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2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 46
BY REPRESENTATIVE THOMAS AND SENATORS CORTEZ, ERDEY, HEWITT,
LONG, AND GARY SMITH
A CONCURRENT RESOL UTION
To urge and request the Louisiana State Law Institute to study the Model Vulnerable Road
User Law to determine its applicability in Louisiana.
WHEREAS, a problem exists in Louisiana with respect to accidents involving
motorists or truck drivers and pedestrians, cyclists, and motorcyclists when a motorist or
truck driver only receives a misdemeanor traffic violation for failing to yield a right-of-way
and killing a vulnerable road user; and
WHEREAS, motorists and truck drivers can subvert appearing in court by admitting
guilt and paying a fine; and
WHEREAS, unless the motorist or truck driver leaves the scene of an accident
involving a pedestrian, cyclist, or motorcyclist, the motorist or truck driver rarely receives
any punishment aside from a misdemeanor ticket and nominal fine; and
WHEREAS, district attorneys have been reluctant to prosecute the motorists or truck
drivers for felonies that require specific intent; and
WHEREAS, the Model Vulnerable Road User Law could effectively address this
issue; and
WHEREAS, the Model Vulnerable Road User Law provides important legal
protection to motorcyclists and other persons who are not protected by steel cages; and
WHEREAS, this law is not just beneficial for motorcyclists, but also bicyclists,
persons that ride scooters, use wheelchairs, and pedestrians; and
WHEREAS, the Model Vulnerable Road User Law defines a "vulnerable road user"
as (1) a pedestrian, including those persons actually engaged in work upon a highway, or in
work upon utility facilities along a highway, or engaged in the provision of emergency
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services within the right of way; or (2) a person riding or leading an animal; or (3) a person
lawfully operating or riding any of the following on a public right-of-way, crosswalk, or
shoulder of the highway: (a) bicycle, tricycle, or other pedal-powered vehicles; (b) a farm
tractor or similar vehicle designed primarily for farm use; (c) a skateboard; (d) roller skates;
(e) in-line skates; (f) a scooter; (g) a moped; (h) a motorcycle; (i) an animal-drawn wheeled
vehicle, or farm equipment, or sled; (j) an electric personal assistive mobility device; or (k)
a wheelchair; and
WHEREAS, the Model Vulnerable Road User Law operates on a principal of general
deterrence by providing increased penalties for certain road behaviors that cause serious
injury or death to motorcyclists or other vulnerable road users; and
WHEREAS, nine other states have adopted the Model Vulnerable Road User Law;
and
WHEREAS, without substantial penalties and retraining, motorists or truck drivers
that kill or injure members of the community with which they share public streets will not
be deterred from repeat behavior; and
WHEREAS, the Model Vulnerable Road User Law will provide the courts the
necessary options to impose stronger punishment to deter this dangerous conduct; and
WHEREAS, the Model Vulnerable Road User Law would address the road safety
concerns of all road users and can lead to significant improvement in overall road safety.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study the Model Vulnerable Road User
Law to determine its applicability in Louisiana.
BE IT FURTHER RESOLVED, at a minimum, the Louisiana State Law Institute
should study the following:
(1) The magnitude of the problem.
(2) Crash types and driver behaviors that are contributing factors.
(3) Strategies, including implementing a vulnerable road user law, that have the
potential for reducing vulnerable road user fatalities.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
a report detailing the results of its study and its recommendation to the legislature prior to
February 1, 2020.
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BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
president of the Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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