reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1627 - Bond Requirement (Formerly section 1617)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All public tag agents other than municipal
				and parish governing authorities shall furnish security for the faithful
				performance of their duties as follows.
1.
				Each public tag agent other than a municipal governing authority shall execute
				a good and sufficient surety bond with a surety company qualified to do
				business in Louisiana as surety, in a sum of not less than $100,000 which bond
				shall name the Department of Public Safety and Corrections, Office of Motor
				Vehicles as obligee and shall be subject to the condition that, if such public
				tag agent shall, throughout the entire term of the bond, timely file with the
				office of motor vehicles all applications delivered to such public tag agent
				for filing, and all fees and taxes collected by such public tag agent, the
				obligation shall be void. If the company does not do so, the obligation of the
				surety shall remain in full force and effect. A public tag agent having
				multiple locations need furnish only a single $125,000 surety bond in addition
				to any other bonds required by law.
2. Surety bond must be valid for the duration
				of the public tag agent contract.
3. The surety bond furnished pursuant to
				§1625 shall be
				delivered to and filed with the Department of Public Safety and Corrections,
				Office of Motor Vehicles.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1629 - Contracts (Formerly section 1619)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner and public tag agents
				other than municipal and parish governing authorities may enter into contracts
				which shall state the required procedures for the implementation of LAC 55,
				Part III, Chapter 16. Such contracts may terminate upon violation of
				R.S.
				47:532.1, LAC 55, Part III, Chapter 15,
				Subchapter B, or the provisions of the contract between the department and the
				public tag agent foregoing provisions.
B. The contract between the department and
				the public tag agent shall be on the form approved by the assistant secretary.
				The department may require that a public tag agent sign separate contracts to
				perform the following functions:
1. processing
				title work and issuing of registration certificates and permanent license
				plates;
2. conducting testing for,
				and in the issuance of, class "D" and "E" driver's licenses;
3. processing the filing of electronic
				liens;
4. processing the
				reinstatement of driver's licenses and providing status information;
5. processing expedited title
				transactions;
6. sale of
				miscellaneous items sold by the department such as motor vehicle inspections
				stickers, secure power of attorney forms, etc.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1631 - Declaratory Orders and Rulings (Formerly section 1621)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person desiring a ruling on the
				applicability of any statute, or the applicability or validity of any rule in
				LAC 55, Part III, Chapter 15, Subchapter B, regarding public tag agents, shall
				submit a written petition to the deputy secretary. The written petition shall
				cite all constitutional provisions, statutes, ordinances, cases, and rules
				which are relevant to the issue presented or which the person wishes the deputy
				secretary to consider prior to rendering an order or ruling in connection with
				the petition. The petition shall be typed, printed or written legibly, and
				signed by the person seeking the ruling or order. The petition shall also
				contain the person's full printed name, the complete physical and mailing
				address of the person, and a daytime telephone number.
B. If the petition includes reference to a
				specific transaction handled by the department or a public tag agent, or if the
				petition relates to the issuance, revocation, cancellation, or denial of any
				license, permit or authorization, then the person submitting the petition shall
				also submit proof that he has notified all of the persons involved in the
				transaction or issuance, revocation, cancellation, or denial of the license,
				permit or authorization by certified mail, return receipt requested. If the
				person is unable to notify the involved person or persons after otherwise
				complying with the notice requirement, he shall so state in his
				petition.
C. The deputy secretary
				may request the submission of legal memoranda to be considered in rendering any
				order or ruling. The deputy secretary or his designee shall base the order or
				ruling on the documents submitted including the petition and legal memoranda.
				If the deputy secretary or his designee determines that the submission of
				evidence is necessary for a ruling, the matter may be referred to a hearing
				officer prior to the rendering of the order or ruling for the taking of such
				evidence.
D. Notice of the order or
				ruling shall be sent to the person submitting the petition as well as the
				security provider receiving notice of the petition at the mailing addresses
				provided in connection with the petition.
E. The deputy secretary may decline to render
				an order or ruling if the person submitting the petition has failed to comply
				with any requirement in this Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1 and
				  R.S.
				  49:962.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1633 - Confidentiality (Formerly section 1623)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public tag agent, its employees,
				representatives, and agents shall maintain the confidentiality of all records
				and information received or processed in connection with any function performed
				pursuant to a contract with the department.
B. The public tag agent shall forward all
				request for information commonly referred to as public records request to the
				department for a response.
C. The
				public tag agent shall be responsible for the disclosure of any information in
				connection with the processing of any transaction on behalf of the department.
				The public tag agent shall comply with all applicable federal and state laws
				regarding the disclosure of information, including but not limited to
				18 U.S.C. §
										2721 et seq., and
				42 U.S.C. §
										405(c)(2)(C).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1635 - Driver's License Issuance (Formerly section 1625)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A public tag agent may contract with the
				department to administer the necessary tests and issue, or renew identification
				cards, handicap hang tag identification cards, and driver's licenses
				transactions deemed acceptable by the department. The written knowledge test
				and the driving or skills test shall be administered in accordance with the
				provisions of LAC 55:III. Chapter 1. Subchapter C.
B. The public tag agent's third party
				examiner shall utilize only department approved visual screening equipment. In
				lieu thereof, each examiner may opt to utilize the standard Snellen wall-chart
				for visual acuity. The visual acuity testing shall be administered in a manner
				approved by the department.
C. A
				public tag agent shall develop controls to secure the materials and equipment
				necessary to issue driver's licenses. Such controls shall be submitted in
				writing to the department. A public tag agent shall not issue any driver's
				licenses until the controls required by this Section have been approved by the
				department in writing. Once approved, the controls shall be implemented as
				written. Any changes to the control approved by the department shall be
				approved in writing prior to implementation.
D. The department shall designate the types
				of driver's license and identification card transactions a public tag agent may
				perform, such as renewals and duplicates. Such designation shall be at the sole
				discretion of the department. Identification cards include the photographic
				identification issued with a handicap hangtag.
E. Qualifications for Issuance of Driver's
				Licenses and Identification Cards. In addition to the qualification
				requirements contained in statute and this Chapter, a public tag agent shall
				meet these additional requirements in order to be approved to perform driver's
				license and identification card transaction designated by the department.
1. Insurance. The insurance policy shall
				provide coverage and a defense for the state of Louisiana and the Department of
				Public Safety and Corrections, as well as the employees of the state and the
				department:
a. a policy for professional
				liability/errors and omissions with minimum coverage of $1,000,000;
b. a policy for general liability with
				minimum coverage of $1,000,000.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1637 - Other Transactions (Formerly section 1627)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department may contract with public
				tag agents to perform other transactions authorized in
				R.S.
				47:532.1. In such case, the public tag agent
				shall use the equipment and procedures required by the department to process
				these transactions. The public tag agent shall use an approved written control
				plan to secure any materials or equipment as directed by the
				department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1639 - Dishonored or Denied Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department may immediately suspend, revoke, or cancel this contract upon
				written notice to the public tag agent if the public tag agent that has more
				than one payment (whether in the form of an electronic ACH debit or paper
				draft) dishonored or returned to the department as unpaid by the bank or
				financial institution of the public tag agent.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:532.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 16 - Public Tag Agents › Section III-1641 - Suspension, Revocation and Penalty Assessment

Current through Register Vol. 50, No. 6, June 20, 2024
A. All regulations outlined in this Chapter
				or in any contract between the public tag agent and the department shall be
				adhered to by the public tag agent and its employees. DPS may suspend or revoke
				any public tag agent contract issued under these rules and regulations upon
				discovery of satisfactory evidence of violations.
1. Any PTA owner or employee who has been
				arrested for any of the aforementioned violations, shall be immediately
				suspended and shall remain suspended until a final disposition of the charges
				are received by DPS.
2. The owner
				or employee of a public tag agent who is arrested, suspended or denied for any
				violation of this chapter shall not have access to or be involved in the
				administrative duties of the public tag agent.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1701 - 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.
Assistant Secretary
- the
assistant
					 secretary
of the Office of Motor Vehicles.
Department
- the Department of Public
					 Safety and Corrections, Office of Motor Vehicles.
New Owner
- the person or persons who
					 acquire, or who have previously acquired ownership of a motor vehicle that was
					 the subject of a violation of this Chapter, but who do not appear on the
					 records of the department as the registered owner of such motor vehicle.
Operator
- every person, other than a
					 chauffeur, who drives or is in actual physical control of a motor vehicle upon
					 a highway or who is exercising control over or steering a vehicle being towed
					 by a motor vehicle.
Owner
- a person who holds a legal title to
					 a vehicle or in the event the vehicle is the subject of an agreement for the
					 conditional sale, lease, or transfer of possession thereof with the right of
					 purchase upon the performance of the conditions stated in the agreement, with
					 the right of immediate possession in the vendee, lessee, possessor, or in the
					 event such similar transaction is had by means of mortgage and the mortgagor of
					 a vehicle is entitled to possession, then the conditional vendee, lessee,
					 possessor, or mortgagor shall be deemed the owner for the purposes of this
					 Chapter.
Person
- an individual, partnership,
					 corporation, limited liability company, or other legal entity.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:863.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1703 - Official Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  notice of noncompliance issued by a law enforcement officer to the operator of
				  the motor vehicle at the time of the violation of
				  R.S.
				  32:863.1 serves as official notification by
				  the department that a violation of
				  R.S.
				  32:863.1 has occurred, and such notice
				  triggers all of the requirements for compliance contained in this Chapter and
				  in
				  R.S.
				  32:863.1 as are applicable.
B. Notification issued pursuant to this
				  Chapter shall be on a form approved by the assistant secretary and shall
				  include the following.
1. In those cases in
				  which the motor vehicle is impounded, the notice shall inform the
				  owner/operator that the motor vehicle shall remain impounded and the
				  registration of the motor vehicle shall be revoked until such time as the owner
				  provides satisfactory proof to the department that the motor vehicle is covered
				  by a policy of liability insurance or such other security as is authorized by
				  state law, and until such time as the owner pays all fees required by
				  R.S.
				  32:863.1.
2. In those cases in which the motor vehicle
				  is not impounded, the notice shall inform the owner/operator that the motor
				  vehicle's registration will be revoked three days from the date the notice was
				  issue, and the registration will remain revoked until such time as the owner
				  provides satisfactory proof to the department that the motor vehicle is covered
				  by a policy of liability insurance or such other security as is authorized by
				  state law, and until such time as the owner pays all fees required by
				  R.S.
				  32:863.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1705 - Revocation of Registration Privileges

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the owner of the motor vehicle cited
				  for being operated in violation of
				  R.S.
				  32:863.1 provides proof of valid insurance in
				  effect at the time of the violation within three days of the date of the
				  violation, the registration for that motor vehicle shall not be revoked and the
				  license plate shall be returned to the individual within 48 hours upon its
				  receipt by the department.
B. If
				  the owner of the motor vehicle cited for being operated in violation of
				  R.S.
				  32:863.1 does not provide proof of valid
				  insurance in effect at the time of the violation within three days of the date
				  of the violation, the registration for that motor vehicle shall be revoked and
				  the license plate shall be destroyed.
C.
1. Any
				  period of revocation shall begin on the fourth day after the date of the
				  violation. The registration shall remain revoked until the owner of the motor
				  vehicle complies with requirements of
				  R.S.
				  32:863.1 and this Chapter.
2. If a license plate was seized at the time
				  of the violation, and a new plate issued for the motor vehicle in question, a
				  pickup order shall be issued for the new plate.
3. Nothing in this Chapter shall be construed
				  as limiting or prohibiting the department from taking any other action against
				  a registered owner of a motor vehicle who subsequently applied for a new plate,
				  after the previous plate was seized pursuant to
				  R.S.
				  32:863.1, without the registered owner first
				  complying with the provisions of
				  R.S.
				  32:863.1 and the provisions of this
				  Chapter.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1707 - Proof of Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following are the only acceptable means of proving that the motor vehicle is
				  covered by a policy of liability insurance or other statutorily authorized
				  security when the owner or his representative appears in an Office of Motor
				  Vehicles office in order to show compliance with the compulsory insurance law
				  as is required in
				  R.S.
				  32:863.1 and the vehicle weighs 20,000 pounds
				  or less:
1. proof of a liability insurance
				  policy providing at $10,000/$20,000 bodily injury and $10,000 property damage
				  as provided in
				  R.S.
				  32:900(B) by:
a. the insurance identification card issued
				  by the insurance company;
b. the
				  declaration page of the policy of insurance issued by the insurance
				  company;
c. the policy of liability
				  insurance issued by the insurance company;
d. documentation from an insurance agent
				  indicating that a timely binder for coverage had been issued if it is shown to
				  the satisfaction of the assistant secretary or his designee that the agent had
				  the authority to bind coverage by the insurance company;
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1709 - Proof of Insurance for Rental or Leased Motor Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of this Chapter, a rental
				  motor vehicle is a motor vehicle which remains registered in the name of the
				  rental company with the Office of Motor Vehicles.
B. For purposes of this Chapter, a leased
				  motor vehicle is a motor vehicle or which is registered in the name of the
				  lessee in addition to the name of the rental company with the Office of Motor
				  Vehicles.
C. The law enforcement
				  officer enforcing the provisions of
				  R.S.
				  32:863.1 may contact the rental agent to
				  determine if the rental agent wishes to retake possession of the motor vehicle.
				  If the rental agent retakes possession of the motor vehicle, the rental motor
				  vehicle shall not be impounded and the license plate of the rental motor
				  vehicle shall not be seized.
D. A
				  leased motor vehicle shall be subject to the impoundment provisions of
				  R.S.
				  32:863.1 unless one of the exceptions
				  applies.
E. No vehicle shall be
				  subject to impoundment if the operator provides proof that he owns a motor
				  vehicle which is covered by a policy of liability insurance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:863.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1711 - Transfer of Title of a Vehicle Subject to the Provision of this Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the owner of
				  a motor vehicle, which was the subject of a citation for violation of
				  R.S.
				  32:863.1, desires to sell, donate, or
				  transfer such motor vehicle, then the owner of such motor vehicle shall comply
				  with the following.
1. There must be a bona
				  fide sale, donation, transfer or assignment to a new owner of the motor vehicle
				  which was the subject of a citation for violation of
				  R.S.
				  32:863.1.
2. The new owner of the motor vehicle which
				  was previously the subject of a citation for violation of
				  R.S.
				  32:863.1 shall:
a. apply for and obtain a certificate of
				  title for the motor vehicle;
b. pay
				  the vehicle registration license tax; and
c. provide proof that the motor vehicle is
				  covered by a valid policy of liability insurance or such other security as
				  authorized by §1707
3. All fees required by
				  R.S.
				  32:863.1 shall be paid prior to the
				  department processing the title transaction.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1713 - Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any person desiring a ruling on the applicability of
				  R.S.
				  32:863.1 or any other statute, or the
				  applicability or validity of any rule, to the impoundment of motor vehicles for
				  failing to have proof of liability insurance or other security shall submit a
				  written petition to the assistant secretary. The written petition shall cite
				  all constitutional provisions, statutes, ordinances, cases, and rules which are
				  relevant to the issue presented or which the person wishes the assistant
				  secretary to consider prior to rendering an order or ruling in connection with
				  the petition. The petition shall be typed, printed or written legibly, and
				  signed by the person seeking the ruling or order. The petition shall also
				  contain the person's full printed name, the complete physical and mailing
				  address of the person, and a daytime telephone number.
B. If the petition seeks an order or ruling
				  on a transaction handled by the Office of Motor Vehicles, the person submitting
				  the petition shall notify the person or persons who submitted the transaction,
				  if other than the person submitting the petition. Such notice shall be sent by
				  certified mail, return receipt requested. In such case, the petition shall not
				  be considered until proof of such notice has been submitted to the assistant
				  secretary, or until the person petitioning for the order or ruling establishes
				  that the person or persons cannot be notified after a due and diligent effort.
				  The notice shall include a copy of the petition submitted to the assistant
				  secretary.
C. The assistant
				  secretary may request the submission of legal memoranda to be considered in
				  rendering any order or ruling. The assistant secretary or his designee shall
				  base the order or ruling on the documents submitted including the petition and
				  legal memoranda. If the assistant secretary or his designee determines that the
				  submission of evidence is necessary for a ruling, the matter may be referred to
				  a hearing officer prior to the rendering of the order or ruling for the taking
				  of such evidence.
D. Notice of the
				  order or ruling shall be sent to the person submitting the petition as well as
				  the persons receiving notice of the petition at the mailing addresses provided
				  in connection with the petition.
E.
				  The assistant secretary may decline to render an order or ruling if the person
				  submitting the petition has failed to comply with any requirement in
				  §1713
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:863.1 and
					 R.S.
					 49:962.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1715 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				  of each Section are severable. If any provision or item of Act 1486 of the 1997
				  Regular Session, amending
				  R.S.
				  32:863.1 is held invalid, then those
				  provisions or items of Chapter 17 relating to those items or provisions of Act
				  1486 that are held invalid are severable, and such invalidity shall not affect
				  other provisions, items, or applications of Chapter 17 which can be given
				  effect without regard to any invalid provisions of Act 1486.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:863.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter A - General › Section III-1717 - Owner and Driver Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each person who applies for registration of a motor vehicle, or applies for a
				  driver's license, shall declare, in writing, on a form provided by the
				  department that all motor vehicles registered in such person's name are covered
				  by security as required by
				  R.S.
				  32:861, and that such person intends to
				  maintain said security at all times while said vehicle is used upon the
				  highways of Louisiana.
B. In
				  accordance with
				  R.S.
				  32:863(D)(5), the department
				  shall collect an administrative fee of $25 to offset the administrative costs
				  of the department whenever an individual reinstates his registration privileges
				  after such registration privileges were revoked in connection a reported
				  cancellation of a motor vehicle liability insurance policy in accordance with
				  R.S.
				  32:863(A)(3)(a).
1. This administrative fee shall be in
				  addition to the reinstatement fee required by
				  R.S.
				  32:863(A)(3)(a).
2. The administrative fee shall be collected
				  for each reported insurance cancellation when the registration privileges are
				  reinstated even if multiple cancellations on one or more vehicles are being
				  reinstated at one time.
3. No
				  administrative fee will be collected if the owner submits proof satisfactory to
				  the department that there was no lapse in coverage or the person provides proof
				  satisfactory to the department that such person sold or otherwise transferred
				  the vehicle prior to the date the motor vehicle liability insurance was
				  cancelled.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter B - Specifications for Notification of Initiation, Termination, or Modification of Liability Security › Section III-1752 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective July
				  1, 1998, security providers shall report to the Department of Public Safety and
				  Corrections, Office of Motor Vehicles, certain information, on a vehicle by
				  vehicle basis, with certain exceptions, in accordance with the Compulsory Motor
				  Vehicle Liability Security Law (R.S.
				  32:861 et. seq.) "the compulsory security
				  law" and with these rules and regulations regarding the initiation of liability
				  coverage as well as the termination, withdrawal, cancellation, lapsing or
				  otherwise rendering ineffective of liability coverage.
B. As required by law and these rules and
				  regulations, reports must be made to the department whenever liability security
				  on a vehicle is issued, procured, recalled, reinstated, terminated, canceled or
				  changed from binder status to an active policy number.
C. Such information must be transmitted to
				  the department in an efficient and timely manner in accordance with these rules
				  and regulations.
D. Insurance
				  companies shall not provide information to the department except as required by
				  law or these rules and regulations. Examples of information which will not be
				  submitted to the department include, but are not limited to, the following:
1. information on non-liability coverage such
				  as collision and comprehensive policies;
2. information of liability policies not in
				  compliance with the compulsory security law (such as umbrella policies with
				  excess coverage and non-ownership policies);
3. addition or deletion of other
				  drivers;
4. change of policy
				  number;
5. invalid type use or
				  class.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter B - Specifications for Notification of Initiation, Termination, or Modification of Liability Security › Section III-1754 - General Information

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Correcting No-Hits. A "Hit" is based on the VIN number. When the VIN does not
				  match with the departments vehicle registration records and fails the VINA
				  check, the record is coded "No-Hit" (Disposition code "U"). In accordance with
				  these rules and regulations, the security provider (insurance company) has 15
				  business days from the return date of the filing to correct the VIN information
				  and resubmit. If a company provides a VIN for a 1981 or newer vehicle and the
				  departments VINA check determines that the VIN is valid, but the VIN is not
				  available from the departments vehicle registration records, the record is
				  returned as a "Restricted Hit". (Disposition code "R").
B. Reporting an Initiation of Coverage and
				  Cancellation of Coverage at the Same Time. The last record received from a
				  company for a vehicle is considered to reflect the status of the vehicle with
				  the company. Multiple filings for a single vehicle having the same company code
				  and owner-ID will result in the last record received being maintained by the
				  department. Receiving records out of order remains a problem with many
				  companies and may result in cancellation notices being sent to individuals who
				  have insurance. All records must be submitted in chronological order.
C. Recalling Notification. When a security
				  provider discovers that a cancellation or initiation of coverage was reported
				  by mistake, the security provider shall submit to the department a notice of
				  recall of notification. All of the data except the transaction type shall be
				  the same as originally submitted in order to match the recall with the
				  notification. A transaction type "B" will recall an initiation ("A"). A
				  transaction type "1" will recall a termination ("0").
D. Warning on Notice of Acknowledgment of
				  Termination to Insured. The notice of acknowledgment of termination sent to an
				  insured shall contain the following warning notice:
1. If you do not keep your liability
				  insurance in force during the entire registration period, your registering
				  privileges will be subject to revocation. By law your insurance carrier is
				  required to report specific termination information to the Commissioner of the
				  Department of Public Safety and Corrections.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter B - Specifications for Notification of Initiation, Termination, or Modification of Liability Security › Section III-1756 - Reporting Instructions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Louisiana Department of Public Safety and Corrections has two acceptable
				  methods of exchanging electronic data for compulsory liability insurance
				  reporting.
B. One method is to
				  utilize GXSs "information exchange" service. The "information exchange" service
				  will allow secure electronic data transfer between the department and each
				  insurance company. The "information exchange" service gives you the option of
				  submitting multiple filings per day. A message class should be used when
				  sending files via GXS to the test or production mailbox. The message class for
				  uncompressed files is LAPS however the department no longer accepts compressed
				  files. The following outlines steps necessary to begin participating in this
				  electronic transfer. Assistance in implementing the insurance companys part of
				  this electronic relationship will be provided by the marketing and enabling
				  support function which can be reached at (877) 326-6426. The departments
				  mailbox (account-number/user-id) is: "LAPS/LAPSS67" for test; "LAPS/LAPSS68"
				  for production. Please do not send more than 50,000 records at one time. For
				  more records, split the file into smaller parts and send these individually.
				  Each part must contain one header and one trailer.
1. A test filing shall be submitted for all
				  new companies. Please ensure that the test files are sent to the test mailbox
				  (LAPS/LAPSS67) and that all testing has been completed before sending a file to
				  the production mailbox.
2. Network
				  Connectivity/Mailbox. Security providers that currently have connectivity to
				  GXS, either through Insurance Value Added Network Services ("IVANS" phone
				  number (800) 548-2675) or directly, must ensure that their network account is
				  attached to the "information exchange" service. Marketing and Enabling Support
				  can verify this for you. If you do not currently have an account with GXS and
				  would like one, or if you currently access a mailbox for which restrictions
				  prevent use of that mailbox in this effort, you can obtain an account. Please
				  contact Marketing and Enabling Support at the number noted above.
3. Cost Information. Information for costs
				  related to participation in this activity (network charges, software charges,
				  etc.) will be provided by the individuals/groups noted above. Costs incurred
				  through participation in this electronic transfer of data will be the
				  responsibility of the filing security provider, not the department.
4. After contacting GXS, please provide the
				  department with the NAIC number, account number and user ID at
				  Insurance@dps.la.gov.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter B - Specifications for Notification of Initiation, Termination, or Modification of Liability Security › Section III-1757 - Declaratory Orders and Rulings [Formerly section 1789]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person desiring a ruling on the
				  applicability of
				  R.S.
				  32:863.2, or any other statute, or the
				  applicability or validity of any rule, to the reporting of initiation and any
				  subsequent change in insurance coverage shall submit a written petition to the
				  assistant secretary for the Office of Motor Vehicles. The written petition
				  shall cite all constitutional provisions, statutes, ordinances, cases, and
				  rules which are relevant to the issue presented or which the person wishes the
				  assistant secretary to consider prior to rendering an order or ruling in
				  connection with the petition. The petition shall be typed, printed or written
				  legibly, and signed by the person seeking the ruling or order. The petition
				  shall also contain the person's full printed name, the complete physical and
				  mailing address of the person, and a daytime telephone number.
B. If the petition seeks an order or ruling
				  on a report submitted to the Office of Motor Vehicles by a security provider,
				  the person submitting the petition shall notify the security provider who
				  submitted the report, if the person submitting the petition is not the security
				  provider. Such notice shall be sent by certified mail, return receipt
				  requested. In such case, the petition shall not be considered until proof of
				  such notice has been submitted to the assistant secretary, or until the person
				  petitioning for the order or ruling establishes that the security provider
				  cannot be notified after a due and diligent effort. The notice shall include a
				  copy of the petition submitted to the assistant secretary.
C. The assistant secretary may request the
				  submission of legal memoranda to be considered in rendering any order or
				  ruling. The assistant secretary or his designee shall base the order or ruling
				  on the documents submitted including the petition and legal memoranda. If the
				  assistant secretary or his designee determines that the submission of evidence
				  is necessary for a ruling, the matter may be referred to a hearing officer
				  prior to the rendering of the order or ruling for the taking of such
				  evidence.
D. Notice of the order or
				  ruling shall be sent to the person submitting the petition as well as the
				  security provider receiving notice of the petition at the mailing addresses
				  provided in connection with the petition.
E. The assistant secretary may decline to
				  render an order or ruling if the person submitting the petition has failed to
				  comply with any requirement in this Section.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:863.2.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter B - Specifications for Notification of Initiation, Termination, or Modification of Liability Security › Section III-1758 - Invalid Vehicle Type-Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  type-use for a vehicle is in the "CLASS" field of the vehicle registration
				  certificate. Below is a list of invalid "type-use" or "class" of vehicles that
				  are not to be reported to the department.
0109-Shriner Auto
011 0-Grotto Auto
0111, 0112, 0113, 0114, 0115, 0116, 0117, 0118, 0147,
					 0148,
0149-Public Auto
0121, 0122-Consular Auto
0124, 0125-Governors Staff Auto
0138-US Congressman
0139-US Senator
0205, 0236, 0241-Forest Truck
0209-Shriner Truck
0210-Grotto Truck
0211, 0212, 0213, 0214, 0215, 0216, 0217-Public
					 Truck
0221, 0222-Consular Truck
0224, 0225-Governors Staff Truck
0242, 0243, 0244, 0245, 0246-Farm Truck
0252, 0253, 0254-Public Truck
0262-Handicap Farm Truck
0305, 0306, 0307, 0311, 0312, 0313, 0314, 0315,
0316-Public Motorcycle
0309-Shriner Motorcycle
0310-Grotto Motorcycle
0409-Shriner Bus
0415, 0416, 0417, 0418, 0419, 0420, 0421, 0422, 0423, 0427,
					 0428, 0429, 0466, 0467, 0468-Public Bus
0601, 0602-House Trailer
0701,0722-Trailer
0702,0733-Boat Trailer
0703-4 Year Trailer
0704-Light Semi Trailer
0705-Trailer Apportioned
0706-Farm Semi Trailer
0707, 0708, 0709, 0723, 0724, 0725-Public Perm
					 Trailer
0710, 0711, 0712-Public Boat Trailer
0713, 0714, 0715-Public 4 Year Trailer
0716, 0717, 0718-Public Light Semi Trailer
0719, 0720, 0721-Public Plate Trailer
0726-Shriner Trailer
0727-Grotto Trailer
0728-Appor Life trailer
0729, 0730-Trailer Life
0731, 0732-Trailer 4 Year
0901, 0902, 0903, 0904, 0905-Off-Road
					 Vehicle
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:863.2.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter B - Specifications for Notification of Initiation, Termination, or Modification of Liability Security › Section III-1760 - Identification Card Specifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General Information
1. Pursuant to
				  R.S.
				  32:863, which became effective July 1, 1985,
				  all vehicles registered in the State of Louisiana must contain within the
				  vehicle documentation indicating compliance with the compulsory motor vehicle
				  liability security law. An identification card may be used in lieu of the
				  actual policy as a means of showing evidence of liability insurance coverage.
2. The purpose of developing an
				  approved identification card should be to provide a document to be used as
				  proof of compliance with Louisianas compulsory insurance laws.
3. Those ID cards, in conformance with the
				  attached specifications, will be accepted as proof of liability insurance by
				  law enforcement and by the Office of Motor Vehicles.
4. In order for the security provider to
				  insure compliance with specification requirements, the security provider shall
				  furnish the department with sample copies of its Louisiana Liability Insurance
				  Identification Card. Mail sample ID cards to:
Department of Public Safety and Corrections
Office of Motor Vehicles
Compulsory Insurance Unit
Post Office Box 64886
Baton Rouge, LA 70896-4886
or
Fax copy to (225)-922-0158
Attention: Supervisor
5. For questions regarding implementation,
				  please call the Compulsory Insurance Unit at (225) 925-7285.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter B - Specifications for Notification of Initiation, Termination, or Modification of Liability Security › Section III-1762 - Proof of Liability Security

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In accordance with Act 423 (HB1366)
				  R.S.
				  32:862(B)(H), licensed
				  drivers and motor vehicle owners will be required to show proof of liability
				  coverage at the time of vehicle registration, renewal of license plate and at
				  the time of initial application, renewal or change of address/endorsement for a
				  drivers license. Acceptable proof of insurance will be in the form of one of
				  the following.
1. For vehicles with a gross
				  vehicle weight of 20,000 pounds or under:
a.
				  proof that a liability insurance policy providing at least $15,000/$30,000
				  bodily injury and $25,000 property damage as provided in
				  R.S.
				  32:900(B) was issued. (Copy
				  of insurance identification card, copy of insurance policy or copy of
				  declaration page of insurance policy); or
b. proof that an approved motor vehicle
				  liability bond was issued by a surety or insurance company in the amount of
				  $30,000; or
c. proof that a
				  certificate was issued from the state treasurer stating that cash or securities
				  of $55,000 was on deposit with the state treasurer; or
d. proof that a Louisiana certificate of
				  self-insurance was issued under
				  R.S.
				  32:1042.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 17 - Compulsory Insurance › Subchapter B - Specifications for Notification of Initiation, Termination, or Modification of Liability Security › Section III-1764 - Declaratory Orders and Rulings [Formerly section 1789]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person desiring a ruling on the
				  applicability of
				  R.S.
				  32:863.2, or any other statute, or the
				  applicability or validity of any rule, to the reporting of initiation and any
				  subsequent change in insurance coverage shall submit a written petition to the
				  assistant secretary for the Office of Motor Vehicles. The written petition
				  shall cite all constitutional provisions, statutes, ordinances, cases, and
				  rules which are relevant to the issue presented or which the person wishes the
				  assistant secretary to consider prior to rendering an order or ruling in
				  connection with the petition. The petition shall be typed, printed or written
				  legibly, and signed by the person seeking the ruling or order. The petition
				  shall also contain the person's full printed name, the complete physical and
				  mailing address of the person, and a daytime telephone number.
B. If the petition seeks an order or ruling
				  on a report submitted to the Office of Motor Vehicles by a security provider,
				  the person submitting the petition shall notify the security provider who
				  submitted the report, if the person submitting the petition is not the security
				  provider. Such notice shall be sent by certified mail, return receipt
				  requested. In such case, the petition shall not be considered until proof of
				  such notice has been submitted to the assistant secretary, or until the person
				  petitioning for the order or ruling establishes that the security provider
				  cannot be notified after a due and diligent effort. The notice shall include a
				  copy of the petition submitted to the assistant secretary.
C. The assistant secretary may request the
				  submission of legal memoranda to be considered in rendering any order or
				  ruling. The assistant secretary or his designee shall base the order or ruling
				  on the documents submitted including the petition and legal memoranda. If the
				  assistant secretary or his designee determines that the submission of evidence
				  is necessary for a ruling, the matter may be referred to a hearing officer
				  prior to the rendering of the order or ruling for the taking of such
				  evidence.
D. Notice of the order or
				  ruling shall be sent to the person submitting the petition as well as the
				  security provider receiving notice of the petition at the mailing addresses
				  provided in connection with the petition.
E. The assistant secretary may decline to
				  render an order or ruling if the person submitting the petition has failed to
				  comply with any requirement in this Section.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:863.2.