CSHB 83(TRA): "An Act relating to commercial vehicle inspections; and providing for an effective date."
00CS FOR HOUSE BILL NO. 83(TRA) 01 "An Act relating to commercial vehicle inspections; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.32.010 is amended to read: 05 Sec. 28.32.010. Commercial [MOTOR] vehicle safety inspections; citations. 06 (a) A commercial [MOTOR] vehicle may not be operated [AFTER JANUARY 1, 07 1986] without a certificate of inspection. An owner or operator of a commercial 08 [MOTOR] vehicle shall renew a certificate of inspection at least annually as required 09 by law. An owner or operator of a commercial vehicle shall provide proof of 10 annual inspection upon demand of a peace officer or employee of the department 11 authorized by the commissioner to enforce this section [SEMI-ANNUALLY AT AN 12 OFFICIAL INSPECTION STATION UNDER AS 28.32.030. THE OWNER MAY 13 RENEW A CERTIFICATE OF INSPECTION AT ANY TIME DURING THE 14 OFFICE HOURS OF THE INSPECTION STATION. AN OWNER OF A
01 COMMERCIAL MOTOR VEHICLE SHALL DISPLAY A CURRENT STICKER OF 02 INSPECTION VISIBLE FROM OUTSIDE THE VEHICLE IN A LOCATION 03 DETERMINED BY THE DIVISION]. 04 (b) A peace officer, or an employee of the department who is authorized by 05 the commissioner to enforce both hazardous materials and commercial vehicle safety 06 regulations, may issue a citation under AS 12.25.180 - 12.25.230 to a person who 07 violates a regulation adopted under AS 28.05.011(2). [AN EMPLOYEE OF THE 08 DEPARTMENT WHO IS AUTHORIZED BY THE COMMISSIONER TO ENFORCE 09 BOTH HAZARDOUS MATERIALS AND COMMERCIAL VEHICLE SAFETY 10 REGULATIONS MAY NOT TAKE A PERSON INTO CUSTODY UNDER 11 AS 12.25.180(b).] 12 * Sec. 2. AS 28.32.040 is repealed and reenacted to read: 13 Sec. 28.32.040. Commercial vehicle inspectors. A person may not conduct 14 commercial vehicle inspections unless qualified under law. 15 * Sec. 3. AS 28.32.050 is repealed and reenacted to read: 16 Sec. 28.32.050. Issuance of certificate of inspection. A person conducting 17 annual commercial vehicle inspections under AS 28.32.010 shall issue a certificate of 18 inspection to the owner or operator after determining the vehicle is in a safe and 19 mechanically sound condition as required by law. The owner or operator of a 20 commercial vehicle shall keep a record of the annual inspection of the vehicle. A 21 peace officer or employee of the department authorized by the commissioner to enforce 22 this chapter may audit the records of a person who performs safety inspections at any 23 time during regular business hours. 24 * Sec. 4. AS 28.32.080 is amended to read: 25 Sec. 28.32.080. Regulations. The commissioner of public safety shall adopt 26 procedural regulations appropriate to achieve compatibility with federal law [OTHER 27 WESTERN STATES] and procedural regulations necessary to implement this chapter. 28 * Sec. 5. AS 28.32.090 is amended to read: 29 Sec. 28.32.090. Criminal penalty. Except for a violation of AS 28.32.080 30 or a regulation adopted under AS 28.32.080, a [A] person who violates a provision 31 of this chapter is guilty of a class A [B] misdemeanor.
01 * Sec. 6. AS 28.32.900(1) is amended to read: 02 (1) "commercial [MOTOR] vehicle" means a [MOTOR] vehicle [OR 03 A COMBINATION OF A MOTOR VEHICLE AND ONE OR MORE OTHER 04 VEHICLES] 05 (A) used to transport passengers or property for commercial 06 purposes; 07 (B) used upon a highway or vehicular way; and 08 (C) which 09 (i) has a gross vehicle weight rating or gross 10 combination weight rating greater than 10,000 pounds; 11 (ii) is designed to transport more than 15 passengers, 12 including the driver; or 13 (iii) is used in the transportation of materials found by 14 the United States Secretary of Transportation to be hazardous for 15 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 16 Act); 17 (D) except that the following vehicles meeting the criteria in 18 (A) - (C) of this paragraph are not commercial vehicles: 19 (i) emergency or fire equipment that is necessary to the 20 preservation of life or property; 21 (ii) farm vehicles that are controlled and operated by a 22 farmer; used to transport agricultural products, farm machinery, or farm 23 supplies to or from that farmer's farm; not used in the operations of a 24 common or contract motor carrier; and used within 150 miles of the 25 farmer's farm; 26 (iii) school buses; 27 (iv) vehicles owned and operated by the federal 28 government unless the vehicle is used to transport property of the 29 general public for compensation in competition with other persons who 30 own or operate a commercial motor vehicle subject to this chapter [,] 31 and, except to the extent that regulation of vehicles operated by the
01 federal government, is permitted by federal law; and 02 (v) vehicles used exclusively for purposes other than 03 commercial purposes; 04 * Sec. 7. AS 28.32.030, 28.32.060, 28.32.070, and 28.32.900(3) are repealed. 05 * Sec. 8. This Act takes effect July 1, 1997.