Legislature(2001 - 2002)
03/26/2002 08:07 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 397 - SNOWMOBILE DRIVERS' LICENSING EXEMPTION Number 1314 CHAIR COGHILL announced that the next order of business would be HOUSE BILL NO. 397, "An Act exempting a person driving a snowmobile from driver licensing requirements." CHAIR COGHILL asked if there was any objection to the adoption of CSHB 397, Version 22-LS1448\O, Ford, 3/22/02, as the working document. There being no objection, Version O was before the committee. Number 1286 REPRESENTATIVE VIC KOHRING, Alaska State Legislature, testifying as the sponsor of HB 397, explained that HB 397 attempts to eliminate the need for a driver's license for snowmobiles that aren't operated on the road system in Alaska. He informed the committee that last year the Department of Transportation & Public Facilities (DOT&PF) did a study entitled, "Winter Transportation Study" that revealed those operating off-road vehicles were doing so illegally because of the requirement of a driver's license for those vehicles. Therefore, HB 397 was drafted. Representative Kohring specified that this isn't to say that individuals shouldn't have a driver's license when driving on the road. However, he said he believes that it isn't reasonable for an individual to have to study for a license that is actually geared toward driving a car on a highway when they are going to be operating a snowmobile on a trail or a boat on a lake or river. MIKE KRIEBER, Staff to Representative Vic Kohring, Alaska State Legislature, informed the committee that the bill passed out of the House Transportation Standing Committee accomplished what Representative Kohring wanted. However, the Division of Motor Vehicles (DMV) expressed concern that there was a loophole that would allow a youngster to drive a car down the side of a road. Therefore, Mr. Krieber said that he worked with the Department of Law and DMV in order to develop the language included in [Version O]. [Version O] still accomplishes the exemption of a driver's license requirement for any vehicle off the road. The bill would maintain the driver's license requirement for operation of a vehicle on the road and the vehicle would still be required to meet any equipment requirements. Therefore, this bill simply eliminates the driver's license requirement to operate a motor vehicle off of a road. Number 1033 REPRESENTATIVE HAYES asked if any consideration has been given to having drivers' certification for minors. He expressed concern with not having something in place to address minors [driving vehicles off the road]. MR. KRIEBER answered that it was discussed in the House Transportation Standing Committee, which heard testimony from the director, Division of Parks, Department of Natural Resources (DNR), and from some board members of SnowTRAC (Snowmobile Trails Advisory Committee). The SnowTRAC has formed a group to address safety issues, and they will be presenting a recommendation addressing rural-urban issues in regard to whether there should be a [statewide/regional] safety certification program or training program. Mr. Krieber noted that there are some training programs in place. REPRESENTATIVE STEVENS recalled a constituent complaint that a child in a village was given a ticket for underage driving when the mother was trying to teach the child how to drive. He inquired as to how this would impact an underage child living in a village with no roads. MR. KRIEBER answered that [HB 397] would exempt such a child from the driver's license requirement. Number 0810 CHUCK HOSACK, Deputy Director, Davison of Motor Vehicles, Department of Administration, testified via teleconference. Mr. Hosack announced that the [division] supports the bill. Furthermore, the [division] doesn't believe that it will impact highway safety. The bill merely addresses a problem in the law that was never intended to be enforced. Number 0577 JOHN JOHNSON, President, Fairbanks Snowtravelers, testifying via teleconference, informed the committee that he is also a member of the Alaska Snowmobile Association and the past chair of SnowTRAC. Mr. Johnson announced that the Fairbanks Snowtravelers are in full support of [HB 397]. If this regulation isn't passed, a great burden will be placed on law enforcement within the state. Furthermore, without this bill a family recreational activity faces the possibility of ruin. CHAIR COGHILL remarked that [HB 397] seems fairly straightforward. The discussion of further safety is still open in regard to off-road use. MR. JOHNSON informed the committee that he is currently addressing the issue of developing a statewide snowmobile safety-training program. Unfortunately, Alaska is well behind any snow state in the country in regard to safety training programs for snowmobiles, not to mention a trail system. He announced the intent to have a training program that would be acceptable to the state by next year. However, there is no intent to require this for licensing but rather to merely obtain a sticker to indicate that the individual has learned how to utilize a snowmobile safely and thus enjoy the sport of "snowmobiling." REPRESENTATIVE FATE asked whether there would be any waivers for individuals who sign an affidavit attesting to the fact that they have been operating [snowmobiles] for a number of years. He said he has known people who have been "racers" and have never had an accident; he asked whether such people would be expected to take the orientation course. MR. JOHNSON said that the initial plan simply focuses on the design of the program, although there has been some consideration given to granting "grandfathering rights." However, [the current thought] is to grandfather in folks who have already voluntarily taken some sort of training, rather than to grandfather in folks based on how many years they have been operating snowmobiles. The number of years someone has been driving any sort of vehicle is no guarantee that he/she is a safe driver. REPRESENTATIVE STEVENS noted that although the testimony is focusing on snowmobiles, HB 397 pertains to "off-highway" vehicles, which he assumes means any vehicle that's not on a highway. If so, does that mean a car or a truck could be considered an off-highway vehicle, he asked. If the intent is to speak to just snowmobiles, why not just say so in the legislation, he also asked. Number 0342 MR. KRIEBER said: "Actually, with the requirement for registration of a vehicle ... a car or a truck, that would not be defined as a off-highway vehicle." The current statute discusses motor vehicles requiring a driver's license, he explained, "and what we've done here is we've carved out the off-highway category, which includes boats, wheelchairs, four- wheelers, [and] airplanes." With regard to the inclusion of wheelchairs, he said Mary Mashburn, Director, Division of Motor Vehicles (DMV), cited a particular case in Anchorage, where somebody was given a ticket for operating a wheelchair on a road and the [case] "held up in court." REPRESENTATIVE FATE referred to aircraft that are registered under federal law, and whose owners have to, on occasion, make emergency landings on roadways or highways. Are they subject to fines under those conditions, he asked. MR. KRIEBER explained that HB 397 focuses on the requirement, or lack of requirement, for a driver's license. He said he is unaware of whether there would be any fines associated with landing [an airplane] on a road, although under current law, in order to fly an airplane a person is required to have a driver's license anyway. REPRESENTATIVE FATE indicated his belief that an airplane pilot is not required to have a driver's license, merely a pilot's certificate. MR. KRIEBER clarified that according to Ms. Marshburn's testimony last year on another piece of legislation addressing airplane safety equipment, in addition to any other requirements for operating an airplane, a driver's license is also required. REPRESENTATIVE COGHILL, after noting that there were not enough committee members present to report the bill out of committee, said he would close the public hearing and hold HB 397.
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