02/21/2012 01:00 PM House TRANSPORTATION

          HB 271-COMMERCIAL MOTOR VEHICLE REQUIREMENTS                                                                      
                                                                                                                                
1:09:02 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON announced that  the first order of business would                                                               
be HOUSE  BILL NO.  271, "An  Act relating  to the  state highway                                                               
system and commercial motor vehicle requirements."                                                                              
                                                                                                                                
1:09:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WES KELLER, Alaska  State Legislature, stated that                                                               
HB 271  will expand  the gross vehicle  rate (GVR)  weight rating                                                               
from 10,000  to 14,000 pounds  to allow newer pickups  to operate                                                               
without being  considered commercial vehicles.   As an  aside, he                                                               
mentioned he holds a commercial  vehicle license.  He pointed out                                                               
that newer  pickups and the  GVR is  over the 10,000  pound limit                                                               
for noncommercial vehicles.  He  related that the Alaska Trucking                                                               
Association (ATA)  suggested these changes and  the bill received                                                               
favorable  comments  thus far.    He  has  also worked  with  the                                                               
Department of Transportation & Public  Facilities (DOT&PF) on the                                                               
matter.                                                                                                                         
                                                                                                                                
1:11:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  Munoz  moved  the proposed  Committee  Substitute                                                               
(CS) for  HB 271,  labeled 27-LS1158\I,  Martin, 2/10/12,  as the                                                               
work draft.   There being no objection, Version I  was before the                                                               
committee.                                                                                                                      
                                                                                                                                
1:11:35 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature, on behalf of Representative  Keller, stated that the                                                               
current law  was written  in 1999  at a  time when  pickup trucks                                                               
were smaller.   He related  that some  pickup trucks are  used as                                                               
pilot trucks  and this bill would  allow them to include  a "one-                                                               
ton dually," which a vehicle with  an extra set of rear tires, in                                                               
a noncommercial status.  These  dual-wheel vehicles put more tire                                                               
on the road  to spread out the  weight so there is  less wear and                                                               
tear  on the  roads.   He  admitted  while is  not  an expert  on                                                               
trucking   that  several   testifiers  are   present  to   answer                                                               
questions.                                                                                                                      
                                                                                                                                
1:12:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ asked him to address any cost savings.                                                                     
                                                                                                                                
MR. POUND  deferred to  the DOT&PF to  address any  cost savings.                                                               
He reported  that many individuals  driving pilot cars  are under                                                               
18  years of  age and  are not  eligible for  commercial drivers'                                                               
licenses.  This  bill would allow them to  drive one-ton vehicles                                                               
while   still   working    towards   their   commercial   vehicle                                                               
certification.     He   suggested  that   sometimes  workers   on                                                               
construction sites  are asked to run  errands such as to  pick up                                                               
something at a lumber yard and this will allow them to do so.                                                                   
                                                                                                                                
1:14:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE  asked  for clarification  on  the  changes                                                               
contained in Version I.                                                                                                         
                                                                                                                                
MR.  POUND  answered  the  primary  change  made  was  to  remove                                                               
language that  pertained to federal hazardous  materials that the                                                               
state   must  comply   with   [under   the  Hazardous   Materials                                                               
Transportation Act (HMTA)], often referred to as HAZMAT.                                                                        
                                                                                                                                
1:14:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE related  his understanding  one reason  the                                                               
HAZMAT  placards  are  placed  on vehicles  is  to  notify  first                                                               
responders of  the impending  issue of  hazardous materials.   He                                                               
asked for any compelling reason to remove this requirement.                                                                     
                                                                                                                                
MR. POUND  answered that the  placards are federally  managed but                                                               
are state inspected.                                                                                                            
                                                                                                                                
1:15:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  referred to page  2, which read,  "(A) used                                                               
to  transport passengers  or property  for intrastate  commercial                                                             
purposes;" which  relates to commercial  vehicles.  He  asked how                                                             
this language  would apply to interstate  commercial purposes and                                                               
whether this vehicle would be considered a commercial vehicle.                                                                  
                                                                                                                                
MR. POUND  offered his belief that  it would not be  considered a                                                               
commercial vehicle  if the  vehicle is under  14,000 pounds.   He                                                               
suggested the same rules would  apply to any vehicle under 14,000                                                               
pounds GVW.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FEIGE  asked for  an  explanation  of adding  the                                                               
phrase.   He referred  back to  page 3, line  1, to  the language                                                               
that increases the weight from 10,000 to 14,000 pounds.                                                                         
                                                                                                                                
DAN  BREEDEN,  Director,  Division  of  Measurement  Standards  &                                                               
Commercial  Vehicle Enforcement,  Department of  Transportation &                                                               
Public  Facilities  (DOT&PF),  responded   that  the  bill  would                                                               
deregulate  the operations  in  intrastate  commerce under  those                                                               
specific rules.   He said that  all federal rules would  apply as                                                               
usual to any interstate commerce.                                                                                               
                                                                                                                                
1:17:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  related his  understanding that  the intent                                                               
of HB  271 is to allow  F-350 trucks normally driven  as personal                                                               
vehicles  to  be  used  on construction  sites.    He  questioned                                                               
whether  that goal  can be  accomplished simply  by changing  the                                                               
weight  requirements.   He further  questioned whether  a vehicle                                                               
would be considered a private  noncommercial vehicle based solely                                                               
on the vehicle weight falling below 14,000 pounds.                                                                              
                                                                                                                                
MR.  BREEDEN answered  that the  minimum weight  is being  raised                                                               
from  10,000   to  14,000  pounds  for   intrastate  commerce  to                                                               
accommodate and  not regulate those  vehicles.  The  division has                                                               
previously  treated commercial  vehicles  the  same whether  they                                                               
were used  for interstate or  intrastate purposes.   He explained                                                               
that currently drivers  under 18 years of age are  not allowed to                                                               
operate commercial  vehicles.  He added  that other requirements,                                                               
such as rules associated with  hours of service would also apply;                                                               
however,  it   would  be  unacceptable  to   regulate  interstate                                                               
commerce due to  the federal requirements.   He characterized the                                                               
federal regulations as being overreaching ones.                                                                                 
                                                                                                                                
1:18:37 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON paraphrased that  in Alaska the state would raise                                                               
the standard for younger drivers  and allows them to use vehicles                                                               
that weigh more than 10,000  pounds, but limited to 14,000 pounds                                                               
or  less; however,  federal  rules would  continue  to apply  for                                                               
interstate use.                                                                                                                 
                                                                                                                                
MR. BREEDEN concurred.                                                                                                          
                                                                                                                                
1:19:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  inquired as  to whether HAZMAT  rules would                                                               
apply to commercial vehicles used in intrastate commerce.                                                                       
                                                                                                                                
MR.  BREEDEN answered  absolutely yes.   The  HAZMAT rules  would                                                               
apply to  any HAZMAT transport  regardless of the size  or weight                                                               
of  the vehicle.   He  stated that  the federal  interstate rules                                                               
would  also  apply  since  HAZMAT  is  a  federal  program.    He                                                               
explained that  the DOT&PF adopts  and enforces the  federal law.                                                               
He  reiterated  that the  federal  law  applies with  respect  to                                                               
HAZMAT.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  FEIGE referred  to page  2, line  9, and  also to                                                               
page  3, lines  4-7 of  the bill.   He  questioned the  reason to                                                               
include this specific language in statute.                                                                                      
                                                                                                                                
MR. BREEDEN responded  that the language is redundant.   The rule                                                               
applies  without this  added statutory  language so  the language                                                               
was removed for clarity.                                                                                                        
                                                                                                                                
1:20:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN recalled  earlier testimony  that people                                                               
under the ages of  18 were driving pilot cars.   He said based on                                                               
his experience of  having hired numerous drivers  in his business                                                               
career that the first requirement is  drivers must be 18 years or                                                               
older in order  to obtain insurance coverage.   He questioned the                                                               
safety factors  of using drivers under  the age of 18  to operate                                                               
pilot  vehicles,  assuming  the   vehicles  following  the  pilot                                                               
vehicle  are carrying  extremely large  loads and  are ones  that                                                               
will require oversize permits.                                                                                                  
                                                                                                                                
MR.  POUND  was aware  some  drivers  under  the  age 18  hold  a                                                               
commercial  driver's license  (CDL) and  operate pilot  vehicles.                                                               
He  offered his  belief that  the CDL  requirement "kicks  in" at                                                               
10,000  pounds.   He suggested  it  was possible  for someone  to                                                               
drive a pilot vehicle, but not obtain a CDL to drive a truck.                                                                   
                                                                                                                                
1:22:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  recalled earlier testimony  with respect                                                               
to less road wear by trucks.  He was unsure of the context.                                                                     
                                                                                                                                
MR. POUND  clarified that he  was referring to  dual-wheel trucks                                                               
and not the smaller F-110 trucks.                                                                                               
                                                                                                                                
1:22:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FEIGE  referred   to  Section   3  and   to  the                                                               
definition.    He  expressed concern  that  this  language  would                                                               
remove the authority of the  state to inspect vehicles under this                                                               
section involved in interstate commerce.                                                                                        
                                                                                                                                
MR.  BREEDEN  responded  that   the  interstate  regulations  are                                                               
adopted in  17 AAC,  Chapter 25.   He  explained that  the DOT&PF                                                               
adopts these  federal regulations by  reference so all  the rules                                                               
would  apply,  but  this  section  would  eliminate  the  state's                                                               
oversight  of intrastate  operations for  vehicles weighing  less                                                               
than 14,000 pounds.                                                                                                             
                                                                                                                                
1:24:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE asked whether  this section would only apply                                                               
to Title 19, but would not apply to Title 17.                                                                                   
                                                                                                                                
MR. BREEDEN asked for clarification on the question.                                                                            
                                                                                                                                
REPRESENTATIVE FEIGE  referred to page  2, beginning on  line 24,                                                               
and  asked  whether  the  state  has  the  authority  to  inspect                                                               
interstate commerce other than in Title 19.                                                                                     
                                                                                                                                
MR.  BREEDEN   answered  yes.     He   referred  to   the  Alaska                                                               
Administrative Code  (AAC) Title 17, which  adopts the interstate                                                               
requirements under 49 CFR 300-399, almost entirely.                                                                             
                                                                                                                                
1:25:03 PM                                                                                                                    
                                                                                                                                
AVES  THOMPSON, Executive  Director, Alaska  Trucking Association                                                               
(ATA),  Inc., stated  the ATA  is a  statewide organization  that                                                               
represents  the interests  of nearly  200  member companies  from                                                               
Barrow  to   Ketchikan.    He   related  that   freight  movement                                                               
represents a  large segment  of the  state's economy  and affects                                                               
everyone each and every day.   He said, "The simple truth is that                                                               
if  you got  it, a  truck  brought it."    He also  said that  as                                                               
vehicles  have gotten  larger  they now  fall  under the  current                                                               
definition of  intrastate commercial  motor vehicles,  which have                                                               
historically  not been  considered commercial  vehicles, such  as                                                               
pickup trucks,  small step vans,  and small trailers.   Version I                                                               
would change the definition of  intrastate commercial vehicles to                                                               
those  vehicles under  14,000 pounds  to  reduce the  regulation.                                                               
This bill is  aimed at small contractors, such  as small delivery                                                               
vehicles, vans,  small step vans,  and trailers.  He  related one                                                               
of the ATA's  legislative priorities is to  change the definition                                                               
of intrastate commercial vehicle  to reduce the regulatory burden                                                               
on  small  business.     He  elaborated  that   for  purposes  of                                                               
commercial  vehicle regulation  and  inspection  Version I  would                                                               
raise  the weight  threshold  on  intrastate commercial  vehicles                                                               
from  10,000  to 14,000  pounds  GVW  rating for  inspection  and                                                               
safety regulation purposes.                                                                                                     
                                                                                                                                
MR. THOMPSON said HB 271  would affect small contractors, such as                                                               
lawn   care    workers,   carpenters,   plumbing    and   heating                                                               
professionals, small  delivery vehicles,  and pilot cars  who use                                                               
those types of  vehicles.  Pickup trucks and  small step-vans are                                                               
getting larger  and heavier and  have been exceeding  the current                                                               
10,000  pounds GVW  rating and  by definition  are designated  as                                                               
commercial vehicles  for safety  and inspection purposes.   Pilot                                                               
cars are  vehicles that  accompany oversize load  to serve  as an                                                               
extension of the  warning system for oversize loads.   Their work                                                               
is  almost always  designated as  intrastate  commerce and  would                                                               
fall under the bill.  He  related that the "bump" over the 10,000                                                               
mark requires  drivers to obtain medical  certification, complete                                                               
daily  vehicle inspection  reports,  perform annual  inspections,                                                               
and  submit  several  other  items   to  DOT&PF  for  compliance.                                                               
Additionally, vehicles  over the 10,000 pound  threshold are also                                                               
subject to  federal regulations adopted into  the DOT&PF's Alaska                                                               
Administrative  Code.     This  bill  would   exclude  commercial                                                               
vehicles no more  than 14,000 pounds GVW  rating from unnecessary                                                               
regulation.  This bill would  not change the commercial status of                                                               
intrastate  vehicles for  the purposes  of registration  with the                                                               
Division  of Motor  Vehicles (DMV).   Further,  this bill  has no                                                               
fiscal impact  on the state.   He emphasized that  these vehicles                                                               
do not need  this level of scrutiny since  they typically operate                                                               
in a  limited geographical area and  are not subject to  the wear                                                               
and tear  that other larger  commercial vehicles experience.   He                                                               
urged members to act favorably on this bill.                                                                                    
                                                                                                                                
1:28:43 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON asked him  to elaborate on any  costs associated                                                               
with the DOT&PF's requirements.                                                                                                 
                                                                                                                                
MR.  THOMPSON acknowledged  that some  costs are  associated with                                                               
acquiring  forms,   but  not  for   registering  with   the  U.S.                                                               
Department  of  Transportation  (DOT)  to obtain  a  DOT  number.                                                               
Additionally, other  regulations require annual reporting  on the                                                               
number  of  vehicles,  drivers, and  insurance  updates.    These                                                               
inspections can be  time-consuming, taking anywhere from  5 to 15                                                               
minutes each  day to  inspect a vehicle,  prepare and  submit the                                                               
necessary  reports  to  the  dispatcher   or  management  of  the                                                               
company.   Those forms must  be held  and are subject  to audits.                                                               
Further, annual  medical certifications are also  required.  Each                                                               
of these requirements has associated  costs.  The ATA finds these                                                               
requirements unnecessary  regulation and  this bill  will lighten                                                               
the burden on small businesses and pilot car operators.                                                                         
                                                                                                                                
1:30:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  asked  when  a  commercial  vehicle  is                                                               
required to submit to weight scales.                                                                                            
                                                                                                                                
MR.   THOMPSON  answered   that  currently   commercial  vehicles                                                               
weighing 10,000  pounds must submit  to weigh scales.   He stated                                                               
that under this  bill a 14,000 pound  noncommercial vehicle would                                                               
not be required to stop at a weigh station.                                                                                     
                                                                                                                                
1:31:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT noted that having  a lower weight limit for                                                               
noncommercial  vehicles  will  affect  a  significant  number  of                                                               
people, including  independent delivery  drivers.   He emphasized                                                               
that it is  time consuming for these vehicles to  submit to weigh                                                               
stations.   He related a scenario  in which a small  delivery van                                                               
may be  subjected to a  5-45 minute delay in  order to stop  at a                                                               
weigh  station.     Additionally,   some  employees   of  smaller                                                               
companies may  only be employed  for six months, but  must submit                                                               
to the requirements  for commercial vehicle drivers.   He offered                                                               
his belief  that this  bill will help  small business  owners and                                                               
independent operators  who should not  be subjected to  the added                                                               
requirements.   He suggested improved technology  of the vehicles                                                               
and what they can withstand has also increased.                                                                                 
                                                                                                                                
1:32:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said this is  a good  bill and he  is a                                                               
cosponsor of the bill.                                                                                                          
                                                                                                                                
REPRESENTATIVE PETERSEN asked for DOT&PF's position on the bill.                                                                
                                                                                                                                
MR. BREEDEN  responded that the DOT&PF  is very much in  favor of                                                               
the bill as written.                                                                                                            
                                                                                                                                
1:33:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  referred  to  the  bill  title,  which                                                               
relates to the state highway  system.  He suggested the committee                                                               
may wish  to tighten  the title.   He  asked whether  the sponsor                                                               
would agree to an amendment.                                                                                                    
                                                                                                                                
MR.  POUND  answered  that  the sponsor  would  have  no  problem                                                               
tightening the title.                                                                                                           
                                                                                                                                
1:35:33 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON, after first  determining no one else  wished to                                                               
testify, closed public testimony on HB 271.                                                                                     
                                                                                                                                
1:35:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt a  Conceptual                                                               
Amendment 1, to narrow the title as narrowly as possible.                                                                       
                                                                                                                                
REPRESENTATIVE MUNOZ  suggested adding  language to  the existing                                                               
title,  "and the  weight threshold  limits  for commercial  motor                                                               
vehicles."                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG  related  that  the  specific  language                                                               
would suffice for  the second half of the title,  but he remained                                                               
concerned that  the first half  of the  title is broad  enough to                                                               
allow  activities  such as  naming  bridges,  which he  found  as                                                               
acceptable language.   He asked  the committee to allow  the bill                                                               
drafters to develop language to tighten the title.                                                                              
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
1:37:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  moved  to report  the  proposed  committee                                                               
substitute  (CS)   for  HB  271,  Version   27-LS1158\I,  Martin,                                                               
2/10/12,   as  amended,   out   of   committee  with   individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,   CSHB  271(TRA)  was  reported   from  the  House                                                               
Transportation Standing Committee.                                                                                              
                                                                                                                                
1:37:49 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:37 p.m. to 1:39 p.m.