HB 231: "An Act relating to regulation of snowmobiles."

00HOUSE BILL NO. 231 01 "An Act relating to regulation of snowmobiles." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 05.30.010 is repealed and reenacted to read: 04  Sec. 05.30.010. Snowmobile registration. (a) Except as provided in (d) of 05 this section, a person may not operate a snowmobile within the state unless the 06 snowmobile has been registered and numbered as required by this chapter. The 07 division is authorized to assign identification numbers and register snowmobiles. 08  (b) The division shall employ snowmobile agents, including dealers and 09 licensing agents, to register snowmobiles. An agent may accept a registration 10 application, may issue a temporary registration, and shall forward the application to 11 the division. A snowmobile dealer employed as a licensing agent for snowmobile 12 registration by the division may be authorized to issue renewal registrations and may 13 retain a commission of up to $1, as authorized by the division, for each registration 14 issued.

01  (c) For all or any part of a year beginning October 1 and ending September 30, 02 the original and each renewal registration fee for a snowmobile shall be as provided 03 under AS 28.10.421. 04  (d) A snowmobile dealer shall require a purchaser of a new or used 05 snowmobile sold at retail from the dealer's inventory to complete a registration 06 application and pay the registration fee before the snowmobile leaves the dealer's 07 premises unless the snowmobile is purchased for use exclusively outside of this state 08 or is otherwise exempt by law from this subsection. 09  (e) A registration certificate may be issued without the payment of a fee if the 10 snowmobile is owned by the state or a political subdivision of the state. 11  (f) Registration under this section is not required for a snowmobile 12  (1) owned by an agency of the United States or another state; 13  (2) used strictly on private property for private, noncommercial 14 purposes; 15  (3) used only in sanctioned snowmobile races; or 16  (4) used exclusively in communities exempt from motor vehicle 17 registration under AS 28.10.011. 18  (g) A snowmobile registration expires at the end of the second season for 19 which it is issued. An application for renewal of registration for the succeeding years 20 must be made at a time and in a form prescribed by the division. 21 * Sec. 2. AS 05.30 is amended by adding a new section to read: 22  Sec. 05.30.021 Proof of ownership for registration purposes. The division 23 shall require proof of ownership of the snowmobile before registering a snowmobile 24 under this chapter. 25 * Sec. 3. AS 05.30 is amended by adding a new section to read: 26  Sec. 05.30.031. Issuance of registration. (a) Upon receipt of a completed 27 application for registration of a snowmobile, the division shall record the registration 28 of the snowmobile under the number assigned to it. A number assigned to a 29 snowmobile at the time of the original registration must remain with the snowmobile 30 until the snowmobile is destroyed, abandoned, or permanently removed from the state 31 or until the registration number is changed or terminated by the division.

01  (b) The division shall, upon assignment of a registration number, issue and 02 deliver to the owner a registration in a form prescribed by the division. A registration 03 is not valid unless it is signed by the person who signed the application for 04 registration. In the event of the loss, mutilation, or destruction of the registration, the 05 owner of the registered snowmobile may file a statement and proof of facts that the 06 division may require for the issuance of a replacement registration. 07  (c) At the time of the original registration or a biennial renewal, the division 08 shall issue to the registrant a validation decal indicating the validity of the current 09 registration and the expiration date. A validation decal must be affixed to the 10 snowmobile in the manner prescribed by the division. Notwithstanding the fact that 11 a snowmobile has been assigned an identifying number, a snowmobile is not 12 considered to be validly registered within the meaning of this section unless a 13 validation decal and current registration have been issued as required by this section. 14  (d) If a snowmobile does not comply with the equipment provisions 15 established under AS 05.30.080, the division may refuse to register the snowmobile. 16 The registration number assigned to a snowmobile shall be displayed on the vehicle 17 at all times in the manner prescribed by the division. 18  (e) A person, while operating a snowmobile in this state that is required to be 19 registered under this chapter, shall have in the person's possession or carry in the 20 snowmobile valid registration. Upon demand of a peace officer authorized to enforce 21 this chapter, a person operating a snowmobile shall produce for inspection the 22 registration for the snowmobile and furnish to the peace officer any information 23 necessary for the identification of the snowmobile and its owner. A snowmobile 24 owner holding a registration required under this chapter shall notify the division in 25 writing of a change of residence within 15 days after the change occurs. 26 * Sec. 4. AS 05.30.050 is repealed and reenacted to read: 27  Sec. 05.30.050. Transfer or other termination of ownership. (a) When the 28 use of a snowmobile for which a registration has been issued is permanently 29 discontinued, the termination of ownership section of the registration shall be properly 30 filled out, signed, and returned to the division within 15 days after discontinuance of 31 use.

01  (b) If there is a change of ownership of a snowmobile for which a registration 02 has been issued, the seller shall properly fill out the "transfer of ownership" section of 03 the registration, sign over the registration to the new owner, and, within 10 days 04 following the change of ownership, notify the department of the change by delivering 05 or mailing a form provided by the division. The new owner shall apply for a new 06 registration from the division. If a snowmobile is purchased from a dealer, the 07 ownership application must be accompanied by a dealer's form, as prescribed by the 08 division, numbered, completed, and signed by the dealer or the dealer's agent and by 09 the purchaser. 10  (c) An owner of a snowmobile registered under this chapter shall notify the 11 division in writing of the destruction, theft, or permanent removal of the snowmobile 12 from the state within 15 days after the destruction, theft, or removal. In the event of 13 destruction the owner shall surrender the registration with the notice required under 14 this subsection. 15 * Sec. 5. AS 05.30 is amended by adding a new section to article 2 to read: 16 Sec. 05.30.060. Regulations authorized. The division shall adopt 17  (1) regulations for registration of snowmobiles and display of 18 registration numbers; 19  (2) in cooperation with appropriate federal agencies, uniform maps and 20 signs to control, direct, or regulate the operation and use of snowmobiles; 21  (3) regulations for the use of snowmobiles, consistent with the 22 provisions of this chapter. 23 * Sec. 6. AS 05.30.070 is repealed and reenacted to read: 24  Sec. 05.30.070. Regulation by political subdivision. A city of any class, or 25 an organized borough in the area outside cities, may, by ordinance, regulate the use 26 and operation of snowmobiles on public land, water, and property under its jurisdiction 27 and on streets and highways within its boundaries if the regulation is consistent with 28 the provisions of this chapter. 29 * Sec. 7. AS 05.30.080(a) is amended to read: 30  (a) A snowmobile [SNOW VEHICLE] must contain the following equipment: 31  (1) brakes adequate to control the movement of and to stop and to hold

01 the vehicle under normal conditions of operation; 02  (2) at least one lighted head lamp so aimed and of sufficient intensity 03 to reveal persons and objects at a distance of at least 100 feet ahead during hours of 04 darkness under normal atmospheric conditions and one lighted tail light; 05  (3) a throttle that, when released by the hand, will return the engine 06 speed to idle; 07  (4) an exhaust muffler that emits a noise level not higher than the 08 maximum decibel level prescribed by the manufacturer for the vehicle; this 09 paragraph does not apply to a snowmobile being operated in a racing event [IN 10 GOOD WORKING ORDER]. 11 * Sec. 8. AS 05.30.100 is amended to read: 12  Sec. 05.30.100. Reporting of accidents. The operator of a snowmobile 13 [SNOW VEHICLE] involved in an accident resulting in injury to, or death of a person, 14 or property damage other than to the operator's snow vehicle the estimated amount of 15 which is $500 [$100] or more, shall immediately, by the quickest means of 16 communication, give notice of the accident to the nearest state trooper or city police 17 officer. 18 * Sec. 9. AS 05.30.120 is repealed and reenacted to read: 19  Sec. 05.30.120. Definitions. In this chapter, 20  (1) "dealer" means a person engaged in the business of selling 21 snowmobiles at wholesale or retail in this state; 22  (2) "division" means the division in the Department of Natural 23 Resources that has authority over parks and outdoor recreation; 24  (3) "operate" means to ride in or on and control the operation of a 25 snowmobile; 26  (4) "operator" means a person who operates or is in actual physical 27 control of a snowmobile; 28  (5) "owner" means a person, other than a lienholder, having title to a 29 snowmobile and who is entitled to the use or possession of the snowmobile; 30  (6) "possession" means physical custody of a snowmobile by an owner 31 of a snowmobile or by an owner of a motor vehicle or trailer on or in which a

01 snowmobile is placed for the purpose of transport; 02  (7) "snowmobile" means a self-propelled vehicle primarily designed or 03 altered for travel on snow or ice when supported in part by skis, belts, or cleats; 04 "snowmobile" does not include machinery used strictly for the grooming of 05 snowmobile trails or ski slopes. 06 * Sec. 10. AS 05.30.020, 05.30.030, 05.30.040, and 05.30.080(b) are repealed.