HB 517: "An Act relating to records and hearings of the Department of Public Safety; relating to a temporary permit to drive a motor vehicle; relating to regulation of motor vehicles and commercial motor vehicles; relating to renewal of a driver's license by mail; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date."
00HOUSE BILL NO. 517 01 "An Act relating to records and hearings of the Department of Public Safety; 02 relating to a temporary permit to drive a motor vehicle; relating to regulation 03 of motor vehicles and commercial motor vehicles; relating to renewal of a driver's 04 license by mail; increasing the property damage amounts for proof of financial 05 responsibility and proof of motor vehicle eligibility in order to lawfully operate 06 a motor vehicle in the state; relating to certain notifications in accidents involving 07 property damage; relating to motor vehicle registration procedures; and providing 08 for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 28.05.061(c) is amended to read: 11 (c) Records maintained by the department under this title or regulations 12 adopted under this title may be stored in any reasonable manner, including 13 electronic data storage. The commissioner and officers and employees of the 14 department designated by the commissioner shall, upon request, prepare under the seal
01 of the department and deliver, unless otherwise prohibited by law, a certified copy of 02 any record of the department maintained under this title or regulations adopted under 03 this title, charging a fee for each certified copy. A certified copy of the record stored 04 under this section is admissible in an administrative [A] proceeding or in a court 05 in the same manner as the original document. 06 * Sec. 2. AS 28.05.141(b) is amended to read: 07 (b) A hearing ordered under (a) of this section must [SHALL] be held by 08 telephone unless the hearing officer finds that a telephonic hearing would 09 substantially prejudice the rights of the person involved in the hearing or that an 10 in-person hearing is necessary to decide the issues to be presented in the hearing. 11 An in-person hearing must be held at the office of the department nearest to the 12 residence of the person involved in [REQUESTING] the hearing unless the department 13 and the person agree that the hearing is to be held elsewhere. The department shall 14 grant a hearing delay if the person presents good cause for the delay. If a person fails 15 to attend or appear for the hearing at the time and place stated by the department and 16 if a hearing delay has not been granted, the person's failure to attend or appear is 17 considered a waiver of the hearing and the department may take appropriate action 18 with respect to the person. 19 * Sec. 3. AS 28.10.031(b) is amended to read: 20 (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by 21 the dealer a temporary permit to drive the vehicle. A permit is effective for a period 22 not to exceed 60 [30] days. The commissioner shall adopt regulations governing the 23 issuance of permits under this section. 24 * Sec. 4. AS 28.10.051(a) is amended to read: 25 (a) The department may suspend or revoke the registration of a vehicle, the 26 certificate of registration or registration plates for a vehicle, or a special permit when 27 (1) the department determines that the registration or certificate, plate, 28 or permit was fraudulently procured or erroneously issued; 29 (2) the department determines that a registered vehicle is mechanically 30 unsafe to be driven or moved on a highway, vehicular way or area, or other public 31 property in this state and the vehicle has been seized or impounded under
01 AS 28.05.091; 02 (3) a registered vehicle has been scrapped, dismantled, or destroyed 03 beyond repair; 04 (4) the department determines that a required fee or tax has not been 05 paid and the fee or tax is not paid upon reasonable notice and demand; 06 (5) a registration plate, permit, or certificate is knowingly displayed 07 upon a vehicle other than the vehicle for which issued; 08 (6) the department determines that the owner of a vehicle has 09 committed an offense under this chapter involving the registration or the certificate, 10 plate, or permit to be suspended or revoked; 11 (7) the vehicle has been reported to the department as stolen or 12 unlawfully converted; 13 (8) the department is otherwise required to do so under the laws of this 14 state; [OR] 15 (9) the department determines that the vehicle owner has violated the 16 requirements of AS 28.10.146 or 28.10.147; 17 (10) the department determines that a repair to a commercial 18 motor vehicle, ordered by the department under regulations adopted under 19 AS 28.05.011, was not completed after the owner or operator represented to the 20 department that the repair had been completed; or 21 (11) the owner or operator of a commercial motor vehicle has 22 placed a commercial motor vehicle back in service after it has been placed out of 23 service by the department without having it reinspected as required under 24 regulations adopted under AS 28.05.011. 25 * Sec. 5. AS 28.15.101(c) is amended to read: 26 (c) A driver's license may be renewed by mail if the licensee complies with 27 (a) of this section, except that a license may not be renewed by mail if 28 (1) [THE APPLICANT'S LICENSE, WITHIN THE PREVIOUS FIVE 29 YEARS, HAS BEEN REVOKED BY A COURT AFTER CONVICTION FOR AN 30 OFFENSE UNDER AS 28.15.181(a) OR ANOTHER LAW OR ORDINANCE WITH 31 SUBSTANTIALLY SIMILAR ELEMENTS;
01 (2) THE APPLICANT'S LICENSE, WITHIN THE PREVIOUS FIVE 02 YEARS, HAS BEEN SUSPENDED, REVOKED, OR DENIED BY THE 03 DEPARTMENT UNDER AS 28.15.165 OR 28.15.251; 04 (3) THE APPLICANT, WITHIN THE PREVIOUS FIVE YEARS, HAS 05 BEEN CONVICTED OF A MOVING TRAFFIC VIOLATION; 06 (4)] the most recent renewal of the applicant's license was by mail; or 07 (2) [(5)] the applicant is 69 years of age or older on the expiration date 08 of the driver's license being renewed. 09 * Sec. 6. AS 28.15.166(d) is amended to read: 10 (d) A person who has requested a hearing under this section and who fails to 11 attend or appear at the hearing, for reasons other than lack of actual notice of the 12 hearing or physical incapacity such as hospitalization or incarceration, waives the right 13 to a hearing. The determination of the department that is based upon the enforcement 14 officer's report becomes final. 15 * Sec. 7. AS 28.15.166(e) is amended to read: 16 (e) The [NOTWITHSTANDING AS 28.05.141(b), THE] hearing under this 17 section must [SHALL] be held by telephone unless the hearing officer finds that 18 a telephonic hearing would substantially prejudice the rights of the person 19 involved in the hearing or that an in-person hearing is necessary to decide the 20 issues to be presented in the hearing. An in-person hearing must be held at the 21 office of the department nearest to the residence of the person involved in 22 [REQUESTING] the hearing unless 23 [(1) A DISTRICT COURT JUDGE OR A MAGISTRATE HAS BEEN 24 DESIGNATED AS A HEARING OFFICER IN THE MATTER BY THE 25 COMMISSIONER; OR 26 (2)] the department and the person agree that the hearing is to be held 27 elsewhere. 28 * Sec. 8. AS 28.15.166(f) is amended to read: 29 (f) A review under this section shall be held before a hearing officer 30 designated by the commissioner. [UPON THE CONSENT OF THE 31 ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE
01 COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A 02 MAGISTRATE TO SERVE AS THE HEARING OFFICER.] The hearing officer has 03 [SHALL HAVE] authority to 04 (1) administer oaths and affirmations; 05 (2) examine witnesses and take testimony; 06 (3) receive relevant evidence; 07 (4) issue subpoenas, take depositions, or cause depositions or 08 interrogatories to be taken; 09 (5) regulate the course and conduct of the hearing; 10 (6) make a final ruling on the issue. 11 * Sec. 9. AS 28.20.050(a) is amended to read: 12 (a) The provisions of this chapter requiring deposit of security and suspension 13 for failure to deposit security apply to the driver and owner of a vehicle subject to 14 registration under the laws of this state that is involved in any manner in an accident 15 in this state resulting in bodily injury to or death of a person or damage to the property 16 of any one person exceeding $1,500 [$500]. 17 * Sec. 10. AS 28.20.050(e) is amended to read: 18 (e) A peace officer investigating an accident that results in bodily injury to or 19 the death of a person or damage to the property of a person exceeding $1,500 [$500] 20 shall inform persons involved in the accident in writing of the requirements of this 21 chapter as they apply to suspension of an operator's license or driving privileges. 22 * Sec. 11. AS 28.20.100(c) is amended to read: 23 (c) If the department evaluates the injuries or damage to a minor in an amount 24 not more than $1,500 [$500], the department may accept, for the purposes of this 25 chapter only, evidence of a release from liability executed by a parent [NATURAL] 26 or legal guardian on behalf of the minor without court approval. 27 * Sec. 12. AS 28.20.230(a) is amended to read: 28 (a) The provisions of this chapter requiring the deposit of proof of financial 29 responsibility for the future apply to persons who are convicted of or forfeit bail for 30 certain offenses under motor vehicle laws or who, by ownership or operation of a 31 vehicle of a type subject to registration under AS 28.10, are involved in an accident
01 in this state that results in bodily injury to or death of a person or damage to the 02 property of any one person exceeding $1,500 [$500]. 03 * Sec. 13. AS 28.20.260(a) is amended to read: 04 (a) Upon receipt by the department of the report of an accident resulting in 05 bodily injury to or death of a person, or [PROPERTY] damage to the property of 06 any one person exceeding $1,500 [$500], the department shall suspend the license of 07 the driver of a motor vehicle involved in the accident unless the driver or owner 08 (1) has previously furnished or immediately furnishes security required 09 by this chapter, or is excepted from furnishing security under AS 28.20.060; [,] and 10 (2) maintains proof of financial responsibility for three years following 11 the accident. 12 * Sec. 14. AS 28.22.021 is amended to read: 13 Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE 14 LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have 15 motor vehicle liability insurance that complies with this chapter or a certificate of self- 16 insurance that complies with AS 28.20.400, shall show proof of this insurance when that 17 person is involved in an accident that results in bodily injury to or death of a person, or 18 damage to the property of a person exceeding $1,500 [$500]. 19 * Sec. 15. AS 28.22.041(h) is amended to read: 20 (h) Subsection (a) does not apply to a person who is required to provide proof 21 under AS 28.22.021 if the person 22 (1) is involved in an accident that results in property damage of less 23 than $1,500 [$1,000] and the damage occurs only to the property of the person 24 required to show proof of insurance; 25 (2) not later than 15 days after the accident, provides proof of motor 26 vehicle liability insurance that complies with this chapter or a certificate of self- 27 insurance that complies with AS 28.20.400 to the department; and 28 (3) establishes by a preponderance of the evidence that the failure to 29 have in effect motor vehicle liability insurance or to self-insure as required by this 30 chapter at the time of the accident was due to circumstances beyond the control of the 31 person.
01 * Sec. 16. AS 28.32.900(1) is amended to read: 02 (1) "commercial motor vehicle" means a motor vehicle or a 03 combination of a motor vehicle and one or more other vehicles 04 (A) used to transport passengers or property; 05 (B) used upon a highway or vehicular way [CONNECTED TO 06 (i) THE LAND-CONNECTED STATE HIGHWAY 07 SYSTEM; OR 08 (ii) A LAND HIGHWAY OR VEHICULAR WAY 09 WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER 10 THAN 499]; and 11 (C) which 12 (i) has a gross vehicle weight rating or gross 13 combination weight rating greater than 10,000 pounds; 14 (ii) is designed to transport more than 15 passengers, 15 including the driver; or 16 (iii) is used in the transportation of materials found by 17 the United States Secretary of Transportation to be hazardous for 18 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 19 Act); 20 (D) except that the following vehicles meeting the criteria in 21 (A) - (C) of this paragraph are not commercial vehicles: 22 (i) emergency or fire equipment that is necessary to the 23 preservation of life or property; 24 (ii) farm vehicles that are controlled and operated by a 25 farmer; used to transport agricultural products, farm machinery, or farm 26 supplies to or from that farmer's farm; not used in the operations of a 27 common or contract motor carrier; and used within 150 [300] miles of 28 the farmer's farm; 29 (iii) school buses; 30 (iv) vehicles owned and operated by the federal 31 government unless the vehicle is used to transport property of the
01 general public for compensation in competition with other persons who 02 own or operate a commercial motor vehicle subject to this chapter, and 03 except to the extent that regulation of vehicles operated by the federal 04 government is permitted by federal law; and 05 (v) vehicles used exclusively for purposes other than 06 commercial purposes; 07 * Sec. 17. AS 28.32.900(2) is amended to read: 08 (2) "commercial purposes" means activities for which a person receives 09 direct monetary compensation or activities for which a person receives no direct 10 monetary compensation but which are incidental to and done in furtherance of the 11 person's [PRIMARY] business; 12 * Sec. 18. AS 28.33.130(a) is amended to read: 13 (a) A person may not operate a commercial motor vehicle or be on-duty 14 (1) if, within the preceding four hours, the person 15 (A) consumed or was under the influence of 16 (i) an alcoholic beverage; 17 (ii) a controlled substance not prescribed by a physician; 18 or 19 (iii) a controlled substance prescribed by a physician that 20 might impair a person's ability to operate a commercial motor vehicle; 21 or 22 (B) had any measurable alcohol concentration within the blood 23 or breath or any detectable presence of alcohol; [OR] 24 (2) while in possession of an alcoholic beverage or a controlled 25 substance not prescribed by a physician unless 26 (A) the alcoholic beverage or controlled substance is manifested 27 and documented as part of an authorized shipment of cargo; or 28 (B) under AS 04, the alcoholic beverage may be legally served 29 to passengers being carried for hire; 30 (3) after being placed out of service for violation of a regulation 31 adopted under AS 28.05.011; or
01 (4) with an invalid operator's or commercial operator's license. 02 * Sec. 19. AS 28.33.140(a) is amended to read: 03 (a) In addition to the court action provided in AS 28.15.181, conviction of any 04 of the following offenses is grounds for immediate disqualification from driving a 05 commercial motor vehicle for the periods set out in this section: 06 (1) operating a commercial motor vehicle while intoxicated in violation 07 of AS 28.33.030; 08 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 09 (3) operating a motor vehicle while intoxicated [,] in violation of 10 AS 28.35.030; 11 (4) leaving the scene of an accident in violation of AS 28.35.060, or 12 failing to file, or providing false information in, an accident report in violation of 13 AS 28.35.110; 14 (5) a felony under state or federal law, which was facilitated because 15 the person used a commercial motor vehicle; [OR] 16 (6) a serious traffic violation; or 17 (7) driving after being placed out of service in violation of 18 regulations adopted under AS 28.05.011. 19 * Sec. 20. AS 28.33.140 is amended by adding a new subsection to read: 20 (j) A court convicting a person of an offense described in (a)(7) of this section 21 shall disqualify that person from driving a commercial motor vehicle for the following 22 periods: (1) if the person has not been previously convicted of violating an out-of- 23 service order, not less than 90 days; (2) if the person has been previously convicted once of 24 violating an out-of-service order, not less than one year; (3) if the person has been previously 25 convicted more than once of violating an out-of-service order, not less than three years. In 26 this subsection, "previously convicted" means having been convicted in this or another 27 jurisdiction of an offense described in (a)(7) of this section within 10 years preceding the date 28 of the present offense. 29 * Sec. 21. AS 28.33.190 is amended by adding a new paragraph to read: 30 (11) "out-of-service order" means an order issued under regulations 31 adopted under AS 28.05.011 that prohibits an owner or operator of a commercial
01 motor vehicle from operating a commercial motor vehicle. 02 * Sec. 22. AS 28.35.080(a) is amended to read: 03 (a) The driver of a vehicle involved in an accident resulting in bodily injury 04 to or death of a person or total property damage to an apparent extent of $1,500 [$500] 05 or more shall immediately by the quickest means of communication give notice of the 06 accident to the local police department if the accident occurs within a municipality, 07 otherwise to the Department of Public Safety. 08 * Sec. 23. AS 28.35.080(b) is amended to read: 09 (b) The driver of a vehicle involved in an accident resulting in bodily injury 10 to or death of a person or total property damage to an apparent extent of $1,500 [$500] 11 or more shall, within 10 days after the accident, forward a written report of the 12 accident to the Department of Public Safety and to the local police department if the 13 accident occurs within a municipality. A report is not required under this subsection 14 if the accident is investigated by a peace officer. 15 * Sec. 24. AS 28.40.100(a)(2) is amended to read: 16 (2) "commercial motor vehicle" means a motor vehicle or a 17 combination of a motor vehicle and one or more other vehicles 18 (A) used to transport passengers or property; 19 (B) used upon a land highway or vehicular way [CONNECTED 20 TO 21 (i) THE LAND CONNECTED STATE HIGHWAY 22 SYSTEM; OR 23 (ii) A LAND HIGHWAY OR VEHICULAR WAY 24 WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER 25 THAN 499]; and 26 (C) that 27 (i) has a gross vehicle weight rating or gross 28 combination weight rating greater than 26,000 pounds; 29 (ii) is designed to transport more than 15 passengers, 30 including the driver; or 31 (iii) is used in the transportation of materials found by
01 the United States Secretary of Transportation to be hazardous for 02 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 03 Act); 04 (D) except that the following vehicles meeting the criteria in 05 (A) - (C) of this paragraph are not commercial vehicles: 06 (i) emergency or fire equipment that is necessary to the 07 preservation of life or property; 08 (ii) farm vehicles that are controlled and operated by a 09 farmer; used to transport agricultural products, farm machinery, or farm 10 supplies to or from that farmer's farm; not used in the operations of a 11 common or contract motor carrier; and used within 150 miles of the 12 farmer's farm; and 13 (iii) recreational vehicles used exclusively for purposes 14 other than commercial purposes; 15 * Sec. 25. AS 28.40.100(a)(3) is amended to read: 16 (3) "commercial purposes" means activities for which a person receives 17 direct monetary compensation or activities for which a person receives no direct 18 monetary compensation but that are incidental to and done in furtherance of the 19 person's [PRIMARY] business; 20 * Sec. 26. AS 28.10.108(b) and 28.10.108(c) are repealed. 21 * Sec. 27. This Act takes effect July 1, 1996.