Legislature(2017 - 2018)
2018-05-12 House Journal
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Full Journal pdf2018-05-12 House Journal Page 3787 Amendment No. 1 was offered by Representatives Stutes and Drummond: Page 1, line 2, following "corridor" (title amendment): Insert "; and relating to containing or confining loads being transported on highways" Page 2, following line 15: Insert new bill sections to read: "* Sec. 3. AS 28.35.251 is repealed and reenacted to read: Sec. 28.35.251. Failure to contain or confine a load. (a) A person commits the crime of failure to contain or confine a load in the first degree if the person, with criminal negligence, violates (c) of this section and, as a result of that violation, causes serious physical injury to another person. (b) A person commits the crime of failure to contain or confine a load in the second degree if the person, with criminal negligence, violates (c) of this section and damages the property of another person in an amount of $5,000 or more. (c) A person commits the offense of failure to contain or confine a load in the third degree if the person drives or moves a motor vehicle loaded with any material on a highway unless (1) the load is (A) contained or confined to prevent the load from (i) dropping, leaking, or escaping; or (ii) shifting on or within the vehicle to the extent that the motor vehicle's stability or maneuverability is adversely affected; and (B) subjected to treatment by methods, approved by the commissioner of public safety by regulation, designed to settle the load or remove loose material before the vehicle is driven or moved on the highway; and (2) at least six inches of freeboard is maintained around the entire perimeter of a load consisting of sand, gravel, dirt, rock, or similar materials or the load is covered and securely fastened to prevent the cover from becoming loose or detached or from being a hazard to other users of the highway. (d) This section does not apply to (1) a vehicle that drops, sprinkles, or sprays sand, liquids, or other materials for the purpose of cleaning or maintaining the highway or providing or improving traction;