SLS 18RS-894 ORIGINAL
2018 Regular Session
SENATE BILL NO. 469
BY SENATOR WARD
MOTOR VEHICLES. Provides relative to towable equipment. (8/1/18)
1 AN ACT
2 To amend and reenact R.S. 32:1252(8) and (56) and R.S. 39:2182(E), and to enact R.S.
3 32:1252(73) and (74) and 1254(P) and R.S. 39:2182(F), relative to motor vehicles;
4 to provide for definitions; to exempt the procurement or sale of certain towable
5 equipment from licensure; to authorize acceptance by a public entity of a valid
6 dealer's license within a certain time period; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:1252(8) and (56) are hereby amended and reenacted and R.S.
9 32:1252(73) and (74) and 1254(P) are hereby enacted to read as follows:
10 §1252. Definitions
11 The following words, terms, and phrases, when used in this Chapter, shall
12 have the meanings respectively ascribed to them in this Section, except where the
13 context clearly indicates a different meaning:
14 * * *
15 (8) "Converter" or "secondary manufacturer" means a person who prior to the
16 retail sale of motor vehicles or trailers, assembles, installs, or affixes a body, cab, or
17 special equipment to a chassis, or who substantially adds, subtracts from, or modifies
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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. 469
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1 a previously assembled or manufactured motor vehicle or trailer, but does not
2 include towable equipment as defined in this Chapter.
3 * * *
4 (56) "Trailer" means every single vehicle without motive power designed for
5 carrying property or passengers wholly on its own structure, drawn by a motor
6 vehicle which carries no part of the weight and load of the trailer on its own wheels
7 and having one or more load carrying axles. "Trailer" includes but is including but
8 not limited to utility trailers, boat trailers, recreational trailers, semitrailers, livestock
9 trailers, tow dollies, and dump trailers, and excluding towable equipment as
10 defined in this Chapter.
11 * * *
12 (73) "Tow dolly" means a trailer equipped with one or more axles
13 designed to connect to a tow bar on the rear of a motor vehicle that is used to
14 tow another vehicle and is not a type of towable equipment as defined in this
15 Chapter. The front or rear wheels of the towed vehicle are secured to and rest
16 upon the tow dolly.
17 (74) "Towable equipment" means equipment that is permanently affixed
18 to or integrated upon a trailer intended for use when the trailer is not traveling
19 on a road and where its capability for road travel or transport of other property
20 is incidental or secondary to the primary operational purpose of the equipment
21 including, but not limited to towable signage, message boards, generators,
22 lighting tower masts, speed monitoring and traffic cameras, air compressors,
23 water pumps, crash attenuators, or road maintenance equipment such as a
24 pothole patcher or a chipper brush.
25 * * *
26 §1254. Application for license; requirements for licensure; contents; licenses;
27 franchise filings; exceptions
28 * * *
29 P. Notwithstanding any provision of law to the contrary and the
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Coding: Words which are struck through are deletions from existing law;
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1 provisions of Subsection N of this Section, this Chapter shall not apply to the
2 procurement or sale of towable equipment as defined in this Chapter.
3 Section 2. R.S. 39:2182(E) is hereby amended and reenacted and R.S.
4 39:2182(F) is hereby enacted to read as follows:
5 §2182. Prohibition of bids from or contracts with unlicensed dealers
6 * * *
7 E. Notwithstanding any provision of law to the contrary and the
8 provisions of Subsections B and C of this Section, a public entity may accept a
9 bid for the sale of vehicles submitted by a vehicle dealer who is licensed on the
10 bid opening date even when a copy of the valid dealer's license is not enclosed
11 with the original bid submission, provided that a copy of the dealer's valid
12 license is received by the public entity not later than ten business days following
13 the bid opening date.
14 F. If in the course of an audit or review by the legislative auditor, pursuant
15 to the powers and duties in R.S. 24:513, a violation of this Section is found, the
16 legislative auditor shall report such findings to the Louisiana Motor Vehicle
17 Commission.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 469 Original 2018 Regular Session Ward
Proposed law adds definitions for "towable equipment" and "tow dolly".
Proposed law defines "tow dolly" to mean a trailer equipped with one or more axles designed
to connect to a tow bar on the rear of a motor vehicle that is used to tow another vehicle and
is not a type of towable equipment as defined in proposed law. The front or rear wheels of
the towed vehicle are secured to and rest upon the tow dolly.
Proposed law defines "towable equipment" to mean equipment that is permanently affixed
to or integrated upon a trailer intended for use when the trailer is not traveling on a road and
where its capability for road travel or transport of other property is incidental or secondary
to the primary operational purpose of the equipment. "Towable equipment" includes, but is
not limited to towable signage, message boards, generators, lighting tower masts, speed
monitoring and traffic cameras, air compressors, water pumps, crash attenuators, or road
maintenance equipment such as a pothole patcher or a chipper brush.
Present law defines "converter" or "secondary manufacturer" and "trailer".
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words in boldface type and underscored are additions. SB NO. 469
SLS 18RS-894 ORIGINAL
Present law defines "converter" or "secondary manufacturer" to mean a person who prior to
the retail sale of motor vehicles or trailers, assembles, installs, or affixes a body, cab, or
special equipment to a chassis, or who substantially adds, subtracts from, or modifies a
previously assembled or manufactured motor vehicle or trailer.
Present law defines "trailer" to mean every single vehicle without motive power designed
for carrying property or passengers wholly on its own structure, drawn by a motor vehicle
which carries no part of the weight and load of the trailer on its own wheels and having one
or more load carrying axles. "Trailer" includes but is not limited to utility trailers, boat
trailers, recreational trailers, semitrailers, livestock trailers, tow dollies, and dump trailers.
Proposed law excludes towable equipment from the definitions of "converter" or "secondary
manufacturer" and "trailer" and removes "tow dollies" from illustrative list of types of a
trailer.
Present law requires persons who distribute and manufacture or sell certain types of motor
vehicles and recreational products to be licensed by the Motor Vehicle Commission prior
to engaging in business in the state of Louisiana, regardless of whether or not said person
maintains or has a place or places of business in this state, and makes it a violation of law
to operate without first obtaining a license.
Proposed law exempts distributors and manufacturers of towable equipment from licensing
requirements and rules and regulations of the Motor Vehicle Commission.
Present law provides that a public entity require that any bid submitted by, or a contract or
cooperative endeavor agreement with, a dealer for the purchase of vehicles to include a copy
of a valid dealer's license issued under the provisions of R.S. 32:1254. Further, requires a
public entity to reject any bid submitted by a dealer for the purchase of vehicles which does
not include a copy of a valid dealer's license.
Proposed law authorizes a public entity to accept a bid for the sale of vehicles submitted by
a vehicle dealer who is licensed on the bid opening date even when a copy of the valid
dealer's license is not enclosed with the original bid submission, provided that a copy of the
dealer's valid license is received by the public entity not later than ten business days
following the bid opening date.
Present law requires the legislative auditor to report a violation of licensure requirements to
the Motor Vehicle Commission discovered during the course of an audit or review pursuant
to R.S. 24:513.
Effective August 1, 2018.
(Amends R.S. 32:1252(8) and (56) and R.S. 39:2182(E); adds R.S. 32:1252(73) and (74) and
1254(P) and R.S. 39:2182(F))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.