HLS 11RS-635 ORIGINAL 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. 278 BY REPRESENTATIVE MONICA Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. MTR VEHICLE/TRAILERS: Requires trailers with a certain gross weight capacity to be equipped with a safety device AN ACT1 To amend and reenact R.S. 32:384(D) and (E)(1)(introductory paragraph) and to enact R.S.2 32:384(E)(1)(d), relative to trailers and towed vehicles; to require trailers with a3 certain gross weight capacity to be equipped with a safety device; to provide for4 applicability; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 32:384(D) and (E)(1)(introductory paragraph) is hereby amended and7 reenacted and R.S. 32:384(E)(1)(d) is hereby enacted to read as follows:8 ยง384. Trailers and towed vehicles9 * * *10 D.(1) Every trailer and semitrailer with a loaded gross weight capacity of up11 to six thousand pounds shall be equipped with safety chains or other safety device12 approved in accordance with Subsection E of this Section. The safety chains or other13 approved safety device shall be securely attached to the towing vehicle when the14 trailer or semitrailer is in motion and shall be of sufficient strength to hold the trailer15 behind the towing vehicle in case the connection between the two vehicles detaches.16 (2) After January 1, 2012, the owner or operator of every trailer or17 semitrailer with a loaded gross weight capacity of up to ten thousand pounds shall18 equip his trailer or semitrailer with a safety device, approved in accordance with19 Subsection E of this Section, prior to registering the trailer or semitrailer for the first20 HLS 11RS-635 ORIGINAL HB NO. 278 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. time only. The approved safety device shall be securely attached to the towing1 vehicle when the trailer is in motion on a public road or highway and shall be of2 sufficient strength to hold the trailer behind the towing vehicle in case the connection3 between the two vehicles detaches. This Subsection shall not be applicable to trailers4 or semitrailers when the trailer is not in motion on a public road or highway and is5 used solely for farm purposes. This Subsection shall only apply to trailers or6 semitrailers registered in Louisiana for the first time after January 1, 2012. This7 Subsection shall not apply to trailers or semitrailers registered pursuant to transfers8 after January 1, 2012.9 (3) After January 1, 2012, no private entity shall sell or offer for sale any10 newly manufactured trailer or semitrailer unless such trailer or semitrailer is11 equipped with a safety device approved in accordance with Subsection E of this12 Section.13 E.(1) The Department of Public Safety and Corrections, office of state14 police, shall have the authority to approve safety devices , other than safety chains15 excluding safety chains, to be used when towing trailers or semitrailers. The16 approval of a safety device shall be in writing. Any such device shall be inspected17 by the office of state police before written approval is given. The following criteria18 shall be considered in making the determination of whether or not to approve such19 safety device, as an alternative to safety chains excluding safety chains:20 * * *21 (d) The safety device shall have a stamp or a permanent label attached to the22 safety device and be applicable to the size of the load capacity of the trailer.23 * * *24 HLS 11RS-635 ORIGINAL HB NO. 278 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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)] Monica HB No. 278 Abstract: Requires trailers and semitrailers with a certain gross weight capacity newly registered in La. after Jan. 1, 2012, to be equipped with a safety device. Present law requires every trailer and semitrailer with a loaded gross weight capacity of up to 6,000 pounds to be equipped with safety chains or other safety device approved by DPS&C. Proposed law retains present law for trailers and semitrailers currently registered. Proposed law requires all semitrailers and trailers to a loaded gross weight capacity of up to 10,000 pounds newly registered after Jan. 1, 2012, to be equipped with an approved safety device. Proposed law provides that after Jan. 1, 2012, no private entity shall sell or offer for sale any newly manufactured trailer or semitrailer unless such trailer or semitrailer is equipped with an approved safety device. Present law allows DPS&C, office of state police, to approve safety devices other than safety chains to be used when towing trailers or semitrailers. Requires the approval by the office of state police of the safety device to be in writing. Proposed law allows DPS&C, office of state police, to approve safety devices excluding safety chains to be used when towing trailers or semitrailers. Requires the approval by the office of state police of the safety device to be in writing. Proposed law provides that any safety device approved by DPS&C, office of state police, will have a stamp or a permanent label attached to the safety device and be applicable to the size of the load capacity of the trailer. Proposed law provides that the provisions of proposed law shall not apply to trailers when the trailer is not in motion on a public road or highway and is used solely for farm purposes. (Amends R.S. 32:384(D) and (E)(1)(intro. para.); Adds R.S. 32:384(E)(1)(d))