CSHB 259(TRA): "An Act relating to containing or confining loads being transported on highways."
00 CS FOR HOUSE BILL NO. 259(TRA) 01 "An Act relating to containing or confining loads being transported on highways." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 28.35.251(a) is amended to read: 04 (a) A person may not drive or move a motor vehicle loaded with any 05 material [SAND, GRAVEL, ROCK, OR SIMILAR MATERIALS] on a highway 06 unless 07 (1) the load is 08 (A) contained or confined to prevent the load from 09 (i) dropping, [SHIFTING,] leaking, or escaping; or 10 (ii) shifting on or within the vehicle to the extent that 11 the motor vehicle's stability or maneuverability is adversely 12 affected; or 13 (B) [, EXCEPT THAT SAND OR OTHER SUBSTANCES 14 MAY BE DROPPED, SPRINKLED, OR SPRAYED FOR THE PURPOSE 15 OF CLEANING OR MAINTAINING THE HIGHWAY OR PROVIDING
01 TRACTION; AND (2) THE LOAD IS] subjected to treatment by methods, 02 approved by the commissioner of public safety by regulation, designed to settle 03 the load or remove loose material before the vehicle is driven or moved on the 04 highway; or 05 (2) at least six inches of freeboard is maintained around the entire 06 perimeter of a load consisting of sand, gravel, dirt, rock, or similar materials or 07 the load is covered and securely fastened to prevent the cover from becoming 08 loose or detached or from being a hazard to other users of the highway. 09 * Sec. 2. AS 28.35.251 is amended by adding new subsections to read: 10 (c) This section does not apply to 11 (1) a vehicle that drops, sprinkles, or sprays sand, liquids, or other 12 materials for the purpose of cleaning or maintaining the highway or providing or 13 improving traction; 14 (2) the natural accumulation of snow, ice, mud, dirt, or similar 15 materials on a motor vehicle; or 16 (3) a vehicle that is removing snow or hauling snow after removal. 17 (d) A person who violates (a) of this section 18 (1) is guilty of a class A misdemeanor and is punishable as provided in 19 AS 12.55 if the 20 (A) violation results in serious physical injury; or 21 (B) person has been previously convicted three or more times 22 of a violation under (a) of this section; 23 (2) under circumstances other than in (1) of this subsection, is guilty of 24 a class B misdemeanor and is punishable as provided in AS 12.55 if the person has 25 been previously convicted twice of a violation under (a) of this section; or 26 (3) under circumstances other than in (1) or (2) of this subsection, is 27 guilty of an infraction and upon conviction is punishable by a fine of not more than 28 (A) $600 if the person has been previously convicted one time 29 of a violation under (a) of this section; or 30 (B) $300 if the person has not been previously convicted of a 31 violation under (a) of this section.
01 * Sec. 3. AS 28.35.253 is amended by adding a new subsection to read: 02 (b) Violation of this section is an infraction. 03 * Sec. 4. AS 28.35.251(b) and 28.35.255 are repealed.