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Regular Session, 2014
HOUSE BILL NO. 896
BY REPRESENTATIVES DANAHAY AND WILLMOTT
TRAFFIC/VIOLATIONS: Prohibits the use of photo speed enforcement devices on
interstates
AN ACT1
To enact R.S. 32:43, relative to automated speed enforcement devices; to prohibit the2
installation and use of automated speed enforcement systems on state highways; to3
prohibit the imposition and collection of certain fines, fees, or penalties under certain4
circumstances; to provide for definitions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:43 is hereby enacted to read as follows:7
ยง43. Automated speed enforcement devices; prohibition8
A.(1) Local municipal authorities or local parish authorities shall not install9
or utilize automated speed enforcement devices to regulate traffic on interstate10
roadways within their corporate or territorial limits.11
(2) The provisions of this Section shall not apply to highway construction12
zones, where work is being performed by the Department of Transportation and13
Development or a private contractor under contract with the Department of14
Transportation and Development, where construction workers are present. However,15
the exemption provided by this Paragraph shall not apply to local municipal16
authorities and local parish authorities.17
B. For the purposes of this Section, the term "automated speed enforcement18
device" means an unmanned or handheld camera or optical device installed to work19
in conjunction with a traffic control signal or radar speed detection equipment, or20
both, and designed to collect photographic evidence of alleged traffic violations for21
the issuance of traffic citations by recording images that depict the license plate or22 HLS 14RS-296 REENGROSSED
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other identifying feature of a motor vehicle not in compliance with instruction of a1
traffic control signal or posted traffic sign.2
C. Effective January 1, 2015, local municipal authorities or local parish3
authorities shall not impose or collect any civil or criminal fine, fee, or penalty as a4
result of an image produced by an automated speed enforcement device in violation5
of this Section.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
Section 3. Any local municipal authority or local parish authority using an12
automated speed enforcement device in violation of this Act shall discontinue such use by13
January 1, 2015.14
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)]
Danahay HB No. 896
Abstract: Prohibits the use of photo speed enforcement devices on state maintained roads
within the territorial or corporate limits of a municipality or parish.
Proposed law prohibits the use of automated speed enforcement devices by local municipal
authorities or local parish authorities on interstate roadways within their corporate or
territorial limits.
Proposed law excludes highway construction zones where construction workers are present
and work is being performed by the Department of Transportation and Development
(DOTD) or a private contractor with DOTD. However, prohibits the application of the
exception to local municipal authorities and local parish authorities regardless of whether
they are performing construction work.
Proposed law defines "automated speed enforcement device" as an unmanned or handheld
camera or optical device installed to work in conjunction with a traffic control signal or radar
speed detection equipment, or both, and designed to collect photographic evidence of alleged
traffic violations for the issuance of traffic citations by recording images that depict the
license plate or other identifying feature of a motor vehicle not in compliance with
instruction of a traffic control signal or posted traffic sign. HLS 14RS-296 REENGROSSED
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Proposed law prohibits any local municipal authority or local parish authority from imposing
or collecting any civil or criminal fine, fee, or penalty as a result of an image produced in
violation of proposed law on or after Jan. 1, 2015.
Requires any local municipal authority or local parish authority to discontinue use of
automated speed enforcement devices in violation of this Act by Jan. 1, 2015.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 32:43)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Authorizes the use of automated speed enforcement devices on interstate
highways where DOTD or one of its contractor's is performing construction
work.
2. Prohibits local municipal and parish authorities from using automated speed
enforcement devices on interstate highways regardless of whether the local
authority is performing construction work.