HLS 21RS-970 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 654
BY REPRESENTATIVE MOORE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HIGHWAYS: Provides relative to the designation of highway safety corridors by the
Department of Transportation and Development and the Louisiana Department of
Transportation and Development
1 AN ACT
2To enact R.S. 32:57(I), 267, and 268, relative to the designation of highway safety corridors
3 by the Department of Transportation and the Louisiana Department of Transportation
4 and Development; to create a highway safety corridor program to address highway
5 safety problems, education, and safety enhancements; to create the Safety Corridor
6 Advisory Group; to provide for definitions; to provide for violations; to provide for
7 an effective date; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 32:57(I), 267, and 268 are hereby enacted to read as follows:
10 §57. Penalties; alternatives to citation
11 * * *
12 I. If a person operating a motor vehicle violates the provisions of this
13 Chapter, while on the portion of a highway which is designated as a highway safety
14 corridor pursuant to R.S. 32:267, the fine shall be twice the standard fine imposed.
15 * * *
16 §267. Highway safety corridor
17 A. The secretary of the Department of Transportation and Development,
18 superintendent of the Louisiana State Police, and the executive director of the
19 Louisiana Highway Safety Commission may establish a highway safety corridor
Page 1 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
1 program under which critical infrastructure consisting of a portion of highways in
2 the state highway system and interstate highway system may be designated by the
3 secretary of the Department of Transportation and Development as highway safety
4 corridors to address highway safety problems through law enforcement, education,
5 and safety enhancements.
6 B. (1) The Safety Corridor Advisory Group is established and the following
7 members shall serve on the advisory group:
8 (a) The secretary of the Department of Transportation or his designee.
9 (b) The superintendent of the Louisiana State Police or his designee.
10 (c) The executive director of the Louisiana Highway Safety Commission or
11 his designee.
12 (d) The Regional Traffic Safety Coalition representative or designee in the
13 Strategic Highway Safety Plan that has jurisdiction over the location of the proposed
14 highway safety corridor.
15 (e) The chief law enforcement officer, or his designee, that has jurisdiction
16 over the location of the proposed highway safety corridor.
17 (2) A local medical professional from the local area of the proposed
18 Highway Safety Corridor may be appointed by the secretary of the Louisiana
19 Department of Health to serve on the Safety Corridor Advisory Group.
20 (3) The advisory group shall:
21 (a) Establish objective criteria for designating a segment of highway as a
22 safety corridor including but not limited to, a review of crash data, crash reports, type
23 and volume of vehicle traffic, and engineering and traffic studies.
24 (b) Establish objective criteria for safety enhancements, including but not
25 limited to, regular community engagement, heightened enforcement, including but
26 not limited to video and electronic enforcement, engineering improvements,
27 infrastructure investments, queue detection systems, extended Motorist Assistance
28 Patrols, or instant tow dispatch and public outreach.
29 C. The secretary shall hold a minimum of one public hearing before
Page 2 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
1 designating any specific highway corridor as a highway safety corridor. The public
2 hearing for a specific corridor shall be held at least thirty days prior to the
3 designation at a location as close to the proposed corridor as practical.
4 D. The Department of Transportation and Development shall erect a sign at
5 each end of the highway safety corridor and at appropriate intermediate sites along
6 the corridor indicating that it is a highway safety corridor.
7 E. The secretary is authorized to use a “highway safety corridor monitoring
8 system” which means equipment installed for use with a designated highway safety
9 corridor to automatically produce records for use in enforcing the provisions of this
10 Chapter, such as video recordings, photographs, or other electronic data sufficient
11 to establish the existence of a violation of any of the provisions of this Chapter,
12 pursuant to R.S. 32:268.
13 F. Any person violating the provisions of this Chapter while on the portion
14 of a highway which is designated as a highway safety corridor, shall be fined and
15 penalized as provided in R.S. 32:268 or R.S. 32:57.
16 G. The Department of Transportation and Development may adopt rules and
17 regulations necessary to carry out the provisions of this section.
18 §267.1. Highway safety corridor violations
19 A. In the exercise of his authority to designate highway safety corridors on
20 any highway in the state highway system, the secretary of the Department of
21 Transportation and Development, or his designee, is authorized to exercise so much
22 of the police powers of the state as shall be necessary to maintain the peace and
23 accomplish the orderly handling of this authority, subject to the provisions of this
24 Section.
25 B. Terms as defined in R.S. 32:267 and R.S. 32:1 shall retain such
26 definitions, unless such term or terms are specifically defined in this Subsection. As
27 used in this Section, unless the context indicates otherwise, the following terms shall
28 have the following meanings:
29 (1) “Department” means the Department of Transportation and
Page 3 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
1 Development.
2 (2) “Electronic mail” means a message, file, or other information that is
3 transmitted through a local, regional, or global computer network.
4 (3) “Electronic mail address” means a destination, commonly expressed as
5 a string of characters, to which electronic mail may be sent or delivered.
6 (4) “Highway safety corridor monitoring system” means equipment installed
7 for use with a designated highway safety corridor to automatically produce records
8 for use in enforcing the provisions of this Chapter, such as video recordings,
9 photographs, or other electronic data sufficient to establish the existence of a
10 highway safety corridor violation and identifying information for the motor vehicle
11 involved.
12 (5) “Registered owner” means a person in whose name a motor vehicle is
13 registered under the law of a jurisdiction, including a person issued a dealer or
14 transporter registration plate or a lessor of motor vehicles for public lease.
15 (6) “Highway safety corridor violation” means use of a highway safety
16 corridor in a manner not authorized by this Chapter or any regulation promulgated
17 pursuant thereto.
18 C. Where a record generated by a highway safety corridor monitoring system
19 shows a highway safety corridor violation by a motor vehicle, the vehicle’s
20 registered owner shall be liable to make prompt payment of the proper penalty to the
21 parish, municipality, or local governing body that has jurisdiction over the location
22 of the highway safety corridor violation and, except as provided herein, an
23 administrative fee to recover the cost of collecting the penalty.
24 D. The penalty for a highway safety corridor violation shall be a fine of not
25 more than one hundred dollars.
26 E. The registered owner is responsible for payment of penalties,
27 administrative fees, and late charges assessed in accordance with this Section, and
28 it is not a defense to liability that a registered owner was not operating the motor
29 vehicle at the time of the failure to pay. The ownership status of the motor vehicle
Page 4 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
1 is prima facie evidence of liability. However, if a report that the motor vehicle was
2 stolen is given to a law enforcement officer or agency before the highway safety
3 corridor violation occurs or within forty-eight hours after the registered owner
4 becomes aware of the theft, the registered owner shall not be liable under this
5 Section.
6 F. The following procedures shall apply to for the collection of penalties,
7 administrative fees, and late charges assessed pursuant to this Section:
8 (1) The department shall send notice of a highway safety corridor violation
9 by first-class mail to the registered owner of the motor vehicle at the address shown
10 on the records of the Department of Public Safety and Corrections, office of motor
11 vehicles, or such other address as may be provided by the owner or determined
12 through other reliable means. The department may aggregate multiple Highway
13 Safety Corridor violations in one highway safety corridor violation notice. A manual
14 or automatic record of the mailing prepared in the ordinary course of business of the
15 department is prima facie evidence of the mailing of the notice.
16 (2) The highway safety corridor violation notice shall include the name and
17 address of the person alleged to be liable as a registered owner for the highway
18 safety corridor violation, the amount of the penalty to be paid, identifying
19 information for the motor vehicle involved, the date and the approximate time of the
20 highway safety corridor violation, the administrative fees due, an electronic mail
21 address, and physical or post office box mailing address to which an appeal may be
22 sent, and such other information as the department may deem appropriate.
23 (3) The violation notice shall also include a warning that the registered
24 owner must pay the penalty and administrative fees stated in the notice or the
25 registered owner must appeal the highway safety corridor violation by making a
26 request for a hearing to the department within thirty days after issuance and describe
27 the means and content of the response for payment or appeal. The highway safety
28 corridor violation notice shall also include a statement notifying the registered owner
29 that he may waive his right to a hearing by notifying the department that he is
Page 5 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
1 waiving this right and appealing the highway safety corridor violation by request for
2 a written disposition. The failure of the registered owner to appeal the violation in
3 one of the manners provided and within the delays allowed shall be deemed to be an
4 admission of liability and a waiver of available defenses.
5 (4) Within thirty calendar days after the date of the issuance of the highway
6 safety corridor violation notice, the registered owner to whom the highway safety
7 corridor violation notice is issued must either pay the penalties and administrative
8 fees or appeal the highway safety corridor violation as provided by this Section.
9 (5) The registered owner may, without waiving judicial review, appeal a
10 highway safety corridor violation by notifying the department in writing, by either
11 regular mail or electronic mail, that the right to a hearing is being waived and
12 requesting a review and written disposition of the highway safety corridor violation
13 from a department violation clerk by regular mail or electronic mail. This appeal
14 shall contain a signed statement from the registered owner explaining the basis for
15 the appeal. The signed statement shall be accompanied by signed statements from
16 witnesses, police officers, government officials, or other relevant parties or
17 photographs, diagrams, maps, or other relevant documents submitted by the
18 registered owner. Statements or materials sent to a violation clerk for review shall
19 have attached to them the name, address, and electronic mail address of the
20 registered owner as well as the number of the highway safety corridor violation
21 notice and the date of the highway safety corridor violation. All information
22 submitted by the registered owner becomes part of the violation record. The
23 violation clerk shall, within sixty days of receipt of such material, review the
24 material and dismiss or uphold the highway safety corridor violation and notify the
25 registered owner of the disposition of the highway safety corridor violation in writing
26 by mail or electronic mail. If the appeal by request for written disposition is denied,
27 the violation clerk shall explain the reasons for the determination. The violation
28 clerk shall have the authority to waive the administrative fees, in whole or in part,
29 for good cause shown.
Page 6 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
1 (6) A registered owner that is issued a highway safety corridor violation
2 notice may make a written statement for an appeal hearing before an agent
3 designated by the department. The violation clerk shall, within thirty days of receipt
4 of a request for an appeal, notify the registered owner in writing by first-class mail
5 of the date, time, and place of the hearing. The hearing shall be informal, the rules
6 of evidence shall not apply, the Administrative Procedure Act shall not apply, and
7 the decision of the agent shall be final, subject to judicial review. The parties to the
8 appeal hearing shall be notified in person or by regular mail or electronic mail of the
9 decision following the hearing. Each written appeal decision shall contain a
10 statement of reasons for the decision, including a determination of each issue of fact
11 necessary to the decision. Failure to appear at the date, time, and place specified on
12 the hearing notice shall automatically result in denial of the appeal. The hearing
13 agent shall have the authority to waive administrative fees, in whole or in part, for
14 good cause shown.
15 (7) Electronic mail sent by the registered owner to the address provided in
16 the highway safety corridor violation notice shall be presumptive evidence of receipt
17 by the department. Electronic mail sent by the department to the address provided
18 by the registered owner shall be presumptive evidence of receipt by the registered
19 owner.
20 G.(1) Failure to comply with the requirements of this Section shall result in
21 the following late charges or sanctions, or both, against the registered owner:
22 (a) The department may assess the following penalties for late payment, for
23 failure to pay, or for otherwise failing to respond against the registered owner:
24 (i) A registered owner who fails to respond to a highway safety corridor
25 violation notice as provided by this Section within thirty calendar days after the date
26 of the issuance of the highway safety corridor violation notice may incur a late
27 charge. A registered owner who fails to respond to a highway safety corridor
28 violation notice within one hundred and eighty calendar days after the date of
29 issuance of the violation notice shall not be able to renew his driver’s license or the
Page 7 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
1 registration of the vehicle until all matters regarding the alleged highway safety
2 corridor violation are disposed of in accordance with law. The violation clerk shall
3 notify the registered owner by first-class mail of this delinquency and consequences
4 of the delinquency.
5 (ii) A registered owner who fails to respond to a highway safety corridor
6 violation notice as provided by this Section within one hundred and eighty calendar
7 days after the date of the issuance of the violation notice shall be prohibited from
8 renewing his driver’s license. The violation clerk shall notify the Louisiana office
9 of motor vehicles of this delinquency. Upon notice from a violation clerk, the office
10 of motor vehicles shall place the matter on record and shall not renew the driver’s
11 license of the registered owner or the registration of the vehicle until after notice
12 from the violation clerk that the matters have been disposed of in accordance with
13 law.
14 (b) After a notice to the office of motor vehicles provided in Item (a)(ii) of
15 this Paragraph, the Department shall not be required to send notices of delinquency
16 to registered owners with ten or more highway safety corridor violations. However,
17 the penalties and administrative fees of such registered owner shall continue to
18 accumulate.
19 (2) The department may pursue such civil action as it deems appropriate to
20 collect the penalties and administrative fees assessed in the highway safety corridor
21 violation notice as well as such subsequent late charges assessed in accordance with
22 this Section.
23 H.(1) A video recording, photograph, or other electronic data produced by
24 a highway safety corridor monitoring system shall be admissible in a proceeding to
25 collect a penalty, administrative fee, or other charge of the department for a highway
26 safety corridor violation.
27 (2) An original or facsimile of a certificate, sworn to or affirmed by an agent
28 of the department that states that a highway safety corridor violation has occurred
29 and states that it is based upon a personal inspection of a video recording,
Page 8 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
1 photograph, or other electronic data produced by a highway safety corridor
2 monitoring system, as defined in this Section, is prima facie evidence of the facts
3 contained in the certificate.
4 (3) Notwithstanding any other provision of law to the contrary, a video
5 recording, photograph, or other electronic data prepared for enforcement of highway
6 safety corridor requirements is for the exclusive use of the department in the
7 discharge of its duties under this Section.
8 I. The department shall from time to time designate one or more violation
9 clerks and agents to perform the functions specified in this Section at the discretion
10 of the department and for a time period as shall be necessary. The department shall
11 supervise and coordinate the processing of highway safety corridor violation notices
12 in accordance with this Section. The department may hire or designate such
13 personnel and organize such sections as the department may deem necessary, or
14 contract for such services, in order to carry out the provisions of this Section.
15 J. The provisions of this Section are intended to supplement the laws
16 governing motor vehicles and traffic regulation appearing in Title 32 of the
17 Louisiana Revised Statutes of 1950, and nothing contained in this Section shall be
18 construed as precluding any police officer from enforcing these laws within a
19 designated highway safety corridor. If a police officer issues a citation to the
20 operator of a motor vehicle for a violation occurring within a highway safety
21 corridor, the department shall not implement any enforcement action pursuant to this
22 Section.
23 Section 3. This Act shall become effective upon signature by the governor or, if not
24signed by the governor, upon expiration of the time for bills to become law without signature
25by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
26vetoed by the governor and subsequently approved by the legislature, this Act shall become
27effective on the day following such approval.
DIGEST
Page 9 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
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 654 Original 2021 Regular Session Moore
Abstract: Authorizes the secretary of the Dept. of Transportation and Development, the
superintendent of the La. State Police, and the executive director of the La. Hwy.
Safety Commission to establish a hwy. safety corridor program, creates the Safety
Corridor Advisory Group, provides for definitions, and provides for violations.
Present law provides for violations of traffic offenses for first time and subsequent
violations.
Proposed law retains present law and adds a requirement for a fine to be twice the standard
fine imposed if a person operating a motor vehicle violates the provisions of present law
while on the portion of a hwy. designated as a hwy. safety corridor pursuant to proposed law.
Proposed law authorizes the secretary of the Dept. of Transportation and Development
(DOTD), the superintendent of the La. State Police, and the executive director of the La.
Hwy. Safety Commission to establish a highway safety corridor program for critical
infrastructure consisting of a portion of highways in the state hwy. system and Interstate
System may be designated by the secretary of the DOTD as hwy. safety corridors to address
hwy. safety problems through law enforcement, education, and safety enhancements.
Proposed law establishes the Safety Corridor Advisory Group and requires the following
members serve on the advisory group:
(1)The secretary of the Dept. of Transportation or designee.
(2)The superintendent of the La. State Police or designee.
(3)The executive director of the La. Hwy. Safety Commission or designee.
(4)The Regional Traffic Safety Coalition representative or designee in the Strategic
Hwy. Safety Plan that has jurisdiction over the location of the proposed hwy. safety
corridor.
(5)The chief law enforcement officer or designee that has jurisdiction over the location
of the proposed hwy. safety corridor.
Proposed law authorizes a local medical professional from near the location of the proposed
hwy. safety corridor be appointed by the secretary of the La. Dept. of Health to serve on the
Safety Corridor Advisory Group.
Proposed law requires the advisory group do the following:
(1)Establish objective criteria for designating a segment of hwy. as a safety corridor
including but not limited to, a review of crash data, crash reports, type and volume
of vehicle traffic, and engineering and traffic studies.
(2)Establish objective criteria for safety enhancements, including but not limited to,
regular community engagement, heightened enforcement, including but not limited
to video and electronic enforcement, engineering improvements, infrastructure
investments, queue detection systems, extended Motorist Assistance Patrols, or
instant tow dispatch and public outreach.
Proposed law requires the secretary hold a minimum of one public hearing before
designating any specific hwy. corridor as a hwy. safety corridor. Requires the public hearing
or hearings for a specific corridor be held at least 30 days prior to the designation at a
location as close to the proposed corridor as practical.
Page 10 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
Proposed law requires DOTD erect a sign at each end of the hwy. safety corridor and at
appropriate intermediate sites along the corridor indicating that it is a hwy. safety corridor.
Proposed law authorizes the secretary to use a “hwy. safety corridor monitoring system”,
which means equipment installed for use with a designated hwy. safety corridor to
automatically produce records for use in enforcing the provisions of proposed law, such as
video recordings, photographs, or other electronic data sufficient to establish the existence
of a violation of proposed law.
Proposed law requires any person violating the provisions of proposed law while on the
portion of a hwy. which is designated as a hwy. safety corridor, be fined and penalized as
provided in present law (R.S. 32:57) and proposed law.
Proposed Law authorizes DOTD to adopt rules necessary to carry out the provisions of
proposed law.
Proposed law requires the secretary of DOTD, in the exercise of his authority to designate
hwy. safety corridors on any hwy. in the state hwy. system. Authorizes the secretary of
DOTD, or his designee, to exercise 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 and retains definitions in present law.
Proposed law requires the vehicle’s registered owner be liable to make prompt payment of
the proper penalty to the parish, municipality, or local governing body that has jurisdiction
over the location of the hwy. safety corridor violation and, except as provided in proposed
law, an administrative fee to recover the cost of collecting the penalty where a record
generated by a hwy. safety corridor monitoring system shows a hwy. safety corridor
violation by a motor vehicle.
Proposed law requires the penalty for a hwy. safety corridor violation be a 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 with 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 hwy. safety corridor 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 proposed law:
(1)The dept. will send notice of a hwy. safety corridor violation by first-class mail to
the registered owner of the motor vehicle at the address shown on the records of the
La. 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. The dept. may aggregate multiple hwy. safety corridor violations in one
hwy. safety corridor violation notice. 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 hwy. safety corridor violation notice will include the name and address of the
person alleged to be liable as a registered owner for the hwy. safety corridor
violation, the amount of the penalty or penalties to be paid, identifying information
for the motor vehicle involved, the date and the approximate time of the hwy. safety
corridor violation or violations, the administrative fees due, an electronic mail
address and physical or post office box mailing address to which an appeal may be
Page 11 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
sent, and such other information as the dept. may deem appropriate.
(3)The violation notice will also include a warning that the registered owner must pay
the penalty or penalties and administrative fees stated in the notice or appeal the
hwy. safety corridor violation by making a request for a hearing to the dept. within
30 days after issuance and describe the means and content of the response for
payment or appeal. The hwy. safety corridor violation notice will also include a
statement notifying the registered owner that he may waive his right to a hearing by
notifying the dept. that he is waiving this right and appealing the hwy. safety corridor
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
shall be deemed to be an admission of liability and a waiver of available defenses.
(4)Within thirty calendar days after the date of the issuance of the Highway Safety
Corridor violation notice, the registered owner to whom the Highway Safety
Corridor violation notice is issued must either pay the penalties and administrative
fees or appeal the Highway Safety Corridor violation as provided by this Section.
(5)The registered owner may, without waiving judicial review, appeal a hwy. safety
corridor violation by notifying the dept. 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 hwy. safety corridor violation from a dept. violation clerk by mail
or electronic mail. The appeal must contain a signed statement from the registered
owner explaining the basis for the appeal. The signed statement must 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. Statements or materials sent to a
violation clerk for review must have attached to them the name, address, and
electronic mail address of the registered owner as well as the number of the hwy.
safety corridor violation notice and the date of the hwy. safety corridor violation. All
information submitted by the registered owner becomes part of the violation record.
The violation clerk shall, within 60 days of receipt of such material, review the
material and dismiss or uphold the hwy. safety corridor violation and notify the
registered owner of the disposition of the hwy. safety corridor violation in writing
by mail or electronic mail. If the appeal by request for written disposition is denied,
the violation clerk will explain the reasons for the determination. The violation clerk
will have the authority to waive the administrative fees, in whole or in part, for good
cause shown.
(6)A registered owner issued a hwy. safety corridor violation notice may make a written
statement for an appeal hearing before an agent designated by the dept. The
violation clerk will, 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. The hearing will be informal, the rules of evidence shall not apply, the
Administrative Procedure Act will not apply, and the decision of the agent will be
final, subject to judicial review. The parties to the appeal hearing will be notified in
person or by mail or electronic mail of the decision following the hearing. Each
written appeal decision will contain a statement of reasons for the decision, including
a determination of each issue of fact necessary to the decision. Failure to appear at
the date, time, and place specified on the hearing notice will automatically result in
denial of the appeal. The hearing agent will have the authority to waive
administrative fees, in whole or in part, for good cause shown.
(7)Electronic mail sent by the registered owner to the address provided in the hwy.
safety corridor violation notice will be presumptive evidence of receipt by the dept.
Electronic mail sent by the dept. to the address provided by the registered owner will
be presumptive evidence of receipt by the registered owner.
Proposed law requires failure to comply with the requirements of proposed law result in the
following late charges or sanctions, or both, against the registered owner:
Proposed law requires failure to comply with the requirements of proposed law result in late
charges or sanction, or both, against the registered owner. Authorizes the Department to
Page 12 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
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 a hwy. safety corridor violation notice
as provided in proposed law within 30 calendar days after the date of the issuance
of the hwy. safety corridor violation notice may incur a late charge. A registered
owner who fails to respond to a hwy. safety corridor violation notice within 180
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 hwy. safety corridor violation are disposed of in accordance with
proposed law. The violation clerk will notify the registered owner by the first-class
mail of this delinquency and consequences.
(2)A registered owner who fails to respond to a hwy. safety corridor violation notice as
provided in proposed law within 180 calendar days after the date of the issuance of
the violation notice will be prohibited from renewing his driver's license. The
violation clerk will notify the La. office of motor vehicles of this delinquency. Upon
notice from a violation clerk, the office of motor vehicles will place the matter on
record and will 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 of a penalty provided in proposed law,
the dept. will not be required to send notices of delinquency to registered owner and
late charges 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 hwy. safety corridor 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
a hwy. safety corridor violation monitoring system be admissible in a proceeding to collect
a penalty, administrative fee, or other charge of the dept. of an hwy. safety corridor
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 hwy. safety corridor 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 hwy. safety corridor violation 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 hwy. safety corridor
violation 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 hwy. safety corridor 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 hwy. safety corridor. Prohibits the
department from implementing any enforcement action pursuant to proposed law if a police
Page 13 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-970 ORIGINAL
HB NO. 654
officer issues a citation to the operator of a motor vehicle for a violation occurring within
an hwy. safety corridor.
Effective upon signature of the governor.
(Adds R.S. 32:57(I), 267, and 268)
Page 14 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.