2017 Regular Session ENROLLED
SENATE RESOLUTION NO. 198
BY SENATOR ERDEY
A RESOLUTION
To urge and request 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.
WHEREAS, R.S. 32:155, enacted by Act 781 of the 2014 Regular Session of the
Legislature, and effective August 1, 2014, provides authority for any police officer, as the
result of a motor vehicle crash or incident, to remove, without consent of the owner, any
vehicle, cargo, or other movable property damaged or spilled upon the roadway or its
shoulder that 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; and
WHEREAS, R.S. 32:155 authorizes vehicle and cargo removal from roadways in
Louisiana included in the state and federal highway system and requires a police officer to
take immediate action and give priority to opening all roadway lanes to traffic to relieve
traffic congestion and minimize delay to the motoring public during peak traffic hours such
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
does not impair the protection of public safety; and
WHEREAS, except for gross negligence, no liability attaches to a police officer who
exercises his authority to remove vehicles and cargo from a roadway following a motor
vehicle crash or incident; and
WHEREAS, motor vehicle crashes and incidents that block travel lanes and obstruct
traffic occur frequently on Louisiana's congested state and federal highways; and
WHEREAS, police officers appear to give priority to the crashed vehicles and cargo
rather than immediately removing vehicles and cargo from the travel lanes and opening the
travel lanes to traffic to relieve traffic congestion and minimize delay to the motoring public.
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THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request 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 to minimize delay to the motoring public.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
deputy secretary of the Department of Public Safety and Corrections, public safety services,
the Louisiana Municipal Association, the Police Jury Association of Louisiana, the
Louisiana Association of Chiefs of Police, and the Louisiana Sheriffs' Association, and that
each association disseminate this Resolution to its membership.
PRESIDENT OF THE SENATE
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