SCS CSHB 259(TRA): "An Act relating to containing or confining loads being transported on highways."
00 SENATE CS FOR 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 AS 28.35.251 is repealed and reenacted to read: 04 Sec. 28.35.251. Failure to contain or confine a load. (a) A person commits 05 the crime of failure to contain or confine a load in the first degree if the person, with 06 criminal negligence, violates (c) of this section and, as a result of that violation, causes 07 serious physical injury to another person. 08 (b) A person commits the crime of failure to contain or confine a load in the 09 second degree if the person, with criminal negligence, violates (c) of this section and 10 damages the property of another person in an amount of $5,000 or more. 11 (c) A person commits the offense of failure to contain or confine a load in the 12 third degree if the person drives or moves a motor vehicle loaded with any material on 13 a highway unless 14 (1) the load is 15 (A) contained or confined to prevent the load from
01 (i) dropping, leaking, or escaping; or 02 (ii) shifting on or within the vehicle to the extent that 03 the motor vehicle's stability or maneuverability is adversely affected; 04 and 05 (B) subjected to treatment by methods, approved by the 06 commissioner of public safety by regulation, designed to settle the load or 07 remove loose material before the vehicle is driven or moved on the highway; 08 and 09 (2) at least six inches of freeboard is maintained around the entire 10 perimeter of a load consisting of sand, gravel, dirt, rock, or similar materials or the 11 load is covered and securely fastened to prevent the cover from becoming loose or 12 detached or from being a hazard to other users of the highway. 13 (d) This section does not apply to 14 (1) a vehicle that drops, sprinkles, or sprays sand, liquids, or other 15 materials for the purpose of cleaning or maintaining the highway or providing or 16 improving traction; 17 (2) a commercial motor vehicle that is subject to the federal motor 18 carrier cargo securement standards implemented through the state or federal law; 19 (3) the natural accumulation of snow, ice, mud, dirt, or similar 20 materials on a motor vehicle; 21 (4) a vehicle that is removing snow or hauling snow after removal; or 22 (5) random litter; in this paragraph, "litter" includes plastic wrappers, 23 empty plastic bags, leaves, paper, or similar soft materials. 24 (e) In a prosecution under (a) or (b) of this section, the fact that the person has 25 been previously convicted under (c) of this section within the preceding 10 years is 26 prima facie evidence that the person acted with criminal negligence. 27 (f) Failure to contain or confine a load in the 28 (1) first degree is a class A misdemeanor punishable as provided in 29 AS 12.55; 30 (2) second degree is a class B misdemeanor punishable as provided in 31 AS 12.55;
01 (3) third degree is an infraction punishable by a fine of not more than 02 (A) $2,500 if the person has been previously convicted three or 03 more times of a violation of this section; 04 (B) $1,500 if the person has been previously convicted twice of 05 a violation of this section; 06 (C) $750 if the person has been previously convicted one time 07 of a violation of this section; or 08 (D) $300 if the person has not been previously convicted of a 09 violation of this section. 10 (g) In this section, "criminal negligence" has the meaning given in 11 AS 11.81.900. 12 * Sec. 2. AS 28.35.253 is amended by adding a new subsection to read: 13 (b) Violation of this section is an infraction. 14 * Sec. 3. AS 28.35.255 is repealed.