Legislature(2021 - 2022)BARNES 124
04/08/2021 01:00 PM House TRANSPORTATION
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Overview: Discussion of Proposed Regulation 2021200079 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 8, 2021
1:02 p.m.
MEMBERS PRESENT
Representative Grier Hopkins, Chair
Representative Sara Hannan, Vice Chair
Representative Ivy Spohnholz
Representative Harriet Drummond
Representative Tom McKay
Representative Kevin McCabe
Representative Mike Cronk
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
OVERVIEW: DISCUSSION OF PROPOSED REGULATION 2021200079
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
RODNEY DIAL, Mayor
Ketchikan Gateway Borough
Ketchikan, Alaska
POSITION STATEMENT: Testified during the overview of proposed
regulation 2021200079.
BRYCE WARD, Mayor
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: Testified during the overview of proposed
regulation 2021200079.
ALICE RUBY, Mayor
City of Dillingham
Dillingham, Alaska
POSITION STATEMENT: Testified during the overview of proposed
regulation 2021200079.
JIM MATHERLY, Mayor
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: Testified during the overview of proposed
regulation 2021200079.
JOHN MOOSEY, City Manager
City of Palmer
Palmer, Alaska
POSITION STATEMENT: Testified during the overview of proposed
regulation 2021200079.
ACTION NARRATIVE
1:02:38 PM
CHAIR GRIER HOPKINS called the House Transportation Standing
Committee meeting to order at 1:02 p.m. Representatives
Drummond, Hannan, and Hopkins were present at the call to order.
Representatives McKay, McCabe, Cronk, and Spohnholz arrived as
the meeting was in progress.
^OVERVIEW: Discussion of Proposed Regulation 2021200079
OVERVIEW: Discussion of Proposed Regulation 2021200079
1:04:06 PM
REPRESENTATIVE HOPKINS announced that the only order of business
would be an overview of proposed regulation 2021200079.
1:05:43 PM
RODNEY DIAL, Mayor, Ketchikan Gateway Borough, said "the ATV
Assembly" had not met on the topic; therefore, his comments on
this issue would be his own and based on his years as mayor and
former Alaska State Trooper. Mr. Dial said he had worked in
many small communities and could understand the reason for this
regulation change. It is easier to ship an ATV to many of these
areas, and ATVs and snow machines are more suited for use on
some of the roads and rough terrain. He noted that many of
small communities are exempt from mandatory vehicle insurance
compliance. He stated his assumption that citizens of the
Ketchikan Gateway Borough would prefer to keep the status quo in
terms of keeping these vehicles off the main roads but may
welcome the economic opportunity of allowing their use on remote
roads. He said he does not have any objection to the
regulation. He indicated that the ability of the local
municipality to make the regulation change minimizes the
potential negatives and allows specific authorized uses and
areas to be approved for nontraditional motor vehicle uses.
1:09:21 PM
The committee took an at-ease from 1:09 p.m. to 1:11 p.m.
1:11:20 PM
REPRESENTATIVE HANNAN asked about the Alaska State Troopers'
non-pursuit policy regarding pursuit of someone on an ATV or
snow machine, and she asked for more information about the
policy.
MR. DIAL replied there were a number of high profile cases in
which people were being pursued and it resulted in death. As
far as ATVs and snow machines, due to the high risk involved
there should be substantial justification for pursuit, such as
the death of another.
REPRESENTATIVE HANNAN asked about ATVs becoming "street legal"
and whether circumstances would allow more latitude.
MR. DIAL replied that the use of vehicles within a borough is
currently illegal. He envisioned that if a change were made,
someone could petition the borough to pass an ordinance to
exempt certain areas or roadways. He surmised the desire would
be to maintain the status quo. He recognized the many
opportunities regarding tourism, and he indicated there may be
justification to allow the use of ATVs and snow machines.
1:16:45 PM
CHAIR HOPKINS asked if it were less amenable after closing
public comment to allow changes in regulations.
MR. DIAL replied it allowed the borough to do more while
maintaining the status quo.
1:18:14 PM
BRYCE WARD, Mayor, Fairbanks North Star Borough, stated that the
borough had not taken a position on this issue, but its assembly
would be considering a resolution on April 15 to consider the
changes in order to comment before April 18. He said the
proposed regulation could potentially make sense for non-
urbanized areas, but for urbanized areas - particularly second-
class boroughs without road or police powers - it appears
problematic, both from the perspective of safety and the use of
federal highway dollars.
1:21:59 PM
REPRESENTATIVE MCCABE asked whether Mr. Ward had reason to
believe that federal monies would "go away" if ATVs or snow
machines are allowed on the trail.
MR. WARD replied they might not go away but there are concerns
about safety and continued funding; the effect of the changes is
unclear. In response to a request for the source, he said he
could not answer but the issue was "brought up as an item of
concern" that would be discussed at the next assembly meeting.
REPRESENTATIVE MCCABE requested that Mr. Ward share any
subsequently discovered information with the committee.
1:24:25 PM
CHAIR HOPKINS, regarding the possible cause of concern, read a
note the committee had received the prior week from the
Department of Transportation & Public Facilities (DOT&PF), as
follows:
These regulation changes would not be prohibited by
federal highway administration; FHWA only requires
states to track accidents and meet performance targets
to maintain its funding support. FHWA can also
require states to submit corrective action plans if
they do not meet their targets.
CHAIR HOPKINS asked how planning would work if different
municipalities within a borough had different opt-in/opt-out
options.
MR. WARD responded that it could be challenging with different
sets of standards, but it is possible.
REPRESENTATIVE MCCABE named various sets of regulation as
federal, Alaska State Trooper, the City of Fairbanks, and the
City of North Pole.
MR. WARD offered his understanding that if the cities are doing
enforcement, "they are doing it off of the state books ...
unless there is a particular nuance aspect for their
jurisdiction."
1:28:03 PM
ALICE RUBY, Mayor, City of Dillingham, said the City Council had
not taken action on this regulation but has taken action to
address ATVs and snow machines in Dillingham. She stated that
the city cannot support the changes in regulations, because its
residents are vocal about not mixing ATV and snow machine use
with motor vehicle use on the city's primary streets; the
primary concern is one of safety. She gave a description of
Dillingham, including that there are approximately 40 miles of
roads, 15 miles of which are state roads, which are paved, two-
lane, with pedestrian trails adjacent. City streets feed into
the state roads. She said currently all the roads in Dillingham
are restricted to 45 miles per hour or under, so this regulation
would affect them all. Snow machines and ATVs are widely used
and are "workhorses." She talked about planning and enforcement
involved in allowing access and safe crossing for ATVs and snow
machines while keeping them off the main roads. Ms. Ruby said
she would support opting in rather than opting out.
MS. RUBY said she thinks neither the 45-mile per hour nor the
gravel road qualifier are good. She said they would support
"opt-in" rather than "opt-out" as communities that needed or
demanded their use could do so. She pointed out that adding an
issue like this on top of dealing with COVID-19 is not good
timing, creating another issue for the Division of Motor
Vehicles (DMV) at the moment could become another challenge, and
few ATVs were registered or had insurance.
1:38:48 PM
REPRESENTATIVE HANNAN, referencing a chart provided on
governments that had exercised control over ATVs and snow
machines [included in the committee packet], referred to a
stated speed limit of less than 20 miles per hour (mph) and
asked whether that meant roads with that speed limit or certain
vehicles restricted to that speed limit.
MS. RUBY explained that is in reference to five subdivision
roads designed with speed limits of 20 mph or less. In response
to a follow-up question, she confirmed there are no roads in
Dillingham with a speed limit of 45 mph on which ATVs or snow
machines are allowed to operate, with the exception that they
are allowed to cross the road, and they can be operated on "the
primary corridor" to operate on the shoulder of the road. In
response to Representative McCabe, she explained that the ATV
operator is required to maintain a certain distance when riding
on the shoulder.
1:42:21 PM
JIM MATHERLY, Mayor, City of Fairbanks, said the City of
Fairbanks has no regulations in place specific to snow machines
and ATVs but goes by state violations and citations. He said
the city sent a letter, dated April 5, 2021, expressing concerns
for the proposed changes. He said ATVs and similar vehicles are
not equipped with sufficient safety equipment, personal
restraints, and adequate directional lighting. He said snow
removal equipment can be hazardous. He said safety should be
paramount; drivers of ATVs and snow machines may not be
accustomed to following traffic laws allowing them to be
operated on the roadways. He indicated this issue has come up
in the past and been voted down almost unanimously. He opined
that the "opt-out" option would be "wonky" and almost impossible
to enforce, because the borough could not but the city could.
He predicted that if this regulation passes, there will be an
increase in accidents and a lot more work for already stressed
police and fire departments.
1:47:33 PM
REPRESENTATIVE MCCABE suggested changing the city code to
prohibit use of ATVs and snow machines, thus directing the issue
to the city rather than the state.
MR. MATHERLY replied that that makes sense, and he said he would
look into it with the chief of police.
1:49:40 PM
JOHN MOOSEY, City Manager, City of Palmer, said the City of
Palmer would like to have within the [regulation] that all
public roadways within "the corporation limit" are determined by
the city, as the city officials are capable of doing that. He
allowed that the [regulation] may be appropriate for 95 percent
of the state, but said that the City of Palmer is "different"
and wants to make its own determinations.
1:51:36 PM
REPRESENTATIVE MCCABE offered his understanding that the City of
Palmer already regulates off-highway vehicles through Chapter 10
of its municipal code.
MR. MOOSEY confirmed that is correct. He expressed concern that
the city has both city and state roads, and would like to make
decisions regarding ATVs regardless. In response to a follow-up
question, he clarified, "My concern is going to be that we
cannot determine issues for state roads and highways through the
City of Palmer."
1:52:46 PM
CHAIR HOPKINS recommended to the city officials that if they
take any action on this issue or have discussions within their
communities, then they make certain to pay attention to what
type of vehicles would be addressed under this regulation, which
includes not just ATVs and snow machines, but also includes "the
all-purpose vehicle definition," which he said is more
expansive.
1:53:44 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 1:54
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| ATV Snowmachine Regulations - Letter of Opposition City of Wasilla 4.8.2021.pdf |
HTRA 4/8/2021 1:00:00 PM |
ATVs and Snowmachine Regulations - Public Roadways |
| ATV Snowmachine Regulations - Letter of Opposition Donna Gardino 4.8.2021.pdf |
HTRA 4/8/2021 1:00:00 PM |
ATV and Snowmachine Regulations - Public Roadways |
| ATV Snowmachine Regulations - Letter of Opposition Mary Corcoran 4.8.2021.pdf |
HTRA 4/8/2021 1:00:00 PM |
ATV and Snowmachine Proposed Regulations - Public Roadways |