SLS 14RS-1679 REENGROSSED
Page 1 of 3
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 collision or incident, any police officer8
or any person acting at the officer's direction or request may, without the9
consent of the owner, immediately remove or have removed any vehicle, cargo,10
or other movable property that has been damaged or spilled upon the roadway11
or shoulder of the roadway which constitutes a hazard or obstructs traffic when12
such removal will improve public health or safety and reduce collision or13
incident-related traffic congestion and delay.14
B. When a motor vehicle collision or traffic incident occurs during peak15
traffic hours, any police officer or any person acting at the officer's direction or16
request shall take immediate action and give priority to opening all roadway17 SB NO. 661
SLS 14RS-1679 REENGROSSED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
lanes to traffic so as to relieve traffic congestion and minimize delay to the1
motoring public provided such action does not impair the protection of public2
safety. For purposes of this Section, peak traffic hours shall be considered 7:003
a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on weekdays.4
C. No liability shall attach to any police officer or to any person acting5
under the officer's direction or request for damages to a vehicle, cargo, or other6
movable property, that may result from the exercise or failure to exercise any7
authority granted under this Section in the absence of gross negligence.8
D. The provisions of this Section apply only to roadways in this state9
included within the National Highway System.10
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 collision or incident,
to any police officer or any person acting at the officer's direction or request, without the
consent of the owner, to immediately remove or have removed any vehicle, cargo, or other
movable property that has been damaged or spilled upon the roadway or shoulder of the
roadway which constitutes a hazard or obstructs traffic when such removal will improve
public health or safety and reduce collision or incident-related traffic congestion and delay.
Proposed law requires any police officer or any person acting at the officer's 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 provided such
action does not impair the protection of public safety. 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.
Proposed law applies only to roadways included within the National Highway System in this
state.
Effective August 1, 2014.
(Adds R.S. 32:155)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Changes "accident" to "crash".
2. Removes the secretary, commissioner, and any public safety agency. SB NO. 661
SLS 14RS-1679 REENGROSSED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
3. Changes "within the highway" to "upon the roadway or shoulder of the
roadway".
4. Provides that removal during peak hours does not impair protection of public
safety.
5. Provides proposed law applies only to roadways within the National
Highway System of the state.
Senate Floor Amendments to engrossed bill
1. Changes "crash" to "collision".
2. Changes "personal property" to "movable property".
3. Makes technical changes.