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Regular Session, 2010
SENATE BILL NO. 480
BY SENATOR RISER
MOTOR VEHICLES. Authorizes DPSC to revoke "H" or "X" hazardous materials
endorsements on a commercial driver's license for a person convicted or adjudicated for
reckless handling on a second or subsequent violation. (8/15/10)
AN ACT1
To amend and reenact R.S. 32:1518(A) and to enact R.S. 32:1518(C), relative to hazardous2
materials transportation and motor carrier safety; to provide relative to revocation of3
hazardous materials endorsements on a commercial driver's license; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:1518(A) is hereby amended and reenacted and R.S. 32:1518(C)7
is hereby enacted to read as follows: 8
ยง1518. Reckless handling of hazardous material9
A. No person shall offer or accept for transportation, load or unload, or10
transport a hazardous waste or hazardous material as defined in R.S. 32:1502, in a11
criminally negligent or reckless manner that endangers or could endanger human12
life or health.13
* * *14
C.(1) The department may revoke the "H"- hazardous materials15
endorsement issued pursuant to the provisions of R.S. 32:408(B)(3)(d) or the16
"X"- combination tank vehicle and hazardous materials endorsement issued17 SB NO. 480
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pursuant to the provisions of R.S. 32:408(B)(3)(e), or both, on the commercial1
driver's license of any person upon a final judgment of conviction or assessment2
of a civil penalty for a second or subsequent violation of this Section, if the3
material transported when the violation occurred met the definition of an4
extremely hazardous substance (EHS), as defined in R.S. 30:2363(5).5
(2) The department may consider any prior final judgment of conviction6
or assessment of civil penalty under this Section to determine whether or not to7
revoke an "H" or "X" endorsement on a commercial driver's license.8
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Riley Boudreaux.
DIGEST
Riser (SB 480)
Present law prohibits a person from offering or accepting for transportation, load or unload,
or transport, a hazardous waste or hazardous material defined in R.S. 32:1502, in a manner
that endangers or could endanger human life or health.
Present law provides that any person who willfully violates this Section shall, upon
conviction, be guilty of a felony and be fined or imprisoned pursuant to R.S. 32:1514(B) or
may be subject to a civil penalty pursuant to R.S. 32:1512(A).
Proposed law changes present law to require transportation of hazardous waste or hazardous
material in a criminally negligent or reckless manner that could endanger.
Proposed law authorizes the DPS&C to revoke "H"- hazardous material or "X"-combination
tank vehicle and hazardous materials endorsement, or both, on a commercial driver's license
of any person upon conviction or assessment of civil penalty for a second or subsequent
offense for reckless handling of hazardous materials where the material transported meets
the definition of extremely hazardous substance(EHS), as defined in R.S. 30:2363(5).
Proposed law authorizes the DPS&C to consider any prior final judgment of conviction or
assessment of civil penalty in determining whether or not to revoke such "H" or "X"
endorsements on commercial driver's license.
Effective August 15, 2010.
(Amends R.S. 32:1518(A); adds R.S. 32:1518(C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill.
1. Changes R.S. 32:1518(A) to require transportation of hazardous waste or
hazardous material in a criminally negligent or reckless manner that could
endanger human life or health in order for a violation to occur. SB NO. 480
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
2. Authorizes DPS&C to consider any prior final judgment of conviction or
assessment of civil penalty for a violation of reckless handling of hazardous
material to determine whether or not to revoke "H" or "X" endorsements on
commercial driver's license.