Current through Register Vol. 50, No. 9, September 20, 2024
A. Louisiana
Vehicles Which Are Improperly Licensed or Unlawfully Registered. This includes
vehicles operating with the wrong class of license (the classes are described
in
R.S.
47:462), a vehicle whose serial number
doesn't match the serial number on the registration certificate, a vehicle
which exceeds its licensed weight (but does not exceed the legal weight for
that type of vehicle).
1. Louisiana vehicles
are allowed a 10 percent tolerance on licensed weight. If the vehicle is not
more than 10 percent over its licensed weight and does not exceed the legal
maximum allowable weight for that type of vehicle, no violation has occurred.
The officer should advise the driver of the proper licensed weight for that
vehicle.
2. For those vehicles
which exceed the 10 percent tolerance on licensed weight, the officer shall
write a "no fine" violation ticket, citing
R.S.
47:516.
3. When the driver appears at the Vehicle
Registration Bureau to purchase the proper plates, he will be charged an
additional 25 percent of the cost of the new plates as a penalty.
4. If the vehicle's license plate is
confiscated, the officer shall note this on the violation ticket, together with
the number of the plate, and "Must secure proper license by (date)." The date
noted shall be five working days from date of offense. The violation ticket
serves as a receipt for the license plate collected by the officer and is
considered a temporary license plate for five working days.
5. The unit supervisor shall then mail the
license plate to the Weights and Standards Headquarters Office for processing
to the Weights and Standards Headquarters Office for processing to the
Department of Public Safety, Office of Motor Vehicles.
6. If a vehicle in this situation also
exceeds the legal weight limitations, the officer shall issue another violation
ticket citing
R.S. 32:386 and
fine the vehicle for the weight in excess of the legal weight, according to the
overweight penalty chart.
B. Louisiana Vehicles with an Expired License
and Registration or No License and Registration
1. In these situations the officer shall
write a "no fine" violation ticket citing
R.S.
47:516, and the officer shall also remove the
expired license plate.
2. When the
driver appears at the Vehicle Registration Bureau to purchase the proper
plates, he will be charged an additional 25 percent of the cost of the license
as a penalty.
3. The unit
supervisor shall mail the confiscated driver's license and expired license
plate to the Weights and Standards Headquarters Office at DOTD. Upon
notification that the proper registration and license have been purchased, the
department shall return the driver's license to the address listed on the
violation ticket.
4. If a vehicle
in this situation also exceeds the legal weight limitations, the officer shall
issue another violation ticket citing
R.S. 32:386 and
fine the vehicle for the weight in excess of the legal weight, according to the
overweight penalty chart.
C. Out-of-State Vehicles with an Expired
License and Registration or No License and Registration
1. These vehicles may not operate at all in
Louisiana (neither interstate nor intrastate) without purchasing a temporary
48-hour permit either prior to entering Louisiana or at a port of
entry.
2. If a vehicle in this
situation is stopped and the driver does not have a temporary permit, the
officer shall issue a violation ticket citing
R.S.
47:511.1, assess a fine of $200, and require
the driver to purchase a $25 temporary 48-hour permit. The expired license
plate is not to be removed.
D. Out-of-State Vehicles Which Are Improperly
Licensed
1. If a vehicle domiciled outside
Louisiana has a current license but the actual weight of the vehicle exceeds
the weight for which it is licensed and does not exceed the legal weight for
that type vehicle, the officer shall issue a violation ticket citing
R.S.
32:388. The license plate is not to be
removed.
2. If the vehicle exceeds
both the licensed weight and the Louisiana legal weight for that type of
vehicle, it shall be fined $100 or according to the overweight penalty chart,
whichever amount is greater. If the officer fines according to the overweight
penalty chart, he shall cite
R.S. 32:386.
When fining according to the overweight penalty chart, compute the amount of
pounds overweight by subtracting the legal Louisiana weight for that type of
vehicle from the actual weight of the vehicle.
E. Vehicles Which Require Temporary 48-Hour
Permits
1. Officers at port-of-entry locations
(Greenwood, Slidell, Starks, Baptist, Kentwood, and Toomey) may sell an
out-of-state or apportioned vehicle a temporary 48-hour permit if the driver so
requests. Temporary permits may also be purchased from the Vehicle Registration
Bureau or one of the wire services, if the vehicle is eligible for such a
permit.
2. The cost of a temporary
48-hour permit is $25. It shall be valid for 48 continuous hours.
3. If a vehicle is required to have a
temporary permit and does not possess one, the officer shall issue a violation
ticket citing
R.S.
47:511.1, and may require the operator to
purchase a temporary permit. A fine of $200 shall be added to the cost of
purchasing a temporary permit as a penalty.
4. Officers at other than port-of-entry
locations may sell temporary permits without issuing a violation ticket or
assessing the fine if the driver requests the permit prior to movement of the
vehicle (must be before the officer stops the vehicle).
5. If a vehicle is stopped and found to
exceed the time limit of a temporary permit, a fine of $200 shall be assessed
and the driver shall be required to purchase another
permit.
F. Procedures for
Issuing Temporary 48-Hour Permits
1. Fill out
the form completely, printing with ballpoint pen.
a. First fill out "Issue Date," noting date
and time of day.
b. Then fill out
"This Permit Expires" with the same time of day as the time of issuance,
whether a.m. or p.m., and the date two days from the date of
issuance.
c. "Effective Date" is
for the first day for which the permit is valid, normally the same as the issue
date.
2. Sign under
"Issued by" and note your scale location number.
3. In the space beside "$25" write "Pd. by"
and the type of payment (for example: Am. Exp. M.O., BK. of Abbeville Ca. DK.,
U.S. Postal M.O., Republic M.O., BK. of La. Cert. Ck., etc.) and the check or
money order number.
4. Fill in the
owner's name; and the operator's name, if the owner is not the operator at the
time of the violation; owner's address, the vehicle identification number
(VIN), year, body style and make; the state where registered; the city where
registered; and the current license number of the vehicle.
5. Give the driver the original and retain
the other two copies.
6. Write the
temporary 48-hour permit number on any violation ticket which required the
purchase of the temporary permit.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
32:2 et seq.