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La. Rev. Stat. § 32:296 (2026)

Stopping, parking, or standing upon the highway shoulder; driving upon the highway shoulder

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§296. Stopping, parking, or standing upon the highway shoulder; driving upon the highway shoulder

           A. No person shall stop, park, or leave standing any vehicle on any highway shoulder, unless such stopping, parking, or standing is made necessary by an emergency, except:

           (1) In those areas designated as parking areas by the Department of Transportation and Development, or

           (2) By any public utility personnel or public utility equipment engaged in the operation of the utility business, public vehicles owned by public bodies which are engaged in the conduct of official business, or privately owned vehicles which are engaged in services authorized by the local governing authority.

           (3) Persons riding bicycles shall be allowed to operate on the shoulder of a roadway.

           B. In case of an emergency, the driver of a vehicle may lawfully operate the vehicle on any state highway shoulder in accordance with the normal standards of prudent conduct to protect himself and others from harm. When the emergency ends, the vehicle shall not be operated on the state highway shoulder.

           C. If the vehicle is not removed from the highway within twenty-four hours, the provisions of R.S. 32:473.1(B) shall apply.

           Acts 1984, No. 928, §1, Acts 1997, No. 117, §1; Acts 2008, No. 429, §1, eff. June 21, 2008; Acts 2010, No. 618, §2, eff. August 15, 2010; Acts 2026, No. 464, §1, eff. August 1, 2026.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1954–2026 · leading case: Kokesh v. Curlee, 14 F.4th 382 (5th Cir. 2021).
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Kokesh v. Curlee, 14 F.4th 382 (5th Cir. 2021). · cites it 5× “R.S. 32:296(A). 10 Evans drove 9 While Kokesh was seated in Curlee’s vehicle, Curlee examined the three IDs he now possessed.”
Shephard on Behalf of Shephard v. Scheeler, 701 So. 2d 1308 (La. 1997). · cites it 9× “R.S. 32:296, which provides: A. No person shall stop, park, or leave standing any unattended vehicle on any state highway shoulder when such stopping or parking on the highway shoulder shall obstruct the flow of traffic or is a hazard to public safety, unless such stopping,…”
Miller v. Bailey, 621 So. 2d 1174 (La. Ct. App. 1993). · cites it 6× “LSA-R.S. 32:296 expressly prohibits parking unattended vehicles on a highway shoulder when doing so obstructs the flow of traffic or is a hazard to public safety.”
Sumner v. Sumner, 664 So. 2d 718 (La. Ct. App. 1995). · cites it 4× “R.S. 32:296 and 368 in its analysis of the motion for summary judgment.”
Suhr v. Felter, 589 So. 2d 583 (La. Ct. App. 1991). · cites it 3× “R.S. 32:296 provides as follows: A. No person shall stop, park, or leave standing any unattended vehicle on any state highway shoulder when such stopping or parking on the highway shoulder shall obstruct the flow of traffic or is a hazard to public safety, unless such stopping,…”
D & D PLANTING CO. v. Employers Cas. Co., 124 So. 2d 908 (La. 1960). · cites it 2× “Our primary reason for granting certiorari was to review the finding of the Court of Appeal that a violation of LSA-R.S. 32:296, or a failure of exact compliance with the statute, would, at most, constitute a remote and not a proximate or contributory cause of the accident.”
Wimberly v. McCoy Tree Surgery Co., 766 So. 2d 729 (La. Ct. App. 2000). · cites it 3× “R.S. 32:296 provides, in pertinent part,: A.”
Cardella v. Robinson, 903 So. 2d 613 (La. Ct. App. 2005). “R.S. 32:296(A). Robinson was presented with an intoxicated and belligerent passenger who tried to open the door of a moving vehicle as they traveled on an interstate.”
Reg'l Transit Auth. v. Lemoine, 664 So. 2d 1303 (La. Ct. App. 1995). · cites it 3× “R.S. 32:296 gave the bus driver the right to stop the bus under facts of this case.”
Slaton v. Stein, 640 So. 2d 582 (La. Ct. App. 1994). · cites it 2× “32:141(A) prohibits stopping, parking, or leaving standing any vehicle upon the paved or main travelled part of any highway outside of a business or residence district when it is practicable to stop, park or leave the vehicle off the paved or main trav-elled part of the highway.”
Page v. N. Ins. Co. of New York, 117 So. 2d 279 (La. Ct. App. 1959). “This charge is based upon LSA-R.S. 32:296 which requires all vehicles not coming within the provisions of LSA-R.”
Collier v. Benedetto, 897 So. 2d 775 (La. Ct. App. 2005). · cites it 2× “Most significantly, the trial court found that, in parking its truck on the shoulder of Louisiana Highway 48 and leaving it unattended, Eagle violated LSA-R.S. 32:296, which states in relevant part: A.”
Show all 24 citing cases →
La. Rev. Stat. § 32:296(A): 3 cases
Kokesh v. Curlee, 14 F.4th 382 (5th Cir. 2021). “R.S. 32:296(A). 10 Evans drove 9 While Kokesh was seated in Curlee’s vehicle, Curlee examined the three IDs he now possessed.”
Cardella v. Robinson, 903 So. 2d 613 (La. Ct. App. 2005). “R.S. 32:296(A). Robinson was presented with an intoxicated and belligerent passenger who tried to open the door of a moving vehicle as they traveled on an interstate.”
Minor v. Bertrand, 693 So. 2d 292 (La. Ct. App. 1997).
La. Rev. Stat. § 32:296(A)(2): 1 case
Shephard on Behalf of Shephard v. Scheeler, 701 So. 2d 1308 (La. 1997). “R.S. 32:296, which provides: A. No person shall stop, park, or leave standing any unattended vehicle on any state highway shoulder when such stopping or parking on the highway shoulder shall obstruct the flow of traffic or is a hazard to public safety, unless such stopping,…”
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