CSHB 404(TRA): "An Act relating to the regulation of commercial vehicles; relating to the temporary registration of out-of-state commercial vehicles; relating to registration fees for commercial vehicles; and providing for an effective date."
00CS FOR HOUSE BILL NO. 404(TRA) 01 "An Act relating to the regulation of commercial vehicles; relating to the 02 temporary registration of out-of-state commercial vehicles; relating to registration 03 fees for commercial vehicles; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 19.10.300 is amended by adding a new subsection to read: 06 (g) When operating a commercial motor vehicle or motor vehicle for which 07 security is required under (a) of this section, a person shall carry proof of insurance 08 and, if involved in an accident with another person, shall display the proof of insurance 09 to the other person. In this subsection, "proof of insurance" means a 10 (1) certificate of self-insurance acceptable to the department; 11 (2) card issued by an insurer described in (b)(1) of this section that 12 indicates that insurance has been procured as required by this section, that contains a 13 local or toll-free telephone number for filing or receiving claim information, and that 14 indicates the name and address of the insurer; or
01 (3) copy of the surety bond described in (b)(2) of this section. 02 * Sec. 2. AS 19.10.310 is amended to read: 03 Sec. 19.10.310. Commercial motor vehicle safety inspections. A commercial 04 motor vehicle may not be operated [AFTER JANUARY 1, 1986] without a certificate 05 of inspection. An owner or operator of a commercial motor vehicle shall renew a 06 certificate of inspection at least annually. An owner or operator of a commercial 07 motor vehicle shall provide proof of annual inspection upon demand of a peace 08 officer or employee of the department authorized by the commissioner to enforce 09 this section [SEMI-ANNUALLY AT AN OFFICIAL INSPECTION STATION 10 UNDER AS 19.10.320. THE OWNER MAY RENEW A CERTIFICATE OF 11 INSPECTION AT ANY TIME DURING THE OFFICE HOURS OF THE 12 INSPECTION STATION. AN OWNER OF A COMMERCIAL MOTOR VEHICLE 13 SHALL DISPLAY A CURRENT STICKER OF INSPECTION VISIBLE FROM 14 OUTSIDE THE VEHICLE IN A LOCATION DETERMINED BY THE 15 DEPARTMENT]. 16 * Sec. 3. AS 19.10.340 is repealed and reenacted to read: 17 Sec. 19.10.340. Issuance of certificate of inspection. A person conducting 18 annual commercial motor vehicle inspections shall issue a certificate of inspection to 19 the owner or operator after determining that the motor vehicle is in a safe and 20 mechanically sound condition as required by law. The owner or operator of a 21 commercial motor vehicle shall keep a record of the annual inspection of the vehicle. 22 * Sec. 4. AS 19.10.370 is amended to read: 23 Sec. 19.10.370. Regulations. The commissioner shall adopt [PROCEDURAL] 24 regulations [APPROPRIATE TO ACHIEVE COMPATIBILITY WITH OTHER 25 WESTERN STATES AND PROCEDURAL REGULATIONS NECESSARY] to 26 implement AS 19.10.310 - 19.10.399. 27 * Sec. 5. AS 19.10 is amended by adding a new section to read: 28 Sec. 19.10.375. Impoundment. (a) If a peace officer or an employee of the 29 department authorized by the commissioner to issue citations finds a commercial motor 30 vehicle in operation without a current and valid certificate of inspection under this 31 chapter, the commercial motor vehicle may be impounded. The commercial motor
01 vehicle may not be released from impoundment until 02 (1) a current and valid certificate of inspection under this chapter has 03 been provided for the commercial motor vehicle; and 04 (2) any impoundment fees or charges have been paid. 05 (b) The department may adopt regulations to charge fees to recover costs of 06 implementation of this section, including costs of impoundment. 07 * Sec. 6. AS 19.10.399(1) is amended to read: 08 (1) "commercial motor vehicle" means a self-propelled or towed 09 [MOTOR] vehicle [OR A COMBINATION OF A MOTOR VEHICLE AND ONE OR 10 MORE OTHER VEHICLES] 11 (A) used to transport passengers or property for commercial 12 purposes ; 13 (B) used upon a highway or vehicular way; and 14 (C) that 15 (i) has a gross vehicle weight rating or gross 16 combination weight rating greater than 10,000 pounds; 17 (ii) is designed to transport more than 15 passengers, 18 including the driver; or 19 (iii) is used in the transportation of materials found by 20 the United States Secretary of Transportation to be hazardous for 21 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 22 Act); 23 (D) except that the following vehicles meeting the criteria in 24 (A) - (C) of this paragraph are not commercial motor vehicles: 25 (i) emergency or fire equipment that is necessary to the 26 preservation of life or property; 27 (ii) farm vehicles that are controlled and operated by a 28 farmer; used to transport agricultural products, farm machinery, or farm 29 supplies to or from that farmer's farm; not used in the operations of a 30 common or contract motor carrier; and used within 150 miles of the 31 farmer's farm;
01 (iii) school buses; 02 (iv) vehicles owned and operated by the federal 03 government unless the vehicle is used to transport property of the 04 general public for compensation in competition with other persons who 05 own or operate a commercial motor vehicle subject to AS 19.10.310 - 06 19.10.399, and except to the extent that regulation of vehicles operated 07 by the federal government is permitted by federal law; and 08 (v) vehicles used exclusively for purposes other than 09 commercial purposes; 10 * Sec. 7. AS 28.10.021(c) is amended to read: 11 (c) An employee of the department who processes an application for 12 registration or renewal of registration, other than an application received by mail or 13 an application for registration under AS 28.10.152 , shall ask the applicant orally 14 whether the applicant wishes to execute an anatomical gift or a living will. The 15 department shall make known to all applicants the procedure for executing a gift under 16 AS 13.50 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living 17 Wills and Do Not Resuscitate Orders) by displaying posters in the offices in which 18 applications are taken, by providing a brochure or other written information to each 19 person who applies in person or by mail, and, if requested, by providing oral advice. 20 * Sec. 8. AS 28.10.041(a) is amended to read: 21 (a) The department may refuse to register a vehicle if 22 (1) the application contains a false or fraudulent statement; 23 (2) the applicant fails to furnish information required by the 24 department; 25 (3) the applicant is not entitled to the issuance of a certificate of title 26 or registration under this chapter; 27 (4) the vehicle is determined to be mechanically unsafe to be driven or 28 moved on a highway, vehicular way or area, or other public property in the state; 29 (5) the department has reasonable grounds to believe that the vehicle 30 was stolen or fraudulently acquired or that the granting of registration would be a fraud 31 against the rightful owner or other person having a valid lien upon the vehicle;
01 (6) the registration of the vehicle has been suspended or revoked for 02 any reason under the laws of the state; 03 (7) the required fees or taxes have not been paid; 04 (8) the vehicle or applicant fails to comply with this chapter or 05 regulations implementing this section; 06 (9) the vehicle is without a certificate of inspection required under 07 AS 19.10.310; 08 (10) except for a vehicle to be registered under AS 28.10.152, the 09 vehicle is subject to a state-approved emission inspection program adopted under 10 AS 46.14.400 or 46.14.510, and the vehicle does not meet the standards of that 11 program, unless the vehicle uses a fuel source that does not primarily emit carbon 12 monoxide; 13 (11) the applicant fails to certify to the department the existence of a 14 motor vehicle liability policy that complies with AS 28.22.101 for the vehicle being 15 registered unless the owner of the vehicle qualifies as a self-insurer under 16 AS 28.20.400 or is exempted from obtaining liability insurance under AS 28.22.011. 17 * Sec. 9. AS 28.10.041(c) is amended to read: 18 (c) Except for a vehicle to be registered under AS 28.10.152, the [THE] 19 department shall refuse to register a vehicle subject to the federal heavy vehicle use 20 tax required by 26 U.S.C. 4481 (Internal Revenue Code of 1954) if the applicant fails 21 to furnish proof, in the form prescribed by the United States [U.S.] Secretary of the 22 Treasury, that the tax has been paid. 23 * Sec. 10. AS 28.10.108(a) is amended to read: 24 (a) Except for a vehicle registered under AS 28.10.152, a [A] vehicle 25 required to be registered under this chapter shall be registered under the procedures set 26 out in this section. 27 * Sec. 11. AS 28.10.121(a) is amended to read: 28 (a) A nonresident owner of a noncommercial vehicle registered outside the 29 state is exempt from the registration provisions of this chapter for 60 days after entry 30 into the state if the vehicle at all times when driven in this state is registered in and 31 has displayed upon it a currently valid registration plate issued for it by another
01 jurisdiction. However, if the person becomes gainfully employed in the state or takes 02 action that indicates an intention to acquire residence in the state, the person shall 03 comply with the licensing and registration provisions of this chapter within 10 days 04 of commencement of employment or of taking action that indicates the person's 05 intention to acquire residence. If the vehicle is a commercial vehicle, the vehicle must 06 be registered when its commercial use begins except as provided in AS 28.10.011 , 07 [AND] 28.10.131(c) , and 28.10.152 . 08 * Sec. 12. AS 28.10.131(a) is amended to read: 09 (a) Except for a vehicle to be registered under AS 28.10.152, if [IF] a 10 vehicle to be registered under this chapter is previously registered outside the state, the 11 jurisdiction of registry shall be stated in the application, and the owner shall surrender 12 to the department all evidence of out-of-state registration in the owner's possession or 13 control except as provided in this section [OR AS 28.10.141], and the department may 14 require verification of the vehicle identification number. 15 * Sec. 13. AS 28.10.131(c) is amended to read: 16 (c) Except as provided in AS 28.10.152, if [IF] the owner of a commercial 17 vehicle desires to maintain title in another jurisdiction, the department, when satisfied 18 that the applicant is temporarily operating in-state and is the lawfully registered owner 19 of the commercial vehicle, may register the commercial vehicle without issuing a title 20 and shall type or stamp on the face of the State of Alaska certificate of registration 21 "No Title Issued." 22 * Sec. 14. AS 28.10 is amended by adding a new section to read: 23 Sec. 28.10.152. Certificates of temporary registration for certain 24 commercial vehicles. (a) If a commercial vehicle registered outside the state enters 25 the state and is not to be registered under AS 28.10.121, 28.10.131, or another 26 provision of this chapter, it must be temporarily registered under the provisions of this 27 section. 28 (b) For a commercial vehicle to be registered under this section, the operator 29 of the vehicle must provide proof of valid registration of the vehicle in another 30 jurisdiction and any other documentation required by the department by regulation. 31 Upon receipt of the proof of registration, any other required documentation, and
01 payment of the applicable fee under (d) of this section, the department or the 02 department's designee may issue a certificate of temporary registration, valid for 30 03 days, for the commercial vehicle. The certificate of temporary registration must state 04 the date of issuance and the expiration date. 05 (c) A certificate of temporary registration under this section may be issued for 06 a commercial vehicle even if a certificate of temporary registration has previously been 07 issued for the vehicle and has expired. 08 (d) The fee for a certificate of temporary registration under this section is 09 (1) for a truck or a truck tractor, $350; 10 (2) for a commercial bus, $350; 11 (3) for all other commercial vehicles, including a trailer or a semi- 12 trailer, $10. 13 (e) Fees collected under this section may be appropriated by the legislature to 14 the Department of Transportation and Public Facilities for programs related to 15 commercial vehicles, including the administration and operation of weigh stations and 16 commercial vehicle safety programs. 17 * Sec. 15. AS 28.10.161(a) is amended to read: 18 (a) Except for a vehicle registered under AS 28.10.152, the [THE] 19 department, upon registering a vehicle, shall issue the owner one fully reflectorized 20 registration plate for a trailer or a motorcycle and two fully reflectorized registration 21 plates for every other vehicle. Except as specifically provided in AS 28.10.181, the 22 plate or plates must remain with the vehicle as long as the vehicle is subject to 23 registration under this chapter. 24 * Sec. 16. AS 28.10.201(a) is amended to read: 25 (a) Except as otherwise provided in (b) of this section or in AS 28.10.131 and 26 28.10.152 [28.10.141], every owner of a vehicle subject to registration in this state 27 shall apply for a certificate of title under this chapter. 28 * Sec. 17. AS 28.10.201(d) is amended to read: 29 (d) Except for vehicles registered under AS 28.10.131(b) or (c) or 28.10.152 30 [AND 28.10.141], the department may not register a vehicle unless the applicant for 31 registration at the same time applies for and obtains a certificate of title under this
01 chapter [,] or presents satisfactory evidence that a certificate of title was previously 02 issued to the applicant. The department may not accept the application for the original 03 certificate of registration or title to a vehicle unless the vehicle is in the state at the 04 time of application. However, the department may accept an application for 05 registration and certificate of title for a vehicle that is not in the state when the 06 application is made by a registered and bonded dealer or by a resident of the state 07 when the application is accompanied by a manufacturer's statement of origin [,] or , in 08 the case of a used vehicle, when the application is accompanied by a certificate of title 09 issued in another jurisdiction. 10 * Sec. 18. AS 28.10.421(c) is amended to read: 11 (c) The biennial registration fees under this subsection are imposed and are 12 based upon the actual unladen weight as established by the manufacturer's advertised 13 weight or upon the actual weight that [WHICH] the owner shall furnish, subject to the 14 approval of the commissioner or the commissioner's representative, for a vehicle, 15 including a motor vehicle pulling a trailer or semi-trailer, that is registered in the name 16 of a company or business [,] or is used or maintained for the transportation of 17 passengers for hire, excepting taxicabs and buses under (b) of this section, or for the 18 transportation of property for hire or for other commercial purposes, including a 19 [TRAILER, SEMI-TRAILER,] truck, wrecker, tow car, hearse, ambulance, and tractor, 20 as follows : 21 (1) up to and including 5,000 pounds . . . . . . . . . . . . . . $158 [$100]; 22 (2) more than 5,000 pounds to and including 23 12,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . $246 [$170]; 24 (3) more than 12,000 pounds to and including 25 18,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . $494 [$310]; 26 (4) more than 18,000 pounds . . . . . . . . . . . . . . . . . . $640 [$440]. 27 * Sec. 19. AS 28.10.421(h) is amended to read: 28 (h) The annual registration fees under this subsection for vehicles not 29 registered biennially under (c) of this section and used for commercial purposes are 30 imposed and are based upon the actual unladen weight as established by the 31 manufacturer's advertised weight or upon the actual weight that [WHICH] the owner
01 shall furnish, subject to the approval of the commissioner or the commissioner's 02 representative, as follows: 03 (1) up to and including 5,000 pounds . . . . . . . . . . . . . . $ 80 [$ 51]; 04 (2) more than 5,000 pounds to and including 05 12,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . $124 [$ 86]; 06 (3) more than 12,000 pounds to and including 07 18,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . $248 [$156]; 08 (4) more than 18,000 pounds . . . . . . . . . . . . . . . . . . $321 [$221]. 09 * Sec. 20. AS 28.10.421 is amended by adding a new subsection to read: 10 (i) A one-time registration fee of $10 is imposed upon initial registration for 11 a trailer or semi-trailer used for commercial purposes. 12 * Sec. 21. AS 45.75.131(a) is amended to read: 13 (a) A peace officer or an employee of the Department of Transportation and 14 Public Facilities who is authorized by the commissioner of transportation and public 15 facilities to enforce this chapter may issue a citation to a person who 16 (1) violates a weight, size, or load limitation adopted by the Department 17 of Transportation and Public Facilities under AS 19.10.060; 18 (2) violates the terms of an overweight or oversize vehicle permit 19 issued under AS 19.10.060(b); 20 (3) violates a regulation adopted under AS 19.10.060(b) or (c), 21 AS 28.05.011(a)(2) , or [UNDER AS 19.10.060(b) AND] AS 45.75.050(b)(5); or 22 (4) commits a violation identified under AS 45.75.380. 23 * Sec. 22. AS 45.75.380(a) is amended to read: 24 (a) A person commits a violation subject to the penalty specified in 25 AS 12.55.035(b)(5) if the person does one or more of the following acts: 26 (1) uses or has in possession for the purpose of using for a commercial 27 purpose specified in AS 45.75.080, sells, offers, or exposes for sale, or hire, or has in 28 possession for the purpose of selling or hiring, an incorrect weight or measure or a 29 device or instrument used to or calculated to falsify a weight or measure; 30 (2) uses or has in possession for current use, in buying or selling a 31 commodity or thing, or for hire or award, or in the computation of a basic charge or
01 payment for services rendered on the basis of weight or measurement, or in the 02 determination of weight or measurement when a charge is made for determination, a 03 weight or measure that has not been tested and sealed by the appropriate authority 04 within one year, unless 05 (A) the person gives written notice to the appropriate authority 06 to the effect that the weight or measure is available for examination, or is due 07 for reexamination, as the case may be; 08 (B) the person receives specific written permission to use the 09 weight or measure from the appropriate authority; or 10 (C) the weight or measure is exempt from sealing or annual 11 testing requirements by AS 45.75.080 or by a regulation adopted under 12 AS 45.75.050; 13 (3) disposes of a rejected or condemned weight or measure in a manner 14 contrary to law or regulation; 15 (4) removes from a weight or measure, contrary to law or regulation, 16 a tag, seal, or mark placed on it by the appropriate authority; 17 (5) sells or offers for sale less than the quantity the person represents 18 of a commodity, thing, or service; 19 (6) takes more than the quantity the person represents of a commodity, 20 thing, or service when, as buyer, the person furnished the weight or measure that the 21 seller used to determine the amount of the commodity, thing, or service; 22 (7) keeps for the purpose of sale, advertises, or offers for sale, or sells 23 a commodity, thing, or service in a condition or manner contrary to law or regulation; 24 (8) uses in retail trade, except in the preparation of packages put up in 25 advance of sale and of medical prescriptions, a weight or measure that is not so 26 positioned that a customer may accurately read, from a position that may reasonably 27 be assumed by a customer, its indications and observe the weighing or measuring 28 operation; 29 (9) hinders or obstructs the director, an inspector, a sealer, or a deputy 30 sealer in the performance of official duties under this chapter; 31 (10) violates a provision of an overweight or oversize vehicle permit
01 issued under AS 19.10.060(b); 02 (11) violates a weight, load, or size limitation established under 03 AS 19.10.060 or a regulation adopted under AS 19.05.020, AS 19.10.060 04 [AS 19.10.060(b)], or AS 45.75.050(b)(5); 05 (12) violates a provision of this chapter or a regulation adopted under 06 this chapter for which a specific penalty is not prescribed. 07 * Sec. 23. AS 19.10.320, 19.10.330, 19.10.350, 19.10.360; AS 28.10.011(9), and 28.10.141 08 are repealed. 09 * Sec. 24. TRANSITION: REGULATIONS. The Department of Administration and the 10 Department of Transportation and Public Facilities may proceed to adopt regulations necessary 11 to implement their respective provisions of this Act. The regulations take effect under 12 AS 44.62 (Administrative Procedure Act), but not before the effective date of secs. 1 - 23 of 13 this Act. 14 * Sec. 25. Section 24 of this Act takes effect immediately under AS 01.10.070(c). 15 * Sec. 26. Except as provided in sec. 25 of this Act, this Act takes effect July 1, 1998.