HLS 12RS-354 ORIGINAL
Page 1 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 979
BY REPRESENTATIVE HOWARD
MTR VEHICLE/COMMERCI AL: Provides that certain commercial motor vehicle
violations are to be handled as traffic tickets
AN ACT1
To amend R.S. 32:387.6(4), 387.7(A)(4), 387.9(4), 387.16(B), 387.19(A), 388(A)(1), (3),2
and (4), (B)(1), (2), and (4)(a), (C), (D), (E), and (F), 388.1, 389, and 392(A)(1) and3
to repeal R.S. 32:388(G), relative to certain traffic violations by commercial motor4
vehicle drivers; to provide that all law enforcement officers can enforce certain5
traffic laws relating to commercial motor vehicles; to repeal administrative appeal6
procedure for certain violations by commercial motor vehicle drivers and carriers;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 32:387.6(4), 387.7(A)(4), 387.9(4), 387.16(B), 387.19(A), 388(A)(1),10
(3), and (4), (B)(1), (2), and (4)(a), (C), (D), (E), and (F), 388.1, 389, and 392(A)(1) are11
hereby amended and reenacted to read as follows: 12
§387.6. Special permits; trucks hauling cotton modules13
Notwithstanding any other provision of law to the contrary, the secretary14
shall issue annual special permits to persons who operate trucks which haul cotton15
modules and are in compliance with the provisions of the Federal Motor Carrier16
Safety Regulations. These permits shall be issued in accordance with the following17
provisions:18
* * *19 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 2 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) The secretary may impose a civil penalty A fine of up to five cents per1
pound for each violation of the limit established in this Subsection may be imposed.2
The secretary, by rule, shall establish procedures for enforcing the provisions of this3
Subsection, including a procedure by which persons accused of violations may4
contest those accusations.5
§387.7. Special permits; vehicles hauling sugarcane6
A. Notwithstanding any other provision of law to the contrary and provided7
that there are no objections raised by the federal government, the secretary shall8
issue annual special permits to persons who own or operate vehicles which haul9
sugarcane. Such permits may be issued to either the pulling unit or the trailer10
contained in the combination which shall have a minimum of eighteen wheels.11
These permits shall be issued in accordance with the following provisions:12
* * *13
(4)(a) The secretary may impose a civil penalty A fine of up to five cents per14
pound for each violation of the one hundred thousand pound limit may be imposed.15
(b) Beginning August 1, 2005, a A first violation of the one hundred16
thousand pound limit shall result in the civil penalty fine imposed in accordance with17
the provisions of this Section and a warning that a second violation shall result in the18
penalty fine and the forfeiture of the permittee's eligibility to apply for and receive19
an annual special permit for the following year. A second violation of the one20
hundred thousand pound limit shall result in the penalty fine and the forfeiture of the21
permittee's eligibility to apply for and receive an annual special permit for the22
following year. A third violation shall result in the penalty fine and the permanent23
revocation of the permittee's eligibility to apply for and receive an annual special24
permit.25
(c) Any owner or operator who has a civil penalty levied against him for a26
violation of the permitted weight limit of this Section shall be entitled to appeal the27
penalty in accordance with the provisions of R.S. 32:389.28 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 3 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(d) The Department of Transportation and Development, in cooperation with1
the Department of Public Safety and Corrections, office of state police, shall2
promulgate rules and regulations as are necessary, in accordance with the3
Administrative Procedure Act, to implement the provisions of this Section, subject4
to oversight by the House and Senate Transportation, Highways and Public Works5
Committees transportation, highways and public works committees. The office of6
state police shall be responsible for promulgating rules and regulations regarding7
enforcement procedures.8
* * *9
§387.9. Special permit; vehicles hauling agronomic or horticultural crops10
Notwithstanding any other provision of law to the contrary, the secretary11
shall issue annual special permits to persons who operate vehicles hauling agronomic12
or horticultural crops in their natural state. Such permits may be issued to either the13
pulling unit or the trailer contained in the combination which shall have a minimum14
of eighteen wheels. These permits shall be issued in accordance with the following15
provisions:16
* * *17
(4) The secretary may impose a civil penalty A fine of up to five cents per18
pound for each violation of the limit established in this Section may be imposed.19
The secretary, by rule, shall establish procedures for enforcing the provisions of this20
Section, including a procedure by which persons accused of violations may contest21
those accusations.22
* * *23
§387.16. Special permit; sealed containerized cargo for export; containerboard, kraft24
liner, and roll pulp; limitations25
* * *26
B. The secretary may impose a civil penalty A fine of up to five cents per27
pound for each violation of the limit established in this Section may be imposed.28
The secretary may promulgate rules and regulations in accordance with the29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 4 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Administrative Procedure Act as are necessary to enforce the provisions of this1
Section.2
* * *3
§387.19. Special permit; bagged rice for export; rules and regulations; Port of Lake4
Charles5
A.(1) Provided there are no written objections raised by the Federal Highway6
Administration, the secretary of the Department of Transportation and Development7
may issue special annual permits for one-way hauls of bagged rice for export within8
a sixty-mile radius of the Port of Lake Charles. These special permits shall be9
issued at the truck permit office of the Department of Transportation and10
Development.11
(1) (2) The permit shall be issued at the truck permit office of the Department12
of Transportation and Development.13
(2) (3) The fee for the permit shall be five hundred dollars annually.14
(3) (4) The permit may authorize the operation of a vehicle or combination15
of vehicles with a total gross vehicle weight not to exceed ninety-five thousand16
pounds. No tandem axle set equipped with low pressure pneumatic tires shall exceed17
thirty-four thousand pounds on the interstate system or thirty-seven thousand pounds18
off the interstate system. No tridum axle set equipped with low pressure pneumatic19
tires shall exceed forty-two thousand pounds on the interstate system or forty-five20
thousand pounds off the interstate system.21
(4) (5) The secretary may impose a civil penalty A fine of up to five cents22
per pound for each violation of the weight limit established by this Section may be23
imposed.24
* * *25
§388. Penalties; payments26
A.(1) Whoever owns or drives any vehicle or combination of vehicles in27
violation of any rule, regulation, directive, or requirement of the secretary adopted28 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 5 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
pursuant to R.S. 32:380 through 385 or in violation of R.S. 32:380 through 385 shall1
be assessed a penalty fine of one hundred dollars for each violation.2
* * *3
(3) Each vehicle that is required to stop at a weight enforcement scale4
location and which fails to stop shall be assessed the following penalty fine:5
(a) Vehicles with a gross vehicle weight rating of less than twenty-six6
thousand pounds shall be penalized fined one hundred dollars for failure to stop at7
a weight scale. This penalty fine shall be in addition to any other penalties fines8
which may be assessed for other violations.9
(b) Vehicles with a gross vehicle weight rating of twenty-six thousand10
pounds or more shall be penalized fined five hundred dollars for failure to stop at a11
weight scale. This penalty shall be in addition to any other penalties fines which may12
be assessed for other violations.13
(4) Any vehicle which inadvertently bypasses weight scales and returns to14
the scales voluntarily without the assistance of law enforcement shall not be assessed15
any penalty fine for bypassing the scale.16
B.(1)(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph,17
whoever owns or operates any vehicle or combination of vehicles in violation of any18
rule, regulation, directive, or requirement adopted under R.S. 32:386 or in violation19
of R.S. 32:386 shall be required to reduce the load to the maximum permissible gross20
weight and shall be assessed a penalty fine on such weight which exceeds the21
maximum permissible gross weight as defined by R.S. 32:386 or maximum22
allowable axle weights, whichever results in the higher fine, in accordance with the23
following schedule:24
OVERWEIGHT PENALTY FINE25
POUNDS26
1 to 999 $10.00 minimum27
1,000 to 1,999 1¢ per pound in excess of legal limit28
2,000 to 2,999 2¢ per pound in excess of legal limit29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 6 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
3,000 to 3,999 3¢ per pound in excess of legal limit1
4,000 to 4,999 4¢ per pound in excess of legal limit2
5,000 to 5,999 5¢ per pound in excess of legal limit3
6,000 to 6,999 6¢ per pound in excess of legal limit4
7,000 to 7,999 7¢ per pound in excess of legal limit5
8,000 to 8,999 8¢ per pound in excess of legal limit6
9,000 to 9,999 9¢ per pound in excess of legal limit7
10,000 to 10,99910¢ per pound in excess of legal limit8
11,000 and over11¢ per pound in excess of legal limit9
(b)(i) Any truck hauling concrete or construction aggregates shall not be10
assessed a penalty fine for weight which exceeds the maximum allowable axle11
weights, if such truck does not also exceed the maximum permissible gross weight12
as provided in R.S. 32:386 and such truck is not operating on the interstate system.13
(ii) Any truck hauling hot mix asphalt which is performing work pursuant14
to a contract with the state or the governing authority of a parish or municipality15
shall not be assessed a penalty fine for weight which exceeds the maximum16
allowable axle weights, if such truck does not also exceed the maximum permissible17
gross weight as provided in R.S. 32:386 and such truck is not operating on the18
interstate system.19
(iii) Any truck fitted with a compactor body which is engaged in the20
collecting and hauling of solid waste including residential solid waste, agricultural21
waste, commercial solid waste, construction or demolition debris, garbage, industrial22
solid waste, trash, white goods, woodwaste, and yard trash, as defined in the rules23
and regulations of the Department of Environmental Quality, shall not be assessed24
a penalty fine for weight which exceeds the maximum allowable axle weights if such25
truck does not also exceed the maximum permissible gross weight as provided in26
R.S. 32:386 and 387 and such truck is not operating on the interstate system. Such27
truck shall not be assessed a penalty fine for exceeding its maximum permissible28
gross weight, as determined by law or pursuant to issuance of a special permit, if the29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 7 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
waste is wet and the location from which the waste was collected had received1
measurable precipitation, as recorded by National Weather Service recognized2
observation stations, within twenty-four hours prior to collection provided the total3
excess weight is ten percent or less of the truck's maximum permissible gross weight4
and such truck is not operating on the interstate system. If the total excess weight5
is greater than ten percent of the truck's maximum permissible gross weight, as6
determined by law or pursuant to issuance of a special permit, the assessed penalty7
fine shall be calculated only on the excess weight which is above the ten percent8
allowance for water weight.9
(c) Prior to assessment of a penalty fine for weight which exceeds the10
maximum allowable axle weights, the owner or operator is authorized to shift the11
load to reduce or eliminate such excess axle weight penalties fines as long as no part12
of the shipment is removed.13
(2) Whoever owns or drives any vehicle or combination of vehicles with a14
gross weight in excess of its licensed weight but less than or equal to its legal15
maximum gross weight may be assessed a penalty fine of one hundred dollars and16
shall be required to increase its license to the weight being carried not to exceed the17
legal maximum.18
* * *19
(4)(a) Whoever owns any business entity engaged in the sale or shipment of20
construction aggregates requiring a weigh master, not including asphalt, or transfer21
sales or shipment from rail, barge, or ship to wholesale stockpiles or inventories22
within a five-mile radius of the point where the shipment was transferred, who23
violates, or whose driver or contract driver violates any rule, regulation, directive,24
or requirement adopted under R.S. 32:386 or violates R.S. 32:386 shall also be25
assessed a separate penalty fine for each violation in accordance with the schedule26
set forth in Paragraph B(1) (B)(1) of this Section. However, notwithstanding any27
other provision of this Chapter or any law to the contrary, any such business, or28
weigh master thereof, who releases a vehicle that is within the maximum permissible29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 8 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
gross weight limitations for travel on a state highway shall not be assessed any1
penalty fine when said vehicle is found in violation of gross maximum weight2
limitations while traveling on any interstate highway. For purposes of enforcing this3
Subsection, any weights and standards , or state policeman, or law enforcement4
officer having reason to believe that such owner is in violation of R.S. 32:386 is5
authorized to enter and go upon, without formal warrant, any vehicle, stand, place,6
building, or premises, for the purpose of inspecting only the shipping ticket or tickets7
issued in connection with the particular load found in violation of R.S. 32:386 by any8
weights and standards, or state policeman, or law enforcement officer in order to9
determine whether such sales at the origin of shipment contain the amounts10
represented and are offered for sale or sold in a manner in accordance with law. The11
discovery of an overweight vehicle after proper weighing shall constitute "reason to12
believe" for purposes of this Subsection.13
* * *14
C.(1) Whoever owns or drives any vehicle or combination of vehicles in15
violation of any rule, regulation, directive, or requirement of the secretary adopted16
pursuant to R.S. 32:387 or in violation of the terms and conditions of any special17
permit issued under R.S. 32:387 shall be assessed a penalty fine of one hundred18
dollars.19
(2) Whoever owns or drives a vehicle or combination of vehicles in violation20
of an overweight special permit shall be assessed a penalty fine for each pound of21
gross weight in excess of the special permit weight in accordance with the following22
schedule and may increase the permissible gross weight authorized by the special23
permit if he shall satisfy any special conditions imposed by the secretary or24
otherwise shall reduce his load to the maximum weight allowed under his special25
permit:26
Pounds Over Permit27
Gross Weight Penalty Fine28
0 to 3,000 2¢ per pound29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 9 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
3,001 to 5,000 3¢ per pound1
5,001 to 10,000 4¢ per pound2
10,001 and over $100 plus 5¢ per pound3
(3) Nothing contained in this Subsection shall authorize the commissioner4
or any weights and standards or state policeman or law enforcement officer to assess5
any penalty fine provided for herein for both the failure to possess a required special6
permit and for operating a vehicle in violation of R.S. 32:386 when arising out of the7
same activity, and to this extent the penalties fines provided for in this Subsection8
shall not be cumulative in nature.9
D. Whoever owns or drives any vehicle or combination of vehicles in10
violation of R.S. 32:387(F) shall be assessed a penalty fine of twenty-five dollars.11
E. Whoever owns or drives a vehicle or combination of vehicles without a12
proper escort when such escort is required by a special permit shall be assessed a13
penalty fine of one hundred dollars, and the vehicle or combination of vehicles shall14
be impounded until a proper escort is secured by the permittee.15
F. Payments for penalties imposed by the Department of Public Safety and16
Corrections, public safety services, shall be remitted to the Transportation Trust17
Fund. However, any payments for citations for weight limit violations on parish18
roads in a parish shall be paid to the public works department of said parish.19
G.(1) All such penalties collected by the commissioner shall be paid into the20
state treasury on or before the twenty-fifth day of each month following their21
collection and, in accordance with Article VII, Section 9 of the Constitution of22
Louisiana, shall be credited to the Bond Security and Redemption Fund. However,23
after a sufficient amount of the penalties collected by the commissioner is allocated24
from the fund to pay all obligations secured by the full faith and credit of the state25
within any fiscal year, the treasurer shall pay an amount equal to the fees paid into26
the Bond Security and Redemption Fund pursuant to this Paragraph into the27
Transportation Trust Fund created under Article VII, Section 27 of the Constitution28
of Louisiana. 29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 10 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The Department of Public Safety and Corrections, public safety services,1
shall keep a set of books showing from whom every dollar is paid and for what2
purpose. It also shall keep in its file vouchers or receipts for all monies paid out.3
The disposition of fines collected pursuant to R.S. 32:380 through 388.1 and4
390, or any regulation adopted thereto, shall be made in accordance with this5
Subsection:6
(1) An amount equal to twenty percent of total fines and penalties received7
each month shall be deposited into the treasury of the parish in which the violation8
occurred for deposit into the Criminal Court Fund for that particular parish to pay for9
all costs of issuance and prosecution the alleged violations of R.S. 32:380 through10
388.1 and 390, or any regulation adopted thereto.11
(2) All monies remaining after satisfying the requirements of Paragraph (1)12
of this Subsection shall be transmitted to the state treasurer, who shall deposit such13
monies are necessary for the requirements of the Bond Security and Redemption14
Fund, and thereafter deposit all remaining monies into the Transportation Trust Fund15
for distribution to the state police for traffic control purposes.16
(3) Any entity collecting fines and penalties for violations of R.S. 32:38017
through 388.1 and 390, or any regulation adopted thereto, shall keep a set of books18
showing from whom every dollar is paid and for what purpose. It also shall keep in19
its file vouchers or receipts for all monies paid out.20
§388.1. Penalties; multiple violations 21
Whoever owns or drives any vehicle or combination of vehicles in violation22
of two or more of the provisions of this Part at any one time shall be assessed the23
greater or the greatest of the penalties fines, in the full amount of the penalty fines.24
The commissioner is hereby authorized to promulgate rules and regulations to25
provide that in addition to assessment of the greater or greatest penalty fines, the26
owner or driver shall be assessed a penalty fine not to exceed ten dollars for each27
other violation committed at the same time; however, such rules and regulations shall28
only be promulgated provided the Federal Highway Administration initiates official29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 11 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
sanctions which would result in the loss of National Highway System apportionment1
or other federal funds should such penalties fines for multiple violations not be2
provided.3
§389. Weights and standards police; enforcement procedure; payment and4
collection procedures; administrative review Enforcement and collection5
procedures6
A. The weights and standards police force and the state police shall have7
concurrent Any law enforcement officer shall have authority to enforce the8
provisions of R.S. 32:380 through 388.1 and R.S. 32:390.9
B.(1) Any weights and standards police officer law enforcement officer10
having reason to believe that any vehicle or combination of vehicles exceeds or is in11
violation of the provisions of R.S. 32:380 through R.S. 32:386 or R.S. 32:388.112
through R.S. 32:390, or the terms and conditions of a special permit issued under13
R.S. 32:387 or regulations of either the Department of Transportation and14
Development or the Department of Public Safety and Correction, public safety15
services, adopted pursuant to this Part, is authorized to stop such vehicle or16
combination of vehicles and to inspect, measure, or weigh such vehicle, either by17
means of portable or stationary scales, or to require that such vehicle be driven to the18
nearest available location equipped with facilities to inspect, measure, or weigh such19
vehicle.20
(1) (2) Any state policeman law enforcement officer having reason to believe21
that any vehicle or combination of vehicles exceeds or is in violation of the22
provisions of R.S. 32:380 through R.S. 32:386 or R.S. 32:388.1 through R.S. 32:390,23
or the terms and conditions of a special permit issued under R.S. 32:387 or24
regulations adopted pursuant to this Part is authorized to stop such vehicle or25
combination of vehicles and to inspect or measure such vehicle or to require that26
such vehicle be driven to the nearest available location equipped with facilities to27
inspect or measure such vehicle, provided that any state policeman having reason to28
believe that any vehicle or combination of vehicles exceeds or is in violation of the29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 12 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
provisions of R.S. 32:386, any overweight special permit as provided in R.S. 32:387,1
or the regulations adopted pursuant thereto, may escort such vehicle to the nearest2
permanent or portable scale operated by the weights and standards police force,3
where a weights and standards police officer shall weigh such vehicle and if such4
vehicle is overweight, is in violation of an overweight special permit, or the5
department's or secretary's regulations adopted pursuant thereto, shall issue a6
violation ticket in accordance with Subsection C of this Section.7
C.(1) Whenever any carrier, common carrier, contract carrier, private carrier,8
transport vehicle, or driver is found in violation of any provision of this Chapter, the9
commissioner shall send the responsible party a "Notice of Violation, Proposed10
Finding and Proposed Civil Penalty", hereafter referred to as a "notice of violation",11
within thirty calendar days of the violation. A citation issued pursuant to R.S.12
32:380 through 388.1 and R.S. 32:390, or any regulation adopted thereto, shall be13
disposed of in accordance with R.S. 32:398.2.14
(2)(a) Each notice of violation shall clearly indicate if a monetary penalty is15
assessed for the violation or if the notice of violation is only a warning. When a16
monetary penalty is assessed, each notice of violation shall be sent to the responsible17
party by certificate of mailing. Such notice of violation shall also contain notice that18
the responsible party shall have forty-five calendar days from the date of issuance19
of the notice of violation to either pay the monetary penalty for the violation or to20
request, in writing, an administrative hearing to review the notice of violation. When21
the amount of the civil penalty is negotiated between the commissioner and the22
responsible party, the commissioner shall send written notification to the responsible23
party of the amount of the negotiated civil penalty within thirty calendar days of the24
date of the final negotiation. Such payment shall be made by certified check, money25
order, or credit card. If made by credit card, the payment shall be deemed received26
by the commissioner when tendered and an approval code is obtained from the credit27
card company or credit card processor.28 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 13 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) The commissioner shall adopt rules and regulations in accordance with1
the Administrative Procedure Act, subject to oversight by the House and Senate2
committees on transportation, highways and public works as are necessary regarding3
the administrative hearing, including but not limited to rules and regulations4
regarding notification and the procedure for requesting a hearing provided such rules5
shall not conflict with the provisions of R.S. 32:388.1.6
(3) If the commissioner fails to issue the notice of violation to the7
responsible party within thirty calendar days of the violation in accordance with the8
provisions of this Section, the violation shall be dismissed. However, the9
commissioner shall be granted an additional sixty calendar days to send the10
responsible party a notice of violation in accordance with the provisions of this11
Section if he experiences a data system failure caused by either an act of God or an12
intentional act of sabotage.13
(4) Any appeal of the findings of the administrative law judge shall be filed14
in a state district court with proper venue over the matter.15
D.(1) If a carrier is determined to be the responsible party for a notice of16
violation by the commissioner and, if such carrier fails to pay the assessed penalty17
within forty-five calendar days of issuance of the notice of violation, or in the case18
of an administrative hearing, the responsible party fails to pay the assessed fine19
within thirty calendar days of receiving a notice of final judgment from the20
administrative law judge, the outstanding penalty amount shall be posted on the21
commissioner's official web site. The outstanding penalty amount for such22
responsible party shall continue to appear on the web site until all fines and fees are23
paid in full. The commissioner shall transmit the vehicle identification number of24
the offending vehicle for which the notice of violation was written to the office of25
motor vehicles. The office of motor vehicles shall not renew the registration of the26
offending vehicle until all fines and fees associated with the notice of violation have27
been paid in full. Within seven calendar days of receiving documentation from the28
responsible party that all fines and fees have been paid in full, the commissioner29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 14 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
shall remove the posting of the notice of violation from his web site. Additionally,1
upon payment of all fines and fees associated with the notice of violation, the office2
of motor vehicles shall immediately authorize renewal of the vehicle's registration.3
Such payment shall be made by certified check, money order, or credit card. If made4
by credit card, the payment shall be deemed received by the commissioner when5
tendered and an approval code is obtained from the credit card company or credit6
card processor.7
(2) If the driver of a motor vehicle is found to be the responsible party for8
a notice of violation by the commissioner, the driver shall be responsible for the9
payment of all fines and fees associated with issuance of the notice of violation.10
Such payment shall be made by certified check, money order, or credit card. If made11
by credit card, the payment shall be deemed received by the commissioner when12
tendered and an approval code is obtained from the credit card company or credit13
card processor. If the commissioner fails to receive payment within forty-five14
calendar days of issuance of the notice of violation, or in the case of an15
administrative hearing, the responsible party fails to pay the assessed penalty within16
thirty calendar days of receiving a notice of final judgment from the administrative17
law judge, the commissioner shall transmit the driver's license number to the office18
of motor vehicles. Upon receipt of the driver's license number, the office of motor19
vehicles shall immediately notify the driver, by first class mail, that his driver's20
license shall be suspended thirty calendar days after the date of mailing the notice21
unless all fines and fees associated with the notice of violation or final judgment22
from the administrative law judge are paid in full together with notice of the23
imposition of a fifty-dollar fee by the office of motor vehicles to cover its24
administrative costs. The driver's license shall remain suspended until all fines and25
fees associated with the notice of violation or final judgment from the administrative26
law judge and the fifty-dollar fee for the office of motor vehicles are paid in full.27
Upon payment of all fines and fees, the office of motor vehicles shall immediately28
authorize the reinstatement of the driver's license.29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 15 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) Motor carriers shall not be responsible for driver violations.1
E. (1) The commissioner and any law enforcement officer working for the2
commissioner Law enforcement officers shall be prohibited from seizing a motor3
vehicle or the registration license plate of a motor vehicle for failing to pay a fine for4
a notice of violation.5
(2) In the event a motor vehicle for which a notice of violation citation has6
been issued is subsequently sold, the new owner of such vehicle shall not be7
responsible for any outstanding fines or fees associated with a notice of violation the8
citation. The new owner of the motor vehicle shall present proper documentation to9
the commissioner evidencing the lawful transfer of ownership.10
F. During a state of emergency declared by the governor, the commissioner11
shall be granted an additional sixty calendar days to send the responsible party a12
notice of violation in accordance with the provisions of this Section. Such extension13
of time shall terminate not later than sixty days from the date the state of emergency14
ends.15
G. Notwithstanding the provisions of this Section, any member of the armed16
forces, who is in uniform or presents an order for duty and who is operating a17
military vehicle in the line of duty in violation of any provision of R.S. 32:38018
through R.S. 32:387, or any regulation adopted pursuant thereto, shall not be19
required to pay the penalty assessed, nor shall such member be required to surrender20
his Louisiana driver's license. However, the owner of the vehicle or the federal21
government shall pay the penalty within thirty days.22
H. The failure of any vehicle or combination of vehicles to stop at a weigh23
facility may be excused if stopping the vehicle or combination of vehicles creates a24
serious traffic hazard. The commissioner shall promulgate rules under the provisions25
of the Administrative Procedure Act to implement the provisions of this Subsection.26
Such rules shall define "serious traffic hazard" and shall authorize the use of green27
traffic signal lights to allow vehicles to pass the weigh facility at such times as28
vehicles have accumulated on the entrance ramp to the weigh facility to the extent29 HLS 12RS-354 ORIGINAL
HB NO. 979
Page 16 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
that the vehicles present a traffic hazard. Rules previously adopted by the1
department shall remain in full force and effect until such time as the commissioner2
promulgates rules pursuant to this Subsection. Rules adopted hereunder shall be3
subject to oversight by the House and Senate committees on transportation, highways4
and public works.5
* * *6
§392. Impounding of vehicles; prohibitions7
A.(1) Upon discovery of any vehicle operated in violation of this Chapter,8
the vehicle shall not be impounded but shall be directed to and followed by the9
weights and standards police officer or state policeman law enforcement officer to10
the nearest appropriate place suitable for unloading to its licensed gross weight or11
maximum size requirements as provided in this Chapter and storage of said product12
to preserve it for its intended use in commerce and in either case shall be detained13
or unloaded at the expense and responsibility of the owner or driver. The14
commissioner A law enforcement body shall not detain or impound any vehicle15
issued a violation ticket for any violation of the provisions of R.S. 32:380 through16
387 prior to the final disposition of the violation ticket.17
* * *18
Section 3. R.S. 32:388(G) is hereby repealed in their entirety.19
Section 4. The provisions of this Act shall not apply to the disposition of a notice of20
violation issued prior to January 1, 2013, and shall only apply to violations occurring on or21
after January 1, 2013.22
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)]
Howard HB No. 979
Abstract: Provides that tickets issued to violators of state law or regulation pertaining to
overweight, overwidth, and oversize vehicles shall be disposed of as a traffic ticket. HLS 12RS-354 ORIGINAL
HB NO. 979
Page 17 of 17
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that violations of laws, rules, or regulations pertaining to the size,
width, or load of a vehicle or any special permit issued to a vehicle or load shall be a civil
violation issued by a state policeman or weights and standards officer.
Proposed law provides violations of laws, rules, or regulations pertaining to the size, width,
or load of a vehicle or any special permit issued to a vehicle or load shall be a traffic
violation issued by any law enforcement officer.
Present law provides that violations of laws, rules, or regulations pertaining to the size,
width, or load of a vehicle or any special permit issued to a vehicle or load shall be issued
a notice of violation with a civil penalty being assessed by the deputy secretary of DPS&C,
public safety services, subject to review in an administrative hearing by an administrative
law judge. Any decision by an administrative law judge can be appealed in a state district
court with proper venue over the matter.
Proposed law provides that violations of laws, rules, or regulations pertaining to the size,
width, or load of a vehicle or any special permit issued to a vehicle or load shall be disposed
of as any other traffic ticket.
Present law provides that violations of laws, rules, or regulations pertaining to the size,
width, or load of a vehicle or any special permit issued to a vehicle or load shall be issued
a notice of violation with a civil penalty being assessed by the deputy secretary of DPS&C,
public safety services.
Proposed law provides that violations of laws, rules, or regulations pertaining to the size,
width, or load of a vehicle or any special permit issued to a vehicle or load shall be issued
a traffic ticket and fine by a court of law.
Present law provides that payments for penalties imposed by DPS&C, public safety services,
shall be remitted to the Transportation Trust Fund. However, any payments for citations for
weight limit violations on parish roads in a parish shall be paid to the public works
department of said parish.
Proposed law provides that the disposition of fines collected for violations of laws, rules, or
regulations pertaining to the size, width, or load of a vehicle or any special permit issued to
a vehicle or load shall be made as follows:
(1)An amount equal to 20% of total fines and penalties received each month shall be
deposited into the treasury of the parish in which the violation occurred for deposit
into the Criminal Court Fund for that particular parish to pay for all costs of issuance
and prosecution the alleged violations of R.S. 32:380 through 388.1 and 390, or any
regulation adopted thereto.
(2)All monies remaining after satisfying the requirements of proposed law shall be
transmitted to the state treasurer, who shall deposit such monies are necessary for the
requirements of the Bond Security and Redemption Fund, and thereafter deposit all
remaining monies into the Transportation Trust Fund for distribution to the state
police for traffic control purposes.
Proposed law provides that provisions of proposed law shall not apply to the disposition of
a notice of violation issued prior to Jan. 1, 2013, and shall only apply to violations occurring
on or after Jan. 1, 2013.
(Amends R.S. 32:387.6(4), 387.7(A)(4), 387.9(4), 387.16(B), 387.19(A), 388(A)(1), (3), and
(4), (B)(1), (2), and (4)(a), (C), (D), (E), and (F), 388.1, 389, and 392(A)(1); Repeals R.S.
32:388(G))