3.2 Louisiana Highway Regulatory Act (Title 32)

Louisiana Highway Regulatory Act (Title 32)

Traffic enforcement is a core duty of patrol operations. The Louisiana Highway Regulatory Act, found under Title 32 of the Louisiana Revised Statutes, provides the legal framework for vehicular operation, equipment standards, and traffic enforcement. Understanding these statutes, along with related Title 14 criminal codes, is essential for lawful citations and arrests.

Key Traffic Statutes in Louisiana

While Title 32 handles the bulk of traffic regulations (such as speeding, running stop signs, and lane violations), certain severe driving offenses are criminalized under Title 14 (Criminal Law). Two of the most critical are Hit and Run and Reckless Operation.

Hit and Run Driving (La. R.S. 14:100)

Hit and run driving is defined as the intentional failure of the driver of a vehicle involved in or causing any traffic crash to stop such vehicle at the scene, give their identity, and render reasonable aid.

• Elements: The driver must know they were involved in a crash. They are legally required to provide their name, address, and vehicle license number to the other party or police. Furthermore, they must render reasonable aid to any injured persons.
• Penalties: Penalties vary based on the severity of the crash. A hit and run resulting in property damage is generally a misdemeanor, while incidents resulting in death or serious bodily injury are classified as severe felonies.

Reckless Operation of a Vehicle (La. R.S. 14:99)

Reckless operation involves the operation of any motor vehicle, aircraft, vessel, or other means of conveyance in a criminally negligent or reckless manner.

• Criminal Negligence: The standard is higher than simple civil negligence. It requires a gross deviation below the standard of care expected of a reasonably careful person under like circumstances. It is a disregard for the interest of others.
• Application: This charge is frequently applied when drivers engage in extreme speeding combined with erratic lane changes, or street racing, demonstrating a clear danger to the public.

Traffic Stop Procedures

Traffic stops are among the most frequent yet dangerous interactions officers have with the public. They are broadly categorized into two types: Unknown Risk and High Risk.

Unknown Risk (Routine) Traffic Stops

There is no such thing as a truly "routine" traffic stop, which is why modern policing refers to them as unknown risk stops. The officer does not have prior knowledge of an elevated threat, but the potential for violence is always present.

Key Steps for Unknown Risk Stops:

1. Communication: Always notify dispatch of the location, vehicle description, and license plate number before activating emergency equipment. This ensures backup knows where you are if the situation escalates rapidly.
2. Positioning the Patrol Unit: The patrol vehicle should be offset to the left of the violator's vehicle by about 2 to 3 feet, and parked approximately 15 to 20 feet behind. This offset creates a "safety corridor" shielding the officer from passing traffic.
3. Approach:
   • Officers should approach cautiously, checking the trunk to ensure it is latched.
   • Constantly monitor the occupants' hands and movements.
   • Officers typically stop at the "B-pillar" (the post behind the driver's side door) to communicate with the driver, keeping the officer out of a direct line of fire and forcing the driver to turn awkwardly to interact.
   • The passenger-side approach is increasingly taught as a safer alternative, keeping the officer completely away from traffic and confusing suspects who anticipate a driver-side approach.

High Risk (Felony) Traffic Stops

High risk stops are conducted when officers know or have strong reason to believe the occupants are armed, have committed a felony, or are in a stolen vehicle.

Tactical Execution:

• Distance and Backup: High risk stops are never conducted alone unless absolutely unavoidable. Multiple units are required. The primary unit stays back much further than a normal stop (30 to 50 feet).
• Vehicle Positioning: Units are fanned out to create a tactical wall of cover and maximum illumination of the suspect vehicle.
• Verbal Commands: The primary officer uses a PA system to issue clear, commanding orders.
• Extraction: Suspects are ordered out one by one, typically directed to walk backward toward the officers, placed in a disadvantageous position (e.g., kneeling or prone), and secured before the vehicle is physically cleared.

Driver Contact and Citations

During driver contact, professionalism and safety are paramount. Officers must request a driver's license, vehicle registration, and proof of insurance.

When writing a traffic citation (ticket), the officer should maintain situational awareness. It is unsafe to sit with head down in the patrol car for extended periods. Officers should frequently look up to monitor the violator's vehicle. A citation serves as a legal summons to appear in court, and the violator's signature is an acknowledgment of receipt, not an admission of guilt.