DECLARATION OF EMERGENCY

Department of Public Safety and Correction

Office of State Police

Safety  Devices for Trailers

(LAC 55:I.2323)

In accordance with the emergency provisions of the Administrative Procedures Act, R.S. 49:953 B, and R.S. 32:384 the office of State Police is declaring an emergency due to the public safety hazard posed by the inadequacy of safety chains to maintain control of a trailer which has become disconnected from the vehicle pulling it.  This hazard has resulted in serious injury and death as a result of these disconnected trailers striking other vehicles on Louisiana roads and highways.  The Legislature has statutorily provided [at R.S. 32:384(E)] for a safety device which would serve as an alternative to safety chains, but such statute requires the promulgation of a rule by the Office of the State Police which would outline the process for approval of such a device.

The following Rule was inadvertently deleted from a previously promulgated chapter concerning the Weights and Standards Mobile Police Force.  The built-in time periods for promulgation of the Rule would create an unacceptable delay in approving such safety device.

The immediate promulgation of this rule would allow for a more timely approval of such a safety device, which in turn, could save lives.  The effective date of this Emergency Rule is December 8, 2000, and it shall be in effect for 120 until the final rule takes effect through normal promulgation process, whichever occurs first.

Title 55

PUBLIC SAFETY

PART I. STATE POLICE

Weights and Standards



Chapter 23

2323 Approval of Safety Devices

A. Pursuant to R.S. 32:384(D), every trailer and semi-trailer with a loaded gross weight capacity of up to 6,000 pounds shall be equipped with safety chains or another approved safety device.  This statute requires that the safety device shall be securely attached to the towing vehicle when the trailer or semi-trailer is in motion, and shall be of sufficient strength to hold the trailer behind the towing vehicle in case the primary connection between the two vehicles detaches.

Historical Note:  Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 27:424 (March 2001)