CSHB 378(TRA): "An Act relating to motor vehicle registration; relating to drivers' licenses; relating to instruction permits; relating to commercial motor vehicles and commercial motor carriers; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 378(TRA) 01 "An Act relating to motor vehicle registration; relating to drivers' licenses; relating to 02 instruction permits; relating to commercial motor vehicles and commercial motor 03 carriers; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.10.041(a) is amended to read: 06 (a) The department may refuse to register a vehicle if 07 (1) the application contains a false or fraudulent statement; 08 (2) the applicant fails to furnish information required by the 09 department; 10 (3) the applicant is not entitled to the issuance of a certificate of title or 11 registration under this chapter; 12 (4) the vehicle is determined to be mechanically unsafe to be driven or 13 moved on a highway, vehicular way or area, or other public property in the state; 14 (5) the department has reasonable grounds to believe that the vehicle
01 was stolen or fraudulently acquired or that the granting of registration would be a 02 fraud against the rightful owner or other person having a valid lien on [UPON] the 03 vehicle; 04 (6) the registration of the vehicle has been suspended or revoked for 05 any reason under the laws of the state; 06 (7) the required fees or taxes have not been paid; 07 (8) the vehicle or applicant fails to comply with this chapter or 08 regulations implementing this section; 09 (9) the vehicle is without a certificate of inspection required under 10 AS 19.10.310; 11 (10) except for a vehicle to be registered under AS 28.10.152, the 12 vehicle is subject to a state-approved emission inspection program adopted under 13 AS 46.14.400 or 46.14.510, and the vehicle does not meet the standards of that 14 program; 15 (11) the applicant fails to certify to the department the existence of a 16 motor vehicle liability policy that complies with AS 28.22.101 for the vehicle being 17 registered unless the owner of the vehicle qualifies as a self-insurer under 18 AS 28.20.400 or is exempted from obtaining liability insurance under AS 28.22.011; 19 (12) the applicant is a commercial motor carrier prohibited from 20 operating by a federal agency. 21 * Sec. 2. AS 28.10.051(a) is amended to read: 22 (a) The department may suspend or revoke the registration of a vehicle, the 23 certificate of registration or registration plates for a vehicle, or a special permit when 24 (1) the department determines that the registration or certificate, plate, 25 or permit was fraudulently procured or erroneously issued; 26 (2) the department determines that a registered vehicle is mechanically 27 unsafe to be driven or moved on a highway, vehicular way or area, or other public 28 property in this state and the vehicle has been seized or impounded under 29 AS 28.05.091; 30 (3) a registered vehicle has been scrapped, dismantled, or destroyed 31 beyond repair;
01 (4) the department determines that a required fee or tax has not been 02 paid and the fee or tax is not paid upon reasonable notice and demand; 03 (5) a registration plate, permit, or certificate is knowingly displayed on 04 [UPON] a vehicle other than the vehicle for which issued; 05 (6) the department determines that the owner of a vehicle has 06 committed an offense under this chapter involving the registration or the certificate, 07 plate, or permit to be suspended or revoked; 08 (7) the vehicle has been reported to the department as stolen or 09 unlawfully converted; 10 (8) the department is otherwise required to do so under the laws of this 11 state; 12 (9) the department determines that the vehicle owner has violated the 13 requirements of AS 28.10.146 or 28.10.147; 14 (10) the department determines that a repair to a commercial motor 15 vehicle, ordered by the Department of Transportation and Public Facilities or the 16 Department of Public Safety under regulations adopted under AS 19, was not 17 completed after the owner or operator represented to the Department of Transportation 18 and Public Facilities, the Department of Public Safety, or the Department of 19 Administration that the repair had been completed; [OR] 20 (11) the owner or operator of a commercial motor vehicle has placed a 21 commercial motor vehicle back in service after it has been placed out of service by the 22 Department of Transportation and Public Facilities or the Department of Public Safety 23 without having it reinspected as required under regulations adopted under AS 19; 24 (12) the owner or operator is a commercial motor carrier 25 prohibited from operating by a federal agency; or 26 (13) the commercial motor vehicle is subject to an out-of-service 27 order issued by a state or federal agency. 28 * Sec. 3. AS 28.10.411(f) is amended to read: 29 (f) A resident 65 years of age or older on January 1 of the year the vehicle is 30 registered or a resident with a disability that limits or impairs the ability to walk and 31 who provides proof of that disability as provided in 23 C.F.R. 1235.2 is entitled to an
01 exemption from the registration fee required under this section for one vehicle subject 02 to registration under AS 28.10.421(b)(1)(A), (b)(2), (b)(4), or (b)(5) 03 [AS 28.10.421(b)(1), (2), (5), OR (6)]. An exemption may not be granted except upon 04 written application for the exemption on a form prescribed by the department. 05 * Sec. 4. AS 28.10.421(b) is repealed and reenacted to read: 06 (b) The biennial registration fees under this subsection are imposed within the 07 following classifications for 08 (1) a vehicle not exceeding 10,000 pounds unladen weight as 09 established by the manufacturer's advertised weight or on the actual weight, which the 10 owner shall furnish, subject to the approval of the commissioner or the commissioner's 11 representative that is a 12 (A) passenger vehicle, low-speed vehicle, pick-up truck, truck, 13 or van not used or maintained for the transportation of persons or property for 14 hire or for other commercial use and not registered in the name of a company 15 or business ............................................................................................... $ 16 (B) a taxicab ................................................................... $160; 17 (2) a motor home not used or maintained for the transportation of 18 persons or property for hire or for other commercial use and not registered in the name 19 of a company or business......................................................................................$100 20 (3) a motor bus with a seating capacity of 21 (A) less than 20 persons and used exclusively for commercial 22 purposes in the transporting of visitors or tourists .................................. $100; 23 (B) 20 or more persons and used exclusively for commercial 24 purposes in the transporting of visitors or tourists .................................. $300; 25 (4) a motorcycle or a motor-driven cycle ..................................... $60. 26 (5) a trailer not used or maintained for the transportation of persons or 27 property for hire or for other commercial use, including a boat trailer, baggage trailer, 28 box trailer, utility trailer, house trailer, travel trailer, or trailer rented or offered for rent 29 .................................................................................................................. 30 * Sec. 5. AS 28.10.421(c) is amended to read: 31 (c) The biennial registration fees under this subsection are imposed for a
01 vehicle not subject to registration under (b) of this section and are based on 02 [UPON] the actual unladen weight as established by the manufacturer's advertised 03 weight or on [UPON] the actual weight, which the owner shall furnish, subject to the 04 approval of the commissioner or the commissioner's representative, [FOR A 05 VEHICLE, INCLUDING A LOW-SPEED VEHICLE AND A MOTOR VEHICLE 06 PULLING A TRAILER OR SEMI-TRAILER, THAT IS REGISTERED IN THE 07 NAME OF A COMPANY OR BUSINESS, OR IS USED OR MAINTAINED FOR 08 THE TRANSPORTATION OF PASSENGERS FOR HIRE, EXCEPTING 09 TAXICABS AND BUSES UNDER (b) OF THIS SECTION, OR FOR THE 10 TRANSPORTATION OF PROPERTY FOR HIRE OR FOR OTHER 11 COMMERCIAL PURPOSES, INCLUDING A LOW-SPEED VEHICLE, TRUCK, 12 WRECKER, TOW CAR, HEARSE, AMBULANCE, AND TRACTOR,] as follows: 13 (1) up to and including 5,000 pounds...........................................$180; 14 (2) more than 5,000 pounds to and including 12,000 pounds .....$268; 15 (3) more than 12,000 pounds to and including 18,000 pounds ...$516; 16 (4) more than 18,000 pounds .......................................................$662. 17 * Sec. 6. AS 28.10.421(d)(8) is amended to read: 18 (8) an amateur mobile radio station vehicle, 19 (A) with a transceiver capable of less than 5-band operation 20 ............................................................................................................. 21 required for that vehicle under (b) or (c) of this section; 22 (B) in recognition of service to the public a mobile amateur 23 radio station owned by an amateur with general class or higher license, 24 provided the station must be satisfactorily proved capable of operating on at 25 least five bands from 160 through 10 meters, must have an antenna, and must 26 have a power supply and wiring as a permanent part of the vehicle; the 27 transmitting unit may be removed from the car for service or dry storage 28 ............................................................................................................. 29 for a mobile amateur radio station vehicle included in (b)(1)(A) [(b)(1) OR (2)] 30 of this section; 31 * Sec. 7. AS 28.10.431(b) is amended to read:
01 (b) The biennial tax is levied upon motor vehicles subject to the registration 02 fee under AS 28.10.411 and 28.10.421 and is based on [UPON] the age of vehicles as 03 determined by model year in the first year of the biennial period, according to the 04 following schedule: 05 Tax According to Age of 06 Vehicle 07 Since Model Year: 08 8th 09 1st 2nd 3rd 4th 5th 6th 7th or over 10 Motor Vehicle 11 (1) motorcycle $ 17 $ 15 $ 13 $ 10 $ 7 $ 5 $ 4 $ 4 12 (2) vehicles specified in 121 99 77 55 39 28 19 16 13 AS 28.10.421(b)(1)(A) 14 or (3)(A) 15 [AS 28.10.421(b)(1)] 16 (3) vehicles specified in 121 99 77 55 39 28 19 16 17 AS 28.10.421(b)(1)(B) 18 [AS 28.10.421(b)(3)] 19 (4) vehicles specified 20 in AS 28.10.421(c)(1)-(4) 21 5,000 pounds or less 121 99 77 55 39 28 19 16 22 5,001-12,000 pounds 198 154 121 99 77 55 33 22 23 12,001-18,000 pounds 447 392 348 304 260 227 205 194 24 18,001 pounds or over 546 469 403 348 304 260 216 194 25 (5) vehicles specified in 198 154 121 99 77 55 33 22 26 AS 28.10.421(b)(3)(B) 27 [AS 28.10.421(b)(4)] 28 (6) vehicles specified in 17 15 13 10 7 5 4 4 29 AS 28.10.421(b)(5) 30 [AS 28.10.421(b)(6)] 31 (7) vehicles specified 121 99 77 55 39 28 19 16
01 in AS 28.10.421(d)(8) 02 (8) [VEHICLES 121 99 77 55 39 28 19 16 03 SPECIFIED IN 04 AS 28.10.421(b)(2) 05 (9)] vehicles eligible 88 06 for dealer 07 plates under 08 AS 28.10.421(d)(9). 09 * Sec. 8. AS 28.15.051(a) is amended to read: 10 (a) Except as provided in (b) of this section, a person who is at least 14 years 11 of age may apply to the department for a noncommercial [AN] instruction permit. 12 The department may, after the applicant has successfully passed all parts of the 13 examination under AS 28.15.081 other than the driving test, issue to the applicant an 14 instruction permit. The permit allows a person, while having the permit in the person's 15 immediate possession, to drive a specified noncommercial type or class of motor 16 vehicle on a highway or vehicular way or area for a period not to exceed two years. 17 The permittee shall be accompanied by a person at least 21 years of age who has been 18 licensed at least one year to drive the type or class of vehicle being used, who is 19 capable of exercising control over the vehicle and who occupies a seat beside the 20 driver, or who accompanies and immediately supervises the driver when the permittee 21 drives a motorcycle. An instruction permit may be renewed one time. Once a license is 22 issued to drive a specified type or class of motor vehicle, a driver is not eligible to 23 obtain an instructional permit for that specified type or class of motor vehicle unless 24 five years have passed since the expiration of the license. 25 * Sec. 9. AS 28.15.051 is amended by adding a new subsection to read: 26 (f) A person who is at least 18 years of age may apply to the department for a 27 commercial instruction permit. The department may, after the applicant has 28 successfully passed all parts of the examination under AS 28.15.081 other than the 29 driving test, issue to the applicant a commercial instruction permit. The permit allows 30 a person, while having the permit in the person's immediate possession, to drive a 31 specified commercial type or class of motor vehicle on a highway or vehicular way or
01 area for a period not to exceed 180 days. The permittee shall be accompanied by a 02 person at least 21 years of age who has been licensed at least one year to drive the type 03 or class of vehicle being used, who is capable of exercising control over the wheel, 04 and who occupies a seat beside the driver. A commercial instruction permit may be 05 renewed one time for a period of 180 days. Once a license is issued to drive a 06 specified type or class of motor vehicle, a driver is not eligible to obtain a commercial 07 instructional permit for that specified type or class of motor vehicle unless 08 (1) five years have passed since the expiration of the previous license; 09 or 10 (2) the commercial instruction permit is obtained for the purpose of 11 adding an endorsement to a current class of commercial license. 12 * Sec. 10. AS 28.33.140(a) is amended to read: 13 (a) In addition to any court action or administrative action in this or any other 14 jurisdiction, conviction of a person who holds or is required to have a commercial 15 driver's license or commercial instruction permit of any of the following offenses is 16 grounds for immediate disqualification from driving a commercial motor vehicle for 17 the periods set out in this section: 18 (1) operating a commercial motor vehicle while under the influence of 19 an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.33.030; 20 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 21 (3) operating a motor vehicle while under the influence of an alcoholic 22 beverage, inhalant, or controlled substance in violation of AS 28.35.030; 23 (4) leaving the scene of an accident in violation of AS 28.35.060, or 24 failing to file, or providing false information in, an accident report in violation of 25 AS 28.35.110; 26 (5) a felony under state or federal law that was facilitated because the 27 person used a motor vehicle; 28 (6) a serious traffic violation; 29 (7) taking one of the following actions [DRIVING AFTER BEING 30 PLACED OUT OF SERVICE] in violation of regulations adopted under 31 AS 19.10.060(c) or AS 28.05.011:
01 (A) driving after being placed out of service; or 02 (B) operating a commercial vehicle that has been placed out 03 of service; 04 (8) operating a commercial motor vehicle in violation of a federal or 05 state statute or regulation, or a local law or ordinance, relating to railroad-highway 06 grade crossings; 07 (9) operating a commercial motor vehicle while the driver's 08 commercial motor vehicle license is suspended, revoked, or canceled, or the driver is 09 disqualified; 10 (10) causing a fatality through the negligent operation, or operation in 11 violation of a felony criminal law, of a commercial motor vehicle. 12 * Sec. 11. AS 28.33.140(m) is amended to read: 13 (m) A person who violates the standards for operating a commercial motor 14 vehicle or who knowingly operates a commercial motor vehicle that has been 15 placed out of service as set out by the department in regulation is subject to civil 16 penalties established by the department in regulation. An employer who knowingly 17 allows an employee to drive in violation of an out-of-service order or in violation of a 18 railroad-highway grade crossing is subject to civil penalties as described in 49 U.S.C. 19 521(b) as established by the department in regulation. The department may adopt 20 regulations under AS 44.62 to implement this subsection. The regulations adopted 21 under this subsection must be substantially similar to any applicable federal 22 regulations. In this subsection, "knowingly [,]" has the meaning given in 23 AS 11.81.900. 24 * Sec. 12. AS 28.33.190(16) is amended to read: 25 (16) "serious traffic violation" means 26 (A) speeding 15 miles per hour or more above the posted limit; 27 (B) reckless or negligent driving, in violation of AS 28.35.400 28 or 28.35.410 or an ordinance with substantially similar elements; 29 (C) violation of a provision of this title, or a regulation adopted 30 under this title, relating to improper lane changes or following too closely, or 31 an ordinance with substantially similar elements;
01 (D) violation of a law or ordinance relating to traffic control, 02 which was determined by the court by a preponderance of the evidence to have 03 been a factor in causing physical injury to a person; 04 (E) driving a commercial motor vehicle without obtaining a 05 license to drive a commercial motor vehicle; 06 (F) driving a commercial motor vehicle without a license to 07 drive a commercial motor vehicle in the driver's possession; however, if an 08 individual provides proof to the department by the date that the individual was 09 required to appear in court or pay any fine for that violation that the individual 10 held a valid license to drive a commercial motor vehicle on the date the 11 citation was issued, the driving may not be considered as a serious traffic 12 violation under this paragraph; [OR] 13 (G) driving a commercial motor vehicle without the proper 14 class of license to drive a commercial motor vehicle and any required 15 endorsements for the specific vehicle group being operated, or for the 16 passengers or type of cargo being transported; or 17 (H) driving a commercial motor vehicle in violation of 18 AS 28.35.161. 19 * Sec. 13. AS 28.90.990(a) is amended by adding a new paragraph to read: 20 (31) "commercial motor carrier" means a person that provides 21 transportation for compensation, or that provides a vehicle to a person or entity that 22 provides transportation for compensation, including the person's agents, officers, 23 representatives, employees responsible for hiring, supervising, training, assigning, or 24 dispatching of drivers, and employees overseeing the safety, installation, inspection, 25 and maintenance of motor vehicle equipment and accessories. 26 * Sec. 14. Sections 1, 2, and 8 - 13 of this Act take effect immediately under 27 AS 01.10.070(c). 28 * Sec. 15. Sections 3 - 7 of this Act take effect January 1, 2015.