public highway or
right-of-way", and "radar detector".
Proposed law provides for fine of $100, plus court costs.
(Adds R.S. 32:378.4)