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 Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-199 ENGROSSED HB NO. 344 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 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-199 ENGROSSED HB NO. 344 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 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-199 ENGROSSED HB NO. 344 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. Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-199 ENGROSSED HB NO. 344 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 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-199 ENGROSSED HB NO. 344 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. Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-199 ENGROSSED HB NO. 344 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. Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-199 ENGROSSED 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. Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions.