04/10/2014 01:30 PM Senate TRANSPORTATION

        HB 378-MOTOR VEHICLES: REGISTRATION, COMMERCIAL                                                                     
                                                                                                                                
1:35:18 PM                                                                                                                    
CHAIR  EGAN announced  HB 378  to be  up for  consideration [CSHB
(TRA), version 28-LS1541\P, was before the committee].                                                                       
                                                                                                                                
1:35:35 PM                                                                                                                    
BECKY ROONEY,  staff to Representative  Peggy Wilson,  sponsor of                                                               
HB  378,  Alaska  State Legislature,  Juneau,  Alaska,  said  the                                                               
administration  asked  for  this   bill  to  be  introduced.  She                                                               
explained that  it brings the Alaska  Commercial Drivers' License                                                               
(CDL) statutes  into compliance with  federal regulations  set in                                                               
the Federal Motor Carrier Safety  Manual. Being out of compliance                                                               
could result in the federal  government decertifying Alaska's CDL                                                               
program. This would jeopardize Alaska's  federal funding by up to                                                               
$34 million federal.                                                                                                            
                                                                                                                                
1:37:05 PM                                                                                                                    
In addition,  this would prevent  the Division of  Motor Vehicles                                                               
(DMV) from issuing, upgrading or  renewing any CDL or CDL permit.                                                               
The new requirement raises the  CDL age for instructional permits                                                               
from 17  to 18  for 180 days  with a renewal  option of  180 more                                                               
days. It was previously valid for two years, but nonrenewable.                                                                  
                                                                                                                                
MS. ROONEY said HB  378 will allow the DMV to  refuse or revoke a                                                               
registration for  a motor  carrier or  a commercial  vehicle that                                                               
does  not  meet federal  safety  standards.  Additionally, a  CDL                                                               
permit will  be disqualified in  the same manner  as a CDL  for a                                                               
driver  operating  a vehicle  while  noncompliant  with the  same                                                               
safety  regulations for  out of  service,  or if  that person  is                                                               
convicted of  manslaughter or negligent homicide  while driving a                                                               
motor vehicle.                                                                                                                  
                                                                                                                                
Texting while driving will also  be made a serious CDL violation.                                                               
Language was  changed to clarify  that registration  fees charged                                                               
for vehicles over 10,000 pounds  are charged at commercial rates.                                                               
The current fee schedules are  not being changed, just clarified.                                                               
She  said the  DMV has  coordinated  all these  changes with  the                                                               
Alaska Truckers Association.                                                                                                    
                                                                                                                                
1:38:40 PM                                                                                                                    
AMY  ERICKSON,  Director,  Division   of  Motor  Vehicles  (DMV),                                                               
Department  of  Administration  (DOA),  said Ms.  ROONEY  did  an                                                               
excellent overview and asked if there were questions.                                                                           
                                                                                                                                
SENATOR FRENCH asked about the texting provision.                                                                               
                                                                                                                                
MS.  ERICKSON noted  that it  is in  Section 12  of the  bill [AS                                                               
28.35.161].                                                                                                                     
                                                                                                                                
1:40:14 PM                                                                                                                    
SENATOR  DYSON asked  on  page  2, line  19,  where  it says  the                                                               
applicant  is   a  "commercial  motor  carrier   prohibited  from                                                               
operating" if that means he is not an individual.                                                                               
                                                                                                                                
MS.  ERICKSON said  she didn't  understand the  question, but  it                                                               
applies to the carrier, which is a company.                                                                                     
                                                                                                                                
SENATOR DYSON said that answers his question.                                                                                   
                                                                                                                                
SENATOR FRENCH asked for an example of where that would apply.                                                                  
                                                                                                                                
1:41:51 PM                                                                                                                    
DANIEL  SMITH,  Director,  Division of  Measurement  Standards  &                                                               
Commercial Vehicle Enforcement,  Department of Transportation and                                                               
Public  Facilities (DOTPF),  Anchorage,  Alaska, explained  there                                                               
are four  general instances  in which  the Federal  Motor Carrier                                                               
Safety  Administration  (FMCSA) will  order  a  motor carrier  to                                                               
cease  interstate operations.  When they  have an  unsatisfactory                                                               
safety rating  from the FMCSA,  or when after exhausting  all due                                                               
options the motor carrier fails  to pay federal fines levied from                                                               
the  FMCSA, or  when  a  motor carrier  is  determined  to be  an                                                               
imminent hazard, or after failing a new entrant audit.                                                                          
                                                                                                                                
SENATOR DYSON  referenced page 7,  line 23,  where it says  a 14-                                                               
year-old can get  an instruction permit renewed once,  but once a                                                               
license is issued to drive a  specific type of vehicle the driver                                                               
is not eligible to obtain  an instructional permit for that class                                                               
of vehicle  unless five years  has passed. He observed  that this                                                               
is not like a traditional learner's permit.                                                                                     
                                                                                                                                
MS. ERICKSON said in this case  it is a non-commercial permit and                                                               
the five-year waiting  period is the term of a  license. She said                                                               
the statute  doesn't allow DMV  to issue  a permit for  a license                                                               
someone  have already  held.  This  is in  the  bill because  DMV                                                               
encountered a  woman who had a  CDL and subsequently had  a brain                                                               
injury  and was  out  of  practice for  many  years. The  statute                                                               
didn't  allow DMV  to issue  her a  permit because  she'd already                                                               
held that class of license.   This way when five years has passed                                                               
she can get another learner's permit in that class.                                                                             
                                                                                                                                
1:45:04 PM                                                                                                                    
SENATOR DYSON referenced  page 1, line 9, and asked  how a person                                                               
gets placed out of service.                                                                                                     
                                                                                                                                
1:45:33 PM                                                                                                                    
MR. SMITH answered  that a driver could be placed  out of service                                                               
under  many different  circumstances:  by simply  stopping at  an                                                               
open weigh station and saying he  is unable to safely operate the                                                               
vehicle (because  of a medical  fitness issue). That  driver will                                                               
be  placed  out of  service  until  he  is  safe to  operate  the                                                               
vehicle.  A commercial  vehicle  operator can  be  placed out  of                                                               
service  for an  imminent hazard  such as  carrying an  unsecured                                                               
load.                                                                                                                           
                                                                                                                                
1:47:12 PM                                                                                                                    
SENATOR DYSON  moved to  report CS for  HB 378(TRA),  version \P,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal notes. There  were no objections and  CSHB 378(TRA) passed                                                               
from the Senate Transportation Standing Committee.