CSHB 83(STA) AM S: "An Act relating to regulation of commercial vehicles; and providing for an effective date."
00CS FOR HOUSE BILL NO. 83(STA) am S 01 "An Act relating to regulation of commercial vehicles; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 19.10.300, enacted by Executive Order 98, is amended by adding a new 05 subsection to read: 06 (g) A person operating a commercial motor vehicle shall carry proof of 07 insurance. If a person operating a commercial motor vehicle is involved in an accident 08 with another person, the person operating the commercial vehicle shall display the 09 proof of insurance required under this subsection to the other person. In this 10 subsection, "proof of insurance" means a certificate of self-insurance issued by the 11 department under AS 28.20.400, or a card issued by an insurer authorized to transact 12 insurance in this state that indicates that the person is insured as required by this 13 section, that contains local or toll free telephone numbers for filing or receiving claim 14 information, and that indicates the name and address of the insurer.
01 * Sec. 2. AS 19.10.310 is amended to read: 02 Sec. 19.10.310. Commercial motor vehicle safety inspections. A commercial 03 motor vehicle may not be operated [AFTER JANUARY 1, 1986] without a certificate 04 of inspection. An owner or operator of a commercial motor vehicle shall renew a 05 certificate of inspection at least annually as required by law. An owner or operator 06 of a commercial motor vehicle shall provide proof of annual inspection upon 07 demand of a peace officer or employee of the department authorized by the 08 commissioner to enforce this section [SEMI-ANNUALLY AT AN OFFICIAL 09 INSPECTION STATION UNDER AS 19.10.320. THE OWNER MAY RENEW A 10 CERTIFICATE OF INSPECTION AT ANY TIME DURING THE OFFICE HOURS 11 OF THE INSPECTION STATION. AN OWNER OF A COMMERCIAL MOTOR 12 VEHICLE SHALL DISPLAY A CURRENT STICKER OF INSPECTION VISIBLE 13 FROM OUTSIDE THE VEHICLE IN A LOCATION DETERMINED BY THE 14 DEPARTMENT]. 15 * Sec. 3. AS 19.10.340 is repealed and reenacted to read: 16 Sec. 19.10.340. Issuance of certificate of inspection. A person conducting 17 annual commercial motor vehicle inspections under AS 19.10.310 shall issue a 18 certificate of inspection to the owner or operator after determining the motor vehicle 19 is in a safe and mechanically sound condition as required by law. The owner or 20 operator of a commercial motor vehicle shall keep a record of the annual inspection 21 of the vehicle. A peace officer or employee of the department authorized by the 22 commissioner to enforce AS 19.10.310 - 19.10.399 may audit the records of a person 23 who performs safety inspections at any time during regular business hours. 24 * Sec. 4. AS 19.10 is amended by adding a new section to read: 25 Sec. 19.10.365. Adoption of federal inspection, repair, and maintenance 26 requirements. A person operating a commercial motor vehicle in this state shall 27 comply with the provisions of 49 C.F.R. 396, as those provisions existed on 28 October 31, 1996, regulating the inspection, repair, and maintenance of commercial 29 motor vehicles. For purposes of this section, the term "interstate" as used in 49 C.F.R. 30 396, includes intrastate operation of a commercial motor vehicle. 31 * Sec. 5. AS 19.10.380 is amended to read:
01 Sec. 19.10.380. Civil [CRIMINAL] penalty. Notwithstanding AS 19.45.002 02 and except as provided in (b) of this section, a [A] person who violates a provision 03 of AS 19.10.310 - 19.10.399 is subject to a civil penalty of up to $20,000 [GUILTY 04 OF A CLASS B MISDEMEANOR]. 05 * Sec. 6. AS 19.10.380 is amended by adding a new subsection to read: 06 (b) A person who violates AS 19.10.365 is subject to a civil penalty of up to 07 $500. 08 * Sec. 7. AS 19.10 is amended by adding a new section to read: 09 Sec. 19.10.395. Affirmative defense to prosecution. In a prosecution for a 10 violation of a provision of AS 19.10.310 - 19.10.399, it is an affirmative defense that 11 the act or omission is not a violation under federal law. 12 * Sec. 8. AS 19.10.399(1) is amended to read: 13 Sec. 19.10.399. Definitions. In AS 19.10.300 - 19.10.399, 14 (1) "commercial motor vehicle" means a self-propelled or towed 15 [MOTOR] vehicle [OR A COMBINATION OF A MOTOR VEHICLE AND ONE OR 16 MORE OTHER VEHICLES] 17 (A) used to transport passengers or property for commercial 18 purposes; 19 (B) used upon a highway or vehicular way; and 20 (C) that 21 (i) has a gross vehicle weight rating or gross 22 combination weight rating greater than 10,000 pounds; 23 (ii) is designed to transport more than 15 passengers, 24 including the driver; or 25 (iii) is used in the transportation of materials found by 26 the United States Secretary of Transportation to be hazardous for 27 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 28 Act); 29 (D) except that the following vehicles meeting the criteria in 30 (A) - (C) of this paragraph are not commercial vehicles: 31 (i) emergency or fire equipment that is necessary to the
01 preservation of life or property; 02 (ii) farm vehicles that are controlled and operated by a 03 farmer; used to transport agricultural products, farm machinery, or farm 04 supplies to or from that farmer's farm; not used in the operations of a 05 common or contract motor carrier; and used within 150 miles of the 06 farmer's farm; 07 (iii) school buses; 08 (iv) vehicles owned and operated by the federal 09 government unless the vehicle is used to transport property of the 10 general public for compensation in competition with other persons who 11 own or operate a commercial motor vehicle subject to AS 19.10.310 - 12 19.10.399, and, except to the extent that regulation of vehicles operated 13 by the federal government, is permitted by federal law; and 14 (v) vehicles used exclusively for purposes other than 15 commercial purposes; 16 * Sec. 9. AS 19.10.060(c), 19.10.320, 19.10.330, 19.10.350, 19.10.360, and 19.10.370 are 17 repealed. 18 * Sec. 10. This Act takes effect July 1, 1997.