Enrolled HB 124: Relating to commercial motor vehicle drivers and their employers and to railroad-highway grade crossings; and providing for an effective date.
00Enrolled HB 124 01 Relating to commercial motor vehicle drivers and their employers and to railroad-highway 02 grade crossings; and providing for an effective date. 03 _______________ 04 * Section 1. AS 28.33.120 is amended to read: 05 Sec. 28.33.120. Responsibilities of employers of commercial motor vehicle 06 driver. An employer of a commercial motor vehicle driver 07 (1) shall require an applicant for employment to provide the 08 information required under AS 28.33.110(c); 09 (2) may not knowingly allow, require, permit, assign, or authorize a 10 driver to drive a commercial motor vehicle during a period in which 11 (A) the driver's license is suspended, revoked, or canceled by a 12 state; 13 (B) the driver has lost the privilege to drive a commercial 14 motor vehicle in a state; 15 (C) the driver has been disqualified from driving a commercial
01 motor vehicle; 02 (D) the driver has more than one driver's license; [OR] 03 (E) the driver is not licensed to drive a commercial motor 04 vehicle; or 05 (3) may not knowingly allow, require, permit, assign, or authorize 06 the driver to operate a commercial motor vehicle in violation of a federal or state 07 statute or regulation, or a local law or ordinance, relating to railroad-highway 08 grade crossings. 09 * Sec. 2. AS 28.33.140(a) is amended to read: 10 (a) In addition to the court action provided in AS 28.15.181, conviction of any 11 of the following offenses is grounds for immediate disqualification from driving a 12 commercial motor vehicle for the periods set out in this section: 13 (1) operating a commercial motor vehicle while under the influence of 14 an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.33.030; 15 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 16 (3) operating a motor vehicle while under the influence of an alcoholic 17 beverage, inhalant, or controlled substance in violation of AS 28.35.030; 18 (4) leaving the scene of an accident in violation of AS 28.35.060, or 19 failing to file, or providing false information in, an accident report in violation of 20 AS 28.35.110; 21 (5) a felony under state or federal law, which was facilitated because 22 the person used a commercial motor vehicle; 23 (6) a serious traffic violation; [OR] 24 (7) driving after being placed out of service in violation of regulations 25 adopted under AS 28.05.011; or 26 (8) operating a commercial motor vehicle in violation of a federal 27 or state statute or regulation, or a local law or ordinance, relating to railroad- 28 highway grade crossings. 29 * Sec. 3. AS 28.33.140 is amended by adding a new subsection to read: 30 (k) A court convicting a person of an offense described in (a)(8) of this section 31 shall disqualify that person from operating a commercial motor vehicle for the
01 following periods: (1) if the person has not been previously convicted of violating a 02 federal or state statute or regulation, or a local law or ordinance, relating to railroad- 03 highway grade crossings, not less than 60 days; (2) if the person has been previously 04 convicted once of violating a federal or state statute or regulation, or a local law or 05 ordinance, relating to railroad-highway grade crossings, not less than 120 days; (3) if 06 the person has been previously convicted more than once of a violation of a federal or 07 state statute or regulation, or a local law or ordinance, relating to railroad-highway 08 grade crossings, not less than one year. In this subsection, "previously convicted" 09 means having been convicted in this or another jurisdiction of an offense described in 10 (a)(8) of this section within three years proceeding the date of the present offense. 11 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).