Louisiana 2024 Regular Session

Louisiana House Bill HB344 Latest Draft

Bill / Engrossed Version

                            HLS 24RS-199	ENGROSSED
2024 Regular Session
HOUSE BILL NO. 344
BY REPRESENTATIVE BAGLEY
MOTOR VEHICLES:  Removes the requirement for motor vehicle inspection stickers
1	AN ACT
2To amend and reenact R.S. 32:1301, 1302, 1304(A)(1), (2), and (3) and (B), 1306(C), and
3 1306.1(A) and to repeal R.S. 32:707.5(D)(3) and 1303, relative to the vehicle
4 inspection sticker requirement; to repeal the inspection sticker requirement for
5 assembled vehicles; to repeal the notice by law enforcement of equipment issues
6 with five days to cure; to remove inspection tag requirements applicable to the city
7 of New Orleans; to require motor vehicles within parishes subject to the federal
8 Clean Air Act to be inspected according to law; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1.  R.S. 32:1301, 1302, 1304(A)(1), (2), and (3) and (B), 1306(C), and
111306.1(A) are hereby amended and reenacted to read as follows:
12 §1301.  Vehicles without required equipment or in unsafe condition
13	No person shall drive or move on any highway any motor vehicle, low-speed
14 vehicle as defined in R.S. 32:1252(23), trailer, semitrailer, or pole trailer, or any
15 combination thereof, unless the equipment upon any such vehicle is in good working
16 order and adjustment as required in this Chapter and the vehicle is in such safe
17 mechanical condition as not to endanger the driver or other occupant or any person
18 upon the highway.  Every motor vehicle, low-speed vehicle, trailer, semitrailer, and
19 pole trailer vehicle registered in this state which shall be inspected pursuant to the
20 provisions of this Chapter shall bear a valid safety inspection certificate issued in the 
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1 state of Louisiana, except as otherwise provided by this Chapter.
2 §1302.  Inspection Enforcement by officers of the department
3	A.  The Director of Public Safety, members of the State Police and such other
4 officers and employees of the department as the director may designate, may at any
5 time upon reasonable cause to believe that a vehicle is unsafe or not equipped as
6 required by law, or that its equipment is not in proper adjustment or repair, require
7 the driver of such vehicle to stop and submit such vehicle to an inspection and such
8 test with reference thereto as may be appropriate, and issue a citation to the operator
9 of such vehicle.
10	B.  In the event such vehicle is found to be in unsafe condition or any
11 required part or equipment is not present or is not in proper repair and adjustment the
12 officer shall give a written notice to the driver and shall send a copy to the
13 department.  Said notice shall require that such vehicle be placed in safe condition
14 and its equipment in proper repair and adjustment specifying the particulars with
15 reference thereto and that a certificate of inspection and approval be obtained within
16 5 days.
17	*          *          *
18 §1304.  Secretary to require periodical periodic inspection
19	A.(1)  The secretary shall at least once every other year, but not more
20 frequently than twice each year, require that every motor vehicle, low-speed vehicle,
21 trailer, semitrailer, and pole trailer registered in this state commercial motor vehicle
22 registered in this state and required to be inspected pursuant to 49 CFR Part 396,
23 including Part 396.17 and "Appendix G" thereof, and every student transportation
24 vehicle registered in this state and required to be inspected pursuant to LAC
25 28:CXIII.701(A)(3) be inspected and that an official certificate of inspection and
26 approval be obtained for such vehicle.  However, overweight and oversize mobile
27 homes requiring a state permit shall not be required to bear a certificate of approved
28 inspection when being moved by a bonded carrier as defined by law nor shall used
29 motor vehicles in transit by a dealer be required to have a certificate of inspection
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1 and approval.  In addition, the secretary shall require motor vehicles registered in a
2 parish or municipality subject to the federal Clean Air Act, 42 U.S.C. 7401 et seq.,
3 or regulations promulgated by the United States Environmental Protection Agency
4 requiring performance of the inspection and maintenance (I/M) program, be
5 inspected in accordance with R.S. 30:2054(B)(8).  Nothing in this Section shall be
6 construed to relieve any operator of a motor vehicle, low-speed vehicle as defined
7 in R.S. 32:1252(23), trailer, semitrailer, or pole trailer, or any combination thereof
8 from compliance with the provisions of R.S. 32:1301.
9	(2)  Such inspection should be made and such certificates obtained with
10 respect to the mechanism, brakes, and equipment of every vehicle vehicles required
11 to be inspected as shall be designated by the secretary.  The secretary shall require
12 the inspection of all approved automotive emission control devices installed on
13 motor vehicles required to be inspected and that were produced after model year
14 1980 to insure ensure that such devices are operative and have not been tampered
15 with.  However, low-speed vehicles shall not be subject to regular emissions
16 inspections.
17	(3)(a)  The secretary shall formulate and promulgate a set of standards for the
18 control and regulation of emission control devices on all automobiles and other
19 motor vehicles subject to inspection pursuant to this Section, which standards shall
20 be consistent with other federal and state regulations for the installation and
21 operation of approved emission control devices.
22	(b)  The secretary is hereby authorized to make necessary rules and
23 regulations for the administration and enforcement of this Section and to designate
24 any periods of time during which owners of vehicles, subject to this Section, shall
25 display upon such vehicles certificates of inspection and approval and shall produce
26 them on demand of any officer or employee of the department designated by the
27 secretary or any police or peace officer when authorized by the secretary.  However,
28 an owner or operator of a light trailer, utility trailer, boat trailer, or farm trailer need
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1 only provide a valid inspection sticker on demand of an inspecting officer to be in
2 compliance with the inspection requirements of this Chapter.
3	*          *          *
4	B.  The secretary is hereby authorized to make necessary rules and
5 regulations for the administration and enforcement of this Section and to designate
6 any periods of time during which owners of vehicles, subject to this Section, shall
7 display upon such vehicles certificates of inspection and approval or shall produce
8 the same on demand of any officer or employee of the department designated by the
9 secretary or any police or peace officer when authorized by the secretary.  Owners
10 and operators of all motor vehicles, subject to this Section, required to be equipped
11 with windshields shall display on the lower left hand corner of the windshield a
12 certificate of inspection affixed thereto by a duly authorized motor vehicle inspection
13 station.  The secretary shall accept the certificate of inspection and approval issued
14 by any municipality pursuant to any municipal ordinance adopted prior to July 27,
15 1960.  However, each person who applies for a motor vehicle inspection tag in the
16 city of New Orleans shall produce written proof of insurance from an insurer that the
17 motor vehicle is covered by security and shall declare in writing that he or she
18 intends to maintain said security at all times while said vehicle is used upon the
19 highways of Louisiana.
20	*          *          *
21 §1306.  Operation of official inspection stations
22	*          *          *
23	C.(1)(a)  A charge or fee shall be charged for each certificate of inspection
24 and approval issued, as provided in this Subsection.
25	(b)  Persons operating an official inspection station shall offer certificates of
26 inspection that are valid for both one year and two year periods.  The owner of the
27 vehicle shall have the option of purchasing a one year or a two year certificate.  A
28 charge or fee shall be charged for each year of validity of the certificate of inspection
29 and approval issued, as provided in this Subsection.
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1	(c)  The provisions of Subparagraph (b) of this Paragraph shall not apply to
2 the inspection programs provided for in Paragraphs (3) and (5) of this Subsection and
3 to student transportation vehicles.
4	(2)  Except as otherwise provided in this Subsection, for each year of validity
5 of the certificate issued, a charge or fee of ten dollars shall be charged, four dollars
6 and seventy-five cents of which shall be retained by the operator of the motor vehicle
7 inspection station conducting the inspection, four dollars of which shall be
8 transferred to the office of state police for use in traffic law enforcement, and one
9 dollar and twenty-five cents shall be transferred to the office of motor vehicles for
10 expenses associated with the motor vehicle inspection and financial responsibility
11 programs.  Included in the inspection shall be the adjustment of headlights when
12 needed and mechanically practical, at no additional cost to the operator of the motor
13 vehicle inspected.
14	(3)(a) (2)(a)  For parishes and municipalities that have a vehicle inspection
15 and maintenance program required by the federal Clean Air Act or regulations
16 promulgated by the United States Environmental Protection Agency, an additional
17 eight dollars shall be charged for each inspection that includes the performance of
18 the inspection and maintenance (I/M) program pursuant to the provisions of R.S.
19 30:2054(B)(8) for 1980 or newer model year motor vehicles.  The motor vehicle
20 inspection station shall retain six dollars of the additional charge for implementation
21 and performance of the I/M program.  Two dollars of the additional charge shall be
22 transferred to the Louisiana Department of Environmental Quality to implement and
23 operate the inspection and maintenance program.
24	(b)  The department shall promulgate and adopt rules and regulations
25 necessary to implement the provisions of this Paragraph.
26	(c)  The provisions of this Paragraph shall not apply to any trailer, light
27 trailer, or semitrailer.
28	(4) (3)  The maintenance and inspection program and the fees provided for
29 in Paragraph (3) (2) of this Subsection shall be discontinued when the I/M program
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1 is discontinued as allowed by the federal Clean Air Act, 42 U.S.C. 7401 et seq., and
2 regulations promulgated by the United States Environmental Protection Agency or
3 agreements with the agency concerning the implementation of this program, or result
4 in any other noncompliance regarding this Subsection.
5	(5) (4)  An annual charge or fee of thirty dollars shall be charged for the
6 inspection of all commercial motor vehicles which are required to be inspected under
7 the provisions of Part 396 of Title 49 of the Code of Federal Regulations 49 CFR
8 Part 396, including Part 396.17 and "Appendix G" thereof.  No charges or fees other
9 than the thirty-dollar fee shall be charged for a commercial motor vehicle inspection.
10 Of the thirty-dollar fee, the motor vehicle inspection station operator who performs
11 this inspection shall retain twenty-three dollars and seventy-five cents; two dollars
12 and twenty-five cents shall be transferred to the office of motor vehicles for expenses
13 associated with motor vehicle and financial responsibility programs; and four dollars
14 of which shall be transferred to the office of state police for use in traffic law
15 enforcement.  Included in the inspection shall be the adjustment of headlights at no
16 additional cost to the operator of the motor vehicle being inspected.  The Legislature
17 of Louisiana hereby declares that a commercial motor vehicle inspection is much
18 more extensive than the inspection mandated in Paragraph (2) of this Subsection and
19 that the increase in the fee or charge for the inspection of commercial vehicles is
20 based on the difference in the two types of inspection.
21	(6)(a) (5)(a)  The charge or fee for the inspection of student transportation
22 vehicles which are required to be inspected under pursuant to LAC
23 28:CXIII.701(A)(3) shall be twenty dollars.  No charges or fees other than the
24 twenty-dollar fee shall be charged for a student transportation vehicle inspection.  Of
25 the twenty-dollar fee, the motor vehicle inspection station operator who performs
26 this inspection shall retain fourteen dollars and seventy-five cents; one dollar and
27 twenty-five cents shall be transferred to the office of motor vehicles for expenses
28 associated with motor vehicle and financial responsibility programs; and four dollars
29 shall be transferred to the office of state police for use in traffic law enforcement.
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1	(b)  The adjustment of headlights shall be included in the vehicle inspection
2 at no additional cost to the owner or operator of the school bus being inspected.
3	(c)  The Legislature of Louisiana hereby declares that a student transportation
4 vehicle inspection is much more extensive than the inspection required of other
5 motor vehicles and that the increase in the fee or charge for the inspection of student
6 transportation vehicles is based on the difference in these types of inspections.
7	*          *          *
8 §1306.1.  Inspection and maintenance program fees; nonattainment area; local
9	election
10	A.  Upon adoption of a proposition approved by the voters of a nonattainment
11 area parish as provided for in this Section, seven dollars shall be charged for each
12 inspection that includes the performance of the inspection and maintenance (I/M)
13 program pursuant to the provisions of R.S. 30:2054(B)(8) for 1980 or newer model
14 year motor vehicles.  This charge shall be in addition to the charge or fee provided
15 for in R.S. 32:1306(C)(3)(a) R.S. 32:1306(C)(2)(a).
16	*          *          *
17 Section 3.  R.S. 32:707.5(D)(3) and 1303 are hereby repealed in their entirety.
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 344 Engrossed 2024 Regular Session	Bagley
Abstract: Eliminates the requirement for certain vehicles to have an inspection sticker.
Present law requires all motor vehicles have an inspection sticker.
Proposed law modifies present law by requiring only those vehicles required by proposed
law have an inspection sticker.
Present law allowed for written notice to be provided to an owner of a motor vehicle that is
unsafe or not equipped according to present law and for a five day opportunity to cure the
violation.
Proposed law repeals the notice provision in present law and authorizes certain law
enforcement agencies to issue citations for motor vehicles that are unsafe or not equipped
according to present law.
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HB NO. 344
Present law provides for operation of inspection stations allowing one or two year inspection
certificates at the option of the vehicle owner and for use of funds charged for inspections.
Proposed law eliminates present law provisions for inspection stations.
Proposed law requires only commercial vehicles and student transportation vehicles have
an inspection sticker.
Proposed law also requires those vehicles registered in parishes governed by the U.S. Clean
Air Act to obtain an emissions inspection as required under federal law.
Proposed law eliminates the requirement of assembled vehicles to have an inspection sticker.
Proposed law eliminates law enforcement's ability to require drivers to submit to a vehicle
inspection and test.
(Amends R.S. 32:1301, 1302, 1304(A)(1), (2), and (3) and (B), 1306(C), and 1306.1(A);
Repeals R.S. 32:707.5(D)(3) and 1303)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Remove inspection tag requirements applicable to the city of New Orleans.
2. Make technical changes.
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