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Regular Session, 2010 ENROLLED
SENATE BILL NO. 635
BY SENATOR LONG AND REPRESENTATI VES HENRY BURNS AND
MONTOUCET
AN ACT1
To amend and reenact R.S. 32:1(1), (10) and (93.1), 2(D) and (E), 3(C), 388(A)(3) and (4),2
the 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) and (4), the16
introductory paragraph of (B)(1)(a), (B)(4)(a), (C)(3), (F) and (G), 388.1, 389, 390.23(A),17
and 392(A)(1) are hereby amended and reenacted to read as follows:18
§1. Definitions19
When used in this Chapter, the following words and phrases have the20
meaning ascribed to them in this Section, unless the context clearly indicates a21
different meaning:22
(1) "Authorized emergency vehicle" means a vehicle of a fire department, a23
vehicle of the department's weights and standards police force, a police vehicle, a24
privately owned vehicle belonging to members of an organized volunteer fire25
department or fire district when so designated or authorized by the fire chief of that26 SB NO. 635 ENROLLED
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fire department or fire district, an industrial-owned vehicle assigned to members of1
a fire department or fire district when so designated or authorized by the fire chief2
of that fire department or fire district, a vehicle parked or stopped by elevator repair3
or construction personnel while responding to an elevator emergency, such4
ambulances and emergency medical response vehicles certified by the Department5
of Health and Hospitals that are operated by certified ambulance services, and6
emergency vehicles of municipal departments or public service corporations as are7
designated or authorized by the secretary of the Department of Transportation and8
Development or by the chief of police of any incorporated municipality. For9
purposes of this Section, elevator repair shall be limited to those elevators that move10
people.11
* * *12
(10) "Commissioner" means the deputy secretary of the Department of13
Public Safety and Corrections , public safety services.14
* * *15
(93.1) "Weights and standards stationary scale police officer" means an16
employee of the Department of Transportation and Development Public Safety and17
Corrections, public safety services, authorized to enforce the provisions of R.S.18
32:380 through 389 388.1, both inclusive R.S. 32:390, R.S. 47:718, Chapter 4 of19
Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the access laws20
and regulations relative to controlled access highways, and certain other specified21
statutes and regulations determined by the deputy secretary of the Department22
of Public Safety and Corrections, public safety services, or by of the Department23
of Transportation and Development.24
* * *25
§2. Authority of Department of Transportation and Development26
* * *27
D. The Department of Transportation and Development department shall28
have sole authority over the issuance of special permits as set forth in R.S. 32:387.29
The commissioner may facilitate the issuance of permits by the department's30 SB NO. 635 ENROLLED
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truck permit office to place a vehicle or load in compliance with law.1
E. The secretary of the Department of Transportation and Development,2
through the office of the weights and standards police force, commissioner shall3
provide the personnel and equipment required to fully implement the provisions of4
R.S. 32:390.23 the Louisiana Truck Center, Part VI-B of Chapter 1 of Title 325
of the Louisiana Revised Statutes, as it relates to the assessment and collection of6
fees and taxes of this department. Any money made available and received from7
the Federal Highway Administration, or from any other entity for the purpose8
of maintaining, improving, or upgrading the stationary or mobile scales shall9
be used solely for such purpose. The commissioner shall be responsible for10
maintenance of the buildings and grounds and the stationary scales at11
stationary scale locations. The department shall be responsible for the12
maintenance of the roadways and parking lots at the stationary scale locations.13
§3. Authority of Department of Public Safety and Corrections14
* * *15
C. The Weights and Standards Police Force is hereby created within the16
Department of Public Safety and Corrections, public safety services. It may17
enforce the provisions of R.S. 32:380 through 388.1, R.S. 32:390, R.S. 47:718,18
Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the19
access laws and regulations relative to controlled access highways, and certain20
other specified statutes and regulations determined by the deputy secretary of21
the Department of Public Safety and Corrections, public safety services.22
Members of the Weights and Standards Mobile Police Force are may be authorized23
to carry weapons and to make arrests in the enforcement of these laws and24
regulations, and in that regard, shall may have the same authority and powers25
conferred by law upon other law enforcement officers of this state the Department26
of Public Safety and Corrections upon being duly commissioned as a peace27
officer by the deputy secretary of the Department of Public Safety and28
Corrections, public safety services; however, no member of the Weights and29
Standards Mobile Police Force shall be authorized to carry a weapon until the30 SB NO. 635 ENROLLED
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member has received P.O.S.T. certification training and has been duly1
commissioned as a peace officer by the deputy secretary of the Department of2
Public Safety and Corrections, public safety services.3
* * *4
§388. Penalties; payments5
A. * * *6
(3) Each vehicle that is required to stop at a department stationary weight7
enforcement scale location and which fails to stop shall be assessed the following8
penalty:9
(a) Vehicles with a gross vehicle weight rating of less than twenty-six10
thousand pounds shall be fined penalized one hundred dollars for failure to stop at11
the department stationary a weight scales scale. This fine penalty shall be in addition12
to any other fines penalties which may be assessed for other violations.13
(b) Vehicles with a gross vehicle weight rating of twenty-six thousand14
pounds or more shall be fined penalized five hundred dollars for failure to stop at15
the department stationary a weight scales scale. This fine penalty shall be in addition16
to any other fines penalties which may be assessed for other violations.17
(4) Any vehicle which inadvertently bypasses the department stationary18
weight scales and returns to the scales voluntarily without the assistance of law19
enforcement shall not be assessed any penalty for bypassing the scales scale.20
B.(1)(a) Except as provided in Subparagraphs (b), and (c), and (d), whoever21
owns or operates any vehicle or combination of vehicles in violation of any rule,22
regulation, directive, or requirement of the secretary adopted under R.S. 32:386 or23
in violation of R.S. 32:386 shall be required to reduce the load to the maximum24
permissible gross weight and shall be assessed a penalty on such weight which25
exceeds the maximum permissible gross weight as defined by R.S. 32:386 or26
maximum allowable axle weights, whichever results in the higher fine, in accordance27
with the following schedule:28
* * *29
(4)(a) Whoever owns any business entity engaged in the sale or shipment of30 SB NO. 635 ENROLLED
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construction aggregates requiring a weighmaster weigh master, not including1
asphalt, or transfer sales or shipment from rail, barge, or ship to wholesale stockpiles2
or inventories within a five-mile radius of the point where the shipment was3
transferred, who violates, or whose driver or contract driver violates any rule,4
regulation, directive, or requirement of the secretary adopted under R.S. 32:386 or5
violates R.S. 32:386 shall also be assessed a separate penalty for each violation in6
accordance with the schedule set forth in Paragraph B(1) of this Section. However,7
notwithstanding any other provision of this Chapter or any law to the contrary, any8
such business, or weighmaster weigh master thereof, who releases a vehicle that is9
within the maximum permissible gross weight limitations for travel on a state10
highway shall not be assessed any penalty when said vehicle is found in violation of11
gross maximum weight limitations while traveling on any interstate highway. For12
purposes of enforcing this Paragraph Subsection, any weights and standards and or13
state policeman having reason to believe that such owner is in violation of R.S.14
32:386 is authorized to enter and go upon, without formal warrant, any vehicle,15
stand, place, building, or premises, for the purpose of inspecting only the shipping16
ticket or tickets issued in connection with the particular load found in violation of17
R.S. 32:386 by the any W weights and S standards or state Ppoliceman in order to18
determine whether such sales at the origin of shipment contain the amounts19
represented and are offered for sale or sold in a manner in accordance with law. The20
discovery of an overweight vehicle after proper weighing shall constitute "reason to21
believe" for purposes of this Paragraph Subsection.22
* * *23
C. * * *24
(3) Nothing contained in this Subsection shall authorize the department25
commissioner or any weights and standards or state policeman to assess any26
penalty provided for herein for both the failure to possess a required special permit27
and for operating a vehicle in violation of R.S. 32:386 when arising out of the same28
activity, and to this extent the penalties provided for in this Subsection shall not be29
cumulative in nature.30 SB NO. 635 ENROLLED
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* * *1
F. Payments for penalties imposed by the Department of Transportation and2
Development and the Department of Public Safety and Corrections, public safety3
services, shall be remitted to the Transportation Trust Fund. However, any payments4
for citations for weight limit violations on parish roads in a parish shall be paid to the5
public works department of said parish.6
G.(1) All of such penalties collected by the secretary and the commissioner7
shall be paid into the state treasury on or before the twenty-fifth day of each month8
following their collection and, in accordance with Article VII, Section 9 of the9
Constitution of Louisiana, shall be credited to the Bond Security and Redemption10
Fund. However, after a sufficient amount of the penalties collected by the secretary11
and the commissioner is allocated from the fund to pay all obligations secured by the12
full faith and credit of the state within any fiscal year, the treasurer shall pay an13
amount equal to the fees paid into the Bond Security and Redemption Fund pursuant14
to this Paragraph into the Transportation Trust Fund created under Article VII,15
Section 27 of the Constitution of Louisiana.16
(2) The department Department of Public Safety and Corrections, public17
safety services, shall keep a set of books showing from whom every dollar is paid18
and for what purpose. It also shall keep in its file vouchers or receipts for all monies19
paid out.20
§388.1. Penalties; multiple violations21
Whoever owns or drives any vehicle or combination of vehicles in violation22
of two or more of the provisions of this Part at any one time shall be assessed the23
greater or the greatest of the penalties, in the full amount of the penalty. The24
department commissioner is hereby authorized to promulgate rules and regulations25
to provide that in addition to assessment of the greater or greatest penalty, the owner26
or driver shall be assessed a penalty not to exceed ten dollars for each other violation27
committed at the same time; however, such rules and regulations shall only be28
promulgated provided the Federal Highway Administration initiates official29
sanctions which would result in the loss of National Highway System apportionment30 SB NO. 635 ENROLLED
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or other federal funds should such penalties for multiple violations not be provided.1
* * *2
§389. Weights and standards police; enforcement procedure; payment and collection3
procedures; administrative review4
A. The weights and standards police force and the state police shall have5
concurrent authority to enforce the provisions of R.S. 32:380 through 388.1 and R.S.6
32:390.7
B. Any weights and standards police officer having reason to believe that any8
vehicle or combination of vehicles exceeds or is in violation of the provisions of R.S.9
32:380 through R.S. 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and10
conditions of a special permit issued under R.S. 32:387 or regulations of either the11
department or secretary Department of Transportation and Development or the12
Department of Public Safety and Correction, public safety services, adopted13
pursuant to this Part, is authorized to stop such vehicle or combination of vehicles14
and to inspect, measure, or weigh such vehicle, either by means of portable or15
stationary scales, or to require that such vehicle be driven to the nearest available16
location equipped with facilities to inspect, measure, or weigh such vehicle.17
(1) Any state policeman having reason to believe that any vehicle or18
combination of vehicles exceeds or is in violation of the provisions of R.S. 32:38019
through 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and conditions20
of a special permit issued under R.S. 32:387 or regulations of the department or21
secretary adopted pursuant to this Part is authorized to stop such vehicle or22
combination of vehicles and to inspect or measure such vehicle or to require that23
such vehicle be driven to the nearest available location equipped with facilities to24
inspect or measure such vehicle, provided that any state policeman having reason to25
believe that any vehicle or combination of vehicles exceeds or is in violation of the26
provisions of R.S. 32:386, any overweight special permit as provided in R.S. 32:387,27
or the department's regulations adopted pursuant thereto, may escort such vehicle to28
the nearest permanent or portable scale operated by the department's weights and29
standards police force, where a weights and standards police officer shall weigh such30 SB NO. 635 ENROLLED
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vehicle and if such vehicle is overweight, is in violation of an overweight special1
permit, or the department's or secretary's regulations adopted pursuant thereto, shall2
issue a violation ticket in accordance with Subsection C of this Section.3
C.(1) Whenever any vehicle or combination of vehicles is found in violation4
of any provision of this Part or any regulation of the department or secretary adopted5
pursuant thereto, the weights and standards police officer or any state policeman6
shall take the name and address of the owner and driver and the license number of7
the vehicle and shall issue a violation ticket assessing a penalty for such violation in8
accordance with R.S. 32:388.9
(2) Upon issuance of the violation ticket, an owner or driver who is a resident10
of Louisiana or who has a domicile in Louisiana shall receive notification from the11
weights and standards stationary scale police officer that the penalty shall be paid12
within thirty days of issuance of the violation ticket or that the owner or driver may13
request an agency review of the penalty within thirty days of issuance of the14
violation ticket. An owner or driver who is not a resident of Louisiana or who does15
not have a domicile in Louisiana shall receive notification from the weights and16
standards stationary scale police officer that the penalty shall either be paid at the17
time the violation ticket is issued or he shall post a bond equal to the amount of the18
penalty, which bond shall be forfeited if, within thirty days of issuance of the19
violation ticket, the penalty has not been paid or an agency review has not been20
requested. The owner or driver shall pay the penalty assessed with certified check,21
cashier's check, money order, or department-approved credit card. The secretary may22
establish credit accounts for violators, if each violator provides the department a cash23
deposit in the minimum amount of five thousand dollars or any amount in excess24
thereof fixed by the secretary to guarantee payment of said account. The department25
shall not detain or impound any vehicle issued a violation ticket for any violation of26
the provisions of R.S. 32:380 through 387 prior to the final disposition of the27
violation ticket if the owner or driver is a resident of Louisiana or has a domicile in28
Louisiana, or has paid the penalty or posted the bond in accordance with this Section.29
For purposes of this Section, "final disposition" shall be defined as a final conviction,30 SB NO. 635 ENROLLED
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not capable of appeal or review.1
(3)(a) If a driver of a motor vehicle who is a resident of Louisiana or who has2
a domicile in Louisiana is determined to be the responsible party for the violation3
ticket by the Department of Transportation and Development or the office of state4
police, the driver shall be responsible for the payment of all fines and fees associated5
with issuance of the violation ticket. If the department or the office of state police6
fails to receive payment of the violation ticket within sixty calendar days of issuance7
of the violation ticket or within sixty calendar days of receiving a notice of final8
judgment from the agency or administrative review, the department or the office of9
state police shall transmit the driver's license number to the office of motor vehicles.10
Upon 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 shall be12
suspended thirty calendar days after the date of mailing the notice unless all fines13
and fees associated with the violation ticket are paid in full together with notice of14
the imposition of a fifty-dollar fee by the office of motor vehicles to cover its15
administrative costs. Upon payment of all fines and fees associated with the violation16
ticket, the office of motor vehicles shall immediately authorize the reinstatement of17
the driver's license.18
(b) If a motor carrier is determined by the Department of Transportation and19
Development or the office of state police to be the responsible party for a violation20
ticket, and if such party fails to pay the assessed penalty within sixty calendar days21
of receiving the violation ticket or within sixty calendar days of receiving a notice22
of final judgment from the agency or administrative review, the department or the23
office of state police shall transmit the vehicle identification number of the offending24
vehicle for which the violation ticket was issued to the office of motor vehicles. The25
office of motor vehicles shall not renew the registration of the offending vehicle until26
all fines and fees associated with the violation ticket are paid in full. Upon payment27
of all fines and fees associated with the violation ticket, the office of motor vehicles28
shall immediately authorize renewal of the vehicle's registration. The Department of29
Transportation and Development and the office of state police shall adopt rules and30 SB NO. 635 ENROLLED
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regulations in accordance with the Administrative Procedure Act, subject to1
oversight by the House and Senate Committees on Transportation, Highways and2
Public Works, as are necessary to implement the provisions of this Subparagraph.3
(c) The Department of Transportation and Development and the office of4
state police shall be prohibited from seizing the registration license plate of a motor5
vehicle for failing to pay a fine for a violation ticket.6
(4)(a) Any owner or driver who pays an assessed penalty in accordance with7
the provisions of this Section shall have a period of ninety days after the date of8
payment to institute a civil suit against the department to recover the penalty so paid.9
However, the ninety-day time period to institute a civil suit against the department10
shall be suspended for any owner or driver who timely requests an agency review in11
accordance with the provisions of this Section, in which case the owner or driver12
shall have a period of ninety days after the final disposition of the agency review to13
institute a civil suit against the department to recover the penalty so paid.14
(b) The right to sue for recovery of a penalty paid shall afford a legal remedy15
and right of action in any state district court for a full and complete adjudication of16
any questions arising in the enforcement of a penalty respecting the legality of any17
penalty assessed or the method of enforcement thereof. Any such suit may be18
instituted either in the parish in which the violation occurred, the domicile of19
vehicles, provided the domicile is within the state of Louisiana, or in East Baton20
Rouge Parish. In any such suit, service of process shall be made on the department,21
through the secretary. The department shall be a necessary and proper party22
defendant in any such suit.23
(5) No court of this state shall issue any process whatsoever to restrain the24
collection of any penalty assessed by the department pursuant to this Part.25
(6) If upon expiration of the ninety-day period provided in Paragraph (4)(a)26
of this Subsection any penalty assessed remains unpaid, the department may institute27
a civil suit in the parish in which the violation occurred or in the domicile of the28
owner or driver to collect any penalty assessed but unpaid. The department shall29
have one year from the date of expiration of the ninety-day period to institute such30 SB NO. 635 ENROLLED
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a suit.1
(7) Notwithstanding the above provisions, any member of the armed forces,2
who is in uniform or presents an order for duty and who is operating a military3
vehicle in the line of duty in violation of any provision of R.S. 32:380 through R.S.4
32:387 or any regulation of the department or secretary adopted pursuant thereto5
shall not be required to pay the penalty assessed, nor shall he be required to surrender6
his Louisiana driver's license. However, the owner of the vehicle or the federal7
government shall pay the penalty within thirty days.8
(8) Failure of any vehicle or combination of vehicles to stop at a weigh9
facility may be excused if stopping the vehicle or combination of vehicles would10
create a serious traffic hazard. The Department of Transportation and Development11
shall promulgate rules under the provisions of the Administrative Procedure Act for12
the implementation of this Paragraph. Such rules shall define "serious traffic hazard"13
and shall authorize the use of green traffic signal lights to allow vehicles to pass the14
weigh facility at such times as vehicles have accumulated on the entrance ramp to15
the weigh facility to the extent that the vehicles present a traffic hazard. Rules16
adopted hereunder shall be subject to oversight by the House and Senate Committees17
on Transportation, Highways and Public Works.18
D.(1) The secretary shall establish a procedure for agency review of violation19
tickets issued by weights and standards stationary scale police officers and may take20
appropriate actions based on the findings of the agency's review. The secretary shall21
adopt rules in accordance with the Administrative Procedure Act to govern agency22
review and any actions taken based on the findings of the agency.23
(2) Following conclusion of the agency's review, the operator or responsible24
party issued the violation ticket by the weights and standards stationary scale police25
officer may request a hearing conducted by a review panel comprised of five26
members. One member of the review panel shall be appointed by the secretary of the27
Department of Transportation and Development, two members shall be appointed28
by the chairman of the House Transportation, Highways and Public Works29
Committee, and two members shall be appointed by the chairman of the Senate30 SB NO. 635 ENROLLED
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Transportation, Highways and Public Works Committee. Decisions of the review1
panel shall be binding upon the Department of Transportation and Development. The2
secretary shall adopt rules and regulations in accordance with the Administrative3
Procedure Act regarding the hearing conducted by the review panel including but not4
limited to rules and regulations regarding the notification and procedure for5
requesting a hearing by the review panel and deadlines for request for a hearing6
before the review panel.7
Whenever any carrier, common carrier, contract carrier, private carrier,8
transport vehicle, or driver is found in violation of any provision of this9
Chapter, the commissioner shall send the responsible party a "Notice of10
Violation, Proposed Finding and Proposed Civil Penalty", hereafter referred to11
as a "notice of violation", within thirty calendar days of the violation.12
(2)(a) Each notice of violation shall clearly indicate if a monetary13
penalty is assessed for the violation or if the notice of violation is only a warning.14
When a monetary penalty is assessed, each notice of violation shall be sent to15
the responsible party by certificate of mailing. Such notice of violation shall16
also contain notice that the responsible party shall have forty-five calendar days17
from the date of issuance of the notice of violation to either pay the monetary18
penalty for the violation or to request, in writing, an administrative hearing to19
review the notice of violation. When the amount of the civil penalty is negotiated20
between the commissioner and the responsible party, the commissioner shall21
send written notification to the responsible party of the amount of the22
negotiated civil penalty within thirty calendar days of the date of the final23
negotiation. Such payment shall be made by certified check, money order, or24
credit card. If made by credit card, the payment shall be deemed received by25
the commissioner when tendered and an approval code is obtained from the26
credit card company or credit card processor.27
(b) The commissioner shall adopt rules and regulations in accordance28
with the Administrative Procedure Act, subject to oversight by the House and29
Senate committees on transportation, highways and public works as are30 SB NO. 635 ENROLLED
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necessary regarding the administrative hearing, including but not limited to1
rules and regulations regarding notification and the procedure for requesting2
a hearing provided such rules shall not conflict with the provisions of R.S.3
32:388.1.4
(3) If the commissioner fails to issue the notice of violation to the5
responsible party within thirty calendar days of the violation in accordance with6
the provisions of this Section, the violation shall be dismissed. However, the7
commissioner shall be granted an additional sixty calendar days to send the8
responsible party a notice of violation in accordance with the provisions of this9
Section if he experiences a data system failure caused by either an act of God10
or an intentional act of sabotage.11
(4) Any appeal of the findings of the administrative law judge shall be12
filed in a state district court with proper venue over the matter.13
D.(1) If a carrier is determined to be the responsible party for a notice14
of violation by the commissioner and, if such carrier fails to pay the assessed15
penalty within forty-five calendar days of issuance of the notice of violation, or16
in the case of an administrative hearing, the responsible party fails to pay the17
assessed fine within thirty calendar days of receiving a notice of final judgment18
from the administrative law judge, the outstanding penalty amount shall be19
posted on the commissioner's official web site. The outstanding penalty amount20
for such responsible party shall continue to appear on the web site until all fines21
and fees are paid in full. The commissioner shall transmit the vehicle22
identification number of the offending vehicle for which the notice of violation23
was written to the office of motor vehicles. The office of motor vehicles shall not24
renew the registration of the offending vehicle until all fines and fees associated25
with the notice of violation have been paid in full. Within seven calendar days26
of receiving documentation from the responsible party that all fines and fees27
have been paid in full, the commissioner shall remove the posting of the notice28
of violation from his web site. Additionally, upon payment of all fines and fees29
associated with the notice of violation, the office of motor vehicles shall30 SB NO. 635 ENROLLED
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immediately authorize renewal of the vehicle's registration. Such payment shall1
be made by certified check, money order, or credit card. If made by credit card,2
the payment shall be deemed received by the commissioner when tendered and3
an approval code is obtained from the credit card company or credit card4
processor.5
(2) If the driver of a motor vehicle is found to be the responsible party6
for a notice of violation by the commissioner, the driver shall be responsible for7
the payment of all fines and fees associated with issuance of the notice of8
violation. Such payment shall be made by certified check, money order, or9
credit card. If made by credit card, the payment shall be deemed received by10
the commissioner when tendered and an approval code is obtained from the11
credit card company or credit card processor. If the commissioner fails to12
receive payment within forty-five calendar days of issuance of the notice of13
violation, or in the case of an administrative hearing, the responsible party fails14
to pay the assessed penalty within thirty calendar days of receiving a notice of15
final judgment from the administrative law judge, the commissioner shall16
transmit the driver's license number to the office of motor vehicles. Upon17
receipt of the driver's license number, the office of motor vehicles shall18
immediately notify the driver, by first class mail, that his driver's license shall19
be suspended thirty calendar days after the date of mailing the notice unless all20
fines and fees associated with the notice of violation or final judgment from the21
administrative law judge are paid in full together with notice of the imposition22
of a fifty-dollar fee by the office of motor vehicles to cover its administrative23
costs. The driver's license shall remain suspended until all fines and fees24
associated with the notice of violation or final judgment from the administrative25
law judge and the fifty-dollar fee for the office of motor vehicles are paid in full.26
Upon payment of all fines and fees, the office of motor vehicles shall27
immediately authorize the reinstatement of the driver's license.28
(3) Motor carriers shall not be responsible for driver violations.29
E.(1) The commissioner and any law enforcement officer working for30 SB NO. 635 ENROLLED
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the commissioner shall be prohibited from seizing a motor vehicle or the1
registration license plate of a motor vehicle for failing to pay a fine for a notice2
of violation.3
(2) In the event a motor vehicle for which a notice of violation has been4
issued is subsequently sold, the new owner of such vehicle shall not be5
responsible for any outstanding fines or fees associated with a notice of6
violation. The new owner of the motor vehicle shall present proper7
documentation to the commissioner evidencing the lawful transfer of ownership.8
F. During a state of emergency declared by the governor, the9
commissioner shall be granted an additional sixty calendar days to send the10
responsible party a notice of violation in accordance with the provisions of this11
Section. Such extension of time shall terminate not later than sixty days from12
the date the state of emergency ends.13
G. Notwithstanding the provisions of this Section, any member of the14
armed forces, who is in uniform or presents an order for duty and who is15
operating a military vehicle in the line of duty in violation of any provision of16
R.S. 32:380 through R.S. 32:387, or any regulation adopted pursuant thereto,17
shall not be required to pay the penalty assessed, nor shall such member be18
required to surrender his Louisiana driver's license. However, the owner of the19
vehicle or the federal government shall pay the penalty within thirty days.20
H. The failure of any vehicle or combination of vehicles to stop at a weigh21
facility may be excused if stopping the vehicle or combination of vehicles creates22
a serious traffic hazard. The commissioner shall promulgate rules under the23
provisions of the Administrative Procedure Act to implement the provisions of24
this Subsection. Such rules shall define "serious traffic hazard" and shall25
authorize the use of green traffic signal lights to allow vehicles to pass the weigh26
facility at such times as vehicles have accumulated on the entrance ramp to the27
weigh facility to the extent that the vehicles present a traffic hazard. Rules28
previously adopted by the department shall remain in full force and effect until29
such time as the commissioner promulgates rules pursuant to this Subsection.30 SB NO. 635 ENROLLED
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Rules adopted hereunder shall be subject to oversight by the House and Senate1
committees on transportation, highways and public works.2
* * *3
§390.23. Agency representatives4
A. Located within the truck center shall be representatives of the following5
agencies:6
(1) The Public Service Commission.7
(2) The Department of Public Safety and Corrections, public safety services.8
(3) The Department of Revenue.9
(4) The Department of Transportation and Development, office of weights10
and standards.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 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 commissioner shall not detain20
or impound any vehicle issued a violation ticket for any violation of the provisions21
of R.S. 32:380 through 387 prior to the final disposition of the violation ticket if the22
owner or driver is a resident of Louisiana or has a domicile in Louisiana, or has paid23
the penalty or posted the bond in accordance with the provisions of R.S. 32:389(C).24
For purposes of this Section, "final disposition" shall be defined as a final conviction,25
not capable of appeal or review.26
* * *27
Section 2. R.S. 36:408(B)(3) and 409(C)(8) are hereby amended and reenacted to28
read as follows:29
§408. Offices; purposes and functions30 SB NO. 635 ENROLLED
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* * *1
B. * * *2
(3) Within the office of state police Department of Public Safety and3
Corrections, public safety services, there shall be a Weights and Standards Mobile4
Police Force (R.S. 40:1379.8) which shall perform the functions of the state related5
to the enforcement of R.S. 32:380 through 389 388, R.S. 32:388.1, R.S. 32:390, and6
R.S. 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47 relating to7
trucks, trailers, and semitrailers and Part V of Chapter 7 of Subtitle II of Title 47 of8
the Louisiana Revised Statutes of 1950 and the department's regulations adopted9
pursuant thereto.10
* * *11
§409. Transfer of agencies to Department of Public Safety and Corrections12
* * *13
C. The following agencies, as defined by R.S. 36:3, are transferred to and14
hereafter shall be within the Department of Public Safety and Corrections, as15
provided in R.S. 36:802:16
* * *17
(8) The Weights and Standards Police Force (mobile units only) (R.S.18
40:1379.8).19
* * *20
Section 3. R.S. 40:1379.8 is hereby amended and reenacted to read as follows:21
§1379.8. Weights and Standards Mobile Police Force22
A. The Weights and Standards Mobile Police Force is hereby created within23
the office of state police of the Department of Public Safety and Corrections, public24
safety services.25
B. Members of the Weights and Standards Mobile Police Force who are26
commissioned by the deputy secretary of the Department of Public Safety and27
Corrections, public safety services, and who receive P.O.S.T. certification training,28
are considered peace officers and shall have the authority to enforce the criminal and29
traffic laws of the state, apprehend criminals and make arrests, and perform other30 SB NO. 635 ENROLLED
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related duties imposed upon them by the legislature. As peace officers, they shall1
also have, in any part of the state, the same powers with respect to criminal matters2
and the enforcement of the law relating thereto as sheriffs, constables, and police3
officers have in their respective jurisdictions. No member of the Weights and4
Standards Mobile Police Force shall be authorized to carry a weapon until the5
member has received P.O.S.T. certification training.6
Section 4. R.S. 47:511.1(B), (C), (D) and (E), 516(A), (B)(2) and (D) ,718(B)(1) and7
(C) and 812(C) are hereby amended and reenacted to read as follows:8
§511.1. Temporary permits9
* * *10
B. The Weights and Standards Police Force of the Department of11
Transportation and Development is hereby authorized and empowered to issue12
temporary permits on behalf of the commissioner and to enforce the provisions of13
this Section.14
C. If upon inspecting a vehicle or combination of vehicles it is found that it15
has no temporary permit, the weights and standards police officer or other16
enforcement officer of the Department of Public Safety commissioner may impound17
the vehicle and may require the operator to purchase forthwith a temporary permit.18
Two hundred dollars shall be added to the cost of purchasing a temporary permit as19
a penalty.20
D. Payments for penalties under this Section shall be remitted to the21
Department of Transportation and Development commissioner. Such payment22
shall be made by certified check, money order, or credit card. If payment is23
made by credit card, the payment shall be deemed received by the commissioner24
when tendered and an approval code is obtained from the credit card company25
or credit card processor.26
E. All of such penalties collected by the secretary of the Department of27
Transportation and Development commissioner shall be paid into the state treasury28
on or before the twenty-fifth day of each month following their collection and, in29
accordance with Article VII, Section 9 of the constitution shall be credited to the30 SB NO. 635 ENROLLED
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Bond Security and Redemption Fund. However, after a sufficient amount of the1
penalties collected by the commissioner is allocated from the fund to pay all2
obligations secured by the full faith and credit of the state within any fiscal year,3
the treasurer shall pay an amount equal to the penalties paid into the Bond4
Security and Redemption Fund pursuant to the provisions of this Subsection5
into the Transportation Trust Fund created under Article VII, Section 27 of the6
Constitution of Louisiana.7
* * *8
§516. Vehicles improperly licensed; weighing, inspections and investigations;9
purchase of proper license required; penalty10
A. The commissioner, motor vehicle bureau enforcement officers or the11
division of state police, weights and standards police officers, of the Department of12
Transportation and Development or other proper legal authority, shall have the right13
and power at any time and place to investigate, in any lawful manner, and inspect,14
at any time and place, any vehicle, with respect to its registration, license, tax15
payment or other manner or thing contemplated by or provided for in this Chapter.16
To that end the commissioner may select, appoint or designate inspectors, acquire17
the necessary scales or other equipment incident to their functioning, and where18
necessary may cause the owner or driver of any vehicle to move the same or cause19
it to be moved, forthwith, to the nearest scales available in the direction of20
destination.21
B. * * *22
(2) Twenty-five percent of the annual price of the license or registration shall23
be added to the cost of purchasing the same as a penalty, which shall be in lieu of the24
penalties directed to be imposed by R.S. 47:508. There shall be credited against the25
price of this license or registration the price of the license or registration on the26
vehicle at the time of its unlawful operation. However, in lieu of impoundment and27
immediate purchase of license and registration, a Department of Transportation and28
Development stationary weights and standards enforcement police officer may issue29
a violation ticket in the amount of seventy-five dollars, in addition to any overweight30 SB NO. 635 ENROLLED
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penalties due as provided by R.S. 32:388, to any operator possessed of an improper1
Louisiana license and registration.2
* * *3
D. Whoever violates his promise to appear, purchase license plate and4
registration and pay any penalty assessed under Subsections B and C of this section5
shall be punished by a fine of not more than five hundred dollars, or by6
imprisonment for not more than ninety days, or both, and the driver's license or7
license plate shall be forwarded to the Department of Public Safety commissioner8
for suspension, revocation, and cancellation.9
* * *10
§718. Gasoline or motor fuel imported in a vehicle's reservoir and used within this11
state12
* * *13
B.(1) In order to enforce the provisions of this Section, the secretary or his14
authorized representative, or any commissioned officer employed by the office of15
state police or by the Department of Transportation and Development Department16
of Public Safety and Correction, public safety services, is empowered to stop any17
motor vehicle which appears to be operating with gasoline or motor fuel for the18
purpose of examining the invoices and for such other investigative purposes19
reasonably necessary to determine whether the vehicle is being operated in20
compliance with the provisions of this Section.21
* * *22
C. All penalties collected for violation of this Section shall be paid to the23
deputy secretary of the Department of Public Safety and Corrections, public safety24
services, or the Department of Transportation and Development, whichever agency25
issued the violation ticket, who shall pay said penalties into the state treasury on or26
before the twenty-fifth day of each month following their collection and, in27
accordance with Article VII, Section 9 of the Constitution of Louisiana shall be28
credited to the Bond Security and Redemption Fund. After a sufficient amount is29
allocated from that fund to pay all obligations secured by the full faith and credit of30 SB NO. 635 ENROLLED
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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
of the Weights and Standards Police Force.30 SB NO. 635 ENROLLED
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Section 8. Any legal proceeding, the statutory provisions for which are amended or1
repealed by the provisions of this Act, to which any agency or office is a party and which2
is filed, initiated, or otherwise pending before any court or hearing agency on the effective3
date of this Act, and all documents involved or affected by said legal proceeding shall retain4
their effectiveness and shall be continued in the name of the former agency. All further legal5
proceedings shall be in the name of the original party agency and Public Safety Services of6
the Department of Public Safety and Corrections shall be substituted for the original party7
agency without the necessity for amendment of any document to substitute the name of the8
department or the name or title of any subdivision or section of the department.9
Section 9. All employees engaged in the performance of the functions of the10
Weights and Standards stationary police force, the provisions of which are amended or11
transferred by this Act, are hereby assigned to Public Safety Services of the Department of12
Public Safety and Corrections and, shall insofar as practicable and necessary continue to13
perform duties heretofore assigned, subject to applicable state civil service laws, rules, and14
regulations.15
Section 10. The provisions of this Act shall not be construed in any manner which16
will impair the contractual or other obligations of any agency, office, or department of this17
state.18
Section 11. The provisions of this Act shall not be construed so as to limit the power19
or authority of any member of the office of state police as provided in R.S. 40:1379.20
Section 12. Any reference to the Weights and Standards Stationary Police Force or21
Weights and Standards Mobile Police Force, in any provision of law, including but not22
limited to provisions of Chapters 4 and 7 of Subtitle II of Title 47 of the Louisiana Revised23
Statutes of 1950, shall be understood to refer to the Weights and Standards Police Force of24
Public Safety Services of the Department of Public Safety and Corrections and the Louisiana25
State Law Institute shall make the necessary statutory changes in order to comply with the26
provisions of this Section.27
Section 13. All rules and regulations promulgated by Public Safety Services of the28
Department of Public Safety and Corrections relative to weight enforcement, payment, and29
collection procedures shall be adopted in accordance with the provisions of the Louisiana30 SB NO. 635 ENROLLED
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Administrative Procedure Act. Such rules and regulations shall make reference to the1
Sections or Subsections which they may interpret or apply.2
Section 14. The Department of Transportation and Development and the Department3
of Public Safety and Corrections, public safety services, shall report benchmark data4
annually to the House and Senate committees on transportation, highways, and public works5
in order to measure the effectiveness and efficiency of the transfer of the fixed-site scale6
responsibilities from the Department of Transportation and Development to the Department7
of Public Safety and Corrections, public safety services. Such report shall include any and8
all benchmark data including but not limited to the number of employees, expenditures, the9
number and dollar value of violations issued, the number and dollar value of penalties10
collected and deposited into the state treasury, and appropriations by the legislature to the11
Department of Public Safety and Corrections, public safety services, to perform such12
transferred function either by direct appropriation or interagency transfer. The report shall13
also reflect whether or not the transfer of the fixed-site scale responsibilities from the14
Department of Transportation and Development to the Department of Public Safety and15
Corrections, public safety services, achieves a savings of at least twenty-five percent in the16
second year through the consolidation of the responsibilities as directed by the Commission17
on Streamlining Government. The first report shall be presented not later than September18
1, 2010, which report shall include a base benchmark data set as of the effective date of19
Senate Bill 635 of the 2010 Regular Session of the Louisiana Legislature. Thereafter, the20
report shall be presented annually not later than September 1, 2011, and not later than21
September 1 of each fiscal year thereafter. 22
Section 15. This Act shall become effective on July 1, 2010.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: