CSSB 1010(L&C) AM: "An Act relating to vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned vehicles; relating to suspension or revocation of a vehicle registration, certificate of registration, registration plate, or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; relating to commercial driver training schools; increasing the property damage amounts for financial responsibility laws related to vehicles and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definitions of commercial motor vehicle' and commercial purposes'; relating to prohibitions against operation of a commercial motor vehicle and being on duty to operate a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to vehicle registration procedures; and providing for an effective date."
00CS FOR SENATE BILL NO. 1010(L&C) am 01 "An Act relating to vehicle records and hearings of the Department of Public 02 Safety; increasing the period under which a person may drive a motor vehicle 03 under a temporary permit; relating to ownership of certain abandoned vehicles; 04 relating to suspension or revocation of a vehicle registration, certificate of 05 registration, registration plate, or special permit; relating to renewal of a 06 driver's license by mail; relating to procedures applicable to administrative 07 revocation of a driver's license; relating to commercial driver training schools; 08 increasing the property damage amounts for financial responsibility laws related 09 to vehicles and proof of motor vehicle eligibility in order to lawfully operate 10 a motor vehicle in the state; amending the definitions of commercial motor 11 vehicle' and commercial purposes'; relating to prohibitions against operation of 12 a commercial motor vehicle and being on duty to operate a commercial motor 13 vehicle and to disqualification from driving a commercial motor vehicle; relating 14 to certain notifications in accidents involving property damage; relating to vehicle
01 registration procedures; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.05.061(c) is amended to read: 04 (c) Records maintained by the department under this title or regulations 05 adopted under this title may be stored in any reasonable manner, including 06 electronic data storage. The commissioner and officers and employees of the 07 department designated by the commissioner shall, upon request, prepare under the seal 08 of the department and deliver, unless otherwise prohibited by law, a certified copy of 09 any record of the department maintained under this title or regulations adopted under 10 this title, charging a fee for each certified copy. A certified copy of the record stored 11 under this section is admissible in an administrative [A] proceeding or in a court 12 in the same manner as the original document. 13 * Sec. 2. AS 28.05.141(b) is amended to read: 14 (b) A hearing ordered under (a) of this section must [SHALL] be held by 15 telephone unless the hearing officer finds that a telephonic hearing would 16 substantially prejudice the rights of the person involved in the hearing or that an 17 in-person hearing is necessary to decide the issues to be presented in the hearing. 18 An in-person hearing must be held at the office of the department nearest to the 19 residence of the person involved in [REQUESTING] the hearing unless the department 20 and the person agree that the hearing is to be held elsewhere. The department shall 21 grant a hearing delay if the person presents good cause for the delay. If a person fails 22 to attend or appear for the hearing at the time and place stated by the department and 23 if a hearing delay has not been granted, the person's failure to attend or appear is 24 considered a waiver of the hearing and the department may take appropriate action 25 with respect to the person. 26 * Sec. 3. AS 28.10.031(b) is amended to read: 27 (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by 28 the dealer a temporary permit to drive the vehicle. A permit is effective for a period 29 not to exceed 60 [30] days. The commissioner shall adopt regulations governing the 30 issuance of permits under this section. 31 * Sec. 4. AS 28.10.051(a) is amended to read:
01 (a) The department may suspend or revoke the registration of a vehicle, the 02 certificate of registration or registration plates for a vehicle, or a special permit when 03 (1) the department determines that the registration or certificate, plate, 04 or permit was fraudulently procured or erroneously issued; 05 (2) the department determines that a registered vehicle is mechanically 06 unsafe to be driven or moved on a highway, vehicular way or area, or other public 07 property in this state and the vehicle has been seized or impounded under 08 AS 28.05.091; 09 (3) a registered vehicle has been scrapped, dismantled, or destroyed 10 beyond repair; 11 (4) the department determines that a required fee or tax has not been 12 paid and the fee or tax is not paid upon reasonable notice and demand; 13 (5) a registration plate, permit, or certificate is knowingly displayed 14 upon a vehicle other than the vehicle for which issued; 15 (6) the department determines that the owner of a vehicle has 16 committed an offense under this chapter involving the registration or the certificate, 17 plate, or permit to be suspended or revoked; 18 (7) the vehicle has been reported to the department as stolen or 19 unlawfully converted; 20 (8) the department is otherwise required to do so under the laws of this 21 state; [OR] 22 (9) the department determines that the vehicle owner has violated the 23 requirements of AS 28.10.146 or 28.10.147; 24 (10) the department determines that a repair to a commercial 25 motor vehicle, ordered by the department under regulations adopted under 26 AS 28.05.011, was not completed after the owner or operator represented to the 27 department that the repair had been completed; or 28 (11) the owner or operator of a commercial motor vehicle has 29 placed a commercial motor vehicle back in service after it has been placed out of 30 service by the department without having it reinspected as required under 31 regulations adopted under AS 28.05.011.
01 * Sec. 5. AS 28.11 is amended by adding a new section to read: 02 Sec. 28.11.025. CLAIM OF OWNERSHIP BY PRIVATE PROPERTY 03 OWNER. (a) In addition to removal of an abandoned vehicle under AS 28.11.020, 04 a vehicle that is left standing or parked on private property without the consent of the 05 private property owner and for a period of six months is presumed to be an abandoned 06 vehicle and title to the vehicle may be transferred to the private property owner as 07 provided under this section. A person who claims ownership of an abandoned vehicle 08 under this section shall provide notice of the claim to the vehicle owner of record and 09 to lienholders in the manner prescribed for giving notice by the department under 10 AS 28.05.121. The notice must state the location of the vehicle and the period of 11 abandonment. If the vehicle is not registered in this state or the name and address of 12 the registered or legal owner or lienholder cannot be ascertained, notice shall be given 13 by publication in the manner prescribed in the rules of the court for service of process 14 by publication. 15 (b) If an abandoned vehicle is not reclaimed within 30 days after notice is 16 given as required under (a) of this section, the title to the vehicle vests with the owner 17 of the private property on which the vehicle is located. Upon application, the 18 department shall issue a new certificate of title to a vehicle whose ownership is 19 transferred under this section. 20 (c) In this section, "vehicle" means a 21 (1) passenger car, motor home, bus, truck, truck-tractor, motorcycle, 22 motorbike, or similar motor vehicle that is designed for use primarily to transport a 23 person or to transport or draw property on a highway or vehicular way; and 24 (2) snowmobile, three-wheeler, four-wheeler, or a similar off-highway 25 motor vehicle designed or adapted for cross-country operation over unimproved terrain, 26 ice, or snow and that has been declared by its owner at the time of registration and 27 determined by the department to be unsuitable for general highway use, although the 28 vehicle may make incidental use of a highway as provided in this title, but not 29 including implements of husbandry or special mobile equipment, such as construction 30 machinery or earthmoving equipment. 31 * Sec. 6. AS 28.15.101(c) is amended to read:
01 (c) A driver's license may be renewed by mail if the licensee complies with 02 (a) of this section, except that a license may not be renewed by mail if 03 (1) [THE APPLICANT'S LICENSE, WITHIN THE PREVIOUS FIVE 04 YEARS, HAS BEEN REVOKED BY A COURT AFTER CONVICTION FOR AN 05 OFFENSE UNDER AS 28.15.181(a) OR ANOTHER LAW OR ORDINANCE WITH 06 SUBSTANTIALLY SIMILAR ELEMENTS; 07 (2) THE APPLICANT'S LICENSE, WITHIN THE PREVIOUS FIVE 08 YEARS, HAS BEEN SUSPENDED, REVOKED, OR DENIED BY THE 09 DEPARTMENT UNDER AS 28.15.165 OR 28.15.251; 10 (3) THE APPLICANT, WITHIN THE PREVIOUS FIVE YEARS, HAS 11 BEEN CONVICTED OF A MOVING TRAFFIC VIOLATION; 12 (4)] the most recent renewal of the applicant's license was by mail; or 13 (2) [(5)] the applicant is 69 years of age or older on the expiration date 14 of the driver's license being renewed. 15 * Sec. 7. AS 28.15.166(d) is amended to read: 16 (d) A person who has requested a hearing under this section and who fails to 17 attend or appear at the hearing, for reasons other than lack of actual notice of the 18 hearing or physical incapacity such as hospitalization or incarceration, waives the right 19 to a hearing. The determination of the department that is based upon the enforcement 20 officer's report becomes final. 21 * Sec. 8. AS 28.15.166(e) is amended to read: 22 (e) The [NOTWITHSTANDING AS 28.05.141(b), THE] hearing under this 23 section must [SHALL] be held by telephone unless the hearing officer finds that 24 a telephonic hearing would substantially prejudice the rights of the person 25 involved in the hearing or that an in-person hearing is necessary to decide the 26 issues to be presented in the hearing. An in-person hearing must be held at the 27 office of the department nearest to the residence of the person involved in 28 [REQUESTING] the hearing unless 29 [(1) A DISTRICT COURT JUDGE OR A MAGISTRATE HAS BEEN 30 DESIGNATED AS A HEARING OFFICER IN THE MATTER BY THE 31 COMMISSIONER; OR
01 (2)] the department and the person agree that the hearing is to be held 02 elsewhere. 03 * Sec. 9. AS 28.15.166(f) is amended to read: 04 (f) A review under this section shall be held before a hearing officer 05 designated by the commissioner. [UPON THE CONSENT OF THE 06 ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE 07 COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A 08 MAGISTRATE TO SERVE AS THE HEARING OFFICER.] The hearing officer has 09 [SHALL HAVE] authority to 10 (1) administer oaths and affirmations; 11 (2) examine witnesses and take testimony; 12 (3) receive relevant evidence; 13 (4) issue subpoenas, take depositions, or cause depositions or 14 interrogatories to be taken; 15 (5) regulate the course and conduct of the hearing; 16 (6) make a final ruling on the issue. 17 * Sec. 10. AS 28.17.041(b) is amended to read: 18 (b) Regulations adopted under this section must state the requirements for a 19 school license, including requirements concerning manner and form of application, 20 location, place of business, facilities, records, equipment, courses and standards of 21 instruction, instructors, previous records of the school and instructors, financial 22 statements, schedule of fees and charges, character and reputation of the operators and 23 instructors, vehicle equipment and condition, inspection during reasonable business 24 hours, insurance or bonds in the sum and with the provisions the commissioner 25 considers necessary, and other matters the commissioner may prescribe for the 26 protection of the public. Regulations regarding courses and standards of 27 instruction for 28 (1) noncommercial motor vehicles must be consistent with 29 standards adopted by the commissioner; and 30 (2) commercial motor vehicles must meet or exceed the model 31 curriculum for training tractor-trailer drivers adopted by the United States
01 Department of Transportation. 02 * Sec. 11. AS 28.17.061 is repealed and reenacted to read: 03 Sec. 28.17.061. CIVIL PENALTY. (a) If the department determines a person 04 has violated a provision of this chapter, or a regulation adopted under this chapter, the 05 department may impose a civil penalty not to exceed $5,000. In determining the 06 amount of a civil penalty imposed under this section, the department shall consider the 07 economic benefit resulting from the violation, the person's prior violations under this 08 section, and the seriousness of the violation. 09 (b) Before imposing a civil penalty under this section, the department shall 10 provide notice of the civil penalty and an opportunity to request an administrative 11 hearing. If a hearing is not requested within 30 days after notice of the civil penalty 12 is received, the right to a hearing is considered waived. If a hearing is requested, the 13 hearing shall be conducted as provided under AS 28.05.141. 14 (c) If a person fails to pay a civil penalty imposed under this section within 15 30 days after the civil penalty is imposed by the department, or if the civil penalty is 16 stayed pending an appeal, within 10 days after the court enters a final judgment in 17 favor of the department, the department shall notify the attorney general. The attorney 18 general may commence a civil action to recover the amount of the civil penalty. 19 * Sec. 12. AS 28.20.050(a) is amended to read: 20 (a) The provisions of this chapter requiring deposit of security and suspension 21 for failure to deposit security apply to the driver and owner of a vehicle subject to 22 registration under the laws of this state that is involved in any manner in an accident 23 in this state resulting in bodily injury to or death of a person or damage to the property 24 of any one person exceeding $501 [$500]. 25 * Sec. 13. AS 28.20.050(e) is amended to read: 26 (e) A peace officer investigating an accident that results in bodily injury to or 27 the death of a person or damage to the property of a person exceeding $501 [$500] 28 shall inform persons involved in the accident in writing of the requirements of this 29 chapter as they apply to suspension of an operator's license or driving privileges. 30 * Sec. 14. AS 28.20.100(c) is amended to read: 31 (c) If the department evaluates the injuries or damage to a minor in an amount
01 not more than $501 [$500], the department may accept, for the purposes of this chapter 02 only, evidence of a release from liability executed by a parent [NATURAL] or legal 03 guardian on behalf of the minor without court approval. 04 * Sec. 15. AS 28.20.230(a) is amended to read: 05 (a) The provisions of this chapter requiring the deposit of proof of financial 06 responsibility for the future apply to persons who are convicted of or forfeit bail for 07 certain offenses under motor vehicle laws or who, by ownership or operation of a 08 vehicle of a type subject to registration under AS 28.10, are involved in an accident 09 in this state that results in bodily injury to or death of a person or damage to the 10 property of any one person exceeding $501 [$500]. 11 * Sec. 16. AS 28.20.260(a) is amended to read: 12 (a) Upon receipt by the department of the report of an accident resulting in 13 bodily injury to or death of a person, or [PROPERTY] damage to the property of 14 any one person exceeding $501 [$500], the department shall suspend the license of the 15 driver of a motor vehicle involved in the accident unless the driver or owner 16 (1) has previously furnished or immediately furnishes security required 17 by this chapter, or is excepted from furnishing security under AS 28.20.060; [,] and 18 (2) maintains proof of financial responsibility for three years following 19 the accident. 20 * Sec. 17. AS 28.22.021 is amended to read: 21 Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE 22 LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have 23 motor vehicle liability insurance that complies with this chapter or a certificate of self- 24 insurance that complies with AS 28.20.400, shall show proof of this insurance when that 25 person is involved in an accident that results in bodily injury to or death of a person, or 26 damage to the property of a person exceeding $501 [$500]. 27 * Sec. 18. AS 28.22.041(h) is amended to read: 28 (h) Subsection (a) does not apply to a person who is required to provide proof 29 under AS 28.22.021 if the person 30 (1) is involved in an accident that results in property damage of less 31 than $2,000 [$1,000] and the damage occurs only to the property of the person
01 required to show proof of insurance; 02 (2) not later than 15 days after the accident, provides proof of motor 03 vehicle liability insurance that complies with this chapter or a certificate of self- 04 insurance that complies with AS 28.20.400 to the department; and 05 (3) establishes by a preponderance of the evidence that the failure to 06 have in effect motor vehicle liability insurance or to self-insure as required by this 07 chapter at the time of the accident was due to circumstances beyond the control of the 08 person. 09 * Sec. 19. AS 28.32.900(1) is amended to read: 10 (1) "commercial motor vehicle" means a motor vehicle or a 11 combination of a motor vehicle and one or more other vehicles 12 (A) used to transport passengers or property; 13 (B) used upon a highway or vehicular way [CONNECTED TO 14 (i) THE LAND-CONNECTED STATE HIGHWAY 15 SYSTEM; OR 16 (ii) A LAND HIGHWAY OR VEHICULAR WAY 17 WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER 18 THAN 499]; and 19 (C) which 20 (i) has a gross vehicle weight rating or gross 21 combination weight rating greater than 10,000 pounds; 22 (ii) is designed to transport more than 15 passengers, 23 including the driver; or 24 (iii) is used in the transportation of materials found by 25 the United States Secretary of Transportation to be hazardous for 26 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 27 Act); 28 (D) except that the following vehicles meeting the criteria in 29 (A) - (C) of this paragraph are not commercial vehicles: 30 (i) emergency or fire equipment that is necessary to the 31 preservation of life or property;
01 (ii) farm vehicles that are controlled and operated by a 02 farmer; used to transport agricultural products, farm machinery, or farm 03 supplies to or from that farmer's farm; not used in the operations of a 04 common or contract motor carrier; and used within 150 [300] miles of 05 the farmer's farm; 06 (iii) school buses; 07 (iv) vehicles owned and operated by the federal 08 government unless the vehicle is used to transport property of the 09 general public for compensation in competition with other persons who 10 own or operate a commercial motor vehicle subject to this chapter, and 11 except to the extent that regulation of vehicles operated by the federal 12 government is permitted by federal law; and 13 (v) vehicles used exclusively for purposes other than 14 commercial purposes; 15 * Sec. 20. AS 28.32.900(2) is amended to read: 16 (2) "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 which are incidental to and done in furtherance of the 19 person's [PRIMARY] business; 20 * Sec. 21. AS 28.33.130(a) is amended to read: 21 (a) A person may not operate a commercial motor vehicle or be on-duty 22 (1) if, within the preceding four hours, the person 23 (A) consumed or was under the influence of 24 (i) an alcoholic beverage; 25 (ii) a controlled substance not prescribed by a physician; 26 or 27 (iii) a controlled substance prescribed by a physician that 28 might impair a person's ability to operate a commercial motor vehicle; 29 or 30 (B) had any measurable alcohol concentration within the blood 31 or breath or any detectable presence of alcohol; [OR]
01 (2) while in possession of an alcoholic beverage or a controlled 02 substance not prescribed by a physician unless 03 (A) the alcoholic beverage or controlled substance is manifested 04 and documented as part of an authorized shipment of cargo; or 05 (B) under AS 04, the alcoholic beverage may be legally served 06 to passengers being carried for hire; 07 (3) after being placed out of service for violation of a regulation 08 adopted under AS 28.05.011; or 09 (4) with an invalid operator's or commercial operator's license. 10 * Sec. 22. AS 28.33.140(a) is amended to read: 11 (a) In addition to the court action provided in AS 28.15.181, conviction of any 12 of the following offenses is grounds for immediate disqualification from driving a 13 commercial motor vehicle for the periods set out in this section: 14 (1) operating a commercial motor vehicle while intoxicated in violation 15 of AS 28.33.030; 16 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 17 (3) operating a motor vehicle while intoxicated [,] in violation of 18 AS 28.35.030; 19 (4) leaving the scene of an accident in violation of AS 28.35.060, or 20 failing to file, or providing false information in, an accident report in violation of 21 AS 28.35.110; 22 (5) a felony under state or federal law, which was facilitated because 23 the person used a commercial motor vehicle; [OR] 24 (6) a serious traffic violation; or 25 (7) driving after being placed out of service in violation of 26 regulations adopted under AS 28.05.011. 27 * Sec. 23. AS 28.33.140 is amended by adding a new subsection to read: 28 (j) A court convicting a person of an offense described in (a)(7) of this section 29 shall disqualify that person from driving a commercial motor vehicle for the following 30 periods: (1) if the person has not been previously convicted of violating an out-of- 31 service order, not less than 90 days; (2) if the person has been previously convicted once of
01 violating an out-of-service order, not less than one year; (3) if the person has been previously 02 convicted more than once of violating an out-of-service order, not less than three years. In 03 this subsection, "previously convicted" means having been convicted in this or another 04 jurisdiction of an offense described in (a)(7) of this section within 10 years preceding the date 05 of the present offense. 06 * Sec. 24. AS 28.33.190 is amended by adding a new paragraph to read: 07 (11) "out-of-service order" means an order issued under regulations 08 adopted under AS 28.05.011 that prohibits an owner or operator of a commercial 09 motor vehicle from operating a commercial motor vehicle. 10 * Sec. 25. AS 28.35.080(a) is amended to read: 11 (a) The driver of a vehicle involved in an accident resulting in bodily injury 12 to or death of a person or total property damage to an apparent extent of $2,000 [$500] 13 or more shall immediately by the quickest means of communication give notice of the 14 accident to the local police department if the accident occurs within a municipality, 15 otherwise to the Department of Public Safety. 16 * Sec. 26. AS 28.35.080(b) is amended to read: 17 (b) The driver of a vehicle involved in an accident resulting in bodily injury 18 to or death of a person or total property damage to an apparent extent of $2,000 [$500] 19 or more shall, within 10 days after the accident, forward a written report of the 20 accident to the Department of Public Safety and to the local police department if the 21 accident occurs within a municipality. A report is not required under this subsection 22 if the accident is investigated by a peace officer. 23 * Sec. 27. AS 28.40.100(a)(2) is amended to read: 24 (2) "commercial motor vehicle" means a motor vehicle or a 25 combination of a motor vehicle and one or more other vehicles 26 (A) used to transport passengers or property; 27 (B) used upon a land highway or vehicular way [CONNECTED 28 TO 29 (i) THE LAND CONNECTED STATE HIGHWAY 30 SYSTEM; OR 31 (ii) A LAND HIGHWAY OR VEHICULAR WAY
01 WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER 02 THAN 499]; and 03 (C) that 04 (i) has a gross vehicle weight rating or gross 05 combination weight rating greater than 26,000 pounds; 06 (ii) is designed to transport more than 15 passengers, 07 including the driver; or 08 (iii) is used in the transportation of materials found by 09 the United States Secretary of Transportation to be hazardous for 10 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 11 Act); 12 (D) except that the following vehicles meeting the criteria in 13 (A) - (C) of this paragraph are not commercial vehicles: 14 (i) emergency or fire equipment that is necessary to the 15 preservation of life or property; 16 (ii) farm vehicles that are controlled and operated by a 17 farmer; used to transport agricultural products, farm machinery, or farm 18 supplies to or from that farmer's farm; not used in the operations of a 19 common or contract motor carrier; and used within 150 miles of the 20 farmer's farm; and 21 (iii) recreational vehicles used exclusively for purposes 22 other than commercial purposes; 23 * Sec. 28. AS 28.40.100(a)(3) is amended to read: 24 (3) "commercial purposes" means activities for which a person receives 25 direct monetary compensation or activities for which a person receives no direct 26 monetary compensation but that are incidental to and done in furtherance of the 27 person's [PRIMARY] business; 28 * Sec. 29. AS 28.10.108(b) and 28.10.108(c) are repealed. 29 * Sec. 30. This Act takes effect July 1, 1996.