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Regular Session, 2010
SENATE BILL NO. 635
BY SENATOR LONG
WEIGHTS/ME ASURES. Provides with respect to DOTD stationary scale and mobile
police transfer of authority. (7/1/10)
AN ACT1
To amend and reenact R.S. 32:1(1), (10) and (93.1), 2(D) and (E), 3(C), 388(A)(3), the2
introductory paragraph of (B)(1)(a), (B)(4)(a), (C)(3), (F) and (G), 388.1, 389,3
390.23(A), and 392(A)(1), R.S. 36:408(B)(3) and 409(C)(8), R.S. 40:1379.8, and4
R.S. 47:511.1(B), (C), (D), and (E), 516(A), (B)(2), and (D), 718(B)(1) and (C) and5
812(C), and to repeal R.S. 32:1(93) and 2(B) and (C), relative to weights and6
standards; to transfer the operation and maintenance of stationary weight7
enforcement scale locations from the Department of Transportation and8
Development to the Department of Public Safety and Corrections; to provide for9
authority of the Department of Transportation and Development; to provide for the10
authority of the Department of Public Safety and Corrections; to provide for11
definitions; to provide for penalties and payments; to provide for enforcement,12
payment, and collections procedures; to provide for administrative review; to provide13
for transition; to provide for effective date; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 32:1(1), (10) and (93.1), 2(D) and (E), 3(C), 388(A)(3), the16
introductory paragraph of (B)(1)(a), (B)(4)(a), (C)(3), (F) and (G), 388.1, 389, 390.23(A),17 SB NO. 635
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and 392(A)(1) are hereby enacted to read as follows:1
§1. Definitions2
When used in this Chapter, the following words and phrases have the3
meaning ascribed to them in this Section, unless the context clearly indicates a4
different meaning:5
(1) "Authorized emergency vehicle" means a vehicle of a fire department, a6
vehicle of the department's weights and standards police force, a police vehicle, a7
privately owned vehicle belonging to members of an organized volunteer fire8
department or fire district when so designated or authorized by the fire chief of that9
fire department or fire district, an industrial-owned vehicle assigned to members of10
a fire department or fire district when so designated or authorized by the fire chief11
of that fire department or fire district, a vehicle parked or stopped by elevator repair12
or construction personnel while responding to an elevator emergency, such13
ambulances and emergency medical response vehicles certified by the Department14
of Health and Hospitals that are operated by certified ambulance services, and15
emergency vehicles of municipal departments or public service corporations as are16
designated or authorized by the secretary of the Department of Transportation and17
Development or by the chief of police of any incorporated municipality. For18
purposes of this Section, elevator repair shall be limited to those elevators that move19
people.20
* * *21
(10) "Commissioner" means the deputy secretary of the Department of22
Public Safety and Corrections , public safety services.23
* * *24
(93.1) "Weights and standards stationary scale police officer" means an25
employee of the Department of Transportation and Development Public Safety and26
Corrections, public safety services, authorized to enforce the provisions of R.S.27
32:380 through 389 388.1, both inclusive R.S. 32:390, R.S. 47:718, Chapter 4 of28
Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the access laws29 SB NO. 635
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and regulations relative to controlled access highways and certain other specified1
statutes and regulations determined by the deputy secretary of the Department2
of Public Safety and Corrections, public safety services, or by of the Department3
of Transportation and Development.4
* * *5
§2. Authority of Department of Transportation and Development6
* * *7
D. The Department of Transportation and Development department shall8
have sole authority over the issuance of special permits as set forth in R.S. 32:387.9
The commissioner may facilitate the issuance of permits by the department's10
truck permit office to place a vehicle or load in compliance with law.11
E. The secretary of the Department of Transportation and Development,12
through the office of the weights and standards police force, commissioner shall13
provide the personnel and equipment required to fully implement the provisions of14
R.S. 32:390.23 the Louisiana Truck Center, Part VI-B of Chapter 1 of Title 3215
of the Louisiana Revised Statutes, as it relates to the assessment and collection of16
fees and taxes of this department. Any money made available and received from17
the Federal Highway Administration, or from any other entity for the purpose18
of maintaining, improving, or upgrading the stationary or mobile scales shall19
be used solely for such purpose. The commissioner shall be responsible for20
maintenance of the buildings and grounds and the stationary scales at21
stationary scale locations. The department shall be responsible for the22
maintenance of the roadways and parking lots at the stationary scale locations.23
* * *24
§3. Authority of Department of Public Safety and Corrections25
* * *26
C. The Weights and Standards Police Force is hereby created within the27
Department of Public Safety and Corrections, public safety services. It may28
enforce the provisions of R.S. 32:380 through 388.1, R.S. 32:390, R.S. 47:718,29 SB NO. 635
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Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the1
access laws and regulations relative to controlled access highways and certain2
other specified statutes and regulations determined by the deputy secretary of3
the Department of Public Safety and Corrections, public safety services.4
Members of the Weights and Standards Mobile Police Force are may be authorized5
to carry weapons and to make arrests in the enforcement of these laws and6
regulations, and in that regard, shall may have the same authority and powers7
conferred by law upon other law enforcement officers of this state the Department8
of Public Safety and Corrections upon being duly commissioned as a peace9
officer by the deputy secretary of the Department of Public Safety and10
Corrections, public safety services; however, no member of the Weights and11
Standards Mobile Police Force shall be authorized to carry a weapon until the12
member has received P.O.S.T. certification training and upon being duly13
commissioned as a peace officer by the deputy secretary of the Department of14
Public Safety and Corrections, public safety services.15
* * *16
§388. Penalties; payments17
A. * * *18
(3) Each vehicle that is required to stop at a department stationary weight19
enforcement scale location and which fails to stop shall be assessed the following20
penalty:21
(a) Vehicles with a gross vehicle weight rating of less than twenty-six22
thousand pounds shall be fined penalized one hundred dollars for failure to stop at23
the department stationary a weight scales scale. This fine penalty shall be in addition24
to any other fines penalties which may be assessed for other violations.25
(b) Vehicles with a gross vehicle weight rating of twenty-six thousand26
pounds or more shall be fined penalized five hundred dollars for failure to stop at27
the department stationary a weight scales scale. This fine penalty shall be in addition28
to any other fines penalties which may be assessed for other violations.29 SB NO. 635
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(4) Any vehicle which inadvertently bypasses the department stationary1
weight scales and returns to the scales voluntarily without the assistance of law2
enforcement shall not be assessed any penalty for bypassing the scales scale.3
B.(1)(a) Except as provided in Subparagraphs (b), and (c), and (d), whoever4
owns or operates any vehicle or combination of vehicles in violation of any rule,5
regulation, directive, or requirement of the secretary adopted under R.S. 32:386 or6
in violation of R.S. 32:386 shall be required to reduce the load to the maximum7
permissible gross weight and shall be assessed a penalty on such weight which8
exceeds the maximum permissible gross weight as defined by R.S. 32:386 or9
maximum allowable axle weights, whichever results in the higher fine, in accordance10
with the following schedule:11
* * *12
(4)(a) Whoever owns any business entity engaged in the sale or shipment of13
construction aggregates requiring a weighmaster weigh master, not including14
asphalt, or transfer sales or shipment from rail, barge, or ship to wholesale stockpiles15
or inventories within a five-mile radius of the point where the shipment was16
transferred, who violates, or whose driver or contract driver violates any rule,17
regulation, directive, or requirement of the secretary adopted under R.S. 32:386 or18
violates R.S. 32:386 shall also be assessed a separate penalty for each violation in19
accordance with the schedule set forth in Paragraph Subsection B(1) of this Section.20
However, notwithstanding any other provision of this Chapter or any law to the21
contrary, any such business, or weighmaster weigh master thereof, who releases a22
vehicle that is within the maximum permissible gross weight limitations for travel23
on a state highway shall not be assessed any penalty when said vehicle is found in24
violation of gross maximum weight limitations while traveling on any interstate25
highway. For purposes of enforcing this Paragraph Subsection, any weights and26
standards and or state policeman having reason to believe that such owner is in27
violation of R.S. 32:386 is authorized to enter and go upon, without formal warrant,28
any vehicle, stand, place, building, or premises, for the purpose of inspecting only29 SB NO. 635
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the shipping ticket or tickets issued in connection with the particular load found in1
violation of R.S. 32:386 by the any W weights and S standards or state Ppoliceman2
in order to determine whether such sales at the origin of shipment contain the3
amounts represented and are offered for sale or sold in a manner in accordance with4
law. The discovery of an overweight vehicle after proper weighing shall constitute5
"reason to believe" for purposes of this Paragraph Subsection.6
* * *7
C. * * *8
(3) Nothing contained in this Subsection shall authorize the department9
commissioner or any weights and standards or state policeman to assess any10
penalty provided for herein for both the failure to possess a required special permit11
and for operating a vehicle in violation of R.S. 32:386 when arising out of the same12
activity, and to this extent the penalties provided for in this Subsection shall not be13
cumulative in nature.14
* * *15
F. Payments for penalties imposed by the Department of Transportation and16
Development and the Department of Public Safety and Corrections, public safety17
services, shall be remitted to the Transportation Trust Fund. However, any payments18
for citations for weight limit violations on parish roads in a parish shall be paid to the19
public works department of said parish.20
G.(1) All of such penalties collected by the secretary and the commissioner21
shall be paid into the state treasury on or before the twenty-fifth day of each month22
following their collection and, in accordance with Article VII, Section 9 of the23
Constitution of Louisiana, shall be credited to the Bond Security and Redemption24
Fund. However, after a sufficient amount of the penalties collected by the secretary25
and the commissioner is allocated from the fund to pay all obligations secured by the26
full faith and credit of the state within any fiscal year, the treasurer shall pay an27
amount equal to the fees paid into the Bond Security and Redemption Fund pursuant28
to this Paragraph into the Transportation Trust Fund created under Article VII,29 SB NO. 635
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Section 27 of the Constitution of Louisiana.1
(2) The department Department of Public Safety and Corrections, public2
safety services, shall keep a set of books showing from whom every dollar is paid3
and for what purpose. It also shall keep in its file vouchers or receipts for all monies4
paid out.5
§388.1. Penalties; multiple violations6
Whoever owns or drives any vehicle or combination of vehicles in violation7
of two or more of the provisions of this Part at any one time shall be assessed the8
greater or the greatest of the penalties, in the full amount of the penalty. The9
department commissioner is hereby authorized to promulgate rules and regulations10
to provide that in addition to assessment of the greater or greatest penalty, the owner11
or driver shall be assessed a penalty not to exceed ten dollars for each other violation12
committed at the same time; however, such rules and regulations shall only be13
promulgated provided the Federal Highway Administration initiates official14
sanctions which would result in the loss of National Highway System apportionment15
or other federal funds should such penalties for multiple violations not be provided.16
* * *17
§389. Weights and standards police; enforcement procedure; payment and collection18
procedures; administrative review19
A. The weights and standards police force and the state police shall have20
concurrent authority to enforce the provisions of R.S. 32:380 through 388.1 and R.S.21
32:390.22
B. Any weights and standards police officer having reason to believe that any23
vehicle or combination of vehicles exceeds or is in violation of the provisions of R.S.24
32:380 through R.S. 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and25
conditions of a special permit issued under R.S. 32:387 or regulations of either the26
department or secretary Department of Transportation and Development or the27
Department of Public Safety and Correction, public safety services, adopted28
pursuant to this Part, is authorized to stop such vehicle or combination of vehicles29 SB NO. 635
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and to inspect, measure, or weigh such vehicle, either by means of portable or1
stationary scales, or to require that such vehicle be driven to the nearest available2
location equipped with facilities to inspect, measure, or weigh such vehicle.3
(1) Any state policeman having reason to believe that any vehicle or4
combination of vehicles exceeds or is in violation of the provisions of R.S. 32:3805
through 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and conditions6
of a special permit issued under R.S. 32:387 or regulations of the department or7
secretary adopted pursuant to this Part is authorized to stop such vehicle or8
combination of vehicles and to inspect or measure such vehicle or to require that9
such vehicle be driven to the nearest available location equipped with facilities to10
inspect or measure such vehicle, provided that any state policeman having reason to11
believe that any vehicle or combination of vehicles exceeds or is in violation of the12
provisions of R.S. 32:386, any overweight special permit as provided in R.S. 32:387,13
or the department's regulations adopted pursuant thereto, may escort such vehicle to14
the nearest permanent or portable scale operated by the department's weights and15
standards police force, where a weights and standards police officer shall weigh such16
vehicle and if such vehicle is overweight, is in violation of an overweight special17
permit, or the department's or secretary's regulations adopted pursuant thereto, shall18
issue a violation ticket in accordance with Subsection C of this Section.19
C.(1) Whenever any vehicle or combination of vehicles is found in violation20
of any provision of this Part or any regulation of the department or secretary adopted21
pursuant thereto, the weights and standards police officer or any state policeman22
shall take the name and address of the owner and driver and the license number of23
the vehicle and shall issue a violation ticket assessing a penalty for such violation in24
accordance with R.S. 32:388.25
(2) Upon issuance of the violation ticket, an owner or driver who is a resident26
of Louisiana or who has a domicile in Louisiana shall receive notification from the27
weights and standards stationary scale police officer that the penalty shall be paid28
within thirty days of issuance of the violation ticket or that the owner or driver may29 SB NO. 635
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request an agency review of the penalty within thirty days of issuance of the1
violation ticket. An owner or driver who is not a resident of Louisiana or who does2
not have a domicile in Louisiana shall receive notification from the weights and3
standards stationary scale police officer that the penalty shall either be paid at the4
time the violation ticket is issued or he shall post a bond equal to the amount of the5
penalty, which bond shall be forfeited if, within thirty days of issuance of the6
violation ticket, the penalty has not been paid or an agency review has not been7
requested. The owner or driver shall pay the penalty assessed with certified check,8
cashier's check, money order, or department-approved credit card. The secretary may9
establish credit accounts for violators, if each violator provides the department a cash10
deposit in the minimum amount of five thousand dollars or any amount in excess11
thereof fixed by the secretary to guarantee payment of said account. The department12
shall not detain or impound any vehicle issued a violation ticket for any violation of13
the provisions of R.S. 32:380 through 387 prior to the final disposition of the14
violation ticket if the owner or driver is a resident of Louisiana or has a domicile in15
Louisiana, or has paid the penalty or posted the bond in accordance with this Section.16
For purposes of this Section, "final disposition" shall be defined as a final conviction,17
not capable of appeal or review.18
(3)(a) If a driver of a motor vehicle who is a resident of Louisiana or who has19
a domicile in Louisiana is determined to be the responsible party for the violation20
ticket by the Department of Transportation and Development or the office of state21
police, the driver shall be responsible for the payment of all fines and fees associated22
with issuance of the violation ticket. If the department or the office of state police23
fails to receive payment of the violation ticket within sixty calendar days of issuance24
of the violation ticket or within sixty calendar days of receiving a notice of final25
judgment from the agency or administrative review, the department or the office of26
state police shall transmit the driver's license number to the office of motor vehicles.27
Upon receipt of the driver's license number, the office of motor vehicles shall28
immediately notify the driver, by first class mail, that his driver's license shall be29 SB NO. 635
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suspended thirty calendar days after the date of mailing the notice unless all fines1
and fees associated with the violation ticket are paid in full together with notice of2
the imposition of a fifty-dollar fee by the office of motor vehicles to cover its3
administrative costs. Upon payment of all fines and fees associated with the violation4
ticket, the office of motor vehicles shall immediately authorize the reinstatement of5
the driver's license.6
(b) If a motor carrier is determined by the Department of Transportation and7
Development or the office of state police to be the responsible party for a violation8
ticket, and if such party fails to pay the assessed penalty within sixty calendar days9
of receiving the violation ticket or within sixty calendar days of receiving a notice10
of final judgment from the agency or administrative review, the department or the11
office of state police shall transmit the vehicle identification number of the offending12
vehicle for which the violation ticket was issued to the office of motor vehicles. The13
office of motor vehicles shall not renew the registration of the offending vehicle until14
all fines and fees associated with the violation ticket are paid in full. Upon payment15
of all fines and fees associated with the violation ticket, the office of motor vehicles16
shall immediately authorize renewal of the vehicle's registration. The Department of17
Transportation and Development and the office of state police shall adopt rules and18
regulations in accordance with the Administrative Procedure Act, subject to19
oversight by the House and Senate Committees on Transportation, Highways and20
Public Works, as are necessary to implement the provisions of this Subparagraph.21
(c) The Department of Transportation and Development and the office of22
state police shall be prohibited from seizing the registration license plate of a motor23
vehicle for failing to pay a fine for a violation ticket.24
(4)(a) Any owner or driver who pays an assessed penalty in accordance with25
the provisions of this Section shall have a period of ninety days after the date of26
payment to institute a civil suit against the department to recover the penalty so paid.27
However, the ninety-day time period to institute a civil suit against the department28
shall be suspended for any owner or driver who timely requests an agency review in29 SB NO. 635
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accordance with the provisions of this Section, in which case the owner or driver1
shall have a period of ninety days after the final disposition of the agency review to2
institute a civil suit against the department to recover the penalty so paid.3
(b) The right to sue for recovery of a penalty paid shall afford a legal remedy4
and right of action in any state district court for a full and complete adjudication of5
any questions arising in the enforcement of a penalty respecting the legality of any6
penalty assessed or the method of enforcement thereof. Any such suit may be7
instituted either in the parish in which the violation occurred, the domicile of8
vehicles, provided the domicile is within the state of Louisiana, or in East Baton9
Rouge Parish. In any such suit, service of process shall be made on the department,10
through the secretary. The department shall be a necessary and proper party11
defendant in any such suit.12
(5) No court of this state shall issue any process whatsoever to restrain the13
collection of any penalty assessed by the department pursuant to this Part.14
(6) If upon expiration of the ninety-day period provided in Paragraph (4)(a)15
of this Subsection any penalty assessed remains unpaid, the department may institute16
a civil suit in the parish in which the violation occurred or in the domicile of the17
owner or driver to collect any penalty assessed but unpaid. The department shall18
have one year from the date of expiration of the ninety-day period to institute such19
a suit.20
(7) Notwithstanding the above provisions, any member of the armed forces,21
who is in uniform or presents an order for duty and who is operating a military22
vehicle in the line of duty in violation of any provision of R.S. 32:380 through R.S.23
32:387 or any regulation of the department or secretary adopted pursuant thereto24
shall not be required to pay the penalty assessed, nor shall he be required to surrender25
his Louisiana driver's license. However, the owner of the vehicle or the federal26
government shall pay the penalty within thirty days.27
(8) Failure of any vehicle or combination of vehicles to stop at a weigh28
facility may be excused if stopping the vehicle or combination of vehicles would29 SB NO. 635
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create a serious traffic hazard. The Department of Transportation and Development1
shall promulgate rules under the provisions of the Administrative Procedure Act for2
the implementation of this Paragraph. Such rules shall define "serious traffic hazard"3
and shall authorize the use of green traffic signal lights to allow vehicles to pass the4
weigh facility at such times as vehicles have accumulated on the entrance ramp to5
the weigh facility to the extent that the vehicles present a traffic hazard. Rules6
adopted hereunder shall be subject to oversight by the House and Senate Committees7
on Transportation, Highways and Public Works.8
D.(1) The secretary shall establish a procedure for agency review of violation9
tickets issued by weights and standards stationary scale police officers and may take10
appropriate actions based on the findings of the agency's review. The secretary shall11
adopt rules in accordance with the Administrative Procedure Act to govern agency12
review and any actions taken based on the findings of the agency.13
(2) Following conclusion of the agency's review, the operator or responsible14
party issued the violation ticket by the weights and standards stationary scale police15
officer may request a hearing conducted by a review panel comprised of five16
members. One member of the review panel shall be appointed by the secretary of the17
Department of Transportation and Development, two members shall be appointed18
by the chairman of the House Transportation, Highways and Public Works19
Committee, and two members shall be appointed by the chairman of the Senate20
Transportation, Highways and Public Works Committee. Decisions of the review21
panel shall be binding upon the Department of Transportation and Development. The22
secretary shall adopt rules and regulations in accordance with the Administrative23
Procedure Act regarding the hearing conducted by the review panel including but not24
limited to rules and regulations regarding the notification and procedure for25
requesting a hearing by the review panel and deadlines for request for a hearing26
before the review panel.27
Whenever any carrier, common carrier, contract carrier, private carrier,28
transport vehicle, or driver is found in violation of any provision of this29 SB NO. 635
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Chapter, commissioner shall send the responsible party a "Notice of Violation,1
Proposed Finding and Proposed Civil Penalty", hereafter referred to as a2
"notice of violation", within thirty calendar days of the violation.3
(2)(a) Each notice of violation shall clearly indicate if a monetary4
penalty is assessed for the violation or if the notice of violation is only a warning.5
When a monetary penalty is assessed, each notice of violation shall be sent to6
the responsible party by certificate of mailing. Such notice of violation shall7
also contain notice that the responsible party shall have forty-five calendar days8
from the date of issuance of the notice of violation to either pay the monetary9
penalty for the violation or to request, in writing, an administrative hearing to10
review the notice of violation. When the amount of the civil penalty is negotiated11
between the commissioner and the responsible party, the commissioner shall12
send written notification to the responsible party of the amount of the13
negotiated civil penalty within thirty calendar days of the date of the final14
negotiation. Such payment shall be made by certified check, money order, or15
credit card. If made by credit card, the payment shall be deemed received by16
the commissioner when tendered and an approval code is obtained from the17
credit card company or credit card processor.18
(b) The commissioner shall adopt rules and regulations in accordance19
with the Administrative Procedure Act, subject to oversight by the House and20
Senate committees on transportation, highways and public works as are21
necessary regarding the administrative hearing, including but not limited to22
rules and regulations regarding notification and the procedure for requesting23
a hearing provided such rules shall not conflict with the provisions of R.S.24
32:388.1.25
(3) If the commissioner fails to issue the notice of violation to the26
responsible party within thirty calendar days of the violation in accordance with27
the provisions of this Section, the violation shall be dismissed. However, the28
commissioner shall be granted an additional sixty calendar days to send the29 SB NO. 635
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responsible party a notice of violation in accordance with the provisions of this1
Section if he experiences a data system failure caused by either an act of God2
or an intentional act of sabotage.3
(4) Any appeal of the findings of the administrative law judge shall be4
filed in a state district court with proper venue over the matter.5
D.(1) If a carrier is determined to be the responsible party for a notice6
of violation by the commissioner and, if such carrier fails to pay the assessed7
penalty within forty-five calendar days of issuance of the notice of violation, or8
in the case of an administrative hearing, the responsible party fails to pay the9
assessed fine within thirty calendar days of receiving a notice of final judgment10
from the administrative law judge, the outstanding penalty amount shall be11
posted on the commissioner's official web site. The outstanding penalty amount12
for such responsible party shall continue to appear on the web site until all fines13
and fees are paid in full. The commissioner shall transmit the vehicle14
identification number of the offending vehicle for which the notice of violation15
was written to the office of motor vehicles. The office of motor vehicles shall not16
renew the registration of the offending vehicle until all fines and fees associated17
with the notice of violation have been paid in full. Within seven calendar days18
of receiving documentation from the responsible party that all fines and fees19
have been paid in full, the commissioner shall remove the posting of the notice20
of violation from his web site. Additionally, upon payment of all fines and fees21
associated with the notice of violation, the office of motor vehicles shall22
immediately authorize renewal of the vehicle's registration. Such payment shall23
be made by certified check, money order, or credit card. If made by credit card,24
the payment shall be deemed received by the commissioner when tendered and25
an approval code is obtained from the credit card company or credit card26
processor.27
(2) If the driver of a motor vehicle is found to be the responsible party28
for a notice of violation by the commissioner, the driver shall be responsible for29 SB NO. 635
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the payment of all fines and fees associated with issuance of the notice of1
violation. Such payment shall be made by certified check, money order, or2
credit card. If made by credit card, the payment shall be deemed received by3
the commissioner when tendered and an approval code is obtained from the4
credit card company or credit card processor. If the commissioner fails to5
receive payment within forty-five calendar days of issuance of the notice of6
violation, or in the case of an administrative hearing, the responsible party fails7
to pay the assessed penalty within thirty calendar days of receiving a notice of8
final judgment from the administrative law judge, the commissioner shall9
transmit the driver's license number to the office of motor vehicles. Upon10
receipt of the driver's license number, the office of motor vehicles shall11
immediately notify the driver, by first class mail, that his driver's license shall12
be suspended thirty calendar days after the date of mailing the notice unless all13
fines and fees associated with the notice of violation or final judgment from the14
administrative law judge are paid in full together with notice of the imposition15
of a fifty-dollar fee by the office of motor vehicles to cover its administrative16
costs. The driver's license shall remain suspended until all fines and fees17
associated with the notice of violation or final judgment from the administrative18
law judge and the fifty-dollar fee for the office of motor vehicles are paid in full.19
Upon payment of all fines and fees, the office of motor vehicles shall20
immediately authorize the reinstatement of the driver's license.21
(3) Motor carriers shall not be responsible for driver violations.22
E.(1) The commissioner and any law enforcement officer working for23
the commissioner shall be prohibited from seizing a motor vehicle or the24
registration license plate of a motor vehicle for failing to pay a fine for a notice25
of violation.26
(2) In the event a motor vehicle for which a notice of violation has been27
issued is subsequently sold, the new owner of such vehicle shall not be28
responsible for any outstanding fines or fees associated with a notice of29 SB NO. 635
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violation. The new owner of the motor vehicle shall present proper1
documentation to the commissioner evidencing the lawful transfer of ownership.2
F. During a state of emergency declared by the governor, the3
commissioner shall be granted an additional sixty calendar days to send the4
responsible party a notice of violation in accordance with the provisions of this5
Section. Such extension of time shall terminate not later than sixty days from6
the date the state of emergency ends.7
G. Notwithstanding the provisions of this Section, any member of the8
armed forces, who is in uniform or presents an order for duty and who is9
operating a military vehicle in the line of duty in violation of any provision of10
R.S. 32:380 through R.S. 32:387, or any regulation adopted pursuant thereto,11
shall not be required to pay the penalty assessed, nor shall such member be12
required to surrender his Louisiana driver's license. However, the owner of the13
vehicle or the federal government shall pay the penalty within thirty days.14
H. The failure of any vehicle or combination of vehicles to stop at a weigh15
facility may be excused if stopping the vehicle or combination of vehicles creates16
a serious traffic hazard. The commissioner shall promulgate rules under the17
provisions of the Administrative Procedure Act to implement the provisions of18
this Subsection. Such rules shall define "serious traffic hazard" and shall19
authorize the use of green traffic signal lights to allow vehicles to pass the weigh20
facility at such times as vehicles have accumulated on the entrance ramp to the21
weigh facility to the extent that the vehicles present a traffic hazard. Rules22
previously adopted by the department shall remain in full force and effect until23
such time as the commissioner promulgates rules pursuant to this Subsection.24
Rules adopted hereunder shall be subject to oversight by the House and Senate25
committees on transportation, highways and public works.26
* * *27
§390.23. Agency representatives28
A. Located within the truck center shall be representatives of the following29 SB NO. 635
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agencies:1
(1) The Public Service Commission.2
(2) The Department of Public Safety and Corrections, public safety services.3
(3) The Department of Revenue.4
(4) The Department of Transportation and Development, office of weights5
and standards.6
* * * 7
§392. Impounding of vehicles; prohibitions8
A.(1) Upon discovery of any vehicle operated in violation of this Chapter, the9
vehicle shall not be impounded but shall be directed to and followed by the weights10
and standards police officer or state policeman to the nearest appropriate place11
suitable for unloading to its licensed gross weight or maximum size requirements as12
provided in this Chapter and storage of said product to preserve it for its intended use13
in commerce and in either case shall be detained or unloaded at the expense and14
responsibility of the owner or driver. The department commissioner shall not detain15
or impound any vehicle issued a violation ticket for any violation of the provisions16
of R.S. 32:380 through 387 prior to the final disposition of the violation ticket if the17
owner or driver is a resident of Louisiana or has a domicile in Louisiana, or has paid18
the penalty or posted the bond in accordance with the provisions of R.S. 32:389(C).19
For purposes of this Section, "final disposition" shall be defined as a final conviction,20
not capable of appeal or review.21
* * *22
Section 2. R.S. 36:408(B)(3) and 409(C)(8) are hereby amended and reenacted to23
read as follows:24
§408. Offices; purposes and functions25
* * *26
B. * * *27
(3) Within the office of state police Department of Public Safety and28
Corrections, public safety services, there shall be a Weights and Standards Mobile29 SB NO. 635
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Police Force (R.S. 40:1379.8) which shall perform the functions of the state related1
to the enforcement of R.S. 32:380 through 389 388, R.S. 32:388.1, R.S. 32:390, and2
R.S. 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47 relating to3
trucks, trailers, and semitrailers and Part V of Chapter 7 of Subtitle II of Title 47 of4
the Louisiana Revised Statutes of 1950 and the department's regulations adopted5
pursuant thereto.6
* * *7
§409. Transfer of agencies to Department of Public Safety and Corrections8
* * *9
C. The following agencies, as defined by R.S. 36:3, are transferred to and10
hereafter shall be within the Department of Public Safety and Corrections, as11
provided in R.S. 36:802:12
* * *13
(8) The Weights and Standards Police Force (mobile units only) (R.S.14
40:1379.8).15
* * *16
Section 3. R.S. 40:1379.8 is hereby amended and reenacted to read as follows:17
§1379.8. Weights and Standards Mobile Police Force18
A. The Weights and Standards Mobile Police Force is hereby created within19
the office of state police of the Department of Public Safety and Corrections, public20
safety services.21
B. Members of the Weights and Standards Mobile Police Force who are22
commissioned by the deputy secretary of the Department of Public Safety and23
Corrections, public safety services, and who receive P.O.S.T. certification training,24
are considered peace officers and shall have the authority to enforce the criminal and25
traffic laws of the state, apprehend criminals and make arrests, and perform other26
related duties imposed upon them by the legislature. As peace officers, they shall27
also have, in any part of the state, the same powers with respect to criminal matters28
and the enforcement of the law relating thereto as sheriffs, constables, and police29 SB NO. 635
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officers have in their respective jurisdictions. No member of the Weights and1
Standards Mobile Police Force shall be authorized to carry a weapon until the2
member has received P.O.S.T. certification training.3
Section 4. R.S. 47:511.1(B), (C), (D) and (E), 516(A), (B)(2) and (D) 718(B)(1) and4
(C) and 812(C) are hereby amended and reenacted to read as follows:5
§511.1. Temporary permits6
* * *7
B. The Weights and Standards Police Force of the Department of8
Transportation and Development is hereby authorized and empowered to issue9
temporary permits on behalf of the commissioner and to enforce the provisions of10
this Section.11
C. If upon inspecting a vehicle or combination of vehicles it is found that it12
has no temporary permit, the weights and standards police officer or other13
enforcement officer of the Department of Public Safety commissioner may impound14
the vehicle and may require the operator to purchase forthwith a temporary permit.15
Two hundred dollars shall be added to the cost of purchasing a temporary permit as16
a penalty.17
D. Payments for penalties under this Section shall be remitted to the18
Department of Transportation and Development commissioner. Such payment19
shall be made by certified check, money order, or credit card. If payment is20
made by credit card, the payment shall be deemed received by the commissioner21
when tendered and an approval code is obtained from the credit card company22
or credit card processor.23
E. All of such penalties collected by the secretary of the Department of24
Transportation and Development commissioner shall be paid into the state treasury25
on or before the twenty-fifth day of each month following their collection and, in26
accordance with Article VII, Section 9 of the constitution shall be credited to the27
Bond Security and Redemption Fund. However, after a sufficient amount of the28
penalties collected by the commissioner is allocated from the fund to pay all29 SB NO. 635
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obligations secured by the full faith and credit of the state within any fiscal year,1
the treasurer shall pay an amount equal to the penalties paid into the Bond2
Security and Redemption Fund pursuant to the provisions of this Subsection3
into the Transportation Trust Fund created under Article VII, Section 27 of the4
Constitution of Louisiana.5
* * *6
§516. Vehicles improperly licensed; weighing, inspections and investigations;7
purchase of proper license required; penalty8
A. The commissioner, motor vehicle bureau enforcement officers or the9
division of state police, weights and standards police officers, of the Department of10
Transportation and Development or other proper legal authority, shall have the right11
and power at any time and place to investigate, in any lawful manner, and inspect,12
at any time and place, any vehicle, with respect to its registration, license, tax13
payment or other manner or thing contemplated by or provided for in this Chapter.14
To that end the commissioner may select, appoint or designate inspectors, acquire15
the necessary scales or other equipment incident to their functioning, and where16
necessary may cause the owner or driver of any vehicle to move the same or cause17
it to be moved, forthwith, to the nearest scales available in the direction of18
destination.19
B. * * *20
(2) Twenty-five percent of the annual price of the license or registration shall21
be added to the cost of purchasing the same as a penalty, which shall be in lieu of the22
penalties directed to be imposed by R.S. 47:508. There shall be credited against the23
price of this license or registration the price of the license or registration on the24
vehicle at the time of its unlawful operation. However, in lieu of impoundment and25
immediate purchase of license and registration, a Department of Transportation and26
Development stationary weights and standards enforcement police officer may issue27
a violation ticket in the amount of seventy-five dollars, in addition to any overweight28
penalties due as provided by R.S. 32:388, to any operator possessed of an improper29 SB NO. 635
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Louisiana license and registration.1
* * *2
D. Whoever violates his promise to appear, purchase license plate and3
registration and pay any penalty assessed under Subsections B and C of this section4
shall be punished by a fine of not more than five hundred dollars, or by5
imprisonment for not more than ninety days, or both, and the driver's license or6
license plate shall be forwarded to the Department of Public Safety commissioner7
for suspension, revocation, and cancellation.8
* * *9
§718. Gasoline or motor fuel imported in a vehicle's reservoir and used within this10
state11
* * *12
B.(1) In order to enforce the provisions of this Section, the secretary or his13
authorized representative, or any commissioned officer employed by the office of14
state police or by the Department of Transportation and Development Department15
of Public Safety and Correction, public safety services, is empowered to stop any16
motor vehicle which appears to be operating with gasoline or motor fuel for the17
purpose of examining the invoices and for such other investigative purposes18
reasonably necessary to determine whether the vehicle is being operated in19
compliance with the provisions of this Section.20
* * *21
C. All penalties collected for violation of this Section shall be paid to the22
deputy secretary of the Department of Public Safety and Corrections, public safety23
services, or the Department of Transportation and Development, whichever agency24
issued the violation ticket, who shall pay said penalties into the state treasury on or25
before the twenty-fifth day of each month following their collection and, in26
accordance with Article VII, Section 9 of the Constitution of Louisiana shall be27
credited to the Bond Security and Redemption Fund. After a sufficient amount is28
allocated from that fund to pay all obligations secured by the full faith and credit of29 SB NO. 635
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the state which become due and payable within any fiscal year, the treasurer shall1
pay an amount equal to the fees paid into the Bond Security and Redemption Fund2
pursuant to this Subsection into the Transportation Trust Fund.3
* * *4
§812. Violations; cargo tank to carburetor connection; operation without5
speedometer or hub meter; operation without name and address on6
trucks; invoice7
* * *8
C. All specific penalties collected by the Department of Public Safety and9
Corrections, public safety services, or the Department of Transportation and10
Development in accordance with this Part shall be paid to the deputy secretary of the11
Department of Public Safety and Corrections, public safety services, or the12
Department of Transportation and Development, whichever agency issued the13
violation ticket, who shall pay said penalties into the state treasury on or before the14
twenty-fifth day of each month following their collection and, in accordance with15
Article VII, Section 9 of the Constitution of Louisiana, such funds shall be credited16
to the Bond Security and Redemption Fund.17
Section 5. R.S. 32:1(93) and 2(B) and (C) are hereby repealed.18
Section 6. The items which are currently necessary to the duties and responsibilities19
currently performed by the Department of Transportation and Development for carrying out20
the functions, duties, and responsibilities of the previously constituted Weights and21
Standards stationary scales police force are transferred to the Department of Public Safety22
and Corrections, public safety services. Said transfer of items shall not include the building23
and property located at 1404 East Highway Drive, Baton Rouge, LA 70802.24
Section 7. All rules and regulations adopted or permits, licenses, registrations,25
variances, or orders issued by the effective date of this Act shall continue in full force unless26
otherwise revoked, repealed, amended, modified, or terminated in accordance with law.27
However, the deputy secretary for Public Safety Services of the Department of Public Safety28
and Corrections shall act to adopt such rules and regulations as are necessary to the function29 SB NO. 635
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of the Weights and Standards Police Force.1
Section 8. Any legal proceeding, the statutory provisions for which are amended or2
repealed by the provisions of this Act, to which any agency or office is a party and which3
is filed, initiated, or otherwise pending before any court or hearing agency on the effective4
date of this Act, and all documents involved or affected by said legal proceeding shall retain5
their effectiveness and shall be continued in the name of the former agency. All further legal6
proceedings shall be in the name of the original party agency and Public Safety Services of7
the Department of Public Safety and Corrections shall be substituted for the original party8
agency without the necessity for amendment of any document to substitute the name of the9
department or the name or title of any subdivision or section of the department.10
Section 9. All employees engaged in the performance of the functions of the11
Weights and Standards stationary police force, the provisions of which are amended or12
transferred by this Act, are hereby assigned to Public Safety Services of the Department of13
Public Safety and Corrections and, shall insofar as practicable and necessary continue to14
perform duties heretofore assigned, subject to applicable state civil service laws, rules, and15
regulations.16
Section 10. The provisions of this Act shall not be construed in any manner which17
will impair the contractual or other obligations of any agency, office, or department of this18
state.19
Section 11. The provisions of this Act shall not be construed so as to limit the power20
or authority of any member of the office of state police as provided in R.S. 40:1379.21
Section 12. Any reference to the Weights and Standards Stationary Police Force or22
Weights and Standards Mobile Police Force, in any provision of law, including but not23
limited to provisions of Chapters 4 and 7 of Subtitle II of Title 47 of the Louisiana Revised24
Statutes of 1950, shall be understood to refer to the Weights and Standards Police Force of25
Public Safety Services of the Department of Public Safety and Corrections and the Louisiana26
State Law Institute shall make the necessary statutory changes in order to comply with the27
provisions of this Section.28
Section 13. All rules and regulations promulgated by Public Safety Services of the29 SB NO. 635
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Department of Public Safety and Corrections relative to weight enforcement, payment, and1
collection procedures shall be adopted in accordance with the provisions of the Louisiana2
Administrative Procedure Act. Such rules and regulations shall make reference to the3
Sections or Subsections which they may interpret or apply.4
Section 14. The Department of Transportation and Development and the Department5
of Public Safety and Corrections, public safety services, shall report benchmark data6
annually to the House and Senate committees on transportation, highways, and public works7
in order to measure the effectiveness and efficiency of the transfer of the fixed-site scale8
responsibilities from the Department of Transportation and Development to the Department9
of Public Safety and Corrections, public safety services. Such report shall include any and10
all benchmark data including but not limited to the number of employees, expenditures, the11
number and dollar value of violations issued, the number and dollar value of penalties12
collected and deposited into the state treasury, and appropriations by the legislature to the13
Department of Public Safety and Corrections, public safety services, to perform such14
transferred function either by direct appropriation or interagency transfer. The report shall15
also reflect whether or not the transfer of the fixed-site scale responsibilities from the16
Department of Transportation and Development to the Department of Public Safety and17
Corrections, public safety services, achieves a savings of at least twenty-five percent in the18
second year through the consolidation of the responsibilities as directed by the Commission19
on Streamlining Government. The first report shall be presented not later than September20
1, 2010, which report shall include a base benchmark data set as of the effective date of21
Senate Bill 635 of the 2010 Regular Session of the Louisiana Legislature. Thereafter, the22
report shall be presented annually not later than September 1, 2011, and not later than23
September 1 of each fiscal year thereafter. 24
Section 15. This Act shall become effective on July 1, 2010.25 SB NO. 635
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The original instrument was prepared by Greg Waddell. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Sharon F. Lyles.
DIGEST
Long (SB 635)
Proposed law transfers the Weights and Standards Police Force from the Department of
Transportation and Development ("DOTD") to the Department of Public Safety and
Corrections ("DPS&C").
Present law defines "commissioner" and "weights and standards stationary scale police
officer."
Proposed law defines commissioner as the deputy secretary of the Department of Public
Safety and Corrections, public safety services.
Proposed law changes "weights and standards stationary police officer" to "weights and
standards police officer."
Present law authorizes the DOTD to enforce certain provisions of law relating to trucks,
trailers and semi-trailers.
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.
Present law provides that DOTD shall have sole authority over the issuance of special
permits as provided by law.
Proposed law retains present law and authorizes DPS&C to facilitate the issuance of permits
by DOTD's truck permit office to place a vehicle or load in compliance with law.
Proposed law creates the Weights and Standards Police Force ("police force") within
DPS&C. Authorizes the police force to enforce certain provisions of law, the access laws
and regulations relative to controlled access highways and certain other laws and regulations
as determined by the deputy secretary of DPS&C.
Proposed law provides that money from FHWA for maintaining, improving, or upgrading
stationary or mobile scales will be used solely for that purpose; provides that DPS&C is
responsible to maintain buildings and grounds and stationary scales; provides DOTD is
responsible to maintain roadways and parking lots at stationary scales.
Proposed law provides for collection procedure; provides violations are penalties, rather than
fines, to reflect civil nature; provides for notice of violation and civil penalty or warning to
responsible party within 30 days of violation; provides 45 day period to pay the penalty or
to request an administrative hearing; provides for payment by certified check, money order,
or credit card; credit card payments are deemed received when approval code is obtained;
provides for dismissal of violation if commissioner fails to issue a notice of violation to the
responsible party in 30 calendar days of date of violation; extends notice period for 60
calendar days due to data system failure by act of God or intentional act of sabotage or
during state of emergency declared by governor; provides for appeal of findings of an
administrative law judge in state district court of proper venue; provides for posting of SB NO. 635
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unpaid penalties after 45 days on commissioner's website until paid and notice to office of
motor vehicles who shall not renew vehicle registration until penalties and fees are paid;
provides for suspension of driver's license where driver is the responsible party; provides for
notice of suspension of license within 30 days unless all penalties and fees are paid; provides
for $50 fee to OMV to cover administrative cost; provides motor carriers shall not be
responsible for driver violations.
Proposed law provides for DPSC to promulgate rules and oversight of rules by the House
and Senate Committees on Transportation, Highways, and Public Works.
Proposed law provides for annual reports to House and Senate Transportation Committees
of benchmark data to determine whether transfer of function achieves savings of at least
twenty-five percent as directed by Commission on Streamlining Government.
Effective July 1, 2010.
(Amends R.S. 32:1(1),(10) and (93.1), 2(D) and (E), 3(C), 388(A)(3), (B)(1)(a)(intro para),
(B)(4)(a), (C)(3), (F) and (G), 388.1, 389, 390.23(A) and 392(A)(1), and R.S. 36:408(B)(3)
and 409(C)(8), and R.S. 40:1379.8, and R.S. 47:511.1(B), (C),(D) and (E), 516(A), (B)(2),
and (D), 718(B)(1) and (C) and 812(C); repeals R.S. 32:1(93), 2(B) and (C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill.
1. Retains sole authority in DOTD to issue special permits per R.S. 32:287 and
authorizes DPS&C to facilitate issuance of permits by DOTD truck permit
office to place a vehicle or load in compliance with law.
2. Provides that money from FHWA for maintaining, improving, or upgrading
stationary or mobile scales will be used solely for that purpose.
3. Provides that DPS&C is responsible to maintain buildings and grounds and
stationary scales; provides DOTD is responsible to maintain roadways and
parking lots at stationary scales.
4. Changes "fine" to "penalty" to reflect its civil nature.
5. Provides for collection procedure; provides for notice of violation and civil
penalty or warning to responsible party within 30 days of violation; provides
45 day period to pay the penalty or to request an administrative hearing;
provides for payment by certified check, money order, or credit card; credit
card payments are deemed received when approval code is obtained.
6. Provides for rules and oversight of rules by the House and Senate
Committees on Transportation, Highways, and Public Works.
7.Provides for dismissal of violation if commissioner fails to issue a notice of
violation to the responsible party in 30 calendar days from the date of
violation; extends notice period for 60 calendar days in case of data system
failure by act of God or intentional act of sabotage or for state of emergency
declared by governor.
8. Provides for appeal of findings of an administrative law judge in state district
court of proper venue. SB NO. 635
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9. Provides for posting of unpaid penalties after 45 days on commissioner's
website until paid and notice to office of motor vehicles who shall not renew
vehicle registration until penalties and fees are paid.
10.Provides for suspension of driver's license where driver is the responsible
party; provides for notice of suspension of license within 30 days unless all
penalties and fees are paid; provides for $50 fee to OMV to cover
administrative cost.
11.Provides motor carriers shall not be responsible for driver violations.
12.Provides for annual reports to House and Senate Transportation Committees
of benchmark data to determine whether transfer of function achieves savings
of at least twenty-five percent.