HLS 11RS-587 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 253
BY REPRESENTATIVE CHAMPAGNE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/DRIVER LIC: Authorizes a driving under suspension hardship license for
non-alcohol related offenses
AN ACT1
To amend and reenact R.S. 32:415.1(A)(1)(introductory paragraph), (c), and (f) and (C),2
relative to driver's license suspensions and revocations; to provide for economic and3
medical hardship license application procedures; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:415.1(A)(1)(introductory paragraph), (c), and (f) and (C) are6
hereby amended and reenacted to read as follows:7
ยง415.1. Economic and medical hardship appeal of driver's license suspension8
A.(1) Except as provided in R.S. 32:378.2(A), 414, and 415(B)(2), upon9
suspension, revocation, or cancellation of a person's driver's license for the first time10
only as provided for under R.S. 32:414 and 32:415, said person, after initial notice11
from the department, shall have the right for the first time only to apply to the12
department for a restricted license. Upon the second suspension, revocation, or13
cancellation of a person's driving privileges under R.S. 32:415, the person shall after14
initial notice from the department, have the right to file a petition in the district court15
of the parish in which the applicant is domiciled alleging, for a restricted driver's16
license. There shall be no restricted driver's license issued upon a third or17
subsequent suspension, revocation, or cancellation of driving privileges under R.S.18
32:415. Such application or petition for a restricted license shall allege that19
revocation of his driving privileges will deprive him or his family of the necessities20 HLS 11RS-587 ORIGINAL
HB NO. 253
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of life, will prevent him from earning a livelihood, or prevent him from obtaining1
proper medical treatment if disabled. The district court is vested with jurisdiction2
to set the matter for contradictory hearing in open court upon ten days written notice3
to the department, and thereupon to determine whether the allegations of hardship4
have merit. Upon determination by the department or the court that the lack of a5
license would deprive the person or his family of the necessities of life or prevent the6
licensee from obtaining proper medical treatment if disabled, the department may7
grant or the court may order that the person be granted, by the department, a8
restricted license to enable the person to continue to support his family or to obtain9
such medical treatment as provided for in this Section. The restrictions of said10
license shall be determined by the department or the court and shall include the11
following:12
* * *13
(c) During the period of suspension, licensee shall be responsible for14
applying to the court in the event that either earning his livelihood or treatment of his15
debilitative condition as provided for in Subparagraph (e) of this Paragraph16
necessitates a change in the original restrictions proposed by the department or the17
court.18
* * *19
(f) In addition to any other restrictions determined necessary and proper by20
the department or the court, a license ordered issued and restricted under this Section21
must include the requirement of installation and maintenance of an ignition interlock22
device upon a motor vehicle to be used by the licensee during the course of the term23
of the restricted license, when the suspension of driving privileges arises from24
operating a vehicle under the influence of alcoholic beverages.25
* * *26
C. A violation of the restrictions or a subsequent conviction of any offense27
involving the operation of a motor vehicle or watercraft during the term of the28
restricted license shall result in the extension of the period of suspension, revocation,29 HLS 11RS-587 ORIGINAL
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are additions.
or cancellation for one year from the date upon which the licensee would otherwise1
have been able to apply for new license and shall also constitute contempt of court.2
Suspension, revocation, or cancellation that results from such a violation shall not3
be subject to appeal as set forth in this Section. Except as provided in R.S.4
32:378.2(B), restricted driving privileges for this Section may be allowed to a person5
only once twice.6
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Champagne HB No. 253
Abstract: Provides for procedures for obtaining a restricted driver's license.
Present law provides that upon suspension, revocation, or cancellation of a person's driver's
license for the first time only under the provisions of present law, a person shall have the
right to file a petition in the district court of the parish in which the applicant is domiciled.
Proposed law changes present law to provide that upon suspension, revocation, or
cancellation of a driver's license for the first time only, a person shall apply to the
department for a restricted driver's license.
Proposed law requires that upon the second suspension, revocation, or cancellation of a
person's driver's license the person shall file a petition in the district court of the parish in
which the applicant is domiciled.
Proposed law prohibits issuance of a restricted driver's license for a third or subsequent
suspension, revocation, or cancellation of driving privileges.
Present law provides that the court shall make the determination on the restrictions of the
hardship license.
Proposed law retains present law except that it also allows the department to make the
determination on the restrictions of the hardship license.
(Amends R.S. 32:415.1(A)(1)(intro. para.), (c), and (f) and (C))