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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 376
BY SENATOR GARY SMITH
MOTOR CARRIERS. Provide for notice of a violation of provisions regarding
transportation of hazardous waste. (8/1/12)
AN ACT1
To amend and reenact R.S. 32:1525(A)(1) and (3), relative to motor carrier violations; to2
provide for notice of a violation of provisions regarding the transportation of3
hazardous waste; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:1525(A)(1) and (3) are hereby amended and reenacted to read as6
follows: 7
ยง1525. Motor carrier violations; enforcement procedure; payment and collection of8
penalties; administrative review; driver's license suspensions9
A.(1) Whenever any carrier, common carrier, contract carrier, private carrier,10
transport vehicle, or driver is found in violation of any provision of this Chapter or11
any provision of the Federal Motor Carrier Safety Regulations, the Department of12
Public Safety and Corrections, office of state police, shall send the responsible party13
a "Notice of Violation, Proposed Finding and Proposed Civil Penalty", hereafter14
referred to as a "notice of violation", within thirty calendar days of the violation ;15
however, whenever an incident involves hazardous materials and includes16
evacuations, fatalities, or serious injuries, the office of state police shall send the17 SB NO. 376
SLS 12RS-729 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
responsible party a "notice of violation" within sixty calender days of the1
violation.2
* * *3
(3) If the Department of Public Safety and Corrections, office of state police,4
fails to issue the notice of violation to the responsible party within thirty calendar5
days of the violation in accordance with the provisions of Subsection A of this6
Section, the violation shall be dismissed. However, the office of state police shall be7
granted an additional sixty calendar days to send the responsible party a notice of8
violation in accordance with the provisions of Subsection A of this Section if the9
office of state police experiences a data system failure caused by either an act of God10
or an intentional act of sabotage.11
* * *12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Gary Smith (SB 376)
Present law requires the DPS&C, office of state police, to send a "Notice of Violation,
Proposed Finding and Proposed Civil Penalty", of any provision of this Chapter or any
provision of the Federal Motor Carrier Safety Regulations, to the responsible party within
30 calendar days of the violation.
Present law provides for dismissal of a violation if the DPS&C, office of state police, fails
to issue a violation notice timely and provides an additional 60 days to issue a violation to
the responsible party if the office of state police experiences a data system failure caused by
either an act of God or an intentional act of sabotage.
Proposed law extends the time of notice of violation from 30 days to within 60 calendar days
whenever an incident involves hazardous materials and includes evacuations, fatalities, or
serious injuries.
Effective August 1, 2012.
(Amends R.S. 32:1525(A)(1) and (3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Extends time of notice of violation to within 60 calendar days whenever an
incident involves hazardous materials and includes evacuations, fatalities, or
serious injuries.