reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter A - Types of License Plates and Removal of Plates › Section III-329 - Removal of License Plate When Owner/Operator Is Suspended

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the time of a
				  law enforcement stop, if the operator of the vehicle is found to have a
				  suspended license and it is further determined that operator is the sole owner
				  of the vehicle the following will occur.
1.
				  Notice of suspension ticket will be issued to the operator of the
				  vehicle.
2. A sticker will be
				  placed on the back of the rear windshield of the vehicle being
				  operated.
3. The law enforcement
				  office will remove the plate from the vehicle.
4. The officer will turn the ticket and the
				  plate into the local Office of Motor Vehicles office within three business
				  days.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter A - Types of License Plates and Removal of Plates › Section III-331 - Dealer Plates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Dealer
				  plates shall only be issued to dealers that possess a current license issued by
				  either the Louisiana Motor Vehicle Commission or the Louisiana Used Motor
				  Vehicle Commission.
B. The fee
				  shall be issued in accordance to
				  R.S.
				  47:473(E). Plate shall be
				  valid for one year.
C. Upon
				  issuance or renewal of a dealer plate, the applicant shall submit a copy of the
				  current license as described in Subsection A as well as proof of
				  insurance.
D. Dealers licensed by
				  the Louisiana Motor Vehicle Commission shall be issued dealer plates that
				  differ in appearance from those issued to dealers licensed by the Louisiana
				  Used Motor Vehicle Commission.
1. Plates
				  issued to dealers licensed by the Louisiana New Motor Vehicle Commission shall
				  be printed on a gold background with black lettering.
2. Plates issued to dealers licensed by
				  Louisiana Used Motor Vehicle Commission shall be printed on a white background
				  with blue lettering.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter A - Types of License Plates and Removal of Plates › Section III-333 - Louisiana Educator License Plate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility. Applicants for the Louisiana
				  educator license plate shall include any educator educated or employed in
				  Louisiana.
B. Requirements. A
				  notarized affidavit to certify that applicant is an educator who received
				  his/her degree from a Louisiana college/university (must name
				  college/university) or is currently employed as an educator (must name specific
				  school). In lieu of the affidavit, proof of degree and employment will be
				  acceptable. Applicant shall provide proof of employment as an educator. A
				  photocopy of the registration certificate of the vehicle on which the plate
				  will be placed if the vehicle is currently registered. If the vehicle is not
				  registered, proper title documentation and fees must be submitted along with
				  the request for the Louisiana educator license plate.
C. Fee. The fee for issuance of a Louisiana
				  educator license plate shall be in accordance with
				  R.S.
				  47:463.11. The fee for transferring such
				  plate to another vehicle shall be a $3 transfer fee in addition to a handling
				  fee. The plates are subject to regular renewal requirements.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:463.44.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter A - Types of License Plates and Removal of Plates › Section III-335 - Retired Law Officer License Plate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility. Applicants for the retired
				  law officer plate shall include any person who was employed as a law officer
				  for 12 years or more.
B.
				  Requirements. The applicant shall provide proof of employment as a law officer
				  for twelve years or more, regardless of whether or not that person is a member
				  of, or is receiving retirement benefits from a retirement system for law
				  officers. A notarized affidavit from the applicant to include the applicant's
				  place of employment and statements attesting that the applicant was not
				  discharged for misconduct related to his employment and has not been convicted
				  of any felony. The affidavit must be submitted at initial issuance and at each
				  renewal. A photocopy of the registration certificate of the vehicle on which
				  the plate will be placed if the vehicle is currently registered. If the vehicle
				  is not registered in the applicant's name, then all necessary documentation
				  required for titling of the vehicle must be submitted along with the request
				  for the retired law officer license plate.
C. Fee. The fee for issuance of a retired law
				  officer license plate shall be in accordance with
				  R.S.
				  47:463.24. A $3 fee and a handling fee shall
				  be due to transfer the plate to another vehicle in the applicants name. The
				  plates are subject to regular renewal requirements.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:463.24.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter A - Types of License Plates and Removal of Plates › Section III-337 - Military Surplus Motor Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Eligibility. Applicants for the military surplus motor vehicles specialty plate
				  must be at least 21 years of age and possess a valid drivers license.
B. Requirements. To obtain a military surplus
				  motor vehicles specialty plate, the applicant shall submit a certification form
				  that the vehicle is capable of being safely operated on the highways of this
				  state. Any military surplus motor vehicle found to be non-compliant to the
				  requirements in
				  R.S.
				  47:471, or otherwise deemed unsafe to be
				  operated on the highways of this state are subject to the registration being
				  suspended. A military surplus license plate shall be issued to military surplus
				  vehicles. Military surplus vehicles registered to a public entity shall be
				  issued a public plate. Military surplus plates used in a commercial capacity
				  shall be issued the appropriate plate for the class as defined in
				  R.S.
				  47:462. An affidavit of physical inspection
				  will be required when there is an invalid character in the vehicle
				  identification number or if the vehicle identification number fails the edit
				  check. Any military surplus motor vehicle operated upon the highway of this
				  state shall have liability insurance with the same minimum limits as required
				  by the provisions of
				  R.S.
				  32:900(B). A photocopy of
				  the registration certificate of the vehicle on which the plate will be placed
				  if the vehicle is currently registered. If the vehicle is not registered,
				  proper title documentation and fees must be submitted along with the request
				  for the military surplus motor vehicles specialty license plate.
C. Fee. The fee for issuance of a military
				  surplus motor vehicles specialty license plate shall be the standard motor
				  vehicle license tax imposed by article VII, section 5 of the constitution of
				  Louisiana, based upon the make and model of the military surplus vehicle. The
				  plates are subject to regular renewal requirements.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:667(A).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter B - Vehicle Registration License Tax › Section III-351 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Subchapter, the following terms have the meanings described below.
Acquired
- any transfer of full ownership
					 from one juridical person to another including but not limited to sales,
					 dations, donations, exchanges, or inheritances.
Assistant Secretary
- the assistant
					 secretary of the Department of Public Safety and Corrections, Office of Motor
					 Vehicles.
Damage
- the dollar value of repairs to the
					 motor vehicle necessary to return the motor vehicle to its fair market
					 value.
Department
- the Department of Public
					 Safety and Corrections, Office of Motor Vehicles.
Low Bills of Sale
- values determined to be
					 below the full loan value as shown by the most current
N.A.D.A.
					 Official Used Car Guide, South-Western Edition
(or its
					 successor).
Motor Vehicle
- each passenger carrying
					 automobile, van, or other motor vehicle carrying only passengers and their
					 personal effects exclusively, not meeting the requirements of
					 R.S.
					 47:463.5 or using or operating on rails or
					 upon permanent tracks and operated only for personal use.
N.A.D.A. Official Older Used Car Guide
-
					 periodical published by the National Appraisal Guide, Inc., which contains
					 value projections of used motor vehicles for years not covered by the
N.A.D.A. Official Used Car Guide, South-Western
					 Edition
.
N.A.D.A. Official Used Car Guide, South-Western
					 Edition
- periodical published by N.A.D.A. Official Used Car Guide
					 Company which contains value projections of used motor vehicles.
Trial Court of Limited Jurisdiction
- a
					 court other than a district court having jurisdiction over civil matters
					 including but not limited to city courts, parish courts, justice of the peace
					 courts, and mayor's courts.
Value Guide to CARS of Particular
					 Interest
- periodical published by CPI, Ltd., which contains value
					 projections of domestic and imported collectible cars produced since
					 1946.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:463(A)(2).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter B - Vehicle Registration License Tax › Section III-353 - Valuation of Vehicles under the Vehicle Registration License Tax Registered on or after January 1, 1990

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				  all Louisiana motor vehicle registrations that were issued prior to and expire
				  on or after January 1, 1990, the renewal tax shall be assessed and collected as
				  provided in §357, except that the value of the motor vehicle for purposes
				  of the vehicle registration license tax shall be $10,000 at the time of the
				  first renewal of the registration after January 1, 1990, and for each
				  subsequent renewal of the registration until such time as the motor vehicle is
				  transferred to a new owner, or the registration is canceled and the license
				  plate is returned to the Office of Motor Vehicles.
B. For all Louisiana motor vehicle
				  registrations that are issued on or after January 1, 1990, the value of the
				  motor vehicle shall be determined as provided in §355, except that the
				  value of the motor vehicle for first and subsequent renewals shall remain the
				  same as was determined at the initial registration and will remain the same
				  until such time as the motor vehicle is transferred to a new owner, or the
				  registration is canceled and the license plate is returned to the Office of
				  Motor Vehicles.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:463(A)(2).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter B - Vehicle Registration License Tax › Section III-357 - Assessment of the Vehicle Registration License Tax

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every motor vehicle registered in
				  Louisiana shall be subject to the motor vehicle license tax at a rate
				  implemented in
				  R.S.
				  47:463(A)(2) as amended by
				  Acts 1989, Second Extraordinary Session, Number 23, §1. The vehicle
				  registration license tax shall be assessed and collected at the time of
				  acquisition and initial registration and at each subsequent renewal of the
				  registration until such time as the motor vehicle is transferred to a new
				  owner, or the registration is canceled and the license plate is returned to the
				  Office of Motor Vehicles.
B. The
				  vehicle registration license tax shall be assessed and collected as follows.
1. Each motor vehicle shall be taxed at a
				  minimum of $10 per year for the first $10,000 value, plus $1 per $1,000 value
				  in excess of $10,000.
2. For the
				  purpose of computing the additional tax of $1 per each $1,000 value, any amount
				  of $500 or more shall be rounded off to the next highest $1,000 and any amount
				  less than $500 shall be disregarded.
3. Except as otherwise provided in this
				  Subchapter, the value of the motor vehicle shall be determined at the time of
				  the first registration.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter B - Vehicle Registration License Tax › Section III-359 - Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any person desiring a ruling on the applicability of
				  R.S.
				  47:463 or any other statute, or the
				  applicability or validity of any rule, to the payment of the vehicle
				  registration license tax as it applies to the transfer, registration, or
				  renewal of the registration of any motor vehicle shall submit a written
				  petition to the assistant secretary. The written petition shall cite all
				  constitutional provisions, statutes, ordinances, cases, and rules which are
				  relevant to the issue presented or which the person wishes the assistant
				  secretary to consider prior to rendering an order or ruling in connection with
				  the petition. The petition shall be typed, printed or written legibly, and
				  signed by the person seeking the ruling or order. The petition shall also
				  contain the person's full printed name, the complete physical and mailing
				  address of the person, and a daytime telephone number.
B. If the petition seeks an order or ruling
				  on a transaction handled by the Office of Motor Vehicles, the person submitting
				  the petition shall notify the person or persons who submitted the transaction,
				  if other than the person submitting the petition, including any lienholder,
				  lessee, and registered owner. Such notice shall be sent by certified mail,
				  return receipt requested. In such case, the petition shall not be considered
				  until proof of such notice has been submitted to the assistant secretary, or
				  until the person petitioning for the order or ruling establishes that the
				  person or persons cannot be notified after a due and diligent effort. The
				  notice shall include a copy of the petition submitted to the assistant
				  secretary.
C. The assistant
				  secretary may request the submission of legal memoranda to be considered in
				  rendering any order or ruling. The assistant secretary or his designee shall
				  base the order or ruling on the documents submitted including the petition and
				  legal memoranda. If the assistant secretary or his designee determines that the
				  submission of evidence is necessary for a ruling, the matter may be referred to
				  a hearing officer prior to the rendering of the order or ruling for the taking
				  of such evidence.
D. Notice of the
				  order or ruling shall be sent to the person submitting the petition as well as
				  the persons receiving notice of the petition at the mailing addresses provided
				  in connection with the petition.
E.
				  The assistant secretary may decline to render an order or ruling if the person
				  submitting the petition has failed to comply with any requirement in §359
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:463(A)(2) and
					 R.S.
					 49:962.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter B - Vehicle Registration License Tax › Section III-361 - Administrative Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department may deny any application to register any motor vehicle if it is
				  determined that information, documentation, or other materials submitted in
				  connection with the application is false, inaccurate, misleading, or
				  incomplete, or if the incorrect amount is submitted as payment of the vehicle
				  registration license tax. The department may retain, or return to the person
				  submitting the application, any such information, documentation or other
				  material. The department, in its discretion, may make copies of the
				  information, documentation or other material prior to returning said things to
				  the person submitting the items. The notice of the denial shall be issued at
				  the time the application is rejected and may be hand delivered to the applicant
				  or the person submitting the application on behalf of the applicant, or may be
				  mailed to the applicant at the discretion of the department.
B. The department may cancel, suspend or
				  revoke the registration of any motor vehicle if it is subsequently determined
				  that information, documentation, or other materials submitted in connection
				  with the application to register the motor vehicle was false, inaccurate,
				  misleading, or incomplete, or if the incorrect amount was submitted as payment
				  of the vehicle registration license tax. The department, in its discretion, may
				  allow the applicant a reasonable opportunity to correct any problems prior to
				  canceling, suspending, or revoking the registration. The notice of
				  cancellation, suspension, or revocation shall be mailed to the
				  applicant.
C. The applicant shall
				  have 30 days from the date of any notice required by
				  §361 to request an administrative hearing
				  to review the action of the department. Any request for an administrative
				  hearing shall only be mailed to the department at P.O. Box 64886, Baton Rouge,
				  Louisiana, 70896-4886, or hand delivered to the Office of Motor Vehicle
				  Headquarters in Baton Rouge, Louisiana.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:463(A)(2).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter B - Vehicle Registration License Tax › Section III-363 - Payment under Protest

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  resisting the payment of any amount of the tax imposed by
				  R.S.
				  47:463 shall provide notice to the assistant
				  secretary at the time of the payment of the tax of the person's intention to
				  file suit for the recovery of the contested amount of the tax.
B. If the contested payment of the license
				  registration tax is submitted with an application for registration to a public
				  tag agent, the applicant's notice required in §363. A shall be submitted
				  to the public tag agent and a copy of the notice sent to the assistant
				  secretary.
C. If a person other
				  than the applicant for registration of the motor vehicle submits the contested
				  payment with the application to the department, the applicant's notice required
				  in §363. A shall be submitted to the department by the person submitting
				  the application.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:463(B).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter B - Vehicle Registration License Tax › Section III-365 - Valuation of Motor Vehicles Awarded Pursuant to a Judgment of a Court of Limited Jurisdiction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following guidelines shall be used when determining the value of a motor
				  vehicle, the ownership of which is acquired pursuant to a written judgment of a
				  trial court of limited jurisdiction.
1. If the
				  written judgment or the written reasons for judgment do not indicate that the
				  court made a determination as to the value of the motor vehicle, the value
				  shall be determined pursuant to §355
2. If the written judgment or the written
				  reasons for judgment contain a determination as to the value of the motor
				  vehicle, and such value is not less than the value of the vehicle as determined
				  in §355, then the motor vehicle shall be valued at such amount for
				  purposes of collecting the vehicle registration license tax.
3. If the written judgment or the written
				  reasons for judgment contain a determination as to the value of the motor
				  vehicle, and such value is less than the value of the vehicle as determined in
				  §355, then the following shall apply.
a.
				  If the judgment or reasons for judgment contain specific factual findings as to
				  why that particular value was assigned to the motor vehicle, then the motor
				  vehicle shall be valued at such amount for purposes of collecting the vehicle
				  registration license tax.
b. If the
				  judgment or reasons for judgment do not contain specific factual findings as to
				  why that particular value was assigned to the motor vehicle, then the motor
				  vehicle shall be valued pursuant to §355 B
4. Any judgment that is not reduced to
				  writing shall not be used in the determination of the value of the motor
				  vehicle for purposes of this Subchapter.
5. If the person submitting the application
				  to register the motor vehicle refuses to pay the vehicle registration license
				  tax as required in §365, the department shall deny or refuse the
				  transaction.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter B - Vehicle Registration License Tax › Section III-367 - Driver Privacy Protection Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  individual who is an applicant for a certificate of title, or a new or renewed
				  motor vehicle registration, shall be given the opportunity to prohibit the
				  disclosure of personal information as defined in LAC 55, Part III, Chapter 5,
				  §553, Subchapter B, by completing the department's approved form, and
				  submitting the form to the department as required in the instructions on the
				  form. An individual may submit a properly completed form to the department at
				  anytime without having to transact any other business with the department. A
				  form which is incomplete or which is illegible shall not be processed and shall
				  not be returned.
B. Until the
				  department receives a properly completed form from an individual, the personal
				  information provided by the individual to the department shall be considered a
				  public record as provided in
				  R.S.
				  44:1 et seq.
C. Upon receipt of a properly completed form,
				  the department will code the individual's record to reflect the proper
				  disclosure code pursuant to the option chosen on the form.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:401 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter C - Tax Exemption for Certain Trucks and Trailers Used 80 Percent of the Time in Interstate Commerce › Section III-381 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in
				  Subchapter C, the following terms have the meanings described below.
Base Plate State
-the state which issues an
					 apportioned license plate pursuant to the International Registration
					 Plan.
Department
-Department of Public Safety and
					 Corrections, Office of Motor Vehicles.
Eligible Contract Carrier Buses
-those
					 buses used at least 80 percent of the time in interstate commerce.
Established Place of Business
-a physical
					 structure, owned, leased, or rented by the applicant, which has a publicly
					 listed telephone, and has persons physically located at the business location
					 for the purpose of conducting business operations.
Person
-includes person, corporation,
					 partnership, limited liability company, firm, association or other legal entity
					 formed to conduct business.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:305.50 and
					 R.S.
					 47:321.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter C - Tax Exemption for Certain Trucks and Trailers Used 80 Percent of the Time in Interstate Commerce › Section III-383 - Exemption from Sales Tax

Current through Register Vol. 50, No. 6, June 20, 2024
A. Trucks with
				  a minimum gross weight of 26,000 pounds, trailers, and contract carrier buses
				  used at least 80 percent of the time in interstate commerce may claim a sales
				  and use tax exemption.
B. The term
trucks
and
trailers
shall have the same
				  meaning as the terms
truck, trailer, road tractor, or semi-trailer,
				  tandem truck, tractor, and truck tractor
as defined in
				  R.S.
				  47:451. The term
bus
shall
				  mean a commercial vehicle with a minimum passenger capacity of 35 persons and a
				  minimum gross weight of 26,000 pounds. The term
contract
				  carrier
shall mean any person transporting, other than as a common
				  carrier, persons for hire, charge, or compensation.
C. Eligible trucks and trailers purchased or
				  previously registered out of state and being titled using a tax date between
				  July 1, 1996 through September 30, 1996 are exempt from partial state tax (1
				  percent recovery district tax will be due) and all local parish/municipality
				  tax. Those trucks and trailers purchased or previously registered out of state
				  using a tax date on or after October 1, 1996, are exempt from all state and
				  local parish/municipality tax. Business must be conducted in two or more states
				  with Louisiana being the base plate state, therefore, only trucks which are
				  obtaining apportioned license plates are eligible to receive this
				  exemption.
D. Eligible contract
				  carrier buses which were purchased or previously registered out of state and
				  being titled using a tax date on or after July 1, 1998 are also exempt from all
				  state and local parish/municipality tax. These buses shall be issued hire-bus
				  or hire-passenger plates.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:305.50 and
					 R.S.
					 47:321.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter C - Tax Exemption for Certain Trucks and Trailers Used 80 Percent of the Time in Interstate Commerce › Section III-385 - Exemption Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  exemption certificate must be completed by the applicant and submitted along
				  with proper title documentation and applicable fees. A separate exemption
				  certificate is required for each vehicle and must contain a complete
				  description of the vehicle, including year, make, and vehicle identification
				  number.
B. For contract carrier
				  buses, the applicant must also present proof in the form of a common carrier
				  certificate or permit issued by the Federal Highway Administration.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:305.50 and
					 R.S.
					 47:321.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter C - Tax Exemption for Certain Trucks and Trailers Used 80 Percent of the Time in Interstate Commerce › Section III-387 - Business Location in Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the vehicle is being titled in the name
				  of a company, proof that the company has an established place of business in
				  the state of Louisiana must be furnished. Unless it can be determined that the
				  company has been issued an employer identification number (EIN) for a
				  Louisiana-based company (EIN should begin with 72) and other vehicles have been
				  registered in that company's name, two of the following items must be submitted
				  as proof that the company has an established place of business:
1. a copy of the Tax Registration Certificate
				  issued by the Louisiana Department of Revenue indicating the Louisiana Tax
				  Identification Number;
2. a copy of
				  the Articles of Incorporation and the Initial Report as filed with the
				  Louisiana Secretary of State. These documents should be photocopied and
				  returned to the applicant in the event he wishes to purchase an apportioned
				  license plate;
3. a Certificate of
				  Authority issued by the Louisiana Secretary of State authorizing an
				  out-of-state based corporation to transact business in the state of
				  Louisiana;
4. a copy of the
				  applicant's occupational license;
5. a copy of a lease or rental agreement on
				  property within the state of Louisiana, indicating the lessee is the same
				  business as reflected on the exemption certificate.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter C - Tax Exemption for Certain Trucks and Trailers Used 80 Percent of the Time in Interstate Commerce › Section III-391 - Administrative Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department may suspend, cancel, or revoke any exemption granted pursuant to
				  Subchapter C if the department determines that the person does not meet the
				  eligibility requirements for the exemption, or if the person has submitted
				  false, incorrect, incomplete, or misleading information in connection with his
				  application for an exemption.
B.
				  Each applicant as well as each person granted an exemption pursuant to this
				  Subchapter shall maintain the records establishing the person's eligibility for
				  the exemption at the Louisiana business address given in the application. Each
				  applicant as well as each person granted an exemption pursuant to this
				  Subchapter shall make his records available for inspection and copying to any
				  representative of the department or of the Department of Revenue and Taxation
				  during the hours of 8 a.m. to 5 p.m. Monday through Friday and at any other
				  time the person is conducting business at the location where the records are
				  stored. Additionally, each applicant as well as each person granted an
				  exemption pursuant to this Subchapter shall make his business premises
				  available for inspection by any representative of the department or of the
				  Department of Revenue and Taxation during the hours of 8 a.m. to 5 p.m. Monday
				  through Friday and at any other time the person is conducting
				  business.
C. Any request for an
				  administrative hearing to review any action, order, or decision of the
				  department shall be in writing and submitted to the department within 30 days
				  of the date the action, order or decision was mailed or hand delivered, as the
				  case may be. The written request for a hearing shall be mailed to the:
Department of Public Safety and Corrections
Office of Motor Vehicles
Hearing Request, (at) P. O. Box 64886
Baton Rouge, Louisiana 70896-4886
or hand delivered to the:
Office of Motor Vehicle Headquarters (in)
Baton Rouge, Louisiana.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:305.50 and
					 R.S.
					 47:321.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter C - Tax Exemption for Certain Trucks and Trailers Used 80 Percent of the Time in Interstate Commerce › Section III-393 - Declaratory Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Any person desiring a ruling on the
				  applicability of any statute, or the applicability or validity of any rule, to
				  the regulation of the sales and use tax exemption of this Subchapter shall
				  submit a written petition to the assistant secretary. The written petition
				  shall cite all, constitutional provisions, statutes, ordinances, cases, and
				  rules which are relevant to the issue presented or which the person wishes the
				  assistant secretary to consider prior to rendering an order or ruling in
				  connection with the petition. The petition shall be typed, printed or written
				  legibly, and signed by the person seeking the ruling or order. The petition
				  shall also contain the person's full printed name, the complete physical and
				  mailing address of the person, and a daytime telephone number.
2. If the petition includes reference to a
				  specific transaction handled by the department, or if the petition relates to
				  the grant or denial of a sales and use tax exemption, then the person
				  submitting the petition shall also submit proof that he has notified all of the
				  persons involved in the transaction or issuance, revocation, cancellation,
				  granting, or denial of the exemption by certified mail, return receipt
				  requested. If the person is unable to notify the involved person or persons
				  after otherwise complying with the notice requirement, he shall so state in his
				  petition.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter D - Title Transactions › Section III-395 - Donations by Manual Gift at a Louisiana Motor Vehicle Commission Licensed Dealer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The donation
				  of a titled motor vehicle by manual gift as provided by
Civil
				  Cod
e article 1543 and documented by delivery of the motor vehicle's
				  previously issued certificate of title that is executed by the donor-owner may
				  be submitted to the Office of Motor Vehicles in connection with a motor vehicle
				  transaction by a Louisiana Motor Vehicle Commission licensed dealer.
B. Subsequent to donation of a titled motor
				  vehicle by manual gift authorized in the previous paragraph, the licensed
				  dealer shall cause the donor and the donee to execute the form approved by the
				  department that memorialized the fact the donation was accomplished by manual
				  gift. This completed form, together with the previously issued title, duly
				  endorsed, shall accompany the paperwork submitted by, or on behalf of the
				  dealer, to the Office of Motor Vehicles.
C. Any transaction, which includes a donation
				  by manual gift, submitted by, or on behalf of the dealer, to the Office of
				  Motor Vehicles, which does not include the completed form required in this
				  Section, shall not be processed and shall be returned to the dealer who
				  submitted the transactions.
D.
				  Nothing in this Section shall prohibit a dealer licensed by the Louisiana Motor
				  Vehicle Commission from submitting a transaction which includes a donation by
				  authentic act.
E. Donations of
				  motor vehicles not associated with a transaction by a dealer licensed by the
				  Louisiana Motor Vehicle Commission shall be by authentic act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:705.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter D - Title Transactions › Section III-397 - Water Damaged Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A. A motor
				  vehicle whose power train, computer, or electrical systems have sustained water
				  damage that does not meet the criteria for a salvage title or a certificate of
				  destruction, shall be issued a branded title indicating the vehicle has
				  sustained water damage.
B. The
				  power train shall include the main components that generate power and deliver
				  the power to the road surface, including but not limited to the engine, the
				  transmission or transaxle including associated axles and CV joints, the drive
				  shafts, and the differentials.
C.
				  The insurance company, owner, or dealer, applying for the water damage brand on
				  a motor vehicle which does not meet the criteria for a salvage title or
				  certificate of destruction shall provide documentation satisfactory to the
				  Office of Motor Vehicle documenting the value of the vehicle, the damages
				  sustained, the circumstance that caused the damage, and the amount of the costs
				  of the repairs to the vehicle which establish the vehicles eligibility for the
				  brand authorized in this Section.
D. A vehicle which meets the criteria for a
				  salvage title or a certificate of destructions shall not be issue the
				  certificate of title with the water damage brand authorized in this section. A
				  vehicle which meets the criteria salvage title or certificate of destruction
				  shall be issued the respective title document associated with its damages and
				  the circumstances that caused the damages.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:707(O).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 3 - License Plates and Removal of Plates, Registrations, and Title Transactions › Subchapter D - Title Transactions › Section III-398 - Odometer Disclosure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Federal Truth in Mileage Act requires the seller of a motor vehicle to provide
				  an odometer disclosure to the buyer at the time of sale or transfer of
				  ownership. A completed odometer disclosure must be provided for all non-exempt
				  vehicles at the time of application for title.
1. Beginning January 1, 2021, vehicles of
				  model year 2011 and newer will be subject to odometer disclosure for 20
				  years.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 4 - Ignition Interlock Devices › Subchapter A - Specifications for Electronic Reporting of Interlock Device Installation/Removal › Section III-401 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective August
				  15, 2011, Act 192 of the 2011 Regular Session of the Louisiana Legislature
				  requires ignition interlock device reports to be submitted electronically. The
				  person whose driving privilege is restricted pursuant to this Section, or which
				  has been reinstated pursuant to
				  R.S.
				  32:667(I), shall have the
				  system monitored by the manufacturer, at the manufacturer's expense, for proper
				  use at least bi-monthly, and more frequently as the court may order, on the
				  operation of each interlocking ignition device in the person's vehicles. A
				  report of such monitoring shall be issued by the manufacturer to the court and
				  the department within fourteen days after the system is monitored. However, the
				  report issued to the department shall be in an electronic format specified by
				  the department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:378.2(H).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 4 - Ignition Interlock Devices › Subchapter A - Specifications for Electronic Reporting of Interlock Device Installation/Removal › Section III-403 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Authorized Manufacturer
-name of
					 manufacturers approved by State Police Applied Technology.
Business Days
-
business
					 days
are Monday through Friday, between 8 a.m. and 4:30 p.m. central
					 time.
Business days
do not include Saturday, Sunday or state
					 holidays, or any other holiday declared by the governor.
Department
-Department of Public Safety and
					 Corrections, Office of Motor Vehicles.
Edit Error
-a record submitted by an
					 authorized manufacturer unacceptable for filing purposes due to the absence of
					 information in a required field or the presence of invalid information in the
					 key data fields is an
edit error
. Key data fields are
					 identified and detailed in §405. A record which is returned to an
					 authorized manufacturer as an
edit error
is not a filing. The
					 record shall be corrected and re-reported within 15 business days of the
					 return-date.
Return Filing Report
-a report prepared by
					 the department for an authorized manufacturer following completion of
					 processing and editing of data. The report will contain any error records or,
					 if no errors are found, a message stating "No Errors in File". It is the
					 responsibility of the authorized manufacturer to review and take the necessary
					 corrective action as required by these rules and regulations. If the file
					 cannot be processed, no return report will be sent. The file must be corrected
					 and all of the filing records must be resubmitted. None of the filing records
					 submitted with an incomplete or incorrect header record will be
					 accepted.
Test File Indicator
-if the submitted file
					 is a test file, the
test file indicator
must be set in the
					 header record to insure that the test records are not uploaded to the database.
					 The IT staff must be contacted to schedule a test prior to the test file being
					 uploaded to the server.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:378.2(H).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 4 - Ignition Interlock Devices › Subchapter A - Specifications for Electronic Reporting of Interlock Device Installation/Removal › Section III-405 - Record Formats

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following format shall be used by an authorized manufacturer for submitting
				  electronic filing of the report required by
				  R.S.
				  32:378.2(H).
1. Header Record
Char Pos
Type
Data Description
Format
1 - 4
Num (4)
Manufacturer Code
5 - 12
Num (8)
Date Created
CCYYMMD D
13 - 19
Num (7)
Number of Records in Filing
9999999
20 - 20
Alpha (1)
Test File Indicator
T (Test) or
P
(Production)
21 - 176
Alpha (156)
Filler
Spaces
177 - 177
Num (1)
Record Type
3 (Header)
2.
				  Interlock Filing Record
Char Pos
Type
Data Description
Format
1 - 9
Num (9)
Drivers License Number
Right justified, zero fill if not available
10 - 49
A/N (40)
Driver Name
Last, First
50 - 57
Num (8)
Driver DOB
CCYYMMDD
58 - 77
A/N (20)
Driver Street
78 - 92
Alpha (15)
Driver City
93 - 94
Alpha (2)
Driver State
95 - 99
Num (5)
Driver Zip Code
100 - 116
A/N (17)
VIN
117 - 119
A/N (3)
Installer ID Code
120 - 139
A/N (20)
Manufacturers Name
140 - 159
A/N (20)
Machine Serial Number
160 - 167
Num (8)
Installation Date
CCYYMMDD
168 -175
Num (8)
Removal Date
CCYYMMDD
176 - 176
Num (1)
Reporting Type
1, 2, 3, 4, or 5
177 - 177
Num (1)
Record Type
1 (Data Record)
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 4 - Ignition Interlock Devices › Subchapter A - Specifications for Electronic Reporting of Interlock Device Installation/Removal › Section III-407 - Data Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Files.
				  Authorized manufacturers may only send in one file per day to the secure DMZ
				  move it server. This file must be named XXXX.txt where XXXX is equal to the
				  manufacturer code number assigned to the authorized manufacturer by the
				  department.
B. Records
1. Two types of records may be present on the
				  file.
a. The first record in the file must be
				  a header record and have record type = 3.
b. All subsequent records are the filing
				  records and must have a record type = 1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 4 - Ignition Interlock Devices › Subchapter A - Specifications for Electronic Reporting of Interlock Device Installation/Removal › Section III-409 - Record Descriptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Header
				  Record. The header record has a record type = "3". It must be the first record
				  on the filing. Filings will not be processed if the header record does not pass
				  all edit checks. If an error is encountered in the header record, no return
				  report will be sent back to the servicing agent:
1. manufacturer code-number assigned by DPS
				  IT section to authorized manufacturer. This is a required field;
2. date created-this is the date the file was
				  created. This is a required field;
3. number of records in filing-number of
				  records to be processed (This number should not include the header
				  record.);
4. test indicator-T in
				  the header indicates a test file; P indicates a production file. This is a
				  required field;
5. filler-unused.
				  Should be space filled;
6. record
				  type-use a "3". This is a required field.