Legislature(2001 - 2002)
02/19/2002 02:03 PM Senate TRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HB 68-IMMUNITY: CABBIE DRIVING DRUNK'S CAR HOME
REPRESENTATIVE NORMAN ROKEBERG, sponsor of HB 68, thanked the
committee for hearing the bill. He said the bill was requested
by:
· Alaska Cabaret, Hotel, Restaurant and Retailers Association
(CHARR)
· Anchorage Downtown Partnership Association
· Downtown Licensed Beverage Association in Anchorage.
It would allow implementation of the "Off the Road Program"
commonly know as the "Tipsy Taxi Provisions". This program would
allow two taxi drivers to take an inebriated drinker home along
with his vehicle.
REPRESENTATIVE ROKEBERG explained many drinkers are reluctant to
leave their vehicle at the premise where they were drinking.
When it comes to that crucial decision about whether or not they
should drive home their judgment may be swayed by the fact they
do not want to leave their nice new vehicle in the parking lot.
They might make that decision improperly.
The Anchorage Downtown Partnership put together a program that
allows a cab driver to take an inebriate home in one cab and
allows another cab driver to drive that persons car home. This
service is provided for a fee of $40, a very reasonable fee in
the Anchorage bowl area. The problem is they believe it would
cost an excess of $1000 per month for taxi's to insure this
service. They came forward with this legislation that provides
for limited immunity in these circumstances. The bill grants
immunity typical of defendants of Dram Shop liability cases.
REPRESENTATIVE ROKEBERG said the bill protects potential third
party right of action by the implied consent subsection on page
2, line 13 (d). If the cab driver driving the inebriates car
hits another car the subsection allows for the person who was
damaged to seek the insurance claim against that car even though
the cab driver was driving it rather than the owner. It does not
preclude liability in cases of gross negligence, reckless or
intentional misconduct.
REPRESENTATIVE ROKEBERG said this is a good samaritan bill. It
allows a small program that could have some lasting effects on
the safety of streets in Alaska to go forward.
KAC'E McDOWELL, Executive Director, Alaska Cabaret, Hotel,
Restaurant and Retailers Association (CHARR), said this bill
would be utilized state wide, not just in Anchorage. They
started the program in Anchorage because it was such a necessity
for getting people's cars home from downtown where they cannot
leave their cars. She was working on programs all over the state
for the Safe Drive Program and the Off the Road Program was going
to be incorporated in those programs. Affiliates around the
state sent letters attesting to the fact they would like to
incorporate this in their Safe Drive Program. She talked to
several cab drivers that have been utilizing this program but
they fear the insurance is not going with the car as it would in
the case of someone too intoxicated to make that decision.
She said this is not just for inebriated people. Responsible
drivers want to get home and get their car home at a reasonable
fee. They want to know their car will be safe and not leave it
in a place where it will be towed or vandalized.
CHAIRMAN COWDERY said he was under the impression if he drives
someone else's car, liability insurance is furnished for the car
whether the driver is insured or not. He asked Representative
Rokeberg how that fit in with this legislation.
REPRESENTATIVE ROKEBERG said he believed Chairman Cowdery was
correct. He thought insurance followed the car not the driver in
Alaska. This bill would make sure that was the case and would
allow for recovery on the part of an injured third party in case
there was an accident caused by the taxi driver driving the
person's car.
He said Ms. McDowell made a good point and he had used the word
inebriate when he should not have. It is really a person who is
under the influence. In Alaska, that would be to have a .08
Blood Alcohol Concentration (BAC). He said the committee should
be aware the definition of impairment had been lowered all the
way down to .04 BAC. You could be impaired or legally under the
influence of alcohol if you only had .04 BAC, which may be only
one or two drinks. This service would be available to anybody
who had a couple of drinks and was concerned about whether or not
they had their full faculties.
SENATOR ELTON asked about page 1, line 10. He wanted to know why
they restricted the provisions of the bill to people who start
driving from or near licensed premises. He said they were
excluding a large class of instances in which people may drink to
excess such as wedding receptions, retirement parties and other
kinds of events that are not at or near a licensed premise.
REPRESENTATIVE ROKEBERG said with a grant of tort immunity they
want to make sure the scope is very narrow and it can be
administered under the law properly. There is potential to allow
two cab drivers to come to a home but they should walk before
they run. They need to make sure the program is workable and
adopted throughout the state rather than expand its immunity. If
they were to do that it might kill the program because economics
are limited. The $40 rate in downtown Anchorage is going to be
subsidized by the premise owners or the participating groups.
Two cab drivers may be very expensive. There is an implicit
subsidy of the rate from or near licensed premises. The rate for
the general public would not be subsidizing and the fees would go
up substantially. Expanding it would probably kill the bill.
SENATOR ELTON said if a person is in a licensed premise in Palmer
but lives in south Anchorage that would be a greater cost than
somebody that needs to get from a wedding reception in mid
Anchorage to College Park. He asked to meet with the sponsor or
his staff to talk about some of the restrictions. He thought it
was a good idea but did not deal with the whole problem.
MS. McDOWELL explained their Off the Road Program is through
Anchorage Against Drunk Driving. The bill would relieve the taxi
cab driver from liability and then the Off the Road Program will
be a separate entity. Whether this will be available to someone
in Eagle River will have to do with whether Eagle River gets
involved in the program. These are two separate entities the
passing of the bill to lift the liability then they can do the
program. They ran into a problem doing the program because they
were afraid they might put the liability on the taxi cab drivers.
Taxi drivers were charging four times the meter to take a car
home and now through grants and money from the bars and
restaurants there will be a $40 charge.
REPRESENTATIVE ROKEBERG said it was a tort issue and would be
going to the Senate Judiciary Committee.
SENATOR WILKEN moved CSSSHB 68 (JUD) from committee with
individual recommendations and attached zero fiscal note. There
being no objection, the motion carried.
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