HB 82: "An Act relating to vehicle registration; relating to off-road system restricted noncommercial drivers' licenses; relating to off-highway commercial drivers' licenses; relating to off-road system eligible areas; and relating to motor vehicle liability insurance."
00 HOUSE BILL NO. 82 01 "An Act relating to vehicle registration; relating to off-road system restricted 02 noncommercial drivers' licenses; relating to off-highway commercial drivers' licenses; 03 relating to off-road system eligible areas; and relating to motor vehicle liability 04 insurance." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 28.10.011 is amended to read: 07 Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven, 08 moved, or parked on [UPON] a highway or other public parking place in the state 09 shall be registered under this chapter except when the vehicle is 10 (1) driven or moved on a highway only for the purpose of crossing the 11 highway from one private property to another, including an implement of husbandry 12 as defined by regulation; 13 (2) driven or moved on a highway under a dealer's plate or temporary 14 permit as provided for in AS 28.10.031 and 28.10.181(j);
01 (3) special mobile equipment as defined by regulation; 02 (4) owned by the United States; 03 (5) moved by human or animal power; 04 (6) exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil 05 Relief Act); 06 (7) driven or parked only on private property; 07 (8) the vehicle of a nonresident as provided under AS 28.10.121; 08 (9) transported under a special permit under AS 28.10.151; 09 (10) [BEING] driven or moved by an operator with an off-highway 10 commercial driver's license on a highway, vehicular way, or a public parking place 11 in the state that is not connected by a land highway or vehicular way to 12 (A) the land-connected state highway system; or 13 (B) a highway or vehicular way with an average daily traffic 14 volume greater than 499; 15 (11) driven or moved in an off-road system eligible area by an 16 operator with a noncommercial driver's license, including an off-road system 17 restricted noncommercial driver's license issued under AS 28.15.126; 18 (12) [(11)] an implement of husbandry operated in accordance with the 19 provisions of AS 19.10.065; 20 (13) [(12)] an electric personal motor vehicle. 21 * Sec. 2. AS 28.15 is amended by adding a new section to read: 22 Sec. 28.15.126. Off-road system restricted noncommercial driver's license. 23 (a) The department shall waive the road test and issue an off-road system restricted 24 noncommercial driver's license to an applicant who resides and operates a motor 25 vehicle in an off-road system eligible area of the state. A driver issued an off-road 26 system restricted noncommercial driver's license may operate a motor vehicle in an 27 off-road system eligible area of the state. A driver issued an off-road system restricted 28 noncommercial driver's license may not operate a motor vehicle 29 (1) outside the off-road system eligible area of the state on a highway, 30 vehicular way, or a public parking place in the state unless the person has or is 31 accompanied by a person with a driver's license that is not restricted under this
01 section; or 02 (2) outside the state. 03 (b) The department shall annually publish a list of off-road system eligible 04 areas. The department shall make the list available at each office of the department 05 and on the department's Internet website. 06 * Sec. 3. AS 28.15.201(d) is amended to read: 07 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 08 a license under AS 28.15.181(c), or the department when revoking a driver's license, 09 privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant 10 limited license privileges if 11 (1) the revocation was for a misdemeanor conviction under 12 AS 28.35.030 or a similar municipal ordinance and not for a violation of 13 AS 28.35.032; 14 (2) the person 15 (A) has not been previously convicted and the limited license is 16 not granted during the first 30 days of the period of revocation; or 17 (B) has been previously convicted and the limited license is not 18 granted during the first 90 days of the period of revocation; 19 (3) the court or department requires the person to use an ignition 20 interlock device during the period of the limited license whenever the person operates 21 a motor vehicle in an area [A COMMUNITY] not included in the list published by 22 the department under AS 28.15.126 [AS 28.22.011(b)] and, when applicable, 23 (A) the person provides proof of installation of the ignition 24 interlock device on every vehicle the person operates; 25 (B) the person signs an affidavit acknowledging that 26 (i) operation by the person of a vehicle that is not 27 equipped with an ignition interlock device is subject to penalties for 28 driving with a revoked license; 29 (ii) circumventing or tampering with the ignition 30 interlock device is a class A misdemeanor; and 31 (iii) the person is required to maintain the ignition
01 interlock device throughout the period of the limited license, to keep 02 up-to-date records in each vehicle showing that any required service 03 and calibration is current, and to produce those records immediately on 04 request; 05 (4) the person is enrolled in and is in compliance with or has 06 successfully completed the alcoholism screening, evaluation, referral, and program 07 requirements of the Department of Health and Social Services under AS 28.35.030(h); 08 (5) the person provides proof of insurance as required by AS 28.20.230 09 and 28.20.240; and 10 (6) the person has not previously been convicted of violating the 11 limitations of an ignition interlock limited license or been convicted of violating the 12 provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those 13 sections. 14 * Sec. 4. AS 28.22.011(a) is amended to read: 15 (a) The operator or owner of a motor vehicle subject to registration under 16 AS 28.10.011 when driven on a highway, vehicular way or area, or on other public 17 property in the state, shall be insured under a motor vehicle liability policy that 18 complies with this chapter or a certificate of self-insurance that complies with 19 AS 28.20.400 unless the operator has not been cited within the preceding five 20 years for a traffic law violation with a demerit point value of six or more on the 21 point schedule determined under regulations adopted by the department under 22 AS 28.15.221 and 23 (1) the motor vehicle is being driven or moved by an operator with 24 an off-highway commercial driver's license on a highway, vehicular way, or a 25 public parking place in the state that is not connected by a land highway or vehicular 26 way to 27 (A) the land-connected state highway system; [,] or 28 (B) a highway or vehicular way with an average daily traffic 29 volume greater than 499; or [AND] 30 (2) the operator has a noncommercial driver's license, including an 31 off-road system restricted noncommercial driver's license issued under
01 AS 28.15.126 and is operating the motor vehicle in an off-road system eligible 02 area of the state [NOT BEEN CITED WITHIN THE PRECEDING FIVE YEARS 03 FOR A TRAFFIC LAW VIOLATION WITH A DEMERIT POINT VALUE OF SIX 04 OR MORE ON THE POINT SCHEDULE DETERMINED UNDER REGULATIONS 05 ADOPTED BY THE DEPARTMENT UNDER AS 28.15.221]. 06 * Sec. 5. AS 28.35.030(t) is amended to read: 07 (t) Notwithstanding (b) or (n) of this section, the court shall waive the 08 requirement of the use of an ignition interlock device when a person operates a motor 09 vehicle in an area [A COMMUNITY] included on the list published by the 10 department under AS 28.15.126 [AS 28.22.011(b)]. 11 * Sec. 6. AS 28.35.032(t) is amended to read: 12 (t) Notwithstanding (g) or (p) of this section, the court shall waive the 13 requirement of the use of an ignition interlock device when a person operates a motor 14 vehicle in an area [A COMMUNITY] included on the list published by the 15 department under AS 28.15.126 [AS 28.22.011(b)]. 16 * Sec. 7. AS 28.90.990(a) is amended by adding a new paragraph to read: 17 (32) "off-road system eligible area" means an area of the state, as 18 determined by the department, that does not have land-connected road access to an 19 office that offers road testing at least once every three months and offers a sufficient 20 number of road tests to meet public demand. 21 * Sec. 8. AS 28.22.011(b) is repealed.