Summer Travel Series - Traffic Laws

Even though the first (official) day of summer won’t be here until the 21st, schools are out and summer travel season is here!

This is your annual reminder that ignorance of the law is not a defense and so you should familiarize yourself with the driving rules of each state (or country) through which you are choosing to drive and stay safe on the highways this summer.

We have decided to take this opportunity to give you all some reminders about some Louisiana state traffic laws you may have forgotten, or that may be more obscure:

The majority of Louisiana’s traffic laws (at least those passed by the state legislature) are located in Title 32 of the Louisiana Revised Statutes. These provisions govern everything from speed limits to the number of lights or reflectors required on your vehicle, to the required amount of liability insurance you must carry while operating a motor vehicle that is registered in Louisiana.

Some lesser known rules of the road in Louisiana follow for your information and entertainment:

Louisiana Revised Statutes 32:284 prohibits, under certain circumstances, a person from riding in horse trailers, on the fender of a vehicle, or in the bed of a truck:

A. No person or persons shall occupy a horse trailer while it is being moved upon a highway of this state.

B. No person shall be allowed to ride on running boards, fenders, tail gates, or rear racks of motor vehicles while moving upon a highway of this state, provided, that this section shall not apply to emergency and public sanitation vehicles.

C. No person or persons under the age of twelve years shall be permitted to be a passenger in the open bed of a truck with a gross weight of six thousand pounds or less, commonly referred to as a pickup truck, or in a utility trailer while moving upon a highway of this state. The provisions of this Subsection shall not apply to a pickup truck traveling not more than fifteen miles per hour while participating in an authorized parade in a controlled situation. The provisions of this Section shall be inapplicable in an emergency situation if the child is accompanied within the truck bed by an adult.

D. No person shall be permitted to be a passenger in the open bed of a truck with a gross weight of six thousand pounds or less, commonly referred to as a pickup truck, while the truck is moving upon an interest highway of this state. The provisions of this Subsection shall be inapplicable in an emergency situation.

La. R.S. 32:284. (Note: “highway” is a defined term in the statute and basically means any public road, not just the interstate highways.)

It is also illegal to follow an emergency vehicle (ambulance, fire truck, or police car, for example) closer than 500 feet or drive into an area or park your vehicle within a block where that emergency vehicle has stopped in answer to an official call. La. R.S. 286.

Hunting or the discharge of firearms on public roads or highways located in this state is hereby prohibited except by law enforcement officers when in the performance of their duties."

La. R.S. 32:292.

It is also illegal to wear headphones while operating a motor vehicle:

The wearing of headphones by any operator of a motor vehicle is hereby prohibited. For purposes of this Section, “headphones” shall mean a headset, headphone, or listening device other than a hearing aid or instrument for the improvement of defective human hearing which covers both ears or which is inserted into both ears. Any headset, headphone, or other listening device which covers or is inserted into only one ear may be used at any time."

La. R.S. 32:295.2(A). Subsection (D) of this statute says, however, that the wearing of headphones on both ears cannot be the sole reason for a traffic stop.

As of August 1, 2022, it is now illegal to smoke marijuana in a moving vehicle. It has been illegal to smoke cigarettes (or cigars, etc…) in a moving vehicle in which a child is also present.

It shall be unlawful for the operator or any passenger in a motor vehicle, while the motor vehicle is being operated on a public highway or right-of-way, to smoke or vape any form of marijuana as defined in R.S. 40:961, or a substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or chemical derivates thereof.

La. R.S. 32:300.4.1(A). A violation of this statute, alone, can not justify a traffic stop, either. La. R.S. 32:300.4.1(D)(1).

A. It shall be unlawful for the operator or any passenger in a motor vehicle to smoke cigarettes, pipes, cigars, or any vaping devices in a motor vehicle, passenger van, or pick-up truck, when a child who is required to be restrained in a rear-facing child safety seat, a forward-facing child seat, a booster seat, or a motor vehicle’s safety belt, as required in R.S. 32:295, is also present in such vehicle, regardless of whether windows of the motor vehicle are down.

…

C. Probable cause for a violation of this Section shall be based solely upon a law enforcement officer’s clear and unobstructed view of a person smoking as prohibited by this Section. Violation of this Section shall be considered a primary offense, and any law enforcement officer may stop a motor vehicle solely because of a violation of this Section; however, a law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this Section.

La. R.S. 32:300.4.

And finally, because many people in my neighborhood Facebook group (and I’m certain some of yours) ask this question regularly: it is illegal to operate a golf cart on the public roads in Louisiana, except under very limited circumstances:

The operation of a golf cart upon the public roads or streets of this state is prohibited, except as otherwise provided in this Subsection:

(1) A golf cart may be operated only upon a parish road that has been designated by a parish or a municipal street that has been designated by a municipality for use by a golf cart. Upon a designation that a golf cart may be operated on a designated road or street, the responsible government entity shall post appropriate signage indicating that such operation is authorized.

(2) A golf cart may be used to cross a part of a state highway where a golf course is constructed on both sides of the state highway if the Department of Transportation and Development has issued a permit for the crossing.

La. R.S. 32:299.4. If the street you are choosing to operate your golf cart on meets the above requirements, there are additional requirements for the golf cart, itself:

C. A golf cart operated on a parish road or municipal street shall be equipped with efficient brakes, a reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear of the vehicle. Such golf cart shall also be equipped with headlamps, front and rear turn signal lamps, tail lamps, and brake lamps.

D. Any golf cart operated upon a parish road or municipal street shall be registered with the State of Louisiana through the Department of Public Safety and Corrections, office of motor vehicles, as an off-road vehicle and shall display a decal issued by the office of motor vehicles.

E. No person shall operate a golf cart upon a parish road or municipal street without a valid driver’s license.

F. Any golf cart operated upon a parish road or muncipal street shall have liability insurance with the same minimum limits as required by the provisions of R.S. 32:900(B).

La. R.S. 32:299.4

If you or someone you know is facing a traffic violation this summer and would like to set up a consult, give us a call at (318) 459-9111, and travel safe!