Traffic Safety Laws

Louisiana State Laws

Model Legislation

 

Cell Phones – New drivers (R.S. 32:300.5) prohibits texting for those with “learners” or “intermediate” license, fine max $175, moving violation; it is a primary offense

Texting while driving (R.S. 32:300.5) no person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication; it is a primary offense

Graduated Licensing (R.S. 32:407) (R.S.17:270 specifies 30 in class hours and 6 on road hours) - Minors must participate in Drivers Ed. Class; may possess a learners license at age 15-17; must complete a on-road test, age 16 may receive a Class E intermediate restricted 11p-5a; after one year of Class E full license, if there have been no violations; 17 years of age the individual obtaining a license for the first time is not required to meet these standards.

Zero Tolerance for under 21 (R.S. 14:98.1) - .02 BAC** for persons under 21 years of age.

Alcohol under 21 (R.S. 14:93.10) (R.S. 14:93.11) (R.S. 14:93.12) - It is illegal for persons under the age of 21 to buy, consume, or have an alcoholic beverage in their possession.

Provider (R.S. 14:93.13) - It is illegal for any person, other than a parent, spouse, or legal guardian, to purchase alcohol beverages on behalf of a person under 21 years of age.

Contributing (R.S. 14:92) - Intentional, enticing, aiding, soliciting, or permitting, by anyone over the age of 17, of any child under the age of 17, with no exception for emancipation, marriage, or otherwise, to visit any place where alcohol is the principle commodity sold or given away.

Child Endangerment (R.S. 14:98.J) - If a child 12 years or younger is a passenger in a vehicle where the driver is charged with DWI the minimum mandatory sentence for 1st -3rd DWI conviction shall not be suspended and for 4th DWI conviction at least two years of the sentence shall be imposed without benefit of suspension.

Improper Supervision (R.S. 14:92.2) - A parent or legal custodian of a minor, through criminal negligence, the permitting of a minor to violate a local or municipal curfew ordinance or enter the premises known by the parent or custodian as a place of underage drinking.

Open Container (R.S. 32:300) - It is illegal for any occupant of a vehicle to possess an alcoholic beverage that is open to consumption.

BAC .08 (R.S. 14:98) - DWI for all drivers over the age of 21 is .08 BAC; under 21 the BAC limit is .02

Driver’s License Seizure  (R.S. 32:414) - A DWI conviction will result in a 365 day suspended driver’s license.

Refusal of chemical test and consequences (R.S. 32:666) - A driver involved in a fatality does not have the right to refuse a chemical test to determine alcohol impairment.  As a result of any other violation that prohibits operating a vehicle while intoxicated the suspect may refuse after being told the consequences.  Result of consequences:  Driver’s license will be seized, issuance of license or permit denied for 6 months, refusal is admissible in a criminal action and a civil action to suspend, revoke, or cancel his driving privileges.

Ignition Interlock (R.S. 32:378.2) - Requires installation of ignition interlock devices to be eligible for a hardship drivers license upon arrest of a first offense DWI or for one year ignition interlock upon first offense DWI conviction. Duration extends for multiple convictions.

Primary seatbelt (R.S. 32:295.1) - Vehicle 10,000 lbs. or less, all occupants must have seat belt when vehicle is in motion.

Child Occupant Seatbelt (R.S. 32:295) - Children under the age of 6 years or less than 60 lbs. must be in a child restraint system or booster seat that is age and size appropriate, in accordance with manufacturers recommendations. Children 6 to 12 years of age must be restrained by a lap belt, shoulder harness, or an age / size appropriate child safety or booster seat.

Child Restraint Affidavit (RS 32:414T) The department shall send written notification to the driver to inform them of 30 day allowance for the driver to show an affidavtit for proof that an appropriate child safety seat has been obtained. Following the 30 day period, if not affidavit has been provided, the Department shall suspend the license of any person upon notification of the first or second conviction, until such time as he provides the department with a notarized affidavit stating he has acquired an approved age- or size-appropriate child restraint system where applicable and has complied with all other requirements of reinstatement as provided by law and department regulation. 

Motorcycle Helmet (R.S. 32:190) - All motorcycle operators and passengers must wear a motorcycle helmet.

Driving with headsets on (R.S. 32:295.2) - Prohibits the wearing of headphones by any operator of a motor vehicle. "Headphones" are defined as a headset, headphone, or listening device other than a hearing aid , which covers or is inserted in both ears. Law enforcement and certain motorcycle helmets are exempted from enforcement. The penalty is a $25 fine plus court costs.

Pickup Trucks (R.S. 32:284) - Under 12 years of age may not ride in an open truck bed or trailer.

Incompetence (R.S. 32:424) - The Department of Public Safety and Corrections may, with good cause, request any driver to submit to an examination to insure his competency to possess a Louisiana driver’s license. Refusal to submit is grounds for suspension of license.

Headlights (R.S. 32:301) (R.S. 32:322) - Every vehicle upon a highway within this state shall display lighted lamps and illuminating devices  (1) At any time between sunset and sunrise.   (2) When, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernable at a distance of five hundred feet ahead.   (3) When moisture in the air or precipitation necessitates the continuous use of windshield wipers.

Move Over (R.S. 32:125) - Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.