2016 Regular Session ENROLLED
SENATE BILL NO. 95
BY SENATOR WARD
1 AN ACT
2 To amend and reenact R.S. 32:863.1(A) and to enact R.S. 32:863.1.1, relative to evidence
3 of compulsory motor vehicle liability security contained in a vehicle; to prohibit a
4 citation resulting in a penalty, fine, or fee for failure to have a document that
5 evidences proof of compulsory motor vehicle liability contained in a motor vehicle
6 at the time of a traffic stop when there is electronic verification of coverage; and to
7 provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 32:863.1(A) is hereby amended and reenacted and R.S. 32:863.1.1
10 is hereby enacted to read as follows:
11 §863.1. Evidence of compulsory motor vehicle liability security contained in
12 vehicle; enforcement; penalty; fees
13 A. No Except as provided in R.S. 863.1.1, no owner or lessee of a
14 self-propelled motor vehicle registered in this state, except a motor vehicle used
15 primarily for exhibit or kept primarily for use in parades, exhibits, or shows, or
16 agricultural or forest use vehicles during seasons when they are not used on the
17 highways, shall operate or allow the operation of such vehicle upon any public road,
18 street, or highway in this state unless there is contained within the vehicle one of the
19 following documents evidencing that the motor vehicle is in compliance with R.S.
20 32:861 relative to compulsory motor vehicle liability security:
21 (1) A certificate of insurance. "Certificate" means the written evidence of
22 motor vehicle liability insurance as defined in R.S. 32:900 that is in the form of one
23 of the following:
24 (a) An insurance identification card, a photocopy of the card, or an image of
25 the card displayed on a mobile electronic device, issued by an insurer to its insured
ACT No. 197
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 95 ENROLLED
1 which shall contain the following information:
2 (i) The name and address of the insurance company.
3 (ii) The insurance policy number.
4 (iii) A description of the motor vehicle insured under the policy.
5 (iv) The effective date and the expiration date of the policy.
6 (v) The name of any person who is excluded from coverage as authorized by
7 R.S. 32:900(L).
8 (b) A motor vehicle liability insurance policy or a duplicate original thereof.
9 (c) A motor vehicle liability insurance policy binder or a duplicate original
10 thereof.
11 (2) A duplicate original of a motor vehicle liability bond which complies with
12 the requirements for a motor vehicle liability bond set forth in R.S. 32:861(B).
13 (3) A certificate of the state treasurer stating that cash or securities have been
14 deposited with said treasurer as provided for under the provisions of R.S. 32:861(C).
15 (4) A certificate of self-insurance issued by the secretary under the provisions
16 of R.S. 32:1042 qualifying the owner of the vehicle as a self-insurer.
17 * * *
18 §863.1.1. Evidence of compulsory motor vehicle liability security not contained
19 in a motor vehicle; prohibition of citation resulting in a penalty
20 or fee
21 Notwithstanding any other provision of law to the contrary, at the time
22 any law enforcement officer stops a vehicle at an administrative violations
23 checkpoint, or in connection with an alleged violation of the law, or for any
24 other reason, or when a law enforcement officer investigates an accident and the
25 owner or operator fails to have a document that evidences compulsory motor
26 vehicle liability security contained in the motor vehicle, and the law
27 enforcement officer is able to verify electronically that the owner or operator
28 has current motor vehicle liability security covering the vehicle at the time of
29 the traffic stop, the law enforcement officer shall be prohibited from issuing a
30 citation resulting in a penalty, fine, or fee for failure to have a document that
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 95 ENROLLED
1 evidences proof of compulsory motor vehicle liability security contained in the
2 motor vehicle.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.