reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 33 - Rulemaking Petitions › Section I-3301 - Submission of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In accordance with
				R.S.
				49:953(C)(1), any interested
				person may petition an agency to adopt a new rule, or to amend or repeal an
				existing rule.
B. To petition the
				Office of State Police, commonly known as and hereafter referred to as the
				Louisiana State Police, for the adoption, amending or repeal of any rule, an
				interested person shall submit in writing the Department of Public Safety's
				petition for rulemaking form to Louisiana State Police at 7919 Independence
				Boulevard, Box A-24, Baton Rouge, LA 70806, Attn: Rulemaking Petition, which
				contains the following basic information organized and captioned:
1. the petitioner's name and
				address;
2. the specific rulemaking
				agency to be petitioned within the Department of Public Safety as listed on the
				form;
3. a brief description of the
				facts or justification supporting the petitioner's request for the adoption of
				a rule or the amending of a rule that has already been adopted;
4. suggested specific language or language
				setting forth the substance of the proposed rule or rule change that is being
				requested, which may be attached to, or in addition to, the petition for
				rulemaking form;
5. a copy of each
				and every document upon which the petitioner bases the petitioner's request for
				a rule or a citation of the information and where it can be easily obtained for
				review by the rulemaking agency;
6.
				the petitioner's signature and date of signature.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 33 - Rulemaking Petitions › Section I-3303 - Consideration of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon receipt of a petition for rulemaking form, the superintendent shall
				forward the petition to the agency designee. The agency designee shall review
				the petition for completeness pursuant to the requirements listed in LAC
				55:1.3301.B. If the petition is found to be complete, the agency designee shall
				consider the petition.
B. Within 90
				days of receipt of the petition, the superintendent or the agency designee
				shall either:
1. initiate rulemaking
				procedures to adopt a new rule, or to amend an existing rule; or
2. notify the petitioner in writing of the
				denial to proceed with rulemaking, stating the reason(s) therefore.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-100 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Chapter, the following terms have the meanings described below.
Department
- Department of Public Safety
					 and Corrections, Office of Motor Vehicles, except in the case of commercial
					 driving schools, in which case department shall mean the Department of Public
					 Safety and Corrections, Office of State Police, Safety Enforcement
					 Section.
Driver Privacy Protection Act
- the federal
					 Driver Privacy Protection Act of 1994 (DPPA) (Title XXX of
					 P.L.
					 103-322),  18 U.S.C. §
												2721  et seq., as
					 implemented by the department in the
Louisiana Administrative
					 Code
, Title 55, Part III, Chapter 5, Subchapter B.
Personal Information
- information which
					 includes the full name, complete physical address, and date of
					 birth.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:401 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-101 - General Knowledge Required of All Applicants for a Commercial Driver's License

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  commercial motor vehicle operators must have knowledge of:
1. safe operations regulations-
				  driver-related elements of:
a. motor vehicle
				  inspection, repair, and maintenance;
b. procedures for safe vehicle
				  operations;
c. the effects of
				  fatigue, poor vision, hearing, and general health upon safe commercial motor
				  vehicle operation;
d. the types of
				  motor vehicles and cargoes subject to the requirements of  49 CFR Part 397  and
				  R.S.
				  32:408; and
e. the effects of alcohol and drug use upon
				  safe commercial motor vehicle operations;
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-103 - Examinations and Skills Tests

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  examinations and skills tests shall be constructed in such a way as to
				  determine if the applicant possesses the required knowledge and skills
				  contained in the driver's manual made available to all applicants by the Office
				  of Motor Vehicles and the skills required by these regulations.
B. Each basic knowledge test for any
				  applicable vehicle group shall contain at least 30 items, exclusive of the
				  number of items testing airbrake knowledge or any special
				  endorsements.
C. Each endorsement
				  knowledge test, and the airbrake component of the basic knowledge test, shall
				  contain a number of questions that is sufficient to test the driver applicant's
				  knowledge of the required subject matter with validity and reliability.
1. The driver applicant must correctly answer
				  at least 80 percent of the questions on each knowledge test in order to achieve
				  a passing score.
2. To achieve a
				  passing score on the skills test, the driver applicant must demonstrate that he
				  can successfully perform all of the skills required and achieve at least an 80
				  percent satisfactory completion rating by the examiner.
3. If the driver applicant does not obey
				  applicable traffic laws, or causes an accident during the test, he shall
				  automatically fail the skills test.
4. The scoring of the basic knowledge and
				  skills test shall be adjusted to allow for the airbrake restriction.
5. If the applicant scores less than 80
				  percent on the airbrake component of the basic knowledge test as described
				  above, the driver will have failed the airbrake component, and if the driver is
				  issued a commercial driver's license, an airbrake restriction shall be
				  indicated on said license.
6. If
				  the applicant performs the skills test in a vehicle not equipped with
				  airbrakes, and is issued a commercial driver's license, the airbrake
				  restriction shall be indicated on said license. If the applicant performs the
				  skills test in a vehicle equipped with partial airbrakes (air over hydraulics),
				  and is issued a commercial driver's license, the "no full airbrake" restriction
				  shall be indicated on said license.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-107 - Knowledge and Skills Test for Endorsements to a Commercial Driver's License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  tests are required for endorsements to a commercial driver's license.
1. Double/Triple Trailer Endorsements. In
				  order to obtain a double/triple trailer endorsement an applicant must
				  satisfactory demonstrate knowledge covering:
a. procedure for assembly and hookup of
				  units;
b. proper placement of the
				  heaviest trailer;
c. coupling and
				  uncoupling of units;
d. handling
				  and stability characteristics, including offtracking, response to steering,
				  sensory feedback, braking, oscillatory sway, roll over in steady turns and skid
				  avoidance;
e. potential problems in
				  traffic operations, including problems the double/triple trailer motor vehicle
				  creates for other motorists due to slower speeds on steep grades, longer
				  passing times, possibility for blocking entry or exit of other vehicles on
				  freeways, splash and spray impacts, aerodynamic buffeting, view-blockages and
				  lateral placement; and
f. skills
				  test during which the basic maneuvers specified in
				  §113 must be satisfactorily
				  performed.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-108 - Designations or Restrictions on Driver's Licenses and Identification Cards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Needs
				  Accommodation
1. A special Louisiana driver's
				  license or identification card shall be issued to any applicant upon request
				  who needs accommodation. The designation shall be issued by the Department and
				  exhibited on the driver's license or identification card.
2. A "Needs Accommodation" designation shall
				  be exhibited on a personal class or chauffers class license or identification
				  card.
3. Only applicants with a
				  physical, mental or developmental disability documented as required in
				  Paragraph A.4. of this section are eligible for the designation "Needs
				  Accommodation."
4. All applications
				  for a "Needs Accommodation" designation shall be accompanied by a statement, on
				  a form provided by the Department, from a qualified medical professional
				  licensed in Louisiana or another state or territory of the United States,
				  stating the medical information which establishes the mental, physical, or
				  developmental disability required to obtain the designation authorized in this
				  Section.
5. If the holder of a
				  drivers license or identification card with a "Needs Accommodation" designation
				  no longer wishes to have the designation displayed on the driver's license or
				  identification card, the holder shall return the credential the department for
				  cancellation.
6. No additional fee
				  shall be charged to include such a designation. The charge for a "Needs
				  Accommodation" driver's license or identification card shall be the same as for
				  regular driver's license.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-109 - Color of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  otherwise provided herein, the background of all commercial drivers' licenses,
				  Classes "A", "B", and "C", shall be gold in color and shall specify on the
				  front thereof "commercial driver's license" or "CDL".
B. The background of all driver's licenses
				  issued to minors shall be red in color to insure ease of
				  identification.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:408.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-110 - U.S. Veterans Driver's License

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  special Louisiana driver's license, regardless of its class, shall be issued to
				  any veteran of the Armed Forces of the United States with the word "veteran"
				  exhibited in the color black below the person's photograph on the driver's
				  license.
B. Eligibility. A
				  qualified veteran shall include any veteran who has served 90 days military
				  duty in a branch of the United States Armed Forces.
C. Requirements
1. All applications for veteran driver's
				  license must be accompanied by a DD Form 214 or one of the following Department
				  of Defense form 214 (DD_214) equivalents:
a.
				  Pre DD 214 era documents (1941_1950):
i. WE
				  AGO (war department adjutant general) Forms, to include WD AGO 53, WD AGO 55,
				  WD AGO 53_55;
ii. JAVPERS (naval
				  personnel) discharge documents, to include NAVPERS 553, NAVMC78PD, NAVCG
				  553.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-111 - Change of Name or Sex

Current through Register Vol. 50, No. 6, June 20, 2024
A. Place of
				  Application, Fees, and Forms to Be Used
1.
				  Application for a driver's license with a change of name and/or sex may be made
				  at any driver's license field office in Louisiana or through the mail by
				  writing the Department of Public Safety and Corrections, Office of Motor
				  Vehicles, P.O. Box 64886, Baton Rouge, Louisiana 70896, attention Change of
				  Name and/or Sex. Prior to the issuance of the driver's license, the applicant
				  with a change of name and/or sex shall appear at a driver's license field
				  office.
2. The applicant must
				  complete those forms normally used by the Department of Public Safety in
				  applying for either a new driver's license or a renewal of one's drivers
				  license, as the case may be.
3. The
				  fee for the issuance of the new license with the change of sex and/or name
				  shall be the same as those fees charged for the issuance of new licenses or the
				  renewal of an old license.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-113 - Administrative Hearing Requests for Suspensions and Disqualifications Arising from Tests for Suspected Drunken Drivers

Current through Register Vol. 50, No. 6, June 20, 2024
A. All administrative hearing requests in
				  accordance with
				  R.S.32:667
				  or
				  R.S.
				  32:414.2, for suspensions or
				  disqualification, based upon a submission, or refusal to submit, to the
				  chemical test for intoxication, that are submitted to the Department of Public
				  Safety & Corrections, Office of Motor Vehicles, shall be received by the
				  close of business on the thirtieth day after the date of arrest, or shall be
				  post-marked no later than 30 days from the date of arrest to be deemed
				  timely.
B. In the event the
				  arrested person was unable to make a timely request in regards to
				  R.S.32:667
				  for an administrative hearing during the 30 day period due to incarceration,
				  hospitalization, deployment to the military or due to a Gubernatorial
				  Declaration of Emergency, the person may submit such documentation to the
				  department, post-marked no later than 90 days from the date of arrest, which
				  shall establish the persons inability to timely request the administrative
				  hearing.
C. The written request for
				  a hearing, or for an extension on a hearing request due to one of the above
				  reason, together with the supporting documentation, shall be mailed to:
				  Department of Public Safety and Corrections, Office of Motor Vehicles, Hearing
				  Request, P. O. Box 64886, Baton Rouge, LA 70896-4886; or delivered to the
				  Office of Motor Vehicle Headquarters, 7979 Independence Blvd., Baton Rouge, LA
				  70806.
D. Requests under this
				  Section which are received by the Department of Public Safety and Corrections,
				  Office of Legal Affairs within the time periods provided in Subsections A or B
				  of this Section shall be deemed to be timely.
E. Requests under this section should not be
				  sent directly to the Division of Administrative Law. Sending requests to the
				  Division of Administrative Law may result in such request being untimely when
				  delivered to the Department of Public Safety and Corrections, Office of Motor
				  Vehicles.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:667(A).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-114 - Suspension or Denial of Driving Privileges for Failure to Pay Child Support

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of
				  Motor Vehicles will suspend the drivers license of any person that fails to pay
				  child support upon receipt of a court order or upon notification from the
				  Department of Children and Family Services.
B. Upon receipt of notification the Office of
				  Motor Vehicles will add an indefinite suspension to the drivers license record
				  unless the order of suspension issued by the court specifies a specific time
				  period as provided in
				  R.S.
				  9:315.32(A)(1)(b). In case
				  where a specific time period has not been specified by the court, the drivers
				  license will remain suspended until the Office of Motor Vehicles receives:
1. an order or partial compliance is received
				  from the court and authorizes the issuance of a temporary operator license or a
				  partial release compliance certificate is received from the Department of
				  Children and Family Services.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-115 - Intoxicating Beverages and Controlled Substances

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. No
				  operator of a commercial motor vehicle shall consume an intoxicating beverage,
				  regardless of its alcoholic content, or be under the influence of an
				  intoxicating beverage, or controlled dangerous substance, within four hours
				  before going on duty or operating, or having physical control of a commercial
				  motor vehicle.
2. No operator of a
				  commercial motor vehicle shall consume an intoxicating beverage regardless of
				  its alcoholic content, be under the influence of any intoxicating beverage or
				  controlled substance, or have any measure blood alcohol concentration, or a
				  positive reading for any controlled substance or its metabolite, while on duty
				  or while operating or in physical control of a commercial motor
				  vehicle.
3. Additionally, no
				  operator of a commercial motor vehicle shall be on duty or operate a commercial
				  motor vehicle while in the immediate possession of an intoxicating beverage or
				  controlled substance, regardless of its content. This prohibition does not
				  apply to possession of an intoxication beverage which is manifested and
				  transported as part of a shipment by a commercial motor vehicle.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-118 - Administrative Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department may suspend, revoke or cancel any certification, agreement, license,
				  or permit granting the status of a third-party tester or third-party examiner
				  for any violation of
				  R.S.
				  32:401 et seq., LAC 55, Part III, Chapter 1,
				  or the agreement signed by the third-party tester or third party examiner.
				  Additionally, the department may impose a fine or other sanction for violation
				  of
				  R.S.
				  32:401 et seq., or LAC 55, Part III, Chapter
				  1, or the agreement signed by the third party examiner or third party
				  tester.
B. The department shall
				  deny any application, including any renewal application, for an agreement and a
				  certification, as a third-party tester or third-party examiner if the applicant
				  does not posses the qualification contained in
				  R.S.
				  32:408.1 and LAC 55, Part III, Chapter 1. The
				  department may also deny any renewal application if the department determines
				  that the applicant has not administered skills test in accordance with the law
				  and the agreement between the parties.
C. Any request for an administrative hearing
				  to review the suspension, revocation or cancellation of any certification,
				  license, or permit issued pursuant to
				  R.S.
				  32:408.1 or LAC 55, Part III, Chapter 1, any
				  other action, order or decision of the department regarding a third-party
				  tester or a third-party examiner shall be in writing and received by the
				  department within thirty days of the date the notice was mailed or hand
				  delivered as the case may be.
D.
				  Since the agreement between the parties is subject to contract law, and is not
				  an order or decision for purposes of administrative law, no administrative
				  hearing shall be granted in connection with the denial of an application for a
				  new or renewal application to be certified as a third-party tester or third
				  party examiner.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:408.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-119 - Third-Party Examiners

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons
				  desiring to obtain certified third-party examiner status shall make application
				  to the Department of Public Safety and Corrections, Office of Motor Vehicles on
				  a form prepared and approved by the department, and shall furnish all requested
				  information thereon. In order to obtain certified third-party examiner status,
				  an applicant must, at a minimum, meet the following qualifications:
1. hold a current and valid commercial
				  driver's license for all commercial driver's license classes for which the
				  applicant seeks examiner status, issued either by the state of Louisiana or by
				  a state whose commercial driver's license criteria meets the requirements of
				  the
Code of Federal Regulations
relative to commercial
				  driver's licenses;
2. be employed
				  on a full-time basis by an employer who is a certified third-party
				  tester;
3. has successfully
				  completed an approved third-party examiner training course;
4. applicant must have taken and successfully
				  passed a commercial driver's license written examination;
5. applicant must have no violations, except
				  parking violations, within one year prior to the date of application relative
				  to a commercial motor vehicle or its operation;
6. applicant must have had no convictions,
				  guilty pleas or forfeitures for driving under the influence of alcohol or any
				  controlled dangerous substance in any class of vehicle within three years prior
				  to the date of application;
7.
				  applicant must have had no license suspensions, revocations, cancellations or
				  disqualifications in any class of vehicle within three years prior to the date
				  of application;
8. applicant must
				  be at least 21 years of age;
9.
				  applicant must at least have a high school diploma or equivalent
				  education;
10. must maintain a
				  valid email account and have access to the internet, to interact with certain
				  online systems.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-121 - State Examiners

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to
				  achieve the highest possible standards of consistency and reliability, all
				  commercial driver's license examiners employed on a full-time basis by the
				  Department of Public Safety and Corrections, Office of Motor Vehicles, must, at
				  a minimum, meet the following qualifications:
1. hold a current and valid commercial
				  driver's license issued by the state of Louisiana for all commercial driver's
				  license classes for which the applicant seeks examiner status, if said examiner
				  is to conduct skills testing;
2.
				  have successfully completed the commercial driver's license examiner training
				  course of the National Commercial Driver's License Training Program or
				  successfully complete a commercial driver's license training course of
				  instruction by the Department of Public Safety and Corrections, Office of Motor
				  Vehicle, and present satisfactory certification of same;
3. applicant must have taken and successfully
				  passed a commercial driver's license written examination, if said examiner is
				  to conduct skills testing;
4.
				  applicant must have no violations, except parking violations, within one year
				  prior to the date of application relative to a commercial motor vehicle or its
				  operation;
5. applicant must have
				  had no convictions, guilty pleas or forfeitures for diving under the influence
				  of alcohol or any controlled dangerous substance in any class of vehicle within
				  three years prior to the date of application;
6. applicant must be at least 21 years of
				  age;
7. applicant must have had no
				  license suspensions, revocations, cancellations, or disqualifications in any
				  class of vehicle within three years prior to the date of application;
8. applicant must have at least a high school
				  diploma or equivalent education.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-123 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Commencing April
				  1, 1990 enforcement of all of the requirements and provisions of the Commercial
				  Driver's License Law (R.S.
				  32:401 et seq.) shall begin by the Department
				  of Public Safety and Corrections, Office of Motor Vehicles. This date is
				  necessitated by the administrative requirements of said law and the limitations
				  of the Commercial Driver's License Information System. All violations of the
				  Commercial Driver's License Law shall become part of all license holders'
				  driving records on the above date.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:408.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-125 - Basic Maneuvers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following specified basic maneuvers shall be required to be performed by an
				  applicant for a Class A, B, or C commercial driver's license during the
				  administration of the skills' test. These maneuvers shall be required to be
				  performed in a vehicle of the same class as the license being sought by the
				  applicant.
1. Applicant must perform at least
				  four right and four left turns.
2.
				  Applicant must successfully demonstrate safe and correct operation of the
				  vehicle by performing two intersection stops and two intersection
				  drive-throughs.
3. Applicant must
				  perform the required maneuvers while negotiating 1 1/2 to 2 miles each of rural
				  roads and urban streets.
4.
				  Applicant shall successfully demonstrate safe and correct operation of the
				  vehicle while traversing at least one simulated railroad crossing or one actual
				  railroad crossing.
5. The basic
				  maneuvers to be performed shall include at least one curve.
6. The basic maneuvers to be performed shall
				  include at least one each of an expressway merge and exit, if the same is
				  available in the testing area.
7.
				  Applicant should perform one each of an actual or simulated drive up and down a
				  grade, if same is available in the testing area.
8. Applicant should negotiate at least one
				  overpass.
9. Applicant should
				  successfully demonstrate safe and correct operation of the vehicle while
				  performing at least one each of a stop and start on an actual or simulated
				  grade.
10. Applicant will be graded
				  on skills demonstrated in use of the clutch of the commercial motor vehicle, as
				  well as use of the transmission gears, brakes, steering, obeying of traffic
				  signals and signs and proper lane usage.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-127 - Retesting Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person who
				  takes a second or subsequent test, whether written or driving, administered by
				  the Office of Motor Vehicles in connection with an application for the issuance
				  or renewal of a driver's license, shall pay a nonrefundable fee of
				  $10.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:412(H).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-129 - Renewal by Mail

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				  shall send an invitation to each person qualified to renew his Class "D" or "E"
				  driver's license by mail. This invitation shall be mailed to the last known
				  address of the qualified person 100 days prior to the expiration of the
				  person's driver's license.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:412(D).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-131 - Disqualifications for Mail Renewal Applicants

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person is not qualified to renew his
				  driver's license by mail if the individual's driving record indicates that,
				  within two years preceding the date of application, the individual has been
				  convicted of the following moving violations:
1. failure to render aid;
2. hit and run;
3. reckless driving;
4. speeding;
5. improper passing;
6. making improper turn;
7. improper lane changing;
8. failure to yield;
9. failure to signal;
10. careless driving;
11. negligent injury;
12. following too closely;
13. failure to dim headlights;
14. failure to leave sufficient
				  distance;
15. following emergency
				  vehicle unlawfully;
16. failure to
				  keep in proper lane;
17. improper
				  entry to/exit from traffic;
18.
				  improper starting from parked position;
19. improper backing;
20. crossing fire hose;
21. passing on wrong side;
22. passing in a no passing zone;
23. failure to yield to passing
				  vehicle;
24. coasting with gears
				  disengaged;
25. failure to yield to
				  emergency vehicle;
26. failure to
				  yield to unsigned intersection;
27.
				  failure to yield to pedestrians;
28. failure to follow officer's
				  instruction;
29. passing through
				  barricade;
30. failure to observe
				  safety zone;
31. drag
				  racing;
32. general speeding or too
				  fast for conditions;
33. speed less
				  than posted minimum;
34. making
				  right turn from left lane;
35.
				  making left turn from right lane;
36. driving without proper driver's
				  license;
37. wrong way on one way
				  street;
38. driving on wrong side
				  of road;
39. driving wrong
				  direction on rotary;
40. leaving
				  the scene of an accident;
41.
				  evading citation or roadblock;
42.
				  failure to maintain control;
43.
				  driving without headlights.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-133 - Further Disqualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  person shall not be qualified to renew his driver's license by mail if:
1. the applicant is 70 years of age or older
				  prior to 100 days before the expiration of the driver's license;
2. the applicant indicates on the mail-in
				  renewal application form that there have been changes or additions since that
				  last renewal including any physical condition, or vision change which does not
				  meet departmental standards;
3. if
				  the applicant's driving record indicates a pending suspension, or pickup order
				  for the license has been issued, or the record has a notation of "no insurance"
				  or "petition".
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-135 - Renewal by Electronic Commerce

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In addition to renewing a class "D" or "E" driver's license by mail, an
				  individual who has received an invitation to renew pursuant to LAC 55, Part,
				  III, Chapter 1,
				  §129 may choose to renew his or her
				  driver's license by contacting the department via the Internet or by
				  telephone.
B. Prior to initiating
				  the renewal process via the Internet or by telephone, the individual shall be
				  required by the department to provide information verifying the individual's
				  identity including the individual's license number, the individual's date of
				  birth, and the date the individual's license expires.
C. Any individual who chooses to renew his or
				  her driver's license by electronic commerce shall be required to give express
				  consent to any disclosure of personal information over the Internet that may be
				  necessary in order to complete the renewal process. This consent shall be
				  obtained by any means appropriate based upon the method chosen to renew the
				  license.
E. Notwithstanding any
				  other provision of LAC 55, Part III, Chapter 1 to the contrary, a class "D" or
				  "E" driver's license which has been expired for a period of six months or less
				  may be renewed by mail or electronic commerce upon the payment of the special
				  late fee specified in
				  R.S.
				  32:412(D)(3)(d).
F. Except as otherwise provided in §135,
				  the rules governing renewal of class "D" or "E" driver's licenses by mail shall
				  apply to renewals by electronic commerce.
G. All money submitted with an application to
				  renew a class "D" or "E" driver's license by mail shall be in the form of a
				  personal check with the applicant's name and address preprinted on the check, a
				  money order, a cashier's check, or a certified check.
H. All fees due in connection the renewal of
				  a class "D" or "E" driver's license by electronic commerce shall be paid using
				  an approved credit card in accordance with applicable law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:412(D).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-137 - Renewal Stickers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt
				  of an application which complies with the requirements set out by law and rule,
				  the Office of Motor Vehicles will issue a renewal sticker to be affixed to the
				  side of the license containing the Restriction and Endorsement Code. Applicants
				  who apply for renewal and who fail to receive a sticker within 35 days of
				  application must contact the Office of Motor Vehicles either in writing or in
				  person within 60 days from the date of license expiration to qualify for a free
				  replacement sticker or free retake of the pictured license. If the applicant
				  does not contact the department by the sixtieth day, he will be required to pay
				  for a duplicate license or sticker at a cost of $5 plus a $5.50 handling fee.
				  These written requests are to be directed to the Vehicle Renewal Unit, P.O. Box
				  64886, Baton Rouge, LA 70896.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:412(D).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-144 - Driver Education and Driving Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. DPS shall establish a driver education and
				  training program to be utilized by secondary school systems and private driving
				  schools of this state. A driver education course for any person under the age
				  of 18 shall consist of a minimum of 30 hours of classroom instruction and no
				  less than 8 hours of actual driving instruction.
B. Any application received and approved for
				  a driving school will be issued a license that provides for the administration
				  of a 38-hour drivers education course, a 6hour pre-licensing course, and the
				  administration of written and road skills test as a third-party tester. Any DPS
				  approved driving school licensed to only offer the 6-hour pre-licensing course
				  as of August 15, 2011, will be licensed to continue to offer only the 6-hour
				  pre-licensing course, but will be required to become a third-party tester, and
				  is responsible for complying with the new requirements set forth in these
				  rules. No other applications for only providing the 6-hour pre-licensing course
				  will be accepted. A pre-licensing course shall consist of a minimum of 6 hours
				  of classroom instruction and no less than 8 hours of actual driving
				  instruction.
C. Every person
				  licensed or contracted by DPS to operate a private driving training school or
				  agency, or providing driving courses, shall also be licensed or contracted as a
				  third-party tester pursuant to
				  R.S.
				  40:1461.
D. Every person engaged in the operation of a
				  private driving school shall apply for and procure a license from DPS. No
				  driving school shall advertise without having first obtained a contract with
				  DPS. No person shall for remuneration hold himself as a qualified or licensed
				  instruction without obtaining a license and contract from DPS.
E. Every licensed and contracted third-party
				  tester shall administer both the knowledge and road skills tests required for
				  the issuance of a class "D" or "E license in Louisiana in accordance with
				  R.S.
				  32:408.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:402.1(A)(1) and
					 R.S.
					 40:1461.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-145 - Qualifications for Private Driving School Owners and Instructors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Qualifications
				  for a Private Driving School Owner. To become a driving school owner, the
				  applicant shall:
1. be a citizen of the
				  United States or be lawfully present in the United States, and be a resident of
				  the state of Louisiana;
2. be at
				  least 21 years of age and have at least 5 years of full licensure driving
				  experience;
3. hold at least a
				  valid class "E" Louisiana drivers license;
4. have earned at least a high school diploma
				  or GED;
5. not have had driving
				  privileges suspended/disqualified for a DUI/DWI within the last 10
				  years;
6. possess any required
				  occupational license and business license;
7. within the last three years, not have any
				  of the convictions listed below:
a. three or
				  more moving violations on the driving record;
b. driving under suspension;
c. two or more citations for seatbelt
				  violations;
d. two or more
				  citations for following too closely;
e. one or more citations for child restraint
				  violations;
f. three or more
				  exceeding the posted speed limit;
g. one or more citations for texting while
				  driving;
h. two or more citations
				  for driving without insurance or security within three years; or,
i. two or more citations for reckless or
				  careless operation or careless driving;
8. not have three or more insurance
				  cancellations within the last 12 months on his driving record;
9. not have been convicted of any offenses
				  related to the operation of a driving school or other business regulated by
				  DPS;
10. not a current or previous
				  owner of a driving school or any other business regulated by DPS whose license
				  or contract has been revoked;
11.
				  not have been convicted of a crime involving violence, dishonesty, deceit,
				  indecency or an offense involving moral turpitude, and have not been convicted
				  of any misdemeanor or felony offenses involving controlled dangerous
				  substance(s) or driving while intoxicated within the last 10 years;
12. not be convicted of any crime enumerated
				  in
				  R.S.
				  15:587.1(C)(the Child
				  Protection Act),
				  R.S.
				  15:587.1 et seq.;
13. has not provided false information with
				  the application or falsified or withheld documents or information from
				  representatives of DPS;
14. attend
				  and complete the training course for school owners provided by DPS. The
				  applicant must pass a test on his knowledge of LAC 55:III.143-160;
15. maintain a valid email address for
				  correspondence sent electronically from DPS; and
16. submit a completed application package as
				  outlined in this Subchapter
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-146 - Application Process and Fees for Private Driving Schools and Instructors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application
				  Process for Initial Driving School License. The application process is a
				  two-step approval process.
1. An applicant
				  for an initial driving school license shall submit the following:
a. completed initial application for driving
				  school owner approval (DPSMV6710);
b. non-refundable $50 certified check or
				  money order made payable to DPS;
c.
				  completed criminal history background check forms for each owner, including two
				  fingerprint cards along with separate certified check or money order made
				  payable to Department of Public Safety and Corrections, for each background
				  check to be conducted;
d. lesson
				  plan containing:
i. beginning and ending time
				  of each class day, including lunch and break periods;
ii. number of class days in the
				  course;
iii. material
				  sources;
iv. how information is
				  presented (i.e. handouts, videos, lectures);
v. title of audio visual sources to be
				  utilized; and
vi. current e-mail
				  address.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-148 - Secondary/Alternative School Driver Education Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Qualifications for Secondary Schools and
				  Instructors
1. The school shall have an
				  established physical location where the driver education program will be
				  administered.
2. The applicant for
				  a classroom instructor shall meet the qualifications for instructors listed in
				  §145 B
3. Qualifications for
				  Eight-Hour Behind-the-Wheel Instructor. To be an eight-hour behind-the-wheel
				  instructor the applicant shall:
a. meet all
				  of the qualifications for a secondary school classroom instructor;
b. meet all of the qualifications in
				  §145 C
4. All
				  instructors shall be approved by DPS and obtain an instructors license prior to
				  providing instruction.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-149 - Application Process and Fees for Secondary/Alternative Schools and Instructors

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Application process for individual
				  secondary schools in which the driver education program is controlled at the
				  school level, shall submit the following:
1.
				  complete application package. Incomplete application packages shall be
				  returned;
2. complete initial
				  application for secondary school drivers education program
				  (DPSMV6714);
3. non-refundable $50
				  application fee;
4. completed
				  lesson plan as listed §146 A;
5. current e-mail address;
6. certificate of insurance in the
				  school/systems name stating that all vehicles utilized in the behind-the-wheel
				  course are currently insured and that upon cancellation or expiration, DPS will
				  be notified. This certificate shall be from the issuing insurance carrier, not
				  the agency; identify (by description and vehicle identification number) the
				  vehicle(s) covered. The limits shall be from a company authorized to do
				  business in this state in the amount of at least the minimum amount required by
				  R.S.
				  32:900.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-150 - Regulations and Policies for Secondary and Alternative School Driver Education Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				  Regulations for Secondary and Alternative Schools. All approved secondary and
				  alternative schools shall operate from an office in the following manner.
1. In parishes where one or more instructors
				  provide driver education instruction for all schools in the parish, the parish
				  school system shall make application to provide driver education. The
				  instructor shall be issued a parish-wide license for instruction.
2. If oversight for the driver education
				  program is provided at the system level, the system shall determine the
				  location where the records shall be kept. All records shall be maintained at a
				  central location which provides DPS access to the records during daytime
				  business hours.
3. Individual
				  secondary schools shall apply to DPS for the approval of its driver education
				  courses prior to the administration of same.
4. In school systems where the oversight for
				  driver education is provided at the individual school level, the records shall
				  be maintained at the individual school and shall be made available to DPS
				  during daytime business hours.
5.
				  Classroom instruction shall be provided at an approved and certified driving
				  school. Home study is not permitted for any portion of the classroom
				  instruction.
6. The school
				  superintendent/principal shall share the responsibility for all acts performed
				  by instructors or employees that are within the scope of employment and which
				  occur during the course of employment.
7. Principals/superintendents shall be
				  responsible for ensuring instructors complete continuing education courses in
				  an effort to stay abreast of the latest trends and standards of driver
				  education.
8. Secondary schools
				  shall have the option to provide a six hour pre-licensing course.
9. Secondary schools shall have the option to
				  administer the knowledge and road skills tests to students who are currently
				  enrolled in its school system or have completed the systems driver education
				  course.