reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter B - Tow Truck License Plate; Required Insurance › Section I-1913 - Tow Truck License Plate

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Application
1. Applications shall be made to
				  the Department of Public Safety and Corrections, in writing, upon forms
				  prescribed and furnished by the department. Applications shall be complete,
				  accurate and contain all required information. A non-refundable or transferable
				  fee of $150, in addition to other required fees, must be submitted with each
				  Louisiana tow truck license plate application. Fees shall be tendered to the
				  Office of Motor Vehicles, P.O. Box 64886, Baton Rouge, LA 70896.
a. Car carrier companies which transport less
				  than five motor vehicles and do not store or hold motor vehicles shall be
				  licensed as tow trucks upon application and submission of an affidavit to the
				  Department of Public Safety and Corrections stating that the company does not
				  store or hold motor vehicles and does not carry garage keeper's legal liability
				  or garage liability insurance. These companies shall receive a "car carrier"
				  endorsement on their required motor vehicle registration. This does not exclude
				  the car carrier company from any other regulations as set by the Louisiana
				  Towing and Storage Act.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter B - Tow Truck License Plate; Required Insurance › Section I-1915 - Insurance Requirements; Financial Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required Insurance
1. A tow truck owner or operator shall
				  maintain insurance coverage as prescribed by law. Insurance policies shall be
				  in the name of the tow truck owner or operator, with proper limits of liability
				  and shall remain in effect at all times. The types of required insurance
				  coverage are outlined below:
a. worker's
				  compensation and employer's liability insurance, if applicable;
b. automobile liability coverage in an amount
				  of not less than $300,000 combined single limits coverage;
c. garage keeper's legal liability insurance
				  in an amount not less than $50,000;
d. garage liability insurance in an amount of
				  not less than $50,000;
e. on-hook
				  coverage in an amount of not less than $25,000.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter C - Safety › Section I-1917 - Driver's License; Required Skills and Knowledge

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tow truck operators or towing services
				  shall not operate, or permit the operation of, a tow truck unless the following
				  requirements are satisfied:
1. the operator
				  of a tow truck shall possess a valid Louisiana driver's license;
2. the driver's license shall be a minimum of
				  a Class D, "chauffeurs license," and shall be of an appropriate class as
				  required by law;
3. the operator of
				  a tow truck shall possess proficiency in recovery and transport of
				  vehicles;
4. an operator of a tow
				  truck shall be at least 18 years of age;
5. the operator of a tow truck shall wear a
				  uniform shirt displaying the towing company's and driver's name;
6. the operator of a tow truck has not been
				  convicted of a felony relating to vehicle thefts and is not registered or
				  required to be registered as a sex offender or child predator as required in
				  R.S.
				  15:542;
7. the operator of a tow truck shall have a
				  safety belt properly fastened about his or her body at all times when the tow
				  truck is in forward motion. This shall not apply when the operator of a tow
				  truck in the process of maneuvering the tow truck while recovering or loading a
				  vehicle;
8. the operator of a tow
				  truck shall wear reflective uniform or clothing equivalent to the ANSI Class II
				  or III standard as federally required when working on or near the roadway
				  during a vehicle recovery.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter C - Safety › Section I-1919 - Tow Truck Lighting; Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Tow truck operators and towing services shall ensure tow trucks are equipped
				  with, and use, required lighting, pursuant to state law and CFR Title 49.
				  Auxiliary tow lighting shall be required and used if the rear tail lamps, stop
				  lamps or turn signals on a combination of vehicles are obscured, inoperative,
				  or not visible to the rear by approaching traffic. When auxiliary tow lights
				  are required, they shall include a minimum of two properly functioning tail
				  lamps, stop lamps and turn signals, which may be combined and shall be attached
				  as far apart as practical on the rearmost portion of the towed vehicle and
				  visible to the rear by approaching traffic.
B. Tow trucks shall comply with all equipment
				  requirements found in, or adopted pursuant to Louisiana Revised Statutes Title
				  32, Chapter 1, Part V (Equipment of Vehicles), 32:1711 et seq., and, if
				  applicable, CFR Title 49.
C. Tow
				  truck shall be equipped with only amber colored flashing warning lights,
				  strobes, light bars or beacons with sufficient strength and mounted in a
				  location to be visible at 360 degrees at a distance of no less than 1,000 feet
				  under normal atmospheric conditions. Each tow truck shall be equipped with at
				  least one amber colored light bar or beacon mounted to the roof or a higher
				  location on a tow truck. Tow trucks used solely to transport vehicles on an
				  attached trailer are exempt from this requirement provided they do not conduct
				  roadside recovery operations or participate on any law enforcement rotation
				  list.
D. Tow truck operators and
				  towing services shall ensure warning lights are operable at all times and shall
				  only be activated after arriving at a disabled vehicle or when towing or
				  recovering a vehicle. Slide back tow trucks solely transporting vehicles on
				  their beds may opt to activate their tow truck's warning lights.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter C - Safety › Section I-1921 - Required Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tow trucks
				  shall be equipped with the following properly functioning equipment at all
				  times.
1. Oil-Absorbing Materials
a. Each tow truck shall be equipped with a
				  minimum of 5 gallons of sand, dirt, or manufactured materials capable of
				  absorbing sufficient quantities of fluids. Materials shall be carried in such a
				  manner as to be free from exposure to the elements.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter C - Safety › Section I-1923 - Capacities and Specifications of Tow Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tow trucks shall not be licensed for a
				  weight less than the manufacturer's GVWR.
B. Tow trucks shall be properly licensed to
				  carry the weight of the tow truck and its load or laden weight.
C. A tow truck owner or tow truck operator
				  found exceeding the weight for which the tow truck is licensed shall be
				  assessed an administrative penalty.
D. A tow trucks shall have its factory VIN
				  and GVWR posted on the tow truck in an accessible location.
E. Tow trucks licensed pursuant to this
				  Chapter shall be equipped with only those winches, booms and cranes that have
				  been produced and constructed by a manufacturer who carries product liability
				  and which regularly produces winches and cranes of guaranteed quality.
1. A winch, boom or crane will not be
				  prohibited by this subsection if the tow truck owner submits to the department
				  a certification from a reputable testing laboratory, regularly engaged in the
				  testing of such equipment, indicating that the capacity of the winch, boom or
				  crane as mounted in the tow truck is not less than the weight for which the
				  application has been made and the certification is carried in the truck at all
				  times.
2. All costs of such testing
				  and certification shall be borne by the tow truck owner or operator.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter C - Safety › Section I-1925 - Tow Truck Load Limitations; Specifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Load Limitations
1. No tow truck operator shall tow or
				  transport another vehicle unless the tow truck is capable of safely towing the
				  vehicle.
2. A tow truck and its
				  load shall not exceed the capabilities of the towing vehicle or hinder its
				  ability to safely accelerate, stop, or maneuver.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter C - Safety › Section I-1927 - Inspections by the Department

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Investigations
1. The department is
				  responsible for the effective regulation of vehicle towing, recovery and
				  storage businesses in Louisiana. Applicants seeking or issued a tow truck
				  license plate or a storage inspection license shall be subject to background
				  investigations to determine eligibility.
2. The department may require a licensee to
				  submit records, invoices, documents, etc., as necessary to complete an
				  investigation.
3. Tow truck and
				  storage facility owners or operators have a continuing obligation to inform the
				  department in writing of any legal action taken against them that may affect
				  eligibility to possess a tow truck license plate or a storage inspection
				  license.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter C - Safety › Section I-1929 - Towing Services to Use Due Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  towing service shall determine the method and manner of removing vehicles, and
				  shall exercise due care to limit collateral damage during the towing, recovery
				  or removal operations.
B. Tow truck
				  and/or storage facility owners and operators shall adhere to any lawful orders
				  or direction of a department law enforcement officer. No tow truck owner,
				  operator, or employee shall be required to follow a directive or order that is
				  unsafe or beyond the operational standard or capacity of any equipment being
				  used in cleanup or in the removing the roadway hazard. If a tow truck owner or
				  operator refuses to follow a directive or order because of an unsafe condition,
				  no adverse action by a law enforcement agency shall be taken against such owner
				  or operator including removal from any rotation list.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter C - Safety › Section I-1930 - Vehicles Towed from Private Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tow truck company owners, operators, and
				  employees shall comply with the provisions of
				  R.S.
				  32:1736 when towing vehicles from private
				  property.
B. Towing and storage
				  companies that conduct nonconsensual tows shall possess authority through the
				  Louisiana Public Service Commission and a valid storage inspection
				  license.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter D - Vehicle Storage › Section I-1931 - Storage Facility; Licensing, Fees, Inspection, Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Storage
				  Facilities
1. Storage facilities, subject to
				  the provisions of
				  R.S.
				  32:1711 et seq., shall be located within
				  Louisiana and make application to the department for a storage inspection
				  license for each storage facility location.
2. A valid storage inspection license must be
				  issued by the department before conducting business as a storage facility or a
				  new storage facility location being utilized.
3. A storage company with a change in name,
				  address or ownership shall reapply and pay fees in accordance with this
				  Section.
4. Storage inspection
				  licenses shall expire annually on the thirtieth day of June and may be renewed
				  60 days prior to expiration. A company operating as a storage facility shall
				  renew their storage inspection license prior to expiration.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter D - Vehicle Storage › Section I-1933 - Requirements for Official Report of Stored Vehicle (ORSV); Filing; Submittal; Option of the Department to Send and Receive ORSV Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Storage Facility
				  Requirements
1. When any vehicle subject to
				  registration in this state has been stored, parked, or left at a garage where
				  fees are charged for storage or parking, the owner of the storage or parking
				  facility shall, unless exempted in
				  R.S.
				  32:1721 or
				  32:1722,
				  comply with
				  R.S.
				  32:1719 and do the following.
a. File an Official Report of Stored Vehicle
				  (ORSV) within three business days of receiving the vehicle in writing addressed
				  to the Department of Public Safety and Corrections, Office of Motor Vehicles,
				  Specialized Vehicle Unit, P.O. Box 64886, Baton Rouge, LA 70896, or the
				  department's authorized agent. If the vehicle is released to the vehicle owner
				  within three business days of towing or receiving the vehicle, a storage/towing
				  company shall not be required to submit the ORSV notification and if the ORSV
				  notification is not made prior to the release of the vehicle, there shall be no
				  charge for related administrative fees.
b. Ensure that the ORSV contains make, model,
				  VIN, license plate number, state of issuance and expiration date, vehicle
				  storage date, adjusted storage date, stored vehicle's actual location, storage
				  company's actual mailing address and state police storage inspection license
				  number.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter D - Vehicle Storage › Section I-1935 - Owner Notification of a Stored Vehicle

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners, employees and agents of storage
				  facilities or business subject to licensing as storage facilities shall comply
				  with the notification requirements found in
				  R.S.
				  32:1720,
				  32:1720.1
				  and
				  32:1722.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter D - Vehicle Storage › Section I-1937 - Administrative Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Administrative
				  fees for storage of vehicles shall not be charged or otherwise collected
				  without possession of a valid storage inspection license, and the timely filing
				  of an ORSV prior to the release of the vehicle or other notification
				  requirements in the Towing and Storage Act.
B. Licensed storage companies may charge the
				  vehicle owner/lien holder those administrative costs incurred by filing an ORSV
				  along with any postal charges related to the mailing of the ORSV notices and
				  certificate of mailing letters sent to the vehicle owner and any lien
				  holder.
C. The maximum
				  administrative fee that may be charged by a storage company for filing of the
				  Official Report of Stored Vehicle notice shall be $25 for in-state
				  notifications and $30 for out-of-state notifications. The maximum
				  administrative fee that may be charged for mailing certificate of mailing
				  letters to the vehicle owner and lien holder shall be no more than the rate for
				  US Postal Service plus $4 per required letter.
D. All costs must be documented with
				  receipts, which shall be made available to the department, vehicle owner and
				  lien holder upon demand. Companies found in violation of this part shall be
				  subject to criminal or administrative penalties prescribed in this Chapter,
				  including forfeiture of storage and administrative fees.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter D - Vehicle Storage › Section I-1939 - Permits to Sell and Permits to Dismantle

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any business that stores vehicles pursuant
				  to this Chapter, prior to filing for a permit to sell or for a permit to
				  dismantle, shall have obtained a current Louisiana Storage Inspection
				  License.
B. Any business that
				  stores vehicles pursuant to this Chapter shall include with each permit to sell
				  or permit to dismantle filing, a legible photocopy of their storage inspection
				  license.
1. Applications for permits to
				  dismantle or permits to sell without photocopies of the storage inspection
				  license shall be rejected.
2. Any
				  business that stores vehicles pursuant to this Chapter and provides the
				  department a fictitious or fraudulent storage inspection license photocopy, or
				  uses, or allows the use of, a storage inspection license of another business
				  shall be subject to criminal and administrative penalties prescribed by law,
				  including the revocation of the storage inspection license.
3. Licensed storage facilities shall not
				  place a vehicle into storage for the purposes of circumventing acceptable
				  titling practices and the payment of statutorily required taxes and
				  fees.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter D - Vehicle Storage › Section I-1941 - Storage and Towing Facilities; General Requirements; Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. A facility may
				  only store and charge storage on vehicles that are in the facility's actual
				  possession, located within the licensed storage area and meets the requirements
				  of this Chapter.
B. Vehicles shall
				  be released immediately to the vehicle owner or lien holder, or authorized
				  representative once payment is made, any applicable lien holder requirements
				  (R.S.
				  32:1720.1) are met, and any applicable
				  documented law enforcement or department hold orders are released.
1. Authorized representative shall mean
				  anyone who has obtained written authorization from the vehicle owner or lien
				  holder. Written authorization shall contain the name of the authorized agent,
				  the name and signature of the vehicle owner or lien holder, a phone number for
				  the vehicle owner or lien holder, and a description of the vehicle including
				  the year, make, model, and color. Written authorization does not need to be
				  notarized if signature of the owner or lien holder is witnessed and contains a
				  photocopy of the owner's government issued photo identification. Written
				  authorization shall be maintained with the vehicle file at the towing and/or
				  storage facility' place of business. The requirement of written authorization
				  shall not apply to an insurance company or its representative as provided in
				  R.S.
				  22:1292(C)(2).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter D - Vehicle Storage › Section I-1943 - Storage Rates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Vehicle storage
				  fees shall be based on a calendar day and documented by ORSV notification or
				  the requirements in
				  R.S.
				  32:1722.
B. Towing and/or storage facilities shall be
				  staffed and open for business Monday thru Friday, 8 a.m. to 5 p.m., excluding
				  state holidays. Employees staffing the facility must have access to vehicle
				  storage records to assist in administrative inspections by the department and
				  be able to release vehicles and/or belongings. All storage records since the
				  date of the last annual storage inspection must be readily accessible and
				  available. Storage records prior to the last annual inspection, if not readily
				  available, shall be made available by the end of the next business day.
1. Licensed storage facilities that operate
				  as a mechanic or repair shop and do not conduct non-consensual tows may set
				  their own business hours provided they do not charge gate fees and give notice
				  to the Department by noting their days and hours of operation on their storage
				  license application or renewal form. The storage facility must be open for
				  business at least five days a week. These hours must be clearly posted along
				  with other required information in accordance with §1941. D of this
				  Chapter. Storage Facilities that do not adhere to the hours of operation listed
				  on their storage license application or renewal form shall be in violation of
				  failing to staff their facility. Towing and/or storage facilities shall be
				  staffed and open for business Monday thru Friday, 8 a.m. to 5 p.m., excluding
				  state holidays.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter D - Vehicle Storage › Section I-1945 - Gate Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Business Hours
1. For the purposes of this part, business
				  hours will be Monday thru Friday, 8 a.m. to 5 p.m., excluding state
				  holidays.
2. Gate fees shall not be
				  charged during business hours.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter E - Rotation List › Section I-1947 - Law Enforcement Tow Truck Rotation List

Current through Register Vol. 50, No. 6, June 20, 2024
A. Establishing a Rotation List
1. Louisiana law enforcement agencies may
				  establish a rotation list of Louisiana towing companies using boom and/or slide
				  back tow trucks and facilities licensed in accordance with the provisions of
				  R.S.
				  32:1711 et seq., and rules and regulations
				  promulgated herein.
2. Towing
				  companies selected by a law enforcement agency to participate on their rotation
				  list shall participate at the discretion of the law enforcement agency and may
				  be removed for any violation of law, agency rule, or policy.
3. When a law enforcement officer determines
				  that a motor vehicle must be towed, the law enforcement officer shall give the
				  owner or operator of the motor vehicle the option to select a properly licensed
				  towing company to tow his vehicle. If the owner or operator of the motor
				  vehicle is unable to select a licensed towing company, chooses not to select a
				  particular licensed towing company, or an emergency situation requires the
				  immediate removal of the vehicle, the next available licensed towing company on
				  the approved law enforcement rotation list shall be called by the law
				  enforcement officer to tow the vehicle.
4. The towing company selected by the owner
				  or operator of a vehicle or law enforcement agency shall be allowed to respond
				  within to the call within 45 minutes. If the towing company fails to arrive
				  within 45 minutes, the law enforcement officer may select the next available
				  towing company from the approved rotation list.
5. Towing and storage facilities storing a
				  vehicle that has a law enforcement hold, and the law enforcement agency
				  requesting the hold, shall comply with
				  R.S.
				  32:1735.1. Law enforcement agencies
				  requesting to extend the hold beyond the initial 14 days shall submit the
				  request in writing, on the agency's letterhead, to the storage facility. This
				  request shall be kept on file at the facility and must contain the following
				  information:
a. the name and contact
				  information of the officer requesting the hold;
b. the name of the vehicle's owner, if
				  available;
c. the license plate
				  number with state of issue and vehicle identification number;
d. the year, make, and model of the
				  vehicle
6. No law
				  enforcement officer shall recommend to the vehicle owner or operator a specific
				  tow company to conduct a tow. All tows shall be referred to the law enforcement
				  rotation list or the authorized contractor for the law enforcement agency. When
				  the owner or operator exercises their option to select the tow company, such
				  selection shall be duly noted on the tow invoice or the law enforcement record
				  of the incident.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter E - Rotation List › Section I-1949 - Severability Clause

Current through Register Vol. 50, No. 6, June 20, 2024
A. If for any
				  reason a provision of these rules is declared invalid, the invalidity of that
				  provision shall not affect the validity of the remaining rules or other
				  provisions thereof.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				purpose of these rules to promote the protection of property, workmen, and
				citizens in the immediate vicinity of an underground facility or utility from
				damage, death, or injury and to promote the health and well-being of the
				community by preventing the interruption of essential services which may result
				from the destruction of, or damage to, underground facilities or utilities. The
				purpose of this rule is to further provide for the enforcement of the Louisiana
				Underground Utilities and Facilities Damage Prevention Law. An advisory
				committee composed of representatives from the relevant industries, state
				government, and the regional notification centers shall be formed to assist in
				implementation of these rules.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 40:1749.11 et
				  seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2105 - Regional Notification Certification Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The regional notification program must
				have or be able to demonstrate the following:
1. toll free nationwide telephone
				number;
2. specifically defined
				geo-political service area with a goal of no overlap;
3. mechanism for law enforcement to verify
				locate request information;
4.
				establish a formal member contractual agreement and submit for
				approval;
5. locate request
				tracking process that includes a specific numbering system for each locate
				request;
6. provide timely
				transmission of notifications to facility owner/operator;
7. provide locate request information upon
				inquiry by law enforcement;
8.
				establish a process to handle emergency locate requests;
9. validation process for owner/operator
				member's map data base;
10. agree
				to participate in the Underground Utilities/Facilities Damage Prevention
				Advisory Committee
11. develop
				standard operating procedures and training manuals for routine and emergency
				operations;
12. voice recording of
				all incoming locate request calls and voice out calls;
13. ability to produce records of all
				outgoing notification calls;
14.
				record retention procedures in compliance with
				R.S.
				40:1749.13;
15. establish a pro-active public awareness
				and damage prevention education.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2106 - Investigation Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with
				R.S.
				40:1749.23(D)(5),
				established investigative procedures shall adhere to the minimal standards
				established by the Police Officer Standards and Training (POST) and be
				demonstrated by an officer's completion of a certified law enforcement training
				course. The procedures may include, but are not limited to; observation,
				interrogation, documentation, collection, intervention, interdiction,
				mitigation, remediation, litigation, analyzation and recommendation.
B. Investigative procedures permit department
				investigators to collect and record information, as outlined in LAC
				55:I.2106.C, on a standard investigation form; empowering the department to
				investigate a complaint, issue a citation and adjudicate the
				complaint.
C. The department's
				standard investigation form, titled hazardous materials incident report, may
				include, but is not limited to, the following:
1. excavator:
a. name;
b. address;
c. representative and title;
d. primary and secondary contact phone
				numbers;
e. regional notification
				center dig ticket number;
f. status
				of dig ticket;
g. status of
				markings;
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2107 - Citation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The citation
				issued to a party alleged to be in violation of R.S. 40:1479 et seq., or these
				rules shall be uniform as developed by the department and may include the
				following:
1. the violation number;
2. the date of the incident;
3. the location of the incident;
4. the specific statute or regulation which
				is alleged to have been violated;
5. the penalty assessed to the responsible
				party based on the results of the department's investigation;
6. a brief description of the violation;
				and
7. an explanation of the
				responsible party's right to an administrative hearing.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2109 - Collection of Data by the Department

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department may collect such data that
				will allow law enforcement agencies to determine the number of existing
				violations and the results of the adjudication process.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1749.11 et
				  seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2111 - Establishment of Local Governmental Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to R. S. 40:1749.11 et seq., and
				these rules, local government shall have the authority to enforce any and all
				provisions therein, except the certification process for the regional
				notification center and the establishment of the uniform citation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1749.11 et
				  seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2113 - Civil Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person who
				is required by this Part to become a member of, participate in, or share the
				cost of, a regional notification center and who fails to do so shall be subject
				to a civil penalty of not more than $250 for the first violation and not more
				than $1,000 for each subsequent violation. A subsequent violation shall be
				deemed to have occurred if the person fails to become a member of, participate
				in, or share the cost of, a regional notification center as required within
				ninety days after issuance of a citation for the previous violation.
B. A person who participates in a regional
				notification center and who fails to mark or provide information regarding the
				location of underground utilities and facilities shall be subject to a civil
				penalty of not more than $1,000. A subsequent violation shall be deemed to have
				occurred if a person fails to provide information or markings within two years
				of the issuance of a prior citation for the same or similar conduct.
C. A person who is required by law to
				participate in a regional notification center and who fails to provide
				information or markings to indicate hazardous material as defined in Title 30
				of the Louisiana Revised Statutes of 1950 shall be subject to the following:
1. for the first violation, a civil penalty
				of not more than $250;
2. for a
				second violation, a civil penalty of not more than $500;
3. for a third violation, a civil penalty of
				not more than $1,000;
4. for a
				fourth and each subsequent violation, a civil penalty of not less than $2,000
				nor more than $25,000.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2115 - Report of Adjudication

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Proceedings and adjudication for the levying of civil penalties under this law
				shall be conducted by the division of administrative law in accordance with
				regulations adopted pursuant to the Administrative Procedure Act.
B. A local governmental subdivision, except
				justice of the peace courts, enforcing the provisions of this Part may
				establish a procedure for adjudication of violations and levying of civil
				penalties in accordance with the provisions of this Part. Such procedure shall
				include:
1. the fixing of a schedule of civil
				penalties and costs for the various offenses within the limits of such
				penalties as are set by law;
2.
				providing that any person cited for a violation of the provisions of this Part
				may plead guilty or no contest before an officer designated by the local
				governmental subdivision;
3. that
				the adjudication shall conform to the requirements of the Administrative
				Procedure Act;
4. the final report
				of adjudication issued pursuant to
				R.S.
				40:1749.23(D) shall be sent
				within 30 days to the department by certified mail return receipt
				requested.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 21 - Underground Utilities › Section I-2117 - Collection and Distribution of Fees, Fines, or Civil Penalties: Underground Damages Prevention Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. All civil
				penalties shall be paid to the state treasury for credit to the underground
				damage prevention fund, and shall be disbursed as follows:
1. 34 percent shall be retained by the
				underground damages prevention fund;
2. upon request for disbursement by the
				agency, within one year of the civil penalty being deposited into the
				underground damages prevention fund, funds shall be disbursed as follows:
a. 50 percent shall be disbursed to the local
				law enforcement agency that issued the citation if the citation was adjudicated
				by the local governmental subdivision; or
b. 50 percent shall be disbursed to the state
				law enforcement agency that issued the citation if the citation was adjudicated
				by the state; or
c. 25 percent
				shall be disbursed to the local law enforcement agency that issued the citation
				and 25 percent retained in the fund if such citation was adjudicated by the
				state;
3. if the local
				governing authority:
a. is a member of or
				participates in a regional notification center; upon request for disbursement
				by the local governing authority within one year of the civil penalty deposited
				into the underground damages prevention fund, 16 percent shall be disbursed to
				the local governing authority of the area in which the violation occurred to be
				used solely for purposes of compliance with Louisiana Underground
				Utilities/Facilities Damage Prevention Law;
b. is not a member of nor participates in a
				regional notification center, but establishes and operates a violations bureau
				pursuant to R.S. 1749.23(D), then upon request for disbursement by the local
				governing authority within one year of the civil penalty deposited into the
				underground damage prevention fund, 16 percent shall be disbursed to the local
				governing authority for each violation adjudicated by the violations bureau of
				that local governing authority;
c.
				otherwise, the amount shall be retained in the underground damages prevention
				fund and distributed per §2117. A.1 of this Part.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2301 - Weights and Standards Mobile Police Force

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within the Office of State Police there
				shall be a Weights and Standards Mobile Police Force which shall perform the
				functions of the state related to the enforcement of R.S. 32:380-389, and
				R.S.
				47:718, and the provisions of Chapter 4 of
				Subtitle II of Tile 47 relating to trucks, trailers, and semi-trailers of the
				Louisiana Revised Statutes of 1950 and these regulations adopted pursuant
				thereto.
B. The Weights and
				Standards Mobile Police Force is authorized to carry weapons and to make
				arrests in the enforcement of these regulations, and in that regard, shall have
				the same authority and powers conferred by law upon other law enforcement
				officers of this state; however, no member of the Weights and Standards Mobile
				Police Force shall be authorized to carry a weapon until the member has
				received P.O.S.T. certification training.
C. The Weights and Standards Police Force and
				the state police shall have concurrent authority to enforce the provisions of
				R.S.32:380-389 and these regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  32:380-389.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2307 - Length

Current through Register Vol. 50, No. 6, June 20, 2024
A. Warning flags
				are required on vehicles and loads which exceed the legal length, or which have
				a rear overhang of more than 4 feet. There must be flags at the following
				points.
1. If the over-length or projecting
				portion is 2 feet wide or less, one flag must be located at the extreme rear
				end of the load.
2. If the
				over-length or projecting portion is wider than 2 feet, two flags at the
				extreme rear end of the load must be located to indicate maximum
				width.
3. All warning flags must be
				red/fluorescent orange and at least 18 inches square. Flags must either be
				securely fastened by at least one corner or securely mounted on a staff which
				keeps the flag upright.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2309 - State Police Escorts

Current through Register Vol. 50, No. 6, June 20, 2024
A. State police
				escorts are required for all vehicles and loads which are:
1. over 16 feet wide on a two-lane
				highway;
2. over 16 feet wide on a
				multi-lane highway;
3. over 125
				feet in length.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2311 - Care of Vehicle Load

Current through Register Vol. 50, No. 6, June 20, 2024
A. Vehicle
				owner/operator shall ensure that the vehicle is equipped with equipment in
				proper working condition for care of load to prevent escape of loose material.
				The driver of the vehicle is responsible for the proper installation of
				equipment provided by owner to prevent the escape of loose materials.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  32:380-389.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2313 - Farm Vehicles and Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Farm
				vehicles and equipment, except draglines and bulldozers, being operated and/or
				transported for bona fide agricultural purposes or the transportation of farm
				vehicles and equipment to be used for normal farm purposes by persons
				transporting such farm equipment or machinery for distances not to exceed 50
				miles from the point of origin shall be exempt from the requirements for width,
				height, length, and for trailers and towed vehicles, but shall not be exempt
				from any weight limitations.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  32:380-389.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2315 - Weight Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Legal
				Limitations
1. The maximum legal axle weights
				on interstate highways are:
a. single axles
20,000 pounds
b. tandem axles
34,000 pounds
c. tridum axles
42,000 pounds
d. quadrum axles
50,000 pounds
2.
				Axle variances of 2,000 pounds for single axles and 3,000 pounds for tandem,
				tridum, and quadrum axles are allowed on non-interstate highways. Therefore,
				the maximum legal weights on non-interstate highways are:
a. single axles
22,000 pounds
b. tandem axles
37,000 pounds
c. tridum axles
45,000 pounds
d. quadrum axles
53,000 pounds.
3.
				The maximum legal weight on a tire is 650 pounds per inch width of
				tire.
4. The sum of the legal axle
				weights on a vehicle or combination of vehicles is its legal gross weight. But
				regardless of the number and type of axles the maximum legal gross weight of
				any vehicle or combination of vehicles (except a combination with a tridum or
				quadrum axle) is 80,000 pounds.
5.
				Regardless of the number and type of axles, the maximum legal gross weight of
				any combination of vehicles which has a tridum or quadrum axle is:
a. 83,400 pounds on interstate
				highways;
b. 88,000 pounds on
				non-interstate highways.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2317 - Special Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Special
				permits must be in the vehicle at all times of operation, and such permit shall
				be produced upon request by any police officer.
B. Violation of any terms or conditions of a
				special permit shall subject the driver and/or owner of the permitted vehicle
				to the penalties provided for in
				R.S.
				32:388.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  32:380-389.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2319 - Assessment of Civil Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person who is determined by the superintendent of the department after
				reasonable notice and opportunity for a fair and impartial hearing held in
				accordance with the Administrative Procedure Act, to have committed an act that
				is a violation of these regulations (excluding §2315), is subject to a
				civil penalty of $100 per violation. Penalties for
				§2315 shall be computed in accordance with
				R.S.
				32:388.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  32:380-389.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2321 - Recovery of Civil Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. To
				enforce the collection of a civil penalty levied upon a person determined by
				the deputy secretary of the Department of Public Safety and Corrections to have
				committed an act that is a violation of these regulations, the deputy
				secretary:
1. may order the removal of the
				offending vehicle's license tag if the registration is from this
				state;
2. may seize any vehicle not
				registered within the state which is owned by the person or company in
				violation;
3. shall have the
				driver's or operator's license suspended for a violation(s) committed by the
				driver or operator.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 23 - Weights and Standards › Section I-2323 - Approval of Safety Devices

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pursuant to
				R.S.
				32:384(D), every trailer and
				semi-trailer with a loaded gross weight capacity of up to 6,000 pounds shall be
				equipped with safety chains or another approved safety device. This statute
				requires that the safety device shall be securely attached to the towing
				vehicle when the trailer or semi-trailer is in motion, and shall be of
				sufficient strength to hold the trailer behind the towing vehicle in case the
				primary connection between the two vehicles detaches.
B. The above-mentioned safety device is to be
				approved by the department, as per
				R.S.32:384(E).
				In order to be approved, the device shall be produced, manufactured and/or
				constructed by a bonded and insured manufacturer of such equipment who carries
				product liability insurance and regularly produces safety devices of guaranteed
				quality. The manufacturer shall submit to the department certification from a
				bonded and insured reputable testing laboratory, regularly engaged in the
				testing of such equipment, indicating that the strength capacity of the device
				submitted for approval and all its components are not less than the
				manufacturer's indicated breakaway weight or ultimate strength.
C. The device submitted for approval shall
				meet the following requirements:
1.
				construction material to consist of steel or other alloy of equal or greater
				strength;
2. tinsel strength of the
				unit and all components shall be greater than 6,000 pounds or the gross vehicle
				weight rating of the vehicle being towed, whichever is greater;
3. the method by which the safety device is
				attached from the towing vehicle to the towed vehicle shall be independent and
				not attached to the primary towing device. It should attach to the vehicle's
				main frame and/or receiver if equipped with a tow package and/or the bumper if
				the bumper is rated of sufficient strength to meet or exceed the tow rating for
				the safety device. At no time should the safety device be attached to the
				trailer hitch ball or shank;
4. the
				safety device shall meet or exceed the strength standards set by the Society of
				Automotive Engineers (S.A.E.) for the manufacture, use and application of
				safety chains, as they relate to the towing of vehicles or trailers.