§ 32:402 — Mandatory licensure; exceptions; violations

Louisiana § 32:402

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§402. Mandatory licensure; exceptions; violations
A. Every person who operates a motor vehicle which is designated as being in either
Class "A", "B", "C", "D", or "E" under R.S. 32:408, before driving or operating any such
motor vehicle on any public street, road, or highway of this state, shall secure from the
department, or a public license tag agent authorized to issue drivers' licenses as provided in
Paragraph (B)(2) of this Section, an appropriately classified driver's license with all necessary
endorsements.
B.(1)(a)(i) It shall be unlawful for any person to drive a motor vehicle on any public
street, road, or highway of this state unless he has been issued a license by the department,
or by a public license tag agent, authorized to issue drivers' licenses as provided in this
Subsection, or a license issued by another state or foreign government and recognized by the
department, in accordance with the provisions of this Chapter.
(ii) The provisions of Item (i) of this Subparagraph shall not apply in the following
circumstances:
(aa) When an agent, a properly licensed and contracted third-party tester, or
employee of the office of motor vehicles is administering an on-road driving skills test
required to obtain a Class "D" or "E" driver's license as provided in R.S. 32:408 or to convert
a Class "E" learner's license to a Class "E" intermediate license as provided in R.S. 32:407.
(bb) When an unlicensed minor is participating in a driver education course or a
prelicensing training course approved and certified by the Department of Public Safety and
Corrections, public safety services.
(cc) When an unlicensed minor who is at least fourteen years of age is driving with
a parent or guardian in the vehicle who holds a valid driver's license and is providing driving
instruction to the minor child, provided that the minor is not driving on a public street, road
or highway.
(b) It shall also be unlawful for any person to apply for or obtain more than one valid
license.
(c) Penalties for convictions of Subparagraph (a) of this Paragraph are as follows:
(i) Repealed by Acts 2008, No. 645, §1, eff. June 1, 2009.
(ii) If the unlicensed person is involved in a collision which results in the serious
bodily injury or death of another person, the person shall be subject to a fine of not less than
five hundred dollars and not more than one thousand dollars, or imprisonment for up to six
months, or both. However, nothing in this Item shall be construed to prevent an unlicensed
person from being charged with vehicular homicide in violation of R.S. 14:32.1 or negligent
homicide in violation of R.S. 14:32 if the collision results in the death of another person, or
from being charged with negligent injury, if the collision results in the serious injury of
another person. For purposes of this Item, "serious bodily injury" means a bodily injury
which involves unconsciousness, protracted and obvious disfigurement, or protracted loss
or impairment of the function of a bodily member, organ, or mental faculty, or a substantial
risk of death.
(iii) If the court finds that at the time of the violation of Subparagraph (a) of this
Paragraph the unlicensed driver was driving a vehicle for which a Class "D" or Class "E"
driver's license is required, he may be fined up to five hundred dollars or imprisoned for not
more than six months, or both.
(iv) If the court finds that if at the time of the violation of Subparagraph (a) of this
Paragraph, the unlicensed driver was driving a vehicle for which a Class "A", "B", or "C"
driver's license is required, he may be fined up to five thousand dollars or imprisoned for not
more than six months, or both.
(v) If the court finds that if at the same time of the violation of Subparagraph (a) of
this Paragraph, the unlicensed driver was driving and engaging in conduct that results in a
conviction for a second or subsequent offense violation of R.S. 14:98, the offender shall be
fined not less than three hundred dollars nor more than five hundred dollars and imprisoned
not less than seven days nor more than six months. At least seven days of such
imprisonment shall be without benefit of probation, parole, or suspension of sentence and
shall be consecutive to any sentence imposed for the violation of R.S. 14:98. In addition, the
person may be subject to a civil penalty of up to one thousand two hundred fifty dollars.
(vi) If the court finds that if at the same time the violation of Subparagraph (a) of this
Paragraph the unlicensed driver was driving a vehicle for which a Class "A", Class "B", or
Class "C" driver's license is required and engaging in conduct that results in a conviction for
a second or subsequent offense violation of R.S. 14:98, the unlicensed driver shall be fined
not less than three hundred dollars nor more than five thousand dollars and imprisoned for
not less than seven days nor more than six months. At least seven days of such
imprisonment shall be without benefit of probation, parole, or suspension of the sentence and
shall be consecutive to any sentence imposed for the violation of R.S. 14:98. In addition, the
person may be subject to a civil fine of up to two thousand five hundred dollars.
(2)(a) The department is hereby authorized to contract with or enter into agreements
with a public license tag agent for the issuance of Class "D" or "E" drivers' licenses, provided
such public license tag agent complies with all provisions of state and federal laws regarding
the issuance of drivers' licenses, and complies with all policies and procedures adopted by
the department regarding the issuance of drivers' licenses. The department may contract with
or enter into agreements with a public license tag agent or certify or license such agent to
issue drivers' licenses. The department shall by rule establish minimum qualifications for
public license tag agents authorized to issue drivers' licenses and prescribe the procedures
to be used.
(b) Public license tag agents must use the same technology utilized by the department
for issuance of licenses to ensure that licenses issued by such agents are identical to licenses
issued by the department. These requirements and conditions shall be included in any
contract or agreement between the department and a public license tag agent and shall be a
part of any license, certificate, or permit issued to a public license tag agent.
(3) The department shall by rule establish a system to regulate public license tag
agents issuing drivers' licenses, and these regulations shall have the full force and effect of
law. The department shall promulgate rules and regulations in accordance with the
Administrative Procedure Act to implement the provisions of this Section.
(4) In addition to any other applicable sanction, improper issuance of a driver's
license by a public license tag agent shall subject such agent to the penalties imposed by this
Chapter, a civil penalty of not more than five thousand dollars per violation, revocation, or
suspension of the privilege to issue drivers' licenses, or any or all of the above sanctions.
C.(1) Notwithstanding any provision of this Section or any other law to the contrary,
the only driver's license required of a full-time, regularly paid operator of an emergency
medical vehicle or firefighting equipment employed by the Louisiana Department of
Agriculture and Forestry, or a municipality, parish, fire protection district, or other political
subdivision of the state, or civilian employees of the United States military who are required
to operate emergency vehicles, shall be a Class "E" driver's license when operating such
vehicle or equipment in the course and scope of his employment. The emergency vehicle or
firefighting equipment shall be equipped with audible and visual signals as required by
Federal Motor Carrier Safety Administration rules.
(2) Notwithstanding any provision of this Section or any other law to the contrary,
the only driver's license required of a driver for an industrial mutual aid response team or a
volunteer operator of an emergency medical vehicle or firefighting equipment shall be a
Class "E" driver's license when operating such vehicle or equipment.
(3) Notwithstanding any other state law, and subject to the approval of the United
States Department of Defense, active or reserve members of the United States military and
active or reserve members of the National Guard shall be authorized to operate commercial
motor vehicles or buses with a Class "E" driver's license when operating such vehicles or
buses in the course and scope of military duties during a gubernatorially declared state of
emergency.
(4) Notwithstanding any provision of this Section or any other law to the contrary,
the only driver's license required of an operator of an emergency command post vehicle
which would otherwise meet the definition of a commercial motor vehicle, and who is
employed by the Governor's Office of Homeland Security and Emergency Preparedness or
a parish office of emergency preparedness, shall be a Class "E" driver's license when
operating such vehicle in the course and scope of his employment. Such vehicle shall be
equipped with audible and visual signals as required by Federal Motor Carrier Safety
Administration rules.
(5) Notwithstanding any provision of this Section or any other law to the contrary,
the only driver's license required of an operator of an emergency command post vehicle or
other law enforcement equipment which would otherwise meet the definition of a
commercial motor vehicle, and who is employed as a law enforcement officer, shall be a
Class "E" driver's license when operating such vehicle or equipment in the course and scope
of his employment. Such vehicle or equipment shall be equipped with audible and visual
signals as required by Federal Motor Carrier Safety Administration rules.
(6) Notwithstanding any provision of this Section or any other law to the contrary,
an employee of the Department of Transportation and Development who is operating a bus,
in the course and scope of his employment, during a gubernatorially declared state of
emergency or disaster shall only be required to possess a Class "E" driver's license.
D.(1) Upon the written request of a licensed physician for driver assessment, the
secretary may authorize a driver rehabilitation specialist as defined in this Chapter to issue
a temporary Class "E" driving permit for the purpose of driver assessment and training to an
individual who is not licensed to drive under the provisions of this Chapter or who has an
expired license provided such license is not currently under suspension or revocation. If a
license has been suspended or revoked, the temporary medical assessment permit may only
be issued upon receipt of special authorization from the department.
(2) The temporary permit shall be issued for a total time period of six weeks;
however, such period of time shall begin on the first date of evaluation which shall be
indicated on the permit and signed by the driver rehabilitation specialist. The temporary
permit shall only be issued to those who are sixteen years of age or older.
(3) The temporary permit shall be valid only during the individual's participation in
an actual in-car evaluation process during which time the evaluator shall be present.
(4) The department shall promulgate rules and regulations necessary to the
administration and enforcement of this Subsection, to include but not be limited to the design
of the application and the permit.
E. No person who holds a valid state driver's license shall be deemed to be in
violation of this Section because such license is not in his immediate physical possession.
F.(1) The exceptions provided for in Subsection C of this Section shall only apply
to drivers licensed by the state of Louisiana and drivers licensed by a state with which
Louisiana has a reciprocity agreement.
(2) The exceptions in Paragraphs (C)(1), (2), (4), and (5) of this Section shall only
apply to the operation of commercial motor vehicles for which the particular exception
applies when those commercial motor vehicles are equipped with audible and visual signals
and the operation of the commercial motor vehicle is necessary for the preservation of life
or property or in the execution of emergency governmental functions.

Legislative History

Amended by Acts 1954, No. 165, §1; Acts 1968, No. 273, §6; Acts 1985, No. 385, §1; Acts 1989, No. 293, §1, eff. June 27, 1989; Acts 1991, No. 313, §1; Acts 1992, No. 192, §1; Acts 1992, No. 271, §1; Acts 1993, No. 218, §1; Acts 1995, No. 1221, §1; Acts 1997, No. 37, §1; Acts 1999, No. 458, §1; Acts 2001, No. 1205, §1; Acts 2003, No. 694, §1; Acts 2006, No. 430, §1; Acts 2006, No. 650, §2; Acts 2007, No. 127, §1, eff. June 25, 2007; Acts 2008, No. 645, §§1, 2, eff. June 1, 2009; Acts 2009, No. 137, §2, eff. June 28, 2009; Acts 2009, No. 224, §4, eff. June 1, 2009; Acts 2011, No. 294, §2; Acts 2011, No. 307, §1; Acts 2011, No. 311, §1, eff. June 28, 2011; Acts 2015, No. 27, §1, eff. May 29, 2015; Acts 2018, No. 686, §1.