La. Admin. Code tit. 73 § I-1103

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

Section I-1103 - Legal Limitation Violations

1. The secretary of DOTD, or his designee, shall send the responsible party a "Notice of Violation, Proposed Finding and Proposed Civil Penalty" within 30 calendar days of the violation. However, the commissioner or secretary shall be granted an additional 60 calendar days to send the Notice of Violation only in the case of a data system failure due to either an act of God, or an intentional sabotage.

2. Each Notice of Violation shall state whether or not a monetary penalty is assessed, or if the Notice of Violation serves only as a warning.

3. When a monetary penalty is assessed, each Notice of Violation, shall be sent to the responsible party by certificate of mailing. The responsible party shall have 45 calendar days from the date of the Notice of Violation to either pay the fine, or to request in writing an administrative hearing to review the Notice of Violation. If the amount of the fine has been negotiated between the secretary of DOTD, or his designee, and the responsible party, the responsible party shall be notified within 30 calendar days from the final negotiation date.

4. The responsible party shall have 45 calendar days from the date of the Notice of Violation to either pay the fine, or to request in writing an administrative hearing to review the Notice of Violation. After the administrative hearing has occurred and findings have been made by the hearing officer, any appeal of the findings of the hearing officer shall be filed in a state district court with jurisdiction over the matter.

5. The responsible party shall pay all fees and fines by not later than 45 calendar days after the issuance of the Notice of Violation, or not later than 30 calendar days after receiving a notice of final judgment from the administrative law judge following the hearing on the matter.

6. Fines shall be paid by certified check, money order, or credit card. Payment made by credit card shall be deemed received by the secretary of DOTD when tendered and an approval code is received from the credit card company or processor.

7. If the responsible party fails to timely pay the assessed fine in the prescribed time, the secretary shall transmit the driver's license number to the Office of Motor Vehicles, upon receipt of which the Office of Motor Vehicle shall immediately notify the driver by first class mail that his driver's license shall be suspended for 30 calendar days after the date of the mailing of the notice until such time as all fines assessed by the Notice of Violation, or the final judgment of the administrative law judge, are paid in full, with an additional fifty dollar fee, payable to the Office of Motor Vehicles, in order to cover its administrative costs.

B. Twin Trailer Combinations, Trailer and Towed Vehicles, Farm Vehicles and Equipment, and Care of Vehicle Loads. If a vehicle, combination of vehicles, or load violates Louisiana law or DOTD regulations for twin trailer combinations, trailers and towed vehicles, farm vehicles and equipment, or care of vehicle loads, the penalty will be $100 and the driver must correct the violation.

C. Oversize. If a vehicle and divisible load exceeds the legal limitations or DOTD regulations for width, height, length, or projecting loads; the penalty will be $100 and the driver must reduce the load to the legal size.

D. Overweight. The amount assessed for an overweight penalty will be for the violation with the greatest dollar value, whether based on gross vehicle weight, axle weight(s), or bridge formula. A $10 penalty will be assessed for each lesser violation(s).

1. Gross Vehicle Weight or Axle Weight

a. If a vehicle and divisible load exceeds the legal limitations or DOTD regulations for axle weight or gross vehicle weight, these schedules will be used.

Overweight Pounds	Over Gross Weight	Over Axle Weight(s) Only
0 to 3,000	$0.02 per pound	$0.01 per pound
3,001 to 5,000	$0.03 per pound	$0.015 per pound
5,001 to 10,000	$0.04 per pound	$0.02 per pound
10,001 and over	$100.00 plus $0.05 per pound	$100.00 plus $0.05 per pound

b. If a vehicle exceeds the legal maximum gross weight but not the legal maximum axle weight, the over gross weight schedule is used to assess the penalty.

c. If a vehicle does not exceed the legal maximum gross weight, but exceeds the legal maximum axle weights for any axle or axle groups, the penalties are then computed separately for each axle or group, the sum amount of which is the penalty assessed.

d. If a vehicle exceeds both the legal maximum gross weight and the legal maximum axle weight, both penalties are computed from the over gross weight schedule, and the greater of the two is assessed as the penalty. When two or more single axle or axle groups are overweight, the sum of the penalties of the overweight axles is compared to the penalty on the gross weight, and the greater of the two will be assessed. A $10 penalty is assessed for the lesser violation.

2. Posted Bridges. If a vehicle or combination of vehicles is observed crossing a bridge which has regulatory weight limits and the vehicle or combination of vehicles exceeds the posted weight limit on the bridge, the penalty will be $100.

3. Escort Vehicles

a. Operating as an escort vehicle when required by oversize/overweight permit unable to pass required inspection, the penalty will be $100.

b. Transporting load without an escort when one is required, the penalty will be $100.

4. Bridge Formula. If the owner or driver of a vehicle or combination of vehicles is in violation of the bridge formula axle spacing requirements, the penalty will be $50.

5. Stationary Poles. If a combination of vehicles transporting forest products in their natural state is not equipped with stationary vertical retaining poles on the driver's side of the trailer portion, the penalty will be $100.

6. Variable Load Suspension Axles

a. If vehicles equipped with VLS axles are observed to have the regulator for these axles installed in the cab, the penalty will be $100.

b. If vehicles equipped with VLS axles are observed operating with axles in the up position when not entering or leaving a turn, the vehicle will be cited as the type represented by the number of axles on the ground. The penalty will be calculated from the appropriate overweight chart.

E. Permit Violations

1. Drivers will be given the opportunity to shift the load to reduce or eliminate oversize and overweight penalties as long as no part of the shipment is removed.

2. Indivisible vehicles or indivisible loads exceeding the legal limitations without a permit or violating the restrictions of a permit will be issued a notice of violation.

3. No axle variance will be allowed for vehicles which exceed their permitted axle weight.

4. Penalties will be due immediately upon receipt of the ticket.

5. Exception. The Secretary of the Department of Transportation and Development may establish credit accounts for violators, if each violator provides the department a cash bond or penalty bond in the minimum amount of $5,000. It is required that the original penalty bond, a power of attorney for the principal, and a power of attorney for the insurance company be furnished to the department's Weights and Standards Headquarters Office.

6. Exception. A driver of a vehicle registered in Louisiana who possesses a valid Louisiana driver's license may deposit the license with the enforcement officer instead of paying the penalty immediately. A receipt will be provided which will notify the owner and driver of when and where to pay the penalty. The receipt will also serve as a valid Louisiana driver's license for 30 days. If the penalty has not been paid within the 30-day period, the driver's license will be forwarded to the Department of Public Safety for suspension, and the DOTD Weights and Standards Police Force will locate and remove the license plate from the vehicle in violation until any penalty assessed is paid. In addition, DOTD will institute suit against the violator; and the violator may be penalized an additional $100, imprisoned for 30 days, or both. For a second violation, the violator may be penalized an additional $500, imprisoned for 90 days, or both. If the violator is not an individual, imprisonment will not be required; however, a double penalty may be assessed.

7. In case of multiple violations of size, weight and permits, the penalty assessed will be for the violation which gives the greatest penalty. However, multiple weight violations are susceptible to additional penalties.

8. If upon expiration of a 90-day period any penalty assessed remains unpaid, the department may institute a civil suit in the parish in which the violation occurred or in the domicile of the owner or driver to collect any penalty assessed but unpaid.

F. Oversize. If an indivisible vehicle or indivisible load exceeds the legal limitations or DOTD regulations for width, height, length, or projecting loads and is operating without a permit or exceeding the size allowed by a valid permit; the penalty will be: $100, plus the cost of an oversize permit, if a permit was not previously purchased. In addition, any restrictions imposed by DOTD must be met.

G. Overweight

1. No Permit for Weight

a. If a vehicle, vehicle combination, or vehicle/ indivisible load combination exceeds the legal limitations or DOTD regulations for axle weight or gross vehicle weight and is operating without a permit, an overweight permit must be purchased and any restrictions imposed by DOTD must be met.

b. If a vehicle exceeds the legal gross weight but not the legal axle weight, a penalty will be assessed from the over gross weight schedule on all pounds in excess of the legal gross vehicle weight.

c. If a vehicle exceeds the legal axle weight but not the legal gross vehicle weight, a penalty will be assessed from the over axle weight only schedule on all pounds in excess of the legal axle weight. When two or more single axles or axle groups are overweight, the penalty will be figured for each overweight single axle or axle group; then all the penalties will be added together.

d. If a vehicle exceeds both the legal gross vehicle weight and the legal axle weight, one penalty will be figured using the pounds in excess of the legal gross vehicle weight and one penalty using the pounds in excess of the legal axle weight. Both penalties will be figured using the over gross weight schedule, and the greater of the penalties will be assessed. When two or more single axles or axle groups are overweight, the sum of the penalties on the overweight axles will be compared to the penalty on the gross weight; then the greater of the two will be assessed plus $10 penalty for the lesser violation.

2. Over Permitted Axle Weight Only

a. If a vehicle, vehicle combination, or vehicle/ indivisible load combination exceeds the axle weight but not the gross vehicle weight allowed by its permit, then no penalty will be assessed (except for harvest season permits, natural forest product permits, waste disposal truck permits, and steering axle permits). However, DOTD may require either additional dismantling of the load, modification of the hauling equipment, or return of the movement to the state of origin or to its point of origin in Louisiana.

b. If a vehicle or combination of vehicles has a harvest season permit or natural forest product permit and exceeds the axle weight but not the gross vehicle weight allowed by the permit, then a penalty will be assessed on all pounds in excess of the permit's axle weights according to the over axle weight only schedule. When two or more single axles or axle groups are overweight, the penalty will be figured for each over-weight single axle or axle group; then all the penalties will be added together. In addition, these vehicles may be required to proceed to the nearest suitable place to off-load to the permitted axle weights at the owner's expense.

c. If a vehicle has a waste disposal truck permit or steering axle permit and exceeds the axle weight but not the gross vehicle weight allowed by the permit, a penalty will be assessed from the over axle weight only schedule. The penalty will be based on all pounds in excess of the permit's axle weight.

NOTE: Vehicles with waste disposal truck permits may be required to proceed to the nearest suitable place to off-load to the permitted axle weight at the owner's expense.

NOTE: Vehicles with steering axle permits must increase the permit's weight to the weight being carried.

3. Over Permitted Gross Weight Only

a. If a vehicle, vehicle combination, or vehicle/load combination exceeds the gross vehicle weight but not the axle weight allowed by a valid permit, a penalty will be assessed from the over gross weight schedule. The penalty will be based on all pounds in excess of the permit's gross vehicle weight.

NOTE: Vehicles with overweight permits will be required to increase the permit's weight to the weight being carried, and the driver will be charged for the difference between the fee already paid and the correct permit fee. DOTD may also require additional dismantling of the load, modification of the hauling equipment, or return of the movement to the state of origin or its point of origin in Louisiana.

NOTE: Vehicles with harvest season or natural forest product permits may be required to proceed to the nearest suitable place to off-load to the permitted gross vehicle weight at the owner's expense.

4. Over Permitted Gross and Axle Weights

a. If a vehicle, vehicle combination, or vehicle/load combination exceeds both the gross vehicle weight and the axle weight allowed by a valid permit, one penalty shall be figured using the pounds in excess of the permit's maximum allowable gross vehicle weight.

NOTE: Vehicles with harvest season or natural forest product permits may be required to proceed to the nearest suitable place to off-load to the permitted weights at the owner's expense.

H. International Trade Container Permits

1. Containerized Cargo Permit. If a vehicle combination exceeds the permitted maximum allowable weight on tandem axles the minimum penalty will be $100 for violation of terms of the permit. If the vehicle combination also exceeds its maximum gross weight, the penalty will be figured from the appropriate chart and the greater of the two penalties will be assessed plus $10 penalty for the lesser violation.

2. Liquid Bulk Container Permit. If a vehicle combination exceeds the permitted maximum allowable weight on tandem axles the minimum penalty will be $100 for violation of terms of the permit. If the vehicle combination also exceeds its maximum gross weight, the penalty will be figured from the appropriate chart and the greater of the two penalties will be assessed plus $10 penalty for the lesser violation.

I. Permit Restrictions

1. If a vehicle is operating without an escort, warning flags, warning signs, or warning lights when they are required by its permit; is traveling at night, during inclement weather, or on a designated holiday when prohibited by its permit; is exceeding the permitted speed limit; or is violating any other permit restrictions, the penalty will be $100 and the driver must comply with all permit restrictions.

2. If it is verified that a vehicle has a valid permit, but fails to have the permit in the vehicle for which it was issued, the penalty will be $25.

La. Admin. Code tit. 73, § I-1103

Promulgated by the Department of Transportation and Development, Office of Highways, LR 5:26 (February 1979), amended by the Office of Weights, Measures and StandaLR rds, 22:120 (February 1996), LR 24:1517 (August 1998), Amended LR 481738

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:2 and 32:386.