§48. Violations; administrative hearing

            A. Each local municipal authority or local parish authority that installs or utilizes automated speed enforcement devices, red light cameras, or mobile speed cameras in which a citation is issued by mail shall establish an administrative hearing process for a motorist to appeal the citation violation.

            B. The administrative process shall include, at a minimum, the following:

            (1) A written citation with a detailed description of the alleged violation.

            (2) Ability to request an administrative hearing before a traffic adjudication hearing officer appointed by the local governing authority. The traffic adjudication hearing officer shall be an independent third party who was not a participant in the issuance of the violation.

            (3) Clear notice with a minimum of fifteen days to respond.

            (4) It shall be an affirmative defense to the imposition of civil liability pursuant to this Subpart when:

            (a) The traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person.

            (b) The operator of the vehicle was acting in compliance with the lawful order or direction of a law enforcement or public safety officer.

            (c) The operator of the vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle.

            (d) The vehicle was being operated as an authorized emergency vehicle under R.S. 32:24, and the operator was acting in compliance with R.S. 32:24.

            (e) At the time of the violation, the person who received the notice of violation was not the owner of the vehicle at the time of the violation or the vehicle was in the care, custody, and control of another person where the owner furnishes a truthful affidavit which provides that the vehicle at the time of the violation was not in his care, custody, or control or that the person was not the owner of the vehicle.

            (f) The presence of ice, snow, unusual amounts of rain, or other unusually hazardous road conditions existed that would make compliance with this Subpart more dangerous under the circumstances than noncompliance.

            (g) At the time of the violation, the vehicle was a stolen vehicle or the license plate displayed on the vehicle was a stolen plate, which must include proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency.

            (5) The hearing officer at any administrative adjudication hearing under this Subpart shall issue an order clearly stating the decision rendered.

            (6) Ability to seek petition for judicial review within thirty days of an adverse decision rendered by the hearing officer.

            (7) The issuance of a citation under this Subpart shall not be considered a criminal conviction.

            (8) A civil penalty may not be imposed under this Subpart on the owner of a vehicle if the operator of the vehicle was arrested or was issued a citation and notice to appear by a law or public safety officer as a violation of R.S. 32:232 if the violation was captured by an electronic enforcement device.

            Acts 2024, No. 103, §1, eff. May 21, 2024.