00                             HOUSE BILL NO. 259                                                                          
01 "An Act relating to containing or confining loads being transported on highways."                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 28.35.251(a) is amended to read:                                                                   
04            (a)  A person may not drive or move a motor vehicle loaded with any                                  
05       material [SAND, GRAVEL, ROCK, OR SIMILAR MATERIALS] on a highway                                              
06       unless                                                                                                            
07                 (1)  the load is                                                                                        
08                      (A)  contained or confined to prevent the load from                                            
09                           (i)  dropping, [SHIFTING,] leaking, or escaping; or                                   
10                           (ii)  shifting on or within the vehicle to the extent that                                
11                 the motor vehicle's stability or maneuverability is adversely                                       
12                 affected; or                                                                                        
13 (B)  [, EXCEPT THAT SAND OR OTHER SUBSTANCES                                                                        
14 MAY BE DROPPED, SPRINKLED, OR SPRAYED FOR THE PURPOSE                                                                   
15 OF CLEANING OR MAINTAINING THE HIGHWAY OR PROVIDING                                                                     
01 TRACTION; AND (2) THE LOAD IS] subjected to treatment by methods,                                                       
02 approved by the commissioner of public safety by regulation, designed to settle                                         
03 the load or remove loose material before the vehicle is driven or moved on the                                      
04            highway; or                                                                                              
05 (2)  at least six inches of freeboard is maintained around the entire                                               
06 perimeter of a load consisting of sand, gravel, dirt, rock, or similar materials or                                 
07 the load is covered and securely fastened to prevent the cover from becoming                                        
08       loose or detached or from being a hazard to other users of the highway.                                       
09    * Sec. 2. AS 28.35.251 is amended by adding new subsections to read:                                               
10            (c)  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)  transportation of hazardous materials; or                                                          
15 (3)  the natural accumulation of snow, ice, mud, dirt, or similar                                                       
16       materials on a motor vehicle.                                                                                     
17            (d)  A person who violates (a) or (b) of this section                                                        
18 (1)  is guilty of a class A misdemeanor and is punishable as provided in                                                
19       AS 12.55 if the                                                                                                   
20                      (A)  violation results in physical injury; or                                                      
21 (B)  person has been previously convicted three or more times                                                           
22            of a violation under (a) or (b) of this section;                                                             
23 (2)  under circumstances other than in (1) of this subsection, is guilty of                                             
24 a class B misdemeanor and is punishable as provided in AS 12.55 if the person has                                       
25       been previously convicted twice of a violation under (a) or (b) of this section; or                               
26 (3)  under circumstances other than in (1) or (2) of this subsection, is                                                
27       guilty of an infraction and upon conviction is punishable by a fine of not more than                              
28 (A)  $1,200 if the person has been previously convicted one                                                             
29            time of a violation under (a) or (b) of this section; or                                                     
30 (B)  $600 if the person has not been previously convicted of a                                                          
31            violation under (a) or (b) of this section.                                                                  
01    * Sec. 3. AS 28.35.253 is amended by adding a new subsection to read:                                              
02            (b)  Violation of this section is an infraction.                                                             
03    * Sec. 4. AS 28.35.251(b) and 28.35.255 are repealed.