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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(2), (12), (13), and (20)(b), 163(D)(1)(b), 164(C), (D),2
(E)(1) and (2)(a) and (b), 165, 169, 172(A)(3), and 179 and to repeal R.S. 45:163(E)3
and 172(A)(4)(c), relative to the Louisiana Public Service Commission; to define4
"certificate"; to define "passenger carrying vehicle"; to correct a reference to Solid5
Waste Regulations; to require passenger carrying vehicles to have public liability and6
property damage insurance; to exclude passenger carrying vehicles from the7
requirement to prove public convenience and necessity; to change references to8
registration permit to common carrier certificate; to require a permanent9
establishment; to require registration of the permanent establishment; to authorize10
common carriers or waste carriers to also hold a certificate for the transportation of11
salt water; to correct references to certificate of convenience and necessity to12
common carrier certificate or contract carrier permit; to exempt from registration13
vehicles operated by Medicare and Medicaid providers; to provide for registration14
exemptions for certain motor vehicles; to repeal the duties of the Louisiana Public15
Service Commission with respect to the Louisiana Truck Center; to repeal a16
registration exemption for trucks or property carrying vehicles mainly located,17
operated, and employed within the corporate limits of one incorporated municipality;18
and to provide for related matters.19 HLS 12RS-1270 ENGROSSED
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 45:162(2), (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 are hereby amended and reenacted to read3
as follows: 4
§162. Definitions5
The following words and phrases when used in this Chapter shall have the6
meanings ascribed to them in this Section except where a different meaning is7
expressly stated or clearly indicated by the context.8
* * *9
(2) "Certificate" means a certificate of public convenience and necessity10
issued to intrastate transporters of household goods or waste, which shall not include11
transporters of salt water utilized in oil well exploration or production, by motor12
vehicle, and intrastate transporters of passengers by motor vehicle, other than13
contract carriers by bus, under the permission issued, pursuant to the terms of R.S.14
45:161 through 172 and 180.1, to common carriers by motor vehicles, including the15
public convenience and necessity issued pursuant to R.S. 45:164(A).16
* * *17
(12) "Limousine service" means a nonscheduled charter passenger service18
using vehicles which meet manufacturer's specifications for no more than fifteen19
passengers.20
(13) "Motor carriers" include both a common carrier by motor vehicle and21
contract carrier by motor vehicle, which transport household goods, passengers,22
waste intrastate, or any other classification of carriers created by law which23
transports household goods, passengers, or waste intrastate for compensation or hire.24
"Motor carriers" shall include tow trucks. "Motor carriers" shall not include contract25
carriers by bus; however, for purposes of R.S. 45:173 and 1177 only, a contract26
carrier by bus shall be considered a "motor carrier" subject to the control and27
jurisdiction of the Louisiana Public Service Commission.28 HLS 12RS-1270 ENGROSSED
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(13) "Passenger carrying vehicle" or "passenger service" means a1
nonscheduled charter passenger service using vehicles which meet manufacturer's2
specifications for no more than fifteen passengers.3
* * *4
(20) "Waste" means:5
* * *6
(b) "Non-hazardous industrial solid waste" means waste defined as non-7
hazardous industrial solid waste by the Louisiana Environmental Quality Act, R.S.8
30:2001 et seq., and Solid Waste Regulations adopted pursuant thereto9
(Environmental Regulator Code 33:VIII.101 33:VII.115 et seq.), disposed of at10
facilities not owned or operated by said transporters.11
* * *12
§163. Powers of commission; rates; insurance policies or bonds13
* * *14
D.(1) The commission shall require the following policies of insurance and15
indemnity bonds:16
* * *17
(b) Public liability and property damage insurance on trucks and passenger18
carrying vehicles operated by both common and contract carriers providing coverage19
of two hundred fifty thousand dollars for injury or death to any one person not to20
exceed five hundred thousand dollars per occurrence, and ten thousand dollars21
property damage. Public liability and property damage insurance for tow trucks or22
wreckers providing coverage of not less than five hundred thousand dollars23
combined single limits coverage.24
* * *25
§164. Common carrier's certificate; contract carrier's permit26
* * *27
C. Wrecker and towing services, limousine services passenger carrying28
vehicles, household goods movers, and motor carriers of salt water utilized in oil29 HLS 12RS-1270 ENGROSSED
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well exploration and production shall not be required to prove public convenience1
and necessity when applying for a common carrier certificate or contract carrier2
permit.3
D. Nothing in this Section shall be construed to affect any ordinance, enacted4
by a local governing authority and in effect on August 15, 1999, which requires any5
limousine service passenger carrying vehicle to prove public convenience and6
necessity as a requirement to operate within such parish or municipality.7
E.(1) All intrastate movers of household goods shall be required to apply for8
and secure a registration permit common carrier certificate from the Louisiana Public9
Service Commission, shall secure and maintain the insurance policies required by10
the Louisiana Public Service Commission for movers of household goods, shall11
comply with all other requirements of the Louisiana Public Service Commission,12
shall carry motor truck cargo carriers insurance of at least fifty thousand dollars per13
truck and one hundred thousand dollars per catastrophe, shall secure and maintain14
workers' compensation insurance, and shall file a surety bond by a qualified surety15
company with the Louisiana Public Service Commission in the amount of five16
thousand dollars, prior to engaging in any activities related to moving household17
goods.18
(2)(a) Any carrier whether domiciled in or outside of Louisiana, who is19
providing the intrastate transportation of household goods in Louisiana shall20
maintain a permanent establishment in the state Louisiana. A permanent21
establishment shall mean a fixed place of business through which the business of the22
carrier is wholly or partly carried on. The place of business shall be a particular23
building or physical location used by the carrier for the conduct of its business, and24
it shall be foreseeable that the carrier's use of this building or other physical location25
shall be more than temporary. The permanent establishment may include a place of26
management, a branch, an office, or a terminal. The permanent establishment may27
be operated by an employee of the carrier or an agent of the carrier provided that the28 HLS 12RS-1270 ENGROSSED
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agent has and habitually exercises the authority to conclude transportation contracts1
in the name of the carrier.2
(b) The Any carrier domiciled outside of Louisiana and providing the3
intrastate transportation of household goods in Louisiana shall register the name,4
address, and telephone number of its Louisiana permanent establishment, with the5
secretary of state and the Louisiana Public Service Commission. Service of process6
with respect to all civil, criminal, or administrative proceedings brought before any7
court or administrative agency located in the state may be served on the carrier at its8
permanent establishment, by any means provided by the applicable rules or9
procedure for that court or agency providing service of process.10
* * *11
§165. Holding of both certificate and permit prohibited12
No person shall at the same time hold, or operate under, both a common13
carrier certificate and a contract carrier permit; however, this provision shall not14
prohibit a carrier from holding a common carrier certificate or contract carrier permit15
of waste and also holding a certificate for the transportation of salt water utilized in16
oil well exploration and production.17
* * *18
§169. Fees; disposition; refunds; credits; prescription19
A. Every motor carrier as defined in R.S. 45:162(10) R.S. 45:162(12)20
regularly operating, or which shall regularly operate in the state, is hereby required21
to pay to the Louisiana Public Service Commission a special fee of ten dollars for22
each motor vehicle or combination of vehicles operated or to be operated by the23
motor carrier. This special fee shall be paid at the time of the issuance of a24
certificate of convenience and necessity common carrier certificate or contract25
carrier permit and shall be due each year thereafter between January first and26
February first; however, if the certificate of convenience and necessity is issued after27
January first of any year, the fee shall be prorated to the remaining portion of the28
year ending December thirty-first, but in no case shall the fee be less than one-fourth29 HLS 12RS-1270 ENGROSSED
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the annual fee. In case of emergency or unusual temporary demands for1
transportation, the fee for additional motor vehicles for a shorter period shall be fixed2
by the commission in such reasonable amounts as may be prescribed by general rule3
or temporary order. Every application for a certificate of convenience and necessity4
common carrier certificate or contract carrier permit shall be accompanied by a filing5
fee of fifty dollars and every application for a permit shall be accompanied by a6
filing fee of twenty-five dollars, which fees shall be in addition to other fees and7
taxes and shall be retained by the commission whether the certificate of convenience8
and necessity common carrier certificate or contract carrier permit be granted or not.9
B. If there has been an overpayment or a payment where no fee was due, the10
commission may credit the whole amount, or any portion of the payment to other11
liabilities of the taxpayer carrier to the commission. If no fees or other charges are12
due, the commission shall make a refund of the payment out of current collections.13
The commission is not required to make a refund of less than one dollar. All rights14
to refunds or credits shall prescribe in three years from the 31
st
thirty-first day of15
December in the year in which the tax fee was due.16
* * *17
§172. Exemptions18
Nothing in R.S. 45:161 through R.S. 45:171 shall apply to:19
A. Persons engaged in operating:20
* * *21
(3) Funeral cars or ambulances, including vehicles operated by Medicaid or22
Medicare providers used exclusively for commercial nonemergency medical23
transportation.24
* * *25
§179. Unlawful purchase or use of registration certificate or license plate26
No Except as provided for in R.S. 45:172(A)(4), no person engaged in the27
business of a common carrier or contract carrier shall purchase or use a registration28
certificate or license plate on any motor vehicle operated by him in conducting such29 HLS 12RS-1270 ENGROSSED
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business without presenting to the vehicle commissioner or the public official1
charged with the selling and issuing of license plates and registration certificates, a2
certificate from the Louisiana Public Service Commission certifying that he is3
entitled to use the license plate or registration certificate. 4
Section 2. R.S. 45:163(E) and 172(A)(4)(c) are hereby repealed in their entirety.5
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 "certificate" as a certificate of public convenience and necessity issued
to intrastate transporters of household goods or waste, which shall not include transporters
of salt water utilized in oil well exploration or production, by motor vehicle, and intrastate
transporters of passengers by motor vehicle, other than contract carriers by bus.
Proposed law defines "certificate" as the permission issued, pursuant to the terms of
proposed law, to common carriers by motor vehicles, including the public convenience and
necessity issued pursuant to proposed law.
Present law defines "limousine service" as a nonscheduled charter passenger service using
vehicles which meet manufacturer's specifications for no more than 15 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. HLS 12RS-1270 ENGROSSED
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are additions.
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).
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 HLS 12RS-1270 ENGROSSED
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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 taxpayer to carrier and 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.
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(2), (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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Made technical corrections.
2. Changed the definition of certificate.
3. Changed a reference from taxpayer to carrier.