CSHB 231(JUD): "An Act relating to regulation of snowmobiles."

00CS FOR HOUSE BILL NO. 231(JUD) 01 "An Act relating to regulation of snowmobiles." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28 is amended by adding a new chapter to read: 04 Chapter 39. Snowmobiles. 05  Sec. 28.39.010. Snowmobile registration. Except as provided in this section, 06 a person may not operate a snowmobile within the state unless the snowmobile has 07 been registered and numbered as required by this chapter. Registration under this 08 section is not required for a snowmobile owned by the United States. 09  Sec. 28.39.020. Authority of department; registration agents; registration 10 applications. (a) The department is authorized to assign identification numbers and 11 register snowmobiles. 12  (b) The department shall authorize agents, including snowmobile dealers, to 13 register snowmobiles. The department may authorize a snowmobile dealer authorized 14 as an agent for snowmobile registration to issue temporary and permanent registrations,

01 and to renew registrations. 02  (c) A snowmobile dealer shall require a purchaser of a new or used 03 snowmobile sold at retail to complete a registration application and pay the registration 04 fee before the snowmobile leaves the dealer's premises unless the snowmobile is 05 exempt from registration or a registration fee under this chapter. 06  (d) In a manner set out in this chapter and as may be prescribed by the 07 department, an authorized agent shall accept a registration application and registration 08 fee, issue a registration, and forward the application and registration fee to the 09 department. 10  (e) The original and each renewal registration fee for a snowmobile is as 11 provided under AS 28.10.421. 12  Sec. 28.39.030. Proof of ownership for registration purposes. The 13 department shall require proof of ownership of the snowmobile before registering a 14 snowmobile under this chapter. 15  Sec. 28.39.040. Issuance of a certificate of registration and decals; 16 inspection of registration; expiration of registration. (a) Upon receipt of a 17 completed application for registration of a snowmobile, the department shall record the 18 registration of the snowmobile under a number assigned to the snowmobile by the 19 department. A number assigned to a snowmobile at the time of the original 20 registration must remain with the snowmobile until the snowmobile is destroyed, 21 abandoned, or permanently removed from the state or until the registration number is 22 changed or terminated by the department. 23  (b) The department shall issue a registration without the payment of a fee if 24 the snowmobile is owned by a state agency, a political subdivision of the state, or 25 another state. The department may, upon request, issue a registration without the 26 payment of a fee if the snowmobile is owned by the United States. 27  (c) The department shall, upon assignment of a registration number, issue and 28 deliver to the owner a certificate of registration in a form prescribed by the 29 department. A certificate of registration is not valid unless it is signed by the person 30 who signed the application for registration. 31  (d) At the issuance of the original certificate of registration and upon biennial

01 renewal, the department shall issue to the registrant a validation decal indicating the 02 validity of the current registration and the expiration date. A validation decal must be 03 affixed to the snowmobile in the manner prescribed by the department. A snowmobile 04 is not validly registered under this chapter unless a validation decal and current 05 registration have been issued as required by this section. 06  (e) The department may refuse to register a snowmobile if the snowmobile 07 does not comply with the equipment requirements under AS 28.39.070. 08  (f) A snowmobile shall display the registration number assigned to it at all 09 times in the manner prescribed by the department. 10  (g) While operating a snowmobile that is required to be registered under this 11 chapter, a person shall have in possession or carry in the snowmobile a valid 12 registration. Upon demand by a peace officer authorized to enforce this chapter, a 13 person operating a snowmobile shall produce for inspection the certificate of 14 registration for the snowmobile and furnish to the peace officer any information 15 necessary for the identification of the snowmobile and its owner. 16  (h) A snowmobile owner holding a certificate of registration shall notify the 17 department in writing of a change of residence within 15 days after the change occurs. 18  (i) 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 department. 21  (j) The department may issue a replacement certificate of registration if the 22 owner demonstrates to the department that the original certificate has been lost, 23 mutilated, or destroyed. 24  Sec. 28.39.050. Termination of ownership; used snowmobiles held for 25 resale; termination of use. (a) If there is a change of ownership of a snowmobile, 26 the seller and buyer shall fill out the transfer of ownership section of the registration, 27 and the seller shall sign over the registration to the new owner. The seller shall 28 promptly submit the transfer of ownership section to the department, and the 29 department shall issue a new certificate of registration to the new owner. 30  (b) This chapter does not require a snowmobile dealer to renew the registration 31 of a used snowmobile held solely for purposes of resale until the snowmobile is resold.

01  (c) An owner of a snowmobile registered under this chapter shall notify the 02 department in writing of the termination of use, destruction, or permanent removal of 03 the snowmobile from the state within 15 days after the termination of use, destruction, 04 or removal. 05  Sec. 28.39.060. Regulations authorized. The commissioner shall adopt 06 regulations governing the registration of snowmobiles and display of registration 07 numbers on snowmobiles as may be necessary to carry out this chapter. 08  Sec. 28.39.070. Equipment required. (a) A snowmobile must contain the 09 following equipment: 10  (1) brakes adequate to control the movement of and to stop and to hold 11 the vehicle under normal conditions of operation; 12  (2) at least one automatically illuminating head lamp that is aimed and 13 is of sufficient intensity to reveal persons and objects at a distance of at least 100 feet 14 ahead during hours of darkness under normal atmospheric conditions and one 15 automatically illuminated tail light; 16  (3) a throttle that, when released by the hand, will return the engine 17 speed to idle; 18  (4) an exhaust muffler that emits a noise level not higher than the 19 maximum decibel level prescribed by the manufacturer for the snowmobile. 20  (b) The provisions of (a)(4) of this section do not apply to a snowmobile while 21 the snowmobile is operated in a racing event permitted under AS 05.90.001. 22  Sec. 28.39.080. Reporting of accidents. The operator of a snowmobile 23 involved in an accident resulting in injury to or death of a person, or property damage 24 other than to the operator's snowmobile, the estimated amount of which is $500 or 25 more, shall immediately, by the quickest means of communication, give notice of the 26 accident to the nearest state trooper or municipal police officer. 27 Sec. 28.39.250. Definitions. In this chapter, 28  (1) "commissioner" means the commissioner of administration; 29  (2) "dealer" means a person engaged in the business of selling 30 snowmobiles predominantly for purposes other than resale; 31  (3) "department" means the Department of Administration;

01  (4) "operate" means to ride in or on and control the operation of a 02 snowmobile; 03  (5) "operator" means a person who operates or is in actual physical 04 control of a snowmobile; 05  (6) "owner" means a person, other than a lienholder, having title to a 06 snowmobile and who is entitled to the use or possession of the snowmobile; 07  (7) "possession" means physical custody of a snowmobile by an owner 08 of a snowmobile or by an owner of a motor vehicle or trailer on or in which a 09 snowmobile is placed for the purpose of transport; 10  (8) "retail" means the sale of a snowmobile for any purpose other than 11 resale; 12  (9) "season" means one calendar year beginning October 1 and ending 13 September 30; 14  (10) "snowmobile" means a self-propelled vehicle primarily designed 15 or altered for travel on snow or ice when supported in part by skis, belts, or cleats; 16 "snowmobile" does not include machinery used strictly for the grooming of 17 snowmobile trails or ski slopes. 18 * Sec. 2. AS 05.30 is repealed.