La. Admin. Code tit. 73 § I-103

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-103 - Field Procedures for Enforcing Weight and Size Limitations
A. Procedures for Weighing Vehicles. When a vehicle presents itself at the unit, it is for the purpose of checking the weight, width, length, height, permit, and vehicle registration and license to determine if the requirements governing the control of vehicles using state highways have been violated. The Weights and Standards Stationary Scale Police Force officer may require the driver to present proof of ownership or lease and any other information which may be required with regards to the vehicle or type of load being transported.
1. Weighing Vehicles on Stationary Scales. The officer shall have the driver position his vehicle on the scales so that all axles can be properly weighed. Caution shall be exercised by the officers to prevent vehicles from lining up beyond the scale approach lanes and blocking traffic lanes and to insure the safety of the motoring public.
2. Weighing Vehicles on Mobile Scales. The officer shall position the scales so that each axle or each set of tandem axles can be properly weighed. Caution shall be exercised by the officers in selecting a safe place to weigh a vehicle to insure the safety of the motoring public.
B. Procedures for Enforcing the Weight Law
1. Shifting the Load. Loads may be shifted after weighing and before proceeding to reduce or eliminate excess axle penalties, so long as no part of the shipment is removed.
2. Vehicles in violation of weight, size or permit regulations shall be documented and a Notice of Violation shall be sent to the violating party.
3. All loads that are not indivisible, perishable, or dangerous will be ticketed as required and may be permitted to proceed without reducing the load as stipulated herein.
a. Unloading of excess weight shall not be done on highways regardless of shoulder width. The driver shall be instructed to do this at a suitable location within a reasonable distance from the point of violation.
4. All indivisible loads and all perishable products will be ticketed in accordance with DOTD regulations and permitted to proceed to a suitable place to reduce the load.
a. Perishable Products. (Include the following, but may not be limited to these.) All agricultural products; hot mix asphalt; concrete; all seafood; products requiring refrigeration or those transported in insulated vehicles; dairy products or poultry and associated products, meat, pork, livestock, live animals; and all other loads that would lose their value or be damaged to such a degree that they would not be suitable for their intended use in commerce if delayed in transit.
b. Indivisible Loads. Indivisible loads are those that are divisible but became indivisible once loaded due to the nature of loading or equipment required for unloading. Indivisible loads include the following, but are not limited to all forest products; flammable, dangerous or toxic liquids, solids and gases such as gasoline, naphtha, kerosene, acids, liquefied petroleum gas, containerized cargo, pipe, prestressed or steel girders or large structural components or fabricated or unfabricated materials of indivisible nature that would require specialized equipment to unload or shift; or any load that would create a traffic hazard or danger to either the motoring public or the surrounding area if unloaded adjacent to the highway.
5. Checking Tandem, Tridum and Quadrum Axles. The law requires reasonable distribution of the load on various axles of a set of tandem, tridum and quadrum axles. Therefore, the following criteria shall be used to determine uniform distribution.
a. Tandem Axles. Each individual axle of a tandem axle shall be considered acceptable if the load on both axles does not exceed 34,000 pounds and neither individual axle carries more than 20,000 pounds on the interstate. On noninterstate highways a tandem axle may not exceed 37,000 pounds, and neither individual axle may carry more than 21,500 pounds. On permit loads neither axle shall carry more than 60 percent nor less than 40 percent of the load shown on the approved permit.
b. Tridum Axles. Each individual axle of a tridum axle shall be considered acceptable if the load on all three axles does not exceed 42,000 pounds and none of the axles carries more than 16,000 pounds on interstate highways. On noninterstate highways a tridum axle may not exceed 45,000 pounds, and neither individual axle may carry more than 17,000 pounds. On permit loads no axle shall carry more than 40 percent or less than 25 percent of the load shown on the approved permit.
c. Quadrum Axles. Each individual axle of a quadrum axle shall be considered acceptable if the load on all four axles does not exceed 50,000 pounds and none of the axles carries more than 14,500 pounds on interstate highways. On noninterstate highways a quadrum axle may not exceed 53,000 pounds, and neither individual axle may carry more than 30 percent or less than 20 percent of the load shown on the approved permit.
d. When these regulations are violated, a violation ticket shall be issued and a fine of $100 assessed, unless there are other violations, in which case the violation resulting in the highest fine will be used. The fines shall not be cumulative.
6. Whenever an officer stops a vehicle that is not entering into or completing a turn and an add-on axle equipped with an air bag or hydraulic system is in the raised position and the axle load is within legal limits for the number of axles including the add-on axle, the vehicle will be ticketed for improper distribution of the load and fined $100. In the event the axle load exceeds the legal limitations for the configuration, including the add-on axle, the vehicle will be ticketed for the excess weight over and above legal limits.
7. Posted Bridges. Violation tickets for crossing bridges posted with regulatory weight limits shall not be issued unless a truck is observed crossing a bridge. Tickets shall be issued only after the offense is committed. All obviously overweight vehicles shall be directed to turn back when they are seen approaching a bridge posted with a regulatory weight limit. No violation tickets shall be issued for crossing bridges posted with advisory weight limits; however, drivers are urged to use their own discretion in crossing these bridges with heavy loads.
8.
a. All vehicles are required to stop at DOTD stationary enforcement units except the following:
i. automobiles, including those towing another vehicle;
ii. pickup trucks, if they are not towing another vehicle;
iii. vans, if they have less than a 1-ton capacity;
iv. recreational vehicles, if they are not oversize or overweight;
v. buses;
vi. trucks which belong to law enforcement agencies and are not normally used for load-carrying purposes, fire trucks, and ambulances;
vii. empty garbage trucks;
viii. wreckers, if they are not towing a vehicle which would be required to stop at the scales.
b. Any vehicle which is required to stop at the scales and fails to do so shall be cited for failure to stop and for any other violation which has occurred.
9. National Guard Convoys. These may proceed without stopping at the stationary scales for weighing purposes, provided overweight and oversize permits are obtained in advance for all vehicles requiring permits and that the lead vehicle stops at the weighing station and advises the supervisor in charge of the permit vehicles in the convoy. In the event one of these vehicles is later stopped by a portable unit and requires ticketing, have the driver sign the violation ticket, but do not give him a copy. Include the original with the other copies you mail to headquarters. Do not detain or impound the truck, and do not collect the driver's license.

La. Admin. Code tit. 73, § I-103

Promulgated by the Department of Transportation and Development, Office of Highways, LR 5:28 (February 1979), amended by the Office of Weights, Measures and Standards, LR 24:1517 (August 1998), Amended LR 481727
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:2 and 32:386.