Terms Used In Louisiana Revised Statutes 32:45

  • Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 32:1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Motor vehicle: means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle and an electric-assisted bicycle. See Louisiana Revised Statutes 32:1

            A. Local municipal authorities or local parish authorities shall post signs indicating that a mobile speed camera is present. The sign shall be posted no less than two hundred fifty feet and no more than five hundred feet of the location of each mobile speed camera in such a manner as to be clearly visible, not obstructed by any barrier, equipment, vegetation, or other object, and shall be easily viewable by drivers approaching the speed camera. The sign shall comply with the current manual and specifications adopted by the Department of Transportation and Development pursuant to La. Rev. Stat. 32:235.

            B.(1) Failure of a municipal or parish authority to comply with Subsection A of this Section shall prohibit the use of any photographic or video images collected by the speed camera to impose or collect any civil or criminal fine, fee, or penalty by or on behalf of the municipal or parish authority.

            (2) In any proceeding to collect a civil or criminal fine, fee, or penalty by or on behalf of a municipal or parish authority, a rebuttable presumption shall exist that signs were posted in accordance with Subsection A of this Section.

            C. For the purposes of this Section, “mobile speed camera” means a device designed to collect photographic or video evidence of an alleged violation of a posted speed limit by recording images that depict the license plate or other identifying feature of a motor vehicle that is not operated in compliance with a posted speed limit sign.

            Acts 2017, No. 247, §1.