2021 Regular Session ENROLLED
SENATE BILL NO. 190
BY SENATOR SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 32:1(1), (16), and (108), 2(D), 3(C), 388(A)(3) and (4), the
3 introductory paragraph of (B)(1)(a), (B)(4)(a), (F), and (G), 388.1, 389, and
4 392(A)(1), R.S. 36:409(C)(8), R.S. 40:1379.8, and R.S. 47:511.1(B), (C), (D), and
5 (E), 516(A), (B)(2), and (D), 718(B)(1) and (C) and 812(C), to enact R.S.
6 32:1(108.1) and 2(B) and (C) and R.S. 36:408(B)(3), and to repeal R.S. 32:2(E),
7 388(C)(3), and Sections 6 through 14 of Act No. 320 of the 2010 Regular Session of
8 the Legislature; relative to weights and standards; to transfer the operation and
9 maintenance of stationary weight enforcement scale locations from the Department
10 of Public Safety and Corrections to the Department of Transportation and
11 Development; to provide for authority of the Department of Transportation and
12 Development; to provide for the authority of the Department of Public Safety and
13 Corrections; to provide for definitions; to provide for fines and payments; to provide
14 for enforcement, payment, and collections procedures; to provide for administrative
15 review; to provide for transition; to provide for an effective date; and to provide for
16 related matters.
17 Be it enacted by the Legislature of Louisiana:
18 Section 1. R.S. 32:1(1), (16), and (108), 2(D), 3(C), 388(A)(3) and (4), the
19 introductory paragraph of (B)(1)(a), (B)(4)(a), (F), and (G), 388.1, 389, and 392(A)(1) are
20 hereby amended and reenacted and R.S. 32:1(108.1) and 2(B) and (C) are hereby enacted
21 to read as follows:
22 §1. Definitions
ACT No. 384
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1 When used in this Chapter, the following words and phrases have the
2 meanings ascribed to them in this Section, unless the context clearly indicates a
3 different meaning:
4 (1) "Authorized emergency vehicle" means a vehicle of a fire department, a
5 vehicle of the department's weights and standards police force, a police vehicle, a
6 private vehicle, a privately owned vehicle belonging to members of an organized
7 volunteer fire department or fire district when so designated or authorized by the fire
8 chief of that fire department or fire district, an industrial-owned vehicle assigned to
9 members of a fire department or fire district when so designated or authorized by the
10 fire chief of that fire department or fire district, a vehicle parked or stopped by
11 elevator repair or construction personnel while responding to an elevator emergency,
12 such as ambulances and emergency medical response vehicles certified by the
13 Department of Health and Hospitals that are operated by certified ambulance
14 services, and emergency vehicles of municipal departments or public service
15 corporations as are designated or authorized by the secretary of the Department of
16 Transportation and Development or by the chief of police of any incorporated
17 municipality. For purposes of this Section, elevator repair shall be limited to those
18 elevators that move people.
19 * * *
20 (16) "Commissioner" means the deputy secretary of the Department of Public
21 Safety and Corrections, public safety services.
22 * * *
23 (108) "Weights and standards stationary scale police officer" means an
24 employee of the Department of Public Safety and Corrections, public safety services
25 Transportation and Development, authorized to enforce the provisions of R.S.
26 32:380 through 388.1, R.S. 32:390, R.S. 47:718, Chapter 4 of Subtitle II of Title 47
27 of the Louisiana Revised Statutes of 1950, the access laws and regulations relative
28 to controlled access highways, and certain other specified statutes and regulations
29 determined by the deputy secretary of the Department of Public Safety and
30 Corrections, public safety services, or by of the Department of Transportation and
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1 Development.
2 (108.1) "Weights and standards mobile police officer" means an
3 employee of the office of state police of the Department of Public Safety and
4 Corrections, public safety services, with responsibilities and duties as provided
5 by R.S. 40:1379.8.
6 * * *
7 §2. Authority of Department of Transportation and Development
8 * * *
9 B. The department shall enforce the provisions of R.S. 32:380 through
10 R.S. 32:388.1, R.S. 32:390, R.S. 47:718 and the provisions of Chapter 4 of
11 Subtitle II of Title 47 relating to trucks, trailers and semi-trailers and Part V of
12 Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 and
13 the department's regulations adopted pursuant thereto on all highways within
14 this state and shall exercise other power and authority as is specifically set forth
15 in this Chapter or other laws of this state.
16 C.(1) The Weights and Standards Stationary Scales Police Force is
17 hereby created within the department. It may enforce the provisions of R.S.
18 32:380 through R.S. 32:388.1, R.S. 32:390, R.S. 47:718 and the provisions of
19 Chapter 4 of Subtitle II of Title 47 relating to trucks, trailers, and semi-trailers;
20 Part V of Chapter 7 of Subtitle II of Title 47; the provisions of R.S. 32:389; and
21 the access laws and regulations relative to controlled access highways.
22 (2) Members of the Weights and Standards Stationary Scales Police
23 Force are authorized to carry weapons and to make arrests in the enforcement
24 of these laws and regulations, and in that regard, shall have the same authority
25 and powers conferred by law upon other law enforcement officers of this state;
26 however, no member of the Weights and Standards Stationary Scales Police
27 Force shall be authorized to carry a weapon until the member has received
28 P.O.S.T. certification training.
29 D. The department Department of Transportation and Development shall
30 have sole authority over the issuance of special permits as set forth in R.S. 32:387.
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1 The commissioner may facilitate the issuance of permits by the department's truck
2 permit office to place a vehicle or load in compliance with law.
3 * * *
4 §3. Authority of Department of Public Safety and Corrections
5 * * *
6 C. The Weights and Standards Police Force is hereby created within the
7 Department of Public Safety and Corrections, public safety services. It may enforce
8 the provisions of R.S. 32:380 through 388.1, R.S. 32:390, R.S. 47:718, Chapter 4 of
9 Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the access laws and
10 regulations relative to controlled access highways, and certain other specified
11 statutes and regulations determined by the deputy secretary of the Department of
12 Public Safety and Corrections, public safety services. Members of the Weights and
13 Standards Mobile Police Force may be are authorized to carry weapons and to make
14 arrests in the enforcement of these laws and regulations and may have the same
15 authority and powers conferred by law upon other law enforcement officers of the
16 Department of Public Safety and Corrections upon being duly commissioned as a
17 peace officer by the deputy secretary of the Department of Public Safety and
18 Corrections, public safety services the state; however, no member of the Weights
19 and Standards Mobile Police Force shall be authorized to carry a weapon until the
20 member has received P.O.S.T. certification training and has been duly commissioned
21 as a peace officer by the deputy secretary of the Department of Public Safety and
22 Corrections, public safety services.
23 * * *
24 §388. Penalties; payments
25 A. * * *
26 (3) Each vehicle that is required to stop at a department stationary weight
27 enforcement scale location and which that fails to stop shall be assessed the
28 following penalty:
29 (a) Vehicles with a gross vehicle weight rating of less than twenty-six
30 thousand pounds shall be penalized fined one hundred dollars for failure to stop at
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1 a weight scale the department stationary weight scales. This penalty fine shall be
2 in addition to any other penalties fine which may be assessed for other violations.
3 (b) Vehicles with a gross vehicle weight rating of twenty-six thousand
4 pounds or more shall be penalized fined five hundred dollars for failure to stop at a
5 weight scale the department stationary weight scales. This penalty fine shall be
6 in addition to any other penalties fines which may be assessed for other violations.
7 (4) Any vehicle which inadvertently bypasses the department stationary
8 weight scales and returns to the scales voluntarily without the assistance of law
9 enforcement shall not be assessed any penalty for bypassing the scale scales.
10 B.(1)(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph,
11 whoever owns or operates any vehicle or combination of vehicles in violation of any
12 rule, regulation, directive, or requirement of the secretary adopted under R.S.
13 32:386 or in violation of R.S. 32:386 shall be required to reduce the load to the
14 maximum permissible gross weight and shall be assessed a penalty on such weight
15 which exceeds the maximum permissible gross weight as defined by R.S. 32:386 or
16 maximum allowable axle weights, whichever results in the higher fine, in accordance
17 with the following schedule:
18 * * *
19 (4)(a) Whoever owns any business entity engaged in the sale or shipment of
20 construction aggregates requiring a weigh master, not including asphalt, or transfer
21 sales or shipment from rail, barge, or ship to wholesale stockpiles or inventories
22 within a five-mile radius of the point where the shipment was transferred, who
23 violates, or whose driver or contract driver violates any rule, regulation, directive,
24 or requirement of the secretary adopted under R.S. 32:386 or violates R.S. 32:386
25 shall also be assessed a separate penalty for each violation in accordance with the
26 schedule set forth in Paragraph B(1) of this Section Subsection. However,
27 notwithstanding any other provision of this Chapter or any law to the contrary, any
28 such business, or weigh master thereof, who releases a vehicle that is within the
29 maximum permissible gross weight limitations for travel on a state highway shall not
30 be assessed any penalty when said vehicle is found in violation of gross maximum
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1 weight limitations while traveling on any interstate highway. For purposes of
2 enforcing this Subsection, any weights and standards or state policeman having
3 reason to believe that such owner is in violation of R.S. 32:386 is authorized to enter
4 and go upon, without formal warrant, any vehicle, stand, place, building, or
5 premises, for the purpose of inspecting only the shipping ticket or tickets issued in
6 connection with the particular load found in violation of R.S. 32:386 by any weights
7 and standards or state policeman police in order to determine whether such sales at
8 the origin of shipment contain the amounts represented and are offered for sale or
9 sold in a manner in accordance with law. The discovery of an overweight vehicle
10 after proper weighing shall constitute "reason to believe" for purposes of this
11 Subsection.
12 * * *
13 F. Payments for penalties imposed by the Department of Transportation
14 and Development and the Department of Public Safety and Corrections, public
15 safety services, shall be remitted to the Transportation Trust Fund. However, any
16 payments for citations for weight limit violations on parish roads in a parish shall be
17 paid to the public works department of said parish.
18 G.(1) All such penalties collected by the secretary and the commissioner
19 shall be paid into the state treasury on or before the twenty-fifth day of each month
20 following their collection and, in accordance with Article VII, Section 9 of the
21 Constitution of Louisiana, shall be credited to the Bond Security and Redemption
22 Fund. However, after a sufficient amount of the penalties collected by the secretary
23 and the commissioner is allocated from the fund to pay all obligations secured by
24 the full faith and credit of the state within any fiscal year, the treasurer shall pay an
25 amount equal to the fees paid into the Bond Security and Redemption Fund pursuant
26 to this Paragraph into the Transportation Trust Fund created under Article VII,
27 Section 27 of the Constitution of Louisiana.
28 (2) The Department of Public Safety and Corrections, public safety services
29 and Department of Transportation and Development, shall keep a set of books
30 showing from whom every dollar is paid and for what purpose. It also shall keep in
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1 its file vouchers or receipts for all monies paid out.
2 §388.1. Penalties; multiple violations
3 Whoever owns or drives any vehicle or combination of vehicles in violation
4 of two or more of the provisions of this Part at any one time shall be assessed the
5 greater or the greatest of the penalties, in the full amount of the penalty. The
6 commissioner department is hereby authorized to promulgate rules and regulations
7 to provide that in addition to assessment of the greater or greatest penalty, the owner
8 or driver shall be assessed a penalty not to exceed ten dollars for each other violation
9 committed at the same time; however, such rules and regulations shall only be
10 promulgated provided the Federal Highway Administration initiates official
11 sanctions which would result in the loss of National Highway System apportionment
12 or other federal funds should such penalties for multiple violations not be provided.
13 §389. Weights and standards stationary scale police; enforcement procedure;
14 payment and collection procedures; administrative review
15 A. The weights and standards stationary scale police force and the state
16 police shall have concurrent authority to enforce the provisions of R.S. 32:380
17 through 388.1 and R.S. 32:390.
18 B. Any weights and standards stationary scale police officer having reason
19 to believe that any vehicle or combination of vehicles exceeds or is in violation of
20 the provisions of R.S. 32:380 through R.S. 32:386 or R.S. 32:388.1 through R.S.
21 32:390, or the terms and conditions of a special permit issued under R.S. 32:387 or
22 regulations of either the Department of Transportation and Development or the
23 Department of Public Safety and Correction, public safety services the department
24 or secretary, adopted pursuant to this Part, is authorized to stop such vehicle or
25 combination of vehicles and to inspect, measure, or weigh such vehicle, either by
26 means of portable or stationary scales, or to require that such vehicle be driven to the
27 nearest available location equipped with facilities to inspect, measure, or weigh such
28 vehicle.
29 (1) Any state policeman having reason to believe that any vehicle or
30 combination of vehicles exceeds or is in violation of the provisions of R.S. 32:380
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1 through R.S. 32:386 or R.S. 32:388.1 through R.S. 32:390, or the terms and
2 conditions of a special permit issued under R.S. 32:387 or regulations of the
3 department or secretary adopted pursuant to this Part is authorized to stop such
4 vehicle or combination of vehicles and to inspect or measure such vehicle or to
5 require that such vehicle be driven to the nearest available location equipped with
6 facilities to inspect or measure such vehicle, provided that any state policeman
7 having reason to believe that any vehicle or combination of vehicles exceeds or is in
8 violation of the provisions of R.S. 32:386, any overweight special permit as provided
9 in R.S. 32:387, or the department's regulations adopted pursuant thereto, may escort
10 such vehicle to the nearest permanent or portable scale operated by the department's
11 weights and standards police force, where a weights and standards police officer
12 shall weigh such vehicle and if such vehicle is overweight, is in violation of an
13 overweight special permit, or the department's or secretary's regulations adopted
14 pursuant thereto, shall issue a violation ticket in accordance with Subsection C of this
15 Section.
16 C.(1) Whenever any carrier, common carrier, contract carrier, private carrier,
17 transport vehicle, or driver is found in violation of any provision of this Chapter, the
18 commissioner or secretary shall send the responsible party a "Notice of Violation,
19 Proposed Finding and Proposed Civil Penalty", hereafter referred to as a "notice of
20 violation", within thirty calendar days of the violation.
21 (2)(a) Each notice of violation shall clearly indicate if a monetary penalty is
22 assessed for the violation or if the notice of violation is only a warning. When a
23 monetary penalty is assessed, each notice of violation shall be sent to the responsible
24 party by certificate of mailing. Such notice of violation shall also contain notice that
25 the responsible party shall have forty-five calendar days from the date of issuance
26 of the notice of violation to either pay the monetary penalty for the violation or to
27 request, in writing, an administrative hearing to review the notice of violation. When
28 the amount of the civil penalty is negotiated between the commissioner or secretary
29 and the responsible party, the commissioner or secretary shall send written
30 notification to the responsible party of the amount of the negotiated civil penalty
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1 within thirty calendar days of the date of the final negotiation. Such payment shall
2 be made by certified check, money order, or credit card. If made by credit card, the
3 payment shall be deemed received by the commissioner or secretary when tendered
4 and an approval code is obtained from the credit card company or credit card
5 processor.
6 (b) The commissioner or secretary shall adopt rules and regulations in
7 accordance with the Administrative Procedure Act, subject to oversight by the House
8 and Senate committees on transportation, highways and public works as are
9 necessary regarding the administrative hearing, including but not limited to rules and
10 regulations regarding notification and the procedure for requesting a hearing
11 provided such rules shall not conflict with the provisions of R.S. 32:388.1.
12 (3) If the commissioner or secretary fails to issue the notice of violation to
13 the responsible party within thirty calendar days of the violation in accordance with
14 the provisions of this Section, the violation shall be dismissed. However, the
15 commissioner or secretary shall be granted an additional sixty calendar days to send
16 the responsible party a notice of violation in accordance with the provisions of this
17 Section if he experiences a data system failure caused by either an act of God or an
18 intentional act of sabotage.
19 (4) Any appeal of the findings of the administrative law judge shall be filed
20 in a state district court with proper venue over the matter.
21 D.(1) If a carrier is determined to be the responsible party for a notice of
22 violation by the commissioner or secretary and, if such the carrier fails to pay the
23 assessed penalty within forty-five calendar days of issuance of the notice of
24 violation, or in the case of an administrative hearing, the responsible party fails to
25 pay the assessed fine within thirty calendar days of receiving a notice of final
26 judgment from the administrative law judge, the outstanding penalty amount shall
27 be posted on the commissioner's or secretary's official web site. The outstanding
28 penalty amount for such responsible party shall continue to appear on the web site
29 until all fines and fees are paid in full. The commissioner or secretary shall transmit
30 the vehicle identification number of the offending vehicle for which the notice of
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1 violation was written to the office of motor vehicles. The office of motor vehicles
2 shall not renew the registration of the offending vehicle until all fines and fees
3 associated with the notice of violation have been paid in full. Within seven calendar
4 days of receiving documentation from the responsible party that all fines and fees
5 have been paid in full, the commissioner or secretary shall remove the posting of
6 the notice of violation from his web site. Additionally, upon payment of all fines and
7 fees associated with the notice of violation, the office of motor vehicles shall
8 immediately authorize renewal of the vehicle's registration. Such payment shall be
9 made by certified check, money order, or credit card. If made by credit card, the
10 payment shall be deemed received by the commissioner or secretary when tendered
11 and an approval code is obtained from the credit card company or credit card
12 processor.
13 (2) If the driver of a motor vehicle is found to be the responsible party for a
14 notice of violation by the commissioner or secretary, the driver shall be responsible
15 for the payment of all fines and fees associated with issuance of the notice of
16 violation. Such payment shall be made by certified check, money order, or credit
17 card. If made by credit card, the payment shall be deemed received by the
18 commissioner or secretary when tendered and an approval code is obtained from the
19 credit card company or credit card processor. If the commissioner or secretary fails
20 to receive payment within forty-five calendar days of issuance of the notice of
21 violation, or in the case of an administrative hearing, the responsible party fails to
22 pay the assessed penalty within thirty calendar days of receiving a notice of final
23 judgment from the administrative law judge, the commissioner or secretary shall
24 transmit the driver's license number to the office of motor vehicles. Upon receipt of
25 the driver's license number, the office of motor vehicles shall immediately notify the
26 driver, by first class mail, that his driver's license shall be suspended thirty calendar
27 days after the date of mailing the notice unless all fines and fees associated with the
28 notice of violation or final judgment from the administrative law judge are paid in
29 full together with notice of the imposition of a fifty-dollar fee by the office of motor
30 vehicles to cover its administrative costs. The driver's license shall remain suspended
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1 until all fines and fees associated with the notice of violation or final judgment from
2 the administrative law judge and the fifty-dollar fee for the office of motor vehicles
3 are paid in full. Upon payment of all fines and fees, the office of motor vehicles shall
4 immediately authorize the reinstatement of the driver's license.
5 (3) Motor carriers shall not be responsible for driver violations.
6 E.(1) The commissioner or secretary and any law enforcement officer
7 working for the commissioner or secretary shall be prohibited from seizing a motor
8 vehicle or the registration license plate of a motor vehicle for failing to pay a fine for
9 a notice of violation.
10 (2) In the event a motor vehicle for which a notice of violation has been
11 issued is subsequently sold, the new owner of such vehicle shall not be responsible
12 for any outstanding fines or fees associated with a notice of violation. The new
13 owner of the motor vehicle shall present proper documentation to the commissioner
14 or secretary evidencing the lawful transfer of ownership.
15 F. During a state of emergency declared by the governor, the commissioner
16 or secretary shall be granted an additional sixty calendar days to send the
17 responsible party a notice of violation in accordance with the provisions of this
18 Section. Such extension of time shall terminate not later than sixty days from the
19 date the state of emergency ends.
20 G. Notwithstanding the provisions of this Section, any member of the armed
21 forces, who is in uniform or presents an order for duty and who is operating a
22 military vehicle in the line of duty in violation of any provision of R.S. 32:380
23 through R.S. 32:387, or any regulation adopted pursuant thereto, shall not be
24 required to pay the penalty assessed, nor shall such the member be required to
25 surrender his Louisiana driver's license. However, the owner of the vehicle or the
26 federal government shall pay the penalty within thirty forty-five days.
27 H. The failure of any vehicle or combination of vehicles to stop at a weigh
28 facility may be excused if stopping the vehicle or combination of vehicles creates a
29 serious traffic hazard. The commissioner or secretary shall promulgate rules under
30 the provisions of the Administrative Procedure Act to implement the provisions of
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1 this Subsection. Such These rules shall define "serious traffic hazard" and shall
2 authorize the use of green traffic signal lights to allow vehicles to pass the weigh
3 facility at such times as vehicles have accumulated on the entrance ramp to the weigh
4 facility to the extent that the vehicles present a traffic hazard. Rules previously
5 adopted by the department shall remain in full force and effect until such time as the
6 commissioner or secretary promulgates rules pursuant to this Subsection. Rules
7 adopted hereunder These rules shall be subject to oversight by the House and Senate
8 committees on transportation, highways and public works.
9 * * *
10 §392. Impounding of vehicles; prohibitions
11 A.(1) Upon discovery of any vehicle operated in violation of this Chapter, the
12 vehicle shall not be impounded but shall may be directed to and followed by the
13 weights and standards police officer or state policeman to the nearest appropriate
14 place suitable for unloading to its licensed gross weight or maximum size
15 requirements as provided in this Chapter and storage of said product to preserve it
16 for its intended use in commerce and in either case shall be detained or unloaded at
17 the expense and responsibility of the owner or driver. The commissioner
18 department shall not detain or impound any vehicle issued a violation ticket for any
19 violation of the provisions of R.S. 32:380 through 387 prior to the final disposition
20 of the violation ticket. For purposes of this Section, "final disposition" shall be
21 defined as a final decision, not capable of appeal or review.
22 * * *
23 Section 2. R.S. 36:409(C)(8) is hereby amended and reenacted and R.S. 36:408(B)(3)
24 is hereby enacted to read as follows:
25 §408. Offices; purposes and functions
26 * * *
27 B. * * *
28 (3) Within the office of state police there shall be a Weights and
29 Standards Mobile Police Force which shall perform the functions of the state
30 related to the enforcement of R.S. 32:380 through 388.1, R.S. 32:390, and R.S.
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1 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47 relating to
2 trucks, trailers, and semi-trailers and Part V of Chapter 7 of Subtitle II of Title
3 47 of the Louisiana Revised Statutes of 1950 and the department's regulations
4 adopted pursuant thereto.
5 * * *
6 §409. Transfer of agencies to Department of Public Safety and Corrections
7 * * *
8 C. The following agencies, as defined by R.S. 36:3, are transferred to and
9 hereafter shall be within the Department of Public Safety and Corrections, as
10 provided in R.S. 36:802:
11 * * *
12 (8) The Weights and Standards Police Force (mobile units only) (R.S.
13 40:1379.8). The Weights and Standards Police Force shall perform the functions of
14 the state related to the enforcement of R.S. 32:380 through 388, R.S. 32:388.1, R.S.
15 32:390, and R.S. 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47
16 relating to trucks, trailers, and semi-trailers and Part V of Chapter 7 of Subtitle II of
17 Title 47 of the Louisiana Revised Statutes of 1950 and the department's regulations
18 adopted pursuant thereto.
19 * * *
20 Section 3. R.S. 40:1379.8 is hereby amended and reenacted to read as follows:
21 §1379.8. Weights and Standards Mobile Police Force
22 A. The Weights and Standards Mobile Police Force is hereby created within
23 the Department of Public Safety and Corrections, public safety services.
24 B. Members of the Weights and Standards Mobile Police Force who are
25 commissioned by the deputy secretary of the Department of Public Safety and
26 Corrections, public safety services, and who receive P.O.S.T. certification training,
27 are considered peace officers and shall have the authority to enforce the criminal and
28 traffic laws of the state, apprehend criminals and make arrests, and perform other
29 related duties imposed upon them by the legislature. As peace officers, they shall
30 also have, in any part of the state, the same powers with respect to criminal matters
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1 and the enforcement of the law relating thereto as sheriffs, constables, and police
2 officers have in their respective jurisdictions. No member of the Weights and
3 Standards Mobile Police Force shall be authorized to carry a weapon until the
4 member has received P.O.S.T. certification training.
5 Section 4. R.S. 47:511.1(B), (C), (D) and (E), 516(A), (B)(2) and (D), 718(B)(1) and
6 (C) and 812(C) are hereby amended and reenacted to read as follows:
7 §511.1. Temporary permits
8 * * *
9 B. The Weights and Standards Police Force of the Department of
10 Transportation and Development is hereby authorized and empowered to issue
11 temporary permits on behalf of the commissioner and to enforce the provisions of
12 this Section.
13 C. If upon inspecting a vehicle or combination of vehicles it is found that it
14 has no temporary permit, the weights and standards stationary scales police officer
15 or other enforcement officer of the commissioner Department of Public Safety and
16 Corrections may impound the vehicle and may require the operator to purchase
17 forthwith a temporary permit. Two hundred dollars shall be added to the cost of
18 purchasing a temporary permit as a penalty.
19 D. Payments for penalties under this Section shall be remitted to the
20 commissioner Department of Transportation and Development. Such The
21 payment shall be made by certified check, money order, or credit card. If payment
22 is made by credit card, the payment shall be deemed received by the commissioner
23 or secretary when tendered and an approval code is obtained from the credit card
24 company or credit card processor.
25 E. All of such penalties collected by the commissioner or secretary of the
26 Department of Transportation and Development shall be paid into the state
27 treasury on or before the twenty-fifth day of each month following their collection
28 and, in accordance with Article VII, Section 9 of the constitution La. Const. Art.
29 VII, Section 9 shall be credited to the Bond Security and Redemption Fund.
30 However, after After a sufficient amount of the penalties collected by the
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1 commissioner is allocated from the that fund to pay all obligations secured by the
2 full faith and credit of the state which become due and payable within any fiscal
3 year, the treasurer shall pay an amount equal to the penalties fees paid into the Bond
4 Security and Redemption Fund pursuant to the provisions of this Subsection into the
5 Transportation Trust Fund created under Article VII, Section 27 of the Constitution
6 of Louisiana.
7 * * *
8 §516. Vehicles improperly licensed; weighing, inspections and investigations;
9 purchase of proper license required; penalty
10 A. The commissioner, or the division of state police, weights and standards
11 police officers, of the Department of Transportation and Development or other
12 proper legal authority, shall have the right and power at any time and place to
13 investigate, in any lawful manner, and inspect, at any time and place, any vehicle,
14 with respect to its registration, license, tax payment or other manner or thing
15 contemplated by or provided for in this Chapter. To that end the commissioner or
16 secretary may select, appoint or designate inspectors, acquire the necessary scales
17 or other equipment incident to their functioning, and where necessary may cause the
18 owner or driver of any vehicle to move the same or cause it to be moved, forthwith,
19 to the nearest scales available in the direction of destination.
20 B. * * *
21 (2) Twenty-five percent of the annual price of the license or registration shall
22 be added to the cost of purchasing the same as a penalty, which shall be in lieu of the
23 penalties directed to be imposed by R.S. 47:508. There shall be credited against the
24 price of this license or registration the price of the license or registration on the
25 vehicle at the time of its unlawful operation. However, in lieu of impoundment and
26 immediate purchase of license and registration, a Department of Transportation
27 and Development stationary weights and standards police scales police officer may
28 issue a violation ticket in the amount of seventy-five dollars, in addition to any
29 overweight penalties due as provided by R.S. 32:388, to any operator possessed of
30 an improper Louisiana license and registration.
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1 * * *
2 D. Whoever violates his promise to appear, purchase license plate and
3 registration and pay any penalty assessed under Subsections B and C of this section
4 Section shall be punished by a fine of not more than five hundred dollars, or by
5 imprisonment for not more than ninety days, or both, and the driver's license or
6 license plate shall be forwarded to the commissioner Department of Public Safety
7 and Corrections for suspension, revocation, and cancellation.
8 * * *
9 §718. Gasoline or motor fuel imported in a vehicle's reservoir and used within this
10 state
11 * * *
12 B.(1) In order to enforce the provisions of this Section, the secretary or his
13 authorized representative, or any commissioned officer employed by the Department
14 of Public Safety and Corrections, public safety services, office of state police or by
15 the Department of Transportation and Development is empowered to stop any
16 motor vehicle which appears to be operating with gasoline or motor fuel for the
17 purpose of examining the invoices and for such other investigative purposes
18 reasonably necessary to determine whether the vehicle is being operated in
19 compliance with the provisions of this Section.
20 * * *
21 C. All penalties collected for violation of this Section shall be paid to the
22 deputy secretary of the Department of Public Safety and Corrections, public safety
23 services, or the Department of Transportation and Development, whichever
24 agency issued the violation ticket, who shall pay said penalties into the state
25 treasury on or before the twenty-fifth day of each month following their collection
26 and, in accordance with Article VII, Section 9 of the Constitution of Louisiana shall
27 be credited to the Bond Security and Redemption Fund. After a sufficient amount is
28 allocated from that fund to pay all obligations secured by the full faith and credit of
29 the state which become due and payable within any fiscal year, the treasurer shall
30 pay an amount equal to the fees paid into the Bond Security and Redemption Fund
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1 pursuant to this Subsection into the Transportation Trust Fund.
2 * * *
3 §812. Violations; cargo tank to carburetor connection; operation without
4 speedometer or hub meter; operation without name and address on
5 trucks; invoice
6 * * *
7 C. All specific penalties collected by the Department of Public Safety and
8 Corrections, public safety services, or the Department of Transportation and
9 Development in accordance with this Part shall be paid to the deputy secretary of the
10 Department of Public Safety and Corrections, public safety services, or the
11 Department of Transportation and Development, whichever agency issued the
12 violation ticket or notice, who shall pay said penalties into the state treasury on or
13 before the twenty-fifth day of each month following their collection and, in
14 accordance with Article VII, Section 9 of the Constitution of Louisiana, such funds
15 shall be credited to the Bond Security and Redemption Fund. After a sufficient
16 amount is allocated from that fund to pay all obligations secured by the full
17 faith and credit of the state which become due and payable within any fiscal
18 year, the treasurer shall pay an amount equal to the fees paid into the Bond
19 Security and Redemption Fund pursuant to this Subsection into the
20 Transportation Trust Fund.
21 Section 5. R.S. 32:2(E), 388 (C)(3), and Sections 6 through 14 of Act No. 320 of the
22 2010 Regular Session of the Legislature are hereby repealed.
23 Section 6. The items that are currently necessary to the duties and responsibilities
24 currently performed by the Department of Public Safety and Corrections, public safety
25 services for carrying out the functions, duties, and responsibilities of the previously
26 constituted Weights and Standards Stationary Scales Police Force are transferred to the
27 Department of Transportation and Development.
28 Section 7. All rules and regulations adopted or permits, licenses, registrations,
29 variances, or orders issued by the effective date of this Act shall continue in full force unless
30 otherwise revoked, repealed, amended, modified, or terminated in accordance with law.
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1 However, the secretary of the Department of Transportation and Development shall act to
2 adopt such rules and regulations as are necessary to the function of the Weights and
3 Standards Police Force.
4 Section 8. Any legal proceeding, the statutory provisions for which are amended or
5 repealed by the provisions of this Act, to which any agency or office is a party and that is
6 filed, initiated, or otherwise pending before any court or hearing agency on the effective date
7 of this Act, and all documents involved or affected by said legal proceeding shall retain their
8 effectiveness and shall be continued in the name of the former agency. All further legal
9 proceedings shall be in the name of the original party agency and the Department of
10 Transportation and Development shall be substituted for the original party agency without
11 the necessity for amendment of any document to substitute the name of the department or
12 the name or title of any subdivision or section of the department.
13 Section 9. All civilian employees engaged in the performance of the functions of the
14 Weights and Standards Stationary Scales Police Force, the provisions of which are amended
15 or transferred by this Act, are hereby assigned to the Department of Transportation and
16 Development and, shall insofar as practicable and necessary continue to perform duties
17 heretofore assigned, subject to applicable state civil service laws, rules, and regulations.
18 Section 10. The provisions of this Act shall not be construed in any manner that will
19 impair the contractual or other obligations of any agency, office, or department of this state.
20 Section 11. Any reference to the Weights and Standards Stationary Scales Police
21 Force or Weights and Standards Mobile Police Force, in any provision of law, including but
22 not limited to provisions of Chapters 4 and 7 of Subtitle II of Title 47 of the Louisiana
23 Revised Statutes of 1950, shall be understood to refer to the Weights and Standards Police
24 Force of the Department of Transportation and Development and the Louisiana State Law
25 Institute shall make the necessary statutory changes in order to comply with the provisions
26 of this Section.
27 Section 12. All rules and regulations promulgated by the Department of
28 Transportation and Development relative to weight enforcement, payment, and collection
29 procedures shall be adopted in accordance with the provisions of the Louisiana
30 Administrative Procedure Act. These rules and regulations shall make reference to the
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1 Sections or Subsections which they may interpret or apply.
2 Section 13. This Act shall become effective on July 1, 2022.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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