Legislature(2017 - 2018)BARNES 124
03/13/2018 01:15 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB314 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 314 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 314-DEFINITION OF COMMERCIAL MOTOR VEHICLES
1:20:17 PM
CO-CHAIR WOOL announced that the only order of business would be
HOUSE BILL NO. 314, "An Act relating to commercial motor
vehicles."
1:20:55 PM
JOHN BINDER, Deputy Commissioner, Department of Transportation &
Public Facilities (DOT&PF), stated that HB 314 proposes to bring
Alaska's definition of a commercial motor vehicle into the
twenty-first century by making changes that will benefit farmers
who transport agricultural commodities or supplies in Alaska.
He said existing restrictions on farm vehicles limit their
movement to within 150 miles of the farmers' farms. The
proposed legislation would allow farmers to operate anywhere in
Alaska. He said the Moving Ahead for Progress in the 21st
Century Act (MAP-21) made the federal regulations of farmers
less restrictive than currently existing language in Alaska
Statutes. Deputy Commissioner Binder related that HB 314 also
proposes that the transportation of hazardous materials should
be amended to only apply to quantities of substances that
require a placard, regardless of the size of the vehicle.
Finally, he said that under HB 314, the definition of "school
bus" would be updated to provide clarity as to when school buses
are exempt from commercial motor vehicle requirements.
1:22:08 PM
DAN SMITH, Director, Division of Measurement Standards &
Commercial Vehicle Enforcement, Department of Transportation &
Public Facilities (DOT&PF), offered a sectional analysis of HB
314. He said Section 1 would add "or area" to "vehicular way",
because the two go together; the definition of "vehicular way or
area" is found under [regulation]. He explained that "covered
farm vehicles" [found on page 2, line 4, of HB 314], does not
mean vehicles that have covers but rather vehicles that are
covered under exemption. He said the term was generated under
MAP-21.
1:23:32 PM
REPRESENTATIVE NEUMAN clarified that "covered" meant covered by
insurance.
1:24:08 PM
MR. SMITH continued. He stated that presently, under 19-10-399,
farm vehicles operating more than 150 air miles from the center
of a farm would be regulated as a motor carrier. The proposed
legislation would change that to allow the farm vehicles to
operate anywhere in the state of Alaska as a farm vehicle, which
would relieve them from a lot of regulations required of motor
carriers. In response to a question from Co-Chair Wool, he
paraphrased the definition of "commercial motor carrier", which
is found under Alaska Statute Title 28 and read as follows:
(2) commercial motor carrier" means a person that
provides transportation for compensation, or that
provides a vehicle to a person or entity that provides
transportation for compensation, including the
person's agents, officers, representatives, employees
responsible for hiring, supervising, training,
assigning, or dispatching of drivers, and employees
overseeing the safety, installation, inspection, and
maintenance of motor vehicle equipment and
accessories.
MR. SMITH directed attention to Section 2, which clarifies
language related to hazardous materials.
1:25:18 PM
REPRESENTATIVE NEUMAN brought attention back to Mr. Smith's
statement about 150 miles, and he asked if the statute makes a
distinction between "motor carrier" and "carrier" based on
whether it carries personal or other people's property.
MR. SMITH answered yes, there is a distinction between a private
motor carrier and a motor carrier that would be in the business
of transporting other people's goods; each would have a
different type of operating authority.
REPRESENTATIVE NEUMAN said often a farmer shipping cattle to a
slaughterhouse will pick up cattle from other farmers. He asked
if the farmer would have to have a different license to be able
to do that. He remarked that that would be impractical.
MR. SMITH answered no. He said there are additional exceptions
outside of what are being outlined under HB 314 that "would
allow relief from regulations for those drivers."
CO-CHAIR WOOL asked Mr. Smith to confirm that he was saying that
"they're exempted from commercial requirements, even if they're
carrying for someone else - it's not their own farmed goods."
MR. SMITH answered that is correct. He emphasized that there
are numerous exemptions, including for transferring materials,
livestock, and fertilizer. He noted that fertilizer carried in
quantity by a motor carrier would be treated as hazardous
material. He said, "The farm vehicle gets to carry a much
larger capacity or normal value of that hazardous material, and
we don't regulate it as a hazardous material, because they do
get the exceptions, and it's the same exceptions that exist for
the livestock." In response to a follow-up question from
Representative Neuman, he confirmed that a Class 3 placard
covers a lot of the flammable liquids that a farmer would
probably used in ordinary operations of his/her farm, and he
said there is a quick delineation between farm vehicles and
motor carriers to make things easier for the enforcement
community, emergency response community, and farming community.
In response to Co-Chair Wool, he reaffirmed that a unique
identifier on the farmer's registration or [the Class 3 placard]
makes for easy identification.
1:30:16 PM
MR. SMITH returned to the sectional analysis. He said in
Section 2, on page 2, line [15], the word "motor" is added
before "vehicle" to clarify that the vehicle is not powered by
animals. He then pointed further in Section 2, where
specification is made as to how much a commercial motor vehicle
weighs in relation to carrying hazardous materials to clarify
when the quantify of hazardous material is not sufficient to
require a placard. The final part of Section 2 addresses school
buses, he said. Presently AS 19.10.399 states that school buses
are not commercial vehicles, which he said is too broad to line
up with the federal definition. He said exceptions for school
buses are "from home to school and school to home," which he
said is called "school bus operations". However, if a motor
carrier uses a school bus, for example, outside of the school
year to take tourists out to see the glacier, then they are
motor carrier passengers and are regulated as such. In response
to a question, he noted that "school bus operations" is defined
on page 4, lines 4-5.
1:32:13 PM
CO-CHAIR WOOL asked about school bus use for school kids going
on field trips. He said, "I assume that's still ... school bus
operation."
MR. SMITH said there is a fine line there. He explained that
school bus operation includes students taking a bus from school
and back for the purpose of learning. He said bussing a sports
team is "a little different." He mentioned the 150-mile limit
and said when a school team is bussed from Anchorage to Valdez,
"that is then regulated as a board carrier of passengers," which
is in line with federal definition. He said federal government
has jurisdiction over passengers in the state of Alaska, and
federal rule is that certain requirements need to be met for
vehicles carrying more than 15 passengers, for instance, a log
book and certain qualifications for the driver.
CO-CHAIR WOOL asked, "And what if it's less than 150 miles, say,
Anchorage to Chugiak?" He specified he was talking about a
sporting event on a school bus between two adjacent towns that
are less than 150 miles apart.
MR. SMITH responded that that would be a motor carrier of
passengers. In response to Representative Neuman, he confirmed
that the driver of that bus would have to have [a commercial
driver's license (CDL)].
1:35:02 PM
REPRESENTATIVE CLAMAN observed that school busses are motor
vehicle carriers as opposed to commercial motor vehicles. He
added, "So, it's not as if they're outside of regulation;
they're just being regulated as commercial motor vehicles."
MR. SMITH confirmed Representative Claman was correct.
REPRESENTATIVE CLAMAN noted that there are huge farm vehicles
that get transported. He asked if that is treated differently
from an oversized load that is not owned by farmers.
MR. SMITH answered that the intent of HB 314 is to affect only
legal sized vehicles. Size and weight requirements would still
be in effect. He said there is an exception for implements of
husbandry. He explained that would not be the transport of a
large combine, but rather a pull-behind implement, which has
been allowed exceptions for "their permitting of those oversized
movements."
REPRESENTATIVE CLAMAN noted that language on page 3, lines 28-
29, states, "used to transport agricultural commodities,
livestock, machinery", and a combine is agricultural machinery,
and he offered his understanding that Mr. Smith was saying a
combine wider but not heavier than the limits would still be
covered under existing commercial regulations and would not be
exempted from those under HB 314.
MR. SMITH clarified he was saying that the requirements of
Chapter 25 speak to "the requirements for oversize and
overweight movements" and would still be in effect "for these
farm vehicles and the farm machinery."
1:38:16 PM
AVES THOMPSON, Executive Director, Alaska Trucking Association
(ATA), noted that ATA is a statewide organization representing
the interests of its nearly 200-member companies from Barrow to
Ketchikan. He said freight movement is an essential part of the
economy. He said he is testifying in support of HB 314. He
opined that any effort to clarify statutes makes it easier for
the industry to understand and comply with those statutes. He
stated that HB 315 would reduce the burden on farmers and farm
vehicles by removing the 150-mile restriction on farmers
transporting their "covered farm vehicles", allowing them to
operate statewide. Further, the proposed legislation makes
clear that if those farmers choose to "enter the for-hire
world," then they would have to comply with commercial vehicle
rules and regulations. He stated that HB 314 would provide
certainty for motor carriers of passengers by clearly
identifying school bus operations; school buses are not
considered commercial vehicles while conducting "school bus
operations". He noted school bus operators will have to comply
with commercial vehicle rules and regulations if they engage in
for-hire transport in other than school bus operations. Mr.
Thompson stated that HB 314 also provides clarification for
carriers transporting hazardous materials in amounts that
require a placard. He said ATA urges the House Transportation
Standing Committee to consider the changes proposed under HB 314
favorably, as they will provide valuable clarifications.
1:40:57 PM
ARTHUR KEYES, Director, Division of Agriculture, Department of
Natural Resources (DNR), testified in support of HB 314 as a
bill that makes sense for Alaska's farmers. For example, he
said McKinley Meat & Sausage, in Palmer, Alaska, is the primary
United States Department of Agriculture (USDA) slaughter
facility in the state. Many farmers traveling to the facility
are traveling beyond the current 150-mile limit. He reiterated
that HB 314 makes sense for Alaska farmers, and he said it would
provide clarity and certainty in regard to operating a farm and
transporting farm goods.
1:42:00 PM
BRYCE WRIGLEY, Alaska Farm Bureau, testified in support of HB
314. He opined that the 150-mile limit was a federally imposed
restriction that never made sense for most Western states and
especially not Alaska. He added, "If there was ever a state
that needed to make this change, it is Alaska." Mr. Wrigley
said HB 314 would make it easier for farmers to get their crops
to market and supplies to farms, and it would reduce confusion
for motor vehicle enforcement officers in terms of whether a
farm vehicle "is operating within its legal sphere." Mr.
Wrigley said there are not many communities in Alaska that are
within 150 miles of each other; therefore, "this is an important
opportunity for us to ... connect those markets with the farms."
1:43:21 PM
JOHN DART, Owner, Dart-AM Farms, LLC, stated that Manley Hot
Springs is 165 miles by road from Fairbanks, Alaska, and 500
miles one way to Anchorage, Alaska, where he sells produce. He
stated that HB 314 "makes 100 percent sense for our farms." He
said one of the big challenges he faces as a
grower/packer/shipper is that his company has to do everything.
He said he thinks legislators need to understand that his
company helps other farmers; those in the business want to see
the industry grow. He expressed his hope that the committee
would consider and pass HB 314, and he indicated he would
[testify when HB 314 reached] "the Senate side." He said all
the testimony he heard from representatives of the state agency
and from the trucking industry made sense. He expressed
appreciation for the hard work of the committee.
1:45:45 PM
WILLIAM LONGBRAKE relayed that Country Garden Farms ships sod
statewide and also mills hay. He said he helps farmers in Delta
sell their hay in the larger market in Palmer and Anchorage. He
said he supports all the comments that had been made thus far.
He stated there is a growing livestock and grain market, and he
opined that [HB 314] would really help to grow that industry.
1:46:47 PM
CO-CHAIR WOOL retroactively opened public testimony on HB 314,
acknowledging that the committee had been hearing it.
1:47:17 PM
REPRESENTATIVE NEUMAN, directing his remarks to Mr. Smith, noted
that many times a farmer will use a flatbed to move hay or
fertilizer. He offered his understanding that those vehicles
are labeled as commercial vehicles. He questioned how such a
vehicle could have "a farm truck license plate on it or a plate
that says farm."
MR. SMITH replied, "This change would affect vehicles below
26,001 pounds; so, those are vehicles that do not require a
commercial driver's license." He said it would also apply to
those vehicles above that weight, which includes a typical
tractor/trailer combination. He said, "Those will also fall
under the definition of covered farm vehicle, and they would get
those exceptions." He continued:
As to a farm plate: Yes, that would still be a
requirement ... for them to have a farm plate. They
would not have to have the markings of a commercial
vehicle; that farm plate would identify them as a
farmer's vehicle, and they would then get the
exceptions."
REPRESENTATIVE NEUMAN asked if, under HB 314, a vehicle over
10,000 pounds would not have to register as a commercial vehicle
but would register as a farm vehicle. He added, "Even if it had
a gross vehicle weight of 25,000 and carrying capacity of
100,000?"
MR. SMITH said he would not speak for the Division of Motor
Vehicles in answering the question in terms of title and
registration; however, in terms of enforcement, he answered that
"it would not be a commercial vehicle in our eyes."
1:49:18 PM
CO-CHAIR WOOL read language from [paragraph (1) of Section 2, on
page 2, lines 14-15], which read:
(1) "commercial motor vehicle" means a
self-propelled or towed motor vehicle
CO-CHAIR WOOL then directed attention to ensuing language [from
subparagraph (C), on page 2, lines 19-22], which read:
(C) that
(i) has a gross vehicle
weight rating or gross combination weight rating, or
gross vehicle weight or gross combination weight of
10,001 pounds or more
CO-CHAIR WOOL asked, "Would that qualify as a commercial vehicle
rating?"
MR. SMITH clarified, "We're still saying you're a commercial
vehicle, but you make the exceptions that get you out of the
requirement for those vehicles."
CO-CHAIR WOOL offered a scenario in which someone who owns a
farm brings hay from Homer to Anchorage, and then on the return
trip, he/she brings something back that is "strictly for
commercial load," "non-farm related." He asked, "Could you be
dual purpose?"
MR. SMITH answered, "We see that every single day." He offered
examples. He said that is what the division is trying to
determine. If, for example, someone was carrying hazardous
materials, the division "would be looking to make sure that
you're meeting all those emergency response requirements." He
added, "Yes, it doesn't pigeon-hole you into one type of
operation." In response to a follow-up question, he explained
that the requirements for commercial vehicles are quite
extensive; therefore, it is easy to identify a vehicle that is
being operated as a commercial vehicle. He listed markings,
tires, and breaks, as examples. Farm vehicle [identification]
is a little harder, he said, which is why "that farm plate" is
key for making the determination.
CO-CHAIR WOOL surmised that if a vehicle was being used for dual
purposes, then the division would recognize it as a commercial
vehicle, even if for half the trip it was being used as a farm
vehicle.
MR. SMITH answered yes. He said, "That's more likely the
situation."
1:52:42 PM
CO-CHAIR WOOL announced that HB 314 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB314 Hearing Request 1.29.18.pdf |
HTRA 3/13/2018 1:15:00 PM |
HB 314 |
| HB314 Sponsor Statement 1.29.18.pdf |
HTRA 3/13/2018 1:15:00 PM |
HB 314 |
| HB314 ver A 1.29.18.pdf |
HTRA 3/13/2018 1:15:00 PM |
HB 314 |
| HB314 Fiscal Note DOT-MSCVE 1.29.18.pdf |
HTRA 3/13/2018 1:15:00 PM |
HB 314 |