CSSB 1010(L&C): "An Act relating to motor vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned motor vehicles; relating to suspension or revocation of a motor vehicle registration or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; 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; amending the definition of `commercial motor vehicle'; relating to prohibited operation of a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date."
00CS FOR SENATE BILL NO. 1010(L&C) 01 "An Act relating to motor vehicle records and hearings of the Department of 02 Public Safety; increasing the period under which a person may drive a motor 03 vehicle under a temporary permit; relating to ownership of certain abandoned 04 motor vehicles; relating to suspension or revocation of a motor vehicle 05 registration or special permit; relating to renewal of a driver's license by mail; 06 relating to procedures applicable to administrative revocation of a driver's 07 license; relating to commercial driver training schools; increasing the property 08 damage amounts for proof of financial responsibility and proof of motor vehicle 09 eligibility in order to lawfully operate a motor vehicle in the state; amending 10 the definition of `commercial motor vehicle'; relating to prohibited operation of 11 a commercial motor vehicle and to disqualification from driving a commercial 12 motor vehicle; relating to certain notifications in accidents involving property 13 damage; relating to motor vehicle registration procedures; and providing for an 14 effective date."
01 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 02 * Section 1. AS 28.05.061(c) is amended to read: 03 (c) Records maintained by the department under this title or regulations 04 adopted under this title may be stored in any reasonable manner, including 05 electronic data storage. The commissioner and officers and employees of the 06 department designated by the commissioner shall, upon request, prepare under the seal 07 of the department and deliver, unless otherwise prohibited by law, a certified copy of 08 any record of the department maintained under this title or regulations adopted under 09 this title, charging a fee for each certified copy. A certified copy of the record stored 10 under this section is admissible in an administrative [A] proceeding or in a court 11 in the same manner as the original document. 12 * Sec. 2. AS 28.05.141(b) is amended to read: 13 (b) A hearing ordered under (a) of this section must [SHALL] be held by 14 telephone unless the hearing officer finds that a telephonic hearing would 15 substantially prejudice the rights of the person involved in the hearing or that an 16 in-person hearing is necessary to decide the issues to be presented in the hearing. 17 An in-person hearing must be held at the office of the department nearest to the 18 residence of the person involved in [REQUESTING] the hearing unless the department 19 and the person agree that the hearing is to be held elsewhere. The department shall 20 grant a hearing delay if the person presents good cause for the delay. If a person fails 21 to attend or appear for the hearing at the time and place stated by the department and 22 if a hearing delay has not been granted, the person's failure to attend or appear is 23 considered a waiver of the hearing and the department may take appropriate action 24 with respect to the person. 25 * Sec. 3. AS 28.10.031(b) is amended to read: 26 (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by 27 the dealer a temporary permit to drive the vehicle. A permit is effective for a period 28 not to exceed 60 [30] days. The commissioner shall adopt regulations governing the 29 issuance of permits under this section. 30 * Sec. 4. AS 28.10.051(a) is amended to read: 31 (a) The department may suspend or revoke the registration of a vehicle, the
01 certificate of registration or registration plates for a vehicle, or a special permit when 02 (1) the department determines that the registration or certificate, plate, 03 or permit was fraudulently procured or erroneously issued; 04 (2) the department determines that a registered vehicle is mechanically 05 unsafe to be driven or moved on a highway, vehicular way or area, or other public 06 property in this state and the vehicle has been seized or impounded under 07 AS 28.05.091; 08 (3) a registered vehicle has been scrapped, dismantled, or destroyed 09 beyond repair; 10 (4) the department determines that a required fee or tax has not been 11 paid and the fee or tax is not paid upon reasonable notice and demand; 12 (5) a registration plate, permit, or certificate is knowingly displayed 13 upon a vehicle other than the vehicle for which issued; 14 (6) the department determines that the owner of a vehicle has 15 committed an offense under this chapter involving the registration or the certificate, 16 plate, or permit to be suspended or revoked; 17 (7) the vehicle has been reported to the department as stolen or 18 unlawfully converted; 19 (8) the department is otherwise required to do so under the laws of this 20 state; [OR] 21 (9) the department determines that the vehicle owner has violated the 22 requirements of AS 28.10.146 or 28.10.147; 23 (10) the department determines that a repair to a commercial 24 motor vehicle, ordered by the department under regulations adopted under 25 AS 28.05.011, was not completed after the owner or operator represented to the 26 department that the repair had been completed; or 27 (11) the owner or operator of a commercial motor vehicle has 28 placed a commercial motor vehicle back in service after it has been placed out of 29 service by the department without having it reinspected as required under 30 regulations adopted under AS 28.05.011. 31 * Sec. 5. AS 28.11 is amended by adding a new section to read:
01 Sec. 28.11.025. CLAIM OF OWNERSHIP BY PRIVATE PROPERTY 02 OWNER. (a) In addition to removal of an abandoned vehicle under AS 28.11.020, 03 a vehicle that is left standing or parked on private property without the consent of the 04 private property owner and for a period of six months is presumed to be an abandoned 05 vehicle and title to the vehicle may be transferred to the private property owner as 06 provided under this section. A person who claims ownership of an abandoned vehicle 07 under this section shall provide notice of the claim to the vehicle owner of record and 08 to lienholders in the manner prescribed for giving notice by the department under 09 AS 28.05.121. The notice must state the location of the vehicle and the period of 10 abandonment. If the vehicle is not registered in this state or the name and address of 11 the registered or legal owner or lienholder cannot be ascertained, notice shall be given 12 by publication in the manner prescribed in the rules of the court for service of process 13 by publication. 14 (b) If an abandoned vehicle is not reclaimed within 30 days after notice is 15 given as required under (a) of this section, the title to the vehicle vests with the owner 16 of the private property on which the vehicle is located. Upon application, the 17 department shall issue a new certificate of title to a vehicle whose ownership is 18 transferred under this section. 19 * Sec. 6. AS 28.15.101(c) is amended to read: 20 (c) A driver's license may be renewed by mail if the licensee complies with 21 (a) of this section, except that a license may not be renewed by mail if 22 (1) [THE APPLICANT'S LICENSE, WITHIN THE PREVIOUS FIVE 23 YEARS, HAS BEEN REVOKED BY A COURT AFTER CONVICTION FOR AN 24 OFFENSE UNDER AS 28.15.181(a) OR ANOTHER LAW OR ORDINANCE WITH 25 SUBSTANTIALLY SIMILAR ELEMENTS; 26 (2) THE APPLICANT'S LICENSE, WITHIN THE PREVIOUS FIVE 27 YEARS, HAS BEEN SUSPENDED, REVOKED, OR DENIED BY THE 28 DEPARTMENT UNDER AS 28.15.165 OR 28.15.251; 29 (3) THE APPLICANT, WITHIN THE PREVIOUS FIVE YEARS, HAS 30 BEEN CONVICTED OF A MOVING TRAFFIC VIOLATION; 31 (4)] the most recent renewal of the applicant's license was by mail; or
01 (2) [(5)] the applicant is 69 years of age or older on the expiration date 02 of the driver's license being renewed. 03 * Sec. 7. AS 28.15.166(d) is amended to read: 04 (d) A person who has requested a hearing under this section and who fails to 05 attend or appear at the hearing, for reasons other than lack of actual notice of the 06 hearing or physical incapacity such as hospitalization or incarceration, waives the right 07 to a hearing. The determination of the department that is based upon the enforcement 08 officer's report becomes final. 09 * Sec. 8. AS 28.15.166(e) is amended to read: 10 (e) The [NOTWITHSTANDING AS 28.05.141(b), THE] hearing under this 11 section must [SHALL] be held by telephone unless the hearing officer finds that 12 a telephonic hearing would substantially prejudice the rights of the person 13 involved in the hearing or that an in-person hearing is necessary to decide the 14 issues to be presented in the hearing. An in-person hearing must be held at the 15 office of the department nearest to the residence of the person involved in 16 [REQUESTING] the hearing unless 17 [(1) A DISTRICT COURT JUDGE OR A MAGISTRATE HAS BEEN 18 DESIGNATED AS A HEARING OFFICER IN THE MATTER BY THE 19 COMMISSIONER; OR 20 (2)] the department and the person agree that the hearing is to be held 21 elsewhere. 22 * Sec. 9. AS 28.15.166(f) is amended to read: 23 (f) A review under this section shall be held before a hearing officer 24 designated by the commissioner. [UPON THE CONSENT OF THE 25 ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE 26 COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A 27 MAGISTRATE TO SERVE AS THE HEARING OFFICER.] The hearing officer has 28 [SHALL HAVE] authority to 29 (1) administer oaths and affirmations; 30 (2) examine witnesses and take testimony; 31 (3) receive relevant evidence;
01 (4) issue subpoenas, take depositions, or cause depositions or 02 interrogatories to be taken; 03 (5) regulate the course and conduct of the hearing; 04 (6) make a final ruling on the issue. 05 * Sec. 10. AS 28.17.041(b) is amended to read: 06 (b) Regulations adopted under this section must state the requirements for a 07 school license, including requirements concerning manner and form of application, 08 location, place of business, facilities, records, equipment, courses and standards of 09 instruction, instructors, previous records of the school and instructors, financial 10 statements, schedule of fees and charges, character and reputation of the operators and 11 instructors, vehicle equipment and condition, inspection during reasonable business 12 hours, insurance or bonds in the sum and with the provisions the commissioner 13 considers necessary, and other matters the commissioner may prescribe for the 14 protection of the public. Regulations regarding courses and standards of 15 instruction for 16 (1) noncommercial motor vehicles must be consistent with 17 standards adopted by the commissioner; and 18 (2) commercial motor vehicles must meet or exceed the model 19 curriculum for training tractor-trailer drivers adopted by the United States 20 Department of Transportation. 21 * Sec. 11. AS 28.17.061 is repealed and reenacted to read: 22 Sec. 28.17.061. CIVIL PENALTY. (a) If the department determines a person 23 has violated a provision of this chapter, or a regulation adopted under this chapter, the 24 department may impose a civil penalty not to exceed $5,000. In determining the 25 amount of a civil penalty imposed under this section, the department shall consider the 26 economic benefit resulting from the violation, the person's prior violations under this 27 section, and the seriousness of the violation. 28 (b) Before imposing a civil penalty under this section, the department shall 29 provide notice of the civil penalty and an opportunity to request an administrative 30 hearing. If a hearing is not requested within 30 days after notice of the civil penalty 31 is received, the right to a hearing is considered waived. If a hearing is requested, the
01 hearing shall be conducted as provided under AS 28.05.141. 02 (c) If a person fails to pay a civil penalty imposed under this section within 03 30 days after the civil penalty is imposed by the department, or if the civil penalty is 04 stayed pending an appeal, within 10 days after the court enters a final judgment in 05 favor of the department, the department shall notify the attorney general. The attorney 06 general may commence a civil action to recover the amount of the civil penalty. 07 * Sec. 12. AS 28.20.050(a) is amended to read: 08 (a) The provisions of this chapter requiring deposit of security and suspension 09 for failure to deposit security apply to the driver and owner of a vehicle subject to 10 registration under the laws of this state that is involved in any manner in an accident 11 in this state resulting in bodily injury to or death of a person or damage to the property 12 of any one person exceeding $501 [$500]. 13 * Sec. 13. AS 28.20.050(e) is amended to read: 14 (e) A peace officer investigating an accident that results in bodily injury to or 15 the death of a person or damage to the property of a person exceeding $501 [$500] 16 shall inform persons involved in the accident in writing of the requirements of this 17 chapter as they apply to suspension of an operator's license or driving privileges. 18 * Sec. 14. AS 28.20.100(c) is amended to read: 19 (c) If the department evaluates the injuries or damage to a minor in an amount 20 not more than $501 [$500], the department may accept, for the purposes of this chapter 21 only, evidence of a release from liability executed by a parent [NATURAL] or legal 22 guardian on behalf of the minor without court approval. 23 * Sec. 15. AS 28.20.230(a) is amended to read: 24 (a) The provisions of this chapter requiring the deposit of proof of financial 25 responsibility for the future apply to persons who are convicted of or forfeit bail for 26 certain offenses under motor vehicle laws or who, by ownership or operation of a 27 vehicle of a type subject to registration under AS 28.10, are involved in an accident 28 in this state that results in bodily injury to or death of a person or damage to the 29 property of any one person exceeding $501 [$500]. 30 * Sec. 16. AS 28.20.260(a) is amended to read: 31 (a) Upon receipt by the department of the report of an accident resulting in
01 bodily injury to or death of a person, or [PROPERTY] damage to the property of 02 any one person exceeding $501 [$500], the department shall suspend the license of the 03 driver of a motor vehicle involved in the accident unless the driver or owner 04 (1) has previously furnished or immediately furnishes security required 05 by this chapter, or is excepted from furnishing security under AS 28.20.060; [,] and 06 (2) maintains proof of financial responsibility for three years following 07 the accident. 08 * Sec. 17. AS 28.22.021 is amended to read: 09 Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE 10 LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have 11 motor vehicle liability insurance that complies with this chapter or a certificate of self- 12 insurance that complies with AS 28.20.400, shall show proof of this insurance when that 13 person is involved in an accident that results in bodily injury to or death of a person, or 14 damage to the property of a person exceeding $501 [$500]. 15 * Sec. 18. AS 28.22.041(h) is amended to read: 16 (h) Subsection (a) does not apply to a person who is required to provide proof 17 under AS 28.22.021 if the person 18 (1) is involved in an accident that results in property damage of less 19 than $2,000 [$1,000] and the damage occurs only to the property of the person 20 required to show proof of insurance; 21 (2) not later than 15 days after the accident, provides proof of motor 22 vehicle liability insurance that complies with this chapter or a certificate of self- 23 insurance that complies with AS 28.20.400 to the department; and 24 (3) establishes by a preponderance of the evidence that the failure to 25 have in effect motor vehicle liability insurance or to self-insure as required by this 26 chapter at the time of the accident was due to circumstances beyond the control of the 27 person. 28 * Sec. 19. AS 28.32.900(1) is amended to read: 29 (1) "commercial motor vehicle" means a motor vehicle or a 30 combination of a motor vehicle and one or more other vehicles 31 (A) used to transport passengers or property;
01 (B) used upon a highway or vehicular way [CONNECTED TO 02 (i) THE LAND-CONNECTED STATE HIGHWAY 03 SYSTEM; OR 04 (ii) A LAND HIGHWAY OR VEHICULAR WAY 05 WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER 06 THAN 499]; and 07 (C) which 08 (i) has a gross vehicle weight rating or gross 09 combination weight rating greater than 10,000 pounds; 10 (ii) is designed to transport more than 15 passengers, 11 including the driver; or 12 (iii) is used in the transportation of materials found by 13 the United States Secretary of Transportation to be hazardous for 14 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 15 Act); 16 (D) except that the following vehicles meeting the criteria in 17 (A) - (C) of this paragraph are not commercial vehicles: 18 (i) emergency or fire equipment that is necessary to the 19 preservation of life or property; 20 (ii) farm vehicles that are controlled and operated by a 21 farmer; used to transport agricultural products, farm machinery, or farm 22 supplies to or from that farmer's farm; not used in the operations of a 23 common or contract motor carrier; and used within 150 [300] miles of 24 the farmer's farm; 25 (iii) school buses; 26 (iv) vehicles owned and operated by the federal 27 government unless the vehicle is used to transport property of the 28 general public for compensation in competition with other persons who 29 own or operate a commercial motor vehicle subject to this chapter, and 30 except to the extent that regulation of vehicles operated by the federal 31 government is permitted by federal law; and
01 (v) vehicles used exclusively for purposes other than 02 commercial purposes; 03 * Sec. 20. AS 28.32.900(2) is amended to read: 04 (2) "commercial purposes" means activities for which a person receives 05 direct monetary compensation or activities for which a person receives no direct 06 monetary compensation but which are incidental to and done in furtherance of the 07 person's [PRIMARY] business; 08 * Sec. 21. AS 28.33.130(a) is amended to read: 09 (a) A person may not operate a commercial motor vehicle or be on-duty 10 (1) if, within the preceding four hours, the person 11 (A) consumed or was under the influence of 12 (i) an alcoholic beverage; 13 (ii) a controlled substance not prescribed by a physician; 14 or 15 (iii) a controlled substance prescribed by a physician that 16 might impair a person's ability to operate a commercial motor vehicle; 17 or 18 (B) had any measurable alcohol concentration within the blood 19 or breath or any detectable presence of alcohol; [OR] 20 (2) while in possession of an alcoholic beverage or a controlled 21 substance not prescribed by a physician unless 22 (A) the alcoholic beverage or controlled substance is manifested 23 and documented as part of an authorized shipment of cargo; or 24 (B) under AS 04, the alcoholic beverage may be legally served 25 to passengers being carried for hire; 26 (3) after being placed out of service for violation of a regulation 27 adopted under AS 28.05.011; or 28 (4) with an invalid operator's or commercial operator's license. 29 * Sec. 22. AS 28.33.140(a) is amended to read: 30 (a) In addition to the court action provided in AS 28.15.181, conviction of any 31 of the following offenses is grounds for immediate disqualification from driving a
01 commercial motor vehicle for the periods set out in this section: 02 (1) operating a commercial motor vehicle while intoxicated in violation 03 of AS 28.33.030; 04 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 05 (3) operating a motor vehicle while intoxicated [,] in violation of 06 AS 28.35.030; 07 (4) leaving the scene of an accident in violation of AS 28.35.060, or 08 failing to file, or providing false information in, an accident report in violation of 09 AS 28.35.110; 10 (5) a felony under state or federal law, which was facilitated because 11 the person used a commercial motor vehicle; [OR] 12 (6) a serious traffic violation; or 13 (7) driving after being placed out of service in violation of 14 regulations adopted under AS 28.05.011. 15 * Sec. 23. AS 28.33.140 is amended by adding a new subsection to read: 16 (j) A court convicting a person of an offense described in (a)(7) of this section 17 shall disqualify that person from driving a commercial motor vehicle for the following 18 periods: (1) if the person has not been previously convicted of violating an out-of- 19 service order, not less than 90 days; (2) if the person has been previously convicted once of 20 violating an out-of-service order, not less than one year; (3) if the person has been previously 21 convicted more than once of violating an out-of-service order, not less than three years. In 22 this subsection, "previously convicted" means having been convicted in this or another 23 jurisdiction of an offense described in (a)(7) of this section within 10 years preceding the date 24 of the present offense. 25 * Sec. 24. AS 28.33.190 is amended by adding a new paragraph to read: 26 (11) "out-of-service order" means an order issued under regulations 27 adopted under AS 28.05.011 that prohibits an owner or operator of a commercial 28 motor vehicle from operating a commercial motor vehicle. 29 * Sec. 25. AS 28.35.080(a) is amended to read: 30 (a) The driver of a vehicle involved in an accident resulting in bodily injury 31 to or death of a person or total property damage to an apparent extent of $2,000 [$500]
01 or more shall immediately by the quickest means of communication give notice of the 02 accident to the local police department if the accident occurs within a municipality, 03 otherwise to the Department of Public Safety. 04 * Sec. 26. AS 28.35.080(b) is amended to read: 05 (b) The driver of a vehicle involved in an accident resulting in bodily injury 06 to or death of a person or total property damage to an apparent extent of $2,000 [$500] 07 or more shall, within 10 days after the accident, forward a written report of the 08 accident to the Department of Public Safety and to the local police department if the 09 accident occurs within a municipality. A report is not required under this subsection 10 if the accident is investigated by a peace officer. 11 * Sec. 27. AS 28.40.100(a)(2) is amended to read: 12 (2) "commercial motor vehicle" means a motor vehicle or a 13 combination of a motor vehicle and one or more other vehicles 14 (A) used to transport passengers or property; 15 (B) used upon a land highway or vehicular way [CONNECTED 16 TO 17 (i) THE LAND CONNECTED STATE HIGHWAY 18 SYSTEM; OR 19 (ii) A LAND HIGHWAY OR VEHICULAR WAY 20 WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER 21 THAN 499]; and 22 (C) that 23 (i) has a gross vehicle weight rating or gross 24 combination weight rating greater than 26,000 pounds; 25 (ii) is designed to transport more than 15 passengers, 26 including the driver; or 27 (iii) is used in the transportation of materials found by 28 the United States Secretary of Transportation to be hazardous for 29 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 30 Act); 31 (D) except that the following vehicles meeting the criteria in
01 (A) - (C) of this paragraph are not commercial vehicles: 02 (i) emergency or fire equipment that is necessary to the 03 preservation of life or property; 04 (ii) farm vehicles that are controlled and operated by a 05 farmer; used to transport agricultural products, farm machinery, or farm 06 supplies to or from that farmer's farm; not used in the operations of a 07 common or contract motor carrier; and used within 150 miles of the 08 farmer's farm; and 09 (iii) recreational vehicles used exclusively for purposes 10 other than commercial purposes; 11 * Sec. 28. AS 28.40.100(a)(3) is amended to read: 12 (3) "commercial purposes" means activities for which a person receives 13 direct monetary compensation or activities for which a person receives no direct 14 monetary compensation but that are incidental to and done in furtherance of the 15 person's [PRIMARY] business; 16 * Sec. 29. AS 28.10.108(b) and 28.10.108(c) are repealed. 17 * Sec. 30. This Act takes effect July 1, 1996.