Legislature(2017 - 2018)BUTROVICH 205
04/03/2018 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB199 | |
| HB259 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 199 | TELECONFERENCED | |
| + | HB 259 | TELECONFERENCED | |
HB 259-CONFINING VEHICLE LOADS
1:41:33 PM
CHAIR STEDMAN announced the consideration of HB 259, an act
relating to containing and confining loads being transported on
highways.
1:41:52 PM
REPRESENTATIVE LOUISE STUTES, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 259, stated the following:
I brought this bill forward on behalf of an Alaskan
who was grievously injured as a result of someone
failing to properly secure their cargo in their
vehicle. This bill addresses a serious gap in our
confined-load statute which will protect the safety of
Alaskan drivers and pedestrians.
In Alaska, even if you are seriously injured as a
result of someone's negligence in securing their load,
the current confined-load statute only allows for a
$300 traffic infraction. Additionally, the current
confined-load statute only applies to sand, gravel,
rock or similar materials, leaving out a litany of
objects that can injure or kill other drivers or
pedestrians. This bill updates Alaska's combined load
statute to include all materials that escape your
vehicle with a few specific exemptions. It also
requires maintaining six inches of freeboard or
tarping loads consisting of: sand, gravel, rock or
similar materials. It is a responsible public safety
measure that will reduce injuries, fatalities,
property damage, and roadway litter. It will be a move
in moving Alaska one step ahead.
1:43:59 PM
MATT GRUENING, Staff, Representative Stutes, Alaska State
Legislature, Juneau, Alaska, provided an overview of HB 259 as
follows:
Whether someone overflows the bed of their truck with
rocks and gravel, plywood, scrap metal, loose debris
on the way to the dump, or simply fails to tie down
large objects in a flatbed, unsecured loads are an
undisputed hazard to other users of the roadway and
pedestrians. Improperly secured loads can cause
serious injuries, property damage, and fatalities.
The AAA Foundation for Traffic Safety concluded that
from 2011 to 2014, road debris was a factor in more
than 200,000 police-reported crashes, those crashes
resulted in approximately 39,000 injuries and 500
deaths. Additionally, the report found that about two
thirds of these accidents were the result of items
falling from a vehicle due to unsecure loads and
improper maintenance.
In another study by the U.S. Government Accountability
Office it was found that there were approximately 440
fatalities caused by roadway debris in 2010, that data
was gathered by the National Highway Traffic Safety
Administration.
All 50 states have laws that require drivers to
properly secure loads in any vehicle or trailer and
impose fees that range from $10 to $5,000. In most
states, failing to properly secure a load is a traffic
violation. In Alaska, as the representative indicated,
even if it results in a serious physical injury it is
an infraction punishable by a fine not to exceed $300;
however, in 15 states they have instituted possible
criminal penalties for failing to properly secure
loads. I would also like to note that there is a
Legislative Research report that compares those laws
and provides additional information about Maria's Law
in Washington state which this legislation closely
resembles.
Last year the State of Alaska, the mayor of Anchorage,
the Anchorage assembly, the mayor of the Mat-Su
Borough, and the Mat-Su Borough assembly officially
declared June 6 as "Secure Your Load Day" by issuing
proclamations and resolutions recognizing the hazards
of failing to take the simple steps of affixing every
load.
MR. GRUENING noted that in 2016, Solid Waste Services in
Anchorage issued 1,392 citations for unsecured loads.
1:46:17 PM
He continued the overview of HB 259 as follows:
HB 259 establishes standards for load securement for
all types of materials and requires covering or
maintaining six inches of freeboard with loads
consisting of sand, dirt, rock, gravel, and similar
materials.
I would like to point out that there is a very high
bar in this legislation for somebody to be charged
with a misdemeanor, a violation only gets raised to
the level of a class A misdemeanor if a person fails
to secure a load with a mental stage of criminal
negligence and it results in a serious physical injury
of another person. Likewise, a violation can only
become a class B misdemeanor if a person fails to
secure a load with criminal negligence and it results
in $5,000 or more in damage to another person's
property. A violation under any other circumstance is
a traffic infraction and has a penalty on the first
offense of $300 which is consistent with current law.
The legislation will decrease roadway litter, property
damage, injuries and fatalities. It is a responsible
public safety measure to protect Alaskan drivers and
avoid costly repairs that result from the actions or
inactions of others.
MR. GRUENING provided background information on invited
testimony in support of HB 259. He noted that Robin Abel is a
nationwide advocate of load securement and the mother of Maria
Federici who is the namesake of "Maria's Law," a law adopted by
Washington state which criminalizes a person's failure to secure
a load. He added that Kelly Roy from Alaska would also address
committee members regarding a tragedy she experienced due to an
unsecured load. He noted that under the state's current
confined-load statute, Ms. Roy had no recourse other than a
littering fine. He said Ms. Roy brought the bill to
Representative Stutes' office in hopes that others could avoid
her experience.
He summarized that unsecured load incidences happen all too
often and are completely avoidable by taking the short and
simple steps of inspecting a load and securing it if necessary,
before operating a vehicle.
1:49:24 PM
He referenced the sectional analysis for HB 259 as follows:
Section 1 on Page 1, line 3 through Page 3, line 9: AS
28.35.251 is repealed and reenacted:
Subsection (a) on Page 1, lines 4 through 7:
This subsection states that a person is guilty of the
crime of failure to contain or confine a load in the
first degree if, with a mental state of criminal
negligence, they violate (c) and as result, cause
serious physical injury to another person. Criminal
negligence applies to the act of the securing the
load. Failure to contain or confine a load in the
first degree is a class A misdemeanor.
Subsection (b) on Page 1, lines 8 through 10:
This subsection states that a person is guilty of the
crime of failure to contain or confine a load in the
second degree if, with criminal negligence, they
violate (c) and as result, cause property damage of
$5,000 or more to another person's property. Criminal
negligence applies to the act of the securing the
load. Failure to contain or confine a load in the
second degree is a class B misdemeanor.
Subsection (c)(1)(A)(i)(ii) and (B) on Page 1, line 11
through Page 2, line 7:
This subsection specifies that 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
it is secured or situated in a way that prevents it
from escaping the vehicle or shifting to the extent
that the vehicle's maneuverability or stability is
adversely affected and the load is treated by methods
approved through regulation by the Department of
Public Safety that are designed to settle the load or
remove loose material before it is driven on a
highway. Failure to contain or confine a load in the
third degree is an infraction.
Subsection (c)(2) on Page 2, lines 9 through 12:
This subsection specifies that a person may drive or
move a motor vehicle loaded with sand, gravel, dirt,
rock, or similar materials if at least 6 inches of
freeboard is maintained around the perimeter of the
load or a cover is used and securely fastened.
Subsection (d)(1) on Page 2, lines 13 through 16:
This subsection is an exemption that specifies that
the provisions of this act do not apply to a vehicle
that deposits sand, liquids, or other materials for
the purpose of cleaning, maintaining, or improving
traction on the highway.
1:52:36 PM
Subsection (d)(2) on Page 2, lines 17 through 18:
This subsection is an exemption that specifies that
the provisions of this act do not apply to the natural
accumulation of snow, ice, mud, dirt, or similar
materials.
Subsection (d)(3) on Page 2, line 19:
This subsection is an exemption that specifies that
the provisions of this act do not apply to a vehicle
that is removing snow or hauling snow after removal.
Subsection (d)(4) on Page 2, lines 20 through 21:
This subsection is an exemption that specifies that
the provisions of this act do not apply to random
litter escaping a vehicle. Litter is defined in this
section as plastic wrappers, empty plastic bags,
leaves, paper, or similar soft materials. "Random"
modifies "litter" to clarify that a load of litter is
not exempted.
Subsection (e) on Page 2, lines 22 through 24:
This subsection specifies that in prosecution under
(a) or (b), which is failure to contain or confine a
load in the first degree or second degree
respectively, a person being convicted in the
preceding 10 years of a violation under (c), which is
failure to contain or confine a load in the third
degree, is prima facie evidence that the person acted
with criminal negligence when securing the load.
Subsection (f)(1) on Page 2, lines 25 through 27:
This subsection specifies that failure to contain or
confine a load in the first degree is a class A
misdemeanor.
Subsection (f)(2) on Page 2, lines 28 through 29:
This subsection specifies that failure to contain or
confine a load in the second degree is a class B
misdemeanor.
Subsection (f)(3)(A), (B), (C), and (D) on Page 2,
line 30 through Page 3, line 7:
This subsection specifies that failure to contain or
confine a load in the third degree is an infraction
punishable by a fine of not more than $300 on the
first offense, $750 on the second offense, $1,500 on
the third offense, and $2,500 on the fourth offense.
The penalty for the first violation is consistent with
current statute.
Subsection (g) on Page 3, lines 7 through 8:
This subsection specifies that criminal negligence in
this section has the meaning given in AS 11.81.900.
Section 2 on Page 3, lines 5 through 6. AS 28.35.253
is amended by adding a new subsection:
This section is a conforming amendment to reflect the
repeal and reenactment of AS 28.35.251 in Section 1 of
the bill and the repeal of AS 28.35.255. AS 28.35.255
currently houses the penalties for violations of both
AS 28.35.251 and AS 28.35.253. Violating AS 28.35.253
is currently an infraction and there is no substantive
change.
Section 3 on Page 3, line 11:
This section repeals 28.35.255.
1:56:12 PM
SENATOR WILSON asked how many people may have a second or more
infractions under the current law.
MR. GRUENING answered that he did not know. He suggested posing
the question to the Alaska State Troopers. He added that he was
not sure if the Alaska State Troopers tracked subsequent
offenses.
SENATOR WILSON asked if more of the penalties for serious harm
covered through insurance or covered through the process of
going through civil court rather than criminalize someone who is
moving down the road and a strap falls off.
MR. GRUENING replied that a person who strapped their load and
the strap came loose would not be liable for a criminal penalty
under HB 259 because the individual would not have acted with
criminal negligence when they secured their load. He detailed
"criminal negligence" as follows:
A person acts with criminal negligence with respect to
a result or a circumstance described by a provision of
law defining an offense when a person fails to
perceive a substantial and unjustifiable risk that
will occur or that the circumstances exist.
MR. GRUENING emphasized the following regarding "criminal
negligence:"
The risk must be such a nature and degree that the
failure to perceive it constitutes a gross deviation
from the standard of care that a reasonable would
reserve in a situation.
MR. GRUENING summarized that criminal negligence would occur if
a person failed to perceive a situation that a reasonable person
under a gross deviation for a standard of care that results in a
serious physical injury of another person. He said someone who
tries to secure a load or that a reasonable person would not
perceive as a risk would not be statutorily liable. He continued
as follows:
I think when we were drafting this, we viewed that
offense as a serious enough nature if those two
circumstances existed, the serious physical injury and
the criminal negligence, to rise to the level of a
misdemeanor instead of leaving somebody to civil
recourses.
1:59:49 PM
REPRESENTATIVE STUTES added that securing a load takes very
little effort when the act could very possibly be saving a life.
SENATOR WILSON voiced concern that he feared a situation where a
person helps a friend move but the individual does not know
whether a load is secure or the laws that apply.
REPRESENTATIVE STUTES asserted that securing something that has
the potential to come out of one's truck and injure someone is
almost common sense.
SENATOR EGAN addressed a letter from Aves Thompson, Alaska
Trucking Association, saying that the legislation is not needed.
MR. GRUENING agreed that the letter from the Alaska Trucking
Association asserted that the legislation duplicates current
laws.
SENATOR EGAN opined that the current laws do nothing for the
general public.
MR. GRUENING agreed that while the Alaska Trucking Association
is heavily regulated for securing loads, the public does not
have requirements. He said the association's issue was the
legislation's requirement for trucks to place a tarp over gravel
or have six inches of freeboard, a non-issue exemption that has
been law for almost 10 years in the state of Washington. He
summarized that the legislation covers the public and adds more
stringent requirements than are needed for dealing with gravel.
2:03:58 PM
CHAIR STEDMAN opened public testimony.
2:04:45 PM
KELLY ROY, representing self, Anchorage, Alaska, testified in
support of HB 259. She provided details related to a car
accident she experienced due to an unsecured load. She said she
has been fighting for three years to get back what she lost for
something that could have been prevented by securing a load. She
confirmed Mr. Gruening's statistical analysis for Anchorage
where 1,392 citations were issued in 2016 for unsecured loads
going to the landfill and 1,191 citations issued in 2017. She
said her hope is the legislation will educate and remind every
person how dangerous an unsecured load really is.
2:09:57 PM
ROBIN ABEL, representing self, Seattle, Washington, testified in
support of HB 259. She provided details related to her
daughter's 2004 car accident that happened in Washington state
due to an unsecured load. She disclosed that the unsecured load
incident was not a crime in Washington state, strictly a
littering ticket. She said the law was changed the following
year by legislation named after her daughter, Maria Federici,
called "Maria's Law." She disclosed that truckers in Washington
state supported the law because, "They understood this law
enhanced their current six-inch rule and they didn't consider
this change anything but good for safety." She added, "The tough
work begins after the law is changed, it's one thing to change a
law but a lifetime commitment to educate the public on the
importance of load securement."
She addressed Senator Wilson's question regarding a civil court
action as follows:
You have to have someone to go after to go to get
civil justice and it takes you years and when you do
get the check, it's no justice.
2:15:34 PM
AVES THOMPSON, Executive Director, Alaska Trucking Association,
Anchorage, Alaska, testified in opposition of HB 259. He
referenced a letter he sent to committee members on behalf of
the Alaska Trucking Association as follows:
Our industry is highly regulated by both federal and
state statute and regulation. The commercial vehicle
load securement regulations are very detailed, very
specific. I believe we do a pretty good job.
Occasionally there's something that falls off, but I'm
not aware of any injuries that have resulted from
dropping or leaking or spilling of loads.
MR. THOMPSON said reference was made to the 1,300 violations at
Anchorage's municipal landfill. He disclosed that the
association has never objected to securing loads and emphasized
that loads should be secured. He said the association's only
point is commercial vehicles are already bound by strict statute
and regulation for load securement. He specified that when the
association states that HB 259 is duplicative, the duplicity is
relative to the trucking industry. He summarized that the
association was in opposition of HB 259 due to the legislation's
duplicity and commercial vehicle coverage.
He noted that Representative Stutes mentioned securing loads was
easy and inexpensive. He pointed out that a canvas tarp for a
"belly dump" or "end dump" truck can run from $6,000 to $8,000.
He said the association feels its operators are currently doing
a safe job and loads are being contained.
2:19:07 PM
DAN LOWDEN, Captain, Alaska State Troopers, Alaska Department of
Public Safety, Anchorage, Alaska, addressed Senator Wilson's
question regarding multiple citations for unsecured loads. He
said the Department of Public Safety could share citation
departmental numbers, but there was no repository for tracking
unsecured load citations from individual municipalities.
SENATOR WILSON asked that the Department of Transportation and
Public Facilities address his question regarding funds available
to states to raise awareness on unsecured loads. He asked if
federal funding was available to Alaska.
2:21:08 PM
MIKE LESMANN, Legislative Liaison, Alaska Department of
Transportation and Public Facilities, Juneau, Alaska, said he
would get back to the committee with an answer to the question.
MR. GRUENING responded to Mr. Thompson's previous testimony as
follows:
We do agree that they have stringent standards for
load securement. From our perspective though, we don't
see why the bill should not apply to them if one of
their operators with criminal negligence failed to
secure their load and it killed another person. If
they don't abide by their own securement standards
with criminal negligence and that result occurs, we
have a difficult time seeing why the public would be
liable to that standard, but the truckers wouldn't.
To his point about the cost of tarping, we did that
analysis, we did come up with a different figure than
$8,000, it was closer to $2,500 to $3,000; but, the 6-
inch freeboard exemption has existed in law for a long
time in Washington state. DOT's fiscal note is a zero
fiscal note because they already abide by the six-inch
freeboard exemption for dirt, rock, sand, gravel, or
similar materials.
So, there's two options in the bill, there is tarp or
six inches of freeboard around the perimeter. DOT can
abide by it, the Washington state truckers can abide
by it, I don't see how it is going to require them to
all purchase tarps.
2:23:12 PM
REPRESENTATIVE STUTES thanked the committee for hearing the bill
and Ms. Roy for traveling from Anchorage to testify in person.
2:23:23 PM
CHAIR STEDMAN held HB 259 in committee.
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