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ACT No. 804
Regular Session, 2012
HOUSE BILL NO. 805
BY REPRESENTATIVE PONTI
AN ACT1
To amend and reenact R.S. 45:162(2), (12), (13), (14), and (20)(b), 163(D)(1)(b), 164(C),2
(D), (E)(1) and (2)(a) and (b), 165, 169, 172(A)(3), and 179 and to repeal R.S.3
45:163(E) and 172(A)(4)(c), relative to the Louisiana Public Service Commission;4
to define "certificate"; to define "passenger carrying vehicle"; to correct a reference5
to Solid Waste Regulations; to require passenger carrying vehicles to have public6
liability and property damage insurance; to exclude passenger carrying vehicles from7
the 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
Be it enacted by the Legislature of Louisiana:20
Section 1. R.S. 45:162(2), (12), (13), (14), and (20)(b), 163(D)(1)(b), 164(C), (D),21
(E)(1) and (2)(a) and (b), 165, 169, 172(A)(3), and 179 are hereby amended and reenacted22
to read as follows: 23 ENROLLEDHB NO. 805
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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
(2) "Certificate" means a certificate of public convenience and necessity6
issued to intrastate transporters of household goods or waste, which shall not include7
transporters of salt water utilized in oil well exploration or production, by motor8
vehicle, and intrastate transporters of passengers by motor vehicle, other than9
contract carriers by bus, under the permission issued, pursuant to the terms of R.S.10
45:161 through 172 and 180.1, to common carriers by motor vehicles.11
* * *12
(12) "Limousine service" means a nonscheduled charter passenger service13
using vehicles which meet manufacturer's specifications for no more than fifteen14
passengers.15
(13) "Motor carriers" include both a common carrier by motor vehicle and16
contract carrier by motor vehicle, which transport household goods, passengers,17
waste intrastate, or any other classification of carriers created by law which18
transports household goods, passengers, or waste intrastate for compensation or hire.19
"Motor carriers" shall include tow trucks. "Motor carriers" shall not include contract20
carriers by bus; however, for purposes of R.S. 45:173 and 1177 only, a contract21
carrier by bus shall be considered a "motor carrier" subject to the control and22
jurisdiction of the Louisiana Public Service Commission.23
(13) "Passenger carrying vehicle" or "passenger service" means a24
nonscheduled charter passenger service using vehicles which meet manufacturer's25
specifications for no more than fifteen passengers.26
(14) "Permit" means the permission issued under the terms of R.S. 45:16127
through 45:172 and 180.1, to contract carriers by motor vehicle.28
* * *29 ENROLLEDHB NO. 805
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(20) "Waste" means:1
* * *2
(b) "Non-hazardous industrial solid waste" means waste defined as non-3
hazardous industrial solid waste by the Louisiana Environmental Quality Act, R.S.4
30:2001 et seq., and Solid Waste Regulations adopted pursuant thereto5
(Environmental Regulator Louisiana Administrative Code 33:VIII.101 33.VII.1016
et seq.), disposed of at facilities not owned or operated by said transporters.7
* * *8
§163. Powers of commission; rates; insurance policies or bonds9
* * *10
D.(1) The commission shall require the following policies of insurance and11
indemnity bonds:12
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(b) Public liability and property damage insurance on trucks and passenger14
carrying vehicles operated by both common and contract carriers providing coverage15
of two hundred fifty thousand dollars for injury or death to any one person not to16
exceed five hundred thousand dollars per occurrence, and ten thousand dollars17
property damage. Public liability and property damage insurance for tow trucks or18
wreckers providing coverage of not less than five hundred thousand dollars19
combined single limits coverage.20
* * *21
§164. Common carrier's certificate; contract carrier's permit22
* * *23
C. Wrecker and towing services, limousine services passenger carrying24
vehicles, household goods movers, and motor carriers of salt water utilized in oil25
well exploration and production shall not be required to prove public convenience26
and necessity when applying for a common carrier certificate or contract carrier27
permit.28 ENROLLEDHB NO. 805
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D. Nothing in this Section shall be construed to affect any ordinance, enacted1
by a local governing authority and in effect on August 15, 1999, which requires any2
limousine service passenger carrying vehicle to prove public convenience and3
necessity as a requirement to operate within such parish or municipality.4
E.(1) All intrastate movers of household goods shall be required to apply for5
and secure a registration permit common carrier certificate from the Louisiana Public6
Service Commission, shall secure and maintain the insurance policies required by7
the Louisiana Public Service Commission for movers of household goods, shall8
comply with all other requirements of the Louisiana Public Service Commission,9
shall carry motor truck cargo carriers insurance of at least fifty thousand dollars per10
truck and one hundred thousand dollars per catastrophe, shall secure and maintain11
workers' compensation insurance, and shall file a surety bond by a qualified surety12
company with the Louisiana Public Service Commission in the amount of five13
thousand dollars, prior to engaging in any activities related to moving household14
goods.15
(2)(a) Any carrier whether domiciled in or outside of Louisiana, who is16
providing the intrastate transportation of household goods in Louisiana shall17
maintain a permanent establishment in the state Louisiana. A permanent18
establishment shall mean a fixed place of business through which the business of the19
carrier is wholly or partly carried on. The place of business shall be a particular20
building or physical location used by the carrier for the conduct of its business, and21
it shall be foreseeable that the carrier's use of this building or other physical location22
shall be more than temporary. The permanent establishment may include a place of23
management, a branch, an office, or a terminal. The permanent establishment may24
be operated by an employee of the carrier or an agent of the carrier provided that the25
agent has and habitually exercises the authority to conclude transportation contracts26
in the name of the carrier.27
(b) The Any carrier domiciled outside of Louisiana and providing the28
intrastate transportation of household goods in Louisiana shall register the name,29
address, and telephone number of its Louisiana permanent establishment, with the30 ENROLLEDHB NO. 805
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secretary of state and the Louisiana Public Service Commission. Service of process1
with respect to all civil, criminal, or administrative proceedings brought before any2
court or administrative agency located in the state may be served on the carrier at its3
permanent establishment, by any means provided by the applicable rules or4
procedure for that court or agency providing service of process.5
* * *6
§165. Holding of both certificate and permit prohibited7
No person shall at the same time hold, or operate under, both a common8
carrier certificate and a contract carrier permit; however, this provision shall not9
prohibit a carrier from holding a common carrier certificate or contract carrier permit10
of waste and also holding a certificate for the transportation of salt water utilized in11
oil well exploration and production.12
* * *13
§169. Fees; disposition; refunds; credits; prescription14
A. Every motor carrier as defined in R.S. 45:162(10) R.S. 45:162 regularly15
operating, or which shall regularly operate in the state, is hereby required to pay to16
the Louisiana Public Service Commission a special fee of ten dollars for each motor17
vehicle or combination of vehicles operated or to be operated by the motor carrier.18
This special fee shall be paid at the time of the issuance of a certificate of19
convenience and necessity common carrier certificate or contract carrier permit and20
shall be due each year thereafter between January first and February first; however,21
if the certificate of convenience and necessity is issued after January first of any22
year, the fee shall be prorated to the remaining portion of the year ending December23
thirty-first, but in no case shall the fee be less than one-fourth the annual fee. In case24
of emergency or unusual temporary demands for transportation, the fee for additional25
motor vehicles for a shorter period shall be fixed by the commission in such26
reasonable amounts as may be prescribed by general rule or temporary order. Every27
application for a certificate of convenience and necessity common carrier certificate28
or contract carrier permit shall be accompanied by a filing fee of fifty dollars and29
every application for a permit shall be accompanied by a filing fee of twenty-five30 ENROLLEDHB NO. 805
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dollars, which fees shall be in addition to other fees and taxes and shall be retained1
by the commission whether the certificate of convenience and necessity common2
carrier certificate or contract carrier permit be granted or not.3
B. If there has been an overpayment or a payment where no fee was due, the4
commission may credit the whole amount, or any portion of the payment to other5
liabilities of the taxpayer carrier to the commission. If no fees or other charges are6
due, the commission shall make a refund of the payment out of current collections.7
The commission is not required to make a refund of less than one dollar. All rights8
to refunds or credits shall prescribe in three years from the 31
st
thirty-first day of9
December in the year in which the tax fee was due.10
* * *11
§172. Exemptions12
Nothing in R.S. 45:161 through R.S. 45:171 shall apply to:13
A. Persons engaged in operating:14
* * *15
(3) Funeral cars or ambulances, including vehicles operated by Medicaid or16
Medicare providers used exclusively for commercial nonemergency medical17
transportation.18
* * *19
§179. Unlawful purchase or use of registration certificate or license plate20
No Except as provided for in R.S. 45:172(A)(4), no person engaged in the21
business of a common carrier or contract carrier shall purchase or use a registration22
certificate or license plate on any motor vehicle operated by him in conducting such23
business without presenting to the vehicle commissioner or the public official24
charged with the selling and issuing of license plates and registration certificates, a25
certificate from the Louisiana Public Service Commission certifying that he is26
entitled to use the license plate or registration certificate. 27 ENROLLEDHB NO. 805
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Section 2. R.S. 45:163(E) and 172(A)(4)(c) are hereby repealed in their entirety.1
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: