00CS FOR HOUSE BILL NO. 343(TRA)                                                                                        
01 "An Act excluding certain motor vehicles from the definition of commercial motor                                        
02 vehicle."                                                                                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 28.40.100(a)(2) is amended to read:                                                               
05   (2)  "commercial motor vehicle" means a motor vehicle or a                                                           
06 combination of a motor vehicle and one or more other vehicles                                                           
07   (A)  used to transport passengers or property;                                                                      
08   (B)  used upon a land highway or vehicular way; and                                                                 
09   (C)  that                                                                                                           
10   (i)  has a gross vehicle weight rating or gross                                                                    
11 combination weight rating greater than 26,000 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                                                         

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;  or                                                                                    
15   (iv)  special mobile equipment not intended to be used                                                             
16 to transport passengers or property on a highway or vehicular way                                                       
17 that is being driven on a highway or vehicular way in order to                                                          
18 relocate the equipment to a job site, and the job site is within 150                                                    
19 miles of the equipment owner's principal place of business; in this                                                     
20 sub-subparagraph, "special mobile equipment" has the meaning                                                            
21 given by the department by regulation;