00 HOUSE BILL NO. 186 01 "An Act relating to vehicle registration; relating to off-road system restricted 02 noncommercial drivers' licenses; relating to off-road system eligible areas; and relating 03 to motor vehicle liability insurance." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 28.10.011 is amended to read: 06 Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven, 07 moved, or parked upon a highway or other public parking place in the state shall be 08 registered under this chapter except when the vehicle is 09 (1) driven or moved on a highway only for the purpose of crossing the 10 highway from one private property to another, including an implement of husbandry 11 as defined by regulation; 12 (2) driven or moved on a highway under a dealer's plate or temporary 13 permit as provided for in AS 28.10.031 and 28.10.181(j); 14 (3) special mobile equipment as defined by regulation; 01 (4) owned by the United States; 02 (5) moved by human or animal power; 03 (6) exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil 04 Relief Act); 05 (7) driven or parked only on private property; 06 (8) the vehicle of a nonresident as provided under AS 28.10.121; 07 (9) transported under a special permit under AS 28.10.151; 08 (10) being driven or moved in an off-road system eligible area by an  09 operator with a noncommercial driver's license, including an off-road system  10 restricted noncommercial driver's license issued under AS 28.15.126 [ON A 11 HIGHWAY, VEHICULAR WAY, OR A PUBLIC PARKING PLACE IN THE 12 STATE THAT IS NOT CONNECTED BY A LAND HIGHWAY OR VEHICULAR 13 WAY TO 14 (A) THE LAND-CONNECTED STATE HIGHWAY 15 SYSTEM; OR 16 (B) A HIGHWAY OR VEHICULAR WAY WITH AN 17 AVERAGE DAILY TRAFFIC VOLUME GREATER THAN 499]; 18 (11) an implement of husbandry operated in accordance with the 19 provisions of AS 19.10.065; 20 (12) an electric personal motor vehicle. 21  * Sec. 2. AS 28.15 is amended by adding a new section to read: 22 Sec. 28.15.126. Off-road system restricted noncommercial driver's license. 23 (a) The department shall waive the road test and issue an off-road system restricted 24 noncommercial driver's license to an applicant who resides and operates a motor 25 vehicle in an off-road system eligible area of the state. A driver issued an off-road 26 system restricted noncommercial driver's license may operate a motor vehicle in an 27 off-road system eligible area of the state. A driver issued an off-road system restricted 28 noncommercial driver's license may not operate a motor vehicle 29 (1) outside the off-road system eligible area of the state on a highway, 30 vehicular way, or a public parking place in the state unless the person has or is 31 accompanied by a person with a driver's license that is not restricted under this 01 section; or 02 (2) outside the state. 03 (b) The department shall annually publish a list of off-road system eligible 04 areas. The department shall make the list available at each office of the department 05 and on the department's Internet website. 06  * Sec. 3. AS 28.15.201(d) is amended to read: 07 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 08 a license under AS 28.15.181(c), or the department when revoking a driver's license, 09 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 10 limited license privileges if 11 (1) the revocation was for a misdemeanor conviction under 12 AS 28.35.030 or a similar municipal ordinance and not for a violation of 13 AS 28.35.032; 14 (2) the person 15 (A) has not been previously convicted and the limited license is 16 not granted during the first 30 days of the period of revocation; or 17 (B) has been previously convicted and the limited license is not 18 granted during the first 90 days of the period of revocation; 19 (3) the court or department requires the person to use an ignition 20 interlock device during the period of the limited license whenever the person operates 21 a motor vehicle in an area [A COMMUNITY] not included in the list published by 22 the department under AS 28.15.126 [AS 28.22.011(b)] and, when applicable, 23 (A) the person provides proof of installation of the ignition 24 interlock device on every vehicle the person operates; 25 (B) the person signs an affidavit acknowledging that 26 (i) operation by the person of a vehicle that is not 27 equipped with an ignition interlock device is subject to penalties for 28 driving with a revoked license; 29 (ii) circumventing or tampering with the ignition 30 interlock device is a class A misdemeanor; and 31 (iii) the person is required to maintain the ignition 01 interlock device throughout the period of the limited license, to keep 02 up-to-date records in each vehicle showing that any required service 03 and calibration is current, and to produce those records immediately on 04 request; 05 (4) the person is enrolled in and is in compliance with or has 06 successfully completed the alcoholism screening, evaluation, referral, and program 07 requirements of the Department of Health and Social Services under AS 28.35.030(h); 08 (5) the person provides proof of insurance as required by AS 28.20.230 09 and 28.20.240; and 10 (6) the person has not previously been convicted of violating the 11 limitations of an ignition interlock limited license or been convicted of violating the 12 provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those 13 sections. 14  * Sec. 4. AS 28.22.011(a) is amended to read: 15 (a) The operator or owner of a motor vehicle subject to registration under 16 AS 28.10.011 when driven on a highway, vehicular way or area, or on other public 17 property in the state, shall be insured under a motor vehicle liability policy that 18 complies with this chapter or a certificate of self-insurance that complies with 19 AS 28.20.400 unless the operator  20 (1) [THE MOTOR VEHICLE IS BEING DRIVEN OR MOVED ON 21 A HIGHWAY, VEHICULAR WAY, OR A PUBLIC PARKING PLACE IN THE 22 STATE THAT IS NOT CONNECTED BY A LAND HIGHWAY OR VEHICULAR 23 WAY TO 24 (A) THE LAND-CONNECTED STATE HIGHWAY 25 SYSTEM, OR 26 (B) A HIGHWAY OR VEHICULAR WAY WITH AN 27 AVERAGE DAILY TRAFFIC VOLUME GREATER THAN 499]; AND 28 (2) THE OPERATOR] has not been cited within the preceding five 29 years for a traffic law violation with a demerit point value of six or more on the point 30 schedule determined under regulations adopted by the department under 31 AS 28.15.221;  01 (2) has a noncommercial driver's license, including an off-road  02 system restricted noncommercial driver's license issued under AS 28.15.126; and  03 (3) is operating the motor vehicle in an off-road system eligible  04 area of the state. 05  * Sec. 5. AS 28.35.030(t) is amended to read: 06 (t) Notwithstanding (b) or (n) of this section, the court shall waive the 07 requirement of the use of an ignition interlock device when a person operates a motor 08 vehicle in an area [A COMMUNITY] included on the list published by the 09 department under AS 28.15.126 [AS 28.22.011(b)]. 10  * Sec. 6. AS 28.35.032(t) is amended to read: 11 (t) Notwithstanding (g) or (p) of this section, the court shall waive the 12 requirement of the use of an ignition interlock device when a person operates a motor 13 vehicle in an area [A COMMUNITY] included on the list published by the 14 department under AS 28.15.126 [AS 28.22.011(b)]. 15  * Sec. 7. AS 28.90.990(a) is amended by adding a new paragraph to read: 16 (32) "off-road system eligible area" means an area of the state, as 17 determined by the department, that does not have land-connected road access to an 18 office that offers road testing at least once every three months and offers a sufficient 19 number of road tests to meet public demand. 20  * Sec. 8. AS 28.22.011(b) is repealed.