HLS 21RS-146 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 116
BY REPRESENTATIVE DEVILLIER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WEIGHTS/MEASURES: Requires law enforcement officers have reasonable belief of a
weight violation prior to checking the weight of certain vehicles
1 AN ACT
2To amend and reenact R.S. 32:389(B), relative to weights and standards police officers; to
3 require weights and standards police officers to have reasonable belief to stop certain
4 vehicles in certain circumstances; to require weights and standards police officers to
5 examine visible indicators that a certain vehicle is overweight prior to effectuating
6 a stop; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:389(B) is hereby amended and reenacted to read as follows:
9 ยง389. Weights and standards police; enforcement procedure; payment and
10 collection procedures; administrative review
11 * * *
12 B.(1) Any weights and standards police officer having reason to believe that
13 any vehicle or combination of vehicles exceeds or is in violation of the provisions
14 of R.S. 32:380 through R.S. 32:386 or R.S. 32:388.1 through R.S. 32:390, or the
15 terms and conditions of a special permit issued under R.S. 32:387 or regulations of
16 either the Department of Transportation and Development or the Department of
17 Public Safety and Correction Corrections, public safety services, adopted pursuant
18 to this Part, is authorized to stop such vehicle or combination of vehicles and to
19 inspect, measure, or weigh such vehicle, either by means of portable or stationary
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 116
1 scales, or to require that such vehicle be driven to the nearest available location
2 equipped with facilities to inspect, measure, or weigh such vehicle.
3 (1)(2) Any state policeman having reason to believe that any vehicle or
4 combination of vehicles exceeds or is in violation of the provisions of R.S. 32:380
5 through R.S. 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and
6 conditions of a special permit issued under R.S. 32:387 or regulations adopted
7 pursuant to this Part is authorized to stop such vehicle or combination of vehicles and
8 to inspect or measure such vehicle or to require that such vehicle be driven to the
9 nearest available location equipped with facilities to inspect or measure such vehicle,
10 provided that any state policeman having reason to believe that any vehicle or
11 combination of vehicles exceeds or is in violation of the provisions of R.S. 32:386,
12 any overweight special permit as provided in R.S. 32:387, or the regulations adopted
13 pursuant thereto, may escort such vehicle to the nearest permanent or portable scale
14 operated by the weights and standards police force, where a weights and standards
15 police officer shall weigh such vehicle and if such vehicle is overweight, is in
16 violation of an overweight special permit, or the department's or secretary's
17 regulations adopted pursuant thereto, shall issue a violation ticket in accordance with
18 Subsection C of this Section.
19 (3) For purposes of this Subsection, a police officer shall not conduct a stop
20 of a vehicle or combination of vehicles, including an eighteen-wheeler, tractor
21 trailer, or truck, without a reasonable belief, based on an individualized observation,
22 that the vehicle or combination of vehicles is overweight. Reasonable belief shall
23 be determined by visible indicators; such as, bulging tires, excessive smoke or
24 exhaust, or difficulty accelerating up to road speed, that a vehicle or combination of
25 vehicles is overweight and only the indicators shall be examined to determine
26 violations of the provisions of R.S. 32:380 through R.S. 32:386 or R.S. 32:388.1
27 through R.S. 32:390. If the indicators are indicative of a violation of these
28 provisions, then the officer shall have reasonable belief to inspect, measure, or weigh
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HB NO. 116
1 the vehicle or combination of vehicles to determine if it is in compliance with
2 applicable weight requirements.
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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 116 Original 2021 Regular Session DeVillier
Abstract: Requires a reasonable belief that is based on visible indicators that the vehicle
is in violation of permissible weight requirements for a police officer to stop an 18-
wheeler, tractor trailer, or truck to check for compliance with weight requirements.
Present law authorizes a police officer to stop a vehicle or combination of vehicles to inspect
or measure the vehicle, or require the vehicle to drive to the nearest available location
equipped with facilities to inspect or measure the vehicle if the police officer has reason to
believe that the vehicle is in violation in terms of the length, width, or weight.
Proposed law requires a police officer have a reasonable belief that a vehicle or combination
of vehicles, including an 18-wheeler, tractor trailer, or truck is overweight. Proposed law
specifies that reasonable belief must be based on visible indicators. Further specifies that
if indicators are indicative of a violation then the vehicle may be examined to determine if
there is a weight violation. Provides an illustrative list of indicators; such as, bulging tires,
excessive smoke or exhaust, or difficulty accelerating up to road speed.
(Amends R.S. 32:389(B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.