HLS 12RS-1270 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 805
BY REPRESENTATIVE PONTI
PUBLIC SERVICE COMN: Provides with respect to the regulation of motor carriers
AN ACT1
To amend and reenact R.S. 45:162(12), (13), and (20)(b), 163(D)(1)(b), 164(C), (D), (E)(1)2
and (2)(a) and (b), 165, 169, 172(A)(3), and 179 and to repeal R.S. 45:163(E) and3
172(A)(4)(c), relative to the Louisiana Public Service Commission; to define4
"passenger carrying vehicle"; to correct a reference to Solid Waste Regulations; to5
require passenger carrying vehicles to have public liability and property damage6
insurance; to exclude passenger carrying vehicles from the requirement to prove7
public convenience and necessity; to change references to registration permit to8
common carrier certificate; to require a permanent establishment; to require9
registration of the permanent establishment; to authorize common carriers or waste10
carriers to also hold a certificate for the transportation of salt water; to correct11
references to certificate of convenience and necessity to common carrier certificate12
or contract carrier permit; to exempt from registration vehicles operated by Medicare13
and Medicaid providers; to provide for registration exemptions for certain motor14
vehicles; to repeal the duties of the Louisiana Public Service Commission with15
respect to the Louisiana Truck Center; to repeal a registration exemption for trucks16
or property carrying vehicles mainly located, operated, and employed within the17
corporate limits of one incorporated municipality; and to provide for related matters.18
Be it enacted by the Legislature of Louisiana:19
Section 1. R.S. 45:162(12), (13), and (20)(b), 163(D)(1)(b), 164(C), (D), (E)(1) and20
(2)(a) and (b), 165, 169, 172(A)(3), and 179 are hereby amended and reenacted to read as21
follows: 22 HLS 12RS-1270 ORIGINAL
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§162. Definitions1
The following words and phrases when used in this Chapter shall have the2
meanings ascribed to them in this Section except where a different meaning is3
expressly stated or clearly indicated by the context.4
* * *5
(12) "Limousine service" means a nonscheduled charter passenger service6
using vehicles which meet manufacturer's specifications for no more than fifteen7
passengers.8
(13) "Motor carriers" include both a common carrier by motor vehicle and9
contract carrier by motor vehicle, which transport household goods, passengers,10
waste intrastate, or any other classification of carriers created by law which11
transports household goods, passengers, or waste intrastate for compensation or hire.12
"Motor carriers" shall include tow trucks. "Motor carriers" shall not include contract13
carriers by bus; however, for purposes of R.S. 45:173 and 1177 only, a contract14
carrier by bus shall be considered a "motor carrier" subject to the control and15
jurisdiction of the Louisiana Public Service Commission.16
(13) "Passenger carrying vehicle" or "passenger service" means a17
nonscheduled charter passenger service using vehicles which meet manufacturer's18
specifications for no more than fifteen passengers.19
* * *20
(20) "Waste" means:21
* * *22
(b) "Non-hazardous industrial solid waste" means waste defined as non-23
hazardous industrial solid waste by the Louisiana Environmental Quality Act, R.S.24
30:2001 et seq., and Solid Waste Regulations adopted pursuant thereto25
(Environmental Regulator Code 33:VIII.101 33:VII.115 et seq.), disposed of at26
facilities not owned or operated by said transporters.27
* * *28 HLS 12RS-1270 ORIGINAL
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§163. Powers of commission; rates; insurance policies or bonds1
* * *2
D.(1) The commission shall require the following policies of insurance and3
indemnity bonds:4
* * *5
(b) Public liability and property damage insurance on trucks and passenger6
carrying vehicles operated by both common and contract carriers providing coverage7
of two hundred fifty thousand dollars for injury or death to any one person not to8
exceed five hundred thousand dollars per occurrence, and ten thousand dollars9
property damage. Public liability and property damage insurance for tow trucks or10
wreckers providing coverage of not less than five hundred thousand dollars11
combined single limits coverage.12
* * *13
§164. Common carrier's certificate; contract carrier's permit14
* * *15
C. Wrecker and towing services, limousine services passenger carrying16
vehicles, household goods movers, and motor carriers of salt water utilized in oil17
well exploration and production shall not be required to prove public convenience18
and necessity when applying for a common carrier certificate or contract carrier19
permit.20
D. Nothing in this Section shall be construed to affect any ordinance, enacted21
by a local governing authority and in effect on August 15, 1999, which requires any22
limousine service passenger carrying vehicle to prove public convenience and23
necessity as a requirement to operate within such parish or municipality.24
E.(1) All intrastate movers of household goods shall be required to apply for25
and secure a registration permit common carrier certificate from the Louisiana Public26
Service Commission, shall secure and maintain the insurance policies required by27
the Louisiana Public Service Commission for movers of household goods, shall28
comply with all other requirements of the Louisiana Public Service Commission,29 HLS 12RS-1270 ORIGINAL
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shall carry motor truck cargo carriers insurance of at least fifty thousand dollars per1
truck and one hundred thousand dollars per catastrophe, shall secure and maintain2
workers' compensation insurance, and shall file a surety bond by a qualified surety3
company with the Louisiana Public Service Commission in the amount of five4
thousand dollars, prior to engaging in any activities related to moving household5
goods.6
(2)(a) Any carrier whether domiciled in or outside of Louisiana, who is7
providing the intrastate transportation of household goods in Louisiana shall8
maintain a permanent establishment in the state Louisiana. A permanent9
establishment shall mean a fixed place of business through which the business of the10
carrier is wholly or partly carried on. The place of business shall be a particular11
building or physical location used by the carrier for the conduct of its business, and12
it shall be foreseeable that the carrier's use of this building or other physical location13
shall be more than temporary. The permanent establishment may include a place of14
management, a branch, an office, or a terminal. The permanent establishment may15
be operated by an employee of the carrier or an agent of the carrier provided that the16
agent has and habitually exercises the authority to conclude transportation contracts17
in the name of the carrier.18
(b) The Any carrier domiciled outside of Louisiana and providing the19
intrastate transportation of household goods in Louisiana shall register the name,20
address, and telephone number of its Louisiana permanent establishment, with the21
secretary of state and the Louisiana Public Service Commission. Service of process22
with respect to all civil, criminal, or administrative proceedings brought before any23
court or administrative agency located in the state may be served on the carrier at its24
permanent establishment, by any means provided by the applicable rules or25
procedure for that court or agency providing service of process.26
* * *27 HLS 12RS-1270 ORIGINAL
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§165. Holding of both certificate and permit prohibited1
No person shall at the same time hold, or operate under, both a common2
carrier certificate and a contract carrier permit; however, this provision shall not3
prohibit a carrier from holding a common carrier certificate or contract carrier permit4
of waste and also holding a certificate for the transportation of salt water utilized in5
oil well exploration and production.6
* * *7
§169. Fees; disposition; refunds; credits; prescription8
A. Every motor carrier as defined in R.S. 45:162(10) R.S. 45:162(12)9
regularly operating, or which shall regularly operate in the state, is hereby required10
to pay to the Louisiana Public Service Commission a special fee of ten dollars for11
each motor vehicle or combination of vehicles operated or to be operated by the12
motor carrier. This special fee shall be paid at the time of the issuance of a13
certificate of convenience and necessity common carrier certificate or contract14
carrier permit and shall be due each year thereafter between January first and15
February first; however, if the certificate of convenience and necessity is issued after16
January first of any year, the fee shall be prorated to the remaining portion of the17
year ending December thirty-first, but in no case shall the fee be less than one-fourth18
the annual fee. In case of emergency or unusual temporary demands for19
transportation, the fee for additional motor vehicles for a shorter period shall be fixed20
by the commission in such reasonable amounts as may be prescribed by general rule21
or temporary order. Every application for a certificate of convenience and necessity22
common carrier certificate or contract carrier permit shall be accompanied by a filing23
fee of fifty dollars and every application for a permit shall be accompanied by a24
filing fee of twenty-five dollars, which fees shall be in addition to other fees and25
taxes and shall be retained by the commission whether the certificate of convenience26
and necessity common carrier certificate or contract carrier permit be granted or not.27 HLS 12RS-1270 ORIGINAL
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B. If there has been an overpayment or a payment where no fee was due, the1
commission may credit the whole amount, or any portion of the payment to other2
liabilities of the taxpayer to the commission. If no fees or other charges are due, the3
commission shall make a refund of the payment out of current collections. The4
commission is not required to make a refund of less than one dollar. All rights to5
refunds or credits shall prescribe in three years from the 31
st
thirty-first day of6
December in the year in which the tax fee was due.7
* * *8
§172. Exemptions9
Nothing in R.S. 45:161 through R.S. 45:171 shall apply to:10
A. Persons engaged in operating:11
* * *12
(3) Funeral cars or ambulances, including vehicles operated by Medicaid or13
Medicare providers used exclusively for commercial nonemergency medical14
transportation.15
* * *16
§179. Unlawful purchase or use of registration certificate or license plate17
No Except as provided for in R.S. 45:172(A)(4), no person engaged in the18
business of a common carrier or contract carrier shall purchase or use a registration19
certificate or license plate on any motor vehicle operated by him in conducting such20
business without presenting to the vehicle commissioner or the public official21
charged with the selling and issuing of license plates and registration certificates, a22
certificate from the Louisiana Public Service Commission certifying that he is23
entitled to use the license plate or registration certificate. 24
Section 2. R.S. 45:163(E) and 172(A)(4)(c) are hereby repealed in their entirety.25 HLS 12RS-1270 ORIGINAL
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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)]
Ponti HB No. 805
Abstract: Makes changes to the regulation of motor carriers, including common and
contract carriers, passenger carrying vehicles, and household goods movers, by the
La. Public Service Commission.
Present law defines "limousine service" as a nonscheduled charter passenger service using
vehicles which meet manufacturer's specifications for no more than fifteen passengers.
Proposed law repeals present law.
Proposed law defines "passenger carrying vehicle" or "passenger service" as a nonscheduled
charter passenger service using vehicles which meet manufacturer's specifications for no
more than 15 passengers.
Present law provides that "non-hazardous industrial solid waste" is waste defined as non-
hazardous industrial solid waste by the La. Environmental Quality Act, R.S. 30:2001 et seq.
and Solid Waste Regulations (Environmental Regulator Code 33:VIII.101 et seq.), disposed
of at facilities not owned or operated by said transporters.
Proposed law retains present law but changes the citation for the Environmental Regulator
Code to 33:VII.115.
Present law provides that the commission shall require public liability and property damage
insurance on trucks operated by both common and contract carriers providing coverage of
$250,000 for injury or death to any one person not to exceed $500,000 per occurrence, and
$10,000 property damage and public liability and property damage insurance for tow trucks
or wreckers providing coverage of not less than $500,000 combined single limits coverage.
Proposed law retains present law and adds passenger carrying vehicles operated by both
common and contract carriers to the list of those who shall carry public liability and property
damage insurance.
Present law provides that wrecker and towing services, limousine services, and motor
carriers of salt water utilized in oil well exploration and production shall not be required to
prove public convenience and necessity when applying for a common carrier certificate or
contract carrier permit.
Proposed law retains present law but deletes limousine services and adds passenger carrying
vehicles and household goods movers.
Present law provides that nothing in present law shall be construed to affect any ordinance,
enacted by a local governing authority and in effect on Aug. 15, 1999, which requires any
limousine service to prove public convenience and necessity as a requirement to operate
within such parish or municipality.
Proposed law retains present law but changes limousine service to passenger carrying
vehicle.
Present law requires all intrastate movers of household goods to apply for and secure a
registration permit from the La. Public Service Commission (LPSC). HLS 12RS-1270 ORIGINAL
HB NO. 805
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are additions.
Proposed law retains present law but changes registration permit to common carrier
certificate.
Present law requires any carrier providing the intrastate transportation of household goods
to maintain a permanent establishment in the state.
Proposed law retains present law but specifies that present law applies to carriers domiciled
in or outside of La. and providing the intrastate transportation of household goods in La..
Present law requires the carrier to register the address and telephone number of its permanent
establishment with the secretary of state and the LPSC.
Proposed law requires any carrier domiciled outside of La. and providing the intrastate
transportation of household goods in La. to register the name, address, and telephone number
of its La. permanent establishment with the secretary of state and the LPSC.
Present law prohibits a person from holding at the same time, or operating under, both a
common carrier certificate and a contract carrier permit.
Proposed law retains present law but adds that present law shall not prohibit a carrier from
holding a common carrier certificate or contract carrier permit of waste and also holding a
certificate for the transportation of salt water utilized in oil well exploration and production.
Present law requires every motor carrier regularly operating, or which shall regularly operate
in the state, to pay to the LPSC a special fee of $10 for each motor vehicle or combination
of vehicles operated or to be operated by the motor carrier.
Present law requires the special fee to be paid at the time of the issuance of a certificate of
convenience and necessity and to be due each year thereafter between Jan. 1 and Feb. 1;
however, if the certificate of convenience and necessity is issued after Jan. 1 of any year, the
fee shall be prorated to the remaining portion of the year ending Dec. 31, but in no case shall
the fee be less than 1/4 the annual fee.
Proposed law changes certificate of convenience and necessity to common carrier certificate
or contract carrier permit and deletes the requirement that the fee be prorated.
Present law requires every application for a certificate of convenience and necessity to be
accompanied by a filing fee of $50 and every application for a permit to be accompanied by
a filing fee of $25, which fees shall be in addition to other fees and taxes and shall be
retained by the commission whether the certificate of convenience and necessity be granted
or not.
Proposed law retains present law but changes certificate of convenience and necessity to
common carrier certificate or contract carrier permit.
Present law provides that, if there has been an overpayment or a payment where no fee was
due, the LPSC may credit the whole amount, or any portion of the payment to other
liabilities of the taxpayer to the commission. Present law further requires the LPSC, if no
fees or other charges are due, to make a refund of the payment out of current collections.
The LPSC is not required to make a refund of less than $1 and all rights to refunds or credits
shall prescribe in three years from the 31st day of Dec. in the year in which the tax was due.
Proposed law retains present law but changes tax to fee.
Present law provides that present law shall not apply to funeral cars or ambulances,
including vehicles used exclusively for commercial nonemergency medical transportation. HLS 12RS-1270 ORIGINAL
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Proposed law retains present law but specifies that the exempted vehicles used exclusively
for commercial nonemergency medical transportation are those operated by Medicaid or
Medicare providers.
Present law provides that no person engaged in the business of a common carrier or contract
carrier shall purchase or use a registration certificate or license plate on any motor vehicle
operated by him in conducting such business without presenting to the vehicle commissioner
or the public official charged with the selling and issuing of license plates and registration
certificates, a certificate from the LPSC certifying that he is entitled to use the license plate
or registration certificate.
Proposed law retains present law but provides that those common carriers and contract
carriers exempted from regulation by the LPSC are exempted from present law.
Present law requires the LPSC to provide the personnel and equipment required to fully
implement the provisions of present law establishing the La. Truck Center as it relates to the
licensing activities of the LPSC.
Proposed law repeals present law.
Present law exempts passenger carrying vehicles, if operated within the limits of the parish
of their domicile or if the major portion of their operations are conducted within the
corporate limits of one municipality, from regulation by the LPSC.
Proposed law repeals present law.
(Amends R.S. 45:162(12), (13), and (20)(b), 163(D)(1)(b), 164(C), (D), (E)(1) and (2)(a) and
(b), 165, 169, 172(A)(3), and 179; Repeals R.S. 45:163(E) and 172(A)(4)(c))