Enrolled SB 199: Relating to the use of off-road vehicles within the James Dalton Highway corridor; and relating to containing or confining loads being transported on highways.
00Enrolled SB 199 01 Relating to the use of off-road vehicles within the James Dalton Highway corridor; and 02 relating to containing or confining loads being transported on highways. 03 _______________ 04 * Section 1. AS 19.40.210 is amended to read: 05 Sec. 19.40.210. Prohibition of off-road vehicles. Off-road vehicles are 06 prohibited on land within [FIVE MILES OF THE RIGHT-OF-WAY OF] the highway 07 corridor. However, this prohibition does not apply to 08 (1) off-road vehicles necessary for oil and gas exploration, 09 development, production, or transportation; 10 (2) a person who holds a mining claim in the vicinity of the highway 11 and who must use land in [WITHIN FIVE MILES OF THE RIGHT-OF-WAY OF] 12 the highway corridor to gain access to the mining claim; [OR] 13 (3) the use of a snow machine to travel across the highway corridor 14 from land outside the corridor to access land outside the other side of the corridor; this
01 paragraph does not permit the use of a snow machine for any purpose within the 02 corridor if the use begins or ends within the corridor or within the right-of-way of the 03 highway or if the use is for travel within the corridor that is parallel to the right-of-way 04 of the highway; or 05 (4) a person who must use land in the highway corridor to gain 06 access to private property that 07 (A) is located outside the corridor; and 08 (B) has an established history of use as a homestead [IN 09 THIS PARAGRAPH, "HIGHWAY CORRIDOR" MEANS LAND WITHIN 10 FIVE MILES OF THE RIGHT-OF-WAY OF THE HIGHWAY]. 11 * Sec. 2. AS 19.40.210 is amended by adding new subsections to read: 12 (b) Nothing in this section authorizes a person to access the land of another 13 person unlawfully. 14 (c) In this section, "highway corridor" or "corridor" means land within five 15 miles of the right-of-way of the highway. 16 * Sec. 3. AS 28.35.251 is repealed and reenacted to read: 17 Sec. 28.35.251. Failure to contain or confine a load. (a) A person commits 18 the crime of failure to contain or confine a load in the first degree if the person, with 19 criminal negligence, violates (c) of this section and, as a result of that violation, causes 20 serious physical injury to another person. 21 (b) A person commits the crime of failure to contain or confine a load in the 22 second degree if the person, with criminal negligence, violates (c) of this section and 23 damages the property of another person in an amount of $5,000 or more. 24 (c) A person commits the offense of failure to contain or confine a load in the 25 third degree if the person drives or moves a motor vehicle loaded with any material on 26 a highway unless 27 (1) the load is 28 (A) contained or confined to prevent the load from 29 (i) dropping, leaking, or escaping; or 30 (ii) shifting on or within the vehicle to the extent that 31 the motor vehicle's stability or maneuverability is adversely affected;
01 and 02 (B) subjected to treatment by methods, approved by the 03 commissioner of public safety by regulation, designed to settle the load or 04 remove loose material before the vehicle is driven or moved on the highway; 05 and 06 (2) at least six inches of freeboard is maintained around the entire 07 perimeter of a load consisting of sand, gravel, dirt, rock, or similar materials or the 08 load is covered and securely fastened to prevent the cover from becoming loose or 09 detached or from being a hazard to other users of the highway. 10 (d) 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) a commercial motor vehicle that is subject to the federal motor 15 carrier cargo securement standards implemented through state or federal law; 16 (3) the natural accumulation of snow, ice, mud, dirt, or similar 17 materials on a motor vehicle; 18 (4) a vehicle that is removing snow or hauling snow after removal; or 19 (5) random litter; in this paragraph, "litter" includes plastic wrappers, 20 empty plastic bags, leaves, paper, or similar soft materials. 21 (e) Failure to contain or confine a load in the 22 (1) first degree is a class A misdemeanor punishable as provided in 23 AS 12.55; 24 (2) second degree is a class B misdemeanor punishable as provided in 25 AS 12.55; 26 (3) third degree is an infraction punishable by a fine of not more than 27 (A) $2,500 if the person has been previously convicted three or 28 more times of a violation of this section; 29 (B) $1,500 if the person has been previously convicted twice of 30 a violation of this section; 31 (C) $750 if the person has been previously convicted one time
01 of a violation of this section; or 02 (D) $300 if the person has not been previously convicted of a 03 violation of this section. 04 (f) In this section, "criminal negligence" has the meaning given in 05 AS 11.81.900. 06 * Sec. 4. AS 28.35.253 is amended by adding a new subsection to read: 07 (b) Violation of this section is an infraction. 08 * Sec. 5. AS 28.35.255 is repealed.