HLS 11RS-587 REENGROSSED
Page 1 of 3
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), relative to2
driver's license suspensions and revocations; to provide for economic and medical3
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) are hereby6
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 415, said the person, after initial notice11
from the department, shall have the right to apply to the department for a restricted12
license. In the event that the department fails or refuses to issue the restricted13
license, the person shall have the right to file a petition for a restricted driver's14
license in the district court of the parish in which the applicant is domiciled alleging.15
Such application or petition for a restricted license shall allege that revocation of his16
driving privileges will deprive him or his family of the necessities of life, will17
prevent him from earning a livelihood, or prevent him from obtaining proper medical18
treatment if disabled. The district court is vested with jurisdiction to set the matter19
for contradictory hearing in open court upon ten days written notice to the20
department, and thereupon to determine whether the allegations of hardship have21 HLS 11RS-587 REENGROSSED
HB NO. 253
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
merit. Upon determination by the department or the court that the lack of a license1
would deprive the person or his family of the necessities of life or prevent the2
licensee from obtaining proper medical treatment if disabled, the department may3
grant or the court may order that the person be granted, by the department, a4
restricted license to enable the person to continue to support his family or to obtain5
such medical treatment as provided for in this Section. The restrictions of said6
license shall be determined by the department or the court and shall include the7
following:8
* * *9
(c) During the period of suspension, licensee shall be responsible for10
applying to the court in the event that either earning his livelihood or treatment of his11
debilitative condition as provided for in Subparagraph (e) of this Paragraph12
necessitates a change in the original restrictions proposed by the department or the13
court.14
* * *15
(f) In addition to any other restrictions determined necessary and proper by16
the department or the court, a license ordered issued and restricted under this Section17
must include the requirement of installation and maintenance of an ignition interlock18
device upon a motor vehicle to be used by the licensee during the course of the term19
of the restricted license, when the suspension of driving privileges arises from20
operating a vehicle under the influence of alcoholic beverages.21
* * *22
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. HLS 11RS-587 REENGROSSED
HB NO. 253
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical changes.
2. Made changes to clarify that proposed law provides that upon suspension,
revocation, or cancellation of a driver's license for the first time only, a person
can apply to the department for a restricted driver's license.