§99.2. Reckless operation of an off-road vehicle
A. Reckless operation of an off-road vehicle is the operation of any off-road vehicle
in a criminally negligent or reckless manner upon any public roadway or right of way.
B.
(1)For purposes of this Section, "off-road vehicle" shall include but not be limited
to three-wheelers, four-wheelers, dirt bikes, or other all-terrain vehicles that are not
specifically designed for use on public roads and highways.
(2)For the purposes of this Section, acts which may constitute reckless operation
of an off-road vehicle shall include but not be limited to operating the vehicle on a public
roadway or right of way in a manner that:
(a)Forces another vehicle to leave the roadway.
(b)Collides with another vehicle or person.
(c)Exceeds the posted speed l
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§99.2. Reckless operation of an off-road vehicle
A. Reckless operation of an off-road vehicle is the operation of any off-road vehicle
in a criminally negligent or reckless manner upon any public roadway or right of way.
B.(1) For purposes of this Section, "off-road vehicle" shall include but not be limited
to three-wheelers, four-wheelers, dirt bikes, or other all-terrain vehicles that are not
specifically designed for use on public roads and highways.
(2) For the purposes of this Section, acts which may constitute reckless operation
of an off-road vehicle shall include but not be limited to operating the vehicle on a public
roadway or right of way in a manner that:
(a) Forces another vehicle to leave the roadway.
(b) Collides with another vehicle or person.
(c) Exceeds the posted speed limit.
(d) Travels against the flow of traffic.
(e) Disregards traffic control devices.
(f) Drives around or between standing or moving vehicles without regard to lanes
of traffic.
(g) Impedes traffic flow.
(h) Travels off the roadway and back on to the roadway deliberately.
(3) For purposes of this Section, reckless operation of an off-road vehicle shall also
include operating the vehicle on a public roadway or right of way:
(a) While performing stunts of showmanship, such as riding wheelies or acrobatic
stunts.
(b) While harassing the drivers of other vehicles or pedestrians by verbal taunting
or making threatening gestures.
(c) While corralling an occupied vehicle or a pedestrian.
C. It shall be unlawful for a person to solicit or to assist in soliciting participation in
any rally, ride, or gathering that encourages the violation of this Section by the use of a
computer online service, internet service, or any other means of electronic communication,
including but not limited to a local bulletin board service, internet chat room, electronic mail,
social media, or online messaging service.
D. Any drivers of motor vehicles participating in or traveling in support of persons
in violation of this Section shall be considered in violation of this Section. Persons who are
directly participating in this activity by photographing or filming violations of this Section
to document the activity for the riders shall also be considered in violation of this Section.
This Section shall not apply to individuals who are not participating in the violation of this
Section and who are filming or photographing.
E.(1) Whoever commits a violation of this Section shall be fined not more than five
hundred dollars, or imprisoned for not more than ninety days, or both.
(2) In addition to any other sentence, the court shall order, upon motion of the
prosecuting district attorney, that the off-road vehicle being operated by the offender at the
time of the offense be seized and impounded and destroyed when:
(a) The driver was wearing a hood, mask, or disguise of any kind with the intent to
hide or conceal his identity during the commission of the crime of reckless operation of an
off-road vehicle.
(b) It is a second or subsequent conviction for the offender pursuant to this Section.
(c) The driver has a previous conviction in this state or under a similar law in another
state for:
(i) R.S. 14:96, aggravated obstruction of a highway of commerce.
(ii) R.S. 14:97, simple obstruction of a highway of commerce.
(iii) R.S. 14:99, reckless operation.
(iv) R.S. 14:108, resisting an officer.
(3) Notwithstanding the provisions of Paragraph (2) of this Subsection, the off-road
vehicle shall not be destroyed if it was stolen, or if the driver of the off-road vehicle at the
time of the violation was not the owner and the owner did not know that the driver was
operating the off-road vehicle in violation of this Section. However, the off-road vehicle
shall not be released from impoundment until such time as towing and storage fees have been
paid. In addition, the off-road vehicle shall not be destroyed if the towing and storage fees
are paid by a valid lienholder.
(4) If the district attorney elects to seize and impound the off-road vehicle, he shall
file a written motion at least five days prior to sentencing, stating his intention to destroy the
off-road vehicle. When the district attorney elects to seize, impound, and destroy the off-road
vehicle, the court shall order it seized and impounded. The court shall also order the vehicle
destroyed unless the provisions of Paragraph (3) of this Subsection are applicable.
F.(1) In addition to the penalties imposed pursuant to this Section, upon conviction
the offender shall also be fined an additional five dollars.
(2) Monies collected pursuant to this Subsection shall be forwarded by the sheriff
to the state treasurer within thirty days of collection.
(3) After allocation to the Bond Security and Redemption Fund as provided in
Article VII, Section 9(B) of the Constitution of Louisiana, the state treasurer shall deposit
the collections into the Louisiana Emergency Response Network Fund as established in R.S.
40:2845.