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Rs 32:388 Penalties; Payments

SUBPART C. PENALTIES

§388. Penalties; payments

A.(1) Whoever owns or drives any vehicle or combination of vehicles in violation

of any rule, regulation, directive, or requirement of the secretary adopted pursuant to R.S.

32:380 through 385 or in violation of R.S. 32:380 through 385 shall be assessed a penalty

of one hundred dollars for each violation.

(2) All commercial vehicles rated one ton or greater, except automobiles, private

passenger pickup trucks, private passenger vans, recreational vehicles, buses, utility vehicles

convoying to or from emergency service restoration due to a natural disaster, and tow trucks

unless the tow truck has a gross vehicle weight rating in excess of twenty-six thousand

pounds or is hauling or carrying a vehicle not exempt from the provisions of this Section,

shall be required to stop at a stationary weight enforcement scale location.

(3) Each vehicle that is required to stop at a weight enforcement scale location and

which fails to stop shall be assessed the following penalty:

(a) Vehicles with a gross vehicle weight rating of less than twenty-six thousand

pounds shall be penalized one hundred dollars for failure to stop at a weight scale. This

penalty shall be in addition to any other penalties which may be assessed for other violations.

(b) Vehicles with a gross vehicle weight rating of twenty-six thousand pounds or

more shall be penalized five hundred dollars for failure to stop at a weight scale. This penalty

shall be in addition to any other penalties which may be assessed for other violations.

(4) Any vehicle which inadvertently bypasses weight scales and returns to the scales

voluntarily without the assistance of law enforcement shall not be assessed any penalty for

bypassing the scale.

B.(1)(a) Except as provided in Subparagraphs (b) and (c), whoever owns or operates

any vehicle or combination of vehicles in violation of any rule, regulation, directive, or

requirement adopted under R.S. 32:386 or in violation of R.S. 32:386 shall be required to

reduce the load to the maximum permissible gross weight and shall be assessed a penalty on

such weight which exceeds the maximum permissible gross weight as defined by R.S. 32:386

or maximum allowable axle weights, whichever results in the higher fine, in accordance with

the following schedule:

OVERWEIGHT PENALTY

POUNDS

1 to 999$10.00 minimum

1,000 to 1,9991¢ per pound in excess of legal limit

2,000 to 2,9992¢ per pound in excess of legal limit

3,000 to 3,9993¢ per pound in excess of legal limit

4,000 to 4,9994¢ per pound in excess of legal limit

5,000 to 5,9995¢ per pound in excess of legal limit

6,000 to 6,9996¢ per pound in excess of legal limit

7,000 to 7,9997¢ per pound in excess of legal limit

8,000 to 8,9998¢ per pound in excess of legal limit

9,000 to 9,9999¢ per pound in excess of legal limit

10,000 to 10,99910¢ per pound in excess of legal limit

11,000 and over11¢ per pound in excess of legal limit

(b)(i) Any truck hauling concrete or construction aggregates shall not be assessed a

penalty for weight which exceeds the maximum allowable axle weights, if such truck does

not also exceed the maximum permissible gross weight as provided in R.S. 32:386 and such

truck is not operating on the interstate system.

(ii) Any truck hauling hot mix asphalt which is performing work pursuant to a

contract with the state or the governing authority of a parish or municipality shall not be

assessed a penalty for weight which exceeds the maximum allowable axle weights, if such

truck does not also exceed the maximum permissible gross weight as provided in R.S.

32:386 and such truck is not operating on the interstate system.

(iii) Any truck fitted with a compactor body which is engaged in the collecting and

hauling of solid waste including residential solid waste, agricultural waste, commercial solid

waste, construction or demolition debris, garbage, industrial solid waste, trash, white goods,

woodwaste, and yard trash, as defined in the rules and regulations of the Department of

Environmental Quality, shall not be assessed a penalty for weight which exceeds the

maximum allowable axle weights if such truck does not also exceed the maximum

permissible gross weight as provided in R.S. 32:386 and 387 and such truck is not operating

on the interstate system. Such truck shall not be assessed a penalty for exceeding its

maximum permissible gross weight, as determined by law or pursuant to issuance of a

special permit, if the waste is wet and the location from which the waste was collected had

received measurable precipitation, as recorded by National Weather Service recognized

observation stations, within twenty-four hours prior to collection provided the total excess

weight is ten percent or less of the truck's maximum permissible gross weight and such truck

is not operating on the interstate system. If the total excess weight is greater than ten percent

of the truck's maximum permissible gross weight, as determined by law or pursuant to

issuance of a special permit, the assessed penalty shall be calculated only on the excess

weight which is above the ten percent allowance for water weight.

(iv) Effective from August 1, 2012, through July 31, 2018, no truck hauling ready-mixed concrete shall be assessed a penalty for exceeding its maximum permissible gross

weight, as determined by law, provided the total excess weight is ten percent or less of such

truck's maximum permissible gross weight, such truck contains a certificate evidencing its

most recent mixer chip-out of build-up occurred within the previous ninety days, such truck

does not exceed the posted load while crossing a posted bridge, such truck is not operating

on the interstate system, and no tire on such truck exceeds its tire weight rating. If such

truck's total excess weight is greater than ten percent of its maximum permissible gross

weight, as determined by law, such truck shall be assessed a penalty calculated on the total

amount by which the truck's weight exceeds its maximum permissible gross weight, as

determined by law. For the purposes of this Item, a "ready-mixed concrete truck" is defined

as a vehicle designed exclusively to transport or manufacture ready-mixed concrete and

includes a concrete pump truck engaged in hauling ready-mixed concrete.

(c) Prior to assessment of a penalty for weight which exceeds the maximum

allowable axle weights, the owner or operator is authorized to shift the load to reduce or

eliminate such excess axle weight penalties as long as no part of the shipment is removed.

(2) Whoever owns or drives any vehicle or combination of vehicles with a gross

weight in excess of its licensed weight but less than or equal to its legal maximum gross

weight may be assessed a penalty of one hundred dollars and shall be required to increase its

license to the weight being carried not to exceed the legal maximum.

(3) The owner or driver of a vehicle or combination of vehicles in violation of the

bridge formula axle spacing requirements of R.S. 32:386(H) shall be fined fifty dollars for

each violation.

(4)(a) Whoever owns any business entity engaged in the sale or shipment of

construction aggregates requiring a weigh master, not including asphalt, or transfer sales or

shipment from rail, barge, or ship to wholesale stockpiles or inventories within a five-mile

radius of the point where the shipment was transferred, who violates, or whose driver or

contract driver violates any rule, regulation, directive, or requirement adopted under R.S.

32:386 or violates R.S. 32:386 shall also be assessed a separate penalty for each violation in

accordance with the schedule set forth in Paragraph B(1) of this Section. However,

notwithstanding any other provision of this Chapter or any law to the contrary, any such

business, or weigh master thereof, who releases a vehicle that is within the maximum

permissible gross weight limitations for travel on a state highway shall not be assessed any

penalty when said vehicle is found in violation of gross maximum weight limitations while

traveling on any interstate highway. For purposes of enforcing this Subsection, any weights

and standards or state policeman having reason to believe that such owner is in violation of

R.S. 32:386 is authorized to enter and go upon, without formal warrant, any vehicle, stand,

place, building, or premises, for the purpose of inspecting only the shipping ticket or tickets

issued in connection with the particular load found in violation of R.S. 32:386 by any

weights and standards or state policeman in order to determine whether such sales at the

origin of shipment contain the amounts represented and are offered for sale or sold in a

manner in accordance with law. The discovery of an overweight vehicle after proper

weighing shall constitute "reason to believe" for purposes of this Subsection.

(b) When used in this Paragraph, "construction aggregates" means any of the

following:

(i) Sand.

(ii) Gravel.

(iii) Crushed stone.

(iv) Reef shell.

(v) Clam shell.

(vi) Sand-clam shell mixture.

(vii) Sand-reef shell mixture.

(viii) Sand clay gravel.

(ix) Clam-reef shell mixture.

(x) Crushed concrete.

(xi) Expanded clay.

(xii) Calcium sulfate hemihydrate.

(xiii) Asphalt.

C.(1) Whoever owns or drives any vehicle or combination of vehicles in violation

of any rule, regulation, directive, or requirement of the secretary adopted pursuant to R.S.

32:387 or in violation of the terms and conditions of any special permit issued under R.S.

32:387 shall be assessed a penalty of one hundred dollars.

(2) Whoever owns or drives a vehicle or combination of vehicles in violation of an

overweight special permit shall be assessed a penalty for each pound of gross weight in

excess of the special permit weight in accordance with the following schedule and may

increase the permissible gross weight authorized by the special permit if he shall satisfy any

special conditions imposed by the secretary or otherwise shall reduce his load to the

maximum weight allowed under his special permit:

Pounds Over Permit

Gross Weight Penalty

0 to 3,000 2¢ per pound

3,001 to 5,000 3¢ per pound

5,001 to 10,000 4¢ per pound

10,001 and over $100 plus 5¢ per pound

(3) Nothing contained in this Subsection shall authorize the commissioner or any

weights and standards or state policeman to assess any penalty provided for herein for both

the failure to possess a required special permit and for operating a vehicle in violation of R.S.

32:386 when arising out of the same activity, and to this extent the penalties provided for in

this Subsection shall not be cumulative in nature.

D. Whoever owns or drives any vehicle or combination of vehicles in violation of

R.S. 32:387(F) shall be assessed a penalty of twenty-five dollars.

E. Whoever owns or drives a vehicle or combination of vehicles without a proper

escort when such escort is required by a special permit shall be assessed a penalty of one

hundred dollars, and the vehicle or combination of vehicles shall be impounded until a

proper escort is secured by the permittee.

F. Payments for penalties imposed by the Department of Public Safety and

Corrections, public safety services, shall be remitted to the Transportation Trust Fund.

However, any payments for citations for weight limit violations on parish roads in a parish

shall be paid to the public works department of said parish.

G.(1) All such penalties collected by the commissioner shall be paid into the state

treasury on or before the twenty-fifth day of each month following their collection and, in

accordance with Article VII, Section 9 of the Constitution of Louisiana, shall be credited to

the Bond Security and Redemption Fund. However, after a sufficient amount of the penalties

collected by the commissioner is allocated from the fund to pay all obligations secured by

the full faith and credit of the state within any fiscal year, the treasurer shall pay an amount

equal to the fees paid into the Bond Security and Redemption Fund pursuant to this

Paragraph into the Transportation Trust Fund created under Article VII, Section 27 of the

Constitution of Louisiana.

(2) The Department of Public Safety and Corrections, public safety services, shall

keep a set of books showing from whom every dollar is paid and for what purpose. It also

shall keep in its file vouchers or receipts for all monies paid out.

Acts 1992, No. 902, §1; Acts 1992, No. 984, §10; Acts 1993, No. 847, §1; Acts 1997,

No. 1186, §1; Acts 1999, No. 685, §1, eff. July 1, 1999; Acts 2000, 1st Ex. Sess., No. 121,

§1, eff. April 19, 2000; Acts 2001, No. 1201, §1; Acts 2003, No. 1219, §1, eff. July 1, 2003;

Acts 2005, No. 426, §1, eff. July 1, 2005; Acts 2010, No. 320, §1, eff. July 1, 2010; Acts

2012, No. 723, §1; Acts 2014, No. 291, §1; Acts 2016, No. 371, §1.

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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
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maximum
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excess
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