§ 32:401 — Definitions

Louisiana § 32:401

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§401. Definitions
The following words and phrases when used in this Chapter shall have the meaning
assigned to them in this Section unless the context clearly indicates otherwise:
(1) "Agricultural movements" means the operation of a motor vehicle or combination
of vehicles by a farmer to transport agricultural products, farm machinery, and farm supplies;
or agricultural crop production fertilizers, agricultural chemicals, or agricultural related fuels,
found to be hazardous under the provisions of the Hazardous Materials Transportation Act
which requires the motor vehicle to bear a placard under the provisions of the Hazardous
Materials Regulations (99 CFR Part 172, Subpart F); to and from a farm within one hundred
fifty air miles of the owner's or operator's farm, and which is not used in the operation of a
common or contract carrier or used to transport passengers or property for hire.
(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) "Cancellation" means that a driver's license is annulled because of some error or
defect or because the licensee is no longer entitled to such license, but the cancellation of a
license is without prejudice and application for a new license may be made at any time after
such cancellation.
(4) "Commerce" means transportation for the purpose of compensation,
remuneration, employment, trade, or payment of any thing of value.
(5) "Commercial driver's license" means a driver's license to operate a commercial
motor vehicle.
(6) "Commercial motor vehicle" means a motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the motor vehicle meets one
of the following requirements:
(a) Has a gross combination weight rating of twenty-six thousand one or more
pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten
thousand pounds.
(b) Has a gross vehicle weight rating of twenty-six thousand one or more pounds.
(c) Is designed to transport sixteen or more passengers, including the driver.
(d) Is of any size and is used in the transportation of materials found to be hazardous
under the provisions of the Hazardous Materials Transportation Act which requires the motor
vehicle to bear a placard under the provision of the Hazardous Materials Regulations (CFR
49 Part 172, Subpart F). This shall not include hazardous materials used in agricultural
movements as defined in this Chapter.
(7) "Convicted" or "conviction" includes the entry of a plea of guilty or nolo
contendere to an offense; the forfeiture of bail of any person charged with an offense; and
the adjudication of a person as a delinquent for the commission of an offense pursuant to
juvenile proceedings.
(8) "Department" means the Department of Public Safety and Corrections.
(9) "Driver rehabilitation specialist" means an individual who provides
comprehensive services in clinical evaluation of physical functioning,
visual/perceptual/cognitive screening, as it pertains to the driving test, and wheelchair/seating
assessment, driving assessment, vehicle modification prescription, and driver education;
possesses at a minimum an undergraduate degree in a rehabilitation, education, health, safety,
physical, occupational, kinesio, or recreational therapy, or related profession or an equivalent
of eight years experience in driver rehabilitation/education; and has a minimum of one year
of experience in the area of driver evaluation and training for persons with disabilities or
possesses current recognition from the Association for Driver Rehabilitation Specialists
(ADED) as a driver rehabilitation specialist.
(10) "Driver's license division" means the driver's license division of the Department
of Public Safety and Corrections.
(11) "Drug offense" means any criminal offense which includes:
(a) The possession, distribution, manufacture, cultivation, sale, transfer, or the
attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any
substance the possession of which is prohibited under the Controlled Dangerous Substances
Law, or
(b) The operation of a motor vehicle under the influence of such a substance.
(12) "Farmer" means any person who operates a farm or is directly involved in the
cultivation of land, crops, or livestock which are owned by that person, or are under the
direct control of that person.
(13) "Gross vehicle weight rating" (GVWR) means that value specified by the
manufacturer as the maximum loaded weight of a single or combination (articulated) vehicle.
The gross vehicle weight rating of a combination (articulated) vehicle, commonly referred
to as the "gross combination weight rating" (GVWR), is the gross vehicle weight rating of
the power unit plus the gross vehicle weight rating of the towed unit or units. In the absence
of a value specified for the towed unit or units by the manufacturer, the gross vehicle weight
rating of a combination (articulated) vehicle is the gross vehicle weight rating of the power
unit plus the total weight of the towed unit or units, including their loads.
(14) "License" or "driver's license" means any license, which shall include a license
that complies with the standards of REAL ID as provided for in R.S. 32:410(E), secured
from the Department of Public Safety and Corrections, in accordance with this Chapter to
operate a motor vehicle on the highways of this state.
(15) "License fee" means the privilege, tax, or fee imposed by this Chapter.
(16) "Light vehicle" means any motor vehicle or combination of motor vehicles used
to transport passengers or property if the motor vehicle has a gross combination weight rating
of less than twenty-six thousand and one pounds inclusive of a towed unit with a gross
vehicle weight rating of ten thousand pounds or less; or has a gross vehicle weight rating of
less than twenty-six thousand and one pounds; or is designed to carry fewer than sixteen
passengers, including the driver, and is not used in the transportation of materials found to
be hazardous under the provisions of the Hazardous Materials Transportation Act, or a state
law or regulation, which requires the vehicle to bear a placard under the provision of the
Federal Hazardous Materials Regulations or under state law or regulation.
(17) "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 and an electric-assisted bicycle or a motorized bicycle.
(18) "Motor-driven cycle" means every motorcycle, including every motor scooter,
with a motor of not to exceed five horsepower.
(19) "Motorized bicycle" means a pedal bicycle which may be propelled by human
power or helper motor, or by both, with a motor rated no more than one and one-half
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, but excluding an electric-assisted bicycle.
(20) "Motor vehicle" means and includes automobiles, trucks, truck-tractors, trailers,
semitrailers, and motorcycles, propelled by steam, gasoline, electricity, or any other source
of energy other than muscular power, except electric-assisted bicycles, farm implements
temporarily operated or moved on a highway or vehicles operated only on rails or tracks
constructed therefor.
(21) "Power cycle" means every motor vehicle propelled by an engine developing
not more than five brake horse power, designed to travel on not more than three wheels, at
a speed under thirty-five miles per hour, and equipped with brakes adequate to stop such
vehicle upon a reasonably clean, dry, level surface within forty-five feet from the spot where
the brakes were first applied when the vehicle is travelling at twenty miles per hour.
(22) "Revocation" means that the driver's license to drive a motor vehicle on the
highways is terminated and shall not be renewed, except that an application for a new license
may be presented and acted upon by the department after the expiration of at least one year
after revocation.
(23) "Suspension" means that the driver's license to drive a motor vehicle on the
highways is temporarily withdrawn during the period of such suspension.
(24) "Transportation of passengers for hire or fee" means the movement of
passengers by motor vehicle for direct monetary payment to a taxicab, limousine service,
livery, and/or any common carrier of passengers.

Legislative History

Amended by Acts 1958, No. 40, §1; Acts 1981, No. 482, §2; Acts 1989, No. 293, §1, eff. June 27, 1989; Acts 1992, No. 277, §1, eff. June 11, 1992; Acts 1992, No. 629, §1; Acts 1993, No. 218, §1; Acts 1993, No. 382, §1; Acts 1995, No. 694, §1; Acts 2013, No. 81, §1, eff. Jan. 1, 2014; Acts 2014, No. 811, §16, eff. June 23, 2014; Acts 2016, No. 326, §1; Acts 2018, No. 552, §1; Acts 2020, No. 152, §1; Acts 2021, No. 203, §1.