Legislature(1995 - 1996)
04/10/1995 01:40 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 277 - PERMITS FOR DRIVING SNOWMOBILES CHAIRMAN DAVIS introduced Representative Gene Kubina, prime sponsor of HB 277. REPRESENTATIVE GENE KUBINA stated HB 277 would help to clarify the existing law regarding the issue of permits for snowmobiles. He noted this issue came up in Valdez where there are a number of people that operate their snowmobiles on town roads. He indicated there were numerous trails for snowmobiles directly off the roads and people with only a learner's permit were operating snowmobiles. This was brought to the attention of the city council as to whether or not this was legal. The consensus of the meeting was that it might only be legal if a person under 19 had someone 19 years of age or older, with a driver's license on the snowmobile with them. HB 277 was designed to clarify that people with learner permits could ride on municipal streets with a municipal ordinance. Representative Kubina indicated he received a letter about an hour ago from the Department of Public Safety stating the intent of HB 277 would not be necessary, and the law already allows it. He said his intent would then be, to take this and another letter regarding this issue to the Attorney General's office for confirmation of the fact his intent with this bill was already covered in an existing law. If it is law, he would not want to duplicate this information. CHAIRMAN DAVIS asked if there were any questions from the committee and announced there were people on line waiting to testify from Valdez and Delta Junction. He asked for testimony from Valdez. Number 381 MEGAN BUCK, High School Student from Valdez, stated people 19 years or over should not have to accompany the younger operators of the snowmobiles, who have just a permit. She opposed Section 2, regarding the drivers education program and stated it should be a snowmobile education class. BRADY STREET, High School Student from Valdez, indicated he had the same concerns as Ms. Buck. He expressed concern for the fact most snowmobiles are not designed for a second person. He stated he would support a snowmobile education class. RYAN MORGAN, High School Student from Valdez, questioned the relevancy of a drivers education class instead of a snowmobile education class. CHAIRMAN DAVIS stated he would now take testimony from persons in Delta Junction. Number 407 DEAN BIALIK from Delta Junction, stated he did not see a need for the requirement for a permit. He stated there were city regulations already in place regarding the operation of snowmobiles in and around cities. CHAIRMAN DAVIS suggested that the people on teleconference remain on-line until the Division of Motor Vehicles presents information regarding these issues. BERNARD GOODNO from Delta Junction opposed HB 277 on the grounds the state has covered this issue enough and felt there were enough regulations on this issue. Number 421 JUANITA HENSLEY, Chief of Driver Services, Division of Motor Vehicles (DMV), Department of Public Safety, said the department has viewed this issue for several years. The DMV's definition for a snowmobile fall under the definition of a motor vehicle. Anyone operating or exercising their privilege to drive in Alaska is required to have, in their possession, a valid driver's license, and in this case, a valid permit. A license under the definition covered by the DMV laws includes a permit to drive. However, this does not authorize the person to operate it on state highways. It gives the municipalities the option of allowing and passing ordinances for the operation of snowmobiles on city streets. She indicated operating snowmobiles on state highways could create serious problems and this was one of the things they would like to have restricted. If a municipality so chooses, the current regulations and statutes cover municipality for doing this. The issue of a "child" operating a snowmobile on streets or a highway or other vehicular-way area, is also covered in regulations. It says that a parent may not permit a child to operate a snowmobile on roadways. It was her belief there has been a number of fatalities in the state as a result of snowmobile accidents, she added the societal cost is astronomical dealing with off-road vehicle accidents. She noted she did not have statistical information on the fatalities. She felt there was sufficient law and the laws do cover the operation, and they're subject to the same rules of the road as anyone else, even through they are operating in a municipality. CHAIRMAN DAVIS asked for clarification on the legality of operating a snowmobile within a state right-of-way if a person has a driver's license or is on a permit basis, then they must be accompanied by a person 19 years of age or older. MS. HENSLEY indicated there are regulations that control where the snowmobile may be operated on state highways in Alaska. They are not allowed directly on highways. The laws are restricted enough in that if a person has only an instruction permit and is under the age of 16, that person is required to have a licensed driver who is at least 19 years of age, and has been licensed for one year. CHAIRMAN DAVIS said it is within the roadway system as opposed to the right-of-way that the laws provide for. MS. HENSLEY stated "vehicular-way or area is still covered under the driver licensing laws in the state as far as what can be operated in those vehicular-way areas. The right-of-way covers the vehicular-way areas by definition in the law." Number 472 REPRESENTATIVE KUBINA asked if persons requiring accompaniment on a snowmobile, must have someone riding on the same machine, or can they ride along side on a separate machine, as is the case with a motorcycle. MS. HENSLEY explained if the snowmobile was intended to carry two passengers, the licensed driver would be required to ride on that machine. If the machine was designed to carry only one passenger, then someone would be required to ride along side on a separate snowmobile. Number 489 REPRESENTATIVE KUBINA stated his intent was to make allowances for some leniency to the existing statute. He explained it would be acceptable for the parents to ride on one snowmobile and the child on another, which is what happens in most cases. He acknowledged that a person may cross a highway but not ride directly on the highway. It was his understanding that they are allowed by municipal code to operate on municipal roads. MS. HENSLEY said this was correct. REPRESENTATIVE KUBINA remarked he would like to see a change in the section requiring a licensed driver be required to accompany someone who is under 19. CHAIRMAN DAVIS said that would involve providing for the definition of "accompanied." He noted currently in statute it states a person must be accompanied by someone 19 years of age or older. He said it was his understanding this implied the licensed driver must be riding on the same snowmobile. MS. HENSLEY asked Representative Kubina if he would then rather see no adult supervision, if for example a 14-year-old is operating a snowmobile? REPRESENTATIVE KUBINA said no, not on the same snowmobile. He agreed that the wording "accompanied" could possibly imply riding along side on a separate snowmobile. He questioned whether the law already allows for this. He indicated Ms. Hensley seems to imply it does not. MS. HENSLEY said she would say no, if that machine was designed for one person. REPRESENTATIVE KUBINA interjected and said this bill would then be applicable for only a two-passenger snowmobile. Number 493 REPRESENTATIVE JEANNETTE JAMES stated she could not compare a snowmobile to a motorcycle. She noted snowmobiles do not contain brakes. She questioned the benefit of a person riding along side someone and indicated the person on the other machine would have limited control over the person not licensed to operate a snowmobile by themselves. CHAIRMAN DAVIS stated for the record that Representative James arrived at 2:00 p.m. He then commented to Ms. Hensley that most of these municipalities in Alaska have state right-of-ways and state highways that pass right through them. He remarked most municipal officials realize this. However, a lot of residents are not aware of the distinction between a city street and a state right-of-way. He explained within Soldotna city limits it is illegal to run a dirt bike, motorcycle or four wheeler within the city limits. He added this was one of the best laws regarding this issue to be placed on the books. He acknowledged that this may not be practical for areas where it could be seen as a necessity to own a snowmobile or all terrain vehicle (ATV) in such places as Delta Junction, where there is more open land. To visit a neighbor a person may have to travel a mile or more. Number 525 MS. HENSLEY explained on one hand we are looking at trying to get laws that will train a youthful driver to develop good driving skills that they may use throughout their life. This was the purpose of having a three-stage licensing system. She expressed concern for the allowance of operating a snowmobile along side other vehicular traffic. CHAIRMAN DAVIS said there was one more person to testify via teleconference from Tok. JERRY JERNIGAN, Owner of Tok Recreational Vehicle Village; and Member, Tok Chamber of Commerce, felt that HB 277 will probably not stand due to lack of requirement. He hopes that the committee will be involved in future regulations regarding this issue. He opposed being regulated too strongly. He stated his intentions will be to contact the Alaska State Snow Machine Association and recommend they have extensive input regarding this issue. He stated he was not sure if the association was aware of this particular bill. He believed the use of a snowmobile was a way of life for some Alaskans, particularly in rural areas. He said he was not aware of existing laws restricting the areas in which snowmobiles could be used. He stated what he was hearing from today's testimonies was that it is illegal, however, we may not want to enforce this issue in the rural communities, but it will be enforced in the municipalities and the more concentrated population areas of the state. He said he had a problem with this inconsistency of a law. Number 552 CHAIRMAN DAVIS remarked one thing we learn in Juneau quickly is we do not assume anything. HB 277 is probably not dead and Representative Kubina has heard all testimony and will draft an amended version of this bill and bring it back to the House Transportation Committee at a later date. MS. HENSLEY indicated that several years ago there was a superior court decision on a snowmobile and drunk driving issue in the city of St. Mary's. In that area, the individual filed an appeal with the superior court stating that they could not take any action against him for drunk driving because he was operating a snowmobile. The city of St. Mary's then said they require by ordinance that all individuals operating a snowmobile on the city streets of St. Mary's must have a valid driver's license. The court upheld that decision, stating that because the city had that ordinance, they upheld that decision that he was drunk driving. She said if the city of Valdez chooses to allow the operation of snowmobile on their city streets, then, they can by ordinance, adopt that they meet Title 28 licensing laws. She indicated the department does have sufficient laws on the books that will allow them to do that. REPRESENTATIVE JAMES stated she did not realize that it was illegal for young people to be riding snowmobile along roadways. She agreed with Mr. Jernigan's comment on the fact we should not have laws that we can turn our heads at. If we are going to look the other way, then there should be a provision in the law that would allow for this. She stated in the city of North Pole where she lives, people freely use snowmobile on all the roads. She said she was unaware of this being illegal and expressed concern for this issue. REPRESENTATIVE KUBINA said the city of Valdez has allowed this practice to go on for years. He explained most people are traveling from their homes to the snowmobile areas which are scattered around the town. The city council felt uncomfortable when they were talking about winter tourism and how they would regulate snowmobile usage. The city attorney said it appears we may be in violation of the law with the operation of snowmobiles. The city did not want to be in violation of the law, but the police chief said he was not familiar with the procedures for the regulating of snowmobile usage; however, now that it is brought to his attention, it places him in an uncomfortable situation. He concluded this was the reason this bill was before the committee, so as not to purposely break the law, but to make an attempt at giving some flexibility to the municipalities for carrying this out so it is done in a safe and legal manner. Number 585 CHAIRMAN DAVIS asked if there were any questions and thanked Representative Kubina. He announced that Representative Kubina would present the House Transportation Committee with a revised version of HB 277.
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