La. Admin. Code tit. 73 § I-313

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

Section I-313 - Permit Violations

A. General Procedures

1. If a vehicle or load requires a permit and is operating without a valid permit or violating conditions of a permit, the officer shall issue a violation ticket for the violation which gives the greatest fine.

2. Drivers shall be given the opportunity to shift loads to reduce or eliminate permit fines as long as no part of the load is removed from the vehicle.

3. The axle variance on noninterstate highways shall be allowed for vehicles with oversize permits. Vehicles with overweight permits which have exceeded their permitted axle weight shall not be allowed any additional axle variance. However, vehicles with harvest season permits shall be allowed a 500-pound variance on each single axle or axle group (tandem, tridum, or quadrum) if the gross vehicle weight is under the weight shown on the permit.

B. Handling Permit Violations

1. No Permit, Oversize. If an indivisible vehicle or indivisible load exceeds the legal limitations or department regulations for width, height, length, or projecting loads and is operating without a valid permit when one is required the officer shall issue a violation ticket and assess a fine of $100.

2. No Permit, Overweight. If an indivisible vehicle or indivisible load exceeds the legal limitations or department regulations for axle weight or gross vehicle weight and is operating without a valid permit when one is required, the officer shall assess a fine from the overweight penalty schedule. The fine must be based on either the number of pounds over legal gross weight or on the number of pounds over legal axle weight or on the number of pounds over legal axle weight on all overweight axles, whichever results in the greater fine.

3. With Permit, Oversize. If an indivisible vehicle or indivisible load exceeds the width, height, length, front end overhang, or rear end overhang allowed by a valid permit the officer shall issue a violation ticket and assess a fine of $100.

4. With Permit, Over Axle Weight Only

a. If an indivisible vehicle or indivisible load exceeds the axle weight, but not the gross vehicle weight, allowed by a valid permit; then no ticket shall be issued (except for harvest season permits, waste disposal truck permits, and steering axle permits). The officer shall contact the truck permit office.

b. If a vehicle or combination of vehicles has a harvest season permit, waste disposal truck permit, or steering axle permit and exceeds the axle weight, but not the gross vehicle weight, allowed by a valid permit then the officer shall issue a violation ticket and assess a fine from the overweight penalty schedule. The fine shall be based on all pounds in excess of the permit's axle weight.

i. The officer shall require that vehicles with harvest season permits or waste disposal truck permits proceed to the nearest suitable place to off-load to the permitted axle weights at the owner's expense.

5. With Permit, Over Gross and Axle Weights

a. If an indivisible vehicle or indivisible load exceeds both the axle weight and the gross vehicle weight allowed by a valid permit (except for harvest season permits, waste disposal truck permits, and steering axle permits), the officer shall issue a violation ticket and assess a fine on all pounds in excess of the permit's gross weight from the chart for assessing penalty for violation of weight limitations stated on an overweight permit. The permit fee charged shall be only for the difference between the fee already paid and the correct permit fee.

i. If the truck permit office requires that the vehicle or load be returned to an adjoining state or point of origin in Louisiana, the officer shall then release the vehicle or load from impoundment.

b. If a vehicle or combination of vehicles has a harvest season permit, waste disposal truck permit, or steering axle permit and exceeds both the axle weight and the gross vehicle weight allowed by a valid permit, the officer shall issue a violation ticket on the greater of a fine from the chart for assessing penalty for violation of weight limitations stated on an overweight permit on all pounds in excess of the permit's gross vehicle weight or a fine from the overweight penalty schedule on all pounds in excess of the permit's axle weights.

i. The officer shall require that vehicles with harvest season permits or waste disposal truck permits proceed to the nearest suitable place to off-load to the permitted weights at the owner's expense.

C. Writing Permit Tickets

1. In issuing tickets, an officer shall cite the specific violation on the ticket.

2. For vehicles which have no permit or which have an invalid permit, the officer shall cite:

a.R.S. 32:380, overwidth;

b.R.S. 32:381, overheight;

c.R.S. 32:382, overlength, overfront overhand, over rear overhang;

d.R.S. 32:386, overweight.

3. For vehicles which do have a valid permit, the officer shall cite:

a.R.S. 32:387, over permitted size, over permitted overhang;

b.R.S. 32:387, over permitted weight;

c.R.S. 32:387, no escort, no warning flags, no warning signs, no warning lights, traveling on interstate, traveling on a holiday, traveling in severe weather, traveling in moderate weather, traveling at night, exceeding permitted speed, etc.;

d.R.S. 32:387, permit not in vehicle.

4. The officer shall note "no permit," "invalid permit," "expired permit," etc., in the "Remarks" section of the violation ticket. The permit number of any invalid or expired permit and the correct permit's number shall also be noted on the ticket.

5. Invalid or improper permits shall be confiscated and mailed daily to the enforcement and truck permit administrator by the supervisor. These permits must have "void" written across them and the reason for voiding. If a new permit was obtained, the new permit number and the violation ticket number shall be noted on the voided permit. The voided permit number and the violation ticket number shall be noted on the new permit.

6. Permit Not in Vehicle. If a vehicle or load has a valid permit, but fails to have the permit in the vehicle for which it was issued, the officer shall issue a violation ticket and assess a fine of $25 after verification of the existence of the permit with the truck permit office. The vehicle shall be allowed to proceed after ticketing.

a. If a permit's existence has been verified by the truck permit office and the permit is located within a reasonable distance of the enforcement unit, the driver shall be allowed to get the permit. No ticket shall be issued.

b. If the driver insists that a permit was issued, but no permit can be located by the truck permit office within a short time; then the driver shall be given the option of paying the fine for not having a permit (as in §313.C.1 or 2) or of waiting for the permit to be located. If the driver opts to pay the fine, then the driver shall be assured that all but $25 of that fine will be returned if the permit is later located.

7. Permit Restriction Violations

a. When restrictions have been written on a permit or when the truck permit office confirms (on A-Forms and C-Forms) that their master copy shows permit restrictions, then the officer shall issue a violation ticket and assess a fine of $100. This procedure applies to vehicles operating without an escort; traveling on interstate highways, at night, during inclement weather, or on designated holidays; or violating any other permit restrictions except operating without red flags, warning signs, or warning lights.

b. When the above restrictions are not written on a permit and were overlooked or omitted by the truck permit office, no violation ticket shall be issued. The vehicle shall, however, be delayed until any restrictions required by the truck permit office have been met.

c. If a vehicle is operating without red flags, warning signs, or warning lights when required by its permit, no violation ticket shall be issued. The driver shall be warned and the vehicle shall be allowed to proceed. If a vehicle has been repeatedly in violation, the Weight Enforcement Office shall be contacted.

La. Admin. Code tit. 73, § I-313

Promulgated by the Department of Transportation and Development, Office of Highways, LR 5:41 (February 1979), amended by the Office of Weights Measures and Standards, LR 20:463 (April 1994), Amended LR 481736

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:2 et seq.