HLS 21RS-970 ENGROSSED
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), 57.3, 267, and 267.1, relative to the designation of highway safety
3 corridors by the Department of Transportation and the Louisiana Department of
4 Transportation and Development; to create a highway safety corridor program to
5 address highway safety problems, education, and safety enhancements; to create the
6 Safety Corridor Advisory Group; to provide for definitions; to provide for violations;
7 to provide for 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), 57.3, 267, and 267.1 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 §57.3. Failure to respond to a highway safety corridor violation
17 A.(1) When the office of motor vehicles receives notice from the Department
18 of Transportation and Development to not renew or reissue the driver's license or
19 vehicle registration of a frequent violator as provided in R.S. 32:267.1(G)(1)(a)(ii),
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1 the office of motor vehicles shall issue a notice to the violator at the address listed
2 on the violator's driver's license, unless a more current address is on file, that shall
3 identify the vehicle or vehicles subject to violations by vehicle identification number
4 and the assigned license plate number. The notice shall also advise the violator that
5 his registration privileges and driver's license will be blocked against renewal or
6 reissuance, including any request for a duplicate registration or driver's license. The
7 office of motor vehicles shall obtain a certificate of mailing at the time the notice is
8 mailed to the violator.
9 (2) The notice shall also state that the person shall pay a reinstatement fee to
10 the office of motor vehicles in addition to providing proof of compliance from the
11 Department of Transportation and Development to remove the block against renewal
12 or reissuance, including any request for a duplicate registration or driver's license.
13 (3) The reinstatement fee due under this Section shall be one hundred dollars.
14 B. The Department of Transportation and Development shall provide the
15 complete record on all violations of the violator including all notices, evidence, or
16 other records used in determining the violation or conducting any hearing or appeal.
17 * * *
18 §267. Highway safety corridor
19 A.(1) The secretary of the Department of Transportation and Development,
20 superintendent of the Louisiana State Police, and the executive director of the
21 Louisiana Highway Safety Commission may establish a highway safety corridor
22 program under which critical infrastructure consisting of a portion of highways in
23 the state highway system and interstate highway system may be designated by the
24 secretary of the Department of Transportation and Development as highway safety
25 corridors to address highway safety problems through law enforcement, education,
26 and safety enhancements.
27 (2) After review of all data and studies used in the establishment of a
28 highway safety corridor and the subsequent establishment of the highway safety
29 corridor, the secretary of the Department of Transportation and Development, the
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1 superintendent of the Louisiana State Police, and the executive director of the
2 Louisiana Highway Safety Commission shall not be liable for any property damages,
3 injuries, or deaths that may arise from any enforcement pursuant to R.S. 32:267.1 in
4 the highway safety corridor.
5 B. (1) The Safety Corridor Advisory Group is established and the following
6 members shall serve on the advisory group:
7 (a) The secretary of the Department of Transportation or his designee.
8 (b) The superintendent of the Louisiana State Police or his designee.
9 (c) The executive director of the Louisiana Highway Safety Commission or
10 his designee.
11 (d) The Regional Traffic Safety Coalition representative or designee in the
12 Strategic Highway Safety Plan that has jurisdiction over the location of the proposed
13 highway safety corridor.
14 (e) The chief law enforcement officer, or his designee, that has jurisdiction
15 over the location of the proposed highway safety corridor.
16 (2) A local medical professional from the local area of the proposed
17 Highway Safety Corridor may be appointed by the secretary of the Louisiana
18 Department of Health to serve on the Safety Corridor Advisory Group.
19 (3) The advisory group shall:
20 (a) Establish objective criteria for designating a segment of highway as a
21 safety corridor, including but not limited to, a review of crash data, crash reports,
22 type and volume of vehicle traffic, and engineering and traffic studies.
23 (b) Establish objective criteria for safety enhancements, including but not
24 limited to, regular community engagement, heightened enforcement, including but
25 not limited to video and electronic enforcement, engineering improvements,
26 infrastructure investments, queue detection systems, extended Motorist Assistance
27 Patrols, or instant tow dispatch and public outreach.
28 C. The secretary shall hold a minimum of one public hearing before
29 designating any specific highway corridor as a highway safety corridor. The public
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1 hearing for a specific corridor shall be held at least thirty days prior to the
2 designation at a location as close to the proposed corridor as practical.
3 D. The Department of Transportation and Development shall erect a sign at
4 each end of the highway safety corridor and at appropriate intermediate sites along
5 the corridor indicating that it is a highway safety corridor.
6 E. The secretary is authorized to use a "highway safety corridor monitoring
7 system" which means equipment installed for use with a designated highway safety
8 corridor to automatically produce records for use in enforcing the provisions of this
9 Chapter, such as video recordings, photographs, or other electronic data sufficient
10 to establish the existence of a violation of any of the provisions of this Chapter,
11 pursuant to R.S. 32:268.
12 F. Any person violating the provisions of this Chapter while on the portion
13 of a highway which is designated as a highway safety corridor, shall be fined and
14 penalized as provided in R.S. 32:57 or 267.1.
15 G. The Department of Transportation and Development may adopt rules and
16 regulations necessary to carry out the provisions of this section.
17 §267.1. Highway safety corridor violations
18 A. In the exercise of his authority to designate highway safety corridors on
19 any highway in the state highway system, the secretary of the Department of
20 Transportation and Development shall coordinate with Louisiana State Police for the
21 exercise of the police powers of the state as shall be necessary to maintain the peace
22 and accomplish the orderly handling of this authority, subject to the provisions of
23 this Section.
24 B. Terms as defined in R.S. 32:267 and R.S. 32:1 shall retain such
25 definitions, unless such term or terms are specifically defined in this Subsection. As
26 used in this Section, unless the context indicates otherwise, the following terms shall
27 have the following meanings:
28 (1) "Department" means the Department of Transportation and
29 Development.
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1 (2) "Electronic mail" means a message, file, or other information that is
2 transmitted through a local, regional, or global computer network.
3 (3) "Electronic mail address" means a destination, commonly expressed as
4 a string of characters, to which electronic mail may be sent or delivered.
5 (4) "Highway safety corridor monitoring system" means equipment installed
6 for use with a designated highway safety corridor to automatically produce records
7 for use in enforcing the provisions of this Chapter, such as video recordings,
8 photographs, or other electronic data sufficient to establish the existence of a
9 highway safety corridor violation and identifying information for the motor vehicle
10 involved.
11 (5) "Registered owner" means a person in whose name a motor vehicle is
12 registered under the law of a jurisdiction, including a person issued a dealer or
13 transporter registration plate or a lessor of motor vehicles for public lease.
14 (6) "Highway safety corridor violation" means use of a highway safety
15 corridor in a manner not authorized by this Chapter or any regulation promulgated
16 pursuant thereto.
17 C. Where a record generated by a highway safety corridor monitoring system
18 shows a highway safety corridor violation by a motor vehicle, the vehicle's registered
19 owner shall be liable to make prompt payment of the proper penalty to the parish that
20 has jurisdiction over the location of the highway safety corridor violation and, except
21 as provided herein, an administrative fee of twenty-five dollars to recover the cost
22 of collecting the penalty.
23 D. The penalty for a highway safety corridor violation shall be a fine of not
24 more than one hundred dollars.
25 E. The ownership status of the motor vehicle is prima facie evidence of
26 liability. However, the registered owner may rebut the prima facie evidence by
27 providing proof that the vehicle was sold, or otherwise transferred prior to the
28 violation, by providing a copy of a police report indicating that the motor vehicle
29 was stolen prior to the violation, or other evidence sufficient to rebut the prima facie
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1 evidence.
2 F. The following procedures shall apply to the collection of penalties,
3 administrative fees, and late charges assessed pursuant to this Section:
4 (1) The department shall send notice of a highway safety corridor violation
5 by first-class mail to the registered owner of the motor vehicle at the address shown
6 on the records of the Department of Public Safety and Corrections, office of motor
7 vehicles, or such other address as may be provided by the owner or determined
8 through other reliable means. The department may aggregate multiple Highway
9 Safety Corridor violations in one highway safety corridor violation notice. A manual
10 or automatic record of the mailing prepared in the ordinary course of business of the
11 department is prima facie evidence of the mailing of the notice.
12 (2) The highway safety corridor violation notice shall include the name and
13 address of the person alleged to be liable as a registered owner for the highway
14 safety corridor violation, the amount of the penalty to be paid, identifying
15 information for the motor vehicle involved, the date and the approximate time of the
16 highway safety corridor violation, the administrative fees due, an electronic mail
17 address, and physical or post office box mailing address to which an appeal may be
18 sent, and such other information as the department may deem appropriate.
19 (3) The violation notice shall also include a warning that the registered
20 owner must pay the penalty and administrative fees stated in the notice or the
21 registered owner must appeal the highway safety corridor violation by making a
22 request for a hearing to the department within thirty days after issuance and describe
23 the means and content of the response for payment or appeal. The highway safety
24 corridor violation notice shall also include a statement notifying the registered owner
25 that he may waive his right to a hearing by notifying the department that he is
26 waiving this right and appealing the highway safety corridor violation by request for
27 a written disposition. The failure of the registered owner to appeal the violation in
28 one of the manners provided and within the delays allowed shall be deemed to be an
29 admission of liability and a waiver of available defenses.
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1 (4) Within thirty calendar days after the date of the issuance of the highway
2 safety corridor violation notice, the registered owner to whom the highway safety
3 corridor violation notice is issued must either pay the penalties and administrative
4 fees or appeal the highway safety corridor violation as provided by this Section.
5 (5) The registered owner may, without waiving judicial review, appeal a
6 highway safety corridor violation by notifying the department in writing, by either
7 regular mail or electronic mail, that the right to a hearing is being waived and
8 requesting a review and written disposition of the highway safety corridor violation
9 from a department violation clerk by regular mail or electronic mail. This appeal
10 shall contain a signed statement from the registered owner explaining the basis for
11 the appeal. The signed statement shall be accompanied by signed statements from
12 witnesses, police officers, government officials, or other relevant parties or
13 photographs, diagrams, maps, or other relevant documents submitted by the
14 registered owner. Statements or materials sent to a violation clerk for review shall
15 have attached to them the name, address, and electronic mail address of the
16 registered owner as well as the number of the highway safety corridor violation
17 notice and the date of the highway safety corridor violation. All information
18 submitted by the registered owner becomes part of the violation record. The
19 violation clerk shall, within sixty days of receipt of such material, review the
20 material and dismiss or uphold the highway safety corridor violation and notify the
21 registered owner of the disposition of the highway safety corridor violation in writing
22 by mail or electronic mail. If the appeal by request for written disposition is denied,
23 the violation clerk shall explain the reasons for the determination. The violation
24 clerk shall have the authority to waive the administrative fees, in whole or in part,
25 for good cause shown.
26 (6) A registered owner that is issued a highway safety corridor violation
27 notice may make a written statement for an appeal hearing before an agent
28 designated by the department. The violation clerk shall, within thirty days of receipt
29 of a request for an appeal, notify the registered owner in writing by first-class mail
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1 of the date, time, and place of the hearing. The hearing shall be informal, the rules
2 of evidence shall not apply, and the provisions of the Administrative Procedure Act
3 shall not apply to the manner in which the hearing is noticed or conducted, but the
4 provisions of the Administrative Procedure Act shall apply in regards to the notice
5 of decision, any request for rehearing, and any petition for judicial review. The
6 decision of the agent shall be final, subject to judicial review. The parties to the
7 appeal hearing shall be notified in person or by regular mail or electronic mail of the
8 decision following the hearing. Each written appeal decision shall contain a
9 statement of reasons for the decision, including a determination of each issue of fact
10 necessary to the decision. Failure to appear at the date, time, and place specified on
11 the hearing notice shall automatically result in denial of the appeal. The hearing
12 agent shall have the authority to waive administrative fees, in whole or in part, for
13 good cause shown.
14 (7) Electronic mail sent by the registered owner to the address provided in
15 the highway safety corridor violation notice shall be presumptive evidence of receipt
16 by the department. Electronic mail sent by the department to the address provided
17 by the registered owner shall be presumptive evidence of receipt by the registered
18 owner.
19 G.(1) Failure to comply with the requirements of this Section shall result in
20 the following late charges or sanctions, or both, against the registered owner:
21 (a) The department may assess the following penalties for late payment, for
22 failure to pay, or for otherwise failing to respond against the registered owner:
23 (i) A registered owner who fails to respond to a highway safety corridor
24 violation notice as provided by this Section within thirty calendar days after the date
25 of the issuance of the highway safety corridor violation notice may incur a late
26 charge of five dollars. A registered owner who fails to respond to a highway safety
27 corridor violation notice within one hundred and eighty calendar days after the date
28 of issuance of the violation notice shall not be able to obtain the renewal, duplicate,
29 or reissuance of his driver's license or the registration of the vehicle until all matters
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1 regarding the alleged highway safety corridor violation are disposed of in accordance
2 with law. The violation clerk shall notify the registered owner by first-class mail of
3 this delinquency and consequences of the delinquency.
4 (ii) A registered owner who fails to respond to a highway safety corridor
5 violation notice as provided by this Section within one hundred and eighty calendar
6 days after the date of the issuance of the violation notice shall be prohibited from
7 renewing his driver's license. The violation clerk shall notify the Louisiana office
8 of motor vehicles of this delinquency. Upon notice from a violation clerk, the office
9 of motor vehicles shall place the matter on record and shall not renew or reissue the
10 driver's license of the registered owner or the registration of the vehicle until after
11 notice from the violation clerk that the matters have been disposed of in accordance
12 with law.
13 (b) After a notice to the office of motor vehicles provided in Item (a)(ii) of
14 this Paragraph, the Department shall not be required to send notices of delinquency
15 to registered owners with ten or more highway safety corridor violations. However,
16 the penalties and administrative fees of such registered owner shall continue to
17 accumulate.
18 (2) The department may pursue such civil action as it deems appropriate to
19 collect the penalties and administrative fees assessed in the highway safety corridor
20 violation notice as well as such subsequent late charges assessed in accordance with
21 this Section.
22 H.(1) A video recording, photograph, or other electronic data produced by
23 a highway safety corridor monitoring system shall be admissible in a proceeding to
24 collect a penalty, administrative fee, or other charge of the department for a highway
25 safety corridor violation.
26 (2) An original or facsimile of a certificate, sworn to or affirmed by an agent
27 of the department that states that a highway safety corridor violation has occurred
28 and states that it is based upon a personal inspection of a video recording,
29 photograph, or other electronic data produced by a highway safety corridor
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1 monitoring system, as defined in this Section, is prima facie evidence of the facts
2 contained in the certificate.
3 (3) Notwithstanding any other provision of law to the contrary, a video
4 recording, photograph, or other electronic data prepared for enforcement of highway
5 safety corridor requirements is for the exclusive use of the department or any other
6 state agency in the discharge of the agency's respective duties under this Section.
7 I. The department shall from time to time designate one or more violation
8 clerks and agents to perform the functions specified in this Section at the discretion
9 of the department and for a time period as shall be necessary. The department shall
10 supervise and coordinate the processing of highway safety corridor violation notices
11 in accordance with this Section. The department may hire or designate such
12 personnel and organize such sections as the department may deem necessary, or
13 contract for such services, in order to carry out the provisions of this Section.
14 J. The provisions of this Section are intended to supplement the laws
15 governing motor vehicles and traffic regulation appearing in Title 32 of the
16 Louisiana Revised Statutes of 1950, and nothing contained in this Section shall be
17 construed as precluding any police officer from enforcing these laws within a
18 designated highway safety corridor. If a police officer issues a citation to the
19 operator of a motor vehicle for a violation occurring within a highway safety
20 corridor, the department shall not implement any enforcement action pursuant to this
21 Section.
22 Section 2. This Act shall become effective upon signature by the governor or, if not
23signed by the governor, upon expiration of the time for bills to become law without signature
24by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
25vetoed by the governor and subsequently approved by the legislature, this Act shall become
26effective on the day following such approval.
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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 654 Engrossed 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
highway 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 prohibits the secretary of the DOTD, the superintendent of the Louisiana State
Police (LSP), and the executive director of the Louisiana Highway Safety Commission from
being liable for any property damages, injuries, or deaths that may arise in the enforcement
of proposed law after reviewing all data and studies for the establishment of the hwy. safety
corridor.
Proposed law establishes the Safety Corridor Advisory Group and requires the following
members serve on the advisory group:
(1)The secretary of the DOTD or his designee.
(2)The superintendent of the La. State Police or his designee.
(3)The executive director of the La. Hwy. Safety Commission or his 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 his 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
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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.
Proposed law requires the 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 the DOTD to adopt rules necessary to carry out the provisions of
proposed law.
Proposed law requires the secretary of the DOTD, in the exercise of his authority to
designate hwy. safety corridors on any hwy. in the state hwy. system. Requires the secretary
of the DOTD to coordinate with La. State Police for the 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 that has jurisdiction over the location of the hwy. safety
corridor violation and, except as provided in proposed law, and an administrative fee of $25
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 that ownership is prima facie evidence of liability. Authorizes the
registered owner to dispute the prima facie evidence by providing proof that the vehicle was
sold or transferred prior to the HOV violation, or by providing a copy of the police report
or other evidence indicating the vehicle was stolen prior to the violation.
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
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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 must 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
sent, and such other information as the dept. may deem appropriate.
(3)The violation notice must 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
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 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 will not apply, the
provisions of the Administrative Procedure Act will not apply to the manner the
hearing is noticed or conducted, but will apply to the notice of the decision, request
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for rehearing, and a petiton for judicial review, 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 provides 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 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 of $5. 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 obtain the renewal, duplicate, or reissuance of 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 or reissue 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 proposed law.
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.
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HB NO. 654
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 or any other state
agency in the discharge of the agency's respective 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.
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
officer issues a citation to the operator of a motor vehicle for a violation occurring within
an hwy. safety corridor.
Proposed law requires the office of motor vehicles issue a notice to the violator at the
address listed on the violator's driver's license, unless a more current address is on file, and
to identify the violator's vehicle by vehicle identification number when the department
receives notice from the DOTD to block the renewal or reissuance of the driver's license or
registration of a frequent violator. Requires the notice advise of the block against renewal
or reissuance, including a duplicate registration or driver's license. Proposed law requires
the notice state the requirement to pay the reinstatement fee to the office of motor vehicles
in addition to providing compliance from DOTD to remove the block against renewal or
reissuance. Requires the reinstatement fee be $100 and requires DOTD provide a complete
record on all violations of the violator including notices, evidence, or other required used in
determining the violation or conduction any hearing or appeal.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 32:57(I), 57.3, 267, and 267.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Make technical changes.
2. Remove the provision that required the vehicle’s registered owner be liable to
make prompt payment of the proper penalty to the municipality or local
governing body that has jurisdiction over the location of the hwy. safety corridor
violation.
3. Prohibit the secretary of the Dept. of Transportation and Development, the
superintendent of the Louisiana State Police, and the executive director of the
Louisiana Highway Safety Commission from being liable for any property
damages, injuries, or deaths that may arise in the enforcement of proposed law
after reviewing all data and studies for the establishment of the highway safety
corridor.
4. Require the secretary of the Dept. of Transportation and Development to
coordinate with Louisiana State Police for the exercise police powers of the state
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as necessary to maintain the peace and accomplish the orderly handling of this
authority, subject to the provisions of proposed law.
5. Require an administrative fee of $25 dollars and a late charge of $5.
6. Prohibit the Administrative Procedure Act from applying to the manner the
hearing is noticed or conducted, but rather to the notice of the decision, request
for rehearing, and a petition for judicial review.
7. Require the office of motor vehicles issue a notice to the violator at the address
listed on the violator's driver's license, unless a more current address is on file,
and to identify the violator's vehicle by vehicle identification number when the
department receives notice from the Dept. of Transportation and Development
to block the renewal or reissuance of the driver's license or registration of a
frequent violator.
8. Require the notice advise of the block against renewal or reissuance, including
a duplicate registration or driver's license. Require the notice state the
requirement to pay the reinstatement fee to the office of motor vehicles in
addition to providing compliance from Dept. of Transportation and Development
to remove the block against renewal or reissuance. Require the reinstatement fee
be $100 and require DOTD provide a complete record on all violations of the
violator including notices, evidence, or other required used in determining the
violation or conduction any hearing or appeal.
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