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 crash 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 personal 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
crash 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.
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.