§ 32:1516 — Driver qualifications

§1516. Driver qualifications
A. The secretary shall adopt and promulgate rules and regulations for
the qualifications and licensing of each person driving, piloting, or otherwise
in charge of any transport vehicle transporting hazardous material, freight or
passengers or any material designated as hazardous waste under regulations
issued in this state. Oversight review shall be conducted by the Joint
Legislative Committee on Transportation, Highways, and Public Works. The
regulations shall cover physical ability, a written examination, and an
examination of the skill necessary for the operation or supervision of the
transport vehicle.
B. No person having any disorder characterized by a lapse of
consciousness or other mental or physical disability affecting the ability to
drive or pilot safely shall be granted a license under this Section. The
secretary of the Louisiana Department of Health shall provide a medical
evaluation and recommendation as to which disorders are characterized by a
lapse of consciousness and which types of mental or physical disability will
affect the ability of a person to drive or pilot safely. Based upon these
recommendations the secretary shall adopt and promulgate a listing of
disorders and disabilities which make a person ineligible to receive a license
pursuant to this Section.
C.(1) No person shall operate or take part in operating, or be in
physical control of a transport vehicle if he possesses, is under the influence
of, or is using, any substance controlled under the Uniform Controlled
Dangerous Substance Law (R.S. 40:963), nor may that person do so with any
substance which renders him incapable of performing his duties.
(2) No carrier shall knowingly require or permit a person to violate this
Section.
(3) The provisions of this Paragraph do not apply to the possession or
use of a substance administered to a person by a physician or under the care of
a physician when the physician has advised the person that the substance will
not affect his ability to operate a transport vehicle.
(4) As used in this Section, "possession" does not include possession
of a substance which is manifested and transported as part of a shipment.
D.(1) No person shall:
(a) Consume an intoxicating beverage, regardless of its alcoholic
content, or be under the influence of an intoxicating beverage, within four
hours of going on duty or operating, or participating in the operation of or
having physical control of, a transport vehicle; or
(b) Consume an intoxicating beverage regardless of its alcoholic
content, or be under the influence of an intoxicating beverage, while on duty,
or operating, or participating in the operation of or in physical control of, a
transport vehicle; or
(c) Be on duty or operate a transport vehicle while having in his
possession an intoxicating beverage regardless of its alcoholic content. The
provisions of this Paragraph do not apply to possession of an intoxicating
beverage which is manifested and transported as part of a shipment.
(d) Be on duty, operate, or participate in the operation of a transport
vehicle under the influence of alcohol.
(2) No carrier shall require or permit a person to:
(a) Violate any provision of Paragraph (a) of this Subsection; or
(b) Be on duty or operate a transport vehicle if, by the person's general
appearance or conduct or by other substantiating evidence, the person appears
to have consumed an intoxicating beverage within the preceding four hours or
have alcohol in his system.
E.(1) With a reasonable suspicion, any officer of the office of state
police may require anyone operating or participating in the operation of a
transport vehicle to take a chemical test or tests of his blood, breath, or urine
to determine the alcohol content and/or content in his system of any Schedule
I, II, III, IV, and V drugs, as defined in R.S. 40:964.
(2) Pursuant to rules and regulations promulgated by the Deputy
Secretary of Public Safety refusal to submit to the chemical test may result in
the loss for one year of the individual's privileges to operate a transport
vehicle.

Legislative History

Added by Acts 1979, No. 83, §1. Amended by Acts 1980, No. 603, §1, eff. July 23, 1980; Acts 1984, No. 333, §1, eff. Jan. 1, 1985; Acts 1985, No. 113, §1, eff. June 29, 1985; Acts 1985, No. 497, §1, eff. July 12, 1985.