History Back     ENFORCEMENT PROCEDURES AND PENALTIES Permit Violations Oversize Drivers will be given the opportunity to shift the load to reduce or eliminate oversize or overweight penalties as long as no part of the shipment is removed nor vehicle type is re-configured.. Indivisible vehicles or indivisible loads exceeding the legal limitation without a permit or violating the restrictions of a permit will be impounded until a permit is purchased or all permit requirements have been met. No axle variance will be allowed for vehicles which exceed their permitted axle weight. Penalties may be paid at the time the ticket is issued or within 30 days unless protested. If the ticket is protested, the protest must be made within 30 days of the issuance of the ticket. · 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 five thousand dollars ($5,000.00). 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. · Exception: If the penalty has not been paid within the 30 day period, the driver’s license information 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 $500.00, imprisoned for 90 days or both. 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. (See page 64, number 4) If upon expiration of a ninety 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 of driver to collect any penalty assessed but unpaid. 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: $100.00, plus the cost of an oversize permit, if a permit was not previously purchased. In addition, any restrictions imposed by DOTD must be met. OVERWEIGHT If a vehicle, vehicle combination or vehicle/indivisible load combination exceeds the legal limitations or DOTD regulations for axle weight or gross weight and is operating without a permit, an overweight permit must be purchased and any restrictions imposed by DOTD must be met. OVER PERMITTED AXLE WEIGHT ONLY 1. 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 or NATURAL FOREST PRODUCT PERMITS, WASTE VEHICLE 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. 2. If a vehicle or combination of vehicles has a HARVEST SEASON 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 Overweight Penalty Schedule. When two (2) 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 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. 3. If a vehicle has a WASTE VEHICLE 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 Overweight Penalty Schedule. The penalty will be based on all pounds in excess of the permit’s axle weights. + Note: Vehicles with WASTE VEHICLE PERMIT 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. OVER PERMITTED GROSS WEIGHT ONLY 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 Overweight Penalty 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. OVER PERMITTED GROSS AND VEHICLE WEIGHT 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 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. INTERNATIONAL TRADE CONTAINER PERMITS CONTAINERIZED CARGO PERMIT If a vehicle combination exceeds the permitted maximum allowable weight on tandem axles the minimum penalty will be $100.00 for violation of terms of the permit. If the vehicles combination also exceeds its maximum gross weight, the penalty will be figured from the appropriate chart and the greater of the two (2) penalties will be assessed plus a $10.00 penalty for the lesser violation. LIQUID BULK CONTAINER PERMIT If a vehicle combination exceeds the permitted maximum gross weight or the allowable weight on tandem axles the minimum penalty will be $100.00 for violation of terms of the permit. If the vehicles combination also exceeds its maximum gross weight and axle limits, the penalty will be figured from the appropriate chart and the greater of the two (2) penalties will be assessed plus a $10.00 penalty for the lesser violation. PERMIT RESTRICTIONS 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 restriction, the penalty will be: $100.00 and the driver must comply will all permit restrictions If it is verified that a vehicle has a valid permit, but fails to have a legible and complete copy of the permit in the vehicle for which it was issued, the penalty will be: $25.00 VEHICLE REGISTRATION AND LICENSING VIOLATIONS IMPROPER LICENSE OR REGISTRATION (See ADDENDUM A-8, 9, 10 and 11) If a vehicle domiciled in Louisiana is operating with an improper Louisiana license or registration (full or apportioned), the penalty will be: 25% of the annual cost of the proper license. The driver will be required to purchase the proper Louisiana license from the Vehicle Registration Bureau (of the Office of Motor Vehicles, Department of Public Safety). The cost of the Louisiana license on the vehicle will be credited toward the cost of the proper license. Vehicles domiciled in Louisiana which have improper Louisiana license plates (full or apportioned) or an unlawful Louisiana registration will be impounded until the proper licenses are purchased or the vehicles are properly registered. · Exception: The driver may deposit improper Louisiana license plates with the enforcement officer instead of having the vehicle impounded and having to purchase the proper license and registration immediately. A receipt will be provided which will notify the owner or driver to appear within five (5) days to purchase the proper license or properly register the vehicle or combination of vehicles and to pay any penalty which is due. The receipt will also serve as a temporary license plate for five (5) days. An OMV form 1757 must be presented to the Weights and Standards Office to clear the status of such a violation ticket. If a vehicle domiciled outside Louisiana exceeds its licensed gross weight, the penalty will be: $100.00 EXPIRED OR NO LICENSE OR REGISTRATION If a vehicle domiciled in Louisiana is operating with an expired Louisiana license or registration or no Louisiana license or registration, the penalty will be: 25% of the annual cost of the proper license. The driver will be required to purchase the proper Louisiana license from the Vehicle Registration Bureau (of the Office of Motor Vehicles, Department of Public Safety). Vehicles domiciled in Louisiana which have an expired Louisiana license or no Louisiana license and registration will be impounded until the proper licenses are purchased or the vehicles are properly registered. · Exception: Any driver who has a valid Louisiana driver’s license a may deposit the license with the enforcement officer instead of having the vehicle impounded and having to purchase the proper license and registration immediately. A receipt will be provided which will notify the owner or driver to appear within five (5) days to purchase a license or registration for the vehicle and to pay any penalty which is due. This receipt will also serve as a temporary Louisiana Driver’s license for 30 days. If the proper license plates and registration have not been purchased within the five (5) day period, the driver’s license will be forwarded to the Department of Public Safety by the DOTD Weights and Standards (Police Force), and the driver’s license will be suspended. An OMV for 1757 must be presented to the Weights and Standards Office to clear the status of such a violation ticket. NO TEMPORARY 48-HOUR TRIP PERMIT If a vehicle is operating without a TEMPORARY 48-HOUR TRIP PERMIT when one is required, the penalty will be: $200.00 and the driver will also be required to purchase a $25.00 TEMPORARY 48-HOUR TRIP PERMIT. Vehicles which are operating without a TEMPORARY 48–HOUR TRIP PERMIT when one is required will be impounded until the penalty is assessed and a permit has been purchased. FUEL TAX VIOLATIONS Vehicles operating with fuels on which fuel tax is due will be impounded until the tax and any penalty has been assessed. · Exception: Vehicles driven by Interstate users of special fuels who are bonded with the Department of Revenue. · IFTA VEHICLES USING GASOLINE If the driver of a vehicle which operates on gasoline has a valid fuel invoice, but additional tax is due, no penalty will be assessed. However, the additional tax must be paid. If the driver of a vehicle which operates on gasoline has no fuel invoice or has improper fuel invoice, the penalty will be: $50.00 plus the amount of fuel tax assessed. VEHICLES USING SPECIAL FUELS If the driver of a vehicle which operates on special fuels has a valid special fuels invoice, but additional tax is due, no penalty will be assessed. However, the additional tax must be paid. If the driver of a vehicle which operates on special fuels has no special fuels invoice or has an improper special fuels invoice, the penalty will be: $50.00 plus the amount of fuel tax assessed (Interstate user) $50.00 (Intrastate user) If a vehicle which operates on special fuels does not have either a working odometer, speedometer, or hub meter, the penalty will be: $50.00 If a vehicle which operates on special fuels does not have the true owner’s name and address or adequate identification on both cab doors, the penalty will be: $50.00 Vehicles operating with special fuels which have nonworking odometers, speedometers or hub meters or which do not have the true owner’s name and address on both cab doors will be impounded until the penalty is assessed. VEHICLES TRANSPORTING BULK GASOLINE Vehicles transporting bulk gasoline in or out of Louisiana from or into any state which has a lower tax rate than Louisiana must have an approved route card issued by the Department of Revenue. The driver is required to have the card in his possession at all times. The driver must also carry, at all times, one of the following: a bill of lading, a manifest, or a dated invoice indicating: 1. Both seller’s and purchaser’s name and address 2. Origin of gasoline being transported 3. Destination or destinations of gasoline being transported 4. Quantities of each type of gasoline being transported · Exception: Vehicles belonging to common and contract carriers who are licensed by the Interstate Commerce Commission who are required to file monthly reports under Louisiana law. · Exception: Vehicles belonging to farmers who are registered for refunds who move gasoline within the state, in quantities of five hundred (500) gallons or less, from one location to another within the scope of their farming activities. · Exception: Vehicles transporting gasoline not for resale and the quantity being transported does not exceed one hundred fifty (150) gallons. · Exception: Delivery trucks commonly known as bobtails or tank wagons with a total capacity of 2,500 gallons or less when such deliveries originate in Louisiana and have a Louisiana destination. If any person transporting bulk gasoline is traveling on other than the approved route or not carrying the above information as required, the penalty will be: $300.00 for the first offense $600.00 for the second offense $1,200.00 - $2,000.00 for the third and succeeding offenses The vehicle is to be impounded until the penalty is assessed or a bond of two thousand (2,000) dollars is posted, which bond shall remain in effect until determination of the appropriate penalty is made. If at the end of one hundred twenty (120) days the penalty prescribed above has not been paid, the vehicle and gasoline may be sold under the provisions of Louisiana R.S. 47:782. VEHICLES TRANSPORTING BULK SPECIAL FUELS Vehicles transporting bulk special fuels into Louisiana will be impounded until disposition of the vehicles has been determined b the Department of Revenue. · Exception: Vehicles belonging to dealers or suppliers bonded with the Department of Revenue and Taxation will not be impounded. · Exception: Vehicles belonging to common and contract carriers who are licensed by the Louisiana Public Service Commission will not be impounded. · Exception: Vehicles transporting tax-free special fuels will not be impounded only until the destination and the use of the fuel have been confirmed with the Department of Revenue and Taxation. If a vehicle which is transporting bulk special fuels has a connection between the cargo tank and the carburetor of the motor vehicle or between the cargo tank and the fuel supply tank which feeds the carburetor of the motor vehicle, the penalty will be: $50.00 and load impounded until the penalty is assessed. 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 regulation for twin trailer combinations, trailers and towed vehicles, farm vehicles and equipment or care of vehicle loads, the penalty will be: $100.00 ANY OWNER OR DRIVER WHO DISAGREES WITH A PENALTY OR THE ENFORCEMENT OF THESE LAWS MUST GIVE THE OFFICER NOTICE TO PROTEST THE VIOLATION TICKET. METHOD OF PAYMENT/ PROTEST OF DOTD VIOLATION TICKETS ALL VIOLATORS: 1. Immediate payment may be made with MasterCard, Visa Credit Cards, American Express, Department Approved Money Transfers, Cashier’s Check, Certified Check or Money Order made payable to LA DOTD, or Cash or posted bond. 2. You have thirty (30) days from the date of ticket to pay or protest as set forth in (1) and (3). In the event payment of the fine is not received within 30 days, your LA operator’s license information will be forwarded to the Motor Vehicle Division, Department of Public Safety for suspension, revocation, and cancellation; and the vehicle plate will be removed until the fine is paid. 3. All violators have thirty (30) days to protest any Violation ticket. Upon receipt of your written protest, the ticket will be scheduled for review by the Violation Ticket Review Committee which meets monthly. If additional information is needed, please call (225) 377-7100. For further Inquiry, Payment or Protest write or call: LA DOTD Weights and Standards P. O. Box 94042 Baton Rouge, Louisiana 70804-9042 (225) 377-7100 Note: The violation ticket number must be included on method of payment or protest. According to Louisiana Revised Statute 32:389, paragraph 4 (a), (b), and (c) and paragraph 5: “Any owner or driver resisting the payment of the penalty found due, or the enforcement of any provision of the Part in relation thereto, shall pay the amount of the penalty assessed to the Weights and Standards police officer, state policeman or other person designated in a license receipt and shall give this officer, state policeman or person notice at the time of payment of his intention to file suit for the recovery of such penalty.” “Any owner or driver who pays an assessed penalty under protest in accordance with the provisions of this Section shall have a period of ninety days after the date of payment to institute a civil suit against the Department to recover the penalty so paid.” “The right to sue for recovery of a penalty paid under protest shall afford a legal remedy and right of action in any state district court for a full and complete adjudication of any questions arising in the enforcement of a penalty respecting the legality of any penalty assessed or the method of enforcement thereof. Any such suit may be instituted either in the parish in which the violation occurred, the domicile of vehicle, provided the domicile is within the state of Louisiana or in East Baton Rouge Parish. In any such suit, service of process shall be made on the Department through the Secretary. The Department shall be a necessary and proper party defendant in any such suit.” “No court of this state shall issue any process whatsoever to restrain the collection of any penalty assessed by the Department pursuant to this Part.”