§ 32:1728.2 — Procedure for disposal of junk vehicles

Louisiana § 32:1728.2

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§1728.2. Procedure for disposal of junk vehicles
A. The provisions of this Section shall provide an alternate procedure for disposing
of junk vehicles.
B. Repealed by Acts 2001, No. 1097, §2.
C. As used in this Section:
(1) "Crush or dismantle" means to render the vehicle in such a state that it cannot be
used or rebuilt for use as a motor vehicle.
(2) "Junk vehicle" means a vehicle in such a state of deterioration that it cannot be
profitably restored and has a fair market value of five hundred dollars or less by using the
rough trade-in value shown in the most recent National Automobile Dealers Association
Guide.
(3) "Owner-operator" means a person or legal entity who owns or operates a business
engaged in the towing or storage of vehicles, and has a vehicle licensed as a towing vehicle
under R.S. 32:1716.
D. Each owner-operator who possesses a vehicle which meets the criteria set forth
in Paragraph (C)(2) of this Section may make application for crushing of the vehicle at the
expiration of thirty days or make application for dismantling of the vehicle at the expiration
of thirty days from mailing of the notice. The application shall be made in a format
authorized by the department upon satisfaction and submission of each of the following
requirements:
(1) The owner-operator has complied with the provisions of R.S. 32:1719 and 1720.
(2) The owner-operator obtains an appraisal showing the vehicle has a fair market
value of five hundred dollars or less. The appraisal shall be based on the rough trade-in value
of the vehicle as determined by the most recent National Automobile Dealers Association
Guide. An original appraisal prepared by an independent appraiser, which shall contain the
year, make, model, and vehicle identification number, shall be acceptable for vehicles not
valued by the National Automobile Dealers Association Guide.
(3) The owner-operator shall take photographs of all four sides of the vehicle prior
to making application for permission to crush or dismantle.
E. Upon approval from the department or ten business days from the mailing of the
application, the owner-operator may release the vehicle to a licensed crusher or licensed
dismantler. Receipt of sale to a licensed crusher or licensed dismantler shall be submitted
electronically to the office of motor vehicles on a form provided by the Department of Public
Safety and Corrections.
F. Within seven business days following the crushing or dismantling of the vehicle,
the licensed crusher or licensed dismantler shall execute a certification for each vehicle, in
a format authorized by the Department of Public Safety and Corrections, office of motor
vehicles, providing the following information:
(1) That a vehicle has been crushed or dismantled.
(2) A description of the vehicle to be crushed or dismantled and each part to be
dismantled for salvage.
(3) The vehicle identification number.
(4) A photograph of all four sides of the vehicle prior to crushing or dismantling.
G.(1) The owner-operator shall maintain copies of the following records on all
vehicles crushed or dismantled pursuant to the provisions of this Section:
(a) One appraisal showing the vehicle has a fair market value of five hundred dollars
or less. The appraisal shall be based on the rough trade-in value of the vehicle as determined
by the most recent National Automobile Dealers Association Guide. An original appraisal
prepared by an independent appraiser, which shall contain the year, make, model, and vehicle
identification number, shall be acceptable for vehicles not valued by the National
Automobile Dealers Association Guide.
(b) A photograph of all four sides of the vehicle prior to crushing or dismantling.
(c) A copy of the original report of a stored vehicle as required in R.S. 32:1719.
(d) A copy of the notice required by R.S. 32:1720 which was sent to the registered
owner of the vehicle, the holder of any lien on the vehicle, and any other person with an
ownership interest in the vehicle.
(e) The original certificate of mailing for the notice sent to the stored vehicle's owner
and the returned unopened envelope, if applicable, with the postal marking indicating attempt
to deliver the notice required by R.S. 32:1720. If these items could not be furnished, other
documented proof that the storage or parking facility owner sent notice to the stored vehicle
owner shall be retained by the owner-operator.
(2) These records shall be open to inspection by any peace officer any time the
business is open. All records required by this Section shall be maintained for a period of at
least three years.
H. Neither the state of Louisiana nor the office of motor vehicles shall incur any
liability as a result of the disposal of a vehicle under these provisions.
NOTE: See Acts 2009, No. 435, §4, re implementation of Subsection E.

Legislative History

Acts 1997, No. 892, §1; Acts 2001, No. 1097, §§1 and 2; Acts 2003, No. 101, §1; Acts 2004, No. 886, §1; Acts 2009, No. 435, §1, eff. July 1, 2010; Acts 2010, No. 839, §1; Acts 2012, No. 806, §1; Acts 2014, No. 19, §1; Acts 2021, No. 206, §1, eff. June 11, 2021.