Louisiana 2014 Regular Session

Louisiana House Bill HB1146 Latest Draft

Bill / Introduced Version

                            HLS 14RS-2475	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1146
BY REPRESENTATIVE RICHARD
MTR VEHICLE/BUSES:  Requires vehicles in adajcent lanes to stop for all buses loading
or unloading passengers
AN ACT1
To enact R.S. 32:84, relative to city buses; to prohibit the passing of city buses during2
loading and unloading; to provide for penalties; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1.  R.S. 32:84 is hereby enacted to read as follows:5
ยง84.  Overtaking and passing city buses6
(1) The driver of a vehicle upon a highway meeting or overtaking from any7
direction any city bus that has stopped for the purpose of receiving or discharging8
passengers shall stop the vehicle not less than thirty feet from the city bus when the9
bus displays visual signals that indicate passengers are entering or leaving the bus.10
The driver shall not proceed until the city bus resumes motion or the visual signals11
are no longer activated.12
(2) The driver of any city bus is authorized to notify the appropriate law13
enforcement authority of any violation of this Subsection within twenty-four hours14
of the violation. This notification shall be in writing on a form provided to the bus15
driver by the city, shall be signed by the city bus driver, under penalty of criminal16
prosecution, in the presence of two witnesses, and it shall include the license plate17
number and color of the vehicle. The notice may be sent to the appropriate law18
enforcement agency by mail, fax, or electronically.  If mailed, the notice shall be19
deemed timely if postmarked the day after the violation.20 HLS 14RS-2475	ORIGINAL
HB NO. 1146
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are additions.
(3) The appropriate authority may issue a citation to the owner or, in the case1
of a leased vehicle, the lessee of the vehicle involved, on the basis of this2
information. The owner or lessee shall not be cited if the vehicle is stolen, or if3
another driver is cited for the violation.4
(4)(a) Any person who is found guilty of or pleads guilty or nolo contendere5
to a violation of the provisions of this Subsection shall be subject to the following6
penalties:7
(i) If the violation does not result in the injury, serious bodily injury, or death8
of another person, the offender shall be fined not less than one hundred dollars nor9
more than five hundred dollars or imprisoned for not more than six months, or both,10
in accordance with the provisions of R.S. 32:398.2 and shall have his driver's license11
suspended in accordance with the provisions of R.S. 32:414(A)(2).12
(ii) If the violation results in the injury of another person, the offender shall13
be fined not less than two hundred dollars nor more than five hundred dollars, may14
be subjected to a driver's license suspension for a period up to ninety days, or both,15
and may be imprisoned for not more than six months.16
(iii) If the violation results in the serious bodily injury of another person, the17
offender shall be fined not less than five hundred dollars nor more than one thousand18
dollars, may be subjected to a driver's license suspension of a period up to one19
hundred eighty days, or both, and may be subjected to imprisonment up to six20
months.21
(iv) If the violation results in the death of another person, the offender shall22
be fined not less than one thousand dollars nor more than five thousand dollars, may23
be subjected to a driver's license suspension for the greater of a period up to three24
hundred sixty days or as provided in R.S. 32:414(A)(2), or both, and may be subject25
to imprisonment up to twelve months.26
(b) For purposes of this Paragraph, "serious bodily injury" shall mean a27
bodily injury which involves unconsciousness, extreme physical pain, or protracted28
and obvious disfigurement, protracted loss or impairment of the function of a bodily29
member, organ, or mental faculty, or a substantial risk of death.30 HLS 14RS-2475	ORIGINAL
HB NO. 1146
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Richard	HB No. 1146
Abstract: Prohibits drivers from passing any city bus that is loading or unloading
passengers.
Proposed law prohibits the passing of any city bus that is loading or unloading passengers
by any driver. Authorizes city bus drivers to report offenders to the city police. Provides
penalties for violations as follows:
(1)If the violation does not result in the injury, serious bodily injury, or death of another
person, the offender will be fined between $100 and $500 or imprisoned for not more
than six months, or both, and have his driver's license suspended in accordance with
the provisions of R.S. 32:414(A)(2).
(2)If the violation results in the injury of another person, the offender shall be fined
between $200 and $500, may be subjected to a driver's license suspension for a
period up to 90 days, or both, and may be subject to imprisonment up to six months.
(3)If the violation results in the serious bodily injury of another person, the offender
shall be fined between $500 and $1,000, may be subjected to a driver's license
suspension of a period up to 180 days, or both, and may be subjected to
imprisonment up to six months.
(4)If the violation results in the death of another person, the offender shall be fined not
less than $1,000 nor more than $5,000 and may be subjected to a driver's license
suspension for the greater of a period up to 360 days or as provided in R.S.
32:414(A)(2), or both, and may be subject to imprisonment up to 12 months.
Defines "serious bodily injury" shall mean a bodily injury which involves unconsciousness,
extreme physical pain, or protracted and obvious disfigurement, protracted loss or
impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk
of death.
(Adds R.S. 32:84)