SB 280: "An Act relating to the regulation of commercial vehicles; the temporary registration of out-of-state commercial vehicles; and providing for an effective date."

00SENATE BILL NO. 280 01 "An Act relating to the regulation of commercial vehicles; the temporary 02 registration of out-of-state commercial vehicles; and providing for an effective 03 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 issued by 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, contains a local 13 or toll-free telephone number for filing or receiving claim information, and indicates 14 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 AS 19.10.340 is repealed and reenacted to read: 17  Sec. 19.10.340.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 under AS 19.10.310 shall issue a 19 certificate of inspection to the owner or operator after determining that the motor 20 vehicle is in a safe and mechanically sound condition as required by law. The owner 21 or operator of a commercial motor vehicle shall keep a record of the annual inspection 22 of the vehicle. 23 * Sec. 4. AS 19.10.370 is amended to read: 24  Sec. 19.10.370. Regulations. The commissioner shall adopt [PROCEDURAL] 25 regulations [APPROPRIATE TO ACHIEVE COMPATIBILITY WITH OTHER 26 WESTERN STATES AND PROCEDURAL REGULATIONS NECESSARY] to 27 implement AS 19.10.310 - 19.10.399. 28 * Sec. 5. AS 19.10 is amended by adding a new section to read: 29  Sec. 19.10.375. Impoundment. (a) If a peace officer, or an employee of the 30 Department of Transportation and Public Facilities authorized by the commissioner to 31 issue citations, finds a commercial motor vehicle in operation without a current and

01 valid certificate of inspection under this chapter, the commercial motor vehicle may 02 be impounded. The commercial motor vehicle may not be released from impoundment 03 until 04  (1) a current and valid certificate of inspection under this chapter has 05 been provided for the commercial motor vehicle; and 06  (2) any impoundment fees or charges have been paid. 07  (b) The department may adopt regulations to charge fees to recover costs of 08 implementation of this section, including any cost of impoundment. 09 * Sec. 6. AS 19.10.399(1) is amended to read: 10  (1) "commercial motor vehicle" means a self-propelled or towed 11 [MOTOR] vehicle [OR A COMBINATION OF A MOTOR VEHICLE AND ONE OR 12 MORE OTHER VEHICLES] 13  (A) used to transport passengers or property for commercial 14 purposes ; 15  (B) used upon a highway or vehicular way; and 16  (C) that 17  (i) has a gross vehicle weight rating or gross 18 combination weight rating greater than 10,000 pounds; 19  (ii) is designed to transport more than 15 passengers, 20 including the driver; or 21  (iii) is used in the transportation of materials found by 22 the United States Secretary of Transportation to be hazardous for 23 purposes of 49 U.S.C. 1801 - 1813 (Hazardous Materials Transportation 24 Act); 25  (D) except that the following vehicles meeting the criteria in 26 (A) - (C) of this paragraph are not commercial vehicles: 27  (i) emergency or fire equipment that is necessary to the 28 preservation of life or property; 29  (ii) farm vehicles that are controlled and operated by a 30 farmer; used to transport agricultural products, farm machinery, or farm 31 supplies to or from that farmer's farm; not used in the operations of a

01 common or contract motor carrier; and used within 150 miles of the 02 farmer's farm; 03  (iii) school buses; 04  (iv) vehicles owned and operated by the federal 05 government unless the vehicle is used to transport property of the 06 general public for compensation in competition with other persons who 07 own or operate a commercial motor vehicle subject to AS 19.10.310 - 08 19.10.399, and , except to the extent that regulation of vehicles operated by the federal 09 government , is permitted by federal law; and 10  (v) vehicles used exclusively for purposes other than 11 commercial purposes; 12 * Sec. 7. AS 28.10.021(c) is amended to read: 13  (c) An employee of the department who processes an application for 14 registration or renewal of registration, other than an application received by mail or 15 an application for registration under AS 28.10.152 , shall ask the applicant orally 16 whether the applicant wishes to execute an anatomical gift or a living will. The 17 department shall make known to all applicants the procedure for executing a gift under 18 AS 13.50 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living 19 Wills and Do Not Resuscitate Orders) by displaying posters in the offices in which 20 applications are taken, by providing a brochure or other written information to each 21 person who applies in person or by mail, and, if requested, by providing oral advice. 22 * Sec. 8. AS 28.10.041(a) is amended to read: 23  (a) The department may refuse to register a vehicle if 24  (1) the application contains a false or fraudulent statement; 25  (2) the applicant fails to furnish information required by the 26 department; 27  (3) the applicant is not entitled to the issuance of a certificate of title 28 or registration under this chapter; 29  (4) the vehicle is determined to be mechanically unsafe to be driven or 30 moved on a highway, vehicular way or area, or other public property in the state; 31  (5) the department has reasonable grounds to believe that the vehicle

01 was stolen or fraudulently acquired or that the granting of registration would be a fraud 02 against the rightful owner or other person having a valid lien upon the vehicle; 03  (6) the registration of the vehicle has been suspended or revoked for 04 any reason under the laws of the state; 05  (7) the required fees or taxes have not been paid; 06  (8) the vehicle or applicant fails to comply with this chapter or 07 regulations implementing this section; 08  (9) the vehicle is without a certificate of inspection required under 09 AS 19.10.310; 10  (10) except for a vehicle to be registered under AS 28.10.152, the 11 vehicle is subject to a state-approved emission inspection program adopted under 12 AS 46.14.400 or 46.14.510, and the vehicle does not meet the standards of that 13 program, unless the vehicle uses a fuel source that does not primarily emit carbon 14 monoxide; 15  (11) the applicant fails to certify to the department the existence of a 16 motor vehicle liability policy that complies with AS 28.22.101 for the vehicle being 17 registered unless the owner of the vehicle qualifies as a self-insurer under 18 AS 28.20.400 or is exempted from obtaining liability insurance under AS 28.22.011. 19 * Sec. 9. AS 28.10.041(c) is amended to read: 20  (c) Except for a vehicle to be registered under AS 28.10.152, the [THE] 21 department shall refuse to register a vehicle subject to the federal heavy vehicle use 22 tax required by 26 U.S.C. 4481 (Internal Revenue Code of 1954) if the applicant fails 23 to furnish proof, in the form prescribed by the U.S. Secretary of the Treasury, that the 24 tax has been paid. 25 * Sec. 10. AS 28.10.108(a) is amended to read: 26  (a) Except for a vehicle registered under AS 28.10.152, a [A] vehicle 27 required to be registered under this chapter shall be registered under the procedures set 28 out in this section. 29 * Sec. 11. AS 28.10.121(a) is amended to read: 30  (a) A nonresident owner of a noncommercial vehicle registered outside the 31 state is exempt from the registration provisions of this chapter for 60 days after entry

01 into the state if the vehicle at all times when driven in this state is registered in and 02 has displayed upon it a currently valid registration plate issued for it by another 03 jurisdiction. However, if the person becomes gainfully employed in the state or takes 04 action that indicates an intention to acquire residence in the state, the person shall 05 comply with the licensing and registration provisions of this chapter within 10 days 06 of commencement of employment or of taking action that indicates the person's 07 intention to acquire residence. If the vehicle is a commercial vehicle, the vehicle must 08 be registered when its commercial use begins except as provided in AS 28.10.011 , 09 [AND] 28.10.131(c) , and 28.10.152 . 10 * Sec. 12. AS 28.20.131(a) is amended to read: 11  (a) Except for a vehicle to be registered under AS 28.10.152, if [If] a 12 vehicle to be registered under this chapter is previously registered outside the state, the 13 jurisdiction of registry shall be stated in the application, and the owner shall surrender 14 to the department all evidence of out-of-state registration in the owner's possession or 15 control except as provided in this section [OR AS 28.10.141], and the department may 16 require verification of the vehicle identification number. 17 * Sec. 13. AS 28.10.131(c) is amended to read: 18  (c) Except as provided in AS 28.10.152, if [IF] the owner of a commercial 19 vehicle desires to maintain title in another jurisdiction, the department, when satisfied 20 that the applicant is temporarily operating in-state and is the lawfully registered owner 21 of the commercial vehicle, may register the commercial vehicle without issuing a title 22 and shall type or stamp on the face of the State of Alaska certificate of registration 23 "No Title Issued." 24 * Sec. 14. AS 28.10 is amended by adding a new section to read: 25  Sec. 28.10.152. Temporary certificates of registration for certain 26 commercial vehicles. (a) If a commercial vehicle registered outside the state enters 27 the state and is not to be registered under AS 28.10.121, 28.10.131, or another 28 provision of this chapter, it must be temporarily registered under the provisions of this 29 section. 30  (b) For a commercial vehicle to be registered under this section, the operator 31 of the vehicle must provide proof of valid registration of the vehicle in another

01 jurisdiction and any other documentation required by the department by regulation. 02 Upon receipt of the proof of registration, any other required documentation, and 03 payment of the applicable fee under (d) of this section, the department, or its designee, 04 may issue a certificate of temporary registration, valid for 60 days, for the commercial 05 vehicle. The temporary certificate of registration must state the date of its issuance 06 and its expiration date. 07  (c) A temporary certificate of registration under this section may be issued for 08 a commercial vehicle even if such a certificate has previously been issued for the 09 vehicle and has expired. 10  (d) The fee for a temporary certificate of registration under this section is 11  (1) for a truck or a truck tractor, $350; 12  (2) for a commercial bus, $350; 13  (3) for all other commercial vehicles, including a trailer or a semi- 14 trailer, $10. 15  (e) The annual estimated balance in the account maintained under 16 AS 37.05.142 for fees collected under this section may be appropriated by the 17 legislature to the Department of Transportation and Public Facilities for programs 18 related to commercial vehicles, including the administration and operation of weigh 19 stations and commercial vehicle safety programs. 20 * Sec. 15. AS 28.10.161(a) is amended to read: 21  (a) Except for a vehicle registered under AS 28.10.152, the [THE] 22 department, upon registering a vehicle, shall issue the owner one fully reflectorized 23 registration plate for a trailer or a motorcycle and two fully reflectorized registration 24 plates for every other vehicle. Except as specifically provided in AS 28.10.181, the 25 plate or plates must remain with the vehicle as long as the vehicle is subject to 26 registration under this chapter. 27 * Sec. 16. AS 28.10.201(a) is amended to read: 28  (a) Except as otherwise provided in (b) of this section or in AS 28.10.131 and 29 28.10.152 [28.10.141], every owner of a vehicle subject to registration in this state 30 shall apply for a certificate of title under this chapter. 31 * Sec. 17. AS 28.10.201(d) is amended to read:

01  (d) Except for vehicles registered under AS 28.10.131(b) or (c) or 28.10.152 02 [AND 28.10.141], the department may not register a vehicle unless the applicant for 03 registration at the same time applies for and obtains a certificate of title under this 04 chapter, or presents satisfactory evidence that a certificate of title was previously 05 issued to the applicant. The department may not accept the application for the original 06 certificate of registration or title to a vehicle unless the vehicle is in the state at the 07 time of application. However, the department may accept an application for 08 registration and certificate of title for a vehicle that is not in the state when the 09 application is made by a registered and bonded dealer or by a resident of the state 10 when the application is accompanied by a manufacturer's statement of origin, or in the 11 case of a used vehicle, when the application is accompanied by a certificate of title 12 issued in another jurisdiction. 13 * Sec. 18. AS 45.75.131(a) is amended to read: 14  (a) A peace officer or an employee of the Department of Transportation and 15 Public Facilities who is authorized by the commissioner of transportation and public 16 facilities to enforce this chapter may issue a citation to a person who 17  (1) violates a weight, size, or load limitation adopted by the Department 18 of Transportation and Public Facilities under AS 19.10.060; 19  (2) violates the terms of an overweight or oversize vehicle permit 20 issued under AS 19.10.060(b); 21  (3) violates a regulation adopted under AS 19.10.060(c) or 22 AS 28.05.011(a)(2) , or under AS 19.10.060(b) and AS 45.75.050(b)(5); or 23  (4) commits a violation identified under AS 45.75.380. 24 * Sec. 19. AS 45.75.380(a) is amended to read: 25  (a) A person commits a violation subject to the penalty specified in 26 AS 12.55.035(b)(5) if the person does one or more of the following acts: 27  (1) uses or has in possession for the purpose of using for a commercial 28 purpose specified in AS 45.75.080, sells, offers, or exposes for sale, or hire, or has in 29 possession for the purpose of selling or hiring, an incorrect weight or measure or a 30 device or instrument used to or calculated to falsify a weight or measure; 31  (2) uses or has in possession for current use, in buying or selling a

01 commodity or thing, or for hire or award, or in the computation of a basic charge or 02 payment for services rendered on the basis of weight or measurement, or in the 03 determination of weight or measurement when a charge is made for determination, a 04 weight or measure that has not been tested and sealed by the appropriate authority 05 within one year, unless 06  (A) the person gives written notice to the appropriate authority 07 to the effect that the weight or measure is available for examination, or is due 08 for reexamination, as the case may be; 09  (B) the person receives specific written permission to use the 10 weight or measure from the appropriate authority; or 11  (C) the weight or measure is exempt from sealing or annual 12 testing requirements by AS 45.75.080 or by a regulation adopted under 13 AS 45.75.050; 14  (3) disposes of a rejected or condemned weight or measure in a manner 15 contrary to law or regulation; 16  (4) removes from a weight or measure, contrary to law or regulation, 17 a tag, seal, or mark placed on it by the appropriate authority; 18  (5) sells or offers for sale less than the quantity the person represents 19 of a commodity, thing, or service; 20  (6) takes more than the quantity the person represents of a commodity, 21 thing, or service when, as buyer, the person furnished the weight or measure that the 22 seller used to determine the amount of the commodity, thing, or service; 23  (7) keeps for the purpose of sale, advertises, or offers for sale, or sells 24 a commodity, thing, or service in a condition or manner contrary to law or regulation; 25  (8) uses in retail trade, except in the preparation of packages put up in 26 advance of sale and of medical prescriptions, a weight or measure that is not so 27 positioned that a customer may accurately read, from a position that may reasonably 28 be assumed by a customer, its indications and observe the weighing or measuring 29 operation; 30  (9) hinders or obstructs the director, an inspector, a sealer, or a deputy 31 sealer in the performance of official duties under this chapter;

01  (10) violates a provision of an overweight or oversize vehicle permit 02 issued under AS 19.10.060(b); 03  (11) violates a weight, load, or size limitation established under 04 AS 19.10.060 or a regulation adopted under AS 19.05.020, AS 19.10.060 05 [AS 19.10.060(b)], or AS 45.75.050(b)(5); 06  (12) violates a provision of this chapter or a regulation adopted under 07 this chapter for which a specific penalty is not prescribed. 08 * Sec. 20. AS 19.10.320, 19.10.330, 19.10.350, 19.10.360; AS 28.10.011(9), and 28.10.141 09 are repealed. 10 * Sec. 21. TRANSITION: REGULATIONS. Notwithstanding sec. 23 of this Act, the 11 Department of Administration and the Department of Transportation and Public Facilities may 12 proceed to adopt regulations necessary to implement their respective provisions in this Act. 13 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 14 effective date of secs. 1 - 20 of this Act. 15 * Sec. 22. Section 21 of this Act takes effect immediately under AS 01.10.070(c). 16 * Sec. 23. Except as provided in sec. 22 of this Act, this Act takes effect July 1, 1998.