HLS 14RS-635 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 851
BY REPRESENTATIVE TALBOT
MTR VEHICLE/COMPULS INS: Increase penalties for driving with cancelled auto
liability policy
AN ACT1
To amend and reenact R.S. 32:862(G)(4) and (5), 863(A)(1), (3)(a), and (B)(2)(b),2
863.1(C)(1)(c), (D), and (I)(3), 863.2(A)(5) and (6), 864, and 865(A) and (B)(1),3
relative to the penalties for operating a motor vehicle without the required motor4
vehicle liability security; to increase penalties for failing to provide required proof5
of compliance; to require suspension, revocation, and cancellation of driver's license6
and registration for violations; to remove limits on the maximum amount of penalties7
and reinstatement fees that are assessed; to increase the administrative reinstatement8
fee; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 32:862(G)(4) and (5), 863(A)(1), (3)(a), and (B)(2)(b),11
863.1(C)(1)(c), (D), and (I)(3), 863.2(A)(5) and (6), 864, and 865(A) and (B)(1) are hereby12
amended and reenacted to read as follows: 13
§862. Proof of compliance14
* * *15
G. The prohibited actions and penalties for violations thereof are as follows:16
* * *17
(4) Whoever violates the provisions of this Subsection shall be fined not less18
than five hundred dollars nor more than one thousand dollars and shall be required19 HLS 14RS-635 ORIGINAL
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to perform not less than forty hours nor more than two hundred hours of community1
service.2
(5) When the commissioner finds that any person has violated the provisions3
of this Subsection, the commissioner may shall suspend, revoke, or cancel the4
driver's license held by the offender and may shall suspend, revoke, or cancel the5
registration of each motor vehicle owned by the offender.6
* * *7
§863. Sanctions for false declaration; reinstatement fees; revocation of registration;8
review9
A.(1) Except as provided herein below, when the secretary determines that10
a vehicle is not covered by security as required by this Chapter or that the owner or11
lessee has allowed the required security to lapse, he shall revoke the registration of12
the vehicle, impound the vehicle, or and cancel the vehicle's license plate.13
* * *14
(3)(a) Sanctions for a violation of Paragraph (1) of this Subsection shall be15
imposed until proof of required liability security is provided to the secretary and all16
reinstatement fees are paid. Sanctions for a violation of Paragraph (2) of this17
Subsection shall be imposed for a period of not less than six twelve months nor more18
than eighteen months. However, in no event shall these sanctions be removed until19
such time as proof of the required security is provided to the secretary along with all20
appropriate fees required by law, including a reinstatement fee of twenty-five one21
hundred dollars per violation of Paragraph (1) of this Subsection if the vehicle was22
not covered by the required security for a period of one to thirty days, one two23
hundred fifty dollars if the vehicle was not covered by required security for a period24
of thirty-one to ninety days, and two five hundred dollars if the vehicle was not25
covered by required security for a period in excess of ninety days. No reinstatement26
fee shall be imposed by the secretary if the vehicle was not covered by required27
security for a period of ten days or less and the insured surrenders the vehicle's28
license plate to the secretary within ten days. The reinstatement fees for violations29 HLS 14RS-635 ORIGINAL
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of Paragraph (2) of this Subsection shall be as follows: twenty-five two hundred fifty1
dollars for a first violation, one five hundred dollars for a second violation, and two2
hundred one thousand dollars for a third or subsequent violation, provided the3
offenses occurred within a five-year period. The reinstatement fee shall not be owed4
for an alleged violation of Paragraph (2) of this Subsection when proof of the5
required security is provided to the secretary. If at the time of reinstatement a person6
has multiple violations, the total amount of fees to be paid shall not exceed five7
hundred dollars, including any administrative fees for persons under sixty-five years8
old. At no time shall the total amount of fees, including any administrative fees,9
exceed two hundred dollars for persons sixty-five years or older.10
* * *11
B. The sanctions of Paragraph (A)(1) of this Section shall not be imposed,12
and any fine, fee, or other monetary sanction which has been remitted to the13
secretary pursuant to the sanctions of this Section, specifically including any14
reinstatement fee paid pursuant to Paragraph (A)(3) of this Section and any fee paid15
pursuant to Paragraph (D)(5) of this Section, shall be promptly refunded by the16
secretary to the person who paid it, if the owner or lessee furnishes any of the17
following:18
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(2) If such evidence is not furnished by the owner or lessee, any other20
evidence satisfactory to the secretary, that each of the following conditions are met:21
* * *22
(b) The vehicle is currently covered by security as required by R.S. 32:86123
and that the required security has been continuous without lapse.24
* * *25
§863.1. Evidence of compulsory motor vehicle liability security contained in26
vehicle; enforcement; penalty; fees27
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C(1)1
* * *2
(c) For a first offense there shall be a reinstatement fee of fifty one hundred3
dollars, for a second offense there shall be a reinstatement fee of one two hundred4
fifty dollars, and for any subsequent offense there shall be a reinstatement fee of five5
hundred dollars. The reinstatement fee contained herein shall be in addition to other6
appropriate registration fees allowed by law and reinstatement shall depend upon7
proof of compliance with the compulsory liability law.8
* * *9
D. Prior to reinstatement of registration and license plate privileges to any10
individual who cannot prove the required insurance coverage or security in effect at11
the time of the offense within three calendar days after the offense, the Department12
of Public Safety and Corrections shall collect a reinstatement fee of ten one hundred13
dollars to offset the costs of administering this Section. This ten- one hundred dollar14
fee shall be in addition to any other fines, fees, or penalties owed prior to15
reinstatement of privileges.16
* * *17
I.18
* * *19
(3) If the owner fails to provide the proof required in Paragraph (2) of this20
Subsection, there shall be a fine of fifty one hundred dollars for a first offense, a fine21
of one two hundred fifty dollars for a second offense, and a fine of five hundred22
dollars for any subsequent offense.23
§863.2. Notification of the cancellation or issuance of security; penalties; database24
development25
A.26
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(5) If any cancellation of a motor vehicle liability policy occurs at the28
request of the insured, the insurer is not obligated to cancel such policy earlier than29 HLS 14RS-635 ORIGINAL
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ten days prior to actual receipt by the insurer of such request. The insurer shall1
notify the commissioner of the request for cancellation within five days of the2
request.3
(6) If any cancellation of a motor vehicle liability insurance policy occurs4
as a result of the rescission other cancellation of the sale of the motor vehicle on5
which the policy is issued, the insurer shall notify the secretary of the cancellation6
and the circumstances of the cancellation within five days, and the insured shall not7
be liable for any penalty or fee imposed for failure to maintain the security required8
by law.9
* * *10
§864. Criminal sanctions for false declaration11
Any person, firm or corporation which violates R.S. 32:863(A)(2) shall be12
guilty of a misdemeanor and upon conviction shall be fined not more less than one13
five hundred twenty-five dollars nor more than one thousand dollars or imprisoned14
for a period of not more than thirty days. 15
§865. Criminal sanctions for operating motor vehicle not covered by security16
A. Any person knowingly operating a motor vehicle and any owner allowing17
a motor vehicle to be operated, when such motor vehicle is not covered by the18
security required under R.S. 32:861 shall, upon conviction, be fined not more less19
than five hundred dollars nor more than one thousand dollars. 20
B.(1) If the vehicle is in any manner involved in an accident within this state,21
when such motor vehicle is not covered by the security required under R.S. 32:861,22
the owner thereof shall, upon conviction, be fined not more less than five hundred23
dollars nor more than one thousand dollars, shall have the registration of the vehicle24
revoked for a period of sixty one hundred eighty days, and shall have his driving25
privileges suspended for a period of sixty one hundred eighty days. 26
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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)]
Talbot HB No. 851
Abstract: Increases penalties for operating a vehicle without the required liability
insurance.
Present law requires a fine not to exceed $1,000 for violation of the Motor Vehicle Safety
Responsibility law.
Proposed law retains present law and additionally requires a minimum fine of $500.
Present law provides that the Dept. of Public Safety and Corrections (DPS&C) may suspend,
revoke, or cancel the driver's license of a driver who violates the Motor Vehicle Safety
Responsibility law.
Proposed law requires that DPS&C suspend, revoke, or cancel the driver's license of a driver
who violates the Motor Vehicle Safety Responsibility law.
Present law provides that DPS&C may suspend, revoke, or cancel the registration of each
motor vehicle owned by a driver who violates the Motor Vehicle Safety Responsibility law.
Proposed law requires that DPS&C suspend, revoke or cancel the registration of each motor
vehicle owned by a driver who violates the Motor Vehicle Safety Responsibility law.
Present law requires that DPS&C revoke the registration, impound, or cancel the vehicle
license plate of a vehicle not covered by security as required by the Motor Vehicle Safety
Responsibility law.
Proposed law retains present law but requires that DPS&C revoke the registration, impound
the vehicle, and cancel the vehicle license plate of a vehicle not covered by security as
required by the Motor Vehicle Safety Responsibility law.
Present law requires that DPS&C revoke the registration, impound the vehicle, and cancel
the vehicle license plate of a vehicle for period of not less than six months nor longer than
18 months when the owner submitted false information that the vehicle was covered by the
required security in his application for registration or in his application for inspection.
Proposed law retains present law but requires that DPS&C revoke the registration, impound
the vehicle, and cancel the vehicle license plate of a vehicle for period of not less than 12
months.
Present law requires that DPS&C impose a reinstatement fee of $25 if a vehicle was not
covered by the required security for a period of 1 to 31 days, a fee of $100 for a period of
31 to 90 days, and a fee of $200 for a period in excess of 90 days.
Proposed law retains present law but imposes a reinstatement fee of $100 if a vehicle was
not covered by the required security for a period of 1 to 31 days, a fee of $250 for a period
of 31 to 90 days, and a fee of $500 for a period in excess of 90 days.
Present law requires that DPS&C impose a reinstatement fee of $25 if a vehicle was not
covered by the required security for a period of 1 to 31 days, a fee of $100 for a period of
31 to 90 days, and a fee of $200 for a period in excess of 90 days when the registration has HLS 14RS-635 ORIGINAL
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been revoked because the owner submitted false information that the vehicle was covered
by the required security in his application for registration or in his application for inspection.
Proposed law retains present law but imposes a reinstatement fee of $250 if a vehicle was
not covered by the required security for a period of 1 to 31 days, a fee of $500 for a period
of 31 to 90 days, and a fee of $1,000 for a period in excess of 90 days.
Present law provides that if a person has multiple violations at the time of reinstatement, the
total amount of fees shall not exceed $500 for a person under 65 years old, and $200 for a
person 65 years or older.
Proposed law removes the maximum amount of fees that can be owed by any person at the
time of reinstatement.
Present law provides that DPS&C shall waive the sanctions and reinstatement fees for failure
to maintain the required security when the owner furnishes evidence to DPS&C that the
vehicle is currently covered by the required security
Proposed law retains present law but requires that the required security have been continuous
without lapse.
Present law requires DPS&C charge a reinstatement fee of $50 for a first offense and $150
for a second offense of failing to keep in the vehicle documentation that the vehicle is in
compliance with the Motor Vehicle Safety Responsibility law.
Proposed law retains present law but requires DPS&C charge a reinstatement fee of $100
for a first offense and $250 for a second offense.
Present law requires DPS&C collect a reinstatement administration fee of $10, in addition
to any other fines, fees, or penalties owed when a registration has been revoked for failing
to keep in the vehicle documentation that the vehicle is in compliance with the Motor
Vehicle Safety Responsibility law.
Proposed law retains present law but requires DPS&C collect a reinstatement administration
fee of $100.
Present law requires a fine of $50 for a first offense and a fine of $150 for a second offense
when the operator of a vehicle registered in another state is involved in an accident in La.
and is unable to provide documentation that the vehicle is in compliance with the Motor
Vehicle Safety Responsibility law.
Proposed law retains present law but requires a fine of $100 for a first offense and $250 for
a second offense.
Proposed law requires an insurer notify DPS&C within five days of receipt of a request from
an insured to cancel his motor vehicle liability policy.
Present law requires an insurer notify DPS&C when the insurer receives notification of
cancellation of a motor vehicle liability policy due to rescission or other cancellation of the
sale of the vehicle on which the policy was issued.
Proposed law retains present law but requires the insurer to notify DPS&C within five days
of notification of cancellation of a motor vehicle liability policy due to rescission or other
cancellation of the sale of the vehicle on which the policy was issued.
Present law requires a fine of not more than $125 for the submission of false information that
a vehicle was covered by the required security in an application for registration or an
application for inspection. HLS 14RS-635 ORIGINAL
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Proposed law retains present law but requires a minimum fine of $500 and a maximum fine
of $1,000.
Present law requires a fine of not more than $500 for knowingly operating a vehicle or
allowing to be operated without the required security.
Proposed law retains present law but requires a minimum fine of $500 and a maximum fine
of $1,000.
Present law requires a fine of not more than $500, revocation of vehicle registration for 60
days, and suspension of driving privileges for 60 days imposed upon the owner of a vehicle
involved in an accident in La. when not covered by the required security.
Proposed law retains present law but requires a minimum fine of $500 and a maximum fine
of $1,000, revocation of vehicle registration for 180 days, and suspension of driving
privileges for 180 days.
(Amends R.S. 32:862(G)(4) and (5), 863(A)(1), (3)(a), and (B)(2)(b), 863.1(C)(1)(c), (D),
and (I)(3), 863.2(A)(5) and (6), 864, and 865(A) and (B)(1))