La. Admin. Code tit. 73 § I-107

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-107 - Procedures for Enforcing Vehicle Registration and Licensing Laws

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.

La. Admin. Code tit. 73, § I-107

Promulgated by the Department of Transportation and Development, Office of Highways, LR 5:30 (February 1979), Amended LR 481728

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:2 et seq.