SCS CSHB 404(RLS): "An Act relating to the regulation of commercial vehicles; relating to the temporary registration of out-of-state commercial vehicles; relating to registration fees for commercial vehicles and for certain noncommercial pick-up trucks and vans; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 404(RLS) 01 "An Act relating to the regulation of commercial vehicles; relating to the 02 temporary registration of out-of-state commercial vehicles; relating to registration 03 fees for commercial vehicles and for certain noncommercial pick-up trucks and 04 vans; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 19.10.300 is amended by adding a new subsection to read: 07 (g) When operating a commercial motor vehicle or motor vehicle for which 08 security is required under (a) of this section, a person shall carry proof of insurance 09 and, if involved in an accident with another person, shall display the proof of insurance 10 to the other person. In this subsection, "proof of insurance" means a 11 (1) certificate of self-insurance acceptable to the department; 12 (2) card issued by an insurer described in (b)(1) of this section that 13 indicates that insurance has been procured as required by this section, that contains a 14 local or toll-free telephone number for filing or receiving claim information, and that
01 indicates the name and address of the insurer; or 02 (3) copy of the surety bond described in (b)(2) of this section. 03 * Sec. 2. AS 19.10.310 is amended to read: 04 Sec. 19.10.310. Commercial motor vehicle safety inspections. A commercial 05 motor vehicle may not be operated [AFTER JANUARY 1, 1986] without a certificate 06 of inspection. An owner or operator of a commercial motor vehicle shall renew a 07 certificate of inspection at least annually. An owner or operator of a commercial 08 motor vehicle shall provide proof of annual inspection upon demand of a peace 09 officer or employee of the department authorized by the commissioner to enforce 10 this section [SEMI-ANNUALLY AT AN OFFICIAL INSPECTION STATION 11 UNDER AS 19.10.320. THE OWNER MAY RENEW A CERTIFICATE OF 12 INSPECTION AT ANY TIME DURING THE OFFICE HOURS OF THE 13 INSPECTION STATION. AN OWNER OF A COMMERCIAL MOTOR VEHICLE 14 SHALL DISPLAY A CURRENT STICKER OF INSPECTION VISIBLE FROM 15 OUTSIDE THE VEHICLE IN A LOCATION DETERMINED BY THE 16 DEPARTMENT]. 17 * Sec. 3. AS 19.10.340 is repealed and reenacted to read: 18 Sec. 19.10.340. Issuance of certificate of inspection. A person conducting 19 annual commercial motor vehicle inspections shall issue a certificate of inspection to 20 the owner or operator after determining that the motor vehicle is in a safe and 21 mechanically sound condition as required by law. The owner or operator of a 22 commercial motor vehicle shall keep a record of the annual inspection of the vehicle. 23 * Sec. 4. AS 19.10.370 is amended to read: 24 Sec. 19.10.370. Regulations. The commissioner shall adopt [PROCEDURAL] 25 regulations [APPROPRIATE TO ACHIEVE COMPATIBILITY WITH OTHER 26 WESTERN STATES AND PROCEDURAL REGULATIONS NECESSARY] to 27 implement AS 19.10.310 - 19.10.399. 28 * Sec. 5. AS 19.10 is amended by adding a new section to read: 29 Sec. 19.10.375. Impoundment. (a) If a peace officer or an employee of the 30 department authorized by the commissioner to issue citations finds a commercial motor 31 vehicle in operation without a current and valid certificate of inspection under this
01 chapter, the commercial motor vehicle may be impounded. The commercial motor 02 vehicle may not be released from impoundment until 03 (1) a current and valid certificate of inspection under this chapter has 04 been provided for the commercial motor vehicle; and 05 (2) any impoundment fees or charges have been paid. 06 (b) The department may adopt regulations to charge fees to recover costs of 07 implementation of this section, including costs of impoundment. 08 * Sec. 6. AS 19.10.399(1) is amended to read: 09 (1) "commercial motor vehicle" means a self-propelled or towed 10 [MOTOR] vehicle [OR A COMBINATION OF A MOTOR VEHICLE AND ONE OR 11 MORE OTHER VEHICLES] 12 (A) used to transport passengers or property for commercial 13 purposes ; 14 (B) used upon a highway or vehicular way; and 15 (C) that 16 (i) has a gross vehicle weight rating or gross 17 combination weight rating greater than 10,000 pounds; 18 (ii) is designed to transport more than 15 passengers, 19 including the driver; or 20 (iii) is used in the transportation of materials found by 21 the United States Secretary of Transportation to be hazardous for 22 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 23 Act); 24 (D) except that the following vehicles meeting the criteria in 25 (A) - (C) of this paragraph are not commercial motor vehicles: 26 (i) emergency or fire equipment that is necessary to the 27 preservation of life or property; 28 (ii) farm vehicles that are controlled and operated by a 29 farmer; used to transport agricultural products, farm machinery, or farm 30 supplies to or from that farmer's farm; not used in the operations of a 31 common or contract motor carrier; and used within 150 miles of the
01 farmer's farm; 02 (iii) school buses; 03 (iv) vehicles owned and operated by the federal 04 government unless the vehicle is used to transport property of the 05 general public for compensation in competition with other persons who 06 own or operate a commercial motor vehicle subject to AS 19.10.310 - 07 19.10.399, and except to the extent that regulation of vehicles operated 08 by the federal government is permitted by federal law; and 09 (v) vehicles used exclusively for purposes other than 10 commercial purposes; 11 * Sec. 7. AS 28.10.021(c) is amended to read: 12 (c) An employee of the department who processes an application for 13 registration or renewal of registration, other than an application received by mail or 14 an application for registration under AS 28.10.152 , shall ask the applicant orally 15 whether the applicant wishes to execute an anatomical gift or a living will. The 16 department shall make known to all applicants the procedure for executing a gift under 17 AS 13.50 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living 18 Wills and Do Not Resuscitate Orders) by displaying posters in the offices in which 19 applications are taken, by providing a brochure or other written information to each 20 person who applies in person or by mail, and, if requested, by providing oral advice. 21 * Sec. 8. AS 28.10.041(a) is amended to read: 22 (a) The department may refuse to register a vehicle if 23 (1) the application contains a false or fraudulent statement; 24 (2) the applicant fails to furnish information required by the 25 department; 26 (3) the applicant is not entitled to the issuance of a certificate of title 27 or registration under this chapter; 28 (4) the vehicle is determined to be mechanically unsafe to be driven or 29 moved on a highway, vehicular way or area, or other public property in the state; 30 (5) the department has reasonable grounds to believe that the vehicle 31 was stolen or fraudulently acquired or that the granting of registration would be a fraud
01 against the rightful owner or other person having a valid lien upon the vehicle; 02 (6) the registration of the vehicle has been suspended or revoked for 03 any reason under the laws of the state; 04 (7) the required fees or taxes have not been paid; 05 (8) the vehicle or applicant fails to comply with this chapter or 06 regulations implementing this section; 07 (9) the vehicle is without a certificate of inspection required under 08 AS 19.10.310; 09 (10) except for a vehicle to be registered under AS 28.10.152, the 10 vehicle is subject to a state-approved emission inspection program adopted under 11 AS 46.14.400 or 46.14.510, and the vehicle does not meet the standards of that 12 program, unless the vehicle uses a fuel source that does not primarily emit carbon 13 monoxide; 14 (11) the applicant fails to certify to the department the existence of a 15 motor vehicle liability policy that complies with AS 28.22.101 for the vehicle being 16 registered unless the owner of the vehicle qualifies as a self-insurer under 17 AS 28.20.400 or is exempted from obtaining liability insurance under AS 28.22.011. 18 * Sec. 9. AS 28.10.041(c) is amended to read: 19 (c) Except for a vehicle to be registered under AS 28.10.152, the [THE] 20 department shall refuse to register a vehicle subject to the federal heavy vehicle use 21 tax required by 26 U.S.C. 4481 (Internal Revenue Code of 1954) if the applicant fails 22 to furnish proof, in the form prescribed by the United States [U.S.] Secretary of the 23 Treasury, that the tax has been paid. 24 * Sec. 10. AS 28.10.108(a) is amended to read: 25 (a) Except for a vehicle registered under AS 28.10.152, a [A] vehicle 26 required to be registered under this chapter shall be registered under the procedures set 27 out in this section. 28 * Sec. 11. AS 28.10.121(a) is amended to read: 29 (a) A nonresident owner of a noncommercial vehicle registered outside the 30 state is exempt from the registration provisions of this chapter for 60 days after entry 31 into the state if the vehicle at all times when driven in this state is registered in and
01 has displayed upon it a currently valid registration plate issued for it by another 02 jurisdiction. However, if the person becomes gainfully employed in the state or takes 03 action that indicates an intention to acquire residence in the state, the person shall 04 comply with the licensing and registration provisions of this chapter within 10 days 05 of commencement of employment or of taking action that indicates the person's 06 intention to acquire residence. If the vehicle is a commercial vehicle, the vehicle must 07 be registered when its commercial use begins except as provided in AS 28.10.011 , 08 [AND] 28.10.131(c) , and 28.10.152 . 09 * Sec. 12. AS 28.10.131(a) is amended to read: 10 (a) Except for a vehicle to be registered under AS 28.10.152, if [IF] a 11 vehicle to be registered under this chapter is previously registered outside the state, the 12 jurisdiction of registry shall be stated in the application, and the owner shall surrender 13 to the department all evidence of out-of-state registration in the owner's possession or 14 control except as provided in this section [OR AS 28.10.141], and the department may 15 require verification of the vehicle identification number. 16 * Sec. 13. AS 28.10.131(c) is amended to read: 17 (c) Except as provided in AS 28.10.152, if [IF] the owner of a commercial 18 vehicle desires to maintain title in another jurisdiction, the department, when satisfied 19 that the applicant is temporarily operating in-state and is the lawfully registered owner 20 of the commercial vehicle, may register the commercial vehicle without issuing a title 21 and shall type or stamp on the face of the State of Alaska certificate of registration 22 "No Title Issued." 23 * Sec. 14. AS 28.10 is amended by adding a new section to read: 24 Sec. 28.10.152. Certificates of temporary registration for certain 25 commercial vehicles. (a) If a commercial vehicle registered outside the state enters 26 the state and is not to be registered under AS 28.10.121, 28.10.131, or another 27 provision of this chapter, it must be temporarily registered under the provisions of this 28 section. 29 (b) For a commercial vehicle to be registered under this section, the operator 30 of the vehicle must provide proof of valid registration of the vehicle in another 31 jurisdiction and any other documentation required by the department by regulation.
01 Upon receipt of the proof of registration, any other required documentation, and 02 payment of the applicable fee under (d) of this section, the department or the 03 department's designee may issue a certificate of temporary registration, valid for 30 04 days, for the commercial vehicle. The certificate of temporary registration must state 05 the date of issuance and the expiration date. 06 (c) A certificate of temporary registration under this section may be issued for 07 a commercial vehicle even if a certificate of temporary registration has previously been 08 issued for the vehicle and has expired. 09 (d) The fee for a certificate of temporary registration under this section is 10 (1) for a truck or a truck tractor, $350; 11 (2) for a commercial bus, $350; 12 (3) for all other commercial vehicles, including a trailer or a semi- 13 trailer, $10. 14 (e) Fees collected under this section may be appropriated by the legislature to 15 the Department of Transportation and Public Facilities for programs related to 16 commercial vehicles, including the administration and operation of weigh stations and 17 commercial vehicle safety programs. 18 * Sec. 15. AS 28.10.161(a) is amended to read: 19 (a) Except for a vehicle registered under AS 28.10.152, the [THE] 20 department, upon registering a vehicle, shall issue the owner one fully reflectorized 21 registration plate for a trailer or a motorcycle and two fully reflectorized registration 22 plates for every other vehicle. Except as specifically provided in AS 28.10.181, the 23 plate or plates must remain with the vehicle as long as the vehicle is subject to 24 registration under this chapter. 25 * Sec. 16. AS 28.10.201(a) is amended to read: 26 (a) Except as otherwise provided in (b) of this section or in AS 28.10.131 and 27 28.10.152 [28.10.141], every owner of a vehicle subject to registration in this state 28 shall apply for a certificate of title under this chapter. 29 * Sec. 17. AS 28.10.201(d) is amended to read: 30 (d) Except for vehicles registered under AS 28.10.131(b) or (c) or 28.10.152 31 [AND 28.10.141], the department may not register a vehicle unless the applicant for
01 registration at the same time applies for and obtains a certificate of title under this 02 chapter [,] or presents satisfactory evidence that a certificate of title was previously 03 issued to the applicant. The department may not accept the application for the original 04 certificate of registration or title to a vehicle unless the vehicle is in the state at the 05 time of application. However, the department may accept an application for 06 registration and certificate of title for a vehicle that is not in the state when the 07 application is made by a registered and bonded dealer or by a resident of the state 08 when the application is accompanied by a manufacturer's statement of origin [,] or , in 09 the case of a used vehicle, when the application is accompanied by a certificate of title 10 issued in another jurisdiction. 11 * Sec. 18. AS 28.10.421(b) is amended to read: 12 (b) The biennial registration fees under this subsection are imposed within the 13 following classifications for [:] 14 (1) a passenger vehicle or motor home not used or maintained for the 15 transportation of persons or property for hire or for other commercial use . . . $68; 16 (2) a pick-up truck or a van not exceeding 10,000 [6,000] pounds 17 unladen weight and not registered in the name of a company or business [USED OR 18 MAINTAINED FOR THE TRANSPORTATION OF PERSONS OR PROPERTY FOR 19 HIRE OR FOR OTHER COMMERCIAL USE]. . . . . . . . . . . . . . . . . . . . . . . . $78; 20 (3) a taxicab. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$138; 21 (4) a motor bus with a seating capacity for 20 or more persons and 22 used exclusively for commercial purposes in the transporting of visitors or 23 tourists. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$168; 24 (5) a motorcycle or a motor-driven cycle . . . . . . . . . . . . . . . . . . $38; 25 (6) a trailer not used or maintained for the transportation of persons or 26 property for hire or for other commercial use, including, but not limited to, a boat 27 trailer, baggage trailer, box trailer, utility trailer, house trailer, travel trailer, or a trailer 28 rented or offered for rent . . . . . . . . . . . . . . . . . . . . . . . . . . . $10. 29 * Sec. 19. AS 45.75.131(a) is amended to read: 30 (a) A peace officer or an employee of the Department of Transportation and 31 Public Facilities who is authorized by the commissioner of transportation and public
01 facilities to enforce this chapter may issue a citation to a person who 02 (1) violates a weight, size, or load limitation adopted by the Department 03 of Transportation and Public Facilities under AS 19.10.060; 04 (2) violates the terms of an overweight or oversize vehicle permit 05 issued under AS 19.10.060(b); 06 (3) violates a regulation adopted under AS 19.10.060(b) or (c), 07 AS 28.05.011(a)(2) , or [UNDER AS 19.10.060(b) AND] AS 45.75.050(b)(5); or 08 (4) commits a violation identified under AS 45.75.380. 09 * Sec. 20. AS 45.75.380(a) is amended to read: 10 (a) A person commits a violation subject to the penalty specified in 11 AS 12.55.035(b)(5) if the person does one or more of the following acts: 12 (1) uses or has in possession for the purpose of using for a commercial 13 purpose specified in AS 45.75.080, sells, offers, or exposes for sale, or hire, or has in 14 possession for the purpose of selling or hiring, an incorrect weight or measure or a 15 device or instrument used to or calculated to falsify a weight or measure; 16 (2) uses or has in possession for current use, in buying or selling a 17 commodity or thing, or for hire or award, or in the computation of a basic charge or 18 payment for services rendered on the basis of weight or measurement, or in the 19 determination of weight or measurement when a charge is made for determination, a 20 weight or measure that has not been tested and sealed by the appropriate authority 21 within one year, unless 22 (A) the person gives written notice to the appropriate authority 23 to the effect that the weight or measure is available for examination, or is due 24 for reexamination, as the case may be; 25 (B) the person receives specific written permission to use the 26 weight or measure from the appropriate authority; or 27 (C) the weight or measure is exempt from sealing or annual 28 testing requirements by AS 45.75.080 or by a regulation adopted under 29 AS 45.75.050; 30 (3) disposes of a rejected or condemned weight or measure in a manner 31 contrary to law or regulation;
01 (4) removes from a weight or measure, contrary to law or regulation, 02 a tag, seal, or mark placed on it by the appropriate authority; 03 (5) sells or offers for sale less than the quantity the person represents 04 of a commodity, thing, or service; 05 (6) takes more than the quantity the person represents of a commodity, 06 thing, or service when, as buyer, the person furnished the weight or measure that the 07 seller used to determine the amount of the commodity, thing, or service; 08 (7) keeps for the purpose of sale, advertises, or offers for sale, or sells 09 a commodity, thing, or service in a condition or manner contrary to law or regulation; 10 (8) uses in retail trade, except in the preparation of packages put up in 11 advance of sale and of medical prescriptions, a weight or measure that is not so 12 positioned that a customer may accurately read, from a position that may reasonably 13 be assumed by a customer, its indications and observe the weighing or measuring 14 operation; 15 (9) hinders or obstructs the director, an inspector, a sealer, or a deputy 16 sealer in the performance of official duties under this chapter; 17 (10) violates a provision of an overweight or oversize vehicle permit 18 issued under AS 19.10.060(b); 19 (11) violates a weight, load, or size limitation established under 20 AS 19.10.060 or a regulation adopted under AS 19.05.020, AS 19.10.060 21 [AS 19.10.060(b)], or AS 45.75.050(b)(5); 22 (12) violates a provision of this chapter or a regulation adopted under 23 this chapter for which a specific penalty is not prescribed. 24 * Sec. 21. AS 19.10.320, 19.10.330, 19.10.350, 19.10.360; AS 28.10.011(9), and 28.10.141 25 are repealed. 26 * Sec. 22. TRANSITION: REGULATIONS. The Department of Administration and the 27 Department of Transportation and Public Facilities may proceed to adopt regulations necessary 28 to implement their respective provisions of this Act. The regulations take effect under 29 AS 44.62 (Administrative Procedure Act), but not before the effective date of secs. 1 - 17 and 30 19 - 21 of this Act. 31 * Sec. 23. TEMPORARY REGISTRATION FEES. From January 1, 1999, through
01 March 30, 1999, in lieu of registration fees imposed under AS 28.10.421(c) and (h), 02 (1) biennial vehicle registration fees under this paragraph are imposed and are 03 based upon the actual unladen weight as established by the manufacturer's advertised weight 04 or upon the actual weight, which the owner shall furnish, subject to the approval of the 05 commissioner of administration or the commissioner's representative, for a vehicle, including 06 a motor vehicle pulling a trailer or semi-trailer, that is registered in the name of a company 07 or business or is used or maintained for the transportation of passengers for hire, excepting 08 taxicabs and buses under AS 28.10.421(b), or for the transportation of property for hire or for 09 other commercial purposes, including a truck, wrecker, tow car, hearse, ambulance, and 10 tractor, as follows: 11 (A) up to and including 5,000 pounds . . . . . . . . . . . . . . . . . . . .$158; 12 (B) more than 5,000 pounds to and including 13 12,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$246; 14 (C) more than 12,000 pounds to and including 15 18,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$494; 16 (D) more than 18,000 pounds . . . . . . . . . . . . . . . . . . . . . . . .$640; 17 (2) annual registration fees under this paragraph for vehicles used for 18 commercial purposes and not registered biennially under (1) of this section are imposed and 19 are based upon the actual unladen weight as established by the manufacturer's advertised 20 weight or upon the actual weight, which the owner shall furnish, subject to the approval of 21 the commissioner of administration or the commissioner's representative, as follows: 22 (A) up to and including 5,000 pounds . . . . . . . . . . . . . . . . . . . .$ 80; 23 (B) more than 5,000 pounds to and including 24 12,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$124; 25 (C) more than 12,000 pounds to and including 26 18,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$248; 27 (D) more than 18,000 pounds . . . . . . . . . . . . . . . . . . . . . $321; and 28 (3) a one-time registration fee of $10 is imposed upon initial registration for 29 a trailer or semi-trailer used for commercial purposes. 30 * Sec. 24. Sections 18 and 22 of this Act take effect immediately under AS 01.10.070(c). 31 * Sec. 25. Section 23 of this Act takes effect January 1, 1999.
01 * Sec. 26. Except as provided in secs. 24 and 25 of this Act, this Act takes effect July 1, 02 1998.