2009 Louisiana Laws TITLE 32 Motor vehicles and traffic regulation :: RS 32:2 Authority of department of transportation and development

§2.  Authority of Department of Transportation and Development

A.(1)  The department, as an exercise of the police power of this state, shall supervise and regulate all traffic on all highways within the state highway system and shall have the authority in its discretion to supervise and regulate all traffic on all highways within this state; promulgate rules and regulations not inconsistent with this Chapter and the general laws relative to highways and their construction, maintenance, and use, and the operation of vehicles and pedestrians thereon; and investigate the highways by utilizing surveys, traffic counts, etc., and effect methods and practices thereto, as in its judgment and experience it deems advisable.

(2)  Any regulation promulgated by the department pursuant to the authority granted by this Section or by any other provision of law shall become effective when filed with the clerks of court in the parishes in which such regulation is to be effective or upon the erection of signs on the affected highways giving notice thereof.  All rules and regulations promulgated by the department relative to weight enforcement, payment and collection procedures, shall be adopted in accordance with the provisions of the Louisiana Administrative Procedure Act and Act No. 279 of the 1976 Regular Session of the Louisiana Legislature.  Such rules and regulations shall be referenced to the sections and/or subsections which they interpret or apply.

B.  The department shall enforce only the provisions of R.S. 32:380 through R.S. 32:389, both inclusive, and R.S. 47:718 and the provisions of Chapter 4 relating to trucks, trailers and semi-trailers and Part V of Chapter 7 of Subtitle II of Title 47 of the Revised Statutes and the department's regulations adopted pursuant thereto on all highways within this state and shall exercise such other power and authority as is specifically set forth in this Chapter or other laws of this state.

C.(1)  The Weights and Standards Stationary Scales Inspection Police Force is hereby created within the department.  It may enforce only the provisions of R.S. 32:380 through R.S. 32:389; R.S. 47:718 and the provisions of Chapter 4 of Subtitle II of Title 47 relating to trucks, trailers and semitrailers; Part V of Chapter 7 of Subtitle II of Title 47; the provisions of R.S. 32:289; and the access laws and regulations relative to controlled access highways.

(2)  Members of the Weights and Standards Stationary Scales Inspection Police Force are authorized to carry weapons and to make arrests in the enforcement of these laws and regulations, and in that regard, shall have the same authority and powers conferred by law upon other law enforcement officers of this state; however, no member of the Weights and Standards Stationary Scales Inspection Police Force shall be authorized to carry a weapon until the member has received P.O.S.T. certification training.

D.  The Department of Transportation and Development shall have sole authority over the issuance of special permits as set forth in R.S. 32:387.

E.  The secretary of the Department of Transportation and Development, through the office of the weights and standards police force, shall provide the personnel and equipment required to fully implement the provisions of R.S. 32:390.23 as it relates to the assessment and collection of fees and taxes of this department.

Amended by Acts 1968, No. 340, §1; Acts 1977, No. 113, §1, eff. June 22, 1977; Acts 1978, No. 35, §1, eff. May 31, 1978; Acts 1982, No. 459, §1, eff. July 21, 1982.; Acts 1997, No. 273, §1; Acts 1997, No. 1186, §1.