MTR VEHICLE/COMPULS INS: Permits the impoundment of out-of-state vehicles not covered by compulsory liability insurance

ENROLLED
ACT No. 8612026 Regular Session
HOUSE BILL NO. 999 (Substitute for House Bill No. 174 by Representative Firment)
BY REPRESENTATIVE FIRMENT
1 AN ACT
2 To amend and reenact R.S. 32:863.1(C)(1)(a) and (I)(1), relative to motor vehicle liability
3 security; to provide for proof-of-insurance requirements applicable to vehicles
4 registered in jurisdictions outside of the state; to provide for enforcement and
5 impoundment procedures; to provide for uniform due process protections; to provide
6 for an effective date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:863.1(C)(1)(a) and (I)(1) are hereby amended and reenacted to
9 read as follows:
10 §863.1. Evidence of compulsory motor vehicle liability security contained in
11 vehicle; enforcement; penalty; fees
12 * * *
13 C.(1)(a) If the operator of a motor vehicle is unable to show compliance with
14 the provisions of this Part by displaying the required document when requested to
15 do so, the motor vehicle shall be impounded and the operator shall be issued a notice
16 of noncompliance with the provisions of this Part on a physical or electronic form
17 provided by the department. Notwithstanding the provisions of R.S. 32:852(E), the
18 notice may be sent by first class mail. A copy of the notice of noncompliance shall
19 be provided to the towing or storage company and a copy shall be forwarded to the
20 office of motor vehicles within three calendar days after the notice of noncompliance
21 was served. The notice of noncompliance shall serve as notice of administrative
22 hearings rights. In addition, the law enforcement officer shall remove the license
23 plate from the vehicle if the vehicle is registered in Louisiana. The law enforcement
24 officer shall deliver the vehicle license plate to the chief of the agency which
25 employs the officer, or to a person in that agency designated to receive confiscated
26 license plates. In those cases in which a motor vehicle is not impounded, a copy of
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HB NO. 999 ENROLLED
1 the notice of noncompliance shall be attached to the vehicle license plate and both
2 shall be delivered to the nearest office of motor vehicles within three calendar days
3 after the notice of noncompliance was served. The provisions of this Paragraph
4 apply to all motor vehicles operated in this state, including vehicles registered in
5 another state.
6 * * *
7 I.(1) Every owner or lessee of a self-propelled motor vehicle registered in
8 another state which is involved in a traffic accident or collision in Louisiana shall
9 provide one of the documents comparable to those listed in Subsection A evidencing
10 that the motor vehicle is covered by a valid policy of automobile insurance. If the
11 operator of the motor vehicle is unable to show such proof, a notice of
12 noncompliance shall be issued. The provisions of this Section, including the
13 requirements for proof of motor vehicle liability security and the enforcement,
14 impoundment, and due process procedures established herein, apply to any motor
15 vehicle registered in another state when operated upon the public highways of this
16 state.
17 * * *
18 Section 2. This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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