La. Admin. Code tit. 33 § V-10711

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-10711 - Penalties

A. Refusal to submit to a chemical test as required by this Chapter may result in the removal of the individual's privilege to operate or take part in the operation of a transport vehicle, engine, or train that is transporting hazardous materials, hazardous waste, freight, or passengers within the state for one year. The fact that an operator's license is not required will not alter this restriction.

B. When a person submits to a chemical test or tests for the presence of alcohol or controlled dangerous substances, and a blood alcohol content of 0.04g percent or higher is present or any controlled dangerous substance is indicated, the individual's privilege to operate or take part in the operation of a transport vehicle, engine, or train that is transporting hazardous materials, hazardous waste, freight, or passengers within the state may be removed for one year.

C. When an individual's privilege to operate or take part in the operation of a transport vehicle, engine, or train that is transporting hazardous materials, hazardous waste, freight, or passengers is removed, the carrier that employs the individual will be informed of the restriction. The carrier will be responsible for the enforcement of the restriction. Failure to comply with the restriction may subject the carrier to a civil penalty as provided in R.S. 32:1512.

D. It will be the responsibility of the carrier to allow only qualified individuals to operate or take part in the operation of transport vehicles, engines, or trains that transport hazardous materials, hazardous waste, freight, or passengers. The department will maintain a list of individuals who are restricted from operating or taking part in the operation of transport vehicles, engines, or trains that are transporting hazardous materials, hazardous waste, freight, or passengers within the state.

E. The penalty provision found in R.S. 32:1512 shall apply to any violation of this Chapter.

La. Admin. Code tit. 33, § V-10711

Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 14:296 (May 1988).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1501 et seq. and R.S. 30:1140.