2021 Louisiana Laws
Revised Statutes
Title 32 - Motor Vehicles and Traffic Regulation
§2. Authority of Department of Transportation and Development

RS 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) All rules and regulations promulgated by the department shall be adopted in accordance with the provisions of the Administrative Procedure Act.

(3) All orders issued by the department relative to the determination of a maximum or minimum speed limit on a highway or weight limit on a bridge shall be published on the official website of the department. Any such order issued by the department shall become effective upon the erection of signs on the affected highway or bridge.

NOTE: Subsections (B), (C), and (D) eff. until July 1, 2022. See Acts 2021, No. 384.

B, C. Repealed by Acts 2010, No. 320, §2, July 1, 2010.

D. The department shall have sole authority over the issuance of special permits as set forth in R.S. 32:387. The commissioner may facilitate the issuance of permits by the department's truck permit office to place a vehicle or load in compliance with law.

NOTE: Subsections (B), (C), and (D) as amended by Acts 2021, No. 384, eff. July 1, 2022.

B. The department shall enforce the provisions of R.S. 32:380 through 388.1 and 390, R.S. 47:718 and the provisions of Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 relating to trucks, trailers, and semi-trailers and Part V of Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 and the department's regulations adopted pursuant thereto on all highways within this state and shall exercise 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 Police Force is hereby created within the department. It may enforce the provisions of R.S. 32:380 through 388.1 and 390, R.S. 47:718 and the provisions of Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 relating to trucks, trailers, and semi-trailers; Part V of Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950; the provisions of R.S. 32:389; and the access laws and regulations relative to controlled access highways.

(2) Members of the Weights and Standards Stationary Scales 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 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.

NOTE: Subsection (E) eff. until July 1, 2022. See Acts 2021, No. 384.

E. The commissioner shall provide the personnel and equipment required to fully implement the provisions of the Louisiana Truck Center, Part VI-B of Chapter 1 of Title 32 of the Louisiana Revised Statutes, as it relates to the assessment and collection of fees and taxes of this department. Any money made available and received from the Federal Highway Administration, or from any other entity for the purpose of maintaining, improving, or upgrading the stationary or mobile scales shall be used solely for such purpose. The commissioner shall be responsible for maintenance of the buildings and grounds and the stationary scales at stationary scale locations. The department shall be responsible for the maintenance of the roadways and parking lots at the stationary scale locations.

NOTE: Subsection (E) as amended by Acts 2021, No. 384, eff. July 1, 2022.

E. Repealed by Acts 2021, No. 384, §5, July 1, 2022.

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; Acts 2010, No. 320, §§1, 2, eff. July 1, 2010; Acts 2012, No. 496, §1, eff. June 5, 2012; Acts 2021, No. 384, §§1, 5, eff. July 1, 2022.