Bill Text 30th Legislature
- Session Laws
00 Enrolled SB 199
01 Relating to the use of off-road vehicles within the James Dalton Highway corridor; and
02 relating to containing or confining loads being transported on highways.
04 * Section 1. AS 19.40.210 is amended to read:
05 Sec. 19.40.210. Prohibition of off-road vehicles. Off-road vehicles are
06 prohibited on land within [FIVE MILES OF THE RIGHT-OF-WAY OF] the highway
07 corridor. However, this prohibition does not apply to
08 (1) off-road vehicles necessary for oil and gas exploration,
09 development, production, or transportation;
10 (2) a person who holds a mining claim in the vicinity of the highway
11 and who must use land in [WITHIN FIVE MILES OF THE RIGHT-OF-WAY OF]
12 the highway corridor to gain access to the mining claim; [OR]
13 (3) the use of a snow machine to travel across the highway corridor
14 from land outside the corridor to access land outside the other side of the corridor; this
01 paragraph does not permit the use of a snow machine for any purpose within the
02 corridor if the use begins or ends within the corridor or within the right-of-way of the
03 highway or if the use is for travel within the corridor that is parallel to the right-of-way
04 of the highway; or
05 (4) a person who must use land in the highway corridor to gain
06 access to private property that
07 (A) is located outside the corridor; and
08 (B) has an established history of use as a homestead [IN
09 THIS PARAGRAPH, "HIGHWAY CORRIDOR" MEANS LAND WITHIN
10 FIVE MILES OF THE RIGHT-OF-WAY OF THE HIGHWAY].
11 * Sec. 2. AS 19.40.210 is amended by adding new subsections to read:
12 (b) Nothing in this section authorizes a person to access the land of another
13 person unlawfully.
14 (c) In this section, "highway corridor" or "corridor" means land within five
15 miles of the right-of-way of the highway.
16 * Sec. 3. AS 28.35.251 is repealed and reenacted to read:
17 Sec. 28.35.251. Failure to contain or confine a load. (a) A person commits
18 the crime of failure to contain or confine a load in the first degree if the person, with
19 criminal negligence, violates (c) of this section and, as a result of that violation, causes
20 serious physical injury to another person.
21 (b) A person commits the crime of failure to contain or confine a load in the
22 second degree if the person, with criminal negligence, violates (c) of this section and
23 damages the property of another person in an amount of $5,000 or more.
24 (c) A person commits the offense of failure to contain or confine a load in the
25 third degree if the person drives or moves a motor vehicle loaded with any material on
26 a highway unless
27 (1) the load is
28 (A) contained or confined to prevent the load from
29 (i) dropping, leaking, or escaping; or
30 (ii) shifting on or within the vehicle to the extent that
31 the motor vehicle's stability or maneuverability is adversely affected;
02 (B) subjected to treatment by methods, approved by the
03 commissioner of public safety by regulation, designed to settle the load or
04 remove loose material before the vehicle is driven or moved on the highway;
06 (2) at least six inches of freeboard is maintained around the entire
07 perimeter of a load consisting of sand, gravel, dirt, rock, or similar materials or the
08 load is covered and securely fastened to prevent the cover from becoming loose or
09 detached or from being a hazard to other users of the highway.
10 (d) This section does not apply to
11 (1) a vehicle that drops, sprinkles, or sprays sand, liquids, or other
12 materials for the purpose of cleaning or maintaining the highway or providing or
13 improving traction;
14 (2) a commercial motor vehicle that is subject to the federal motor
15 carrier cargo securement standards implemented through state or federal law;
16 (3) the natural accumulation of snow, ice, mud, dirt, or similar
17 materials on a motor vehicle;
18 (4) a vehicle that is removing snow or hauling snow after removal; or
19 (5) random litter; in this paragraph, "litter" includes plastic wrappers,
20 empty plastic bags, leaves, paper, or similar soft materials.
21 (e) Failure to contain or confine a load in the
22 (1) first degree is a class A misdemeanor punishable as provided in
23 AS 12.55;
24 (2) second degree is a class B misdemeanor punishable as provided in
25 AS 12.55;
26 (3) third degree is an infraction punishable by a fine of not more than
27 (A) $2,500 if the person has been previously convicted three or
28 more times of a violation of this section;
29 (B) $1,500 if the person has been previously convicted twice of
30 a violation of this section;
31 (C) $750 if the person has been previously convicted one time
01 of a violation of this section; or
02 (D) $300 if the person has not been previously convicted of a
03 violation of this section.
04 (f) In this section, "criminal negligence" has the meaning given in
05 AS 11.81.900.
06 * Sec. 4. AS 28.35.253 is amended by adding a new subsection to read:
07 (b) Violation of this section is an infraction.
08 * Sec. 5. AS 28.35.255 is repealed.
New Text Underlined [DELETED TEXT BRACKETED]