CSHB 293(STA): "An Act relating to commercial driver's licenses and commercial instruction permits; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 293(STA) 01 "An Act relating to commercial driver's licenses and commercial instruction permits; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.15.031(c) is amended to read: 05 (c) The department may not issue an original or duplicate commercial driver's 06 license to, nor renew or reinstate the commercial driver's license of, a person who is 07 disqualified from operating commercial motor vehicles in this or any other jurisdiction 08 [OR IS NOT DOMICILED IN THIS STATE]. 09 * Sec. 2. AS 28.15.051(f) is amended to read: 10 (f) A person who is at least 18 years of age may apply to the department for a 11 domiciled commercial instruction permit. The department may, after the applicant has 12 successfully passed all parts of the examination under AS 28.15.081 other than the 13 driving test, issue to the applicant a domiciled commercial instruction permit. The 14 permit allows a person, while having the permit in the person's immediate possession,
01 to drive a specified commercial type or class of motor vehicle on a highway or 02 vehicular way or area for a period not to exceed 180 days. The permittee shall be 03 accompanied by a person at least 21 years of age who has been licensed at least one 04 year to drive the type or class of vehicle being used, who is capable of exercising 05 control over the wheel, and who occupies a seat beside the driver. A domiciled 06 commercial instruction permit may be renewed one time for a period of 180 days. 07 Once a license is issued to drive a specified type or class of motor vehicle, a driver is 08 not eligible to obtain a domiciled commercial instruction [INSTRUCTIONAL] 09 permit for that specified type or class of motor vehicle unless 10 (1) five years have passed since the expiration of the previous license; 11 or 12 (2) the domiciled commercial instruction permit is obtained for the 13 purpose of adding an endorsement to a current class of commercial license. 14 * Sec. 3. AS 28.15.051 is amended by adding a new subsection to read: 15 (g) A person who is at least 18 years of age may apply to the department for a 16 non-domiciled commercial instruction permit. The department may, after the applicant 17 has successfully passed all parts of the examination under AS 28.15.081 other than the 18 driving test, issue to the applicant a non-domiciled commercial instruction permit if 19 the applicant is domiciled in a foreign jurisdiction or another state, the department 20 determines that the commercial motor vehicle testing and licensing standards of the 21 other jurisdiction meet the requirements of federal law, and the applicant satisfies the 22 requirements of AS 28.33.100(a)(2)(B) - (D). The permit allows a person, while 23 having the permit in the person's immediate possession, to drive a specified 24 commercial type or class of motor vehicle on a highway or vehicular way or area for a 25 period not to exceed one year. The permittee shall be accompanied by a person at least 26 21 years of age who has been licensed at least one year to drive the type or class of 27 vehicle being used, who is capable of exercising control over the wheel, and who 28 occupies a seat beside the driver. A non-domiciled commercial instruction permit must 29 be marked with "non-domiciled" on the face of the document. A non-domiciled 30 commercial instruction permit expires on the earlier of the expiration date determined 31 by the United States Department of Homeland Security that is stated on the form
01 required for the applicant under AS 28.33.100(a)(2)(B) or one year from the date of 02 issuance. Once a license is issued to drive a specified type or class of motor vehicle, a 03 driver is not eligible to obtain a non-domiciled commercial instruction permit for that 04 specified type or class of motor vehicle unless 05 (1) five years have passed since the expiration of the previous license; 06 or 07 (2) the non-domiciled commercial instruction permit is obtained for 08 the purpose of adding an endorsement to a current class of commercial license. 09 * Sec. 4. AS 28.33.100(a) is amended to read: 10 (a) A person may not drive a commercial motor vehicle until the person 11 applies for and is issued a license for that purpose under AS 28.15.041. The 12 department may [NOT] issue a 13 (1) domiciled license to drive a commercial motor vehicle only if 14 [UNLESS] the applicant 15 (A) [(1)] is at least 18 years of age, to operate in intrastate 16 commerce, or at least 21 years of age, to operate in interstate commerce, 17 except as provided in (f) of this section; 18 (B) [(2)] has successfully completed all required driving tests 19 and written and physical examinations; 20 (C) [(3)] either does not have a driver's license issued by 21 another jurisdiction or surrenders all driver's licenses issued by other 22 jurisdictions; and 23 (D) [(4)] is domiciled in this state; 24 (2) non-domiciled license to drive a commercial motor vehicle if 25 the applicant 26 (A) is domiciled in a 27 (i) foreign jurisdiction that meets the commercial 28 motor vehicle testing and licensing standards requirements of 29 federal law; or 30 (ii) another state that meets the commercial motor 31 vehicle testing and licensing standards requirements of federal law;
01 (B) is a foreign driver, is not exempt from driver licensing 02 under this chapter or AS 28.15.021(10), and has an unexpired 03 (i) employment authorization document; or 04 (ii) foreign passport and a United States Customs 05 and Border Protection Form I-94 Arrival/Departure Record; 06 (C) is at least 18 years of age, to operate in intrastate 07 commerce, or at least 21 years of age, to operate in interstate commerce, 08 except as provided in (f) of this section; and 09 (D) has successfully completed all required driving tests 10 and written and physical examinations. 11 * Sec. 5. AS 28.33.100 is amended by adding new subsections to read: 12 (g) A non-domiciled commercial driver's license must be marked with "non- 13 domiciled" on the face of the document. 14 (h) A non-domiciled commercial driver's license expires 15 (1) for an applicant under (a)(2)(A)(i) of this section, on the earlier of 16 (A) the expiration date determined by the United States 17 Department of Homeland Security that is stated on the form required for the 18 applicant under (a)(2)(B) of this section; or 19 (B) one year from the date of issuance; 20 (2) for an applicant under (a)(2)(A)(ii) of this section, one year from 21 the date of issuance. 22 (i) In addition to the requirements under (a) of this section, the holder of a 23 non-domiciled commercial driver's license shall notify the department of any adverse 24 action taken by a foreign or domestic jurisdiction or governmental agency against the 25 person's driving privileges as required by federal law. 26 * Sec. 6. AS 28.90.990(a) is amended by adding new paragraphs to read: 27 (33) "commercial driver's license" includes a non-domiciled 28 commercial driver's license; 29 (34) "commercial instruction permit" includes a non-domiciled 30 commercial instruction permit. 31 * Sec. 7. AS 28.33.190(9) is repealed.
01 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).