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Regular Session, 2010
SENATE BILL NO. 571
BY SENATOR DONAHUE
STATE AGENCIES. Transfers enforcement of stationary weights and standards stations
from Department of Transportation and Development to Department of Public Safety and
Corrections. (7/1/10)
AN ACT1
To amend and reenact R.S. 32:1(1) and (93), 2, 3(A) and (C), 56(A), 388(A)(3) and (4),2
(B)(4)(a), (C)(3), (F) and (G), 389, and 392(A)(1), R.S. 36:409(C)(8), R.S.3
40:1379.8, R.S. 47:511.1(B), (C), (D) and (E), 511.2(C), 516(A) and (B)(2), 718(B)4
and (C), 812(C), and 818.53(B) and to repeal R.S. 32:1(93.1) and R.S. 36:408(B)(3),5
relative to weights and standards; to transfer the operation and maintenance of6
stationary weight enforcement scale locations from the Department of Transportation7
and Development to the Department of Public Safety and Corrections; to provide for8
authority of the Department of Transportation and Development; to provide for the9
authority of the Department of Public Safety and Corrections; to provide for10
definitions; to provide for penalties and payments; to provide for enforcement,11
payment, and collections procedures; to provide for administrative review; to provide12
for transition; to provide for effective date; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 32:1(1) and (93), 2, 3(A) and (C), 56(A), 388(A)(3) and (4),15
(B)(4)(a), (C)(3), (F) and (G), 389, and 392(A)(1) are hereby amended and reenacted to read16
as follows:17 SB NO. 571
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§1. Definitions1
When used in this Chapter, the following words and phrases have the2
meaning ascribed to them in this Section, unless the context clearly indicates a3
different meaning:4
(1) "Authorized emergency vehicle" means a vehicle of a fire department, a5
vehicle of the department's weights and standards police force, a police vehicle, a6
privately owned vehicle belonging to members of an organized volunteer fire7
department or fire district when so designated or authorized by the fire chief of that8
fire department or fire district, an industrial-owned vehicle assigned to members of9
a fire department or fire district when so designated or authorized by the fire chief10
of that fire department or fire district, a vehicle parked or stopped by elevator repair11
or construction personnel while responding to an elevator emergency, such12
ambulances and emergency medical response vehicles certified by the Department13
of Health and Hospitals that are operated by certified ambulance services, and14
emergency vehicles of municipal departments or public service corporations as are15
designated or authorized by the secretary of the Department of Transportation and16
Development or by the chief of police of any incorporated municipality. For17
purposes of this Section, elevator repair shall be limited to those elevators that move18
people.19
* * *20
(93) "Weights and standards mobile police officer" means an employee of the21
office of state police of the Department of Public Safety and Corrections with22
responsibilities and duties as provided by R.S. 40:1379.8.23
* * *24
§2. Authority of Department of Transportation and Development25
A. (1)The department, as an exercise of the police power of this state, shall26
supervise and regulate all traffic on all highways within the state highway system27
and shall have the authority in its discretion to supervise and regulate all traffic on28
all highways within this state; promulgate rules and regulations not inconsistent with29 SB NO. 571
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this Chapter and the general laws relative to highways and their construction,1
maintenance, and use, and the operation of vehicles and pedestrians thereon; and2
investigate the highways by utilizing surveys, traffic counts, etc., and effect methods3
and practices thereto, as in its judgment and experience it deems advisable.4
(2) Any regulation promulgated by the department pursuant to the authority5
granted by this Section or by any other provision of law shall become effective when6
filed with the clerks of court in the parishes in which such regulation is to be7
effective or upon the erection of signs on the affected highways giving notice8
thereof. All rules and regulations promulgated by the department relative to weight9
enforcement, payment and collection procedures, shall be adopted in accordance10
with the provisions of the Louisiana Administrative Procedure Act and Act No. 27911
of the 1976 Regular Session of the Louisiana Legislature. Such rules and regulations12
shall be referenced to the sections and/or subsections which they interpret or apply.13
B. The department shall enforce only the provisions of R.S. 32:380 through14
R.S. 32:389, both inclusive, and R.S. 47:718 and the provisions of Chapter 4 relating15
to trucks, trailers and semi-trailers and Part V of Chapter 7 of Subtitle II of Title 4716
of the Revised Statutes and the department's regulations adopted pursuant thereto on17
all highways within this state and shall exercise such other power and authority as18
is specifically set forth in this Chapter or other laws of this state.19
C.(1) The Weights and Standards Stationary Scales Inspection Police Force20
is hereby created within the department. It may enforce only the provisions of R.S.21
32:380 through R.S. 32:389; R.S. 47:718 and the provisions of Chapter 4 of Subtitle22
II of Title 47 relating to trucks, trailers and semitrailers; Part V of Chapter 7 of23
Subtitle II of Title 47; the provisions of R.S. 32:289; and the access laws and24
regulations relative to controlled access highways.25
(2) Members of the Weights and Standards Stationary Scales Inspection26
Police Force are authorized to carry weapons and to make arrests in the enforcement27
of these laws and regulations, and in that regard, shall have the same authority and28
powers conferred by law upon other law enforcement officers of this state; however,29 SB NO. 571
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no member of the Weights and Standards Stationary Scales Inspection Police Force1
shall be authorized to carry a weapon until the member has received P.O.S.T.2
certification training.3
D B. The Department of Transportation and Development shall have sole4
authority over the issuance of special permits as set forth in R.S. 32:387.5
E C. The secretary of the Department of Transportation and Development,6
through the office of the weights and standards police force, shall provide the7
personnel and equipment required to fully implement the provisions of R.S.8
32:390.23 as it relates to the assessment and collection of fees and taxes of this9
department.10
§3. Authority of Department of Public Safety and Corrections11
A. The Department of Public Safety and Corrections shall enforce the12
provisions of this Chapter and the commissioner's regulations adopted pursuant13
thereto on all highways of this state within its jurisdiction and shall exercise such14
other power and authority as is specifically set forth in this Chapter or other laws of15
this state. The Department of Public Safety and Corrections shall operate and16
maintain all stationary weight enforcement scale locations.17
* * *18
C. Members of the Weights and Standards Mobile Police Force are19
authorized to carry weapons and to make arrests in the enforcement of these laws and20
regulations, and in that regard, shall have the same authority and powers conferred21
by law upon other law enforcement officers of this state; however, no member of the22
Weights and Standards Mobile Police Force shall be authorized to carry a weapon23
until the member has received P.O.S.T. certification training.24
* * *25
§56. Obedience to police officers, weights and standards police officers, and traffic26
signs27
A. No person shall fail or refuse to comply with any lawful order or direction28
of any police officer or weights and standards police officer invested by law with29 SB NO. 571
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authority to direct, control, or regulate traffic.1
* * *2
§388. Penalties; payments3
A. * * *4
(3) Each vehicle that is required to stop at a department Department of5
Public Safety and Corrections stationary weight enforcement scale location and6
which fails to stop shall be assessed the following penalty:7
(a) Vehicles with a gross vehicle weight rating of less than twenty-six8
thousand pounds shall be fined one hundred dollars for failure to stop at the9
department a stationary weight scales scale. This fine shall be in addition to any10
other fines which may be assessed for other violations.11
(b) Vehicles with a gross vehicle weight rating of twenty-six thousand12
pounds or more shall be fined five hundred dollars for failure to stop at the13
department a stationary weight scales scale. This fine shall be in addition to any14
other fines which may be assessed for other violations.15
(4) Any vehicle which inadvertently bypasses the department a stationary16
weight scales and returns to the scales voluntarily without the assistance of law17
enforcement shall not be assessed any penalty for bypassing the scales scale.18
B. * * *19
(4)(a) Whoever owns any business entity engaged in the sale or shipment of20
construction aggregates requiring a weighmaster, not including asphalt, or transfer21
sales or shipment from rail, barge, or ship to wholesale stockpiles or inventories22
within a five-mile radius of the point where the shipment was transferred, who23
violates, or whose driver or contract driver violates any rule, regulation, directive,24
or requirement of the secretary adopted under R.S. 32:386 or violates R.S. 32:38625
shall also be assessed a separate penalty for each violation in accordance with the26
schedule set forth in Paragraph B(1). However, notwithstanding any other provision27
of this Chapter or any law to the contrary, any such business, or weighmaster thereof,28
who releases a vehicle that is within the maximum permissible gross weight29 SB NO. 571
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limitations for travel on a state highway shall not be assessed any penalty when said1
vehicle is found in violation of gross maximum weight limitations while traveling2
on any interstate highway. For purposes of enforcing this Paragraph, any weights and3
standards and state policeman having reason to believe that such owner is in4
violation of R.S. 32:386 is authorized to enter and go upon, without formal warrant,5
any vehicle, stand, place, building, or premises, for the purpose of inspecting only6
the shipping ticket or tickets issued in connection with the particular load found in7
violation of R.S. 32:386 by the Weights and Standards Police Department of Public8
Safety and Corrections in order to determine whether such sales at the origin of9
shipment contain the amounts represented and are offered for sale or sold in a10
manner in accordance with law. The discovery of an overweight vehicle after proper11
weighing shall constitute "reason to believe" for purposes of this Paragraph.12
* * *13
C. * * *14
(3) Nothing contained in this Subsection shall authorize the department15
Department of Public Safety and Corrections to assess any penalty provided for16
herein for both the failure to possess a required special permit and for operating a17
vehicle in violation of R.S. 32:386 when arising out of the same activity, and to this18
extent the penalties provided for in this Subsection shall not be cumulative in nature.19
* * *20
F. Payments for penalties imposed by the Department of Transportation and21
Development and the Department of Public Safety and Corrections shall be remitted22
to the Transportation Trust Fund. However, any payments for citations for weight23
limit violations on parish roads in a parish shall be paid to the public works24
department of said parish.25
G.(1) All of such penalties collected by the secretary and the commissioner26
shall be paid into the state treasury on or before the twenty-fifth day of each month27
following their collection and, in accordance with Article VII, Section 9 of the28
Constitution of Louisiana, shall be credited to the Bond Security and Redemption29 SB NO. 571
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Fund. However, after a sufficient amount of the penalties collected by the secretary1
and the commissioner is allocated from the fund to pay all obligations secured by the2
full faith and credit of the state within any fiscal year, the treasurer shall pay an3
amount equal to the fees paid into the Bond Security and Redemption Fund pursuant4
to this Paragraph into the Transportation Trust Fund created under Article VII,5
Section 27 of the Constitution of Louisiana.6
(2) The department Department of Public Safety and Corrections shall7
keep a set of books showing from whom every dollar is paid and for what purpose.8
It also shall keep in its file vouchers or receipts for all monies paid out.9
§389. Weights and standards police Department of Public Safety and10
Corrections; enforcement procedure; payment and collection11
procedures; administrative review12
A. The weights and standards police force and the Department of Public13
Safety and Corrections state police shall have concurrent authority to enforce the14
provisions of R.S. 32:380 through 388.15
B. Any weights and standards police officer having reason to believe that any16
vehicle or combination of vehicles exceeds or is in violation of the provisions of R.S.17
32:380 through R.S. 32:386 or the terms and conditions of a special permit issued18
under R.S. 32:387 or regulations of the department or secretary adopted pursuant to19
this Part is authorized to stop such vehicle or combination of vehicles and to inspect,20
measure, or weigh such vehicle, either by means of portable or stationary scales, or21
to require that such vehicle be driven to the nearest available location equipped with22
facilities to inspect, measure, or weigh such vehicle.23
(1) B. Any state policeman having reason to believe that any vehicle or24
combination of vehicles exceeds or is in violation of the provisions of R.S. 32:38025
through 32:386 or the terms and conditions of a special permit issued under R.S.26
32:387 or regulations of the department or secretary Department of Public Safety27
and Corrections or the Department of Transportation and Development adopted28
pursuant to this Part is authorized to stop such vehicle or combination of vehicles and29 SB NO. 571
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to inspect or measure such vehicle or to require that such vehicle be driven to the1
nearest available location equipped with facilities to inspect or measure such vehicle,2
provided that any state policeman having reason to believe that any vehicle or3
combination of vehicles exceeds or is in violation of the provisions of R.S. 32:386,4
any overweight special permit as provided in R.S. 32:387, or the department's5
regulations adopted pursuant thereto by the Department of Public Safety and6
Corrections or the Department of Transportation and Development, may escort7
such vehicle to the nearest permanent or portable scale operated by the department's8
weights and standards police force, where a weights and standards police officer9
shall weigh such vehicle and if such vehicle is overweight, is in violation of an10
overweight special permit, or the department's or secretary's regulations adopted11
pursuant thereto by the Department of Public Safety and Corrections or the12
Department of Transportation and Development, shall issue a violation ticket in13
accordance with Subsection C of this Section.14
C.(1) Whenever any vehicle or combination of vehicles is found in violation15
of any provision of this Part or any regulation of the department or secretary16
Department of Public Safety and Corrections or the Department of17
Transportation and Development adopted pursuant thereto, the weights and18
standards police officer or any state policeman shall take the name and address of the19
owner and driver and the license number of the vehicle and shall issue a violation20
ticket assessing a penalty for such violation in accordance with R.S. 32:388.21
(2) Upon issuance of the violation ticket, an owner or driver who is a resident22
of Louisiana or who has a domicile in Louisiana shall receive notification from the23
weights and standards Department of Public Safety and Corrections stationary24
scale police officer that the penalty shall be paid within thirty days of issuance of the25
violation ticket or that the owner or driver may request an agency review of the26
penalty within thirty days of issuance of the violation ticket. An owner or driver who27
is not a resident of Louisiana or who does not have a domicile in Louisiana shall28
receive notification from the weights and standards Department of Public Safety29 SB NO. 571
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and Corrections stationary scale police officer that the penalty shall either be paid1
at the time the violation ticket is issued or he shall post a bond equal to the amount2
of the penalty, which bond shall be forfeited if, within thirty days of issuance of the3
violation ticket, the penalty has not been paid or an agency review has not been4
requested. The owner or driver shall pay the penalty assessed with certified check,5
cashier's check, money order, or department Department of Public Safety and6
Corrections approved credit card. The secretary of the Department of Public7
Safety and Corrections may establish credit accounts for violators, if each violator8
provides the department Department of Public Safety and Corrections a cash9
deposit in the minimum amount of five thousand dollars or any amount in excess10
thereof fixed by the secretary to guarantee payment of said account. The department11
Department of Public Safety and Corrections shall not detain or impound any12
vehicle issued a violation ticket for any violation of the provisions of R.S. 32:38013
through 387 prior to the final disposition of the violation ticket if the owner or driver14
is a resident of Louisiana or has a domicile in Louisiana, or has paid the penalty or15
posted the bond in accordance with this Section. For purposes of this Section, "final16
disposition" shall be defined as a final conviction, not capable of appeal or review.17
(3)(a) If a driver of a motor vehicle who is a resident of Louisiana or who has18
a domicile in Louisiana is determined to be the responsible party for the violation19
ticket by the Department of Transportation and Development or the Public Safety20
and Corrections, office of state police, the driver shall be responsible for the21
payment of all fines and fees associated with issuance of the violation ticket. If the22
department or the Department of Public Safety and Corrections, office of state23
police, fails to receive payment of the violation ticket within sixty calendar days of24
issuance of the violation ticket or within sixty calendar days of receiving a notice of25
final judgment from the agency or administrative review, the department or the26
Department of Public Safety and Corrections, office of state police, shall transmit27
the driver's license number to the office of motor vehicles. Upon receipt of the28
driver's license number, the office of motor vehicles shall immediately notify the29 SB NO. 571
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driver, by first class mail, that his driver's license shall be suspended thirty calendar1
days after the date of mailing the notice unless all fines and fees associated with the2
violation ticket are paid in full together with notice of the imposition of a fifty-dollar3
fee by the office of motor vehicles to cover its administrative costs. Upon payment4
of all fines and fees associated with the violation ticket, the office of motor vehicles5
shall immediately authorize the reinstatement of the driver's license.6
(b) If a motor carrier is determined by the Department of Transportation and7
Development or the Public Safety and Corrections, office of state police, to be the8
responsible party for a violation ticket, and if such party fails to pay the assessed9
penalty within sixty calendar days of receiving the violation ticket or within sixty10
calendar days of receiving a notice of final judgment from the agency or11
administrative review, the department or the Department of Public Safety and12
Corrections, office of state police, shall transmit the vehicle identification number13
of the offending vehicle for which the violation ticket was issued to the office of14
motor vehicles. The office of motor vehicles shall not renew the registration of the15
offending vehicle until all fines and fees associated with the violation ticket are paid16
in full. Upon payment of all fines and fees associated with the violation ticket, the17
office of motor vehicles shall immediately authorize renewal of the vehicle's18
registration. The Department of Transportation and Development and the office of19
state police Public Safety and Corrections shall adopt rules and regulations in20
accordance with the Administrative Procedure Act, subject to oversight by the House21
and Senate Committees on Transportation, Highways and Public Works, as are22
necessary to implement the provisions of this Subparagraph.23
(c) The Department of Transportation and Development and the Public24
Safety and Corrections, office of state police, shall be prohibited from seizing the25
registration license plate of a motor vehicle for failing to pay a fine for a violation26
ticket.27
(4)(a) Any owner or driver who pays an assessed penalty in accordance with28
the provisions of this Section shall have a period of ninety days after the date of29 SB NO. 571
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payment to institute a civil suit against the department Department of Public Safety1
and Corrections to recover the penalty so paid. However, the ninety-day time period2
to institute a civil suit against the department Department of Public Safety and3
Corrections shall be suspended for any owner or driver who timely requests an4
agency review in accordance with the provisions of this Section, in which case the5
owner or driver shall have a period of ninety days after the final disposition of the6
agency review to institute a civil suit against the department to recover the penalty7
so paid.8
(b) The right to sue for recovery of a penalty paid shall afford a legal remedy9
and right of action in any state district court for a full and complete adjudication of10
any questions arising in the enforcement of a penalty respecting the legality of any11
penalty assessed or the method of enforcement thereof. Any such suit may be12
instituted either in the parish in which the violation occurred, the domicile of13
vehicles, provided the domicile is within the state of Louisiana, or in East Baton14
Rouge Parish. In any such suit, service of process shall be made on the department15
secretary of the Department of Public Safety and Corrections, through the16
secretary. The department Department of Public Safety and Corrections shall be17
a necessary and proper party defendant in any such suit.18
(5) No court of this state shall issue any process whatsoever to restrain the19
collection of any penalty assessed by the department Department of Public Safety20
and Corrections pursuant to this Part.21
(6) If upon expiration of the ninety-day period provided in Paragraph (4)(a)22
of this Subsection any penalty assessed remains unpaid, the department Department23
of Public Safety and Corrections may institute a civil suit in the parish in which the24
violation occurred or in the domicile of the owner or driver to collect any penalty25
assessed but unpaid. The department Department of Public Safety and Corrections26
shall have one year from the date of expiration of the ninety-day period to institute27
such a suit.28
(7) Notwithstanding the above provisions, any member of the armed forces,29 SB NO. 571
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who is in uniform or presents an order for duty and who is operating a military1
vehicle in the line of duty in violation of any provision of R.S. 32:380 through R.S.2
32:387 or any regulation of the department or secretary Department of Public3
Safety and Corrections or the Department of Transportation and Development4
adopted pursuant thereto shall not be required to pay the penalty assessed, nor shall5
he be required to surrender his Louisiana driver's license. However, the owner of the6
vehicle or the federal government shall pay the penalty within thirty days.7
(8) Failure of any vehicle or combination of vehicles to stop at a weigh8
facility may be excused if stopping the vehicle or combination of vehicles would9
create a serious traffic hazard. The Department of Transportation and Development10
Public Safety and Corrections shall promulgate rules under the provisions of the11
Administrative Procedure Act for the implementation of this Paragraph. Such rules12
shall define "serious traffic hazard" and shall authorize the use of green traffic signal13
lights to allow vehicles to pass the weigh facility at such times as vehicles have14
accumulated on the entrance ramp to the weigh facility to the extent that the vehicles15
present a traffic hazard. Rules adopted hereunder shall be subject to oversight by the16
House and Senate Committees on Transportation, Highways and Public Works.17
D.(1) The secretary of the Department of Public Safety and Corrections18
shall establish a procedure for agency review of violation tickets issued by weights19
and standards stationary scale a state police officers and may take appropriate20
actions based on the findings of the agency's review. The secretary of the21
Department of Public Safety and Corrections shall adopt rules in accordance with22
the Administrative Procedure Act to govern agency review and any actions taken23
based on the findings of the agency.24
(2) Following conclusion of the agency's review, the operator or responsible25
party issued the violation ticket by the weights and standards stationary scale a26
Department of Public Safety and Corrections police officer may request a hearing27
conducted by a review panel comprised of five members. One member of the review28
panel shall be appointed by the secretary of the Department of Transportation and29 SB NO. 571
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Development Public Safety and Corrections, two members shall be appointed by1
the chairman of the House Transportation, Highways and Public Works Committee,2
and two members shall be appointed by the chairman of the Senate Transportation,3
Highways and Public Works Committee. Decisions of the review panel shall be4
binding upon the Department of Transportation and Development Public Safety and5
Corrections. The secretary of the Department of Public Safety and Corrections6
shall adopt rules and regulations in accordance with the Administrative Procedure7
Act regarding the hearing conducted by the review panel including but not limited8
to rules and regulations regarding the notification and procedure for requesting a9
hearing by the review panel and deadlines for request for a hearing before the review10
panel.11
* * *12
§392. Impounding of vehicles; prohibitions13
A.(1) Upon discovery of any vehicle operated in violation of this Chapter, the14
vehicle shall not be impounded but shall be directed to and followed by the weights15
and standards police officer or a state policeman to the nearest appropriate place16
suitable for unloading to its licensed gross weight or maximum size requirements as17
provided in this Chapter and storage of said product to preserve it for its intended use18
in commerce and in either case shall be detained or unloaded at the expense and19
responsibility of the owner or driver. The department Department of Public Safety20
and Corrections shall not detain or impound any vehicle issued a violation ticket21
for any violation of the provisions of R.S. 32:380 through 387 prior to the final22
disposition of the violation ticket if the owner or driver is a resident of Louisiana or23
has a domicile in Louisiana, or has paid the penalty or posted the bond in accordance24
with the provisions of R.S. 32:389(C). For purposes of this Section, "final25
disposition" shall be defined as a final conviction, not capable of appeal or review.26
* * *27
Section 2. R.S. 36:409(C)(8) is hereby amended and reenacted to read as follows:28
409. Transfer of agencies to Department of Public Safety and Corrections29 SB NO. 571
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* * *1
C. The following agencies, as defined by R.S. 36:3, are transferred to and2
hereafter shall be within the Department of Public Safety and Corrections, as3
provided in R.S. 36:802:4
* * *5
(8) The Weights and Standards Police Force (mobile units only) (R.S.6
40:1379.8).7
* * *8
Section 3. R.S. 40:1379.8 is hereby amended and reenacted to read as follows:9
§1379.8. Weights and Standards Mobile Police Force10
A. The Weights and Standards Mobile Police Force is hereby created within11
the office of state police of the Department of Public Safety and Corrections.12
B. Members of the Weights and Standards Mobile Police Force of the13
Department of Public Safety and Corrections, who receive P.O.S.T. certification14
training, are considered peace officers and shall have the authority to enforce the15
criminal and traffic laws of the state, apprehend criminals and make arrests, and16
perform other related duties imposed upon them by the legislature. As peace officers,17
they shall also have, in any part of the state, the same powers with respect to criminal18
matters and the enforcement of the law relating thereto as sheriffs, constables, and19
police officers have in their respective jurisdictions. No member of the Weights and20
Standards Mobile Police Force shall be authorized to carry a weapon until the21
member has received P.O.S.T. certification training.22
Section 4. R.S. 47:511.1(B), (C), (D) and (E), 511.2(C), 516(A) and (B)(2), 718(B)23
and (C), 812(C), and 818.53(B) are hereby amended and reenacted to read as follows:24
§511.1. Temporary permits25
* * *26
B. The Weights and Standards Police Force of the Department of27
Transportation and Development is hereby authorized and empowered to issue28
temporary permits on behalf of the commissioner and to enforce the provisions of29 SB NO. 571
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this Section.1
C. If upon inspecting a vehicle or combination of vehicles it is found that it2
has no temporary permit, the weights and standards police officer or other3
enforcement officer of the Department of Public Safety and Corrections, office of4
state police may impound the vehicle and may require the operator to purchase5
forthwith a temporary permit. Two hundred dollars shall be added to the cost of6
purchasing a temporary permit as a penalty.7
D. Payments for penalties under this Section shall be remitted to the8
Department of Transportation and Development Public Safety and Corrections.9
E. All of such penalties collected by the secretary of the Department of10
Transportation and Development Public Safety and Corrections shall be paid into11
the state treasury on or before the twenty-fifth day of each month following their12
collection and, in accordance with Article VII, Section 9 of the constitution shall be13
credited to the Bond Security and Redemption Fund.14
* * *15
§511.2. Temporary permit for unregistered trucks16
* * *17
C. If, upon inspecting a vehicle, it is found that the vehicle has no temporary18
permit, the weights and standards police officer or other enforcement officer of the19
Department of Public Safety and Corrections may impound the vehicle until a valid20
permit or license plate is secured.21
* * *22
§516. Vehicles improperly licensed; weighing, inspections and investigations;23
purchase of proper license required; penalty24
A. The commissioner, motor vehicle bureau enforcement officers, or the25
division of state police, weights and standards police officers of the Department of26
Transportation and Development or other proper legal authority, have the right and27
power at any time and place to investigate, in any lawful manner, and inspect, at any28
time and place, any vehicle, with respect to its registration, license, tax payment or29 SB NO. 571
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other manner or thing contemplated by or provided for in this Chapter. To that end1
the commissioner may select, appoint or designate inspectors, acquire the necessary2
scales or other equipment incident to their functioning, and where necessary may3
cause the owner or driver of any vehicle to move the same or cause it to be moved,4
forthwith, to the nearest scales available in the direction of destination.5
B. * * *6
(2) Twenty-five percent of the annual price of the license or registration shall7
be added to the cost of purchasing the same as a penalty, which shall be in lieu of the8
penalties directed to be imposed by R.S. 47:508. There shall be credited against the9
price of this license or registration the price of the license or registration on the10
vehicle at the time of its unlawful operation. However, in lieu of impoundment and11
immediate purchase of license and registration, a Department of Transportation and12
Development stationary weights and standards enforcement Public Safety and13
Corrections, office of state police, officer may issue a violation ticket in the amount14
of seventy-five dollars, in addition to any overweight penalties due as provided by15
R.S. 32:388, to any operator possessed of an improper Louisiana license and16
registration.17
* * *18
§718. Gasoline or motor fuel imported in a vehicle's reservoir and used within this19
state20
* * *21
B.(1) In order to enforce the provisions of this Section, the secretary or his22
authorized representative, or any commissioned officer employed by the office of23
state police or by the Department of Transportation and Development is empowered24
to stop any motor vehicle which appears to be operating with gasoline or motor fuel25
for the purpose of examining the invoices and for such other investigative purposes26
reasonably necessary to determine whether the vehicle is being operated in27
compliance with the provisions of this Section.28
(2) If, after such examination or investigation, it is determined by the29 SB NO. 571
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secretary or his authorized representative or any weights and standards police1
commissioned officer employed by the office of state police that the tax imposed2
by this Section has not been paid with respect to the gasoline or motor fuel being3
used in the vehicle, the secretary or his representative or any weights and standards4
police commissioned officer employed by the office of state police shall5
immediately assess the tax due together with a penalty of fifty dollars to the owner6
of the vehicle and give the owner written notice of the assessment by handing it to7
the driver of the vehicle.8
(3) The secretary or his representative or any weights and standards police9
commissioned officer employed by the office of state police is hereby empowered10
to impound any vehicle found to be operating in violation of this Section by a person11
other than one who has furnished the bond required of dealers by R.S. 47:725 until12
such time as any tax and penalty assessed as provided herein has been paid.13
(4) Upon issuance of the written notice of assessment in the form of a14
violation ticket by the secretary or his representative or any weights and standards15
police commissioned officer employed by the office of state police, the procedure16
for collection and payment of the penalty assessed shall be the same as that provided17
for the payment and collection of penalty in R.S. 32:389(C).18
C. All penalties collected for violation of this Section shall be paid to the19
secretary of the Department of Public Safety and Corrections or the Department of20
Transportation and Development, whichever agency issued the violation ticket, who21
shall pay said penalties into the state treasury on or before the twenty-fifth day of22
each month following their collection and, in accordance with Article VII, Section23
9 of the Constitution of Louisiana shall be credited to the Bond Security and24
Redemption Fund. After a sufficient amount is allocated from that fund to pay all25
obligations secured by the full faith and credit of the state which become due and26
payable within any fiscal year, the treasurer shall pay an amount equal to the fees27
paid into the Bond Security and Redemption Fund pursuant to this Subsection into28
the Transportation Trust Fund.29 SB NO. 571
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* * *1
§812. Violations; cargo tank to carburetor connection; operation without2
speedometer or hub meter; operation without name and address on3
trucks; invoice4
* * *5
C. All specific penalties collected by the Department of Public Safety and6
Corrections or the Department of Transportation and Development in accordance7
with this Part shall be paid to the secretary of the Department of Public Safety and8
Corrections or the Department of Transportation and Development, whichever9
agency issued the violation ticket, who shall pay said penalties into the state treasury10
on or before the twenty-fifth day of each month following their collection and, in11
accordance with Article VII, Section 9 of the Constitution of Louisiana, such funds12
shall be credited to the Bond Security and Redemption Fund.13
* * *14
§818.53. Violations; cargo tank to engine connection; operation without15
speedometer or hub meter; operation without name and address on16
trucks17
* * *18
B. In addition to any other penalties which may be incurred, there is hereby19
levied a specific penalty of one hundred dollars for each violation of the provisions20
of this Section. This penalty shall be assessed by the secretary of the Department of21
Revenue or his authorized designee or the weights and standards police officer or the22
motor carrier safety police officer and shall be collected in the same manner as is23
provided for the collection of tax.24
Section 5. R.S. 32:1(93.1) and R.S. 36:408(B)(3) are hereby repealed.25
Section 6. All books, papers, records, money, equipment, actions, and other property26
of every kind, movable and immovable, real and personal possessed, controlled, or used by27
the Department of Transportation and Development for carrying out the functions, duties,28
and responsibilities of the Weights and Standards Stationary Scale Police Force, as well as29 SB NO. 571
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those functions and duties, including those related to due process proceedings, are1
transferred to the Department of Public Safety and Corrections.2
Section 7. All rules and regulations adopted or permits, licenses, registrations,3
variances, or orders issued by the effective date of this Act shall continue in full force and4
effect until and after the effective date of this Act, unless otherwise revoked, repealed,5
amended, modified, or terminated in accordance with law. However, the deputy secretary6
of Public Safety Services of the Department of Public Safety and Corrections, shall7
immediately act to adopt such rules and regulations as are necessary to the functions of the8
Weights and Standards Police Force.9
Section 8. Any legal proceeding, the statutory provision for which is amended or10
repealed by the provision of this Act, to which any agency or office is a party and which is11
filed, initiated, or otherwise pending before any court of hearing agency on the effective date12
of this Act, and all documents involved in or affected by said legal proceeding, shall retain13
their effectiveness and shall be continued in the name of the former agency. All further legal14
proceedings and documents in the continuance, disposition, and enforcement of said legal15
proceedings shall be in the name of the original party agency and the Department of Public16
Safety and Corrections shall be substituted for the original party agency without the17
necessity for amendment of any document or substitute the name of the department or the18
name or title of any subdivision or section of the department.19
Section 9. All employees engaged in the performance of the functions of the20
Weights and Standards Stationary Scale Police Force, the provisions of which are amended21
or transferred by this Act, are hereby assigned to the Department of Public Safety and22
Corrections, and shall insofar as practicable and necessary continue to perform duties23
heretofore assigned, subject to the applicable state civil service laws, rules, and regulations.24
Section 10. The provisions of this Act shall not be construed in any manner which25
will impair the contractual or other obligations of any agency, office, or department of the26
state.27
Section 11. The provisions of the Act shall not be construed so as to limit the power28
or authority of an officer or the office of state police as provided in R.S. 47:535.29 SB NO. 571
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Section 12. Any references to the Weights and Standards Stationary Scale Police1
Force, in any provision of law, including provisions of Chapters 4 and 7 of Subtitle II of2
Title 47 of the Louisiana Revised Statutes of 1950, shall be understood to refer to the3
Weights and Standards Police Force of the Department of Public Safety and Corrections.4
Section 13. All rules and regulations promulgated by the Department of Public5
Safety and Corrections relative to weight enforcement, payment and collection procedures6
shall be adopted in accordance with the provisions of the Louisiana Administrative7
Procedure Act. Such rules and regulations shall make reference to the Sections or8
Subsections which they may interpret or apply.9
Section 14. This Act shall become effective on July 1, 2010.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Proposed law transfers the Weights and Standards Stationary Scales Inspection Police Force
from the Department of Transportation and Development ("DOTD") to the Department of
Public Safety and Corrections ("DPS&C")
Present law defines "weights and standards mobile police officer," "weights and standards
stationary scale police officer," and" authorized emergency vehicle."
Proposed law changes "weights and standards mobile police officer" to "weights and
standards police officer" and removes the definition for "weights and standards stationary
scale police officer."
Proposed law deletes reference to "a vehicle of the Department of Transportation and
Development's weights and standards police force" to the definition of "authorized
emergency vehicle."
Present law authorizes the department to enforce certain provisions of law relating to relating
to trucks, trailers and semi-trailers.
Present law creates the weights and standards stationary scales inspection police force within
DOTD and provides for authority and duties of the police force.
Proposed law dissolves the weights and standards stationary scale inspection police force
within DOTD and deletes references to the police force throughout law.
Present law provides that the DPS&C shall enforce certain provisions of law and the
regulations adopted on all highways of this state within its jurisdiction and shall exercise
such other power and authority as authorized by law.
Proposed law retains present law and transfers operation and maintenance of all stationary
weight enforcement scale locations from DOTD to DPS&C. SB NO. 571
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Present law provides that a truck owned by a resident of another state which has not made
a reciprocal arrangement as provided by law may be operated upon the public highways of
this state when it is not registered and licensed in this state provided that prior to such
operation, the owner has secured from the commissioner of DPS&C a fee of $50 which shall
authorize the operations of such truck for a period of 48 continuous hours.
Present law provides anyone who violates present law may have their vehicles impounded
by the weights and standards police officer or other enforcement officer of DPS&C and may
be required to purchase a temporary permit. Present law further provides that payment for
penalties shall be paid to DOTD.
Proposed law provides that anyone who violates present law may have their vehicles
impounded by an enforcement officer of DPS&C and may be required to obtain a permit and
provides that payments for penalties shall be paid to DPS&C.
Effective July 1, 2010.
(Amends R.S. 32:1(1) and (93), 2, 3(A) and (C), 56(A), 388(A)(3) and (4), (B)(4)(a), (C)(3),
(F) and (G), 389, and 392(A)(1), R.S. 36:409(C)(8), R.S. 40:1379.8, and R.S. 47:511.1(B),
(C), (D) and (E), 511.2(C), 516(A) and (B)(2), 718(B) and (C), 812(C), and 818.53(B);
repeals R.S. 32:1(93.1) and R.S. 36:408(B)(3))