§ 32:389 — Weights and standards stationary scale police; enforcement procedure; payment and

Louisiana § 32:389

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§389. Weights and standards stationary scale police; enforcement procedure; payment and
collection procedures; administrative review
A. The weights and standards stationary scale police force and the state police shall
have concurrent authority to enforce the provisions of R.S. 32:380 through 388.1 and 390.
B.(1) Any weights and standards stationary scale police officer having reason to
believe that any vehicle or combination of vehicles exceeds or is in violation of the
provisions of R.S. 32:380 through 386 or 388.1 through 390, or the terms and conditions of
a special permit issued under R.S. 32:387 or regulations of the department or secretary,
adopted pursuant to this Part, is authorized to stop such vehicle or combination of vehicles
and to inspect, measure, or weigh such vehicle, either by means of portable or stationary
scales, or to require that such vehicle be driven to the nearest available location equipped
with facilities to inspect, measure, or weigh such vehicle.
(2) Any state policeman having reason to believe that any vehicle or combination of
vehicles exceeds or is in violation of the provisions of R.S. 32:380 through 386 or 388.1
through 390, or the terms and conditions of a special permit issued under R.S. 32:387 or
regulations of the department or secretary adopted pursuant to this Part is authorized to stop
such vehicle or combination of vehicles and to inspect or measure such vehicle or to require
that such vehicle be driven to the nearest available location equipped with facilities to inspect
or measure such vehicle, provided that any state policeman having reason to believe that any
vehicle or combination of vehicles exceeds or is in violation of the provisions of R.S. 32:386,
any overweight special permit as provided in R.S. 32:387, or the department's regulations
adopted pursuant thereto, may escort such vehicle to the nearest permanent or portable scale
operated by the department's weights and standards police force, where a weights and
standards police officer shall weigh such vehicle and if such vehicle is overweight, is in
violation of an overweight special permit, or the department's or secretary's regulations
adopted pursuant thereto, shall issue a violation ticket in accordance with Subsection C of
this Section.
C.(1) Whenever any carrier, common carrier, contract carrier, private carrier,
transport vehicle, or driver is found in violation of any provision of this Chapter, the
commissioner or secretary shall send the responsible party a "Notice of Violation, Proposed
Finding and Proposed Civil Penalty", hereafter referred to as a "notice of violation", within
thirty calendar days of the violation.
(2)(a) Each notice of violation shall clearly indicate if a monetary penalty is assessed
for the violation or if the notice of violation is only a warning. When a monetary penalty is
assessed, each notice of violation shall be sent to the responsible party by certificate of
mailing. Such notice of violation shall also contain notice that the responsible party shall
have forty-five calendar days from the date of issuance of the notice of violation to either pay
the monetary penalty for the violation or to request, in writing, an administrative hearing to
review the notice of violation. When the amount of the civil penalty is negotiated between
the commissioner or secretary and the responsible party, the commissioner or secretary shall
send written notification to the responsible party of the amount of the negotiated civil penalty
within thirty calendar days of the date of the final negotiation. Such payment shall be made
by certified check, money order, or credit card. If made by credit card, the payment shall be
deemed received by the commissioner or secretary when tendered and an approval code is
obtained from the credit card company or credit card processor.
(b) The commissioner or secretary shall adopt rules and regulations in accordance
with the Administrative Procedure Act, subject to oversight by the House and Senate
committees on transportation, highways and public works as are necessary regarding the
administrative hearing, including but not limited to rules and regulations regarding
notification and the procedure for requesting a hearing provided such rules shall not conflict
with the provisions of R.S. 32:388.1.
(3) If the commissioner or secretary fails to issue the notice of violation to the
responsible party within thirty calendar days of the violation in accordance with the
provisions of this Section, the violation shall be dismissed. However, the commissioner or
secretary shall be granted an additional sixty calendar days to send the responsible party a
notice of violation in accordance with the provisions of this Section if he experiences a data
system failure caused by either an act of God or an intentional act of sabotage.
(4) Any appeal of the findings of the administrative law judge shall be filed in a state
district court with proper venue over the matter.
D.(1) If a carrier is determined to be the responsible party for a notice of violation
by the commissioner or secretary and, if the carrier fails to pay the assessed penalty within
forty-five calendar days of issuance of the notice of violation, or in the case of an
administrative hearing, the responsible party fails to pay the assessed fine within thirty
calendar days of receiving a notice of final judgment from the administrative law judge, the
outstanding penalty amount shall be posted on the commissioner's or secretary's official
website. The outstanding penalty amount for such responsible party shall continue to appear
on the website until all fines and fees are paid in full. The commissioner or secretary shall
transmit the vehicle identification number of the offending vehicle for which the notice of
violation was written to the office of motor vehicles. The office of motor vehicles shall not
renew the registration of the offending vehicle until all fines and fees associated with the
notice of violation have been paid in full. Within seven calendar days of receiving
documentation from the responsible party that all fines and fees have been paid in full, the
commissioner or secretary shall remove the posting of the notice of violation from his
website. Additionally, upon payment of all fines and fees associated with the notice of
violation, the office of motor vehicles shall immediately authorize renewal of the vehicle's
registration. Such payment shall be made by certified check, money order, or credit card. If
made by credit card, the payment shall be deemed received by the commissioner or secretary
when tendered and an approval code is obtained from the credit card company or credit card
processor.
(2) If the driver of a motor vehicle is found to be the responsible party for a notice
of violation by the commissioner or secretary, the driver shall be responsible for the payment
of all fines and fees associated with issuance of the notice of violation. Such payment shall
be made by certified check, money order, or credit card. If made by credit card, the payment
shall be deemed received by the commissioner or secretary when tendered and an approval
code is obtained from the credit card company or credit card processor. If the commissioner
or secretary fails to receive payment within forty-five calendar days of issuance of the notice
of violation, or in the case of an administrative hearing, the responsible party fails to pay the
assessed penalty within thirty calendar days of receiving a notice of final judgment from the
administrative law judge, the commissioner or secretary shall transmit the driver's license
number to the office of motor vehicles. Upon receipt of the driver's license number, the office
of motor vehicles shall immediately notify the driver, by first class mail, that his driver's
license shall be suspended thirty calendar days after the date of mailing the notice unless all
fines and fees associated with the notice of violation or final judgment from the
administrative law judge are paid in full together with notice of the imposition of a fifty-dollar fee by the office of motor vehicles to cover its administrative costs. The driver's
license shall remain suspended until all fines and fees associated with the notice of violation
or final judgment from the administrative law judge and the fifty-dollar fee for the office of
motor vehicles are paid in full. Upon payment of all fines and fees, the office of motor
vehicles shall immediately authorize the reinstatement of the driver's license.
(3) Motor carriers shall not be responsible for driver violations.
E.(1) The commissioner or secretary and any law enforcement officer working for
the commissioner or secretary shall be prohibited from seizing a motor vehicle or the
registration license plate of a motor vehicle for failing to pay a fine for a notice of violation.
(2) In the event a motor vehicle for which a notice of violation has been issued is
subsequently sold, the new owner of such vehicle shall not be responsible for any
outstanding fines or fees associated with a notice of violation. The new owner of the motor
vehicle shall present proper documentation to the commissioner or secretary evidencing the
lawful transfer of ownership.
F. During a state of emergency declared by the governor, the commissioner or
secretary shall be granted an additional sixty calendar days to send the responsible party a
notice of violation in accordance with the provisions of this Section. Such extension of time
shall terminate not later than sixty days from the date the state of emergency ends.
G. Notwithstanding the provisions of this Section, any member of the armed forces,
who is in uniform or presents an order for duty and who is operating a military vehicle in the
line of duty in violation of any provision of R.S. 32:380 through 387, or any regulation
adopted pursuant thereto, shall not be required to pay the penalty assessed, nor shall the
member be required to surrender his Louisiana driver's license. However, the owner of the
vehicle or the federal government shall pay the penalty within forty-five days.
H. The failure of any vehicle or combination of vehicles to stop at a weigh facility
may be excused if stopping the vehicle or combination of vehicles creates a serious traffic
hazard. The commissioner or secretary shall promulgate rules under the provisions of the
Administrative Procedure Act to implement the provisions of this Subsection. These rules
shall define "serious traffic hazard" and shall authorize the use of green traffic signal lights
to allow vehicles to pass the weigh facility at times as vehicles have accumulated on the
entrance ramp to the weigh facility to the extent that the vehicles present a traffic hazard.
Rules previously adopted by the department shall remain in full force and effect until such
time as the commissioner or secretary promulgates rules pursuant to this Subsection. These
rules shall be subject to oversight by the House and Senate committees on transportation,
highways and public works.

Legislative History

Acts 1977, No. 113, §1, eff. June 22, 1977. Amended by Acts 1978, No. 35, §1, eff. May 31, 1978; Acts 1979, No. 463, §1; Acts 1995, No. 429, §1; Acts 1995, No. 1024, §1; Acts 1997, No. 1186, §1; Acts 2001, No. 1201, §1; Acts 2004, No. 287, §1; Acts 2006, No. 841, §1, eff. Jan. 1, 2007; Acts 2010, No. 320, §1, eff. July 1, 2010; Acts 2021, No. 384, §§1, 5, eff. July 1, 2022.