MOTOR VEHICLES. Provides relative to the operation of all-terrain and other off-road vehicles

SLS 08RS-1106 ORIGINAL Regular Session, 2008 SENATE BILL NO. 757 BY SENATOR B. GAUTREAUX MOTOR VEHICLES. Provides relative to the operation of all-...
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SLS 08RS-1106

ORIGINAL

Regular Session, 2008 SENATE BILL NO. 757 BY SENATOR B. GAUTREAUX

MOTOR VEHICLES. Provides relative to the operation of all-terrain and other off-road vehicles

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AN ACT

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To amend and reenact R.S. 32:299 and to enact R.S. 32:299.1, relative to the operation of

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off-road vehicles; to provide relative to the operation of such vehicles on public

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roads; to provide relative to the operation of such vehicles by minors including

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requirements for protective equipment and training; to provide for reports on

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accidents; to provide penalties for violations; and to provide for related matters.

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Be it enacted by the Legislature of Louisiana: Section 1. R.S. 32:299 is hereby amended and reenacted and R.S. 32:299.1 is hereby enacted to read as follows: §299. Off-road vehicles authorization for use on the shoulders of certain public roads and highways

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A.(1)(a) Off-road vehicles, including but not limited to three-wheelers, four-

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wheelers, or other all-terrain vehicles as defined in R.S. 32:299.1(D)(1) which are

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not specifically designated for road use, may shall not travel on the shoulders of all

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public roads and highways, including the shoulders thereof, except interstate

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highways in the manner provided for in this Section solely unless the off-road

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vehicle is an off-road vehicle engaged in the business of actual farming as

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provided for in Subparagraph (b) of this Paragraph and is being used for the

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purposes of farm-related activities within a five-mile radius of a farmer's farm,

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provided that the operator possesses a valid Class "E" driver's license.

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(b) The owner or operator of the off-road vehicle shall carry a copy of the

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motor vehicle registration, upon his person or on the off-road vehicle, to prove he

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owns at least one motor vehicle which is registered as a vehicle engaged in the

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business of actual farming under the provisions of R.S. 47:462. As an alternative to

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the ownership of the motor vehicle, the operator of the off-road vehicle may carry

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a sworn affidavit attesting that he is engaged in the business of actual farming under

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the provisions of R.S. 47:462.

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(c)(i) Any agricultural consultant as defined in R.S. 3:3202 may also operate

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off-road vehicles for the purposes of farm-related activities within a five-mile radius

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of a farmer's farm.

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(ii) Any employee of the Louisiana Department of Agriculture and

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Forestry may operate off-road vehicles on public roads and highways when

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necessary for the performance of that employee's public duties with the

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department.

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(2) Off-road vehicles may travel on the shoulders of all public roads or

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highways, except interstate highways, for farm-related purposes as authorized in

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Paragraph (1) of this Subsection only during each day, starting thirty minutes after

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sunrise and ending thirty minutes before sunset.

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(3) Incidental crossing of public roads or highways shall be authorized.

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However, any incidental crossing by an operator under the age of sixteen shall

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be under the direct supervision of an adult.

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B. The provisions of this Section do not relieve drivers or operators of the

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responsibility to comply with all the other applicable provisions of R.S. 32:298 and

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301. However, the provisions of R.S. 32:190 shall not apply to this Section

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operators of off-road vehicles who are sixteen years of age or older.

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C. Operators of off-road vehicles shall provide, upon demand, proof that the

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off-road vehicle is covered by valid liability insurance and other proof required in

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this Section.

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D. The provisions of this Section shall not apply to roads and highways in

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Orleans Parish.

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§299.1. Operation and riding of off-road vehicles by minors

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A. No child under the age of six shall operate any off-road vehicle. A

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child who is six years of age or older but younger than sixteen may operate only

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an off-road vehicle that is determined to be appropriate for the child's age by

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the American National Standards Institute.

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B. No child under the age of sixteen shall:

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(1) Operate or ride upon any off-road vehicle unless he is wearing on his

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head a safety helmet that complies with 49 CFR 571.218 and protective eyewear

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that complies with LAC 55:1119 et seq.

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(2) Operate any off-road vehicle unless he is under the direct supervision of a person who is eighteen years of age or older.

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(3) Operate any all-road vehicle unless he has completed an all-terrain

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vehicle safety course that has been approved by the Department of Wildlife and

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Fisheries and that includes actual all-terrain vehicle operation experience.

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C. No operator shall carry a passenger under the age of sixteen on any off-road vehicle unless the vehicle is designed to carry passengers.

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D. For the purposes of this Section:

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(1) "Off-road vehicle" means a motorized off-highway vehicle designed

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to travel on three or four low-pressure tires, having a seat designed to be

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straddled by the operator and handlebars for steering control.

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(2) "Direct supervision" means that the person being supervised is in direct line of sight of the supervising adult at all times while riding.

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E. The Louisiana State Child Death Review Panel shall report to the

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Consumer Product Safety Commission by April first of each year all deaths

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related to all-terrain vehicles that the panel has reviewed for the prior calendar

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year.

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F. The provisions of this Section pertaining to the operation of off-road

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vehicles shall not apply in an emergency situation. The court shall waive all

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fines for a violation of this Section if it determines that the violation was

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attributable to an emergency situation.

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G. Any person who violates the provisions of this Section, except

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Subsection E, or if the offender is a minor, any parent, guardian, or person with

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legal responsibility for such minor, shall, upon conviction, be subject to the

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following fines:

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(1) For a first offense, a fine of not more than fifty dollars.

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(2) For a second offense, a fine of not more than one hundred dollars.

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(3) For a third or subsequent offense, a fine of not more than five

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hundred dollars.

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Section 2. No law enforcement agency shall issue a citation for a violation of R.S.

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32:299.1(B)(3) as enacted by this Act prior to January 1, 2009.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cathy Wells. DIGEST Present law authorizes off-road vehicles to travel on the should of public roads (and those driven by agricultural consultants) only for farm related work within five miles of a farm at certain times. Defines "off-road vehicle" (all terrain vehicle or ATV) as a motorized offhighway vehicle designed to travel on three or four low-pressure tires having a seat designed to be straddled by the operator and handlebars for steering control. Proposed law specifically prohibits riding other off-road vehicles on a public road or on shoulders except as authorized by present law. Present law authorizes incidental crossing of public roads. Proposed law authorizes employees of the Dept. of Agricultural and Forestry to operate off-road vehicles on public roads when performing their duties. Present law provides that motorcycle helmets are not required for off-road vehicle riding. Proposed law requires such helmets for those under the age 16. Proposed law prohibits any child under the age of six from operating an ATV. Requires age appropriate vehicles for riders under age 16 as determined by the American National Standards Institute. Current ANSI standards provide that children from ages six to 11 should ride a vehicle with an engine size below 70cc and children from ages 12-15 should ride a vehicle with an engine size between 70cc and 90cc. Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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Proposed law requires a child under the age of 16 riding on an ATV to wear a helmet and protective eyewear. Prohibits a child under age 16 from operating an ATV or incidentally crossing a public road unless he is under the "direct supervision" of an adult and he has completed an ATV safety course approved by the Dept. of Wildlife and Fisheries. Provides that no citations shall be issued prior to Jan.1, 2009, for not completing the safety course. "Direct supervision" is defined as the minor being in the direct line of sight of the supervising adult at all times while riding. Proposed law prohibits carrying a passenger under age 16 except on ATVs designed for passengers. Proposed law provides that proposed law restricting riding on ATVs does not apply in emergency situations. Requires the Louisiana State Child Death Review Panel to report annually to the Consumer Product Safety Commission on ATV-related deaths. Proposed law provides penalties for violations of present law as follows: up to $50 for a first offense; up to $100 for a second offense; and up to $500 for subsequent offenses. Provides that if the offender is a minor, his parent or other adult responsible for him is subject to the fine. (Amends R.S. 32:299; adds R.S. 32:299.1)

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