§ 32:1 — Definitions
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§1. Definitions When used in this Chapter, the following terms have the following meanings unless the context clearly indicates otherwise:
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§1. Definitions
When used in this Chapter, the following terms have the following meanings unless
the context clearly indicates otherwise:
(1) "Authorized emergency vehicle" means a vehicle of a fire department, a vehicle
of the department's weights and standards police force, a police vehicle, a private vehicle, a
privately owned vehicle belonging to members of an organized volunteer fire department or
fire district when so designated or authorized by the fire chief of that fire department or fire
district, an industrial-owned vehicle assigned to members of a fire department or fire district
when so designated or authorized by the fire chief of that fire department or fire district, a
vehicle parked or stopped by elevator repair or construction personnel while responding to
an elevator emergency, such as ambulances and emergency medical response vehicles
certified by the Louisiana Department of Health that are operated by certified ambulance
services, vehicles used for coroner investigations as designated by the parish coroner, and
emergency vehicles of municipal departments or public service corporations as are
designated or authorized by the secretary of the Department of Transportation and
Development or by the chief of police of any incorporated municipality. For purposes of this
Section, elevator repair shall be limited to those elevators that move people.
(2)(a) "Autocycle" means a three-wheeled motorcycle on which the driver and all
passengers ride in either a partially or completely enclosed seating area or in a side-by-side
seating area that is equipped with a rollbar or roll cage, safety belts for all occupants, and is
designed to be controlled with a steering mechanism and pedals.
(b) For purposes of this Paragraph, "rollbar" or "roll cage" shall mean supports that
will bear the vehicle's weight and are so designed as to protect the occupants when the
vehicle is resting on the supports.
(3) "Automated speed enforcement device" means an unmanned or handheld camera
or optical device installed to work in conjunction with a traffic control signal or radar speed
detection equipment, or both, and designed to collect photographic evidence of alleged traffic
violations for the issuance of traffic citations by recording images that depict the license plate
or other identifying feature of a motor vehicle not in compliance with instruction of a traffic
control signal or posted traffic sign.
(4)(a) "Autonomous technology" means technology installed on a motor vehicle that
has the capability to drive the vehicle on which the technology is installed in high-or full-automation mode, without any supervision by a human operator, with specific driving mode
performance by the automated driving system of all aspects of the dynamic driving task that
can be managed by a human driver, including the ability to automatically bring the motor
vehicle into a minimal-risk condition in the event of a critical vehicle or system failure, or
other emergency event.
(b) For purposes of this Paragraph, the following terms shall have the meanings
ascribed to them in this Subparagraph:
(i) "Driving mode" means a type of driving scenario with characteristic dynamic
driving task requirements including but not limited to expressway merging, high-speed
cruising, low-speed traffic jam, or closed-campus operations.
(ii) "Dynamic driving task" means the operational and tactical aspects of the driving
task, but not the strategic aspect of the driving task.
(iii) "Operational" means steering, braking, accelerating, or monitoring the vehicle
and roadway.
(iv) "Strategic" means determining destinations and waypoints.
(v) "Tactical" means and includes but is not limited to responding to events or
determining when to change lanes, turn, or use signals.
(5) "Axle" means the common axis of rotation of one or more wheels whether
power-driven or freely rotating, and whether in one or more segments, and regardless of the
number of wheels carried thereon.
(6) "Axle group" means an assemblage of two or more consecutive axles considered
together in determining their combined load effect on a highway.
(7) "Bicycle" means every device upon which any person or persons, if the design
accommodates passengers, may ride, propelled exclusively by human power, or an electric-assisted bicycle as defined in this Section, having a saddle or seat for each rider, and having
two tandem wheels, either of which is sixteen inches or more in diameter, or three wheels,
any one of which is twenty inches or more in diameter.
(8) "Bicycle facility" means any physical facility provided for the exclusive or semi-exclusive use of bicycles. This includes but is not limited to unmarked shared roadways,
marked shared roadways, bicycle lanes, shared use trails, and end of trip facilities.
(9) "Bicycle lane" means the part of the roadway adjacent to the travel lane,
designated by official signs or markings for the preferential or exclusive use by bicycles and
electric mobility aid users.
(10) "Bicycle parking" means any facility for the storage of bicycles to protect
against theft and damage.
(11) "Bicycle path or trail" means a public way separated by open space, grade, or
other physical barrier from motor traffic, either within the highway right-of-way or within
an independent right-of-way, that is designated for use by persons riding bicycles.
(12) "Bus" or "large passenger vehicle" means every motor propelled vehicle
designed for carrying more than ten persons other than a taxicab constructed and designed
for transporting persons for commercial purposes.
(13) "Business district" means the territory contiguous to and including a highway
when within any six hundred feet along such highway there are buildings in use for business
or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad
stations and public buildings which occupy at least three hundred feet frontage on one side
or three hundred feet collectively on both sides of the highway.
(14) "Cargo" means the items or freight to be moved, including items placed on or
in a vehicle, towed by a vehicle, or a vehicle itself.
(15) "Chauffeur" means every person who is employed by another for the principal
purpose of driving a motor vehicle, except school bus operators.
(16) "Combination of vehicles" means every group of two or more vehicles
howsoever joined together which are drawn or propelled by a single motor vehicle.
(17) "Commissioner" means the secretary of the Department of Public Safety and
Corrections.
(18) "Connecting mechanism" means an arrangement of parts interconnecting two
or more consecutive axles to the frame of a vehicle in such a manner as to equalize the load
between axles.
(19) "Controlled-access highway" means every highway, street, or roadway in respect
to which owners or occupants of abutting lands and other persons have no legal right of
access to or from the same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such highway, street, or roadway.
(20) "Crosswalk" means: (a) That part of a roadway at an intersection included
within the connections of the lateral lines of the sidewalks, shoulders, or a combination
thereof on opposite sides of the highway measured from the curbs or, in absence of curbs,
from the edges of the traversable roadway or if there is neither a sidewalk nor shoulder, a
crosswalk is the portion of the roadway at an intersection that would be included within the
prolongation of the lateral lines of the sidewalk, shoulder, or both on the opposite side of the
street if there were a sidewalk or shoulder.
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
(21) "Department" means the Department of Transportation and Development.
(22) "Divided highway" means any highway divided into roadways by a median,
physical barrier, or clearly indicated dividing section so constructed as to impede vehicular
traffic.
(23) "Driver" means every person who drives or is in actual physical control of a
vehicle.
(24) "Dummy axle" means a single axle attached independently to the frame of a
vehicle and so designed and placed as to indicate the appearance of and to carry a uniformly
distributed load of a normal tandem axle.
(25) "Electric-assisted bicycle" means every bicycle upon which any person or
persons, if the design accommodates passengers, may ride, having a saddle or seat for each
rider, and having two tandem wheels, either of which is sixteen inches or more in diameter,
or three wheels, any one of which is twenty inches or more in diameter, equipped with fully
operable pedals, and an electric motor of less than seven hundred fifty watts that meets the
requirement of one of the following classes:
(a) "Class one electric-assisted bicycle" means an electric-assisted bicycle equipped
with a motor, which provides assistance only when the rider is pedaling and ceases to provide
assistance when the bicycle reaches the speed of twenty miles per hour.
(b) "Class two electric-assisted bicycle" means an electric-assisted bicycle equipped
with a motor, which may be used exclusively to propel the bicycle and is not capable of
providing assistance when the bicycle reaches the speed of twenty miles per hour.
(c) "Class three electric-assisted bicycle" means an electric-assisted bicycle equipped
with a motor, which provides assistance only when the rider is pedaling and ceases to provide
assistance when the bicycle reaches the speed of twenty-eight miles per hour.
(26) "Explosives" means any chemical compound or mechanical mixture that is
commonly used or intended for the purpose of producing an explosion and which contains
any oxidizing and combustive units or other ingredients in such proportions, quantities, or
packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of
any part of the compound or mixture may cause such a sudden generation of highly heated
gases that the resultant gaseous pressures are capable of producing destructive effects on
contiguous objects or of destroying life or limb.
(27) "Factory-built home" has the meaning given to that term in R.S. 9:1149.2.
(28) "Farm tractor" means every motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines, and other implements of husbandry.
(29) "Flammable liquid" means any liquid which has a flash point of seventy degrees
F., or less, as determined by a tagliabue or equivalent closed-cup test device.
(30) "Freight-carrying vehicle" means every motor vehicle designed for and used
primarily as a carrier of freight transported for commercial purposes, which vehicle is
licensed for six thousand pounds or more. This shall not include pick-up or panel trucks
unless they are so heavily loaded with such freight as to exceed six thousand pounds gross
weight and shall never include any passenger-carrying vehicle.
(31) "Gross weight" means the weight of a vehicle and/or combination of vehicles
without load on all axles including the steering axle plus the weight of any load thereon.
(32) "Height" means the total vertical dimension of any vehicle above the ground
surface including any load and load-holding devices thereon.
(33) "High pressure pneumatic tire" means a pneumatic tire designed for use and
used when inflated with air to one hundred twenty pounds per square inch pressure or more.
(34) "Highway" means the entire width between the boundary lines of every way or
place of whatever nature publicly maintained and open to the use of the public for the
purpose of vehicular travel, including bridges, causeways, tunnels and ferries; synonymous
with the word "street".
(35)(a) "Intersection" means: The area embraced within the prolongation or
connection of the lateral curb lines, or, if none, then the lateral boundary lines of the
roadways of two highways which join one another at, or approximately at, right angles, or
the area within which vehicles traveling upon different highways joining at any other angle
may come in conflict.
(b) Where a highway includes two highways thirty feet or more apart, then every
crossing of each highway of such divided highway by an intersecting highway shall be
regarded as a separate intersection. In the event such intersecting highway also includes two
highways thirty feet or more apart, then every crossing of two highways of such highways
shall be regarded as a separate intersection.
(c) The junction of an alley or driveway with a street or highway shall not constitute
an intersection unless the roadway or highway at said junction is controlled by a traffic
control device.
(d)(i) Where a highway includes a stop line, yield line, or crosswalk that has not been
designated on the roadway within the median between the separate intersections, the two
intersections and the roadway median between them shall be considered as one intersection.
(ii) Where a highway with a stop line, yield line, or crosswalk is designated on the
roadway on the intersection approach, the area within the crosswalk or beyond the designated
stop line or yield line shall be part of the intersection.
(iii) Where a crosswalk is designated on a roadway on the departure from the
intersection, the intersection shall include the area extending to the far side of such
crosswalk.
(36) "Interstate highway" means a fully controlled access highway which is a part of
the National System of Interstate and Defense Highways.
(37) "Laned roadway or highway" means a roadway or highway which is divided into
two or more clearly marked lanes for vehicular traffic.
(38) "Length" means the total longitudinal dimension of a single vehicle, a trailer,
or a semi-trailer. Length of a trailer or semi-trailer is measured from the front of the cargo-carrying unit to its rear and includes load-holding devices thereon.
(39) "Light trailer" means every vehicle of the trailer or semi-trailer type having a
loaded gross weight of not more than five hundred pounds.
(40) "Load" means a weight or quantity of anything resting upon something else
regarded as its support.
(41) "Local municipal authority" means every council, commission, or other board
given authority by the constitution and laws of this state to govern the affairs of a
municipality.
(42) "Local parish authority" means every police jury, commission, council, or other
board given authority by the constitution and laws of this state to govern the affairs of a
parish of this state.
(43) "Low pressure pneumatic tire" means a pneumatic tire designed for use and used
when inflated with air to less than one hundred twenty pounds per square inch pressure.
(44) "Metal tire" means every tire, the surface of which is in contact with the
highway, is wholly or partly of metal or other hard, nonresilient material.
(45) "Military surplus motor vehicle" means a wheeled, multipurpose or tactical
motor vehicle manufactured for, and sold directly to, the Armed Forces of the United States
in conformity with contractual specifications and subsequently authorized for sale to
civilians. "Military surplus motor vehicle" does not include mobile construction equipment,
trailers, or semitrailers.
(46) "Mobile speed camera" means a device designed to collect photographic or video
evidence of an alleged violation of a posted speed limit by recording images that depict the
license plate or other identifying feature of a motor vehicle that is not operated in compliance
with a posted speed limit sign.
(47) "Mobility aid" means a device used by individuals to ambulate independently
and that is human or electric powered and used in- or outdoors.
(48) "Motor carrier" means any person owning, controlling, managing, operating, or
causing to be used or operated any commercial motor vehicle used in the transportation of
persons or property over the public highways of this state, whether as a transportation agency
or howsoever utilizing said public facilities.
(49) "Motor driven cycle" means every motorcycle, including every motor scooter,
with a motor of not to exceed five horsepower.
(50) "Motor vehicle" means every vehicle which is self-propelled, and every vehicle
which is propelled by electric power obtained from overhead trolley wires, but not operated
upon rails, but excluding a motorized bicycle and an electric-assisted bicycle. "Motor
vehicle" shall also include a "low-speed vehicle" which is a four-wheeled, electric-powered
vehicle with a maximum speed of not less than twenty miles per hour but not more than
twenty-five miles per hour and is equipped with the minimum motor vehicle equipment
appropriate for vehicle safety as required in 49 CFR 571.500.
(51) "Motorcycle" means every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in contact with the ground, but
excluding a tractor, a motorized bicycle, and an electric-assisted bicycle.
(52) "Motorized bicycle" means a pedal bicycle which may be propelled by human
power or helper motor, or by both, but excluding an electric-assisted bicycle, with a motor
rated no more than one and one-half brake horsepower, a cylinder capacity not exceeding
fifty cubic centimeters, an automatic transmission, and which produces a maximum design
speed of no more than twenty-five miles per hour on a flat surface.
(53) "Multiple-lane highway" means any highway with two or more clearly marked
lanes for traffic in each direction.
(54) "Municipality" means an incorporated village, town, or city created under the
authority of the constitution or laws of this state.
(55) "Operator" means 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.
(56) "Owner" means a person who holds a legal title to a vehicle or in the event a
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.
(57) "Park" or "parking" means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading merchandise or passengers.
(58) "Parking area" means an area used by the public as a means of access to and
egress from, and for the free parking of motor vehicles by patrons of a shopping center,
business, factory, hospital, institution, or similar building or location.
(59) "Passenger car" means any passenger car required to be equipped with safety
belts by Federal Motor Vehicle Standard No. 208 (49 CFR 571.208).
(60) "Pavement structure" means the combination of subbase, base course, and
surface course placed on an earth subgrade to support the traffic load and distribute it to the
roadbed.
(61) "Pedestrian" means any person afoot or utilizing a mobility aid.
(62) "Platoon" or "platooning" means a group of individual motor vehicles, including
any truck, truck-tractor, trailer, semitrailer, or any combination of these vehicles, utilizing
vehicle-to-vehicle communication technology to travel in a unified manner at close following
distances.
(63) "Pneumatic tire" means every tire of rubber or other resilient material which
depends upon compressed air for support of a load.
(64) "Police officer" means every officer authorized to direct or regulate traffic or
to make arrests for violations of traffic regulations.
(65) "Private road or driveway" means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied permission from
the owner, but not by other persons.
(66) "Quadrum axle" means any four consecutive axles whose centers are more than
forty inches but not more than ninety-six inches apart, and are designed to equalize the load
between axles.
(67) "Railroad" means a carrier of persons or property upon cars, other than
streetcars, operated upon stationary rails.
(68) "Railroad sign or signal" means any sign, signal, or device erected by authority
of a public body or official or by a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train.
(69) "Railroad train" means a steam or diesel engine, electric or other motor, with
or without cars coupled thereto, operated upon rails, except streetcars.
(70) "Red light camera" means a device installed at an intersection designed to
collect photographic or video evidence of alleged traffic violations by recording images that
depict the license plate or other identifying feature of a motor vehicle that is not operated in
compliance with instruction of a traffic control signal or a posted traffic sign.
(71) "Regular operation" means movement over highways of vehicles, combinations
of vehicles, and loads thereon, subject to the limitations contained in this Chapter governing
maximum weights and dimensions for motor vehicles and loads thereon.
(72) "Residence district" means the territory contiguous to a highway not comprising
a business district, when the frontage on such a highway for a distance of three hundred feet
or more is mainly occupied by dwellings or by dwellings and buildings in use for business.
(73) "Right of way" means the privilege of the immediate use of the highway.
(74) "Road tractor" means every motor vehicle designed, constructed, or used either
by itself or for drawing other vehicles used in the construction and maintenance of roads,
highways, or streets, and not so constructed as to carry any load thereon, either independently
or as a part of the weight of a vehicle or load so drawn.
(75) "Roadway" means that portion of a highway improved, designed, or ordinarily
used for vehicular traffic, exclusive of the berm or shoulder. A divided highway has two or
more roadways.
(76) "Rotary traffic island" means any circular area of ground, surrounded by a
highway or roadway which is designed to prevent the crossing of traffic on four or more
otherwise intersecting highways, in order to require all traffic approaching it to proceed for
some distance around a portion of the island before entering one of the intersecting highways
and to prevent left hand turns onto such otherwise intersecting highways.
(77) "Safety zone" means the area or space officially set apart within a highway for
the exclusive use of pedestrians and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a safety zone.
(78) "School bus" means every motor vehicle that is used to transport students to and
from school or in connection with school activities, but not including a charter bus or transit
bus.
(79) "Seat belt" means the manual restraint system installed by the manufacturer as
required by Federal Motor Vehicle Standard No. 208 which became effective January 1,
1968.
(80) "Secretary" means the secretary of the Department of Transportation and
Development or his delegated or authorized representative.
(81) "Semitrailer" means every single vehicle without motive power designed for
carrying property and passengers and so designed in conjunction and used with a motor
vehicle that some part of its own weight and that of its own load rests or is carried by another
vehicle and having one or more load-carrying axles.
(82) "Shared use trail" means a public way separated by open space, grade, or other
physical barrier from motor traffic, either within the highway right-of-way or within an
independent right-of-way, that is designated for use by pedestrians, mobility aid users, and
persons riding bicycles.
(83) "Shoulder" means the portion of the highway contiguous with the roadway for
accommodation of stopped vehicles, for emergency use, pedestrian use, mobility aid use,
bicycle use, and for lateral support of base and surface.
(84) "Sidewalk" means that portion of a highway between the curb lines, or the
lateral lines of a highway, and the adjacent property lines, intended for the use of pedestrians.
(85) "Single axle" means an assembly of two or more wheels, whose centers are in
one transverse vertical plane or may be included between two parallel transverse vertical
planes forty inches apart extending across the full width of the vehicle.
(86) "Single axle weight" means the total weight transmitted to the road by a single
axle.
(87) "Special permit" means a written authorization to move or operate on a highway
a vehicle or combination of vehicles with indivisible load of size and/or weight exceeding
the limits prescribed for vehicles in regular operation.
(88) "Special permit applicant" means an individual, firm, partnership, corporation,
or association making application for a special permit to transport a vehicle, combination of
vehicles, and/or load which is oversize or overweight and under whose authority and
responsibility such vehicle or load is transported.
(89) "Stand" or "standing" means the halting of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in receiving or
discharging passengers.
(90) "State maintained highway" means any highway in this state which is contained
in the state highway system as defined by law or which is maintained by the department.
(91) "Steering axle" means the axle of a motor vehicle or combination of vehicles
by which the same is guided or steered.
(92) "Stop" means, when required, the complete cessation from movement.
(93) "Stop" or "stopping" means, when prohibited, any halting, even momentarily
of a vehicle, whether occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer, weights and standards police
officer, or traffic control sign or signal.
(94) "Street" means the entire width between the boundary lines of every way or
place of whatever nature publicly maintained and open to the use of the public for the
purpose of vehicular travel, including bridges, causeways, tunnels, and ferries; synonymous
with the word "highway".
(95) "Tandem axle" means any two consecutive axles whose centers are more than
forty inches but not more than ninety-six inches apart, and are designed to equalize the load
between axles.
(96) "Tandem axle weight" means the total weight transmitted to the road by a
tandem axle.
(97) "Tandem truck" means every motor propelled single vehicle designed for the
conveyance of property or things for hauling purposes and having one front or steering axle
and two rear or load carrying axles, even though one of the load carrying axles is not
permanently affixed to the frame of the vehicle and may be removed.
(98) "Through highway" means every highway or portion thereof on which vehicular
traffic is given preferential right of way, and at the entrances to which vehicular traffic from
intersecting highways is required by law to yield the right of way to vehicles on such through
highway in obedience to either a stop sign or a yield sign, when such signs are erected as
provided in this Chapter.
(99) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
conveyances either singly or together while using any highway for purposes of travel.
(100) "Traffic control device" means all signs, signals, markings, and devices, not
inconsistent with this Chapter, placed or erected by authority of a public body or official
having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(101) "Traffic control signal" means a type of highway traffic signal, manually,
electrically or mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
(102) "Trailer" means every single vehicle without motive power designed for
carrying property or passengers wholly on its own structure, drawn by a motor vehicle which
carries no part of the weight and load of the trailer on its own wheels and having two or more
load carrying axles.
(103) "Tridum axle" means any three consecutive axles whose centers are more than
forty inches but not more than ninety-six inches apart, and are designed to equalize the load
between axles.
(104) "Tridum axle weight" means the total weight transmitted to the road by a
tridum axle.
(105) "Truck" means every motor propelled single vehicle for the conveyance of
property or things for hauling purposes and having one front steering axle and one rear or
load carrying axle.
(106) "Truck-tractor" means every motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load drawn.
(107) "Turning path" means the path of a designated point on a vehicle making a
specified turn.
(108) "Turning track width" means the radial distance between the turning paths of
the outside of the outer front tire and the outside of the rear tire which is nearest the center
of the turn.
(109) "Urban district" means the territory contiguous to and including any street
which is built up with structures devoted to business, industry, or dwelling houses situated
at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(110) "Vehicle" means every device by which persons or things may be transported
upon a public highway or bridge, except devices moved by human power or used exclusively
upon stationary rails or tracks. A bicycle or a ridden animal shall be a vehicle, and a trailer
or semitrailer shall be a separate vehicle.
(111) "Weights and standards mobile police officer" means an employee of the office
of state police of the Department of Public Safety and Corrections, public safety services,
with responsibilities and duties as provided by R.S. 40:1379.8.
(112) "Weights and standards stationary scale police officer" means an employee of
the Department of Transportation and Development, authorized to enforce the provisions of
R.S. 32:380 through 388.1 and 390, R.S. 47:718, Chapter 4 of Subtitle II of Title 47 of the
Louisiana Revised Statutes of 1950, the access laws and regulations relative to controlled
access highways, and certain other specified statutes and regulations of the Department of
Transportation and Development.
(113) "Width" means the total outside transverse dimension of a vehicle including
any load or load holding devices thereon but excluding approved safety devices and tire
bulge due to load.
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