La. Admin. Code tit. 55 § I-2323

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

Section I-2323 - Approval of Safety Devices

A. Pursuant to R.S. 32:384(D), every trailer and semi-trailer with a loaded gross weight capacity of up to 6,000 pounds shall be equipped with safety chains or another approved safety device. This statute requires that the safety device shall be securely attached to the towing vehicle when the trailer or semi-trailer is in motion, and shall be of sufficient strength to hold the trailer behind the towing vehicle in case the primary connection between the two vehicles detaches.

B. The above-mentioned safety device is to be approved by the department, as per R.S.32:384(E). In order to be approved, the device shall be produced, manufactured and/or constructed by a bonded and insured manufacturer of such equipment who carries product liability insurance and regularly produces safety devices of guaranteed quality. The manufacturer shall submit to the department certification from a bonded and insured reputable testing laboratory, regularly engaged in the testing of such equipment, indicating that the strength capacity of the device submitted for approval and all its components are not less than the manufacturer's indicated breakaway weight or ultimate strength.

C. The device submitted for approval shall meet the following requirements:

1. construction material to consist of steel or other alloy of equal or greater strength;

2. tinsel strength of the unit and all components shall be greater than 6,000 pounds or the gross vehicle weight rating of the vehicle being towed, whichever is greater;

3. the method by which the safety device is attached from the towing vehicle to the towed vehicle shall be independent and not attached to the primary towing device. It should attach to the vehicle's main frame and/or receiver if equipped with a tow package and/or the bumper if the bumper is rated of sufficient strength to meet or exceed the tow rating for the safety device. At no time should the safety device be attached to the trailer hitch ball or shank;

4. the safety device shall meet or exceed the strength standards set by the Society of Automotive Engineers (S.A.E.) for the manufacture, use and application of safety chains, as they relate to the towing of vehicles or trailers.

D. The manufacturer of the submitted device shall:

1. have a certified bond of insurance in the amount of not less than $1,000,000;

2. be a business in good standing, not delinquent on taxes or other fees;

3. assign a model designation to each variant or design and it shall be unique to the individual model. All changes or alterations to devices shall require a separate application being submitted by the manufacturer.

E. As a prerequisite to licensing, applicants shall submit the following to the department when seeking approval:

1. certificate of inspection from an insured and accredited scientific testing laboratory;

2. pictures and Schematics of the device;

3. certificate of insurance in the amount of not less than $1,000,000;

4. articles of incorporation or other documents forming a legal company or business;

5. tax identification numbers.

F. The commander of the Louisiana State Police Transportation and Environmental Safety Section, or his designee, shall have the authority and discretion to approve or deny any and all safety devices submitted for approval. The Louisiana State Police may, at its discretion, withdraw or repeal its approval, upon written notice, of any device that may later be determined unsafe or hazardous to the public or as a result of any actions by the manufacturer or its employees in violation of this Section. All costs of testing, certification and other related costs shall be borne by the manufacturer/applicant.

La. Admin. Code tit. 55, § I-2323

Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 27:424 (March 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:384.