reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.4. Acceptance by the department

RS 48:256.4 - Acceptance by the department
A. Whenever the department enters into a contract for the construction, maintenance, alteration, or repair of any public works, in accordance with the provisions of this Subpart, the undersecretary or his duly appointed designee of the department shall have recorded in the office of the recorder of mortgages, in the parish where the work has been done, a final acceptance of the work or a partial acceptance of any specified area thereof upon completion of all of the work. The final acceptance shall be executed by the secretary or his duly appointed designee within thirty days of completion of all of the work on the project. The recordation of a final acceptance in accordance with the provisions of this Section shall be effective for all purposes under this Chapter.
B. "Partial acceptance" as used in this Section means the determination by the department made after final inspection of a portion of the project that the contractor has satisfactorily completed that portion of the project and that such portion may be used advantageously by traffic or for other use.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1999, No. 605, §1, eff. June 30, 1999; Acts 2016, No. 207, §1, eff. May 26, 2016.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.7. Filing of bond or other security; cancellation of statement of claim or privilege

RS 48:256.7 - Filing of bond or other security; cancellation of statement of claim or privilege
A. If a statement of claim or privilege is filed, any interested party may deposit with the recorder of mortgages either a bond of a lawful surety company authorized to do business in the state or cash, certified funds, or a federally insured certificate of deposit to guarantee payment of the obligation secured by the privilege or that portion as may be lawfully due together with interest, costs, and attorney fees to which the claimant may be entitled up to a total amount of one hundred twenty-five percent of the principal amount of the claim as asserted in the statement of claim or privilege. A surety shall not have the benefit of division or discussion.
B. If the recorder of mortgages finds the amount of the cash, certified funds, or certificate of deposit or the terms and amount of a bond deposited with him to be in conformity with this Section, he shall note his approval on the bond and make note of either the bond or of the cash, certified funds, or certificate of deposit in the margin of the statement of claim or privilege as it is recorded in the mortgage records and cancel the statement of claim or privilege from his records by making an appropriate notation in the margin of the recorded statement. The bond shall not be recorded but shall be retained by the recorder of mortgages as a part of his records.
C. Any party who files a bond or other security to guarantee payment of an obligation secured by a privilege in accordance with the provisions of Subsection A of this Section shall give notice to the department, the claimant, and the contractor by certified mail, and shall file a certified copy of the cancellation of the statement of claim or privilege by the recorder of mortgages, showing the recordation data, with the undersecretary of the department by certified mail.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2015, No. 29, §1, eff. May 29, 2015.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.8. Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants

RS 48:256.8 - Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants
A. If at the expiration of the forty-five days any filed and recorded claims are unpaid, the department shall file a petition in the proper court of the parish where the work was done, citing all claimants and the contractor, subcontractor, and surety on the bond and asserting whatever claims it has against any of them, and shall require the claimants to assert their claims. If the department fails to file the proceeding any claimant may do so.
B. All the claims shall be tried in a concursus proceeding and the claims of the claimants shall be paid in preference to the claims of the department.
C. All suits for judgment against the contractor or the surety or both on the bond shall be filed as prescribed in this Section.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.9. Liability on bond; summary trial of objections to solvency and sufficiency of bond

RS 48:256.9 - Liability on bond; summary trial of objections to solvency and sufficiency of bond
A. If no objections are made by any claimant to the solvency or sufficiency of the bond required of the contractor by this Part, the department shall, ten days after the service of judicial notice of the concursus proceeding on each claimant having recorded claims, obtain a certificate to that effect from the clerk of court. The certificate shall relieve the department of any personal liability and the recorder of mortgages shall cancel all of the recorded claims.
B. If any objections are made by the claimants they shall be tried summarily. Whenever it is found that the surety is not solvent or sufficient to cover the amount of the bond or that the department has failed to exact the bond or record the bond within the time allowed, the department shall be in default and shall be liable to the same extent as the surety would have been. The surety on the bond shall be limited to the defense which the principal has on the bond.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.10. Proceedings tried summarily

RS 48:256.10 - Proceedings tried summarily
All proceedings brought under this Part shall be tried summarily, if a commissioner is available in the venue of the suit, the proceeding shall be referred to a commissioner, as provided by law, who shall report his findings to the court at the earliest date possible.
Acts 1997, No. 1112, §1, eff. July 14,1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.11. Attorney fees

RS 48:256.11 - Attorney fees
A. After amicable demand for payment has been made on the principal and surety and thirty days have elapsed without payment being made, any claimant recovering the full amount of his timely and properly recorded or sworn claim in a concursus proceeding pursuant to this Subpart shall be allowed reasonable attorney fees which shall be taxed in the judgment on the amount recovered.
B. If the trial court finds that such an action was brought by any claimant without just cause or in bad faith, the trial judge shall award the principal or surety a reasonable amount as attorney fees for defending such action.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:256.12. Construction of Part

RS 48:256.12 - Construction of Part
Nothing in this Part shall be construed to deprive any claimant, as defined in this Part and who has complied with the notice and recordation requirements of R.S. 48:256.5(B), of his right of action on the bond furnished pursuant to this Part, provided that said action must be brought against the surety or the contractor or both within one year from the registry of acceptance of the work or of notice of default of the contractor; except that before any claimant having a direct contractual relationship with a subcontractor but no contractual relationship with the contractor shall have a right of action against the contractor or the surety on the bond furnished by the contractor, he shall in addition to the notice and recordation required in R.S. 48:256.5(B) give written notice to said contractor and surety within forty-five days from the recordation of the notice of final acceptance by the department of the work or notice by the department of default, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor or service was done or performed. Such notice shall be served by mailing the same by registered or certified mail, postage prepaid, in envelopes addressed separately to the contractor and surety at any place each maintains an office in the state of Louisiana.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:257. Participation of federal government in construction work

RS 48:257 - Participation of federal government in construction work
The department may enter into agreements with federal agencies to encourage the participation of those agencies in the joint construction of Department of Transportation and Development projects and the department may sponsor such projects. Except for the provisions of the last paragraph of R.S. 48:251, the provisions of R.S. 48:251 through 48:256 do not apply to such agreements.
Where agreements are entered into with federal agencies for the construction of state highways, parish roads or other projects of the Department of Transportation and Development, these projects may be undertaken by any means permissible under federal regulations.
Amended by Acts 1977, No. 291, §1; Acts 1997, No. 1112, §4.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:259. Maintenance; selection of work

RS 48:259 - Maintenance; selection of work
The department shall maintain the highways forming the state highway system, together with the other facilities of the department to the extent that the revenues of the department will permit. The selection of the highways, facilities, or parts thereof to be maintained and the order of that selection shall be made by the secretary upon the recommendation of the chief engineer and may be changed from time to time as the case demands. In this selection, these officials shall be guided by volume and character of traffic and the convenience, safety, and necessity of the traveling public.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §7, eff. July 11, 1979; Acts 1984, No. 625, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:260. Scope and extent of maintenance operations; emergency work

RS 48:260 - Scope and extent of maintenance operations; emergency work
The scope and extent of maintenance operations may include any operation involving employment of labor, purchase of materials, supplies, and equipment, and the severance, processing, and application of materials necessary to maintain the highway system together with the other facilities of the Department of Transportation and Development at the maximum level of efficiency for its type. In case of damage to the state highway system caused by flood or other disaster, requiring immediate attention, or for construction urgently needed, or for construction that may be undertaken more efficiently, the secretary may execute such work of improvement with department maintenance forces, with the approval of the chief engineer or the assistant secretary of operations.
Amended by Acts 1977, No. 291, §1; Acts 1984, No. 625, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:262. Maintenance equipment; rent or lease by the department; rent or lease to others

RS 48:262 - Maintenance equipment; rent or lease by the department; rent or lease to others
A. When the secretary determines that it is necessary or economically feasible to use specialized maintenance equipment which will not be needed on a permanent basis, the department may rent or lease fixed and mobile equipment necessary to appropriately maintain and operate the facilities under its jurisdiction. The department is not required to accept equipment offered at the lowest price when such a practice would result in the use of so many different types or brands that economic operation of the equipment would be impracticable.
B.(1) The department shall not loan, rent, or lease any unit of its active equipment.
(2) It may loan, rent, or lease any unit of its standby, or undisposed of surplus equipment, for a period of time not to exceed ninety days, to any municipality, parish, or other political subdivision that provides a holdharmless agreement, in a form approved by the department, to protect and indemnify the department from any liability arising from the use, maintenance, or any other factor attributable to the municipality, parish, or other political subdivision borrowing, renting, or leasing the equipment.
(3) The department shall loan mowing equipment to parishes, municipalities, or other political subdivisions, who provide holdharmless agreements, in a form approved by the department, for purposes of mowing the rights of way of the Interstate System and the state highway system when the department has failed to perform mowing activities for a period of sixty days.
Amended by Acts 1977, No. 291, §1; Acts 1981, No. 658, §1, eff. July 20, 1981; Acts 1987, No. 645, §1; Acts 2018, No. 365, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:263. Department owns repair shops; standby equipment

RS 48:263 - Department owns repair shops; standby equipment
The department shall establish and maintain its own shops for the servicing, repair, and upkeep of its equipment and shall provide, at these shops and elsewhere, adequate standby units for emergency use and replacement of units under repair.
Acts 1997, No. 1112, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:264.1. Salvage materials; bridges and roads; coastal protection and restoration projects

RS 48:264.1 - Salvage materials; bridges and roads; coastal protection and restoration projects
A. When, in the opinion of the secretary of the Department of Transportation and Development, it is in the best interest of the state, he may order any materials deemed of no salvage value recovered from the reconstruction or repair of any state road or bridge, or from any other work performed by the department to be disposed of by donation to any political subdivision of the state for its use, such donation to be made in accordance with a procedure established by the secretary.
B. When, in the opinion of the secretary of the department or his designee, it is in the best interest of the state, he may order any materials deemed of no salvage value recovered from the reconstruction or repair of any state road or bridge, or from any other work performed by the department to be disposed of by transfer to the Coastal Protection and Restoration Authority to be utilized for coastal protection and restoration projects, such transfer to be made in accordance with procedures established by the secretary or his designee in coordination with the Coastal Protection and Restoration Authority.
Added by Acts 1976, No. 283, §1. Amended by Acts 1977, No. 291, §1; Acts 2012, No. 487, §1; Acts 2016, No. 430, §6.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:265. Laboratory

RS 48:265 - Laboratory
The department shall establish, operate, and maintain a laboratory for such research activities as are of interest to the functions of the department and for the routine sampling, inspection, examination, analysis, and testing of:
(1) The quality of materials, commodities, and supplies, in place or severed, employed or involved in any operation of the department; and
(2) The accuracy, efficiency, and appropriateness of processes, equipment, and devices related to the business and duties of the department.
This laboratory may undertake work of a like nature for other departments of the state at cost when that work is not of such a volume as to interfere with the work of the Department of Transportation and Development when the other departments have not employed consulting engineers or architects whose employment contracts require them to make the tests.
The making of a ruling or opinion in connection with any work other than the work of the Department of Transportation and Development or the undertaking of any work in competition with engineers in private practice or with commercial laboratories is expressly prohibited.
The methods and procedures in the laboratory and the equipment, machinery, and devices employed in its operations shall be patterned upon and as consistently as possible conform to the standards as established by the American Society of Testing Materials, the American Association of State Highway Officials, and the Bureau of Public Roads as approved by the chief engineers of the offices of the Department of Transportation and Development.
Amended by Acts 1962, No. 485, §1; Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:266. Soil erosion control

RS 48:266 - Soil erosion control
In the construction and maintenance of state highways, the department shall employ appropriate means of preventing or discouraging soil erosion within the limits of the rights of way and may cooperate with official federal agencies in soil conservation programs when those programs are closely related to and in the interest of state highway operation and maintenance.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:267. Preservation and encouragement of trees, shrubbery, and vegetation

RS 48:267 - Preservation and encouragement of trees, shrubbery, and vegetation
When not inconsistent with the economy of construction and maintenance of state highways or with the safety of the traveling public, the department and its employees shall study, encourage, and preserve the growth of trees, shrubs, and other vegetation indigenous to the climate of Louisiana, in order to perpetuate the natural beauty of the state. The department may replace and augment this growth when consistent with these ideas.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:268. Tampering with trees or shrubs

RS 48:268 - Tampering with trees or shrubs
The felling, topping, or pruning of trees or shrubs to accommodate, operate, or maintain any installation on the right of way, without the prior written approval of the secretary or his representative, is prohibited. The secretary may use his discretion in the granting of this approval.
Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:269. Rest areas; roadside development areas; procedure

RS 48:269 - Rest areas; roadside development areas; procedure
A. The department may acquire by donation, purchase, lease, exchange, or expropriation the full ownership or any lesser interest therein of property it determines to be reasonably necessary or useful for the restoration, preservation, and enhancement of scenic beauty within or adjacent to the state highways, including acquisition of areas for the establishment and operation of publicly owned and controlled rest and recreation areas and sanitary and other facilities, in order to promote the safety, convenience, and enjoyment of travel on and the protection of the public investment in state highways, and in order that the department may receive and expend funds from the federal government and other federal aid funds that may be available.
B. The procedure in expropriation proceedings filed for these purposes shall be in accordance with the provisions of R.S. 48:441 et seq. but, whether an entire tract of land or only a portion thereof is expropriated, the provisions of R.S. 48:450 instead of R.S. 48:451 shall apply and the certificate of the chief engineer required by R.S. 48:442(3), may be eliminated.
C. In all cases negotiation will be conducted with the landowner before expropriation and specific consideration shall be given to the views of the landowner as to selection of portions of or tracts of land to be expropriated within the limits of the needs of the design of the highway.
D. This Section shall be liberally construed to effectuate these purposes.
Amended by Acts 1966, No. 475, §1; Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:271. Historical markers; tourist attractions

RS 48:271 - Historical markers; tourist attractions
A. The department may erect, at suitable points selected by the Louisiana Tourism Development Commission, bronze markers denoting and describing locations and occasions of historical interest. These markers shall conform to a standard size and design prepared by the department in cooperation with the commission and shall be maintained by the department. The language of the legend thereon shall be submitted to and approved by the Department of History of Louisiana State University. When sponsored by and furnished by authentic historical organizations, the markers may carry the sponsor's organization name along the bottom edge thereof, but otherwise shall conform in all respects to the standard design and method of erection as provided in this Section. The placing of the name of any living person upon these markers is expressly prohibited.
B. The department, in cooperation with the office of tourism of the Department of Culture, Recreation and Tourism, may erect, at suitable points, signs denoting locations of state tourist attractions and tourist information centers. These markers shall conform to a standard size and design prepared by the department in cooperation with the commission and shall be maintained by the department.
C. The department may erect directional signs to state park areas in cooperation with the office of state parks and in accordance with the statewide highway sign program for state park areas, as developed and periodically reviewed and updated by the office of state parks. The signs shall be standard department directional signs and shall be erected on state highways, official system roads that connect state parks to existing state highways, and interstate highways. The signs shall be maintained by the department.
Amended by Acts 1968, No. 490, §1; Acts 1997, No. 701, §1; Acts 1999, No. 996, §1, eff. July 9, 1999; Acts 2001, No. 1104, §1, eff. June 28, 2001.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:272. Access roads to rural cemeteries or graveyards

RS 48:272 - Access roads to rural cemeteries or graveyards
The department is authorized to grade and keep in repair access roads leading from roads or highways under regular maintenance of the department to cemeteries or graveyards situated within one mile or less of such regularly maintained roads or highways.
Acts 1950, No. 440, §1. Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:273. Placing of distance markers on highways

RS 48:273 - Placing of distance markers on highways
Distance markers, which designate the distances from the point of the marker to the municipality indicated on the marker, shall be placed alongside the highways of this state by the department for incorporated and unincorporated municipalities having a population of five thousand or more persons. The department may place distance markers for incorporated and unincorporated municipalities having a population of less than five thousand persons. The distance markers are to be placed in accordance with regulations promulgated by the Department of Transportation and Development.
Added by Acts 1976, No. 276, §1. Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:274. Roadside advertising permitted

RS 48:274 - Roadside advertising permitted
When private advertising services are not available because of federal or state regulations, the Department of Transportation and Development may provide such services through appropriate road signs or emblems at appropriate fees. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.
Added by Acts 1977, No. 642, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:274.2. Placing of advertising signs on state-owned ferries

RS 48:274.2 - Placing of advertising signs on state-owned ferries
The department shall regulate the placement, erection, and maintenance of advertising and sponsorship signs on state-owned ferries, rights-of-way, and assets of the department. The Department of Transportation and Development shall establish appropriate and reasonable fees and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section consistent with the national laws and standards promulgated pursuant to Title 23 of the United States Code.
Acts 1985, No. 862, §1; Acts 2006, No. 11, §5; Acts 2013, No. 41, §1, eff. May 29, 2013.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:275. Historic bridges and other structures

RS 48:275 - Historic bridges and other structures
No bridge, highway, or roadway structure in the state maintained system shall be nominated for inclusion or placed in the National Register of Historic Places or otherwise designated as a permanent fixture not subject to removal or destruction without prior written approval from the secretary of the Department of Transportation and Development.
Added by Acts 1982, No. 814, §1, eff. Aug. 4, 1982; Acts 1998, 1st Ex. Sess., No. 43, §1, eff. April 24, 1998.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:276. Department liability for environmental contamination in right-of-way; exemption

RS 48:276 - Department liability for environmental contamination in right-of-way; exemption
A. When the department acquires property for a transportation facility or in a transportation corridor through the exercise of expropriation authority, or by purchase or donation, it shall not be subject to any liability due solely to its ownership imposed by Subtitle II of Title 30 of the Louisiana Revised Statutes of 1950 and regulations promulgated pursuant thereto for pre-existing soil or groundwater contamination or other discharges or releases onto department right-of-way by persons other than department employees or agents. Nothing contained in this Section affects the rights or liabilities of any past or future owners of the acquired property nor does it affect the liability of the department for the results of its actions which create or aggravate a pollution source, release, or discharge. The department and the Department of Environmental Quality may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the department.
B. To the extent that the department voluntarily remediates sites within its rights-of-way for which it is exempted from liability under this Section due to factors of significant project delay or impact on contractors employed by the department, the Department of Environmental Quality shall assist in identifying and notifying potentially responsible parties and demanding participation in the remediation costs incurred by the department. If a potentially responsible party refuses to participate in the costs of remediation which are subsequently determined by a court to be the responsibility of a nonparticipating responsible party, all nonparticipating responsible parties shall be solidarily liable to the department for the costs of remediation incurred by the department, subject to the rights of contribution or indemnity from other parties responsible for the pollution source, release, or discharge, and for the attorney fees incurred in prosecuting the demand for participation and collection action authorized in this Section.
Acts 1995, No. 1088, §1, eff. June 29, 1995.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:277. Signs in advance of driveways for churches

RS 48:277 - Signs in advance of driveways for churches
The department may erect signs indicating the location of churches located along state highways. The points for location of such signs shall be determined by the traffic engineer of the highway district in which the church is located. The signs shall conform to a standard size and design prepared by the department.
Acts 1997, No. 1230, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:278. Tourism signs; request by lieutenant governor

RS 48:278 - Tourism signs; request by lieutenant governor
A. When the Department of Transportation and Development has been requested to erect any signs, markers, or any other type of informational signage related to the functions of the Department of Culture, Recreation and Tourism and such signs have not been erected within a reasonable time period, the lieutenant governor shall contact the secretary of the Department of Transportation and Development, in writing, requesting the erection of the signs within thirty days of receipt of such request.
B. Upon receipt of such request, the secretary of the Department of Transportation and Development shall erect such signs within thirty days.
Acts 1999, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:279. Night time work on construction and maintenance projects; exceptions

RS 48:279 - Night time work on construction and maintenance projects; exceptions
A. On any construction or maintenance project which requires the temporary closure of a lane on a controlled access principal arterial interstate, the department shall perform a traffic queue analysis and where the analysis determines a potential for traffic which may result in undue hardship or significant delay to the motoring public, the department shall ensure that such construction or maintenance work is performed during non-peak traffic hours, including night work between the hours of 8 p.m. and 6 a.m. and weekends, unless specific traffic studies determine that such non-peak hour work is not feasible. For purposes of this Section, peak traffic hours shall be considered 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on weekdays. On projects where the department has found non-peak work feasible and provides an incentive to construct expeditiously, the contractor shall perform non-peak work or provide just cause for failure to perform non-peak work in order to qualify for or earn the incentive to construct expeditiously.
B. If after reviewing existing traffic volumes, congestion, traffic control measures, motorist safety, project cost, project quality, inspection obligations, highway user costs, work force availability, work zone lighting, worker safety, and other factors which the department may deem necessary in determining the feasibility of non-peak hour construction or maintenance, the department determines that it is not feasible to perform construction or maintenance work during non-peak hours, the secretary shall provide a written report on the feasibility study to be delivered by certified mail to the cochairmen of the Joint Committee on Transportation, Highways, and Public Works including specific details of factors which contributed to the determination. Within forty-five days of receipt of the report, the joint committee may conduct a hearing to review the report. If at the hearing the committee finds the determination of the department unacceptable by a majority vote of the members, then such determination shall be sent to the governor and the department.
C. When the department determines that a construction or maintenance project on a controlled access principal arterial interstate highway will have the potential of causing significant traffic delays or undue hardship to the public using such highway, advance signing shall be posted on the right of way of such highway at a location in advance of the last exit prior to the traffic buildup in order to allow the operator of a vehicle to exit the highway and avoid such buildup. Such signing shall indicate that there is traffic congestion ahead and such exit is the last opportunity for exiting the highway before such congestion.
Acts 1999, No. 831, §1; Acts 2001, No. 77, §1; Acts 2003, No. 753, §1; Acts 2006, No. 727, §1, eff. June 29, 2006.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:280. Directional signs in advance of Louisiana byways

RS 48:280 - Directional signs in advance of Louisiana byways
The department shall erect signs indicating the approaches to designated Louisiana byways. The points of location of such signs shall be determined by the traffic engineer for the highway district in which the Louisiana byway is located. The department shall erect a directional sign on Interstate 20 indicating the approaches to the United Theological Seminary. The signs shall conform to a standard size and design prepared by the department.
Acts 1999, No. 938, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:281. Major highway construction and maintenance; notification of elected officials

RS 48:281 - Major highway construction and maintenance; notification of elected officials
A. For purposes of this Section, "major highway construction and maintenance project" shall mean a state highway construction or maintenance project that is expected to interrupt traffic flow on a state highway with average daily traffic in excess of ten thousand vehicles per day and that requires more than forty-eight hours to complete.
B. The department shall develop a policy for notifying sheriffs, parish presidents, fire chiefs, and state legislators a minimum of ten days prior to major highway construction and maintenance projects being performed in their respective areas. Such policy shall include but not be limited to the following provisions:
(1) A description of the project.
(2) The location of the highway construction or maintenance work to be performed.
(3) The starting and completion date of the highway construction or maintenance project.
(4) Information for motorists of an alternate traffic route while highway or maintenance work is being performed.
Acts 2003, No. 103, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:282. Sale of timber by the department; authority; use

RS 48:282 - Sale of timber by the department; authority; use
The department may sell timber which has been cut or felled on state highway rights-of-way. Any proceeds from such sale shall be dedicated to the Transportation Trust Fund to be used for maintenance and repair of roads not eligible for federal matching funds provided by the federal highway program.
Acts 2004, No. 308, §1, eff. June 18, 2004.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:283. Historical structures acquired by department; plan for preservation

RS 48:283 - Historical structures acquired by department; plan for preservation
A. The department shall inspect any property acquired for a project for buildings or structures that may have historical or cultural significance and for which the department has no use.
B. If such a building or structure is identified, the department shall devise a plan to preserve it if a parish, municipality, or nonprofit organization has expressed an interest in transferring the building or structure.
C. The plan shall give priority to transferring the building or structure to a parish, municipality, or nonprofit organization, provided that the parish, municipality, or nonprofit organization shall bear the costs of any such transfer and resulting relocation and that such transfer and relocation does not interfere with the construction of the project.
D. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to oversight by the House and Senate committees on transportation, highways and public works, as are necessary to implement the provisions of this Section.
Acts 2012, No. 443, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:285. Purpose

RS 48:285 - Purpose
It is the purpose of this Part to prescribe the policy of the Department of Transportation and Development and other grantee agencies applicable to employment of consultants for construction and preconstruction engineering services, research, planning, environmental, and other activities by a competitive process and a noncompetitive process, except those services under the authority of R.S. 39:1481 through 1526, R.S. 48:250.2, R.S. 48:250.3, and R.S. 48:292.1.
Acts 1991, No. 784, §1; Acts 2007, No. 40, §1, eff. Jan. 1, 2008; Acts 2009, No. 255, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:286. Retaining of consultants warranted; authorization

RS 48:286 - Retaining of consultants warranted; authorization
A. There are three conditions which shall warrant the retention of the services of consultants by the department:
(1) The magnitude of the work involved in a project is determined to be so taxing to the department's available manpower that it will be necessary to defer other essential work if the work is performed by the department staff.
(2) The work required by a project is determined to be of such a specialized nature that the department will be required to go outside its own staff for experts in the appropriate fields to accomplish the work.
(3) The time frame within which the work must be completed is determined to be such that the department cannot undertake the work and maintain its program on schedule.
B.(1) When it is determined by any department section that consulting services are warranted, the section head shall submit a recommendation to 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, stating the need and the supportive reasons for the services, including a description of the project and the estimated cost of the work to be performed.
(2) 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, shall decide if the need to use consultants for professional services for a project is warranted based upon information provided by the section head and the criteria established by Subsection A of this Section.
(3) Approval, when granted, shall be considered as being of a general nature, including not only the obvious components of the project which are immediately identifiable, but also ancillary components identified at any time during the life of the project. An additional selection process shall be used for ancillary components when the total of such ancillary components amounts to more than seventy-five percent of the original contract.
(4) When it is determined by 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, that there is a need for an outside consultant, the selection shall be made in accordance with the provisions of this Part.
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 › §48:287. Advertisement; solicitation list; response procedures

RS 48:287 - Advertisement; solicitation list; response procedures
A. A notice of intent to select a firm for performing consultant services and to request responses from qualified firms and teams shall be advertised by posting it on the department's Internet website. The department shall maintain a solicitation list of consultant firms and teams. The department shall send an email notice to consultant firms and teams on its solicitation list to notify of the posting of an advertisement for consultant services on the department's Internet website. In the case of planning, research, or other specialty services, the department or the Louisiana Transportation Research Center may send notices to firms which, to the knowledge of the department or the Louisiana Transportation Research Center, may have experience in such services.
B. Notices shall be advertised a minimum of ten business days prior to the deadline for receipt of responses.
C. If the department deems that the number of responses received is inadequate, the project may be readvertised using additional media or publications in an attempt to solicit additional responses.
D.(1) The advertisement shall detail all information to be submitted in response to the advertisement. In all cases, a properly completed current department response form shall be submitted by applicants. The response forms shall be made available by the department. If additional information to that provided by the response form is required, it shall be so noted in the advertisement.
(2) The applicant shall transmit the response form and any other required information, to the department prior to the deadline shown in the advertisement. Responses which do not meet the requirements provided for in this Subsection shall not be considered. The department shall consider false or misrepresented information furnished in response to the advertisement as grounds for rejection.
E. There shall be no advertisement when noncompetitive selection is utilized.
Acts 1991, No. 784, §1; Acts 1999, No. 1284, §3; Acts 2009, No. 255, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:288. Audit requirements

RS 48:288 - Audit requirements
A. Any consulting firm doing business with the department shall maintain accounting records which segregate job costs as prescribed by the department's audit section. Negotiated contracts may require a pre-award audit. Post audits may also be required. Predetermined fee contracts may be audited during the course of the contract, or within three years of final contract payment.
B. Any consultants doing business with the department shall be required to submit to the department audit assurance as set forth in the "Consultant Contract Services Manual", except that consultants doing business with the Louisiana Transportation Research Center shall comply with its "Manual of Research Procedures". Guidance may also be obtained from the audit section of the department.
C. Contracts entered into with the department may specify a manpower relationship which the consultant will be expected to maintain. For engineering contracts, this relationship shall be based on the total of the estimated engineering, supervision, and principal man-hours expressed as a percentage of the total estimated man-hours in all salary classifications. The department shall monitor this relationship by means of the consultant's progress schedules, invoices, or audits.
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 › §48:289. Compliance with Civil Rights Act of 1964

RS 48:289 - Compliance with Civil Rights Act of 1964
A. Department personnel when selecting consultants and contractors who are doing business with the department shall comply with Title VI of the Civil Rights Act of 1964, as amended to provide that no person in the United States shall, on the basis of race, color, sex, or national origin, be excluded from participation in any program or activity receiving federal financial assistance.
B. As prescribed in Title 49 of the Code of Federal Regulations Part 26, the department shall ensure that maximum opportunity is afforded to socially and economically disadvantaged individuals to compete for and participate in consultant contracts.
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 › §48:290. Requirements of consultants

RS 48:290 - Requirements of consultants
A. Preconstruction or construction services consultant engineering firms shall meet the following requirements to be considered for employment by the department:
(1) At least one principal of a firm under consideration shall be a registered professional engineer in the state of Louisiana.
At least one principal or other responsible member shall be currently registered in Louisiana as a professional engineer in the major discipline required for the project. In the case of a land surveying contract, one principal or responsible member shall be currently registered as a professional land surveyor in Louisiana.
(2) At least one principal or responsible member shall have had a minimum of five years experience in responsible charge of the engineering field or fields involved.
B. To be considered for employment for planning, or environmental studies, a consulting firm must meet the following requirements:
(1) At least one of the principals of the firm shall be professionally competent in the field or fields of expertise required for the project.
(2) At least one principal or responsible member of the firm shall have had a minimum of five years experience in responsible charge of or major expertise in the field or fields involved.
C. Requirements or considerations for consultants for preconstruction or construction services and planning, environmental or research studies are, as follows:
(1) Special qualifications to meet particular project needs may be established by the department. These qualifications shall be published in the advertisement for consultant services if established.
(2) A minimum manpower requirement shall be published in the advertisement for consultant services where appropriate.
(3) The department will not consider joint ventures for consulting services, except in rare cases and only after written justification.
D. Sub-consultants providing engineering or land surveying services are bound by the requirements for consultants. Sub-consultants providing other than engineering or land surveying services must demonstrate that qualified personnel are in responsible charge. All sub-consultants are subject to department approval, either at the time of selection or thereafter.
E. Firms may be disqualified from being selected when such firm:
(1) Has received a letter stating that the firm is significantly behind the approved time schedule for completion of any phase of an existing contract with the department.
(2) Has a record of unsatisfactory performance on department projects.
Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.