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 AS 28.10.421(b) is repealed and reenacted to read: 12 (b) The biennial registration fees under this subsection are imposed within the 13 following classifications for 14 (1) a vehicle not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