HLS 14RS-1328 ENGROSSED
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are additions.
Regular Session, 2014
HOUSE BILL NO. 893
BY REPRESENTATIVE SCHEXNAYDER
MTR VEHICLE/INSPECTION: Provides for physical inspections of a vehicle by a
P.O.S.T. certified law enforcement officer
AN ACT1
To amend and reenact R.S. 32:706.2(A)(1), 707.5(D)(1), 1728(D)(6), 1728.2(D)(2) and2
(G)(1), 1728.3(D)(1)(b) and (F)(1)(a), and 1728.4(C)(5), relative to vehicle3
inspections; to provide that a peace officer can conduct physical inspections of a4
vehicle; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:706.2(A)(1), 707.5(D)(1), 1728(D)(6), 1728.2(D)(2) and (G)(1),7
1728.3(D)(1)(b) and (F)(1)(a), and 1728.4(C)(5) are hereby amended and reenacted to read8
as follows:9
§706.2. Requirements for vehicle identification number inspections10
A.(1) Any physical inspection of a vehicle for the purpose of vehicle11
identification number verification shall be by a full-time peace officer, as defined by12
R.S. 40:2402(3)(a) Peace Officer Standards and Training (P.O.S.T.) certified law13
enforcement officer, who has been trained and certified by the Department of Public14
Safety and Corrections, office of state police, to inspect motor vehicles.15
* * *16
§707.5. Assembled vehicles17
* * *18
D. Prior to applying for a title or registration from the Department of Public19
Safety and Corrections, the assembler shall:20 HLS 14RS-1328 ENGROSSED
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(1) Obtain a physical inspection of the assembled vehicle by a full-time1
Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer2
who has been trained and certified by the Department of Public Safety and3
Corrections, office of state police, to inspect motor vehicles.4
* * *5
§1728. Disposal of a stored motor vehicle6
* * *7
D. Prior to issuance of the permit to sell or permit to dismantle, the storage8
or parking facility owner shall provide the department with the following evidence:9
* * *10
(6) If the department requires an affidavit of physical inspection of the stored11
vehicle, it shall be completed by a full-time Peace Officer Standards and Training12
(P.O.S.T.) certified law enforcement officer, who has been trained and certified by13
the Department of Public Safety and Corrections, office of state police, to inspect14
vehicles to be crushed or dismantled. 15
§1728.2. Procedure for disposal of junk vehicles16
* * *17
D. Each owner-operator who possesses a vehicle which meets the criteria set18
forth in Paragraph (C)(2) of this Section may make application for crushing of the19
vehicle at the expiration of thirty days or make application for the dismantling of the20
vehicle at the expiration of thirty days from mailing of the notice. The application21
shall be made in a format authorized by the department upon satisfaction and22
submission of each of the following requirements:23
* * *24
(2) The owner-operator has the vehicle physically inspected by a full time25
Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer,26
who has been trained and certified by the Department of Public Safety and27
Corrections, office of state police, to inspect vehicles to be crushed or dismantled.28
* * *29 HLS 14RS-1328 ENGROSSED
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are additions.
G. The owner-operator shall maintain copies of the following records on all1
vehicles crushed or dismantled under the provisions of this Section:2
(1) Completed physical inspection form as prepared by a full-time Peace3
Officer Standards and Training (P.O.S.T.) certified law enforcement officer who has4
been trained and certified by the Department of Public Safety and Corrections, office5
of state police, to inspect vehicles to be crushed or dismantled.6
* * *7
§1728.3 Procedure for disposal of certain vehicles deemed abandoned by8
municipality or parish9
* * *10
D.(1) Each owner-operator who possesses a vehicle which meets the criteria11
set forth in Subsection C of this Section may crush or dismantle the vehicle provided12
the owner-operator satisfies each of the following requirements:13
* * *14
(b) The owner-operator has the vehicle physically inspected by a full-time15
Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer16
who has been trained and certified by the Department of Public Safety and17
Corrections, office of state police, to inspect vehicles to be crushed or dismantled.18
* * *19
F.(1) The owner-operator shall maintain the following records on all vehicles20
crushed or dismantled under the provisions of this Section:21
(a) A completed physical inspection form as prepared by a full-time Peace22
Officer Standards and Training (P.O.S.T.) certified law enforcement officer who has23
been trained and certified by the Department of Public Safety and Corrections, office24
of state police, to inspect vehicles to be crushed or dismantled.25
* * *26
§1728.4. Procedure for disposal of vehicles with no record of ownership; out-of-27
country vehicles28
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C. Prior to issuance of the permit to sell or permit to dismantle the stored1
vehicle, the storage or parking facility owner shall provide the department with the2
following information:3
* * *4
(5) An affidavit of physical inspection completed by a full-time Peace5
Officer Standards and Training (P.O.S.T.) certified law enforcement officer, who has6
been trained and certified by the Department of Public Safety and Corrections, office7
of state police, to inspect motor vehicles.8
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)]
Schexnayder HB No. 893
Abstract: Removes the requirement that an officer be full-time in order to conduct physical
inspections of vehicles.
Present law (R.S. 32:706.2) provides that any physical inspection of a vehicle for the
purpose of vehicle identification number verification shall be by a full-time peace officer.
Proposed law provides that any physical inspection of a vehicle for the purpose of vehicle
identification number verification shall be by a P.O.S.T. certified law enforcement officer,
whether he is full-time or not.
Present law (R.S. 32:707.5) provides that prior to applying for a title or registration from the
Dept. of Public Safety and Corrections and the assembler shall obtain a physical inspection
of the assembled vehicle by a full-time P.O.S.T. certified law enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be
full-time.
Present law (R.S. 32:1728) provides that prior to the issuance of the permit to sell or permit
to dismantle, the storage or parking facility owner shall provide the department with an
affidavit of physical inspection of the stored vehicle if required by the department, and the
affidavit shall be completed by a full-time P.O.S.T. certified law enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be
full-time.
Present law (R.S. 32:1728.2) provides that an owner-operator who possesses a vehicle that
meets the criteria may make application for crushing the vehicle or dismantling the vehicle.
Requires the application satisfy certain requirements, including that the owner-operator has
the vehicle physically inspected by a full-time P.O.S.T. certified law enforcement officer.
Also requires the owner-operator maintain a copy of the complete physical inspection form
as prepared by a full-time P.O.S.T. certified law enforcement officer. HLS 14RS-1328 ENGROSSED
HB NO. 893
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be
full-time.
Present law (R.S. 32:1728.3) provides that each owner-operator who possesses a vehicle that
meets the criteria may crush or dismantle the vehicle provided the owner-operator has the
vehicle physically inspected by a full-time P.O.S.T. certified law enforcement officer.
Provides that the owner-operator maintain a copy of a completed physical inspection form
as prepared by a full-time P.O.S.T. certified law enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be
full-time.
Present law (R.S. 32:1728.4) provides that prior to the issuance of the permit to sell or
permit to dismantle the stored vehicle, the storage or parking facility owner shall provide the
department with an affidavit of physical inspection completed by a full-time P.O.S.T.
certified law enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be
full-time but specifies that such officer be trained and certified by the Dept. of Public Safety
and Corrections, office of state police, to inspect vehicles.
(Amends R.S. 32:706.2(A)(1), 707.5(D)(1), 1728(D)(6), 1728.2(D)(2) and (G)(1),
1728.3(D)(1)(b) and (F)(1)(a), and 1728.4(C)(5))