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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 163                                                                                                         
01 Relating to commercial motor vehicles; and relating to overtaking and passing certain                                   
02 stationary vehicles.                                                                                                    
03                           _______________                                                                               
04    * Section 1. AS 19.10.300(f)(1) is amended to read:                                                                  
05                 (1)  "commercial motor vehicle" means a motor vehicle or a                                              
06       combination of a motor vehicle and one or more other vehicles                                                     
07                      (A)  used to transport passengers or property for commercial                                       
08            purposes;                                                                                                    
09                      (B)  used on [UPON] a land highway or vehicular way or area;                                   
10            [AND]                                                                                                        
11                      (C)  that                                                                                          
12                           (i)  has a gross vehicle weight rating or gross                                               
13                 combination weight rating greater than 26,000 pounds; or                                                
14                           (ii)  is designed to transport more than 15 passengers,                                       
01                 including the driver; and                                                                             
02                      (D)  except that the following vehicles meeting the criteria in                                    
03            (A) - (C) of this paragraph are not commercial motor vehicles:                                               
04                           (i)  emergency or fire equipment that is necessary to the                                     
05                 preservation of life or property;                                                                       
06 (ii)  covered farm vehicles operating anywhere in the                                                               
07 state [THAT ARE CONTROLLED AND OPERATED BY A                                                                          
08 FARMER; USED TO TRANSPORT AGRICULTURAL PRODUCTS,                                                                        
09 FARM MACHINERY, OR FARM SUPPLIES TO OR FROM THAT                                                                        
10 FARMER'S FARM; NOT USED IN THE OPERATIONS OF A                                                                          
11 COMMON OR CONTRACT MOTOR CARRIER; AND USED                                                                              
12                 WITHIN 150 MILES OF THE FARMER'S FARM]; and                                                             
13 (iii)  vehicles used exclusively for purposes other than                                                                
14                 commercial purposes;                                                                                    
15    * Sec. 2. AS 19.10.399(1) is amended to read:                                                                        
16 (1)  "commercial motor vehicle" means a self-propelled or towed                                                         
17       motor vehicle                                                                                                   
18 (A)  used to transport passengers or property for commercial                                                            
19            purposes;                                                                                                    
20 (B)  used on [UPON] a highway or vehicular way or area;                                                             
21            [AND]                                                                                                        
22                      (C)  that                                                                                          
23 (i)  has a gross vehicle weight rating or gross                                                                         
24 combination weight rating, or gross vehicle weight or gross                                                           
25 combination weight, of 10,001 pounds or more [GREATER THAN                                                            
26 10,000 POUNDS] for vehicles used in interstate commerce and 14,000                                                      
27                 pounds or more for vehicles used in intrastate commerce; [OR]                                         
28 (ii)  is designed to transport more than 15 passengers,                                                                 
29                 including the driver; or                                                                              
30 (iii)  is used to transport material found by the                                                                     
31 United States Secretary of Transportation to be hazardous under                                                       
01                 49 U.S.C. 5103 and is transported in any quantity requiring                                           
02                 placarding; and                                                                                       
03                      (D)  for the purposes of intrastate commerce; [EXCEPT                                            
04            THAT] the following vehicles meeting the criteria in (A) and (B) and either                                
05            (C)(i) or (ii) [(A) - (C)] of this paragraph are not commercial motor vehicles:                            
06                           (i)  emergency or fire equipment that is necessary to the                                     
07                 preservation of life or property;                                                                       
08                           (ii)  covered farm vehicles operating anywhere in the                                     
09                 state [THAT ARE CONTROLLED AND OPERATED BY A                                                          
10 FARMER; USED TO TRANSPORT AGRICULTURAL PRODUCTS,                                                                        
11 FARM MACHINERY, OR FARM SUPPLIES TO OR FROM THAT                                                                        
12 FARMER'S FARM; NOT USED IN THE OPERATIONS OF A                                                                          
13 COMMON OR CONTRACT MOTOR CARRIER; AND USED                                                                              
14                 WITHIN 150 MILES OF THE FARMER'S FARM];                                                                 
15                           (iii)  school buses used for school bus operations;                                         
16 (iv)  vehicles owned and operated by the federal                                                                        
17 government unless the vehicle is used to transport property of the                                                      
18 general public for compensation in competition with other persons who                                                   
19 own or operate a commercial motor vehicle subject to AS 19.10.310 -                                                     
20 19.10.399, and except to the extent that regulation of vehicles operated                                                
21                 by the federal government is permitted by federal law; and                                              
22 (v)  vehicles used exclusively for purposes other than                                                                  
23                 commercial purposes;                                                                                    
24    * Sec 3. AS 19.10.399 is amended by adding new paragraphs to read:                                                   
25                 (14)  "covered farm vehicle" means a straight or articulated vehicle                                    
26 (A)  registered in the state with a license plate or other                                                              
27 designation issued by the state that allows law enforcement officials to identify                                       
28            it as a farm vehicle;                                                                                        
29 (B)  operated by the owner or operator of a farm or ranch, or an                                                        
30            employee or family member of an owner or operator of a farm or ranch;                                        
31 (C)  used to transport agricultural commodities, livestock,                                                             
01            machinery, or supplies to or from a farm or ranch; and                                                       
02                      (D)  not used in for-hire motor carrier operations;                                                
03 (15)  "school bus" means a passenger motor vehicle that is designed or                                                  
04 used to carry more than 10 passengers in addition to the driver and that is likely to be                                
05 used to transport pre-elementary, elementary, or secondary school students to and                                       
06       from school;                                                                                                      
07                 (16)  "school bus operations" means the use of a school bus to transport                                
08       students and school personnel to and from school.                                                                 
09    * Sec. 4. AS 28.35.185(a) is amended to read:                                                                        
10 (a)  The driver of a vehicle that approaches a stationary emergency vehicle, fire                                       
11 vehicle, law enforcement vehicle, tow truck in the act of picking up a vehicle, vehicle                               
12 in the act of performing maintenance or road service work, or animal control                                          
13 vehicle being used to perform official duties, when the stationary vehicle is displaying                                
14       flashing emergency lights on a highway or roadway                                                                 
15 (1)  with two or more lanes traveling in the same direction, unless                                                     
16       otherwise directed by law enforcement or emergency personnel, shall                                               
17 (A)  if possible in the existing safety and traffic conditions,                                                         
18 vacate the lane closest to the emergency vehicle, fire vehicle, law enforcement                                         
19 vehicle, tow truck in the act of picking up a vehicle, vehicle in the act of                                          
20 performing maintenance or road service work, or animal control vehicle                                                
21            being used to perform official duties; or                                                                    
22 (B)  if a lane change under (A) of this paragraph would be                                                              
23 impossible, prohibited by law, or unsafe, slow to a reasonable and prudent                                              
24            speed considering the traffic, roadway, and weather conditions;                                              
25 (2)  with fewer than two lanes traveling in the same direction, unless                                                  
26 otherwise directed by law enforcement or emergency personnel, shall slow to a                                           
27 reasonable and prudent speed considering the traffic, roadway, and weather                                              
28       conditions.                                                                                                       
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