CSHB 83(STA): "An Act relating to regulation of commercial vehicles; and providing for an effective date."
00CS FOR HOUSE BILL NO. 83(STA) 01 "An Act relating to regulation of commercial vehicles; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 19.10.310 is amended to read: 05 Sec. 19.10.310. Commercial motor vehicle safety inspections. A commercial 06 motor vehicle may not be operated [AFTER JANUARY 1, 1986] without a certificate 07 of inspection. An owner or operator of a commercial motor vehicle shall renew a 08 certificate of inspection at least annually as required by law. An owner or operator 09 of a commercial motor vehicle shall provide proof of annual inspection upon 10 demand of a peace officer or employee of the department authorized by the 11 commissioner to enforce this section [SEMI-ANNUALLY AT AN OFFICIAL 12 INSPECTION STATION UNDER AS 19.10.320. THE OWNER MAY RENEW A 13 CERTIFICATE OF INSPECTION AT ANY TIME DURING THE OFFICE HOURS 14 OF THE INSPECTION STATION. AN OWNER OF A COMMERCIAL MOTOR
01 VEHICLE SHALL DISPLAY A CURRENT STICKER OF INSPECTION VISIBLE 02 FROM OUTSIDE THE VEHICLE IN A LOCATION DETERMINED BY THE 03 DEPARTMENT]. 04 * Sec. 2. AS 19.10.340 is repealed and reenacted to read: 05 Sec. 19.10.340. Issuance of certificate of inspection. A person conducting 06 annual commercial motor vehicle inspections under AS 19.10.310 shall issue a 07 certificate of inspection to the owner or operator after determining the motor vehicle 08 is in a safe and mechanically sound condition as required by law. The owner or 09 operator of a commercial motor vehicle shall keep a record of the annual inspection 10 of the vehicle. A peace officer or employee of the department authorized by the 11 commissioner to enforce AS 19.10.310 - 19.10.399 may audit the records of a person 12 who performs safety inspections at any time during regular business hours. 13 * Sec. 3. AS 19.10 is amended by adding a new section to read: 14 Sec. 19.10.365. Adoption of federal inspection, repair, and maintenance 15 requirements. A person operating a commercial motor vehicle in this state shall 16 comply with the provisions of 49 C.F.R. 396, as those provisions existed on 17 October 31, 1996, regulating the inspection, repair, and maintenance of commercial 18 motor vehicles. For purposes of this section, the term "interstate" as used in 49 C.F.R. 19 396, includes intrastate operation of a commercial motor vehicle. 20 * Sec. 4. AS 19.10.380 is amended to read: 21 Sec. 19.10.380. Civil [CRIMINAL] penalty. Notwithstanding AS 19.45.002 22 and except as provided in (b) of this section, a [A] person who violates a provision 23 of AS 19.10.310 - 19.10.399 is subject to a civil penalty of up to $20,000 [GUILTY 24 OF A CLASS B MISDEMEANOR]. 25 * Sec. 5. AS 19.10.380 is amended by adding a new subsection to read: 26 (b) A person who violates AS 19.10.365 is subject to a civil penalty of up to 27 $500. 28 * Sec. 6. AS 19.10 is amended by adding a new section to read: 29 Sec. 19.10.395. Affirmative defense to prosecution. In a prosecution for a 30 violation of a provision of AS 19.10.310 - 19.10.399, it is an affirmative defense that 31 the act or omission is not a violation under federal law.
01 * Sec. 7. AS 19.10.399(1) is amended to read: 02 Sec. 19.10.399. Definitions. In AS 19.10.300 - 19.10.399, 03 (1) "commercial motor vehicle" means a self-propelled or towed 04 [MOTOR] vehicle [OR A COMBINATION OF A MOTOR VEHICLE AND ONE OR 05 MORE OTHER VEHICLES] 06 (A) used to transport passengers or property for commercial 07 purposes; 08 (B) used upon a highway or vehicular way; and 09 (C) that 10 (i) has a gross vehicle weight rating or gross 11 combination weight rating greater than 10,000 pounds; 12 (ii) is designed to transport more than 15 passengers, 13 including the driver; or 14 (iii) is used in the transportation of materials found by 15 the United States Secretary of Transportation to be hazardous for 16 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 17 Act); 18 (D) except that the following vehicles meeting the criteria in 19 (A) - (C) of this paragraph are not commercial vehicles: 20 (i) emergency or fire equipment that is necessary to the 21 preservation of life or property; 22 (ii) farm vehicles that are controlled and operated by a 23 farmer; used to transport agricultural products, farm machinery, or farm 24 supplies to or from that farmer's farm; not used in the operations of a 25 common or contract motor carrier; and used within 150 miles of the 26 farmer's farm; 27 (iii) school buses; 28 (iv) vehicles owned and operated by the federal 29 government unless the vehicle is used to transport property of the 30 general public for compensation in competition with other persons who 31 own or operate a commercial motor vehicle subject to AS 19.10.310 -
01 19.10.399, and, except to the extent that regulation of vehicles operated 02 by the federal government, is permitted by federal law; and 03 (v) vehicles used exclusively for purposes other than 04 commercial purposes; 05 * Sec. 8. AS 19.10.060(c), 19.10.320, 19.10.330, 19.10.350, 19.10.360, and 19.10.370 are 06 repealed. 07 * Sec. 9. This Act takes effect July 1, 1997.