2012 Louisiana Laws
Revised Statutes
TITLE 45 — Public utilities and carriers
RS 45:171 — Violations; definitions; penalty; report

§171. Violations; definitions; penalty; report

A. No person shall violate or knowingly assist in the violation of any of the provisions of this Chapter or any of the rules, regulations, orders, or decrees of the commission promulgated under the terms of this Chapter, or operate as a common or contract carrier without having obtained a certificate or permit from the commission.

B.(1) The term "person" means but is not limited to any carrier, shipper, consignee, consignor, agent, servant, broker, employee, or other natural or legal entity violating any of the provisions of this Chapter.

(2) For purposes of the penalties provided herein, the term "shipper" means the owner of the goods or commodities transported who knowingly assists in a violation by any other person as defined in this Subsection.

C. Whoever violates this Chapter shall be fined by the commission at open hearing not less than one hundred dollars nor more than ten thousand dollars for each violation. The commission in its discretion may assess and impose as costs any actual expenses incurred in the investigation and disposition of an act found to be a violation. This assessment shall be limited to no more than the amount of any monetary fine levied by the commission. Such expenses may include transportation, lodging, or other costs necessary to conduct a hearing on the act or acts in question. As an additional sanction, the commission in its discretion may order the recovery and forfeiture to the state treasurer of all revenue derived by any person, as defined in this Section, from any violation of the provisions of this Chapter.

D. The commission shall report any revenues or compensation derived by a person, as defined in this Section, from any violation of the provisions of this Chapter to the Louisiana Department of Revenue.

Acts 1990, No. 165, §1; Acts 1997, No. 658, §2.