04/03/2018 03:15 PM House STATE AFFAIRS

         SB 163-DEFINITION OF COMMERCIAL MOTOR VEHICLES                                                                     
                                                                                                                                
4:52:41 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would be  CS FOR SENATE  BILL NO.  163(STA), "An Act  relating to                                                               
commercial motor vehicles."                                                                                                     
                                                                                                                                
4:52:51 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:53:02 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS asked if Mr. Byrd could present the bill.                                                                  
                                                                                                                                
4:53:45 PM                                                                                                                    
                                                                                                                                
DANIEL  BYRD, Chief,  Commercial  Vehicle Enforcement,  Anchorage                                                               
Office, Division  of Measurement  Standards &  Commercial Vehicle                                                               
Enforcement,  Department of  Transportation  & Public  Facilities                                                               
(DOT&PF) introduced himself and stated he would try to do so.                                                                   
                                                                                                                                
CHAIR KREISS-TOMKINS  expressed concern  about the  audio quality                                                               
for the testifier.                                                                                                              
                                                                                                                                
4:54:04 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:54:59 PM                                                                                                                    
                                                                                                                                
JOHN  BINDER, Deputy  Commissioner, Office  of the  Commissioner,                                                               
Department  of   Transportation  &  Public   Facilities  (DOT&PF)                                                               
introduced himself.   He stated that SB 163  would bring Alaska's                                                               
definition  of commercial  motor vehicles  into the  21st century                                                               
and in  alignment with the  Federal Highways  Reauthorization Act                                                               
of 2012, "Moving  Ahead for Progress in  the Twenty-First Century                                                               
Act," commonly referred to as MAP-21.                                                                                           
                                                                                                                                
4:55:26 PM                                                                                                                    
                                                                                                                                
MR.  BINDER stated  that the  proposed  changes in  SB 163  would                                                               
benefit  farmers   who  transport  agricultural   commodities  or                                                               
supplies  in   Alaska  because  existing  restrictions   on  farm                                                               
vehicles limit their movement to  within 150 miles of their farm.                                                               
This bill would allow farmers to  operate anywhere in Alaska.  He                                                               
stated that MAP-21 made the  federal regulations less restrictive                                                               
than  current Alaska  statutes.   This bill,  SB 163,  would also                                                               
propose that transportation of hazardous  materials be amended to                                                               
only apply  to (indis.)  regardless of the  size of  the vehicle.                                                               
Finally,  the  definition  of  school bus  would  be  updated  to                                                               
provide clarity for when school  buses are exempt from commercial                                                               
motor vehicle regulation requirements.                                                                                          
                                                                                                                                
4:56:18 PM                                                                                                                    
                                                                                                                                
MR.  BINDER  offered to  provide  additional  information on  the                                                               
specific sections.  Section 1  primarily would relate to the 150-                                                               
mile rule.  This would  allow farmers operating their vehicles in                                                               
support of their farm operations  to transport materials anywhere                                                               
in  the state  without being  limited to  the 150-mile  radius of                                                               
their farm.                                                                                                                     
                                                                                                                                
MR. BINDER  stated that Section  2 would primarily relate  to the                                                               
HAZMAT [hazardous  materials] portion.  Current  statute required                                                               
that  certain  placards  be  posted  regardless  of  the  amount;                                                               
however,  federal   regulation  relieved   that  up   to  certain                                                               
quantities,  so this  would align  with  federal regulations,  he                                                               
said.  For example, an aircraft  operator might wish to deliver a                                                               
drum to a village or a  remote residence.  Under current law, the                                                               
operator would  need to placard  that even though  reporting this                                                               
amount of substance would not normally be required.                                                                             
                                                                                                                                
4:57:25 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS passed the gavel to Vice Chair LeDoux.                                                                     
                                                                                                                                
4:57:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP  asked whether  110 gallons of  aviation gas                                                               
would exceed the federal placard amount.                                                                                        
                                                                                                                                
MR. BINDER said that was correct.                                                                                               
                                                                                                                                
REPRESENTATIVE KNOPP  asked whether commercial fishermen  who use                                                               
their pickup to carry three drums  of fuel, which would equate to                                                               
150 gallons, would  be affected by the bill  given the definition                                                               
of  commercial vehicle  in  SB  163, would  need  to comply  with                                                               
weights and measures.                                                                                                           
                                                                                                                                
MR.  BINDER responded  that this  bill would  relieve the  burden                                                               
because federal  regulations are less  than state statute  and it                                                               
would allow  drivers to transport those  quantities without being                                                               
stopped for commercial purposes.                                                                                                
                                                                                                                                
5:00:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP referred to [page  2, line 24] in Section 2,                                                               
"for  vehicles used  in interstate  commerce,"  and whether  that                                                               
would  affect  fishing  guides  hauling  their  boats  containing                                                               
drums,  such  that the  guides  would  be subject  to  commercial                                                               
vehicle inspections.   He asked whether this bill  would have any                                                               
unintended consequences for these fishing guides.                                                                               
                                                                                                                                
MR.  BYRD answered  that  this bill  does  not affect  compliance                                                               
requirements  for  intrastate  versus interstate  commerce.    He                                                               
explained that currently the  federal government has jurisdiction                                                               
over   HAZMAT  [hazardous   materials]  shipments   and  if   the                                                               
regulations require  placards then  the regulations  would apply.                                                               
This  bill would  not change  commercial  vehicle enforcement  or                                                               
HAZMAT enforcement.                                                                                                             
                                                                                                                                
5:01:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KNOPP referred  to the  definition of  school bus                                                               
under [proposed AS  19.10.399 (15)].  He asked  whether that fell                                                               
under the exemption  and further how this  provision would affect                                                               
school buses  that have been  converted to  recreational vehicles                                                               
and  whether  these  vehicles   would  be  considered  commercial                                                               
vehicles.                                                                                                                       
                                                                                                                                
MR. BYRD  answered that  school buses  or any  commercial vehicle                                                               
must fit the definition of  a commercial vehicle, including gross                                                               
vehicle  weight,  the  number  of  passengers,  and  whether  the                                                               
vehicle  would   be  transporting   hazardous  materials.     The                                                               
underlying requirement would be that  the vehicle must be used in                                                               
commerce,  so school  buses used  as recreational  vehicles would                                                               
not fall under the definition of commercial vehicle.                                                                            
                                                                                                                                
5:02:53 PM                                                                                                                    
                                                                                                                                
VICE CHAIR LEDOUX returned the gavel to Chair Kreiss-Tomkins.                                                                   
                                                                                                                                
5:03:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  referred to Section  1, on page 2,  lines 4-                                                               
which removed  a description of  the vehicle but  added "covered"                                                               
farm  vehicles.    He  asked for  further  clarification  on  the                                                               
meaning of  covered farm vehicles  and if  it meant covered  by a                                                               
tarp or covered by law.                                                                                                         
                                                                                                                                
MR.  BYRD  answered  that  it   meant  vehicles  covered  by  the                                                               
regulation.                                                                                                                     
                                                                                                                                
5:03:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  referred to  the  statutory  cite for  farm                                                               
vehicles that  were covered  by this provision.   He  read,  that                                                               
are  controlled  and operated  by  a  farmer; used  to  transport                                                               
agricultural  products, farm  machinery, or  farm supplies  to or                                                               
from  that farmer's  farm...    He wondered  if a  flat-bed truck                                                               
would  fall under  proposed Section  2 since  these vehicles  can                                                               
travel   anywhere  in   the  state.     He   asked  for   further                                                               
clarification on how  to identify the vehicle  as "farm vehicles"                                                               
from those that are not.                                                                                                        
                                                                                                                                
MR.  BYRD  answered  that  if   the  vehicle  does  not  have  an                                                               
interstate  commerce [ICC]  number registration  on the  vehicle,                                                               
which  typically  indicates  commerce.     He  acknowledged  that                                                               
sometimes the same  vehicles are used for farm  operations and at                                                               
times  for commercial  operations.   The intent  by removing  the                                                               
specificity was to allow farmers to  use a variety of vehicles or                                                               
implements to  conduct their farm  business without  being overly                                                               
restrictive with the type of vehicle.                                                                                           
                                                                                                                                
5:05:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  expressed   concern  about  vehicles  being                                                               
operated by "other  than the farmer."  He offered  to review what                                                               
would be included for "covered farm vehicles."                                                                                  
                                                                                                                                
5:05:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  asked   for  the   rationale  used   for                                                               
distinguishing  between commercial  vehicles and  other vehicles.                                                               
She was  unsure of the  reason to  exempt farm vehicles  from the                                                               
definition of commercial vehicles.                                                                                              
                                                                                                                                
MR. BINDER deferred to Mr. Byrd.                                                                                                
                                                                                                                                
MR. BYRD offered that the  rationale used to exempt "covered farm                                                               
vehicles"  would be  to provide  relief from  regulations through                                                               
MAP-21.   [The  exemption]  currently applies  to all  interstate                                                               
vehicles and  this bill  would add  the exemption  for intrastate                                                               
vehicle traffic.   He was unsure of the reason  for the exemption                                                               
for farmers  and farm vehicles,  noting he could  only speculate,                                                               
so  he deferred  to  the Department  of Law  or  someone else  to                                                               
respond.                                                                                                                        
                                                                                                                                
5:07:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  Mr.  Binder for  the rationale  for                                                               
distinguishing between a commercial  vehicle and a non-commercial                                                               
vehicle and  whether it  referred to a  vehicle size,  danger, or                                                               
other criteria.  She asked  for further clarification on why farm                                                               
vehicles would be  exempt, which could be used  to transport bomb                                                               
materials.                                                                                                                      
                                                                                                                                
5:08:37 PM                                                                                                                    
                                                                                                                                
MR.  BINDER answered  that commercial  vehicles  were larger  and                                                               
carried  cargo,  so it  would  require  that drivers  have  extra                                                               
training.    In  addition, commercial  vehicle  regulations  also                                                               
cover vehicle safety, to ensure  vehicles are safe, especially if                                                               
the  drivers are  transporting  passengers  or HAZMAT  [hazardous                                                               
materials].    He  was  unsure  of  the  reason  to  exempt  farm                                                               
vehicles.                                                                                                                       
                                                                                                                                
5:09:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX said  she would like to  hear the rationale                                                               
for exempting farm vehicles.                                                                                                    
                                                                                                                                
MR. BINDER  responded that farm  vehicles currently  are exempted                                                               
and have  been for years.   This  bill would remove  the 150-mile                                                               
radius  restriction, which  was  especially  important in  Alaska                                                               
since  farmers  often  need  to   transport  their  products  for                                                               
distances that exceed 150 miles.                                                                                                
                                                                                                                                
5:09:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  offered her  anecdotal response  would be                                                               
that farm  vehicles are used  on farms  and their primary  use is                                                               
for off-highway  purposes.  Farmers  may deliver goods  or travel                                                               
short distances on  a highway; however, these  vehicles are often                                                               
slow-moving and are not equipped with signals.                                                                                  
                                                                                                                                
5:10:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    LEDOUX   related    her   understanding    that                                                               
Representative Johnson's description  would contain farm vehicles                                                               
within 150 miles  of their farms, which seemed  appropriate.  She                                                               
expressed  concern that  farm  vehicles would  be  able to  drive                                                               
anywhere  on   the  road  system  without   being  designated  as                                                               
commercial vehicles.                                                                                                            
                                                                                                                                
5:11:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  agreed,  noting  that was  his  point  with                                                               
respect to removing language on page  2, lines 5-10.  He wondered                                                               
if it  would be better to  keep the language except  for the 150-                                                               
mile limit.   He expressed concern about  removing the conditions                                                               
that limit  it to a farmer  transporting goods from one  place to                                                               
another and  opening it up to  anyone.  He related  a scenario in                                                               
which a  person could  operate a produce  and dairy  business and                                                               
truck  produce without  having to  obtain  a commercial  driver's                                                               
license (CDL).   He referred to  page 3, lines 6-11,  which would                                                               
remove  that language  again.    He was  unsure  if coverage  was                                                               
somewhere in statute.                                                                                                           
                                                                                                                                
5:12:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KNOPP offered his  belief, since he has commercial                                                               
trucks and  while he does not  like the regulations, some  of the                                                               
trucks  haul  100,000  pounds  and should  be  held  to  stricter                                                               
standards.    Thus,  he  understood  the  reason  for  commercial                                                               
vehicle  regulations.   He offered  the rationale  for commercial                                                               
vehicles was  these vehicles  are being  used for  commerce every                                                               
day  whereas  farm  vehicles  and   transport  was  seasonal  and                                                               
occasional.   In  response to  Representative Tuck's  concern, he                                                               
mentioned that  Section 3  does start  to define  farm equipment,                                                               
reading  [AS   19.10.399  (14)  "covered  farm   vehicle"  means]                                                               
straight   or  articulated   vehicle..."      He  continued   and                                                               
paraphrased  subparagraph (B),  which indicated  that it  must be                                                               
operated by the owner or operator  of a farm or ranch or employee                                                               
of  a farm  or  ranch.   He  argued that  this  language did  not                                                               
include  commerce  and characterized  it  as  personal use.    He                                                               
recalled  that a  few years  ago  commercial vehicle  enforcement                                                               
started  having commercial  fishing  guides  pulling their  boats                                                               
with regular  pickups subject to  enforcement and  requiring them                                                               
to   hold  a   commercial  driver's   license  (CDL)   until  the                                                               
legislature passed an exemption.                                                                                                
                                                                                                                                
5:14:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  offered feedback from  farmers, including                                                               
that commercial vehicles cannot  obtain "farmer's license plates"                                                               
since these  plates are limited  to farmers.  She  indicated that                                                               
farm vehicles were already defined.                                                                                             
                                                                                                                                
MR. BINDER  acknowledged that he  could have directed  members to                                                               
Section 3.   He  directed attention to  school buses,  since some                                                               
buses have been  used for commercial operation  during the summer                                                               
months  when school  is not  in session  and the  buses were  not                                                               
being used for school operations.                                                                                               
                                                                                                                                
5:16:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK related  his understanding  that school  bus                                                               
drivers must  have a  CDL requirement  if they  were transporting                                                               
students.   He asked  whether bus drivers  who were  using school                                                               
buses for other types of commerce would be exempt under SB 163.                                                                 
                                                                                                                                
MR.  BYRD answered  that the  commercial  driver's license  (CDL)                                                               
program was  a federal program.   He  stated that if  bus drivers                                                               
were hauling 16 or more passengers, they would need CDLs.                                                                       
                                                                                                                                
5:17:20 PM                                                                                                                    
                                                                                                                                
MR.  BINDER added  that would  be  for commercial  purposes.   He                                                               
asked for further clarification.                                                                                                
                                                                                                                                
MR. BYRD answered  that school bus drivers were  required to hold                                                               
CDLs with a passenger endorsement.                                                                                              
                                                                                                                                
5:17:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK referred  to page  3, lines  1-2, and  read,                                                               
"the following vehicles  meeting the criteria in (A)  and (B) and                                                               
either 2  (C)(i) or (ii)  [(A) - (C)]  of this paragraph  are not                                                               
commercial  motor  vehicles:"   He  said  the  way he  read  this                                                               
language,  school  buses were  commercial  vehicles  so it  would                                                               
require school  bus drivers to hold  CDLs.  He asked  for further                                                               
clarification on what was being exempted.                                                                                       
                                                                                                                                
MR. BINDER  directed attention to page  2, line 25 to  current AS                                                               
19:10.399(1)(C)(ii), which  read, "is designed to  transport more                                                               
than 15  passengers," noting  that even though  a school  bus was                                                               
designed  to carry  more  than  15 passengers  it  was not  being                                                               
considered  a  commercial  vehicle  while it  is  being  used  to                                                               
transport students for school purposes.                                                                                         
                                                                                                                                
5:18:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK asked  for further  clarification if  school                                                               
buses   were  not   commercial  vehicles   the  reason   for  the                                                               
designation and if  federal law requires drivers to  hold CDLs to                                                               
drive school buses.                                                                                                             
                                                                                                                                
MR.  BINDER  responded  that additional  commercial  requirements                                                               
pertain to vehicles being used  in commerce would start to apply,                                                               
including  vehicle maintenance,  lighting and  marking, depending                                                               
on the  purpose being used  in commerce  that do not  apply while                                                               
hauling students.                                                                                                               
                                                                                                                                
5:19:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  expressed  concern  since  drivers  hauling                                                               
students to and  from school do not need to  keep tail lights and                                                               
markings operational  and up to  code.   It seemed to  him school                                                               
bus drivers  should have  to meet higher  standards not  a lesser                                                               
standard.                                                                                                                       
                                                                                                                                
5:20:00 PM                                                                                                                    
                                                                                                                                
MR. BYRD answered that the  commercial vehicle requirements would                                                               
be  the  markings,  medical  certificate, and  the  name  of  the                                                               
company on the side  of the bus.  He said  that the exemptions in                                                               
the bill would  exempt the drivers from  safety regulations under                                                               
federal  requirements.   He  did not  believe  that drivers  were                                                               
exempt  from CDL  requirements,  but they  would  be exempt  from                                                               
additional requirements that would  apply to commercial vehicles;                                                               
however, he  noted that  there was also  a school  bus inspection                                                               
program,  which  was  more stringent,  more  so  than  commercial                                                               
vehicle inspections.   Those  inspections were  conducted through                                                               
the Department  of Education  and Early  Development (DEED).   He                                                               
related his  understanding that DEED  requires school  buses must                                                               
be inspected twice a year to  check vehicle safety, such as brake                                                               
linings and  wiring.   He commented that  bus drivers  were still                                                               
required to  do a walk around  inspection to ensure that  the bus                                                               
is in safe operating condition each  time they leave to conduct a                                                               
route.                                                                                                                          
                                                                                                                                
REPRESENTATIVE TUCK acknowledged that was a policy call.                                                                        
                                                                                                                                
5:21:46 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS announced that SB 163 would be held over.