reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1504. Powers of the secretary

RS 32:1504 - Powers of the secretary
A. The secretary of the department may adopt and promulgate any rules and regulations necessary to carry out the provisions of this Chapter. The secretary shall adopt and promulgate all such rules and regulations in accordance with the Administrative Procedure Act, Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950. Oversight review shall be conducted by the Joint Legislative Committee on Transportation, Highways, and Public Works. All rules and regulations adopted by the secretary shall be compatible with this Chapter and the regulations of the United States Department of Transportation contained in Title 49 and Title 46 of the Code of Federal Regulations relative to the transportation of hazardous materials, freight, or passengers.
B. The secretary may conduct investigations; make reports; issue subpoenas; conduct hearings; require the production of relevant documents, records, and property; take depositions; and conduct, directly or indirectly, research, development, demonstration, or training activities.
C. The secretary shall provide for the periodic inspection of rail cars transporting hazardous material prior to the departure of those rail cars from a railroad switching yard located outside of the property boundaries of chemical manufacturing or processing plants.
Added by Acts 1979, No. 83, §1. Amended by Acts 1980, No. 603, §1, eff. July 23, 1980; Acts 1987, No. 845, §1; Acts 1997, No. 529, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1505. Authority of officers, employees, and agents

RS 32:1505 - Authority of officers, employees, and agents
A. The secretary may authorize any officer, employee, or agent of the department to:
(1) Enter, inspect, and examine at reasonable times and in a reasonable manner the property or records of any person or carrier, to the extent those records or properties relate to this Chapter and the transportation of hazardous materials, freight, or passengers; and
(2) Stop and inspect any transport vehicle or part thereof for any violation of this Chapter or any regulation issued pursuant thereto.
B. Upon request of the owner or operator, the officer, employee, or agent shall display proper credentials issued under this Chapter.
Added by Acts 1979, No. 83, §1. Acts 1985, No. 113, §1, eff. June 29, 1985; Acts 1987, No. 845, §1; Acts 1990, No. 935, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1506. Alternate means of compliance

RS 32:1506 - Alternate means of compliance
A. Upon a finding by the secretary that an alternate means of compliance with this Chapter or any regulation issued pursuant thereto provides protection to the public equal to or greater than that which would be derived from compliance with the Chapter or regulation, the secretary may authorize in writing the use of that alternate method.
B. The carrier shall carry a copy of the authorization in or on each transport vehicle to which it applies.
C. The secretary shall not issue an authorization for any interstate transportation or for any transportation for which a special permit has been issued by the United States Department of Transportation.
Added by Acts 1979, No. 83, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1507. Special permits and exemptions

RS 32:1507 - Special permits and exemptions
A. The secretary shall exempt any carrier from compliance with this Chapter or any regulation issued pursuant thereto if that exemption is identical to an exemption or special permit issued by the United States Department of Transportation. However, the secretary shall enforce the exemption or special permit if it pertains to transportation subject to this Chapter.
B. The number of each exemption granted shall be conspicuously marked on the vehicle to which it applied.
Added by Acts 1979, No. 83, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1508. Declaration and marking of unsafe vehicles and containers

RS 32:1508 - Declaration and marking of unsafe vehicles and containers
A. An officer, employee, or agent of the department may declare and mark any transport vehicle or container as out-of-service if its condition, filling, equipment, or protective devices would be hazardous to life or property during the transportation of hazardous material, freight or passengers.
B. No person shall operate, authorize, or require the operation of any vehicle or container that has been marked out-of-service until all required corrections have been made.
C. No person shall remove an out-of-service marking from a transport vehicle or container unless all required corrections have been made and the vehicle or container has been inspected and approved by an officer, employee, or agent of the department.
Added by Acts 1979, No. 83, §1. Acts 1985, No. 113, §1, eff. June 29, 1985.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1509. Shipping documents

RS 32:1509 - Shipping documents
A.(1) No carrier shall transport any hazardous material unless shipping documents describing the lading are provided to the operator of the vehicle prior to departure and shall be carried in the vehicle or combination of vehicles.
(2) The description of lading shall include at least the shipping name, classification, and weight or volume of the material.
(3) The carrier shall make each shipping document available for inspection whenever requested by an officer, employee, or agent of the department.
B. If the tractor of a tractor-trailer combination is detached from the trailer, a copy of the shipping documents must be placed in a holder by the left front of the trailer.
Added by Acts 1979, No. 83, §1. Acts 1984, No. 413, §1; Acts 1985, No. 113, §1, eff. June 29, 1985.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1511. Illegal discharge of hazardous materials

RS 32:1511 - Illegal discharge of hazardous materials
No person shall intentionally discharge or cause to be discharged the contents of any transport vehicle containing hazardous material between the points of origin and the points of billed destination, except as authorized by representatives of the Department of Public Safety and Corrections or the Department of Energy and Natural Resources.
Added by Acts 1981, No. 180, §1, eff. July 10, 1981; Acts 2023, No. 150, §7, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1512. Civil penalties; assessment

RS 32:1512 - Civil penalties; assessment
A. Any person who is determined by the secretary, after reasonable notice and opportunity for a fair and impartial hearing held in accordance with the Administrative Procedure Act, to have committed an act that is a violation of this Chapter or any regulation issued thereunder, is subject to a civil penalty of not more than twenty-five thousand dollars. If the violation is a continuing one, each day of violation shall constitute a separate offense.
B. In determining the amount of the penalty, the secretary shall take into account the nature, circumstances, extent, and gravity of the violation; the degree of culpability of the person charged; the person's history of previous offenses and ability to pay; the effect of the penalty on the person's ability to continue to operate; and any other matters that justice requires.
C. The secretary shall assess the amount of any civil penalty by a written notice to the violator.
D. Before referral under Section 1513, the secretary may compromise any civil penalty.
E. The secretary shall not subject a person to a civil penalty for a careless handling violation as defined in R.S. 32:1520(A) when that person or his representative reports an incident involving hazardous material that does not meet the reporting criteria as set forth in R.S. 32:1510.
Added by Acts 1979, No. 83, §1. Amended by Acts 1980, No. 603, §1, eff. July 23, 1980; Acts 1982, No. 539, §1; Acts 2016, No. 632, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1513. Civil penalties; recovery

RS 32:1513 - Civil penalties; recovery
A. Repealed by Acts 2006, No. 841, §2, eff. Jan. 1, 2007.
B. The amount of any civil penalty compromised or collected by court action may be deducted from any amount owed to the state by the person charged.
C. All civil penalties collected pursuant to this Chapter shall be paid into the state treasury and, in accordance with Article VII, Section 9 of the Constitution of Louisiana, shall be credited to the Bond Security and Redemption Fund.
Added by Acts 1979, No. 83, §1. Acts 1984, No. 416, §1; Acts 1985, No. 113, §1, eff. June 29, 1985; Acts 1992, No. 984, §10; Acts 1999, No. 620, §1; Acts 2006, No. 841, §2, eff. Jan. 1, 2007.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1513.1. Immunity from civil liability; limitations

RS 32:1513.1 - Immunity from civil liability; limitations
A. A person qualified by training, education, or experience shall be immune from civil liability for the rendering of care, assistance, or advice in the area of these qualifications if responding to an emergency dealing with the prevention or management of an incident resulting from the storage or transportation of hazardous materials at the request of the local civil defense director or his designee, the chief local law enforcement officer in the jurisdiction where the incident occurs or his designee, the state police, or the hazardous waste division's emergency response section within the Department of Energy and Natural Resources.
B. The immunity provided for in Subsections A or D or both of this Section shall not apply to any person who is under a legal duty to respond to the emergency incident, or anyone who receives compensation for responding to the emergency incident other than reimbursement for actual out-of-pocket expenses while rendering assistance or advice.
C. Nothing herein shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or from his reckless, wanton, or intentional misconduct.
D. The immunity provided for in Subsection A of this Section shall also apply to the employer of such person when no compensation except reimbursement of out-of-pocket expenses is received, but nothing herein shall provide immunity from workers' compensation liability.
E. The immunity provided for in Subsections A or D or both of this Section shall apply only to a situation that occurs outside the physical boundaries of a manufacturing establishment whose primary business is the utilization, handling, and processing of hazardous materials.
F. The immunity provided for in Subsections A or D or both of this Section shall not apply so as to afford any immunity to any common carrier relative to its handling or transporting of hazardous materials or hazardous waste.
G. Any act or omission of any person granted immunity under Subsections A or D or both of this Section shall not be available as a defense to liability by any other person responsible for causing damages in connection with the emergency incident.
Added by Acts 1983, No. 504, §1; Acts 2023, No. 150, §7, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1514. Criminal penalties

RS 32:1514 - Criminal penalties
A. Any person who violates any provision of this Chapter, or any regulation issued thereunder, shall, upon conviction, be guilty of a misdemeanor and be fined not more than one thousand dollars per day of violation or imprisoned for not more than one year, or both.
B. Any person who willfully violates any provision of this Chapter shall, upon conviction, be guilty of a felony and be fined not less than five thousand dollars nor more than ten thousand dollars per day of violation, or be imprisoned with or without hard labor for not less than five years nor more than ten years, or both.
Added by Acts 1979, No. 83, §1. Amended by Acts 1980, No. 603, §1, eff. July 23, 1980; Acts 1982, No. 539, §1. Acts 1984, No. 826, §2, eff. July 13, 1984, No. 333, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1515. Injunctions

RS 32:1515 - Injunctions
A. If the secretary considers that an imminent hazard exists with respect to the transportation of a hazardous material, he may petition the district court in the parish in which the person sought to be enjoined resides or in the parish in which the danger exists for a restraining order to restrain that person from performing any act creating the hazard, or for any other order necessary to eliminate or ameliorate the hazard. Such actions may be taken without the necessity of posting bond, and actions taken by the secretary in good faith shall make him exempt from suit for civil damage.
B. For the purposes of this Section, an "imminent hazard" exists with respect to the transportation of hazardous materials, when the transportation may present an imminent and substantial endangerment to health or the environment.
Added by Acts 1979, No. 83, §1. Acts 1984, No. 826, §2, eff. July 13, 1984, No. 333, §1, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1517. Personnel and expenses

RS 32:1517 - Personnel and expenses
A. The secretary shall employ such persons as he considers qualified, consistent with applicable civil service regulations, to carry out the provisions of this Chapter.
B. The secretary may incur such expenses as may be required to carry out the provisions of this Chapter.
Added by Acts 1979, No. 83, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1518. Reckless handling of hazardous materials

RS 32:1518 - Reckless handling of hazardous materials
A. No person shall offer or accept for transportation, load or unload, or transport a hazardous waste or hazardous material as defined in R.S. 32:1502, in a criminally negligent or reckless manner that could endanger human life or health.
B. Any person who willfully violates this Section shall, upon conviction, be guilty of a felony and be fined or imprisoned in accordance with R.S. 32:1514(B) or may be subject to a civil penalty in accordance with R.S. 32:1512(A).
C.(1) The department may revoke the "H"- hazardous materials endorsement issued pursuant to the provisions of R.S. 32:408(B)(3)(d) or the "X"- combination tank vehicle and hazardous materials endorsement issued pursuant to the provisions of R.S. 32:408(B)(3)(e), or both, on the commercial driver's license of any person upon a final judgment of conviction or assessment of a civil penalty for a second or subsequent violation of this Section, if the material transported when the violation occurred met the definition of a hazardous material, as defined by R.S. 30:2363.
(2) The department may consider any prior final judgment of conviction or assessment of a civil penalty under this Section to determine whether or not to revoke an "H" or "X" endorsement on a commercial driver's license.
Added by Acts 1982, No. 327, §1. Acts 1985, No. 497, §1, eff. July 12, 1985; Acts 1992, No. 270, §1; Acts 2010, No. 653, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1520. Careless handling of hazardous material

RS 32:1520 - Careless handling of hazardous material
A. Any person who offers or accepts for transportation, loads or unloads, or transports a hazardous material or a hazardous waste in a careless or imprudent manner without regard for the hazards of the material or the circumstances of such actions shall be guilty of careless handling.
B. Any person who violates this Section shall, upon conviction, be guilty of a misdemeanor and be fined or imprisoned in accordance with R.S. 32:1514(A) or may be civilly penalized in accordance with R.S. 32:1512(A).
C. A person shall not be cited with a violation of this Section when that person or his representative reports an incident involving a hazardous material that does not meet the reporting criteria as set forth in R.S. 32:1510.
Acts 1984, No. 327, §2; Acts 1992, No. 269, §1; Acts 2016, No. 632, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1522. Hazardous Materials Emergency Response Fund

RS 32:1522 - Hazardous Materials Emergency Response Fund
A. Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all monies collected under R.S. 32:1512, 1518, 1519, and 1520 shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within a fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into a special fund, which is hereby created in the state treasury and designated as the "Hazardous Materials Emergency Response Fund", hereinafter referred to as the fund, an amount equal to all monies collected under R.S. 32:1512, 1518, 1519, and 1520. The amount of money deposited out of the money collected pursuant to R.S. 32:1512, 1518, 1519, and 1520 shall not exceed three hundred fifty thousand dollars annually. Any monies in excess of that amount shall revert to the general fund.
B. Monies in the fund shall be used only to develop those resources within the Department of Public Safety and Corrections, office of state police, transportation and environmental safety section, hazardous materials unit necessary for training, equipment, and support1 state police hazardous materials response unit.
Acts 1999, No. 819, §1.
1As appears in enrolled bill.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1523. For-hire carriers of passengers; definitions; driving time; rules and regulations

RS 32:1523 - For-hire carriers of passengers; definitions; driving time; rules and regulations
A. When used in this Section, the following words and phrases shall have the following meanings, unless the context clearly indicates a different meaning:
(1) "Driving time" means all time spent at the driving controls of a commercial for-hire vehicle designed to transport passengers.
(2) "Eight consecutive days" means the period of eight consecutive days beginning on any day at the time designated by the for-hire carrier for a twenty-four-hour period.
(3) "On duty time" means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.
(4) "Twenty-four-hour period" means any twenty-four-consecutive-hour period beginning at the time designated by the for-hire carrier for the terminal from which the driver is normally dispatched.
B. The provisions of this Section shall apply only to for-hire carriers designed to transport more than eight passengers, including the driver, on any public highway or road in this state.
C. Drivers of for-hire carriers shall be prohibited from:
(1) Driving a vehicle designed to transport more than eight passengers for more than ten hours without eight consecutive hours off duty.
(2) Driving a for-hire vehicle after the driver has been on duty for fifteen hours without eight consecutive hours off duty.
(3) Driving a for-hire vehicle after the driver has been on duty for a total of seventy consecutive hours within eight consecutive days.
D. For-hire carrier companies shall keep time records, for six months, indicating the time all for-hire drivers report for duty, the time of relief from duty, hours driven, hours on duty, and hours off duty. These records shall be made available to the Department of Public Safety and Corrections, office of state police, for inspection and shall be subject to the provisions of R.S. 32:1505.
E. The Department of Public Safety and Corrections, office of state police, shall adopt rules and regulations in accordance with the Administrative Procedure Act, as are necessary, to implement the provisions of this Section.
Acts 1999, No. 907, §1, eff. July 2, 1999.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1524.3. Contract carriers; penalties

RS 32:1524.3 - Contract carriers; penalties
A. The provisions of R.S. 32:1524, 1524.1, and 1524.2 shall be considered minimum standards and shall not be construed to supercede or abrogate any law, rule, or regulation which imposes stricter standards or regulations upon the operation of contract carriers which transport railroad employees.
B. Any person, corporation, or entity that violates the provisions of R.S. 32:1524, 1524.1, and 1524.2 or any rule promulgated thereto, shall be subject to a civil penalty in an amount not more than two thousand dollars for each offense or violation. Each violation shall constitute a separate and distinct offense. In the event of continuing violations, each such violation shall constitute a distinct and separate offense.
Acts 2013, No. 193, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1601. Definitions

RS 32:1601 - Definitions
When used in this Chapter, the following words and phrases shall have the following meanings ascribed to them, unless the context clearly indicates a different meaning:
(1) "Hydrocarbon gas" means a combustible organic gas containing only one carbon and hydrogen. Hydrocarbon gas includes, but is not limited to, propane, compressed natural gas, liquified petroleum gas, methane, or any chemically similar gas, but does not include gasoline or diesel fuel.
(2) "Motor vehicle" means every vehicle which is self-propelled, excluding a motorized bicycle.
Added by Acts 1983, No. 117, §1, eff. Jan. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1602. Hydrocarbon gas powered motor vehicles, placard required

RS 32:1602 - Hydrocarbon gas powered motor vehicles, placard required
It shall be unlawful to operate any hydrocarbon gas powered motor vehicle, registered in Louisiana, with a concealed tank for the fuel, upon any public highway or street in this state, which does not have conspicuously displayed, a placard stating that the motor vehicle is powered by hydrocarbon gas.
Added by Acts 1983, No. 117, §1, eff. Jan. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1603. Placard, rules and regulations

RS 32:1603 - Placard, rules and regulations
The secretary of the department may adopt and promulgate any rules and regulations necessary to carry out the provisions of this Chapter. The secretary shall adopt and promulgate all rules and regulations in accordance with the Administrative Procedure Act.
Added by Acts 1983, No. 117, §1, eff. Jan. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1604. Penalty

RS 32:1604 - Penalty
Any person who violates any provision of this Chapter, or any regulation issued thereunder shall be fined in accordance with the provisions of R.S. 32:57.
Added by Acts 1983, No. 117, §1, eff. Jan. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1700. Secretary of Department of Public Safety and Corrections to notify

RS 32:1700 - Secretary of Department of Public Safety and Corrections to notify
A. The secretary of the Department of Public Safety and Corrections is authorized to notify, in writing, owners of all motor vehicles as provided in R.S. 47:462 except those also classified as farm trucks, farm tractors, and other farm vehicles of all changes in the provisions of R.S. 32:311.11 through 398.5, R.S. 32:1501 through 1520, R.S. 47:711 through 727, R.S. 47:771 through 789, and R.S. 47:801 through 815, which affect the operation on state highways and public roads of those vehicles.
B. Notices of any changes described in Subsection A above shall be in writing in a form to be determined by the secretary of the Department of Public Safety and Corrections, or his designee, and shall be mailed to the owner of such vehicles at the address listed on the registration certificate for that vehicle. The secretary shall determine the cost of providing a notice of change, and, in accordance with rules and regulations promulgated by the secretary, such costs shall be paid by the recipients of the notice.
C. Oversight review of all rules and regulations promulgated by the secretary under the provisions of this Chapter shall be conducted by the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works.
Acts 1985, No. 906, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1711. Declaration of public policy

RS 32:1711 - Declaration of public policy
The legislature finds and declares that the towing and storage of motor vehicles in the state of Louisiana vitally affects the general economy of the state, the public interest, and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and to license those who conduct towing and storage businesses in Louisiana, in order to prevent frauds, impositions, and other abuses upon its citizens, and to provide maximum safety for all persons who travel or otherwise use the public highways of this state.
Acts 1989, No. 522, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1713. Definitions

RS 32:1713 - Definitions
For the purposes of this Chapter, the following terms shall have the following meaning:
(1) "Department" means the Department of Public Safety and Corrections.
(2) "Indirect compensation" means any benefit derived by the tow truck owner or operator as a result of barter, payment, or fees charged for repair work performed on the towed vehicle.
(3) "Non-consensual storage" means the storage or possession of a vehicle by an individual or storage facility operator without prior consent or authorization of the vehicle's owner or operator for the purpose of charging fees or obtaining ownership. Prior consent or authorization shall be documented by the storage facility by providing a written storage contract as outlined in R.S. 32:1722(C).
(4) "Non-consensual towing" means the movement or transportation of a vehicle by a tow truck without the prior consent or authorization of the owner or operator of the vehicle. This includes private property tows conducted in accordance with the provisions of R.S. 32:1736 and tows by law enforcement or other public agencies. Whenever an owner or operator of a vehicle requests a law enforcement officer or other public agency to initiate a tow, such tow shall be considered non-consensual and subject to Louisiana Public Service Commission tow rates.
(5) "Owner" means the last registered owner of a vehicle, the holder of any lien on a vehicle, and any other person with documented proof of ownership of a vehicle. Documented proof of ownership shall include a title, current registration, or a notarized bill of sale.
(6) "Tow" means pull, winch, carry, or otherwise move a vehicle or equipment other than under its own power with the use of a tow truck.
(7) "Tow truck" means any motor vehicle equipped with a boom or booms, winches, slings, tilt beds, semi-trailers, and/or similar equipment designed for the towing and/or recovery of vehicles and other objects which cannot operate under their own power or for some reason must be transported by means of towing.
(8) "Tow truck owner or operator" means any person or entity owning or operating a tow truck service.
Acts 1989, No. 522, §1; Acts 2001, No. 1097, §1; Acts 2012, No. 806, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1714. Powers and duties of the office of state police

RS 32:1714 - Powers and duties of the office of state police
The Department of Public Safety and Corrections, office of state police, subject to the provisions of the Administrative Procedure Act, shall:
(1) Adopt rules and regulations to govern the towing and storage industry in Louisiana.
(2) Adopt rules and regulations to ensure that no person shall operate a towing business when they arrive at the scene of a vehicle accident without being called by the police or by the owner of the vehicle or his representative.
(3) Adopt and levy fines for violation of this Chapter or any rule or regulation adopted pursuant to this Chapter. The administrative fine for each violation of this Chapter, or of the regulations adopted pursuant thereto, shall not exceed the sum of five hundred dollars.
(4) Make recommendations to the office of motor vehicles in reference to the examination, issuance, suspension, or revocation of licenses for tow trucks and operators.
(5) Adopt a schedule of maximum fees which may be charged for the notifications required by this Chapter.
(6) Repealed by Acts 2012, No. 806, §2.
(7) Insure compliance of every tow truck, towing facility, storage facility, and every employee subject to or licensed in accordance with this Chapter with the laws of this state, regulations of the Federal Motor Carrier Administration, and regulations promulgated pursuant to this Chapter.
Acts 1989, No. 522, §1; Acts 1990, No. 907, §1, eff. July 25, 1990; Acts 2001, No. 1088, §1; Acts 2003, No. 1054, §1; Acts 2012, No. 806, §2; Acts 2019, No. 103, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1715. Towing of motor vehicles in the state of Louisiana

RS 32:1715 - Towing of motor vehicles in the state of Louisiana
A. It shall be unlawful for any tow truck or carrier to tow or to carry a vehicle on the highways and roadways of the state of Louisiana without the towing vehicle or carrier having displayed a towing license plate and complying with the rules and regulations adopted pursuant to this Chapter.
B. This Section shall apply to every commercial entity that receives direct or indirect compensation for the towing of a vehicle.
C. This Section shall not apply to:
(1) Car carriers that are capable of carrying five or more vehicles and have Interstate Commerce Commission authority.
(2) Tow trucks that are registered in another state with Interstate Commerce Commission authority.
(3) Tow trucks that are owned by a governmental entity and that are not used for commercial purposes.
(4) Tow trucks that are owned by an owner of a garage, automotive mechanic shop, or other place where motor vehicles are repaired, are operated by an employee or an owner of such a shop, and are operated solely to transport motor vehicles to such shop for maintenance or repair work, but only when such owners or operators:
(a) Have insurance coverage as required by this Chapter.
(b) Obtain the license plate as required by this Chapter.
(c) Shall not respond to accident scenes or participate in a police rotation system or conduct private property tows.
(d) Shall not offer towing services for hire or store any motor vehicles.
Acts 1989, No. 522, §1; Acts 1991, No. 305, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1716. Licensing; special license plates

RS 32:1716 - Licensing; special license plates
A. In addition to the fee charged by Title 47, each tow truck owner shall pay an annual fee of one hundred fifty dollars per tow truck, not to include those tow trucks owned by public agencies.
B. The assistant secretary for the office of motor vehicles shall establish and issue a special tow truck license plate for vehicles which are designed to tow or carry any other vehicle.
C. The assistant secretary for the office of motor vehicles shall establish by rules promulgated under the Administrative Procedure Act the implementation of this Section.
Acts 1989, No. 522, §1; Acts 2001, No. 856, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1717. Qualifications of licensee; proof of financial responsibility in lieu of insurance

RS 32:1717 - Qualifications of licensee; proof of financial responsibility in lieu of insurance
A. A tow truck license plate shall not be issued to a tow truck owner unless:
(1) The applicant and employees who operate tow trucks have never been convicted of a felony relating to vehicle thefts.
(2) The applicant and all drivers who operate the tow truck possess the proper driver's license as required.
(3) The vehicle is properly equipped as required by this Title and any rules promulgated by the Department of Public Safety and Corrections.
(4) The applicant and employees that operate tow trucks are not required to be registered as a sex offender or child predator as required in R.S. 15:542.
B. Proof of financial responsibility satisfactory to the office of motor vehicles or certificates of insurance issued by an insurer licensed to do business in the state of Louisiana or a federally authorized insurance group licensed in their state of domicile and attesting to carriage with coverage in the amounts hereinbelow listed shall be submitted with the application:
(1) Automobile liability coverage in an amount of not less than three hundred thousand dollars combined single limits coverage.
(2) Garage keeper's legal liability insurance in an amount of not less than fifty thousand dollars which shall include on-hook coverage in an amount of not less than twenty-five thousand dollars.
(3) Garage liability insurance in an amount of not less than fifty thousand dollars.
(4) Self-insurance as contemplated under the provisions of R.S. 32:1042, when property owned in Louisiana in the tow truck owner's name has a value of three hundred thousand dollars or more after deducting encumbrances thereon from its assessed valuation.
C. All certificates shall contain the initial and the expiration dates of carriage and coverage and the serial number of the vehicle that the license is being applied for and the following statement:
"The insurance covered by this certificate shall not be cancelled or materially altered except after twenty days prior written notice of such cancellation or alteration has been sent to the Department of Public Safety and Corrections, office of state police, by certified letter, return receipt requested."
D. Car carrier companies which transport less than five motor vehicles and do not store or hold motor vehicles shall be licensed as tow trucks upon application and submission of an affidavit to the Department of Public Safety and Corrections, stating that the company does not store or hold motor vehicles and does not carry garage keeper's legal liability or garage liability insurance. These companies shall receive a "car carrier" endorsement on their required motor vehicle registration. This does not exclude the car carrier company from any other regulations as set by the Louisiana Towing and Storage Act.
Acts 1989, No. 522, §1; Acts 1990, No. 956, §1; Acts 1997, No. 402, §1; Acts 2012, No. 806, §1; Acts 2012, No. 828, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1717.1. Licensing; storage facility inspection; fee

RS 32:1717.1 - Licensing; storage facility inspection; fee
A. Each towing company or storage facility which conducts non-consensual tows or non-consensual storage, or stores vehicles under the provisions of this Chapter shall pay an annual fee of one hundred dollars for a storage inspection license to the Department of Public Safety and Corrections, office of state police.
B. The Department of Public Safety and Corrections, office of state police, subject to oversight of the House and Senate Transportation, Highways and Public Works Committees, shall promulgate rules and regulations in accordance with the Administrative Procedure Act, as are necessary, for the implementation of this Section.
C.(1) The Department of Public Safety and Corrections, office of state police, may initiate an administrative action to suspend the storage license pursuant to the provisions of this Chapter for either of the following:
(a) Repeat violations of any provision of this Chapter.
(b) The failure to meet requirements for the issuance of a storage license.
(2) Except as otherwise provided for in R.S. 49:977.3(C), no suspension imposed pursuant to the provisions of this Chapter shall exceed thirty days.
(3) Revocation may be issued for three or more suspensions.
(4) Prior to the suspension or revocation of any license, the licensee shall have the opportunity for an impartial hearing held in accordance with the Administrative Procedure Act.
(5) For purposes of this Subsection, "repeat violations" means three or more violations of the same administrative rule or regulation within a two-year period.
Acts 2001, No. 856, §1; Acts 2012, No. 806, §1; Acts 2019, No. 103, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1718. Law enforcement notification of a vehicle towed to a storage facility; outdoor storage facility

RS 32:1718 - Law enforcement notification of a vehicle towed to a storage facility; outdoor storage facility
A. Whenever any vehicle has been towed to a storage facility as a result of a non-consensual tow from private property, the owner or operator of the storage facility shall, within twenty-four hours of the time such vehicle is towed to a storage facility, notify the office of the sheriff or the municipal police or their assigned designees from whose jurisdiction the vehicle is towed that the vehicle has been towed for storage. Except when the vehicle is stored by or upon request from a law enforcement agency, the storage operator shall provide to the law enforcement authorities or their designees:
(1) The name and address of the location from which the vehicle was towed.
(2) The year, make, model, and manufacturer's vehicle identification number.
(3) The license plate number and state of issuance of the vehicle.
(4) The name and address of the location to which the vehicle was towed.
B. Each law enforcement authority or designee receiving information pursuant to the provisions of this Section shall accept, record, and file the information in order to be reasonably obtainable for responding to requests from the public.
C. If the storage facility is an outdoor facility, it shall provide a reasonable security barrier or safety apparatus suitable to the premises of the facility which will assure security to the property contained therein.
Acts 1989, No. 522, §1; Acts 1990, No. 956, §1; Acts 2012, No. 806, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1719. Notification to Department of Public Safety and Corrections

RS 32:1719 - Notification to Department of Public Safety and Corrections
A. Whenever any vehicle subject to registration in this state has been stored, parked, or left in a garage, or any type of public storage or parking lot, where fees are charged for storage or parking or when a vehicle has been towed or stored as a result of a non-consensual tow or non-consensual storage, the owner of the storage or parking facility shall, within three business days of the date the vehicle has been towed, stored, or parked, report to the department, or the department's authorized agent, the make, model, vehicle identification number, license plate number, state of issuance, and expiration date, if known, and the date of storage of such vehicle in a manner provided by the department or its authorized agent. The department, or the department's authorized agent, shall provide the owner of the towing, storage, or parking facility with the most current owner and lienholder information available on the stored vehicle. If the department reports that a stored vehicle is or has been registered in another state, that report shall indicate that the department has used due diligence in obtaining information from nationwide databases available to the department.
B. No tow truck owner or operator shall be liable, civilly or criminally, when the department or its authorized agent fails to provide the information requested in Subsection A of this Section in a timely manner, if the tow truck owner or operator sends notification to the stored vehicle's owner in accordance with the provisions of R.S. 32:1720.
Acts 1989, No. 522, §1; Acts 1999, No. 1361, §1; Acts 2001, No. 1097, §1; Acts 2012, No. 806, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1720. Owner notification of a stored vehicle; right to request administrative hearing

RS 32:1720 - Owner notification of a stored vehicle; right to request administrative hearing
A. Within ten business days from the date the department or its authorized agent sends the owner information of the stored vehicle, which includes information regarding the holder of any lien on the vehicle, to the owner of the towing, storage, or parking facility, the owner of the towing, storage, or parking facility shall send notice with a certificate of mailing to the owner of the vehicle at the owner's last known address and to the holder of any lien on the vehicle. If the department or its authorized agent sends the owner information electronically, the owner of the towing, storage, or parking facility shall send notice within five business days.
B. The notice required in Subsection A of this Section shall include the following information:
(1) The name, location, and physical and mailing addresses of the storage or parking facility.
(2) A description of the vehicle including the year, make, model, and vehicle identification number.
(3) The vehicle license plate number, state of issuance, and expiration date, if known.
(4) The name of the person or agency that had the vehicle towed or placed in storage.
(5) The date the vehicle was placed in storage and any applicable adjusted storage dates.
(6) The condition of the vehicle.
(7) All outstanding charges against the stored vehicle.
(8) Notice of the right of the owner and holder of any lien on the vehicle to an administrative hearing as required in R.S. 32:1727. The notice shall contain the deadline for requesting an administrative hearing and shall contain information regarding the date by which the request for an administrative hearing shall be mailed by certified mail, return receipt requested.
Acts 1989, No. 522, §1; Acts 1999, No. 322, §1; Acts 1999, No. 1361, §1; Acts 2001, No. 1097, §1; Acts 2003, No. 101, §1; Acts 2004, No. 568, §1; Acts 2012, No. 806, §1; Acts 2021, No. 206, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1720.1. Surrender of stored vehicle to lienholder

RS 32:1720.1 - Surrender of stored vehicle to lienholder
Notwithstanding any other provision of law to the contrary, if a vehicle placed in a storage facility or a repair or body shop is encumbered by a lien, and the storage or repair or body shop operator mails the notification required by R.S. 32:1720, the storage or repair or body shop operator shall surrender possession of the vehicle to the holder of any lien on the vehicle on behalf of the registered owner. The holder of any lien on the vehicle is the holder shown on the records of the office of motor vehicles. No such surrender shall occur until the secured party makes a complete payment of the towing and storage charges and executes a hold harmless agreement, agreeing to indemnify the storage or repair or body shop operator for surrender of the vehicle to the secured party.
Acts 1999, No. 322, §1; Acts 2003, No. 998, §1; Acts 2004, No. 203, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1721. Self-park storage facility notification procedure

RS 32:1721 - Self-park storage facility notification procedure
A. If the storage garage or parking lot is of the type where vehicles are driven in and left in storage and the entrance to the facility is controlled manually or mechanically similar to parking facilities usually found at airports and railway stations, the garage or parking lot shall operate under some system whereby the length of time the vehicle has been in storage can readily be determined within one week of the time the vehicle was left, and should a vehicle be brought to such a garage or parking facility with the intent to remain there over twenty days, arrangements must be made in writing with the operator of the parking facility.
B. Any vehicle left at such a garage or parking facility for more than twenty days which has no written arrangements recorded must be reported to the Department of Public Safety and Corrections as outlined in R.S. 32:1719 and must be reported to the owner as outlined in R.S. 32:1720.
Acts 1989, No. 522, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1722. Exemption from provisions of R.S. 32:1718 through 1721

RS 32:1722 - Exemption from provisions of R.S. 32:1718 through 1721
A.(1) Except when summoned to a location by a law enforcement agency from a call allocation system, the provisions of R.S. 32:1718 through 1721 shall not apply where the verified owner of the vehicle or the verified legal representative of the owner has entered into a contract, in writing on a form herein described, for the continuous storage or parking of the vehicle.
(2) The storage facility shall verify the registered owner and any lienholder in accordance with R.S. 32:1718.
(3) The storage facility shall verify and keep a copy of any legal documents declaring the status of any person claiming to be a legal representative of a vehicle owner.
B. For the purposes of this Section, when a vehicle is stored as a result of a court order, the court shall act as a representative of the owner, thus the notifications of R.S. 32:1718 through 1721 are not required.
C. The written storage contract shall contain the following:
(1) The name, address, and driver's license number of the verified owner or verified legal representative of the owner that is making the storage arrangements.
(2) The name and address of the owner if different from the above person.
(3) The name and address of any lienholder on the vehicle title.
(4) The cost of storage and any other costs that will be accrued to the vehicle. Any costs not set forth within the storage agreement may not be charged.
(5) A description of the vehicle.
(6) The vehicle identification number.
(7) The vehicle license plate number.
(8) The condition of the vehicle.
(9) The date that the vehicle is placed in storage.
(10) The date after which time the vehicle will be considered abandoned, not to exceed six months from the date of storage.
(11) Notice that when the vehicle is considered abandoned, it will be subject to sale by the storage facility owner.
(12) The signature of the owner or legal representative of the owner that is making the storage arrangements.
D. The storage facility owner shall give notice in writing to the verified lienholder at least fifteen business days prior to the expiration of the storage contract in Subsection C of this Section.
Acts 1989, No. 522, §1; Acts 2009, No. 435, §1, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1723. Maintenance of records

RS 32:1723 - Maintenance of records
The owner of the place of business shall maintain adequate records on storage of all vehicles, describing the vehicle, the date brought into storage, and the name of the person and/or department authorizing such storage. These records and any vehicle remaining in storage shall be open to inspection by any peace officer any time the business is open. All records of storage shall be maintained for a period of at least three years.
Acts 1989, No. 522, §1; Acts 2001, No. 1097, §1.