Legislature(2001 - 2002)
04/02/2002 01:07 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 510-COMMERCIAL MOTOR VEHICLES:REGULATIONS Number 1933 CHAIR KOHRING announced the final matter before the committee, HOUSE BILL NO. 510, "An Act relating to the regulation of commercial motor vehicles to avoid loss or withholding of federal highway money, and to out-of-service orders concerning commercial motor vehicles; amending Rule 43.1, Alaska Rules of Administration; and providing for an effective date." Number 1948 DENNIS POSHARD, Legislative Liaison, Office of the Commissioner, Department of Transportation & Public Facilities (DOT&PF), testified before the committee. He said he would yield testimony to Aves Thompson, who had brought the legislation to the commissioner's attention. He asked that the bill be forwarded on behalf of the department. Number 1994 AVES THOMPSON, Director, Division of Measurement Standards & Commercial Vehicle Enforcement, Department of Transportation & Public Facilities, gave a summary of what his division does. He said HB 510 completes the consolidation of "the truck size, weight, safety, and permitting regulatory program" that was started with Executive Order 98. He said the authority to promulgate regulations for driver/vehicle safety requirements and hazardous-materials transport was not transferred and currently resides in the Department of Public Safety (DPS). Therefore, HB 510 transfers that authority to DOT&PF, and also transfers the authority to conduct commercial-motor-vehicle safety inspections from DPS to DOT&PF. Furthermore, it transfers the size, weight, and permit regulations from the Department of Commerce and Economic Development to DOT&PF. Number 2100 MR. THOMPSON said federal law requires that state motor-vehicle safety regulations be no less stringent than federal law or regulation. If they are found to be less stringent, they are preempted [by federal law]. He said Alaska has avoided that result by referencing the federal motor-carrier safety regulations. He told the committee that hazardous-materials transport regulations follow a similar pattern. Alaska has not received any formal sanctions for its outdated driver/vehicle and hazardous-materials transport regulations. The current state regulations reference federal regulations as they existed in 1995. Mr. Thompson said there are new regulations prepared and ready to go as soon as the legislation becomes effective. Number 2161 MR. THOMPSON summarized by saying that passage of HB 510 completes the transfer of the regulatory authority over commercial motor vehicles to DOT&PF. It is in the best interest of the state and the trucking industry for the transfer to occur, because those responsible for the adoption of the regulations will also be enforcing the standards. He concluded, "With the changes in HB 510, the trucking industry can realize the objective of 'one-stop shopping' in terms of commercial vehicle operations." He urged the committee to support the bill. Number 2195 FRANK DILLON, Alaska Trucking Association, testified via teleconference. He agreed that the bill completes the process started by Executive Order 98. He said [the trucking industry] is currently following federal hazardous-materials transport regulations, but the bill allows [DOT&PF] to bring its regulations up to date. He characterized it as an extremely good bill and urged its passage. Number 2239 BARBARA HUFF TUCKNESS, Director, Legislative and Governmental Affairs, Teamsters Local 959, testified before the committee. She said the bill ties together some loopholes [left over from Executive Order 98]. She voiced strong support for the bill and the fact that it would put all the functions under the purview of one department. Number 2278 CHAIR KOHRING asked Mr. Thompson what means DOT&PF has to enforce the regulations concerning personnel and so forth. MR. THOMPSON answered by saying the department has 30 commercial-vehicle-enforcement officers throughout the state who enforce driver/vehicle safety regulations as well as hazardous- materials regulations. He reiterated that the enforcement authority was left behind in DPS by Executive Order 98. This bill would give DOT&PF the authority to promulgate the regulations that its officers enforce. Number 2365 REPRESENTATIVE WILSON moved to report HB 510 from committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 510 was moved out of the House Transportation Standing Committee.
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