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CSHB 271(TRA): "An Act relating to commercial motor vehicle requirements."

00                       CS FOR HOUSE BILL NO. 271(TRA)                                                                    
01 "An Act relating to commercial motor vehicle requirements."                                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 19.10.060(c) is amended to read:                                                                   
04            (c)  Except for requirements relating to a commercial motor vehicle driver's                                 
05       licensing program under AS 28, the department shall adopt regulations under                                       
06       AS 44.62 (Administrative Procedure Act) that are necessary to implement                                           
07       [REQUIREMENTS IMPOSED BY] federal statutes [STATUTE] or regulations                                       
08       [REGULATION] that relate to commercial motor vehicles [AND THAT ARE                                               
09       NECESSARY TO AVOID LOSS OR WITHHOLDING OF FEDERAL HIGHWAY                                                         
10       MONEY].                                                                                                           
11    * Sec. 2. AS 19.10.300(f)(1) is amended to read:                                                                   
12                 (1)  "commercial motor vehicle" means a motor vehicle or a                                              
13       combination of a motor vehicle and one or more other vehicles                                                     
14                      (A)  used to transport passengers or property for intrastate                                   
15            commercial purposes;                                                                                     
01                      (B)  used upon a land highway or vehicular way; and                                                
02                      (C)  that                                                                                          
03                           (i)  has a gross vehicle weight rating or gross                                               
04                 combination weight rating greater than 26,000 pounds; or                                            
05                           (ii)  is designed to transport more than 15 passengers,                                       
06                 including the driver; [OR                                                                               
07                           (iii)  IS USED IN THE TRANSPORTATION OF                                                       
08                 MATERIALS FOUND BY THE UNITED STATES SECRETARY OF                                                       
09                 TRANSPORTATION TO BE HAZARDOUS FOR PURPOSES OF 49                                                       
10                 U.S.C. 5101 - 5128;]                                                                                    
11                      (D)  except that the following vehicles meeting the criteria in                                    
12            (A) - (C) of this paragraph are not commercial motor vehicles:                                           
13                           (i)  emergency or fire equipment that is necessary to the                                     
14                 preservation of life or property;                                                                       
15                           (ii)  farm vehicles that are controlled and operated by a                                     
16                 farmer; used to transport agricultural products, farm machinery, or farm                                
17                 supplies to or from that farmer's farm; not used in the operations of a                                 
18                 common or contract motor carrier; and used within 150 miles of the                                      
19                 farmer's farm; and                                                                                      
20                           (iii)  [RECREATIONAL] vehicles used exclusively for                                           
21                 purposes other than commercial purposes;                                                                
22    * Sec. 3. AS 19.10.399(1) is amended to read:                                                                      
23                 (1)  "commercial motor vehicle" means a self-propelled or towed                                         
24       vehicle                                                                                                           
25                      (A)  used to transport passengers or property for intrastate                                   
26            commercial purposes;                                                                                         
27                      (B)  used upon a highway or vehicular way; and                                                     
28                      (C)  that                                                                                          
29                           (i)  has a gross vehicle weight rating or gross                                               
30                 combination weight rating greater than 14,000 [10,000] pounds; or                               
31                           (ii)  is designed to transport more than 15 passengers,                                       
01                 including the driver; [OR                                                                               
02                           (iii)  IS USED IN THE TRANSPORTATION OF                                                       
03                 MATERIALS FOUND BY THE UNITED STATES SECRETARY OF                                                       
04                 TRANSPORTATION TO BE HAZARDOUS FOR PURPOSES OF 49                                                       
05                 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;