reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:291. Selection procedure; evaluation teams

RS 48:291 - Selection procedure; evaluation teams
A. Except for research projects, an evaluation team consisting of five department personnel shall evaluate the qualifications of the responding consultant firms. The consultant contract services administrator, or his authorized designee, shall serve as chairman of the evaluation team. The consultant contract services administrator, or his authorized designee, shall select evaluation team members from department personnel who possess experience and qualifications relevant to services to be performed for the project. In addition other persons as determined by the chairman may be called for informational purposes. At least three members of the selected team shall evaluate the qualifications of responding consultants. The consultant contract services administrator, or his designee, serves ex officio and does not evaluate the responding consultant firms. The consultant contract services administrator, or his designee, shall report the results of the evaluation team members to the secretary for all projects except Louisiana Transportation Research Center projects.
B. The Louisiana Transportation Research Center project selection procedure shall be in accordance with the Louisiana Transportation Research Center "Manual of Research Procedures" for Louisiana Transportation Research Center projects.
Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:292. Noncompetitive negotiation selections

RS 48:292 - Noncompetitive negotiation selections
A. In special and rare circumstances, noncompetitive selection may be utilized. These circumstances include, but are not limited to:
(1) Specialty contracts where the necessary expertise is available only from one or a few sources.
(2) The extension of services by the original consultant required on a project for which the contract has been satisfactorily completed and closed out at an earlier date.
(3) Contracts requiring immediate action.
B. The section head, after ascertaining the need for a noncompetitive selection, shall request approval from the secretary or his authorized designee through the chief engineer, assistant secretary for operations, assistant secretary for planning and programming, or assistant secretary of public works, hurricane flood protection, and intermodal transportation, whichever is applicable to the project, to engage a specific firm to perform the required services. The request shall be in written form containing the following information:
(1) The justification for a noncompetitive selection.
(2) The recommended firm and the reason for the recommendation.
(3) The type of contract recommended.
(4) The approximate cost.
C. For federal aid projects, the noncompetitive selection shall be submitted to the appropriate federal agency for approval at an early stage.
D. For research projects, the determination for noncompetitive selection shall be based upon a recommendation by the Louisiana Transportation Research Center to the secretary and documented as required in R.S. 48:292(B).
Acts 1991, No. 784, §1; Acts 1998, 1st Ex. Sess., No. 35, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:295.1. Definitions

RS 48:295.1 - Definitions
When used in this Part, the following words and phrases have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:
(1) "Contractor" means consultants selected pursuant to R.S. 48:285 et seq. Contractor shall also include bidders or contractors on projects let pursuant to R.S. 48:251 et seq. and participation as joint venturer or subcontractor on department projects.
(2) "Debarment" means the disqualification of a contractor to receive invitations for bids or requests for proposals or the award of any contract by the department and shall be applicable to selection of consultants by the department and participation as a joint venture, subcontractor, or consultant or subconsultant on department projects.
(3) "Debarment committee" means the committee consisting of the following persons acting upon a unanimous vote: the chief engineer of the department or his designee; the deputy secretary of the department or his designee; and the general counsel of the department or his designee.
Acts 1993, No. 879, §1, eff. June 23, 1993.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:295.3. Appeal to the secretary

RS 48:295.3 - Appeal to the secretary
A. The secretary or his designee shall have the authority to review and determine any appeal by an aggrieved person from a determination by the debarment committee which is authorized by R.S. 48:295.2.
B. This Section applies to a review by the secretary of a decision under R.S. 48:295.2.
C. The aggrieved person shall file his appeal with the secretary within fourteen days of the receipt of a decision under R.S. 48:295.2(E).
D. The secretary or his designee shall decide within fourteen days whether, or the extent to which, the debarment or suspension was in accordance with the constitution, statutes, ordinances, regulations, and the best interest of the department and was fair. Any prior determination by the debarment committee shall not be final or conclusive.
E. A copy of the decision under Subsection D of this Section shall be served by certified or registered mail or otherwise furnished immediately to the debarred or suspended person or any other intervening party.
F. A decision under Subsection D of this Section shall be final and conclusive unless either of the following occurs:
(1) The decision is fraudulent.
(2) The debarred or suspended person has timely appealed an adverse decision of the secretary or his designee to the Nineteenth Judicial District Court in accordance with R.S. 48:295.4.
Acts 1993, No. 879, §1, eff. June 23, 1993.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:295.4. Actions by or against the department in connection with contracts

RS 48:295.4 - Actions by or against the department in connection with contracts
A. Any judicial action under this Part shall be governed by R.S. 49:978.1.
B. Any appeal for judicial review of the secretary's decision shall be commenced in the Nineteenth Judicial District Court within sixty days after receipt of the decision of the secretary under R.S. 48:295.3(E).
Acts 1993, No. 879, §1, eff. June 23, 1993.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:301. Authority to establish and regulate controlled-access facilities

RS 48:301 - Authority to establish and regulate controlled-access facilities
The highway authorities of the state, parishes and municipalities of Louisiana, acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain and provide controlled-access facilities for public use whenever they determine that traffic conditions, present or future, justify such special facilities. However, within municipalities, the exercise of this power is subject to such municipal consent as is necessary by law.
In addition to the specific powers granted in this Part, they also have, relative to controlled-access facilities, all additional authority now or hereafter vested in them relative to highways or streets within their respective jurisdictions. They may regulate, restrict, or prohibit the use of controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with R.S. 48:1(12).
Added by Acts 1955, No. 129, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:302. Design of controlled-access facility; right of access

RS 48:302 - Design of controlled-access facility; right of access
The highway authorities may design any controlled-access facility and regulate, restrict, or prohibit access so as to best serve the traffic for which it is intended. The authority's determination of that design is final.
They may divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person has any right of access to, from or across controlled-access facilities to or from abutting lands, except at the designated points at which access is permitted upon the terms and conditions specified from time to time.
Added by Acts 1955, No. 129, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:303. Acquisition of property and property rights

RS 48:303 - Acquisition of property and property rights
For the purposes of this Part, the highway authorities may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by donation, purchase, exchange, lease, or expropriation in the same manner as they are now or hereafter may be authorized by law to acquire property or property rights in connection with highways and streets within their respective jurisdictions. They may acquire any use of the property or the full ownership of it.
In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the highway authorities may, in their discretion, acquire an entire lot, block, or tract of land when they determine it will best serve the interests of the public, even though said entire lot, block or tract is not immediately needed for the right of way proper.
Added by Acts 1955, No. 129, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:304. New and existing facilities; grade-crossing eliminations

RS 48:304 - New and existing facilities; grade-crossing eliminations
The highway authorities may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within or being a controlled-access facility.
They may provide for the elimination of intersections at grade of controlled-access facilities with existing state and parish roads or municipal streets by grade separation or service roads or by closing off roads and streets at the right of way boundary line of the controlled-access facility. After the establishment of any controlled-access facility, no highway or street which is not part thereof shall intersect it at grade. No municipal, parish or state highway, or street, or other public way shall be opened into or connected with any controlled-access facility without the consent and previous approval of the highway authority having jurisdiction over the facility. Such consent and approval shall be given only if the public interest is served thereby.
Provided however that notice of intent to establish such controlled-access facility within a municipality or within five miles thereof shall be delivered to the executive offices of such municipality together with plats outlining in reasonable detail the proposal not less than thirty days prior to the undertaking of such construction.
Provided further that in the event of objection to such proposal by the governing authorities of such municipality the same shall not be undertaken except after a public hearing by the board of highways.
After such public hearing a decision by the board of highways relative thereto shall be final.
Added by Acts 1955, No. 129, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:305. Agreements with each other or with federal government

RS 48:305 - Agreements with each other or with federal government
The highway authorities may enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled-access facilities or other public ways in their respective jurisdictions, to facilitate the purposes of this Part.
Added by Acts 1955, No. 129, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:306. Local service roads

RS 48:306 - Local service roads
In connection with the development of any controlled-access facility, the highway authorities may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or designate as local service roads and streets any existing road or street and exercise jurisdiction over service roads in the same manner as is authorized over controlled-access facilities under the terms of this Part when they determine the local service roads and streets are necessary or desirable. The local service roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper highway authority.
Added by Acts 1955, No. 129, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:307. Controlled-access areas; commercial activities

RS 48:307 - Controlled-access areas; commercial activities
A. Except to the extent authorized by law for expressway projects of the Louisiana expressway authority or any other toll road or turnpike project, and except as provided by this Section, no automotive service station or other commercial establishment for serving motor vehicle users shall be constructed or located within the right of way of, or on publicly-owned or publicly-leased land acquired or used for or in connection with a controlled-access facility.
B.(1) The secretary may permit the placement of vending machines and concession structures within or on any controlled-access facility or rest area. Such machines or concession structures shall be operated in accordance with applicable state and federal law.
(2) The secretary is hereby authorized to either purchase, install, and operate vending machines or to utilize private contractors, subject to the review and consent of the Louisiana Workforce Commission as the Randolph-Sheppard licensing agency. If private contractors are utilized, the contractors shall be selected in accordance with public bid law.
(3) The secretary is further authorized to enter into a cooperative agreement with the Louisiana Workforce Commission concerning the division of gross sales or net proceeds derived from the operation of these vending machines and concession structures at interstate rest areas. The construction, general maintenance, upkeep, and improvement of the vending machines and concession structures shall be the responsibility of the private contractor or designated operator.
(4) It is the specific intention of this Subsection that the grant of discretion given to the secretary is for the purpose of allowing the state to fully avail itself of the authorization granted by applicable federal law. These provisions shall be liberally construed to attain these purposes.
Added by Acts 1960, No. 514, §1. Acts 1986, No. 568, §1; Acts 1989, No. 304, §1, eff. June 27, 1989; Acts 2010, No. 939, §10, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:341. Channeling traffic by lines

RS 48:341 - Channeling traffic by lines
In the interest of the safety and convenience of motor vehicle operation, appropriate geometric designs and traffic regulatory devices shall be employed to provide separate channels for the movement of vehicles traveling in different directions and to regulate the maneuvering of vehicles within and between these traffic streams.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:342. Parking or loading on highway

RS 48:342 - Parking or loading on highway
The chief engineer may regulate, and, when the safety or convenience of the traveling public requires it, prohibit the parking or loading and unloading of any type of vehicle on any highway within the state highway system. Parking on the traveled surfaces and storing of articles or commodities of any kind within the right-of-way area is prohibited.
Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:343. Moving property across highways

RS 48:343 - Moving property across highways
The chief engineer of the Department of Transportation and Development may regulate, as to method, the moving of tangible movable property across the highways.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:344. Entrances and exits adjacent to highways

RS 48:344 - Entrances and exits adjacent to highways
Entrances to and exits from private properties adjacent to the rights-of-way of state highways may be regulated, prohibited, or abolished in the interest of the safety of the traveling public. The chief engineer of the Department of Transportation and Development, from time to time, shall prepare and promulgate descriptions and illustrations of various types and styles of entrances and exits consistent with this purpose and shall issue permits of necessity and convenience for the installation of entrances and exits in accordance with its promulgated regulations and standards. The department may apply to the courts for such process as may be necessary to make the provisions of this Section effective.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:345. Designation of a high-occupancy vehicle (HOV) lane on highways in the state highway system; penalty

RS 48:345 - Designation of a high-occupancy vehicle (HOV) lane on highways in the state highway system; penalty
A. The secretary or his designee may designate high-occupancy vehicle (HOV) lanes on any highway in the state highway system where adequate shoulders exist and may restrict the use thereof to vehicular traffic classified as a "high-occupancy vehicle (HOV)" to the extent that the secretary or his designee thinks it expedient. Nothing in this Section authorizes the secretary or his designee to designate an existing roadway or travel lane as a high-occupancy vehicle (HOV) lane.
B. Terms as defined in R.S. 32:1 and R.S. 47:820.5.9 shall retain their definitions, unless the term or terms are specifically defined in this Subsection. Unless the context dictates otherwise, when used in this Section, the following terms shall have the following meanings:
(1)(a) "High-occupancy vehicle (HOV)" is defined as follows:
(i) A bus or school bus.
(ii) A passenger car, pickup truck, van, recreational vehicle, or other motorized passenger vehicle, provided that the vehicle has a driver and at least one passenger or more, if so provided by rule for the HOV lane being utilized, and is a qualified HOV as defined in R.S. 47:820.5.9(B).
(b) A truck or tandem truck, tractor, truck-tractor, combination of vehicles, or commercial motor vehicle carrying or transporting freight, merchandise, or other property shall not be a high-occupancy vehicle.
(2) "High-occupancy vehicle (HOV) lane" means one or more lanes of a highway or an entire highway designated by traffic control devices where high-occupancy vehicles are given at all times, or at regularly scheduled times, a priority or preference over some or all other vehicles moving in the general stream of all highway traffic. This shall include shoulders that have been designated for use as HOV lanes during designated hours.
C. Any high-occupancy vehicle (HOV) lane designated pursuant to Subsection A of this Section may be used by a motorcycle or an authorized emergency vehicle, as defined in R.S. 32:1, or by any other vehicle operated by the department or its agents when designated by the secretary of the department through the promulgation of rules and regulations, without regard to the number of riders or passengers, provided that the vehicle fulfills any applicable registration requirements of R.S. 47:820.5.9(D).
D. The department shall have the authority to promulgate rules and regulations related to enforcement, authorized use, and penalties of the high-occupancy vehicle lanes. Notwithstanding any other law to the contrary, the rules and regulations shall be in accordance with the selected implementation method of the high-occupancy vehicle lanes.
Acts 2019, No. 81, §1; Acts 2023, No. 321, §2, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:346. Closing or restricting use of highways

RS 48:346 - Closing or restricting use of highways
The assistant secretary of the office of operations or the chief engineer may close any section of highway to all or any class or part of traffic or restrict the use thereof to the extent he thinks expedient for any length of time that, in his judgment, is appropriate for any of the following reasons:
(1) To permit construction or maintenance operations to proceed without interruption.
(2) To protect the property of the state or the persons and property of the traveling public.
(3) In his opinion, there is an emergency requiring the closing or restriction.
(4) In his opinion, the closing or restriction is in the best interest of the state or the state highway system.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §8, eff. July 11, 1979; Acts 1984, No. 625, §1; Acts 2003, No. 701, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:346.1. Temporary road signs; sugarcane harvest season

RS 48:346.1 - Temporary road signs; sugarcane harvest season
During the sugarcane harvest season, the Department of Transportation and Development may install in those parishes where sugarcane is harvested, temporary road signs which warn motorists of particular road hazards existing throughout the harvest season.
Added by Acts 1974, No. 137, §1. Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:347. Removal of obstacles or hazards from highway or vicinity; campaign signs

RS 48:347 - Removal of obstacles or hazards from highway or vicinity; campaign signs
A. The department may apply to the court for any process necessary to prevent the installation of any structure, sign, obstacle, object, deposit, or thing within the limits of a highway contrary to this Chapter or any lawful regulation issued hereunder.
B. Whenever any advertising sign located within fifty feet of the outer edge of the right of way constitutes a dangerous hazard to the traveling public, the department may, after due notice to the owner thereof to remove it, apply to the district court of the parish in which the sign is located for the process necessary to effect the removal of the sign.
C. Whenever any of the things described in Subsection A of this Section are found to exist within the limits of a highway, the department may summarily remove and dispose of it at the expense of the person responsible therefor. If it retains apparent value, the owner shall be notified, orally or in writing, to remove it within five days or such other period as may be agreed upon. If the owner be unknown or cannot be found, a written notice shall be affixed to the object setting forth that it must be removed within a period not less than five days from the date specified. Failure to remove within the specified period operates as a forfeiture of all rights thereto and the department may remove the object for its own use, or dispose of it at private or public sale, or destroy it, or dispose of it in any manner. The owner and any other person responsible therefor remains liable for any damage to public property or expenditure of highways funds resulting from the installation or removal of such things.
D. Notwithstanding any other provision of law to the contrary, political campaign signs shall not be erected, displayed, or posted within any highway right-of-way or litter-free zone, subject to the provisions and penalties of R.S. 30:2531 and R.S. 30:2544, and the collection and distribution of fines as provided in R.S. 30:2532.
Amended by Acts 1954, No. 126, §1; Acts 1984, No. 225, §1; Acts 1989, No. 768, §4; Acts 1998, 1st Ex. Sess., No. 148, §6.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:348. Informational maps and literature

RS 48:348 - Informational maps and literature
The secretary may, from time to time, issue maps of the state highway system, or brochures or pamphlets for the information and education of the traveling public in matters of traffic and safety. All such literature shall be issued in the name of the department and shall not bear the name of any individual employed by the state or seeking an elective office of the state. Reproduction of maps, brochures or pamphlets by any individual, firm or agency without the written approval of the secretary is prohibited.
Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:361. §§361 to 373 Repealed by Acts 1986, 1st Ex. Sess., No. 32, §8.

RS 48:361 - §§361 to 373 Repealed by Acts 1986, 1st Ex. Sess., No. 32, §8.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:381.1. Rights-of-way; joint use agreements; fees

RS 48:381.1 - Rights-of-way; joint use agreements; fees
A. The chief engineer, or his duly authorized representative, may enter into joint use agreements affecting those highway rights-of-way which consist of elevated sections and other highway rights-of-way which may be deemed suitable and available by the chief engineer. The provisions of this Section shall in no way be interpreted to apply to any entity governed by the Public Service Commission.
B. The secretary shall promulgate rules and regulations in accordance with law to effectuate the provisions of this Section, to implement a fee schedule, and to provide for the disposition of fees.
C. The maximum fee shall not exceed the fair market value of the property nor shall it exceed the reasonable cost of defraying the expenses of the right-of-way permit office with regard to the purposes of this Section.
D. The chief engineer may waive fees for governmental entities, political subdivisions, colleges and universities, provided that said entities derive no income directly from the use of highway rights-of-way, and provided that said entities meet any and all state and federal requirements for a fee waiver.
E. All fees collected pursuant to the provisions of this Section shall be deposited by the secretary of the Department of Transportation and Development into the state treasury for credit to the Right-of-Way Permit Processing Dedicated Fund Account, hereafter referred to in this Part as the "Right-of Way Account". After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the monies so deposited shall be credited to the Right-of-Way Account for the use of the Department of Transportation and Development to defray the expenses of the right-of-way permit office. Excess fees, over and above the expenses of the right-of-way permit office, shall be distributed to federally approved highway projects. All monies existing in the Right-of-Way Account at the end of each fiscal year shall be retained in the account and shall not be deposited in the general fund. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
F. All rules promulgated pursuant to this Section shall be subject to approval by the Federal Highway Administration.
G. Expenses for relocation or adjustments to utility facilities required for use on state right-of-way shall be the responsibility of the grantee.
Acts 1995, No. 504, §1; Acts 2021, No. 114, §14, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:381.4. Rights-of-way; wireless telecommunications tower managers

RS 48:381.4 - Rights-of-way; wireless telecommunications tower managers
The chief engineer or his duly authorized representative may enter into agreements with a wireless telecommunications tower manager to manage such towers for specified periods as follows:
(1) One or more telecommunications towers owned and operated solely by the department may be managed for a period less than that set forth in Article 3473 of the Civil Code.
(2) Telecommunication towers in either of the following categories may be managed for a period less than that set forth in Article 3486 of the Civil Code:
(a) One or more telecommunication towers owned or operated by the department which have been strengthened by the wireless telecommunications tower manager.
(b) One or more telecommunication towers erected by the wireless telecommunications tower manager on public or highway rights-of-way.
Acts 1999, No. 1382, §1, eff. July 13, 1999.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:382. Intersection of highways by utilities and facilities

RS 48:382 - Intersection of highways by utilities and facilities
A. When an existing highway is intersected or proposed to be intersected by a facility or utility used or to be used for the transportation of persons or commodities, as a railway or canal, or when an existing highway is intersected by an artificial waterway for drainage, irrigation, or other purposes, the owner of the facility or utility shall provide a means of crossing the highway which in the opinion of the chief engineer or his duly authorized representative is appropriate and adequate and shall provide for the subsequent maintenance and replacement of the crossing in accordance with current maintenance standards.
B. When a highway is constructed across such an existing facility or utility, the agency constructing or causing the construction of the highway shall provide for the construction of an adequate and appropriate crossing and for the subsequent maintenance and replacement of the crossing in accordance with current maintenance standards.
C. Failure to correct deficiencies in the maintenance of a crossing as described in Subsection A and Subsection B of this Section within thirty days notice by receipt of registered mail from the Department of Transportation and Development of such deficiencies, shall constitute a misdemeanor, upon conviction of which the owner of the facility shall be fined not less than one hundred dollars nor more than one thousand dollars.
Amended by Acts 1974, No. 532, §1; Acts 1977, No. 291, §1; Acts 1979, No. 541, §1; Acts 1992, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:383. Removable bridges over certain canals

RS 48:383 - Removable bridges over certain canals
Where a highway is built across a drainage or irrigation canal which was dug by a floating dredge or which may be subject to cleaning or recleaning by a floating dredge, a bridge shall be built at the crossing of a design approved by the chief engineer which shall permit a quick, easy, and efficient removal and replacing to facilitate the cleaning of the canal.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:384. Source of money for bridges

RS 48:384 - Source of money for bridges
A. When the state builds a highway across a canal, the bridge shall be paid for out of the Transportation Trust Fund, except in cases where the owner or owners of the canal are obligated to the erection and maintenance of a bridge over it.
B. When the canal is built across the highway, the bridge shall be paid for and maintained by the person or political subdivision for whose account the canal is built.
Acts 1999, No. 897, §2, eff. July 2, 1999.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:385. Sewage disposal in highway ditches

RS 48:385 - Sewage disposal in highway ditches
No industrial wastes, sewage, septic tanks effluent, nor any noxious or harmful matter, solid, liquid, or gaseous, shall be discharged into the side or cross ditches or placed upon the rights-of-way of state highways, without the prior written consent of the chief engineer, or his duly authorized representative, and of the secretary of the Louisiana Department of Health.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:386. Repairs to railway grade crossings and crossing warning devices; responsibility on railroads

RS 48:386 - Repairs to railway grade crossings and crossing warning devices; responsibility on railroads
A. Whenever a highway crosses a railroad track at grade, and the grade crossing needs repair and should, in the judgment of the chief engineer or his duly authorized representative, be repaired, and if, after fifteen days' notice in writing, the railroad company whose tracks are crossed thereby fails to repair it, the department may make the repairs and maintain the crossing and charge the expenses thereof to the railroad company.
B. Whenever a warning device located at a railroad crossing needs repair or is not being maintained in compliance with federal guidelines and should, in the judgment of the chief engineer or his duly authorized representative, be repaired or receive maintenance, written notice of the necessity of such repair or maintenance shall be given to the railroad company owning the track at which the device is located. If the railroad does not proceed with the repair or maintenance within thirty days after receipt of the notice, the department may initiate the performance of the repair or maintenance of the warning device and charge the expenses thereof to the railroad company.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1; Acts 1998, 1st Ex. Sess., No. 79, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:387. Contributions by the Department of Highways to the maintenance of flashing light signals at railroad crossings; conditions

RS 48:387 - Contributions by the Department of Highways to the maintenance of flashing light signals at railroad crossings; conditions
The Department of Transportation and Development may, to the extent that the legislature appropriates funds therefor, make payments to railroads, whose railroad grade crossings across state highways are or shall hereafter be marked by the installation of flashing light signals, for not more than one-half the cost of maintenance of such flashing light signals during the fiscal year for which the funds are appropriated.
Added by Acts 1966, No. 511, §1. Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:388. State rail freight service assistance

RS 48:388 - State rail freight service assistance
A. The Department of Transportation and Development is hereby authorized to exercise those powers necessary for the state to qualify for federal rail freight service assistance pursuant to the provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 or any other applicable federal act. The department shall:
(1) Administer and coordinate or modify the state rail plan as required by Federal Public Law 94-210, as amended.
(2) Provide satisfactory assurances on behalf of the state that such fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state.
B. The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the preservation of operations and maintenance of any railroad within the state as provided for in relevant federal legislation. The department may act as the agent in cooperation with any railroad of any local or regional transportation authority, local government units, or any person, and the federal government in any rail freight service assistance program.
C. The department may cooperate with other states in connection with the preservation of any rail freight services within the state. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements with other states.
D. The department may contract with any person firm, corporation, agency or government to provide, maintain or improve rail freight service within this state.
E. The department is authorized to promulgate rules and regulations consistent with and for the purpose of adequately implementing this act.
F. State funds may be used for financial assistance to any private or public person or corporation, provided the department submits a report to the House and Senate committees on transportation, highways, and public works prior to application for federal funds.
Added by Acts 1979, No. 337, §1, eff. July 10, 1979; Acts 2016, No. 658, §1, eff. June 17, 2016.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:389. Railroad traffic; certain speed restrictions

RS 48:389 - Railroad traffic; certain speed restrictions
A. In accordance with the Federal Railroad Safety Act (FRSA), 45 USC §421 et seq., specifically Section 434 thereof, the Department of Transportation and Development is authorized to establish speed restrictions for railroad traffic on a segment of railroad track within the corporate limits of a municipality when such speed restriction is necessary to eliminate or reduce an essentially local safety hazard.
B. To enable the department to exercise the authority conferred upon it by Subsection A, the governing body of the municipality seeking to restrict the speed of railroad traffic shall submit to the department a request, in writing, setting forth the unique characteristics of the essentially local safety hazard that is sought to be eliminated or reduced by the imposition of a local speed restriction.
C. Upon receipt of a request from a municipal governing authority, the department shall notify the railroad company affected of the request and furnish it with a copy of the request. The department shall conduct an evidentiary fact-finding hearing prior to proposing any rule under the authority of this Section. Within thirty days after the public hearing, the department shall publish its report and identify the unique characteristics of the local safety hazard sought to be eliminated or reduced by a speed restriction on railroad traffic, together with its findings that such speed restriction:
(1) Is being imposed at a location which contains a unique and distinctive essentially local situation which is not statewide in character.
(2) Will eliminate or reduce an essentially local safety hazard.
(3) Is not incompatible with any federal law, rule, regulation, order, or standard.
(4) Will not create an undue burden on interstate commerce.
(5) Will not create a safety hazard which is different from the essentially local safety hazard which the speed restriction is designed to reduce or eliminate.
D. If after the public hearing the department determines there is a need for such requested speed restriction, it shall proceed to adopt a rule imposing same. Any speed restriction imposed upon railroad traffic by rule of the department shall set forth the duration of the restriction, which duration shall not exceed the time required to eliminate or reduce the unique local safety hazard.
E. If after the public hearing the department determines there is no need for such requested speed restriction, it shall so advise the affected parties of its determination.
F. Any party being aggrieved by the findings, the determination, or the adoption of any rule by the department shall have the right to contest such findings, determination, or rule in any court of competent jurisdiction.
G. The department shall comply with the provisions of the Administrative Procedure Act in implementing the provisions of this Section.
Acts 1991, No. 573, §1.
{{NOTE: SEE ACT 573 OF 1991, §§2, 3, AND 4, FOR LEGISLATIVE INTENT AND APPLICABILITY TO EXISTING ORDINANCES AND PENDING LITIGATION.}}
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:389.1. Parish public roadways; designation as public crossings

RS 48:389.1 - Parish public roadways; designation as public crossings
Each parish governing authority is authorized to designate parish public roadways, as defined in R.S. 48:753(F), intersecting a railroad right of way as public crossings. Upon a formal designation as a public crossing, the parish public roadways and public crossings may be eligible for the same safety and crossings improvements as are other public crossings.
Acts 1993, No. 479, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:392. Obstruction of railroad grade crossings; moving or nonmoving trains

RS 48:392 - Obstruction of railroad grade crossings; moving or nonmoving trains
A.(1) It shall be unlawful for any moving or non-moving train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive minutes.
(2) No employee performing his duties under the operating rules or orders of the railroad company or carrier or its supervisory personnel shall be prosecuted for any violation of this Section.
(3) Any rail carrier violating the provisions of Paragraph (1) of this Subsection shall be fined as provided for in R.S. 48:391(A)(3).
B.(1) Any railroad or public agency may, by formal application to the department, request a variance from the requirements of this Section or have different regulations provided in connection with operation over a specific crossing where local conditions so require. The application shall list any public agencies within the geographic area or any railroads which may be affected by the variance and shall detail any previous steps which may have been taken in an attempt to reach an agreement on or alternative to the proposed variance.
(2) The department shall promulgate rules and regulations for the implementation and administration of the application process provided in this Subsection.
Acts 1998, 1st Ex. Sess., No. 120, §2.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:394. Private crossing elimination

RS 48:394 - Private crossing elimination
A.(1) Any railroad company operating in this state which desires to close or remove a private crossing shall, no less than one hundred eighty days prior to the proposed closing or removal, provide a written request by registered or certified mail to the Louisiana Public Service Commission and to the owner or owners of record of the private crossing traversed by the rail line. The written request shall state the manner in which such private railroad crossing unreasonably burdens or substantially interferes with rail transportation.
(2) The Louisiana Public Service Commission shall publish the written request from the railroad company in the commission's official bulletin for no less than twenty-five days.
B. No private crossing shall be closed or removed by any railroad company until after a public hearing by the Louisiana Public Service Commission at which parties in interest have had an opportunity to be heard. Notice of the time and place of the hearing shall be published in the official journal of the parish and the commission's official bulletin and at least fifteen days shall elapse between the publication and the date of the hearing. In addition to notice by publication, and at least ten days prior to the hearing, a good faith attempt to notify the owner or owners of record of the property where the private crossing is located shall be made by the commission by sending an official notice by registered or certified mail of the time and place of the hearing to the address or addresses indicated in the mortgage and conveyance records of the parish. The public hearing shall be held not less than sixty days after receipt of request of the railroad company as provided in Subsection A of this Section.
C. If, after such public hearing, the commission determines that the private railroad crossing unreasonably burdens or substantially interferes with rail transportation, the commission shall publish in the official journal of the parish where such crossing is located and in the commission's official bulletin a notice stating the manner in which such closure or removal shall be made and the date of such.
D. The provisions of this Section shall not apply when a private landowner or landowners and a railroad company enter into a consensual or negotiated written agreement or agreements to close a private railroad crossing.
Acts 2008, No. 530, §1; Acts 2010, No. 858, §1, eff. June 30, 2010.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:421. Personal interest of department officers or employees in contracts; penalties

RS 48:421 - Personal interest of department officers or employees in contracts; penalties
The secretary, undersecretary, assistant secretaries or any of the employees of the Department of Transportation and Development and corporations or firms in which the secretary, undersecretary, assistant secretaries or any employee of the department are in any way financially interested, are prohibited from bidding on, entering into, or being in any way interested in a contract for the building or improvement of any facility of the Department of Transportation and Development.
Whoever violates this Section shall be fined not more than one thousand dollars or imprisoned for not more than twelve months, or both, and shall be removed from his position by the governor or by the secretary.
Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:422. Personal interest of members of legislature or officers of executive department in contracts; penalties

RS 48:422 - Personal interest of members of legislature or officers of executive department in contracts; penalties
Except as otherwise provided in this Section, no member of the legislature or officer of the executive department of the state shall be in any way interested in any contract for the building or improving of any public work coming under the supervision of the Department of Transportation and Development or in any contract for the furnishing of any material or supplies of any kind to be used in connection therewith, nor shall any such member or officer receive any gratuity, commission, or payment of any sort as compensation for the procurement of any such contract.
Nothing contained in this Section prohibits members of the legislature or officers of the executive department of the state who are licensed contractors under the laws of this state from bidding on any contract for the building or improving of any public work coming under the supervision of the Department of Transportation and Development nor from being awarded such contracts on a competitive basis as provided by law.
Whoever violates the provisions of this Section shall be fined not more than one thousand dollars or imprisoned for not more than twelve months, or both, and shall be removed from his position by the governor if he is an officer of the executive department.
Amended by Acts 1977, No. 291, §1.