La. Admin. Code tit. 73, § 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.
Notes
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