Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter A - Authority, Exemptions, Definitions, Scope › Section I-1905 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The definitions
				  found in the Louisiana Highway Regulatory Act, specifically
				  R.S. 32:1
				  and the Towing and Storage Act, specifically,
				  R.S.
				  32:1711 et seq., are applicable to these
				  rules and shall have the same meaning indicated unless the context clearly
				  indicates otherwise.
Authorized Agent
- a suitable company
					 authorized by the department in accordance with this Chapter to process and
					 exchange the Official Report of Stored Vehicle information.
Automobile Liability Coverage
- insurance
					 which covers damage to property and/or personal injury to third parties.
Deputy Secretary
- the deputy secretary of
					 the Department of Public Safety and Corrections, Public Safety Services.
Garage Keepers Legal Liability Insurance
-
					 insurance which provides coverage to owners of storage facilities, garages,
					 parking lots, body and repair shops, etc., for liability as bailees with
					 respect to damage or loss to vehicles and contents left in their custody for
					 safe keeping or repair.
Garage Liability Insurance
- liability
					 insurance covering storage facilities, automobile dealers, garages, repair
					 shops, and service stations against claims of bodily injury and property damage
					 that may arise through operation of such businesses.
Gross Combination Weight Rating (GCWR)
-
					 the value specified by the manufacturer as the loaded weight of a combination
					 (articulated) motor vehicle. In the absence of a value specified by the
					 manufacturer, GCWR will be determined by adding the GVWR of the power unit and
					 the total weight of the towed unit and any load thereon.
Gross Vehicle Weight Rating (GVWR)
- the
					 value specified by the manufacturer as the loaded weight of a single motor
					 vehicle.
Law Enforcement Hold
- a hold placed on a
					 specific vehicle by a law enforcement agency due that vehicle's evidentiary
					 value in an active investigation.
License Holder
- shall include, but not be
					 limited to, a tow truck operator, towing service, storage facility or other
					 entity requiring licensure pursuant to this Chapter.
Non-Consensual Storage
- the storage or
					 possession of a vehicle by an individual or storage facility operator without
					 prior consent or authorization of the vehicle's owner or operator for the
					 purpose of charging fees or obtaining ownership. Prior consent or authorization
					 shall be documented by the storage facility by providing a written storage
					 contract as outlined in
					 R.S.
					 32:1722(C).
Non-Consensual Towing
-the movement or
					 transportation of a vehicle by a tow truck without the prior consent or
					 authorization of the owner or operator of the vehicle. This includes private
					 property tows conducted in accordance with the provisions of
					 R.S.
					 32:1736 and tows by law enforcement or other
					 public agencies. Whenever an owner or operator of a vehicle requests a law
					 enforcement officer or other public agency to initiate a tow, such tow shall be
					 considered non-consensual and subject to Louisiana Public Service Commission
					 tow rates.
Offending Vehicle
- the tow truck for which
					 a violation of law, rule or regulation has been cited by the department and a
					 administrative penalty has been assessed.
Offense
- shall be synonymous with
					 violation and mean any infraction of law, rule or regulation promulgated in
					 accordance with this Chapter.
On-Hook/In Tow Coverage
- insurance
					 specifically covering tow truck operators when engaged in the recovery, towing
					 or transporting of a vehicle.
Owner
- the last registered owner of a
					 vehicle as shown on the records of the Office of Motor Vehicles and/or the
					 holder of any lien on a vehicle as shown on the records of the Office of Motor
					 Vehicles and/or any other person who has a documented ownership interest in a
					 vehicle.
Place of Business
- a permanent structure
					 located within Louisiana used for business, staffed during regular business
					 hours, equipped with phone and utility services including water, sewer, and
					 electric, and houses records and other appropriate or required
					 documents.
Responsible Party
- the principal person or
					 business that is civilly liable or criminally culpable for the occurrence or
					 commission of a violation of law, rule or regulation.
Storage Area
- an approved building,
					 structure, yard, or enclosure used for the purposes of storing vehicles in
					 Louisiana.
Storage Facility
- any business or company
					 that receives direct or indirect compensation for storing vehicles in
					 Louisiana.
Tow Truck
-any motor vehicle equipped with
					 a boom or booms, winches, slings, tilt beds, semi-trailers, and/or similar
					 equipment designed for the towing and/or recovery of vehicles and other objects
					 which cannot operate under their own power or for some reason must be
					 transported by means of towing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.