Enrolled HB 15: Relating to commercial motor vehicle requirements.
00Enrolled HB 15 01 Relating to commercial motor vehicle requirements. 02 _______________ 03 * Section 1. AS 19.10.060(c) is amended to read: 04 (c) Except for requirements relating to a commercial motor vehicle driver's 05 licensing program under AS 28, the department shall adopt regulations under 06 AS 44.62 (Administrative Procedure Act) that are necessary to implement 07 [REQUIREMENTS IMPOSED BY] federal statutes [STATUTE] or regulations 08 [REGULATION] that relate to commercial motor vehicles [AND THAT ARE 09 NECESSARY TO AVOID LOSS OR WITHHOLDING OF FEDERAL HIGHWAY 10 MONEY]. 11 * Sec. 2. AS 19.10.300(f)(1) is amended to read: 12 (1) "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 for commercial 15 purposes;
01 (B) used upon a land highway or vehicular way; and 02 (C) that 03 (i) has a gross vehicle weight rating or gross 04 combination weight rating greater than 26,000 pounds; or 05 (ii) is designed to transport more than 15 passengers, 06 including the driver; [OR 07 (iii) IS USED IN THE TRANSPORTATION OF 08 MATERIALS FOUND BY THE UNITED STATES SECRETARY OF 09 TRANSPORTATION TO BE HAZARDOUS FOR PURPOSES OF 49 10 U.S.C. 5101 - 5128;] 11 (D) except that the following vehicles meeting the criteria in 12 (A) - (C) of this paragraph are not commercial motor vehicles: 13 (i) emergency or fire equipment that is necessary to the 14 preservation of life or property; 15 (ii) farm vehicles that are controlled and operated by a 16 farmer; used to transport agricultural products, farm machinery, or farm 17 supplies to or from that farmer's farm; not used in the operations of a 18 common or contract motor carrier; and used within 150 miles of the 19 farmer's farm; and 20 (iii) [RECREATIONAL] vehicles used exclusively for 21 purposes other than commercial purposes; 22 * Sec. 3. AS 19.10.399(1) is amended to read: 23 (1) "commercial motor vehicle" means a self-propelled or towed 24 vehicle 25 (A) used to transport passengers or property for commercial 26 purposes; 27 (B) used upon a highway or vehicular way; and 28 (C) that 29 (i) has a gross vehicle weight rating or gross 30 combination weight rating greater than 10,000 pounds for vehicles 31 used in interstate commerce and 14,000 pounds for vehicles used in
01 intrastate commerce; or 02 (ii) is designed to transport more than 15 passengers, 03 including the driver; [OR 04 (iii) IS USED IN THE TRANSPORTATION OF 05 MATERIALS FOUND BY THE UNITED STATES SECRETARY OF 06 TRANSPORTATION TO BE HAZARDOUS FOR PURPOSES OF 49 07 U.S.C. 5101 - 5128;] 08 (D) except that the following vehicles meeting the criteria in 09 (A) - (C) of this paragraph are not commercial motor vehicles: 10 (i) emergency or fire equipment that is necessary to the 11 preservation of life or property; 12 (ii) farm vehicles that are controlled and operated by a 13 farmer; used to transport agricultural products, farm machinery, or farm 14 supplies to or from that farmer's farm; not used in the operations of a 15 common or contract motor carrier; and used within 150 miles of the 16 farmer's farm; 17 (iii) school buses; 18 (iv) vehicles owned and operated by the federal 19 government unless the vehicle is used to transport property of the 20 general public for compensation in competition with other persons who 21 own or operate a commercial motor vehicle subject to AS 19.10.310 - 22 19.10.399, and except to the extent that regulation of vehicles operated 23 by the federal government is permitted by federal law; and 24 (v) vehicles used exclusively for purposes other than 25 commercial purposes;