La. Admin. Code tit. 55, § III-329 - Removal of License Plate When Owner/Operator Is Suspended

A. At the time of a law enforcement stop, if the operator of the vehicle is found to have a suspended license and it is further determined that operator is the sole owner of the vehicle the following will occur.

1. Notice of suspension ticket will be issued to the operator of the vehicle.

2. A sticker will be placed on the back of the rear windshield of the vehicle being operated.

3. The law enforcement office will remove the plate from the vehicle.

4. The officer will turn the ticket and the plate into the local Office of Motor Vehicles office within three business days.

B. Upon receipt of the notice of suspension, the Office of Motor Vehicles will confirm the operator is the sole owner of the vehicle and their operating privileges were suspended at the time of the violation.

C. The owner/operator of the vehicle has 10 business days upon receiving the violation to clear their driving record of all fines and suspensions with the proper compliance to have their plate returned to them.

D. If the owner does not clear all fines and suspensions within the 10 business days of the issuance of the violation, the Office of Motor Vehicles will destroy the plate. Operators complying with the law after ten business days will be required to purchase a replacement plate and pay any applicable registration fees.

E. After the expiration of the 10 day period, the vehicle shall not be operated on the public streets and highways until the motor vehicle is registered in accordance with this law. In the event the motor vehicle is being driven after the expiration of the temporary sticker, the motor vehicle shall be impounded.

F.

1. A hardship license plate will be issued for the vehicle being operated at the time of the violation if the applicant submits an application for hardship plate and provides sufficient documentation and information substantiating the claim that the removal of the vehicle's license plate and the suspension or revocation of his driving privileges will deprive him or his family of the necessities of life, or will prevent him or his family from earning a livelihood.

2. If the department finds that the removal of the vehicle's license plate and the suspension or revocation of his driving privileges will deprive him or his family of the necessities of life, or will prevent him or his family from earning a livelihood, the department may issue a hardship license plate to be placed on the motor vehicle.

3. A hardship license plate shall be a valid plate type on all motor vehicles with the exception of those operating under one of the following plate types at the time of the violation. The following plate types at the time of the violation shall be eligible for reissue of the same plate type. The vehicle record will be flagged as having been issued a notice of suspension and use of the vehicle is being permitted as a result of a departmentally approved hardship:

a. mobility impaired plate;

b. hearing impaired plate;

c. disabled veteran plate;

d. forest plate;

e. gravel plate;

f. city use plate;

g. farm plate.

4. A hardship license plate is not a drivers license, and is not an authorization to drive for a person whose driving privileges are suspended or otherwise denied. Any person operating a motor vehicle with a hardship plate shall possess a valid drivers license at all times, and such person shall comply with all laws regulating drivers licenses and driving privileges.

Notes

La. Admin. Code tit. 55, § III-329

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 40:2607 (12/1/2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:415.2 (D)(1).