Erdey (SB 661) Act No. 781
New 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.
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.
Provides that there is no liability for exercise or failure to exercise removal authority in the
absence of gross negligence.
Applies only to roadways included within the state and federal highway system in this state.
Effective August 1, 2014.
(Adds R.S. 32:155)