CSHB 517(TRA): "An Act relating to records and hearings of the Department of Public Safety; relating to a temporary permit to drive a motor vehicle; relating to regulation of motor vehicles and commercial motor vehicles; relating to ownership of certain abandoned motor vehicles; relating to renewal of a driver's license by mail; relating to commercial driver training schools; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date."
00CS FOR HOUSE BILL NO. 517(TRA) 01 "An Act relating to records and hearings of the Department of Public Safety; 02 relating to a temporary permit to drive a motor vehicle; relating to regulation 03 of motor vehicles and commercial motor vehicles; relating to ownership of certain 04 abandoned motor vehicles; relating to renewal of a driver's license by mail; 05 relating to commercial driver training schools; increasing the property damage 06 amounts for proof of financial responsibility and proof of motor vehicle eligibility 07 in order to lawfully operate a motor vehicle in the state; relating to certain 08 notifications in accidents involving property damage; relating to motor vehicle 09 registration procedures; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 28.05.061(c) is amended to read: 12 (c) Records maintained by the department under this title or regulations 13 adopted under this title may be stored in any reasonable manner, including 14 electronic data storage. The commissioner and officers and employees of the
01 department designated by the commissioner shall, upon request, prepare under the seal 02 of the department and deliver, unless otherwise prohibited by law, a certified copy of 03 any record of the department maintained under this title or regulations adopted under 04 this title, charging a fee for each certified copy. A certified copy of the record stored 05 under this section is admissible in an administrative [A] proceeding or in a court 06 in the same manner as the original document. 07 * Sec. 2. AS 28.05.141(b) is amended to read: 08 (b) A hearing ordered under (a) of this section must [SHALL] be held by 09 telephone unless the hearing officer finds that a telephonic hearing would 10 substantially prejudice the rights of the person involved in the hearing or that an 11 in-person hearing is necessary to decide the issues to be presented in the hearing. 12 An in-person hearing must be held at the office of the department nearest to the 13 residence of the person involved in [REQUESTING] the hearing unless the department 14 and the person agree that the hearing is to be held elsewhere. The department shall 15 grant a hearing delay if the person presents good cause for the delay. If a person fails 16 to attend or appear for the hearing at the time and place stated by the department and 17 if a hearing delay has not been granted, the person's failure to attend or appear is 18 considered a waiver of the hearing and the department may take appropriate action 19 with respect to the person. 20 * Sec. 3. AS 28.10.031(b) is amended to read: 21 (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by 22 the dealer a temporary permit to drive the vehicle. A permit is effective for a period 23 not to exceed 60 [30] days. The commissioner shall adopt regulations governing the 24 issuance of permits under this section. 25 * Sec. 4. AS 28.10.051(a) is amended to read: 26 (a) The department may suspend or revoke the registration of a vehicle, the 27 certificate of registration or registration plates for a vehicle, or a special permit when 28 (1) the department determines that the registration or certificate, plate, 29 or permit was fraudulently procured or erroneously issued; 30 (2) the department determines that a registered vehicle is mechanically 31 unsafe to be driven or moved on a highway, vehicular way or area, or other public
01 property in this state and the vehicle has been seized or impounded under 02 AS 28.05.091; 03 (3) a registered vehicle has been scrapped, dismantled, or destroyed 04 beyond repair; 05 (4) the department determines that a required fee or tax has not been 06 paid and the fee or tax is not paid upon reasonable notice and demand; 07 (5) a registration plate, permit, or certificate is knowingly displayed 08 upon a vehicle other than the vehicle for which issued; 09 (6) the department determines that the owner of a vehicle has 10 committed an offense under this chapter involving the registration or the certificate, 11 plate, or permit to be suspended or revoked; 12 (7) the vehicle has been reported to the department as stolen or 13 unlawfully converted; 14 (8) the department is otherwise required to do so under the laws of this 15 state; [OR] 16 (9) the department determines that the vehicle owner has violated the 17 requirements of AS 28.10.146 or 28.10.147; 18 (10) the department determines that a repair to a commercial 19 motor vehicle, ordered by the department under regulations adopted under 20 AS 28.05.011, was not completed after the owner or operator represented to the 21 department that the repair had been completed; or 22 (11) the owner or operator of a commercial motor vehicle has 23 placed a commercial motor vehicle back in service after it has been placed out of 24 service by the department without having it reinspected as required under 25 regulations adopted under AS 28.05.011. 26 * Sec. 5. AS 28.11 is amended by adding a new section to read: 27 Sec. 28.11.025. CLAIM OF OWNERSHIP BY PRIVATE PROPERTY 28 OWNER. (a) In addition to removal of an abandoned vehicle under AS 28.11.020, 29 a vehicle that is left standing or parked on private property without the consent of the 30 private property owner and for a period in excess of three years is presumed to be an 31 abandoned vehicle and title to the vehicle may be transferred to the private property
01 owner as provided under this section. A person who claims ownership of an 02 abandoned vehicle under this section shall provide notice of the claim to the vehicle 03 owner of record and to lienholders in the manner prescribed for giving notice by the 04 department under AS 28.05.121. The notice must state the location of the vehicle and 05 the period of abandonment. If the vehicle is not registered in this state or the name 06 and address of the registered or legal owner or lienholder cannot be ascertained, notice 07 shall be given by publication in the manner prescribed in the rules of the court for 08 service of process by publication. 09 (b) If an abandoned vehicle is not reclaimed within 30 days after notice is 10 given as required under (a) of this section, the title to the vehicle vests with the owner 11 of the private property on which the vehicle is located. Upon application, the 12 department shall issue a new certificate of title to a vehicle whose ownership is 13 transferred under this section. 14 * Sec. 6. AS 28.15.101(c) is amended to read: 15 (c) A driver's license may be renewed by mail if the licensee complies with 16 (a) of this section, except that a license may not be renewed by mail if 17 (1) [THE APPLICANT'S LICENSE, WITHIN THE PREVIOUS FIVE 18 YEARS, HAS BEEN REVOKED BY A COURT AFTER CONVICTION FOR AN 19 OFFENSE UNDER AS 28.15.181(a) OR ANOTHER LAW OR ORDINANCE WITH 20 SUBSTANTIALLY SIMILAR ELEMENTS; 21 (2) THE APPLICANT'S LICENSE, WITHIN THE PREVIOUS FIVE 22 YEARS, HAS BEEN SUSPENDED, REVOKED, OR DENIED BY THE 23 DEPARTMENT UNDER AS 28.15.165 OR 28.15.251; 24 (3) THE APPLICANT, WITHIN THE PREVIOUS FIVE YEARS, HAS 25 BEEN CONVICTED OF A MOVING TRAFFIC VIOLATION; 26 (4)] the most recent renewal of the applicant's license was by mail; or 27 (2) [(5)] the applicant is 69 years of age or older on the expiration date 28 of the driver's license being renewed. 29 * Sec. 7. AS 28.15.166(d) is amended to read: 30 (d) A person who has requested a hearing under this section and who fails to 31 attend or appear at the hearing, for reasons other than lack of actual notice of the
01 hearing or physical incapacity such as hospitalization or incarceration, waives the right 02 to a hearing. The determination of the department that is based upon the enforcement 03 officer's report becomes final. 04 * Sec. 8. AS 28.15.166(e) is amended to read: 05 (e) The [NOTWITHSTANDING AS 28.05.141(b), THE] hearing under this 06 section must [SHALL] be held by telephone unless the hearing officer finds that 07 a telephonic hearing would substantially prejudice the rights of the person 08 involved in the hearing or that an in-person hearing is necessary to decide the 09 issues to be presented in the hearing. An in-person hearing must be held at the 10 office of the department nearest to the residence of the person involved in 11 [REQUESTING] the hearing unless 12 [(1) A DISTRICT COURT JUDGE OR A MAGISTRATE HAS BEEN 13 DESIGNATED AS A HEARING OFFICER IN THE MATTER BY THE 14 COMMISSIONER; OR 15 (2)] the department and the person agree that the hearing is to be held 16 elsewhere. 17 * Sec. 9. AS 28.15.166(f) is amended to read: 18 (f) A review under this section shall be held before a hearing officer 19 designated by the commissioner. [UPON THE CONSENT OF THE 20 ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE 21 COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A 22 MAGISTRATE TO SERVE AS THE HEARING OFFICER.] The hearing officer has 23 [SHALL HAVE] authority to 24 (1) administer oaths and affirmations; 25 (2) examine witnesses and take testimony; 26 (3) receive relevant evidence; 27 (4) issue subpoenas, take depositions, or cause depositions or 28 interrogatories to be taken; 29 (5) regulate the course and conduct of the hearing; 30 (6) make a final ruling on the issue. 31 * Sec. 10. AS 28.17.041(b) is amended to read:
01 (b) Regulations adopted under this section must state the requirements for a 02 school license, including requirements concerning manner and form of application, 03 location, place of business, facilities, records, equipment, courses and standards of 04 instruction, instructors, previous records of the school and instructors, financial 05 statements, schedule of fees and charges, character and reputation of the operators and 06 instructors, vehicle equipment and condition, inspection during reasonable business 07 hours, insurance or bonds in the sum and with the provisions the commissioner 08 considers necessary, and other matters the commissioner may prescribe for the 09 protection of the public. Regulations regarding courses and standards of 10 instruction for 11 (1) noncommercial motor vehicles must be consistent with 12 standards adopted by the commissioner; and 13 (2) commercial motor vehicles must meet or exceed the model 14 curriculum for training tractor-trailer drivers adopted by the United States 15 Department of Transportation. 16 * Sec. 11. AS 28.17.061 is repealed and reenacted to read: 17 Sec. 28.17.061. CIVIL PENALTY. (a) If the department determines a person 18 has violated a provision of this chapter, or a regulation adopted under this chapter, the 19 department may impose a civil penalty not to exceed $5,000. In determining the 20 amount of a civil penalty imposed under this section, the department shall consider the 21 economic benefit resulting from the violation, the person's prior violations under this 22 section, and the seriousness of the violation. 23 (b) Before imposing a civil penalty under this section, the department shall 24 provide notice of the civil penalty and an opportunity to request an administrative 25 hearing. If a hearing is not requested within 30 days after notice of the civil penalty 26 is received, the right to a hearing is considered waived. If a hearing is requested, the 27 hearing shall be conducted as provided under AS 28.05.141. 28 (c) If a person fails to pay a civil penalty imposed under this section within 29 30 days after the civil penalty is imposed by the department, or if the civil penalty is 30 stayed pending an appeal, within 10 days after the court enters a final judgment in 31 favor of the department, the department shall notify the attorney general. The attorney
01 general may commence a civil action to recover the amount of the civil penalty. 02 * Sec. 12. AS 28.20.050(a) is amended to read: 03 (a) The provisions of this chapter requiring deposit of security and suspension 04 for failure to deposit security apply to the driver and owner of a vehicle subject to 05 registration under the laws of this state that is involved in any manner in an accident 06 in this state resulting in bodily injury to or death of a person or damage to the property 07 of any one person exceeding $1,500 [$500]. 08 * Sec. 13. AS 28.20.050(e) is amended to read: 09 (e) A peace officer investigating an accident that results in bodily injury to or 10 the death of a person or damage to the property of a person exceeding $1,500 [$500] 11 shall inform persons involved in the accident in writing of the requirements of this 12 chapter as they apply to suspension of an operator's license or driving privileges. 13 * Sec. 14. AS 28.20.100(c) is amended to read: 14 (c) If the department evaluates the injuries or damage to a minor in an amount 15 not more than $1,500 [$500], the department may accept, for the purposes of this 16 chapter only, evidence of a release from liability executed by a parent [NATURAL] 17 or legal guardian on behalf of the minor without court approval. 18 * Sec. 15. AS 28.20.230(a) is amended to read: 19 (a) The provisions of this chapter requiring the deposit of proof of financial 20 responsibility for the future apply to persons who are convicted of or forfeit bail for 21 certain offenses under motor vehicle laws or who, by ownership or operation of a 22 vehicle of a type subject to registration under AS 28.10, are involved in an accident 23 in this state that results in bodily injury to or death of a person or damage to the 24 property of any one person exceeding $1,500 [$500]. 25 * Sec. 16. AS 28.20.260(a) is amended to read: 26 (a) Upon receipt by the department of the report of an accident resulting in 27 bodily injury to or death of a person, or [PROPERTY] damage to the property of 28 any one person exceeding $1,500 [$500], the department shall suspend the license of 29 the driver of a motor vehicle involved in the accident unless the driver or owner 30 (1) has previously furnished or immediately furnishes security required 31 by this chapter, or is excepted from furnishing security under AS 28.20.060; [,] and
01 (2) maintains proof of financial responsibility for three years following 02 the accident. 03 * Sec. 17. AS 28.22.021 is amended to read: 04 Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE 05 LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have 06 motor vehicle liability insurance that complies with this chapter or a certificate of self- 07 insurance that complies with AS 28.20.400, shall show proof of this insurance when that 08 person is involved in an accident that results in bodily injury to or death of a person, or 09 damage to the property of a person exceeding $1,500 [$500]. 10 * Sec. 18. AS 28.22.041(h) is amended to read: 11 (h) Subsection (a) does not apply to a person who is required to provide proof 12 under AS 28.22.021 if the person 13 (1) is involved in an accident that results in property damage of less 14 than $1,500 [$1,000] and the damage occurs only to the property of the person 15 required to show proof of insurance; 16 (2) not later than 15 days after the accident, provides proof of motor 17 vehicle liability insurance that complies with this chapter or a certificate of self- 18 insurance that complies with AS 28.20.400 to the department; and 19 (3) establishes by a preponderance of the evidence that the failure to 20 have in effect motor vehicle liability insurance or to self-insure as required by this 21 chapter at the time of the accident was due to circumstances beyond the control of the 22 person. 23 * Sec. 19. AS 28.32.900(1) is amended to read: 24 (1) "commercial motor vehicle" means a motor vehicle or a 25 combination of a motor vehicle and one or more other vehicles 26 (A) used to transport passengers or property; 27 (B) used upon a highway or vehicular way [CONNECTED TO 28 (i) THE LAND-CONNECTED STATE HIGHWAY 29 SYSTEM; OR 30 (ii) A LAND HIGHWAY OR VEHICULAR WAY 31 WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER
01 THAN 499]; and 02 (C) which 03 (i) has a gross vehicle weight rating or gross 04 combination weight rating greater than 10,000 pounds; 05 (ii) is designed to transport more than 15 passengers, 06 including the driver; or 07 (iii) is used in the transportation of materials found by 08 the United States Secretary of Transportation to be hazardous for 09 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 10 Act); 11 (D) except that the following vehicles meeting the criteria in 12 (A) - (C) of this paragraph are not commercial vehicles: 13 (i) emergency or fire equipment that is necessary to the 14 preservation of life or property; 15 (ii) farm vehicles that are controlled and operated by a 16 farmer; used to transport agricultural products, farm machinery, or farm 17 supplies to or from that farmer's farm; not used in the operations of a 18 common or contract motor carrier; and used within 150 [300] miles of 19 the farmer's farm; 20 (iii) school buses; 21 (iv) vehicles owned and operated by the federal 22 government unless the vehicle is used to transport property of the 23 general public for compensation in competition with other persons who 24 own or operate a commercial motor vehicle subject to this chapter, and 25 except to the extent that regulation of vehicles operated by the federal 26 government is permitted by federal law; and 27 (v) vehicles used exclusively for purposes other than 28 commercial purposes; 29 * Sec. 20. AS 28.32.900(2) is amended to read: 30 (2) "commercial purposes" means activities for which a person receives 31 direct monetary compensation or activities for which a person receives no direct
01 monetary compensation but which are incidental to and done in furtherance of the 02 person's [PRIMARY] business; 03 * Sec. 21. AS 28.33.130(a) is amended to read: 04 (a) A person may not operate a commercial motor vehicle or be on-duty 05 (1) if, within the preceding four hours, the person 06 (A) consumed or was under the influence of 07 (i) an alcoholic beverage; 08 (ii) a controlled substance not prescribed by a physician; 09 or 10 (iii) a controlled substance prescribed by a physician that 11 might impair a person's ability to operate a commercial motor vehicle; 12 or 13 (B) had any measurable alcohol concentration within the blood 14 or breath or any detectable presence of alcohol; [OR] 15 (2) while in possession of an alcoholic beverage or a controlled 16 substance not prescribed by a physician unless 17 (A) the alcoholic beverage or controlled substance is manifested 18 and documented as part of an authorized shipment of cargo; or 19 (B) under AS 04, the alcoholic beverage may be legally served 20 to passengers being carried for hire; 21 (3) after being placed out of service for violation of a regulation 22 adopted under AS 28.05.011; or 23 (4) with an invalid operator's or commercial operator's license. 24 * Sec. 22. AS 28.33.140(a) is amended to read: 25 (a) In addition to the court action provided in AS 28.15.181, conviction of any 26 of the following offenses is grounds for immediate disqualification from driving a 27 commercial motor vehicle for the periods set out in this section: 28 (1) operating a commercial motor vehicle while intoxicated in violation 29 of AS 28.33.030; 30 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 31 (3) operating a motor vehicle while intoxicated [,] in violation of
01 AS 28.35.030; 02 (4) leaving the scene of an accident in violation of AS 28.35.060, or 03 failing to file, or providing false information in, an accident report in violation of 04 AS 28.35.110; 05 (5) a felony under state or federal law, which was facilitated because 06 the person used a commercial motor vehicle; [OR] 07 (6) a serious traffic violation; or 08 (7) driving after being placed out of service in violation of 09 regulations adopted under AS 28.05.011. 10 * Sec. 23. AS 28.33.140 is amended by adding a new subsection to read: 11 (j) A court convicting a person of an offense described in (a)(7) of this section 12 shall disqualify that person from driving a commercial motor vehicle for the following 13 periods: (1) if the person has not been previously convicted of violating an out-of- 14 service order, not less than 90 days; (2) if the person has been previously convicted once of 15 violating an out-of-service order, not less than one year; (3) if the person has been previously 16 convicted more than once of violating an out-of-service order, not less than three years. In 17 this subsection, "previously convicted" means having been convicted in this or another 18 jurisdiction of an offense described in (a)(7) of this section within 10 years preceding the date 19 of the present offense. 20 * Sec. 24. AS 28.33.190 is amended by adding a new paragraph to read: 21 (11) "out-of-service order" means an order issued under regulations 22 adopted under AS 28.05.011 that prohibits an owner or operator of a commercial 23 motor vehicle from operating a commercial motor vehicle. 24 * Sec. 25. AS 28.35.080(a) is amended to read: 25 (a) The driver of a vehicle involved in an accident resulting in bodily injury 26 to or death of a person or total property damage to an apparent extent of $1,500 [$500] 27 or more shall immediately by the quickest means of communication give notice of the 28 accident to the local police department if the accident occurs within a municipality, 29 otherwise to the Department of Public Safety. 30 * Sec. 26. AS 28.35.080(b) is amended to read: 31 (b) The driver of a vehicle involved in an accident resulting in bodily injury
01 to or death of a person or total property damage to an apparent extent of $1,500 [$500] 02 or more shall, within 10 days after the accident, forward a written report of the 03 accident to the Department of Public Safety and to the local police department if the 04 accident occurs within a municipality. A report is not required under this subsection 05 if the accident is investigated by a peace officer. 06 * Sec. 27. AS 28.40.100(a)(2) is amended to read: 07 (2) "commercial motor vehicle" means a motor vehicle or a 08 combination of a motor vehicle and one or more other vehicles 09 (A) used to transport passengers or property; 10 (B) used upon a land highway or vehicular way [CONNECTED 11 TO 12 (i) THE LAND CONNECTED STATE HIGHWAY 13 SYSTEM; OR 14 (ii) A LAND HIGHWAY OR VEHICULAR WAY 15 WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER 16 THAN 499]; and 17 (C) that 18 (i) has a gross vehicle weight rating or gross 19 combination weight rating greater than 26,000 pounds; 20 (ii) is designed to transport more than 15 passengers, 21 including the driver; or 22 (iii) is used in the transportation of materials found by 23 the United States Secretary of Transportation to be hazardous for 24 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 25 Act); 26 (D) except that the following vehicles meeting the criteria in 27 (A) - (C) of this paragraph are not commercial vehicles: 28 (i) emergency or fire equipment that is necessary to the 29 preservation of life or property; 30 (ii) farm vehicles that are controlled and operated by a 31 farmer; used to transport agricultural products, farm machinery, or farm
01 supplies to or from that farmer's farm; not used in the operations of a 02 common or contract motor carrier; and used within 150 miles of the 03 farmer's farm; and 04 (iii) recreational vehicles used exclusively for purposes 05 other than commercial purposes; 06 * Sec. 28. AS 28.40.100(a)(3) is amended to read: 07 (3) "commercial purposes" means activities for which a person receives 08 direct monetary compensation or activities for which a person receives no direct 09 monetary compensation but that are incidental to and done in furtherance of the 10 person's [PRIMARY] business; 11 * Sec. 29. AS 28.10.108(b) and 28.10.108(c) are repealed. 12 * Sec. 30. This Act takes effect July 1, 1996.