La. Admin. Code tit. 70 § III-801

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

Section III-801 - Advertising on Department Assets

A. Purpose

1. The purpose of this Section is to establish a policy within the Department of Transportation and Development (department) for allowing certain limited types of advertising on high-visibility assets owned by the department for the sole purpose of raising revenue to defray some costs of departmental services. This Section shall not apply to advertisements or acknowledgments on roadway rights-of-way.

2. The establishment of this policy is not for the purpose of creating a public forum, but is for the purpose of allowing tasteful, visually appealing and inoffensive content for the departments customers while simultaneously supplementing departmental revenues.

3. The display of advertising on departmental assets will not constitute an endorsement by the department of any of the products, services or messages advertised.

B. Requests for Proposals

1. The department may issue requests for proposals in order to secure bidders for advertisement spaces on state-owned assets.

2. The requests for proposals will be reviewed by a committee appointed by the secretary and the most suitable proposal, as determined by the committee, shall be selected.

3. The committee has the discretion to make reasonable choices concerning the types of advertising that may be displayed and shall utilize the criteria which follow in this Rule.

4. The department may limit the number of assets available for advertising displays.

5. The department may limit the term of the contract with the advertiser.

C. Guidelines for Content of Advertising

1. Only commercial advertising will be accepted. It should have content that promotes a commercial transaction.

2. No content promoting illegal activity or obscene, vulgar or offensive conduct shall be allowed.

3. No content that demeans or disparages individuals or groups shall be allowed.

4. No political advertising shall be allowed.

5. No advertising of adult oriented products shall be allowed. Exception: advertising of gambling facilities shall be allowed.

6. The advertising should not be so controversial that it can promote vandalism of advertising materials and associated departmental property.

D. Guidelines for Placement of Advertising on Assets

1. For advertising which requires a power source, such as electronics or LED lighting, the advertiser will be required by the department to submit and maintain detailed plans and provisions. The use of the powered advertising devices shall not have any adverse effect on the safety and functionality of the asset. If the safety and functionality of the asset is compromised after installation, the advertising shall be removed.

2. On ferries or vehicles, advertising may be placed on the inside or the outside of the ferry or vehicle. However, the advertising shall not be erected in such a manner that it impedes current lines of sight.

La. Admin. Code tit. 70, § III-801

Promulgated by the Department of Transportation and Development, Office of Highways/Engineering, LR 37:3533 (December 2011), Amended by the Office of Operations, LR 41954 (5/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:21-26 and 48:274.2.