Louisiana 2014 2014 Regular Session

Louisiana House Bill HB851 Comm Sub / Analysis

                    Page 1 of 3
Prepared by Sharon F. Lyles.
Talbot	HB No. 851
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
MTR VEHICLE/COMPULS INS:  Increases penalties and reinstatement fees for
driving with a cancelled auto liability policy. (2/3-Const7s2.1)
DIGEST
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 but
authorizes the court to order a violator to purchase insurance and provide proof of insurance
to the court in lieu of imposing a monetary fine.
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.
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 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 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 one 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 $50 if a vehicle was not covered by
the required security for a period of one to 31 days, to $150 for a period of 31 to 90 days, and
to $300 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 one 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 $125 if a vehicle was not covered
by the required security for a period of one to 31 days, to $200 for a period of 31 to 90 days,
and to $400 for a period in excess of 90 days. Page 2 of 3
Prepared by Sharon F. Lyles.
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.
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 $250 and a maximum fine
of $500.
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 $250 and a maximum fine
of $500.
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 Feb. 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. Page 3 of 3
Prepared by Sharon F. Lyles.
House Floor Amendments to the engrossed bill.
1. Changed the reinstatement fees imposed by DPS&C to $50 if a vehicle was not
covered by the required security for a period of one to 31 days, a fee of $150 for
a period of 31 to 90 days, and a fee of $300 for a period in excess of 90 days.
2. Changed the reinstatement fees to $125 if a vehicle was not covered by the
required security for one to 31 days, $200 for a period of 31 to 90 days, and $400
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.
3. Changed the fine for knowingly operating a vehicle or allowing a vehicle to be
operated without the required security to a minimum of $250 and a maximum of
$500.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways,
and Public Works to the reengrossed bill
1. Authorizes the court to order a violator to purchase insurance and provide proof
of insurance to the court in lieu of imposing a monetary fine.