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Regular Session, 2014
HOUSE BILL NO. 851
BY REPRESENTATIVE TALBOT
MTR VEHICLE/COMPULS INS: Increases penalties for driving with a cancelled auto
liability policy
AN ACT1
To amend and reenact R.S. 32:862(G)(4), 863(A)(1), (3)(a), and (B)(2)(b), 863.1(I)(3), 864,2
and 865(A) and (B)(1), relative to the penalties for operating a motor vehicle3
without the required motor vehicle liability security; to increase penalties for failing4
to provide required proof of compliance; to require suspension, revocation, and5
cancellation of driver's license and registration for violations; to remove limits on the6
maximum amount of penalties and reinstatement fees that are assessed; to increase7
the administrative reinstatement fee; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 32:862(G)(4), 863(A)(1), (3)(a), and (B)(2)(b), 863.1(I)(3), 864, and10
865(A) and (B)(1) are hereby amended and reenacted to read as follows: 11
§862. Proof of compliance12
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G. The prohibited actions and penalties for violations thereof are as follows:14
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(4) Whoever violates the provisions of this Subsection shall be fined not less16
than five hundred dollars nor more than one thousand dollars and shall be required17
to perform not less than forty hours nor more than two hundred hours of community18
service.19
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§863. Sanctions for false declaration; reinstatement fees; revocation of registration;1
review2
A.(1) Except as provided herein below, when the secretary determines that3
a vehicle is not covered by security as required by this Chapter or that the owner or4
lessee has allowed the required security to lapse, he shall revoke the registration of5
the vehicle, and impound or cancel the vehicle's license plate.6
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(3)(a) Sanctions for a violation of Paragraph (1) of this Subsection shall be8
imposed until proof of required liability security is provided to the secretary and all9
reinstatement fees are paid. Sanctions for a violation of Paragraph (2) of this10
Subsection shall be imposed for a period of not less than six twelve months nor more11
than eighteen months. However, in no event shall these sanctions be removed until12
such time as proof of the required security is provided to the secretary along with all13
appropriate fees required by law, including a reinstatement fee of twenty-f ive one14
hundred dollars per violation of Paragraph (1) of this Subsection if the vehicle was15
not covered by the required security for a period of one to thirty days, one two16
hundred fifty dollars if the vehicle was not covered by required security for a period17
of thirty-one to ninety days, and two five hundred dollars if the vehicle was not18
covered by required security for a period in excess of ninety days. No reinstatement19
fee shall be imposed by the secretary if the vehicle was not covered by required20
security for a period of ten days or less and the insured surrenders the vehicle's21
license plate to the secretary within ten days. The reinstatement fees for violations22
of Paragraph (2) of this Subsection shall be as follows: twenty-five two hundred fifty23
dollars for a first violation, one five hundred dollars for a second violation, and two24
hundred one thousand dollars for a third or subsequent violation, provided the25
offenses occurred within a five-year period. The reinstatement fee shall not be owed26
for an alleged violation of Paragraph (2) of this Subsection when proof of the27
required security is provided to the secretary. If at the time of reinstatement a person28
has multiple violations, the total amount of fees to be paid shall not exceed five29 HLS 14RS-635 ENGROSSED
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hundred dollars, including any administrative fees for persons under sixty-five years1
old. At no time shall the total amount of fees, including any administrative fees,2
exceed two hundred dollars for persons sixty-five years or older.3
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B. The sanctions of Paragraph (A)(1) of this Section shall not be imposed,5
and any fine, fee, or other monetary sanction which has been remitted to the6
secretary pursuant to the sanctions of this Section, specifically including any7
reinstatement fee paid pursuant to Paragraph (A)(3) of this Section and any fee paid8
pursuant to Paragraph (D)(5) of this Section, shall be promptly refunded by the9
secretary to the person who paid it, if the owner or lessee furnishes any of the10
following:11
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(2) If such evidence is not furnished by the owner or lessee, any other13
evidence satisfactory to the secretary, that each of the following conditions are met:14
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(b) The vehicle is currently covered by security as required by R.S. 32:86116
and that the required security has been continuous without lapse.17
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§863.1. Evidence of compulsory motor vehicle liability security contained in19
vehicle; enforcement; penalty; fees20
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I.22
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(3) If the owner fails to provide the proof required in Paragraph (2) of this24
Subsection, there shall be a fine of fifty one hundred dollars for a first offense, a fine25
of one two hundred fifty dollars for a second offense, and a fine of five hundred26
dollars for any subsequent offense.27
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§864. Criminal sanctions for false declaration1
Any person, firm, or corporation which violates R.S. 32:863(A)(2) shall be2
guilty of a misdemeanor and upon conviction shall be fined not more less than one3
five hundred twenty-five dollars nor more than one thousand dollars or imprisoned4
for a period of not more than thirty days. 5
§865. Criminal sanctions for operating motor vehicle not covered by security6
A. Any person knowingly operating a motor vehicle and any owner allowing7
a motor vehicle to be operated, when such motor vehicle is not covered by the8
security required under R.S. 32:861 shall, upon conviction, be fined not more less9
than five hundred dollars nor more than one thousand dollars. 10
B.(1) If the vehicle is in any manner involved in an accident within this state,11
when such motor vehicle is not covered by the security required under R.S. 32:861,12
the owner thereof shall, upon conviction, be fined not more less than five hundred13
dollars nor more than one thousand dollars, shall have the registration of the vehicle14
revoked for a period of sixty one hundred eighty days, and shall have his driving15
privileges suspended for a period of sixty one hundred eighty days. 16
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Section 2. This Act shall become effective on February 1, 2015.18
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. HLS 14RS-635 ENGROSSED
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are additions.
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 requires that DPS&C revoke the registration, and impound the vehicle, or
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 6 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 a 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 increases the required reinstatement fee to $100 if a vehicle was not covered
by the required security for a period of 1 to 31 days, to $250 for a period of 31 to 90 days,
and to $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
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 increases the required reinstatement fee to $250 if a vehicle was not covered
by the required security for a period of 1 to 31 days, to $500 for a period of 31 to 90 days,
and to $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 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. HLS 14RS-635 ENGROSSED
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Proposed law increases the fine to $100 for a first offense and to $250 for a second offense.
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.
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, increases the revocation of the vehicle registration to 180 days, and suspension
of driving privileges to 180 days.
Effective February 1, 2015.
(Amends R.S. 32:862(G)(4), 863(A)(1), (3)(a), and (B)(2)(b), 863.1(I)(3), 864, and 865(A)
and (B)(1))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Made technical changes.
2. Removed increases in the reinstatement fee.
3. Removed changes to the notification of cancellation or issuance of security and
penalties.
4. Added the effective date of Feb. 1, 2015.