JURISDICTION: LOUISIANA

This chapter summarizes Louisiana State statutes related to speed.

General Reference: West's Louisiana Statutes Annotated: Revised Statutes Note: Citations are to the Revised Statutes unless otherwise stated.

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and potential hazards then existing, having due regard for the traffic on, and the surface and width of, the highway, and the condition of the weather. §32:64(A)

Statutory Speed Limit: 65 MPH on interstate highways §32:61(B)

See Other below. 55 MPH on other highways §§32:61(A) & 32:62(A)(1)

Posted (Maximum) Speed Limit: I. Base on engineering and traffic investigations, the State may increase or decrease the above any maximum speed limits.⁽¹⁾ §32:63(A)

II. Local governments are authorized to establish speed limits or speed zones. However, no speed limit shall be established in excess of the above maximum limits. §§32:41(A)(9), 32:42 & 40:403

Minimum Speed Limit: No person shall operate a motor vehicle at a such a slow speed as to impede the normal and reasonable movement of traffic. §32:64(B)

Posted (Minimum) Speed Limit: Base on engineering and traffic investigations, the State may establish a minimum speed limit on any highway. §32:63(B)

Other: I. No person shall operate a freight carrying vehicle upon an interstate highway >60 MPH. §32:62(A)(2)

II. No person shall tow a mobile home at a speed >45 MPH.⁽²⁾ The State is authorized to increase this limit. §32:62(B)

III. Except for tow trucks, no person shall tow a vehicle at a speed >45 MPH. §32:62(C)

IV. No person shall operate a school bus, which is carrying children, at a speed >55 MPH.⁽³⁾ §32:62(D)

V. A vehicle carrying a precast fiberglass swimming pool shall not be operated at a speed >45 MPH. §32:387.3(A)

VI. A person shall not operate a log loader at a speed >40 MPH. §47:502.1(B)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §14:2(4) & (6), 14:32.1(B) and Code of Criminal Procedure, Article 933

Adjudication of Speed Law Violations:

(continued)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): 1st offense-Not more than 30 days Subsequent offense-Not more than 90 days §§32:57(A) & 47:502.1(B)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): 1st offense-Not more than $175⁽⁴⁾ Subsequent offense-Not more than $500 §§32:57(A) & 47:502.1(B)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender may be required to attend a driver education, training or improvement program.⁽⁵⁾ Code of Criminal Procedure, Article 892.1

Other: A fee of $5 is assessed for the purpose of funding the Traumatic Head and Spinal Cord Injury Trust Fund. §46:2633

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension, Revocation or Cancellation⁽⁶⁾ §32:414(E)(3) & (4)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year §32:414(F)(2)

Mandatory Minimum Term of

Withdrawal: None⁽⁷⁾

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Miscellaneous Sanctions

Not Included Elsewhere: The State, under separate statutory authority, can promulgate regulations regulating speed on Louisiana expressways. A person, who violates these regulations, is subject to imprisonment for not more than 90 days and/or a fine of not more than $200. §48:1272(A)

Other Criminal Actions Related to Speeding:

Drag Racing or Racing on the Highway: Misdemeanor §§14:2(4) & (6), 14:32.1(B), 32:65 and Code of Criminal Procedure, Article 933

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 30 days Subsequent offense-Not more than 90 days §32:57(A)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $175 Subsequent offense-Not more than $500 §32:57(A)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension, Revocation or Cancellation⁶ §32:414(E)(3) & (4)

Length of Term of

Licensing Withdrawal: Not more than 1 year §32:414(F)(2)

Mandatory Action--Minimum

Length of License

Withdrawal: None⁷

Other: An offender may be required to attend a driver education, training or improvement program.⁵ Code of Criminal Procedure, Article 892.1

Reckless Vehicle Operation⁽⁸⁾: Misdemeanor §§14:2(4) & (6), 14:32.1(B), 14:99 and Code of Criminal Procedure, Article 933

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 90 days Subsequent offense-10 days to 6 months §14:99

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-Not more than $200 Subsequent offense-$25 to $500 §14:99

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding:

(continued)

Reckless Vehicle Operation: (continued)

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension, Revocation or Cancellation⁶ §32:414(E)(3) & (4) Revocation for 3 offenses within 12 months §32:414(B)(5)

Length of Term of License

Withdrawal Action: Not more than 1 year §32:414(F)(2)

Mandatory Term of License

Withdrawal Action: None⁷

Other: I. An offender may be required to attend a driver education, training or improvement program.⁵ Code of Criminal Procedure, Article 892.1

II. A fee of $5 is assessed for the purpose of funding the Traumatic Head and Spinal Cord Injury Trust Fund. §46:2633

Careless Vehicle Operation⁸: Misdemeanor §§14:2(4) & (6), 14:32.1(B), 32:58 and Code of Criminal Procedure, Article 933

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 30 days Subsequent offense-Not more than 90 days §32:57(A)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-Not more than $175 Subsequent offense-Not more than $500 §32:57(A)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension, Revocation or Cancellation⁶ §32:414(E)(3) & (4)

Length of Term of License

Withdrawal Action: Not more than 1 year §32:414(F)(2)

Mandatory Term of License

Withdrawal Action: None⁵

Other: An offender may be required to attend a driver education, training or improvement program.⁴ Code of Criminal Procedure, Article 892.1

Commercial Motor Vehicle (CMV) Operators⁽⁹⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽¹⁰⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §32:414.2(5)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §32:414.2(5)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §32:414.2(5)

1. ¹Note: Louisiana law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

2. ²If the mobile home is either (1) 15 feet but 30 feet and is equipped with brakes or (2) <15 feet and is not equipped with brakes, it may be towed at a speed 55 MPH between sunrise and sunset and 50 MPH between sunset and sunrise. §32:62(B)

3. ³However, if the school bus is making frequent stops discharging children, it cannot be operated at a speed >35 MPH. §32:62(D)

4. ⁴For persons, who operate a log loader in excess of 40 MPH, the fine for a 1st offense is not more than $100. §47:502.1(B) In all other respects, the sanctions for this offense are the same as for other speeding violations.

5. ⁵I. The court may suspend the sentence of 1st offenders and order them to attend this program. Upon completion of the program, the offender's conviction may be set aside. Code of Criminal Procedure, Article 892.1(B) & (C) II. For either 1st or subsequent offenders, the court may defer proceedings and allow an offender to participate in this program provided the following conditions are satisfied: (1) The offender pleads either nolo contendere or guilty to the charge; (2) the offender has not participated in such a program within 2 years; and, (3) the offense did not involve exceeding the posted speed limit by 25 MPH or more. Code of Criminal Procedure, Article 892.1(E) Upon completion of the course, the court sets aside the conviction. However, the court can only set aside one charge for each course completed. Code of Criminal Procedure, Article 892.1(H)

6. ⁶The licensing agency is authorized to either suspend, revoke or cancel a person's license upon a showing either (1) that have been convicted (or forfeited bail) on traffic offenses with such a frequency that their is an indication that they have a disrespect for the traffic law or (2) they are an habitually reckless or negligent driver. §32:414(E)(3) & (4)

7. ⁷A person, who has had their license either suspended, revoked or cancelled for the first time, may apply for driving privileges based on economic hardship. I.e., that the loss of driving privileges would deprive the offender from earning a living. §32:415.1(A)

8. ⁸The terms "reckless driving" and "careless operation" of a vehicle are sometimes used interchangeably. See, for example, Alexander v. Rivers, 560 So.2d 999 (La.App. 4 Cir. 1990). However, the two terms represent different types of criminal offenses. Reckless operation of a vehicle is defined as driving in a criminally negligent or reckless manner. §14:99. Whereas, careless operation of a vehicle means driving so as to endanger the life, limb, or property of any person. §32:58

9. ⁹A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §32:401(5)

10. ¹⁰A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §32:414.2(A)(d)