SLS 14RS-1679 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 661
BY SENATOR ERDEY
ROADS/HIGHWAYS. Provides authority to remove vehicles and cargo from roadways.
(8/1/14)
AN ACT1
To enact R.S. 32:155, relative to motor vehicles; to provide authority to remove vehicles,2
cargo, or other personal property from roadways; to provide for reopening roadway3
lanes during peak traffic hours; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:155 is hereby enacted to read as follows: 6
ยง155. Authority to remove vehicles and cargo7
A. As a result of a motor vehicle accident or incident, the commissioner,8
the secretary, any police officer, any public safety agency, or any person acting9
at their direction or request, may, without the consent of the owner,10
immediately remove or have removed any vehicle, cargo, or other personal11
property that has been damaged or spilled within the highway which constitutes12
a hazard or obstructs traffic when such removal will improve public health or13
safety and reduce accident or incident-related traffic congestion and delay.14
B. When a motor vehicle accident or traffic incident occurs during peak15
traffic hours, the commissioner, secretary, any police officer, any public safety16
agency, or any person acting at their direction or request, shall take immediate17 SB NO. 661
SLS 14RS-1679 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
action and give priority to opening all roadway lanes to traffic so as to relieve1
traffic congestion and minimize delay to the motoring public. For purposes of2
this Section, peak traffic hours shall be considered 7:00 a.m. to 9:00 a.m. and3
4:00 p.m. to 6:00 p.m. on weekdays.4
C. No liability shall attach to the secretary, commissioner, any police5
officer, any public safety agency, or to any person acting under their direction6
or request, for damage to a vehicle, cargo, or other personal property, which7
may result from the exercise or failure to exercise any authority granted under8
this Section in the absence of gross negligence.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Erdey (SB 661)
Proposed law provides removal authority, as result of a motor vehicle accident or incident,
to the secretary, commissioner, any police officer, any public safety agency, or any person
acting at their direction or request, without the consent of the owner, to immediately remove
or have removed any vehicle, cargo, or other personal property that has been damaged or
spilled within the highway which constitutes a hazard or obstructs traffic when such removal
will improve public health or safety and reduce accident or incident-related traffic
congestion and delay.
Proposed law requires the secretary, commissioner, any police officer, any public safety
agency, or any person acting at their direction or request to take immediate action and give
priority to opening all roadway lanes to traffic so as to relieve traffic congestion and
minimize delay to the motoring public. Defines peak traffic hours as 7:00 a.m. to 9:00 a.m.
and 4:00 p.m. to 6:00 p.m. on weekdays.
Proposed law provides that there is no liability for exercise or failure to exercise removal
authority in the absence of gross negligence.
Effective August 1, 2014.
(Adds R.S. 32:155)