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Rs 32:1516 Driver Qualifications

§1516. Driver qualifications

A. The secretary shall adopt and promulgate rules and regulations for

the qualifications and licensing of each person driving, piloting, or otherwise

in charge of any transport vehicle transporting hazardous material, freight or

passengers or any material designated as hazardous waste under regulations

issued in this state. Oversight review shall be conducted by the Joint

Legislative Committee on Transportation, Highways, and Public Works. The

regulations shall cover physical ability, a written examination, and an

examination of the skill necessary for the operation or supervision of the

transport vehicle.

B. No person having any disorder characterized by a lapse of

consciousness or other mental or physical disability affecting the ability to

drive or pilot safely shall be granted a license under this Section. The

secretary of the Louisiana Department of Health shall provide a medical

evaluation and recommendation as to which disorders are characterized by a

lapse of consciousness and which types of mental or physical disability will

affect the ability of a person to drive or pilot safely. Based upon these

recommendations the secretary shall adopt and promulgate a listing of

disorders and disabilities which make a person ineligible to receive a license

pursuant to this Section.

C.(1) No person shall operate or take part in operating, or be in

physical control of a transport vehicle if he possesses, is under the influence

of, or is using, any substance controlled under the Uniform Controlled

Dangerous Substance Law (R.S. 40:963), nor may that person do so with any

substance which renders him incapable of performing his duties.

(2) No carrier shall knowingly require or permit a person to violate this

Section.

(3) The provisions of this Paragraph do not apply to the possession or

use of a substance administered to a person by a physician or under the care of

a physician when the physician has advised the person that the substance will

not affect his ability to operate a transport vehicle.

(4) As used in this Section, "possession" does not include possession

of a substance which is manifested and transported as part of a shipment.

D.(1) No person shall:

(a) Consume an intoxicating beverage, regardless of its alcoholic

content, or be under the influence of an intoxicating beverage, within four

hours of going on duty or operating, or participating in the operation of or

having physical control of, a transport vehicle; or

(b) Consume an intoxicating beverage regardless of its alcoholic

content, or be under the influence of an intoxicating beverage, while on duty,

or operating, or participating in the operation of or in physical control of, a

transport vehicle; or

(c) Be on duty or operate a transport vehicle while having in his

possession an intoxicating beverage regardless of its alcoholic content. The

provisions of this Paragraph do not apply to possession of an intoxicating

beverage which is manifested and transported as part of a shipment.

(d) Be on duty, operate, or participate in the operation of a transport

vehicle under the influence of alcohol.

(2) No carrier shall require or permit a person to:

(a) Violate any provision of Paragraph (a) of this Subsection; or

(b) Be on duty or operate a transport vehicle if, by the person's general

appearance or conduct or by other substantiating evidence, the person appears

to have consumed an intoxicating beverage within the preceding four hours or

have alcohol in his system.

E.(1) With a reasonable suspicion, any officer of the office of state

police may require anyone operating or participating in the operation of a

transport vehicle to take a chemical test or tests of his blood, breath, or urine

to determine the alcohol content and/or content in his system of any Schedule

I, II, III, IV, and V drugs, as defined in R.S. 40:964.

(2) Pursuant to rules and regulations promulgated by the Deputy

Secretary of Public Safety refusal to submit to the chemical test may result in

the loss for one year of the individual's privileges to operate a transport

vehicle.

Added by Acts 1979, No. 83, §1. Amended by Acts 1980, No. 603, §1,

eff. July 23, 1980; Acts 1984, No. 333, §1, eff. Jan. 1, 1985; Acts 1985, No.

113, §1, eff. June 29, 1985; Acts 1985, No. 497, §1, eff. July 12, 1985.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
transport
drive
vehicle
secretary
ability
affect
physical
disorder
recommendation
regulation