Legislature(2001 - 2002)
03/28/2002 08:04 AM House STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 397-SNOWMOBILE DRIVERS' LICENSING EXEMPTION CHAIR COGHILL announced the first order of business to be HOUSE BILL NO. 397, "An Act exempting a person driving a snowmobile from driver licensing requirements." [Before the committee was CSHB 397, Version 22-LS1448\O, Ford, 3/22/02.] Number 0155 MIKE KRIEBER, Staff to Representative Vic Kohring, Alaska State Legislature, presented HB 397 to the committee. He explained that existing law requires an operator to be 16 years of age and to possess a driver's license in order to operate a snowmobile, an all-terrain-vehicle (ATV), a boat, or an airplane. This applies to operators in the backcountry or any type of parkland, in addition to roads. He said, "We feel that that is not ... an appropriate application of the law." He expressed his opinion that a family should determine the appropriate age of the operator and the safety requirements. People should be able to recreate with off-road vehicles without the minimum age requirement and a driver's license, he opined. Many people in rural areas do not have vehicles or access to a [Division of Motor Vehicles] (DMV) field office in order to obtain a license. He said, "There appears to be an inconsistency in an application of a law requiring a driver's license for a vehicle where you don't have any of the common themes of the equipment you're operating compared to a car driving on roads." He stated that this bill was prepared by and passed out of the House Transportation Standing Committee (HTRA) with unanimous recommendations from its members. He pointed out that a driver's license would still be required on a roadway were HB 397 to become law. Number 350 MR. KRIEBER reported that [Representative Kohring's office] worked with the [Division] of Motor Vehicles and the Department of Law to draft the current language. He stated that DMV and Department of Law personnel recently testified in support of HB 397. The Department of Natural Resources (DNR) is working with the Snowmobile Trails Advisory Committee (SnowTRAC) to address safety issues. The SnowTRAC board has formed a group to address safety concerns around the state and to make a recommendation for statewide or regional programs to address safety, certification, and age issues. He noted that any recommendations would be made in collaboration with DNR by the fall. He indicated that Jim Stratton, Director, Central Office, Division of Parks and Outdoor Recreation, Department of Natural Resources, testified at the HTRA hearing about the [forthcoming recommendations]. Mr. Krieber referenced recent testimony in HTRA from a member of SnowTRAC regarding the goals or the SnowTRAC safety program. Number 0469 REPRESENTATIVE JAMES asked what other states do to address this issue. MR. KRIEBER replied that many states have safety programs. Some states require certification and set a minimum age for operators. REPRESENTATIVE JAMES inquired, "Have we ever had anyone in the state that has been seriously injured or killed ... in a snow machine accident that was under the age of 16?" MR. KRIEBER replied that HTRA had heard statistics that indicated that of the 30-some deaths, 3 deaths were of children under 16 years of age. He added that one of the goals of the legislation is to allow law-abiding citizens to recreate. He related a situation in which non-licensed Boy Scouts couldn't go on a snowmobile trip, although they had taken a safety-training course. This scout leader had to tell his non-licensed scouts that they could not go on the trip. Number 0546 REPRESENTATIVE JAMES asked how old the scouts were that had to be excluded from the trip. MR. KRIEBER replied that they were 14 or 15 years of age. REPRESENTATIVE JAMES asked if these scouts simply didn't understand the law. Number 0615 MR. KRIEBER answered that this law has been on the books for quite a few years. Various testimony heard last year from the director of DMV evidenced that Alaska requires a driver's license for an airplane. He referenced the Department of Transportation and Public Facilities (DOT&PF) winter transportation study conducted last year that identified this as an issue. A pamphlet was published by DOT&PF last fall concerning requirements for snowmobiles and trails; the Anchorage Daily News ran a headline story about the information in the pamphlet. This story resulted in inquiries and requests from around the state. REPRESENTATIVE JAMES queried how many of the deaths last year were the result of intoxication, and how many of these people had a revoked driver's license. MR. KRIEBER replied that he did not know. Number 0710 REPRESENTATIVE CRAWFORD related that when growing up in Louisiana, operators without a driver's license could operate a small motorcycle under 50 CCs; snowmobiles were not an issue in that state. He stated that he had been working in Houston last winter where he witnessed youth riding snowmobiles alongside the road at a speed faster than he was driving on the highway. He observed that today's snowmobiles can reach speeds of 80 miles per hour and greater. He asked, "Do we really think ... it's a good thing for, possibly, a ... 10 [or] 12-year-old to be out there on a high-powered snow machine or an ATV? Shouldn't there be some sort of requirements?" He referred to the 3 deaths of children last year; these represent 3 families that lost their children. He concluded, "I don't want to rush into anything that we haven't completely ... thought through." Number 0858 MR. KRIEBER countered, "What we're trying to achieve here is focusing on a law that would address this situation." He stated that leaving the current law on the books creates problems for families. This legislation addresses four-wheelers and other off-road vehicles. For example, families who have set-net permits use four-wheelers and outboard motors for their family fishing operation. The [law] states that people operating such vehicles without a license are in violation of the law. He agreed that these are high-powered machines, and he is appalled that parents allow 10- or 12-year-old children to drive such machines outside a family [activity]. Number 0930 CHAIR COGHILL interjected, "The instance that he was ... alluding to on the highway - it's illegal - whether it's a four- wheeler or a snow machine." He added that some egregious issues with watercraft exist; some personal watercraft can be troublesome when operated irresponsibly. This applies to four- wheelers, snow machines, and small motorbikes. He noted that in his district, some of the off-road vehicles create so much noise that the noise is more troublesome than anything else. Some operators go through peoples' yards and gardens. He said that a greater issue exists beyond that of the licensing matter. Number 0985 REPRESENTATIVE WILSON commented that when she lived in Tok, during cold spells snowmobiles were the only way some students could get to school quickly. She added that it is not unusual for children to operate watercraft in Southeast; parents teach their children at a young age to run a skiff. It is common in Alaska for people to use off-highway vehicles for everyday transportation. She recognized that this issue is a dilemma. Number 1076 REPRESENTATIVE COGHILL pointed out that this legislation does not pretend to fix all the problems associated with an operator's irresponsible behavior. It repeals something that is problematic for enforcement and those who want to follow the law, but it is a law that is disregarded by many. Number 1166 REPRESENTATIVE FATE moved to report CSHB 397 [Version 22- LS1448\O, Ford, 3/22/02] out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE JAMES objected and indicated her trepidation about this bill. However, she noted that she would probably vote to move it out. She agreed that it is a concern especially in rural areas. She said, "I can tell you that these young kids going down ... through my yard is very distressing at 'zumpteen' miles per hour, and I don't want to be responsible for changing the law to allow them to kill themselves." She predicted that these youth would probably do the same thing whether the law was changed or not. She noted that she would be comfortable if [the bill] provided a fix instead of an "unfix" for something that doesn't work. She observed that this is not a solution to a problem; it only removes something that doesn't work, but it's not replacing it with something that will work. She removed her objection. Number 1220 REPRESENTATIVE COGHILL asked Mr. Krieber whether discussion of further work had occurred to address some of these issues pertaining to irresponsible operation of off-road vehicles. Number 1234 MR. KRIEBER replied that work would be done with DNR and other groups; many of the forthcoming recommendations will apply to snowmobiles as well as four-wheelers. The boating safety program through DNR is already in place. He stated that some of these issues would be addressed by working with the constituency and the public to determine the best actions to take for various parts of the state. Urban and rural off-road vehicle uses are different. He said, "We do intend on following up on this next year in conjunction with the departments and groups." REPRESENTATIVE JAMES explained that her house has water on one side and a ditch on the other. She said, "My yard gets used a lot." REPRESENTATIVE COGHILL added that he lives on the same slough, and it becomes a "raceway" in the summer. He observed that many operators have acted irresponsibly, have wound up in the water, and have had to be rescued. He acknowledged that significant safety problems exist; this [bill] is not pretending to fix them all. There being no objection, CSHB 397(STA) was reported out of committee.
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