HLS 20RS-657 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 604
BY REPRESENTATIVE DEVILLIER
MTR VEHICLE/VIOLATIONS: Requires the issuance of a written warning when certain
vehicles have minor maintenance issues
1 AN ACT
2To amend and reenact R.S. 32:57(A) and to enact R.S. 32:53(E), relative to penalties for
3 improper equipment on vehicles; to provide for the issuance of a warning for first
4 time violators of certain infractions operating certain vehicles; to provide for the
5 issuance of a citation based on the original violation for noncompliance with proof
6 of repair documentation and; the applicable time to resolve the violation; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 32:57(A) is hereby amended and reenacted and R.S. 32:53(E) is
10hereby enacted to read as follows:
11 §53. Proper equipment required on vehicles; display of plate
12 * * *
13 E.(1) The Department of Public Safety and Corrections, the weight and
14 standards police officers, and the Bossier Parish Police Jury Commercial Vehicle
15 Enforcement Unit may at any time upon reasonable cause to believe that a vehicle
16 or combination of vehicles, such as an eighteen wheeler, a tractor trailer, and a truck,
17 is unsafe or not equipped as required by law, or that its equipment is not in proper
18 adjustment or repair, require the driver of that vehicle or combination of vehicles to
19 stop and submit to a vehicle inspection, as may be appropriate.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-657 ORIGINAL
HB NO. 604
1 (2) In the event a vehicle or combination of vehicles is found to be in an
2 unsafe condition or any required part or equipment is not present or is not in proper
3 repair and adjustment the officer shall give a written warning to the driver, in lieu of
4 a citation, and shall send a copy to the department. The written warning shall require
5 that the vehicle be placed in safe condition and its equipment in proper adjustment
6 and repair and that the owner or driver provide proof of repair documentation, such
7 as an invoice detailing mechanical repairs related to the specific written warning, and
8 forward said documentation to the department within three days.
9 (3) If the owner or driver fails to furnish proof of repair documentation to the
10 department within three days the owner or driver shall be issued a formal citation for
11 the original violation. The provisions of R.S. 32:57 shall apply to any subsequent
12 violations of Paragraph (A)(1) of this Section.
13 * * *
14 §57. Penalties; alternatives to citation
15 A.(1) The first violation of the provisions of this Chapter or any regulation
16 of the department, secretary, and commissioner made pursuant thereto shall be
17 punished by a fine of not more than one hundred seventy-five dollars or by
18 imprisonment for not more than thirty days, or both, unless otherwise specifically
19 provided. A subsequent violation shall be punished by a fine of not more than five
20 hundred dollars or by imprisonment for not more than ninety days, or both.
21 (2) The first violation of the provisions of this Chapter or any regulation of
22 the department, secretary, and commissioner made pursuant thereto shall not apply
23 when the operator of a vehicle or a combination of vehicles, such as an eighteen
24 wheeler, tractor trailer, or truck as defined in R.S. 32:1, is issued a written warning
25 as provided in R.S. 32:53.
26 * * *
27 Section 2. The Department of Public Safety and Corrections, the weight and
28standards police officers, and the Bossier Parish Police Jury Commercial Vehicle
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-657 ORIGINAL
HB NO. 604
1Enforcement Unit shall promulgate and adopt rules and regulations necessary to implement
2the provisions of this Act.
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)]
HB 604 Original 2020 Regular Session DeVillier
Abstract: Requires the operator of a 18-wheeler, tractor trailer, or truck be issued a written
warning, in lieu of a citation, for first time violations when the citation is for minor
equipment maintenance issues.
Present law prohibits a person who drives, moves, causes or knowingly authorizes a vehicle
owned or controlled by that person to be driven or moved on any state highway in an unsafe
condition that would endanger any person or property. Present law also prohibits a person
who drives, moves, causes or knowingly authorizes a vehicle owned or controlled by that
person on a state highway which does not contain necessary parts or is not equipped with
lights and other equipment in proper condition and adjustment.
Present law requires first violations to be punished by a fine of a maximum of $175 or by
imprisonment of a maximum of 30 days, or both, unless otherwise specified.
Proposed law authorizes the Dept. of Public Safety and Corrections, the weight and
standards police officers, and the Bossier Parish Police Jury Commercial Vehicle
Enforcement Unit to stop and inspect a vehicle or combination of vehicles, such as an 18-
wheeler, tractor trailer, or truck, upon reasonable cause to believe that the vehicle or
combination of vehicle is unsafe, not equipped as required by law, or that its equipment is
not in proper condition.
Proposed law requires the officer give a written warning instead of a citation and requires
the owner or operator send a copy of documentation, such as an invoice detailing a
mechanical repair directly related to the written warning, to the department within three
days. If the documentation is not received within three days then proposed law requires the
owner or operator be issued a citation for the original violation.
Proposed law requires the Dept. of Public Safety and Corrections, the weights and standards
police officers, and the Bossier Police Jury Commercial Vehicle Enforcement Unit to
promulgate and adopt rules and regulations necessary to implement the provisions of
proposed law.
(Amends R.S. 32:57(A); Adds R.S. 32:53(E))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.