SLS 17RS-3041 ORIGINAL
2017 Regular Session
SENATE RESOLUTION NO. 198
BY SENATOR ERDEY
TRAFFIC. Requests all law enforcement agencies throughout the state to educate and train
their officers regarding their authority to remove vehicles and cargo as a result of a motor
vehicle crash or incident during peak traffic hours on roadways in the state and federal
highway system.
1 A RESOLUTION
2 To urge and request all law enforcement agencies throughout Louisiana to educate and train
3 their officers regarding their authority to remove vehicles and cargo from the
4 roadway or shoulder during peak traffic hours and to prioritize opening all roadway
5 lanes to traffic to relieve traffic congestion and minimize delay to the motoring
6 public.
7 WHEREAS, R.S. 32:155, enacted by Act 781 of the 2014 Regular Session of the
8 Legislature, and effective August 1, 2014, provides authority for any police officer, as the
9 result of a motor vehicle crash or incident, to remove, without consent of the owner, any
10 vehicle, cargo, or other movable property damaged or spilled upon the roadway or its
11 shoulder that constitutes a hazard or obstructs traffic when such removal will improve public
12 health or safety and reduce crash- or incident-related traffic congestion and delay; and
13 WHEREAS, R.S. 32:155 authorizes vehicle and cargo removal from roadways in
14 Louisiana included in the state and federal highway system and requires a police officer to
15 take immediate action and give priority to opening all roadway lanes to traffic to relieve
16 traffic congestion and minimize delay to the motoring public during peak traffic hours such
17 as from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on weekdays provided removal
18 does not impair the protection of public safety; and
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SLS 17RS-3041 ORIGINAL
1 WHEREAS, except for gross negligence, no liability attaches to a police officer who
2 exercises his authority to remove vehicles and cargo from a roadway following a motor
3 vehicle crash or incident; and
4 WHEREAS, motor vehicle crashes and incidents that block travel lanes and obstruct
5 traffic occur frequently on Louisiana's congested state and federal highways; and
6 WHEREAS, police officers appear to give priority to the crashed vehicles and cargo
7 rather than immediately removing vehicles and cargo from the travel lanes and opening the
8 travel lanes to traffic to relieve traffic congestion and minimize delay to the motoring public.
9 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
10 does hereby urge and request all law enforcement agencies throughout Louisiana to educate
11 and train their officers regarding their authority to remove vehicles and cargo from the
12 roadway or shoulder during peak traffic hours and to prioritize opening all roadway lanes
13 to traffic to relieve traffic congestion and to minimize delay to the motoring public.
14 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
15 deputy secretary of the Department of Public Safety and Corrections, public safety services,
16 the Louisiana Municipal Association, the Police Jury Association of Louisiana, the
17 Louisiana Association of Chiefs of Police, and the Louisiana Sheriffs' Association, and that
18 each association disseminate this Resolution to its membership.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SR 198 Original 2017 Regular Session Erdey
Requests all law enforcement agencies throughout Louisiana to educate and train their
officers regarding their authority to remove vehicles and cargo from the roadway or shoulder
during peak traffic hours and to prioritize opening all roadway lanes to traffic to relieve
traffic congestion and minimize delay to the motoring public.
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