SSHB701 4146 3931
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 701 2021 Regular Session Pierre
HIGHWAYS: Provides relative to the Department of Transportation and Development's
authority over high-occupancy vehicle lanes on state highways
Synopsis of Senate Amendments
1.Makes technical changes.
2.Requires the provisions of the Administrative Procedure Act apply as it relates
to notice of the hearing decision, any request for rehearing, and any petition for
judicial review for a registered owner's appeal of his classification as a frequent
violator.
Digest of Bill as Finally Passed by Senate
Proposed law authorizes the secretary of the Dept. of Transportation and Development
(DOTD), or his designee, to exercise police powers of the state necessary to maintain the
peace and accomplish the orderly handling of the authority to establish high occupancy
vehicle (HOV) lanes, subject to the provisions of proposed law.
Proposed law provides the regulations for a frequent violator failure to respond to high-
occupancy vehicle violation when the office of motor vehicles receives notice from the
DOTD to not renew or reissue driver's license or vehicle registration pursuant to proposed
law (R.S. 47:820.5.9(J)(2)). Requires the office of motor vehicles to issue a notice at the
address listed on the violator's driver's license unless a more current address is on file.
Requires the vehicle be identified by the vehicle identification number and assigned license
plate number; in addition, advise the registered owner of his registration privileges. Further
requires the violator to pay a $100 restatement fee.
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 requires a motor vehicle that has not
fulfilled applicable permitting requirement established by the DOTD not be considered a
qualified HOV.
Proposed law requires the vehicle's registered owner be liable to make payment to the
department of the proper penalty and, except as provided in proposed law, a $25
administrative fee to recover the cost of collecting the penalty subject to provisions of this
Section where a record generated by an HOV monitoring system shows the HOV violation.
Proposed law establishes an HOV violation fine of not more than $100. Authorizes the
department to establish increasing penalties for multiple HOV violations, not to exceed $100
penalty for a single HOV violation imposed pursuant to proposed law.
Proposed law provides a presumption that the ownership status of the motor vehicle is prima
facie evidence of liability. However, there is a rebuttable presumption by providing proof the
vehicle was sold, or otherwise transferred prior to the HOV violation.
Proposed law requires the department, for the purpose of educating the public and promoting
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proper use of HOV lanes, promulgate rules and regulations governing the issuance of
warning letters in lieu of HOV violation notices to drivers who are not frequent violators.
Requires warning letters not result in the assessment of penalties or fees against the
registered owner and provide the information required for HOV violation notices.
Proposed law provides that 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 (OMV), 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 for the HOV violation, the amount 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 any 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 specified 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. Specifies
that 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) The registered owner may, without waiving judicial review, appeal an HOV violation
by notifying the department in writing, by either regular mail or electronic mail, that
he is waiving the right to a hearing 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. Specifies that 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 by
regular 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. Authorizes the violation clerk to waive the administrative fee, in
whole or in part, for good cause shown.
(5) 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, may be conducted by phone, the rules of
evidence will not apply, the Administrative Procedure Act will not apply, and the
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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 will
automatically result in denial of the appeal.
(6)The electronic mail sent by the registered owner to the address provided in the 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 authorizes the department to impose charges and sanctions as follows:
(1)A registered owner who fails to submit payment or otherwise 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 $5 late charge to cover
additional costs of collecting the penalty.
(2)If the registered owner fails to submit payment or otherwise respond to an HOV
violation notice as provided in proposed law within 60 calendar days after the date
of issuance, the department may pursue civil action against the registered owner as
it deems appropriate to collect penalties and administrative fees assessed in the
notice. Requires the violation clerk notify the registered owner by first class mail of
the delinquency and consequences.
(3)In addition to the above procedures, the department will promulgate rules and
regulations for the identification of motor vehicles that frequently engage in HOV
violations and for providing notice to registered owners of motor vehicles meeting
such criteria. Requires a frequent violator who fails to submit payment or respond
to a notice within 60 days of the notice be prohibited from any renewal or reissuance
of their driver's license and vehicle registration until all HOV violations are disposed
of pursuant to proposed law.
Proposed law requires a registered owner's appeal of his classification as a frequent violator
be conducted in the same manner as an appeal of an HOV violation and requires the
provisions of the Administrative Procedure Act as it relates to notice of the hearing decision,
any request for rehearing, and any petition for judicial review apply.
Proposed law requires the violation clerk notify the OMV of the violation record, place the
matter on record, and block the renewal or reissuance, including any duplicated, of the
violator's driver's license and vehicle registration pursuant proposed law.
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 for an HOV violation.
Proposed law provides an original or facsimile of a certificate, sworn to or affirmed by an
agent of the department specifying an HOV violation occurred and 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 and the office of motor vehicles
in the discharge of their duties under proposed law.
Proposed law requires the department from time to time designate one or more violation
clerks and agents to perform functions specified in proposed law at the discretion of the
department and for a time deemed necessary. Requires the department supervise and
coordinate the processing of HOV violation notices in accordance with proposed law.
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Authorizes the department to hire or designate personnel and organize sections or contract
for such services to carry out the provisions in proposed law. Requires hearing agents and
violation clerks have the authority to waive late fees.
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 enforcement within a designated HOV lane. Requires a defense from enforcement by
the department for a registered owner of a motor vehicle be a previously issued citation from
law enforcement for the same conduct that resulted in an HOV violation.
Effective upon signature of the governor.
(Adds R.S. 32:57.3 and R.S. 47:820.5.9)
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