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CSSB 163(STA): "An Act relating to commercial motor vehicles."

00 CS FOR SENATE BILL NO. 163(STA) 01 "An Act relating to commercial motor vehicles." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 19.10.300(f)(1) is amended to read: 04 (1) "commercial motor vehicle" means a motor vehicle or a 05 combination of a motor vehicle and one or more other vehicles 06 (A) used to transport passengers or property for commercial 07 purposes; 08 (B) used on [UPON] a land highway or vehicular way or area; 09 and 10 (C) that 11 (i) has a gross vehicle weight rating or gross 12 combination weight rating greater than 26,000 pounds; or 13 (ii) is designed to transport more than 15 passengers, 14 including the driver; 15 (D) except that the following vehicles meeting the criteria in

01 (A) - (C) of this paragraph are not commercial motor vehicles: 02 (i) emergency or fire equipment that is necessary to the 03 preservation of life or property; 04 (ii) covered farm vehicles operating anywhere in the 05 state [THAT ARE CONTROLLED AND OPERATED BY A 06 FARMER; USED TO TRANSPORT AGRICULTURAL PRODUCTS, 07 FARM MACHINERY, OR FARM SUPPLIES TO OR FROM THAT 08 FARMER'S FARM; NOT USED IN THE OPERATIONS OF A 09 COMMON OR CONTRACT MOTOR CARRIER; AND USED 10 WITHIN 150 MILES OF THE FARMER'S FARM]; and 11 (iii) vehicles used exclusively for purposes other than 12 commercial purposes; 13 * Sec. 2. AS 19.10.399(1) is amended to read: 14 (1) "commercial motor vehicle" means a self-propelled or towed 15 motor vehicle 16 (A) used to transport passengers or property for commercial 17 purposes; 18 (B) used on [UPON] a highway or vehicular way or area; and 19 (C) that 20 (i) has a gross vehicle weight rating or gross 21 combination weight rating, or gross vehicle weight or gross 22 combination weight of 10,001 pounds or more [GREATER THAN 23 10,000 POUNDS] for vehicles used in interstate commerce and 14,000 24 pounds or more for vehicles used in intrastate commerce; [OR] 25 (ii) is designed to transport more than 15 passengers, 26 including the driver; or 27 (iii) is used to transport material found by the 28 United States Secretary of Transportation to be hazardous under 29 49 U.S.C. 5103 and is transported in any quantity requiring 30 placarding; 31 (D) for the purposes of intrastate commerce; [EXCEPT

01 THAT] the following vehicles meeting the criteria in (A) and (B) and either 02 (C)(i) or (ii) [(A) - (C)] of this paragraph are not commercial motor vehicles: 03 (i) emergency or fire equipment that is necessary to the 04 preservation of life or property; 05 (ii) covered farm vehicles operating anywhere in the 06 state [THAT ARE CONTROLLED AND OPERATED BY A 07 FARMER; USED TO TRANSPORT AGRICULTURAL PRODUCTS, 08 FARM MACHINERY, OR FARM SUPPLIES TO OR FROM THAT 09 FARMER'S FARM; NOT USED IN THE OPERATIONS OF A 10 COMMON OR CONTRACT MOTOR CARRIER; AND USED 11 WITHIN 150 MILES OF THE FARMER'S FARM]; 12 (iii) school buses used for school bus operations; 13 (iv) vehicles owned and operated by the federal 14 government unless the vehicle is used to transport property of the 15 general public for compensation in competition with other persons who 16 own or operate a commercial motor vehicle subject to AS 19.10.310 - 17 19.10.399, and except to the extent that regulation of vehicles operated 18 by the federal government is permitted by federal law; and 19 (v) vehicles used exclusively for purposes other than 20 commercial purposes; 21 * Sec 3. AS 19.10.399 is amended by adding new paragraphs to read: 22 (14) "covered farm vehicle" means a straight or articulated vehicle 23 (A) registered in the state with a license plate or other 24 designation issued by the state that allows law enforcement officials to identify 25 it as a farm vehicle; 26 (B) operated by the owner or operator of a farm or ranch, or an 27 employee or family member of an owner or operator of a farm or ranch; 28 (C) used to transport agricultural commodities, livestock, 29 machinery, or supplies to or from a farm or ranch; and 30 (D) not used in for-hire motor carrier operations; 31 (15) "school bus" means a passenger motor vehicle that is designed or

01 used to carry more than 10 passengers in addition to the driver and that is likely to be 02 used to transport pre-elementary, elementary, or secondary school students to and 03 from school; 04 (16) "school bus operations" means the use of a school bus to transport 05 students and school personnel to and from school.