Current through Register Vol. 50, No. 9, September 20, 2024
A.
For the purpose of this Chapter, the federal regulations, as adopted or amended
herein, shall govern all carriers, drivers, persons or vehicles:
1. to which the federal regulations
apply;
2. engaged in the
transportation of hazardous materials within this state;
3. designed or used to transport 16 or more
people, including the driver.
B. For the purpose of this Chapter, the
federal motor carrier safety regulations, as adopted or amended herein, shall
also govern all carriers, drivers, persons or vehicles not subject to the
federal regulations, if the operated vehicle has a single or combined gross
vehicle weight or gross vehicle weight rating, greater than 26,000 pounds and
is used in commerce or industry.
C.
The adopted federal regulations applicable to all carriers, drivers, persons or
vehicles set forth in Subsections A and B of this Section shall be amended as
follows.
1. For the adopted regulations
governing all carriers, drivers or vehicles as specified in Subsection B,
substitute "26,000 pounds" for all references made to "10,000
pounds."
2. Part 391.11(b)(1) shall
read, "is at least 21 years old, or is at least 18 years old and lawfully
possesses an appropriately classified driver's license secured from the
Louisiana Department of Public Safety and Corrections."
3.
a. If a
driver has been regularly employed by a motor carrier for a continuous period
of no less than three years immediately prior to January 20, 1988, such driver
is exempt from complying with Parts 391.21, 391.23, and 391.33.
b. If a driver has been employed as a
commercial motor vehicle operator for a minimum of 24 months prior to March 31,
1992, such driver is exempt from complying with Parts 391.41(b)(1), (2), (3),
(4), (5), (10), and (11).
c.
However, such a driver may remain qualified only as long as an examining
physician determines, during the biennial medical examination required in 49
CFR Part 391.45, that the existing medical or physical condition that would
otherwise render a driver unqualified has not significantly worsened or that
another disqualifying medical or physical condition has not manifested. The
medical examiner's certificate must display upon its face the inscription
medically unqualified outside louisiana when a driver is qualified in
accordance with the provisions stated herein.
4. When applicable, the words "Louisiana
Department of Public Safety and Corrections" and/or "Office of State Police"
shall be substituted where "U.S. Department of Transportation," "Federal
Highway Administration," "Federal Highway Administrator," "Director," "Bureau
of Motor Carrier Safety" or "Office of Motor Carrier Safety" appear.
5. Where special U.S. Department of
Transportation forms or procedures are specified or required, substitute the
compatible Louisiana Department of Public Safety and Corrections forms or
procedures if such are required by the state.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
32:1501 et
seq.
