§ 32:392 — Impounding of vehicles; prohibitions

Louisiana § 32:392

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§392. Impounding of vehicles; prohibitions
A.(1) Upon discovery of any vehicle operated in violation of this Chapter, the vehicle
shall not be impounded but may be directed to and followed by the weights and standards
police officer or state policeman to the nearest appropriate place suitable for unloading to its
licensed gross weight or maximum size requirements as provided in this Chapter and storage
of said product to preserve it for its intended use in commerce and in either case shall be
detained or unloaded at the expense and responsibility of the owner or driver. The
department shall not detain or impound any vehicle issued a violation ticket for any violation
of the provisions of R.S. 32:380 through 387 prior to the final disposition of the violation
ticket. For purposes of this Section, "final disposition" shall be defined as a final decision,
not capable of appeal or review.
(2) When used in this Subsection, the phrase "minor traffic violation" shall mean any
violation of the Highway Regulatory Act as provided for in this Title. However, R.S. 32:380
through 387 are exempted from this definition.
(a) "Perishable products" means products which are subject to lose their commercial
value or decay in a short period of time, including but not limited to agricultural or seafood
products and concrete.
(b) "Products once loaded which become indivisible" means products divisible by
nature, but which become indivisible once loaded upon a vehicle because the required
manner or method of unloading would be such that the entire load or portion of the load
required to be unloaded could not be preserved for its intended use in commerce, or which
endangers the public safety, including but not limited to forest products in their natural state.
B. A vehicle impounded for violations of the provisions of this Chapter other than
R.S. 32:380 through 387 shall be detained until released by any court or committing
magistrate having jurisdiction over the offense. The court or committing magistrate having
jurisdiction over an offense involving a vehicle shall not order or allow the release of the
vehicle prior to the full satisfaction of all penalties or charges assessed on account of the
offense, except upon the execution of an appearance bond in the maximum amount of such
penalties and charges, with good and solvent surety approved by the court or committing
magistrate.
C. Repealed by Acts 2001, No. 1201, §2.

Legislative History

Acts 1962, No. 310, §1. Amended by Acts 1975, No. 120, §1; Acts 1976, No. 178, §1; Acts 1977, No. 113, §1, eff. June 22, 1977; Acts 1995, No. 527, §1; Acts 2001, No. 1201, §§1 and 2; Acts 2010, No. 320, §1, eff. July 1, 2010; Acts 2021, No. 384, §§1, 5, eff. July 1, 2022.