§413. Loss or destruction of licenses; duplicate driver's license

            A. If any driver's license shall be lost or destroyed, the person to whom it was issued may apply for a duplicate driver's license at a motor vehicle office, an authorized agent of the office of motor vehicles, or through the motor vehicle website online application. Any application submitted pursuant to this Section shall include a statement executed by the applicant attesting to the facts regarding the lost or destroyed driver's license.

            B. For each duplicate driver's license so issued a five dollar charge shall be collected, except no fee shall be charged to a child who is in foster care, as defined in Children's Code Article 603. However, if the original license was stolen as evidenced by a police report, the charge provided for in this Subsection and the handling charge provided for in R.S. 32:412.1 shall not be collected.

            C. If any driver's license which was issued to a Louisiana domiciliary or resident who is temporarily out of state, or who is a domiciliary or resident who is an active member of the armed forces, or who is a domiciliary resident dependent of a member of the active armed forces, in lieu thereof has been lost or destroyed, the person who was issued the driver's license, or the person who has power of attorney for the person to whom the driver's license was issued, may submit satisfactory proof to the office of motor vehicles of the loss or destruction and may apply for a duplicate driver's license.

            D.(1) The holder of a valid driver's license, regardless of class, may apply for a duplicate driver's license by mail or electronic commerce, except as follows:

            (a) No duplicate driver's license by mail or electronic commerce shall be granted if a previous duplicate license was issued prior to the license expiration.

            (b) No duplicate driver's license by mail or electronic commerce shall be granted to an alien student or nonresident alien.

            (2) The department may establish rules and regulations to grant or deny a duplicate driver's license by mail in cases where a Louisiana resident is temporarily domiciled out of the state or out of the country, or temporarily residing, employed, or attending school in a foreign state or country, even if the resident does not meet the qualification criteria in this Section.

            (3) The application for a duplicate driver's license by mail or electronic commerce shall include the following:

            (a) A statement from the applicant that he has not experienced any loss of consciousness other than normal sleep and has no current physical or mental condition which would impair his ability to operate a motor vehicle safely.

            (b) A statement from the applicant indicating that all motor vehicles owned by the applicant are covered by liability insurance or security and coverage will be maintained until such time as a vehicle is no longer used on the highways of this state, or until a vehicle is transferred to another person or entity.

            (c) A sworn affidavit by a physician certifying that the person possesses all cognitive functions reasonably necessary to be a prudent driver if the person seeking the duplicate driver's license is seventy years of age or older.

            (4) Upon receipt of the required statements by the department and upon the issuance of a duplicate driver's license, the state, the department, or any department employee shall not be liable for any property damages, injuries, or deaths that may arise from an applicant's involvement in an accident when the accident may be attributed to the applicant's medical condition that may have existed which rendered him incapable of operating a motor vehicle safely.

            (5) When a duplicate driver's license is issued by mail or electronic commerce, the department shall issue a duplicate driver's license with the same expiration date as the previously issued driver's license.

            (6) The department shall promulgate rules and regulations as are necessary to implement the provisions of this Section.

            (7) For purposes of this Section a valid driver's license does not include:

            (a) A suspended, disqualified, expired, or canceled license, regardless of class.

            (b) A commercial driver's license for a holder that does not meet all requirements for licensure under federal law, state law, or both.

            (c) A hardship driver's license.

            (d) Any driver's license for which there is a block on any further issuance of any kind, whether or not the license is suspended or disqualified.

            (8) Any online transaction shall be assessed the fee authorized and approved in R.S. 49:316.1.

            E. Any duplicate driver's license issued pursuant to this Section shall not exhibit a duplicate designation regardless of its class.

            Amended by Acts 1958, No. 68, §1; Acts 1982, No. 334, §1; Acts 1984, No. 629, §1; Acts 1989, No. 293, §1, eff. June 27, 1989; Acts 1993, No. 464, §1; Acts 2004, No. 314, §1; Acts 2009, No. 349, §1, eff. July 1, 2009; Acts 2021, No. 239, §1; Acts 2022, No. 329, §1.