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 636 Original 2021 Regular Session Pierre
Abstract: Vests power in the Department of Transportation and Development's over high-
occupancy vehicle lanes on state highways, provides for violations, and provides for
definitions.
Proposed law authorizes the secretary of the Dept. of Transportation and Development (DOTD), or
his designee, in the exercise of his authority, to designate high-occupancy vehicle (HOV) lanes on
any highway in the state highway system to exercise so police powers of the state as necessary to
maintain the peace and accomplish the orderly handling of this authority, subject to the provisions
of proposed law.
Proposed law provides for definitions.
Proposed law requires any travel lane designated as an HOV lane be for the exclusive use of
qualified HOVs.
Proposed law authorizes the DOTD to establish permitting requirements for motor vehicles on one
or more designated HOV lanes, including registration of the HOV with the department, prior to using
an HOV lane. Proposed law specifies that use of an HOV lane by a motor vehicle that has not
fulfilled permitting requirements established by the department constitutes an HOV violation.
Proposed law requires the vehicle's registered owner be liable to make prompt payment to the
department of the proper penalty and, except as provided in proposed law, an administrative fee to
recover the cost of collecting the penalty where a record generated by an HOV monitoring system
shows an HOV violation by a motor vehicle. Prohibits administrative fees from being assessed
against the registered owner of a motor vehicle that has fulfilled permitting requirements established
by the department for use of the HOV lane.
Establishes a HOV violation fine of not more than $100.
Proposed law provides the registered owner is responsible for payment of penalties, administrative
fees, and late charges assessed in accordance proposed law, and it is not a defense to liability that
a registered owner was not operating the motor vehicle at the time of the failure to pay. Prohibits
the registered owner from being liable under proposed law if a report that the motor vehicle was
stolen is given to a law enforcement officer or agency before the HOV violation occurs or within 48
hours after the registered owner becomes aware of the theft.
Proposed law requires the following procedures be taken for the collection of penalties, administrative fees, and late charges assessed pursuant to this Section:
(1) The department must send notice of an HOV violation by first-class mail to the registered
owner of the motor vehicle at the address shown on the records of the Dept. of Public Safety
and Corrections, office of motor vehicles, or such other address as may be provided by the
owner or determined through other reliable means. Authorizes the department to aggregate
multiple HOV violations in one HOV violation notice. Specifies that a manual or automatic
record of the mailing prepared in the ordinary course of business of the department is prima
facie evidence of the mailing of the notice.
(2) The HOV violation notice must include the name and address of the person alleged to be
liable as a registered owner for the HOV violation, the amount of the penalty to be paid,
identifying information for the motor vehicle involved, the date and the approximate time
of the HOV violation, the administrative fees due, an electronic mail address and physical
or post office box mailing address to which an appeal may be sent, and such other
information as the department may deem appropriate.
(3) The violation notice must include a warning that the registered owner has to pay the penalty
and administrative fees stated in the notice or appeal the HOV violation by making a request
for a hearing to the department within 30 days after issuance and describe the means and
content of the response for payment or appeal. Requires the HOV violation notice also
include a statement notifying the registered owner that he may waive his right to a hearing
by notifying the department that he is waiving this right and appealing the HOV violation by
request for a written disposition. The failure of the registered owner to appeal the violation
in one of the manners provided and within the delays allowed will be deemed to be an
admission of liability and a waiver of available defenses.
(4) Within 30 calendar days after the date of the issuance of the HOV violation notice, the
registered owner to whom the HOV violation notice is issued must either pay the penalties
and administrative fees or appeal the HOV violation as provided by proposed law.
(5) The registered owner may, without waiving judicial review, appeal an HOV violation by
notifying the department in writing, by either mail or electronic mail, that the right to a
hearing is being waived and requesting a review and written disposition of the HOV
violation from a department violation clerk by mail or electronic mail. Requires the appeal
be signed and explain the basis for the appeal. Require the signed statement be accompanied
by signed statements from witnesses, police officers, government officials, or other relevant
parties or photographs, diagrams, maps, or other relevant documents submitted by the
registered owner. Requires statements or materials sent to a violation clerk for review have
attached to them the name, address, and electronic mail address of the registered owner as
well as the number of the HOV violation notice and the date of the HOV violation. The
violation clerk must, within 60 days of receipt of such material, review the material and
dismiss or uphold the HOV violation and notify the registered owner of the disposition of
the HOV violation in writing by mail or electronic mail. Specifies that if the appeal by
request for written disposition is denied, the violation clerk must explain the reasons for the
determination. The violation clerk will have the authority to waive the administrative fee,
in whole or in part, for good cause shown.
(6) A registered owner issued an HOV violation notice can make a written statement for an
appeal hearing before an agent designated by the department. Requires the violation clerk, within 30 days of receipt of a request for an appeal, notify the registered owner in writing by
first-class mail of the date, time, and place of the hearing. Specifies the hearing is informal,
the rules of evidence will not apply, the Administrative Procedure Act will not apply, and the
decision of the agent will be final, subject to judicial review. Provides for notice and requires
each written appeal decision contain a statement of reasons for the decision, including a
determination of each issue of fact necessary to the decision. Specifies that failure to appear
at the date, time, and place specified on the hearing notice shall automatically result in denial
of the appeal.
(7) The electronic mail sent by the registered owner to the address provided in HOV violation
notice will be presumptive evidence of the receipt by the department. Specifies that
electronic mail sent by the department to the address provided by the registered owner will
be presumptive evidence of receipt by the registered owner.
Proposed law specifies that failure to comply with the requirements of proposed law will result in
late charges or sanction, or both, against the registered owner. Authorizes the Department to assess
the following penalties for late payment, for failure to pay, or for otherwise failing to respond against
the registered owner:
(1) A registered owner who fails to respond to an HOV violation notice as provided in proposed
law within 30 calendar days after the date of the issuance of the HOV violation notice may
incur a late charge. Specifies that a registered owner who fails to respond to an HOV
violation notice within 60 calendar days after the date of issuance of the violation notice will
not be able to renew his driver's license of the registration of the vehicle until all maters
regarding the alleged HOV violation are disposed of in accordance with law. Requires the
violation clerk notify the registered owner by the first-class mail of this delinquency and
consequences thereof.
(2) A registered owner who fails to respond to an HOV violation notice as provided in proposed
law within 60 calendar days after the date of the issuance of the violation notice will be
prohibited from renewing his driver's license. Requires the violation clerk notify the office
of motor vehicles of this delinquency. Upon notice from a violation clerk, requires the office
of motor vehicles to place the matter on record and not renew the driver's license of the
registered owner or the registration of the vehicle until after notice from the violation clerk
that the matters have been disposed of in accordance with proposed law.
(3) After notice to the office of motor vehicles or a 30 day or 60 day violation, the department
will not be required to send notices of delinquency to registered owners with 10 or more
violations, but penalties and administrative fees will continue to accumulate.
Proposed law authorizes the department to pursue civil action as it deems appropriate to collect the
penalties and the administrative fees assessed in the HOV violation notice as well as subsequent late
charges assessed in accordance with this Section.
Proposed law requires a video recording, photograph, or other electronic data produced by an HOV
monitoring system be admissible in a proceeding to collect a penalty, administrative fee, or other
charge of the department of an HOV violation. Proposed law provides an original or facsimile of a certificate, sworn to or affirmed by an agent of
the department that states that an HOV violation has occurred and states that it is based upon a
personal inspection of a video recording, photograph, or other electronic data produced by an HOV
monitoring system, as defined in proposed law, is prima facie evidence of the facts contained in the
certificate.
Proposed law provides any other provision of present law to the contrary, a video recording,
photograph, or other electronic data prepared for enforcement of HOV lane requirements is for the
exclusive use of the department in the discharge of its duties under proposed law.
Proposed law requires the department from time to time designate one or more violation clerks and
agents to perform the functions specified in proposed law at the discretion of the department and for
an time period as the department deems necessary. Requires the department supervise and
coordinate the processing of a HOV violation notices in accordance with proposed law. Authorizes
the department to hire or designate such personnel and organize such sections as the department
deems necessary, or contract for such services, in order to carry out the provisions in proposed law.
Requires hearing agents and violation clerks have the authority to waive penalties, administrative
fees, and late fees, in whole or in part, in accordance with standards established by the department.
Proposed law provides the provisions of proposed law are intended to supplement the laws
governing motor vehicles and traffic regulation appearing in present law (Title 32), and requires
nothing contained in proposed law be construed as precluding any police officer from enforcing these
laws within a designated HOV lane. Prohibits the department from implementing any enforcement
action pursuant to proposed law if a police officer issues a citation to the operator of a motor vehicle
for a violation occurring within a HOV lane.
Effective upon signature of the governor.
(Adds R.S. 47:820.5.9)