HLS 19RS-704 ENGROSSED
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 46
BY REPRESENTATIVE THOMAS
MTR VEHICLE/VIOLATIONS: Urges and requests the Louisiana State Law Institute to
study and make recommendations relative to vulnerable road users
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana State Law Institute to study the Model Vulnerable Road
3 User Law to determine its applicability in Louisiana.
4 WHEREAS, a problem exists in Louisiana with respect to accidents involving
5motorists or truck drivers and pedestrians, cyclists, and motorcyclists when a motorist or
6truck driver only receives a misdemeanor traffic violation for failing to yield a right-of-way
7and killing a vulnerable road user; and
8 WHEREAS, motorists and truck drivers can subvert appearing in court by admitting
9guilt and paying a fine; and
10 WHEREAS, unless the motorist or truck driver leaves the scene of an accident
11involving a pedestrian, cyclist, or motorcyclist, the motorist or truck driver rarely receives
12any punishment aside from a misdemeanor ticket and nominal fine; and
13 WHEREAS, district attorneys have been reluctant to prosecute the motorists or truck
14drivers for felonies that require specific intent; and
15 WHEREAS, the Model Vulnerable Road User Law could effectively address this
16issue; and
17 WHEREAS, the Model Vulnerable Road User Law provides important legal
18protection to motorcyclists and other persons who are not protected by steel cages; and
19 WHEREAS, this law is not just beneficial for motorcyclists, but also bicyclists,
20persons that ride scooters, use wheelchairs, and pedestrians; and
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HCR NO. 46
1 WHEREAS, the Model Vulnerable Road User Law defines a "vulnerable road user"
2as (1) a pedestrian, including those persons actually engaged in work upon a highway, or in
3work upon utility facilities along a highway, or engaged in the provision of emergency
4services within the right of way; or (2) a person riding or leading an animal; or (3) a person
5lawfully operating or riding any of the following on a public right-of-way, crosswalk, or
6shoulder of the highway: (a) bicycle, tricycle, or other pedal-powered vehicles; (b) a farm
7tractor or similar vehicle designed primarily for farm use; (c) a skateboard; (d) roller skates;
8(e) in-line skates; (f) a scooter; (g) a moped; (h) a motorcycle; (i) an animal-drawn wheeled
9vehicle, or farm equipment, or sled; (j) an electric personal assistive mobility device; or (k)
10a wheelchair; and
11 WHEREAS, the Model Vulnerable Road User Law operates on a principal of general
12deterrence by providing increased penalties for certain road behaviors that cause serious
13injury or death to motorcyclists or other vulnerable road users; and
14 WHEREAS, nine other states have adopted the Model Vulnerable Road User Law;
15and
16 WHEREAS, without substantial penalties and retraining, motorists or truck drivers
17that kill or injure members of the community with which they share public streets will not
18be deterred from repeat behavior; and
19 WHEREAS, the Model Vulnerable Road User Law will provide the courts the
20necessary options to impose stronger punishment to deter this dangerous conduct; and
21 WHEREAS, the Model Vulnerable Road User Law would address the road safety
22concerns of all road users and can lead to significant improvement in overall road safety.
23 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
24urge and request the Louisiana State Law Institute to study the Model Vulnerable Road User
25Law to determine its applicability in Louisiana.
26 BE IT FURTHER RESOLVED, at a minimum, the Louisiana State Law Institute
27should study the following:
28 (1) The magnitude of the problem.
29 (2) Crash types and driver behaviors that are contributing factors.
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HCR NO. 46
1 (3) Strategies, including implementing a vulnerable road user law, that have the
2potential for reducing vulnerable road user fatalities.
3 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
4a report detailing the results of its study and its recommendation to the legislature prior to
5February 1, 2020.
6 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
7president of the Louisiana State Law Institute.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 46 Engrossed 2019 Regular Session Thomas
Urges and requests the La. State Law Institute to study the Model Vulnerable Road User
Law to determine its applicability in Louisiana, and submit a report detailing the results of
its study and its recommendation to the legislature prior to Feb. 1, 2020.
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