Legal Corner: Does Louisiana or Texas have a law against commerc - KPLC 7 News, Lake Charles, Louisiana

Legal Corner: Does Louisiana or Texas have a law against commercial drivers having loaded firearms in their commercial vehicles?

Source: KPLC Source: KPLC
SOUTHWEST LOUISIANA (KPLC) -

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Question: Are there laws that require vehicles that drive on public roads to have their tires covered by fenders? There seems to be a lot of jeeps and trucks running with either no fenders or their tires hanging well outside the fenders. These vehicles are throwing rocks and debris and are a hazard to others on the road.

32§364. Fenders and mudguards
A. Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway of this state, shall be equipped with fenders, covers, or such devices, including flaps or splash aprons, or fender flares to effectively minimize the spray or splash of water or mud or loose material on the highways to the rear of the vehicle unless the body of the vehicle or attachments thereto afford such protection. The width of such fenders, covers, or other devices shall be at least the width of the tires of the motor vehicle.

B. This Section does not apply to those vehicles exempt from registrations, nor to any other vehicle having an unladen weight of under one thousand five hundred pounds, nor to those vehicles which were not supplied with the equipment required in Subsection A of this Section at the time of manufacture, nor to trucks and farm vehicles handling and hauling agricultural and forestry products.
Acts 1962, No. 310, §1. Amended by Acts 1968, No. 399, §1; Acts 1999, No. 1121, §1; Acts 2003, No. 236, §1.

Question: Our one-road subdivision drainage ditch has been blocked with a fence at the end by a large subdivision in Lake Charles. Is this legal? What rights as landowners do we have?

It depends on whether the drainage ditch is publicly or privately owned. This can be found by reviewing the subdivision plat. If it is publicly owned, then you should contact (depending on the location, and which government body owns it – city, parish or a drainage district) the City of Lake Charles Public Works Department, or contact the entity that owns it directly. If it is privately owned, then you should contact the homeowner’s association, if the neighborhood is a part of one. If not, the homeowners may have to collectively consult a private attorney about protecting their drainage rights.

Question: Federal DOT regulations for commercial truck drivers do not prohibit them from carrying a loaded firearm in the vehicle while driving. However, their regulations say that condition is subject to state laws. Does Louisiana or Texas have a law against commercial drivers having loaded firearms in their commercial vehicles?

Louisiana has no prohibition against carrying a loaded firearm in a commercial vehicle. The individual companies may have a prohibition against weapons in vehicles, but it would be considered a violation of company policy, not a crime. However, there is no exemption for normal firearm laws when it comes to commercial vehicles – for example, if a convicted felon is carrying a firearm in a commercial vehicle, they are still considered to be in “constructive possession” of the weapon, which is a crime. Also, commercial vehicles are not exempt from a gun-free zones.

Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC TV.

Copyright 2017 KPLC. All rights reserved.

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