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Rs 32:863 Sanctions For False Declaration; Reinstatement Fees; Revocation Of Registration; Review

§863. Sanctions for false declaration; reinstatement fees; revocation of registration; review

A.(1) Except as provided in this Section, when the secretary determines that a

vehicle is not covered by security as required by this Chapter or that the owner or lessee has

allowed the required security to lapse, he shall revoke the registration of the vehicle,

impound the vehicle, and cancel the vehicle's license plate.

(2) Should the secretary determine that any person, whether in his application for

registration of a motor vehicle or in his application for a motor vehicle inspection or

otherwise, has submitted false information that the motor vehicle was covered by the security

required by Section 861 of this Part, the secretary shall impose upon the owner or owner's

lessee the sanctions set forth in Subsection (A)(1), but for a longer minimum period, as set

forth hereinafter.

(3)(a) Sanctions for a violation of Paragraph (1) of this Subsection shall be imposed

until proof of required liability security is provided to the secretary and all reinstatement fees

are paid. Sanctions for a violation of Paragraph (2) of this Subsection shall be imposed for

a period of not less than twelve months nor more than eighteen months. However, in no

event shall these sanctions be removed until such time as proof of the required security is

provided to the secretary along with all appropriate fees required by law, including a

reinstatement fee of one hundred dollars per violation of Paragraph (1) of this Subsection if

the vehicle was not covered by the required security for a period of one to thirty days, two

hundred fifty dollars if the vehicle was not covered by required security for a period of thirty-one to ninety days, and five hundred dollars if the vehicle was not covered by required

security for a period in excess of ninety days. No reinstatement fee shall be imposed by the

secretary if the vehicle was not covered by required security for a period of ten days or less

and the insured surrenders the vehicle's license plate to the secretary within ten days. The

reinstatement fees for violations of Paragraph (2) of this Subsection shall be as follows: two

hundred fifty dollars for a first violation, five hundred dollars for a second violation, and one

thousand dollars for a third or subsequent violation. The reinstatement fee shall not be owed

for an alleged violation of Paragraph (2) of this Subsection when proof of the required

security is provided to the secretary within sixty days of the date of the notice. If at the time

of reinstatement, a person has multiple violations and is within sixty days of the notice, the

total amount of fees to be paid shall not exceed eight hundred fifty dollars, for violations of

Paragraph (1) of this Subsection, one thousand seventy-five dollars for violations of

Paragraph (2) of this Subsection. At no time shall the total amount of fees, including

administrative fees, exceed two hundred fifty dollars for persons sixty-five years or older.

After sixty days of the date of the notice, all fees shall be considered final delinquent debt

and therefore owed, and the eight hundred fifty dollar limit for persons under sixty-five years

shall no longer apply.

(b) Revenues from the reinstatement fees imposed by this Paragraph shall be used

as follows:

(i) Notwithstanding any other provision of this Chapter to the contrary, except for

R.S. 32:868, and after satisfying the requirements of the Bond Security and Redemption

Fund, thirty-six percent of the revenues from the reinstatement fees shall be used as provided

by law for the construction, maintenance, and operating expenses of new capital immovables

and related movables.

(ii) In addition, fourteen percent of the revenues from the reinstatement fees shall be

dedicated for obtaining equipment and related supplies to be used in connection with the

issuance of validation stickers.

(iii) In addition, twenty-six percent of the revenues from reinstatement fees shall be

dedicated to increase the salaries of all full-time employees of the Department of Public

Safety and Corrections, office of motor vehicles. Specifically, such monies derived from the

reinstatement fees shall be used exclusively to fund the salary increases associated with the

job reclassification and pay study submitted by the office of motor vehicles to the State Civil

Service Commission on October 19, 1998, and approved by the Department of Civil Service

effective December 31, 1998. Any use of the fees allocated by this Item for salary purposes

other than those specified herein, including the use for annual merit increases, is expressly

prohibited.

(c) Upon completion of the construction of the new capital immovables and related

movables described in this Paragraph, forty percent of the revenue from reinstatement fees

imposed by this Paragraph shall be deposited in the state general fund. However, fifteen

percent of such revenues shall be reserved for maintenance and operating expenses of the

complex.

(4) Fees shall be paid to the secretary, who shall remit them to the state treasurer to

be credited to the Bond Security and Redemption Fund as provided in R.S. 32:853(B)(2).

B. The sanctions of Paragraph (A)(1) of this Section shall not be imposed, and any

fine, fee, or other monetary sanction which has been remitted to the secretary pursuant to the

sanctions of this Section, specifically including any reinstatement fee paid pursuant to

Paragraph (A)(3) of this Section and any fee paid pursuant to Paragraph (D)(5) of this

Section, shall be promptly refunded by the secretary to the person who paid it, if the owner

or lessee furnishes any of the following within sixty days of the notice:

(1) An original, a photocopy, or an image of the card that is displayed on a mobile

electronic device of a Louisiana auto insurance identification card showing that the required

security is in effect on the vehicle and has been continuous without lapse or an original or

photocopy of any written communication from an insurer either to the insured or to the

secretary stating that the required security is in effect on the vehicle and has been continuous

without lapse, any one of which shall constitute sufficient evidence that the required security

on the vehicle has not lapsed.

(2) If such evidence is not furnished by the owner or lessee, any other evidence

satisfactory to the secretary, that each of the following conditions are met:

(a) The vehicle was at the time in question in fact covered by the required security.

(b) The vehicle is currently covered by security as required by R.S. 32:861 and that

the required security has been continuous without lapse.

(c) The vehicle was not involved in an accident during the period when it was not

covered by security as required by R.S. 32:861.

(3) Documentation satisfactory to the department that the vehicle was damaged as

a result of a natural disaster which is the subject of a state of emergency declared by the

governor and was treated as debris and removed, provided such natural disaster occurred

prior to the reported cancellation of liability insurance.

C. If the person applies for a registration during the same period for which the

surrendered plate would have been valid, credit shall be applied toward the purchase of a new

plate. The credit shall be equal to the amount paid for the most recent registration of the

motor vehicle multiplied by a fraction, the numerator of which is the unused months of said

registration and the denominator of which is the number of months for which said

registration was issued.

D.(1) When the secretary seeks to impose the sanctions required in this Section, he

shall send written notice to the owner, lessee, or other person against whom sanctions are

intended at the last address furnished to the department. Notwithstanding the provisions of

R.S. 32:852(E), such notice may be sent by first class mail. A notice of noncompliance,

issued by a law enforcement officer under the provisions of R.S. 32:863.1(C)(1), shall serve

as notice to the owner, lessee, or other person. Prior to imposition of such sanctions, a

hearing may be requested within ten days from the date of notice. Sanctions shall not be

imposed until all rights for appeal have expired or been exhausted.

(2) At the hearing, the commissioner shall consider the correctness of his initial

determination with regard to petitioner's violation of any provision of Subsection A or B of

this Section. Should the commissioner find that his initial determination with regard to such

a violation was correct, the revocation ordered by him shall be maintained and given effect.

The commissioner shall rescind an ordered revocation only if he finds that petitioner violated

no provision of Subsection A or B of this Section, and that the initial determination made by

the commissioner was incorrect.

(3) Repealed by Acts 2001, No. 883, §2.

(4) Within ten days after a person has exhausted his remedies with the commissioner,

he shall have the right to file a petition in the district court in the parish of his domicile for

a review of the final order of revocation. The court may exercise any action it deems

appropriate.

(5) The department may promulgate rules and regulations necessary to offset the

administrative cost of this Section not to exceed twenty-five dollars.

E. When a person's motor vehicle registration is suspended or revoked according to

the provisions of this Section, it shall remain suspended or revoked and the person shall be

prohibited from renewing his driver's license, obtaining a duplicate driver's license, renewing

his motor vehicle registration, or obtaining reissuance of his motor vehicle registration until

the reinstatement requirements of this Section are satisfied.

Added by Acts 1977, No. 115, §1, eff. July 1, 1978. Amended by Acts 1979, No.

538, §1; Acts 1981, No. 743, §1; Acts 1983, No. 282, §1; Acts 1984, No. 212, §1, eff. July

1, 1985; Acts 1985, No. 866, §1; H.C.R. No. 186, 1986 R.S., eff. June 30, 1986; Acts 1987,

No. 616, §1, eff. July 9, 1987; Acts 1987, No. 553, §1; Acts 1988, No. 269, §1; Acts 1991,

No. 391, §1; Acts 1992, No. 984, §18; Acts 1994, 3rd Ex. Sess., No. 119, §1, eff. July 7,

1994; Acts 1998, 1st Ex. Sess., No. 159, §1; Acts 1999, No. 157, §1, eff. June 30, 1999; Acts

2001, No. 371, §1; Acts 2001, No. 883, §§1 and 2; Acts 2001, No. 916, §1; Acts 2001, No.

1109, §1; Acts 2003, No. 405, §1, eff. June 18, 2003; Acts 2003, No. 611, §1; Acts 2006,

No. 406, §1; Acts 2011, No. 370, §2; Acts 2012, No. 824, §1; Acts 2014, No. 639, §1, eff.

Feb. 1, 2014; Acts 2014, No. 641, §1, eff. July 1, 2014; Acts 2015, No. 414, §1.

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Local Government
Louisiana
3
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
vehicle
security
reinstatement
fees
fee
secretary
motor
lapse
covered
sanction