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ACT No. 639
Regular Session, 2014
HOUSE BILL NO. 851
BY REPRESENTATIVE TALBOT
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, provided that in lieu of imposing a monetary fine, the court may order the19
violator to purchase motor vehicle liability insurance and to submit proof of such20
insurance to the court.21
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§863. Sanctions for false declaration; reinstatement fees; revocation of registration;1
review2
A.(1) Except as provided herein below in this Section, when the secretary3
determines that a vehicle is not covered by security as required by this Chapter or4
that the owner or lessee has allowed the required security to lapse, he shall revoke5
the registration of 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-fi ve fifty14
dollars per violation of Paragraph (1) of this Subsection if the vehicle was not15
covered by the required security for a period of one to thirty days, one hundred fifty16
dollars if the vehicle was not covered by required security for a period of thirty-one17
to ninety days, and two three hundred dollars if the vehicle was not covered by18
required security for a period in excess of ninety days. No reinstatement fee shall19
be imposed by the secretary if the vehicle was not covered by required security for20
a period of ten days or less and the insured surrenders the vehicle's license plate to21
the secretary within ten days. The reinstatement fees for violations of Paragraph (2)22
of this Subsection shall be as follows: twenty-five one hundred twenty-five dollars23
for a first violation, one two hundred dollars for a second violation, and two hundred24
four hundred dollars for a third or subsequent violation, provided the offenses25
occurred within a five-year period. The reinstatement fee shall not be owed for an26
alleged violation of Paragraph (2) of this Subsection when proof of the required27
security is provided to the secretary. If at the time of reinstatement a person has28
multiple violations, the total amount of fees to be paid shall not exceed five hundred29
dollars, including any administrative fees for persons under sixty-five years old. At30 ENROLLEDHB NO. 851
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no time shall the total amount of fees, including any administrative fees, exceed two1
hundred dollars for persons sixty-five years or older.2
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B. The sanctions of Paragraph (A)(1) of this Section shall not be imposed,4
and any fine, fee, or other monetary sanction which has been remitted to the5
secretary pursuant to the sanctions of this Section, specifically including any6
reinstatement fee paid pursuant to Paragraph (A)(3) of this Section and any fee paid7
pursuant to Paragraph (D)(5) of this Section, shall be promptly refunded by the8
secretary to the person who paid it, if the owner or lessee furnishes any of the9
following:10
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(2) If such evidence is not furnished by the owner or lessee, any other12
evidence satisfactory to the secretary, that each of the following conditions are met:13
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(b) The vehicle is currently covered by security as required by R.S. 32:86115
and that the required security has been continuous without lapse.16
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§863.1. Evidence of compulsory motor vehicle liability security contained in18
vehicle; enforcement; penalty; fees19
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I.21
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(3) If the owner fails to provide the proof required in Paragraph (2) of this23
Subsection, there shall be a fine of fifty one hundred dollars for a first offense, a fine24
of one two hundred fifty dollars for a second offense, and a fine of five hundred25
dollars for any subsequent offense.26
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§864. Criminal sanctions for false declaration28
Any person, firm, or corporation which violates R.S. 32:863(A)(2) shall be29
guilty of a misdemeanor and upon conviction shall be fined not more less than one30 ENROLLEDHB NO. 851
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two hundred twenty-five fifty dollars nor more than five hundred dollars or1
imprisoned for a period of not more than thirty days. 2
§865. Criminal sanctions for operating motor vehicle not covered by security3
A. Any person knowingly operating a motor vehicle and any owner allowing4
a motor vehicle to be operated, when such motor vehicle is not covered by the5
security required under R.S. 32:861 shall, upon conviction, be fined not more less6
than five hundred dollars nor more than one thousand dollars. 7
B.(1) If the vehicle is in any manner involved in an accident within this state,8
when such motor vehicle is not covered by the security required under R.S. 32:861,9
the owner thereof shall, upon conviction, be fined not more less than five hundred10
dollars nor more than one thousand dollars, shall have the registration of the vehicle11
revoked for a period of sixty one hundred eighty days, and shall have his driving12
privileges suspended for a period of sixty one hundred eighty days. 13
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Section 2. This Act shall become effective on February 1, 2015.15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: