Louisiana 2011 Regular Session

Louisiana House Bill HB278 Latest Draft

Bill / Introduced Version

                            HLS 11RS-635	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. 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
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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
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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))