HB 271: "An Act relating to the state highway system and commercial motor vehicle requirements."
00 HOUSE BILL NO. 271 01 "An Act relating to the state highway system and commercial motor vehicle 02 requirements." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 19.10.060(c) is amended to read: 05 (c) The [EXCEPT FOR REQUIREMENTS RELATING TO A 06 COMMERCIAL MOTOR VEHICLE DRIVER'S LICENSING PROGRAM UNDER 07 AS 28, THE] department shall adopt regulations under AS 44.62 (Administrative 08 Procedure Act) that are necessary to implement [REQUIREMENTS IMPOSED BY] 09 federal statutes [STATUTE] or regulations [REGULATION] that relate to 10 commercial motor vehicles [AND THAT ARE NECESSARY TO AVOID LOSS OR 11 WITHHOLDING OF FEDERAL HIGHWAY MONEY]. 12 * Sec. 2. AS 19.10.300(f)(1) is amended to read: 13 (1) "commercial motor vehicle" means a motor vehicle or a 14 combination of a motor vehicle and one or more other vehicles
01 (A) used to transport passengers or property for commercial 02 purposes; 03 (B) used upon a land highway or vehicular way; and 04 (C) that 05 (i) has a gross vehicle weight rating or gross 06 combination weight rating greater than 14,000 [26,000] pounds; 07 (ii) is designed to transport more than 15 passengers, 08 including the driver; or 09 (iii) is used in the transportation of materials found by 10 the United States Secretary of Transportation to be hazardous for 11 purposes of 49 U.S.C. 5101 - 5128; 12 (D) except that the following vehicles meeting the criteria in 13 (A) - (C) of this paragraph are not commercial motor vehicles: 14 (i) emergency or fire equipment that is necessary to the 15 preservation of life or property; 16 (ii) farm vehicles that are controlled and operated by a 17 farmer; used to transport agricultural products, farm machinery, or farm 18 supplies to or from that farmer's farm; not used in the operations of a 19 common or contract motor carrier; and used within 150 miles of the 20 farmer's farm; and 21 (iii) [RECREATIONAL] vehicles used exclusively for 22 purposes other than commercial purposes; 23 * Sec. 3. AS 19.10.399(1) is amended to read: 24 (1) "commercial motor vehicle" means a self-propelled or towed 25 vehicle 26 (A) used to transport passengers or property for commercial 27 purposes; 28 (B) used upon a highway or vehicular way; and 29 (C) that 30 (i) has a gross vehicle weight rating or gross 31 combination weight rating greater than 14,000 [10,000] pounds;
01 (ii) is designed to transport more than 15 passengers, 02 including the driver; or 03 (iii) is used in the transportation of materials found by 04 the United States Secretary of Transportation to be hazardous for 05 purposes of 49 U.S.C. 5101 - 5128; 06 (D) except that the following vehicles meeting the criteria in 07 (A) - (C) of this paragraph are not commercial motor vehicles: 08 (i) emergency or fire equipment that is necessary to the 09 preservation of life or property; 10 (ii) farm vehicles that are controlled and operated by a 11 farmer; used to transport agricultural products, farm machinery, or farm 12 supplies to or from that farmer's farm; not used in the operations of a 13 common or contract motor carrier; and used within 150 miles of the 14 farmer's farm; 15 (iii) school buses; 16 (iv) vehicles owned and operated by the federal 17 government unless the vehicle is used to transport property of the 18 general public for compensation in competition with other persons who 19 own or operate a commercial motor vehicle subject to AS 19.10.310 - 20 19.10.399, and except to the extent that regulation of vehicles operated 21 by the federal government is permitted by federal law; and 22 (v) vehicles used exclusively for purposes other than 23 commercial purposes;