This page is no longer used please use www.akleg.gov
30th Legislature(2017-2018)

Bill Text 30th Legislature


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.                                                
03                           _______________                                                                               
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;                                                 
01                 and                                                                                                     
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;                                             
05            and                                                                                                          
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]