Legislature(1997 - 1998)
02/10/1997 01:10 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 83 - COMMERCIAL VEHICLE INSPECTIONS Number 090 CHAIR MASEK announced the first order of business would be HB 83, "An Act relating to commercial motor vehicle inspections; and providing for an effective date." REPRESENTATIVE JERRY SANDERS made a motion to adopt CSHB 83, Version F. Number 137 REPRESENTATIVE KIM ELTON objected for the purpose of discussion as to what the differences are between the proposed committee substitute and HB 83. Number 146 CHAIR MASEK stated that Sergeant Brad Brown and Frank Dillon from the Alaska Truckers Association are on line to discuss the proposed committee substitute. She stated that she would like to adopt CSHB 83 in order to discuss the proposed committee substitute. Number 180 REPRESENTATIVE ELTON stated he would withdraw his objection. Number 194 CHAIR MASEK stated there being no objection, CSHB 83(TRA) was adopted by the House Transportation Standing Committee. Number 207 BRAD BROWN, Sergeant, Alaska State Troopers, testified via teleconference from San Diego. He stated CSHB 83 is to replace the current law which is not being applied. He stated that in the 1980s, part of the commercial vehicle enforcement activity was annulled and they came in with a self inspection program that was not adequately funded and not applied. Sergeant Brown stated that after an investigation, it was found that the Department of Transportation and the Department of Public Safety were not complying with the provisions of AS 28.32.010, as a result it was changed to be compatible with the current enforcement effort, the Motor Carriers Safety Regulations (MCSR). He stated that the current annual inspection program in effect, is an administrative code rather than a statutory code. Sergeant Brown stated that he is looking to move the requirement of annual inspections to a statutory nature. He stated he would like CSHB 83 to be consistent with the current penalty for a driver or vehicle that is placed out of service to be issued a class A misdemeanor, instead of a class B misdemeanor. Number 422 CHAIR MASEK asked Sergeant Brown to discuss the repeals in Title 28. Number 475 SERGEANT BROWN stated that he would like to have the Section 32 as it pertains to certified inspection stations removed from CSHB 83 because it would be impossible to monitor certified inspection stations in Alaska specifically in the rural areas. He further stated "What we are looking at is to have qualified inspectors and that is under AS 28.32.040, that says if they are certified and we already have it adopted again underneath the Alaska Administrative Code, that will lay out the criteria of what an inspector is so we don't have to go back to and try reinvent the wheel again we've already got the laws already on the books that says this is what involves being a certified inspector." Number 580 REPRESENTATIVE JOHN COWDERY asked if there are any plans regarding vehicle identification stickers to identity the vehicles that have been inspected. Number 598 SERGEANT BROWN stated that in accordance to the MCSR under Title 49 Section 396.17, proof is required of an annual inspection, which is shown by a sticker attached to the vehicle. He stated that an additional provision in the MCSR under Title 49 Section 396.17(c) basically states "if the vehicle has passed one of our inspections it can act as its annual inspection, so they would carry a copy of the inspection report in the vehicle and produced that upon demand and that would identify that they have in fact passed an annual inspection." Number 693 REPRESENTATIVE COWDERY asked if there was an outside visual that indicated what month the vehicle passed the inspection. Number 706 SERGEANT BROWN stated the Federal Highway Administration (FHWA) sticker provides the date when the inspection was performed. Number 738 REPRESENTATIVE COWDERY asked if the certified stations that perform the inspections would be licensed by the state. Number 745 SERGEANT BROWN stated that it is proposed that there wouldn't be any licensing by the state because it would be difficult to monitor the stations, the certified stations would comply with the provisions of the MCSR as far as being a certified inspection station and have qualified inspectors in the stations. Number 781 REPRESENTATIVE COWDERY asked if a company that has its own inspection station would be able to perform its own inspections. SERGEANT BROWN replied, "Yes they could." Number 788 REPRESENTATIVE ELTON asked if in CSHB 83, Section 2, AS 28.32.040 where it is repealed and reenacted to read "a person may not conduct commercial vehicle inspections unless qualified under law", is the law you just referenced to Representative Cowdery. Number 822 SERGEANT BROWN replied, "Yes." He stated, the commissioner can enact administrative codes and adopted 396.11 through 396.17 under Administrative Code 13 AAC05.020. Number 870 REPRESENTATIVE ELTON stated, "I wanted to make sure that by repealing the former sections and by saying qualified under law, this new section does give you the authority to maintain those administrative regs." SERGEANT BROWN responded, yes it does. Number 881 FRANK DILLON, Executive Director, Alaska Trucking Association, testified via teleconference from Anchorage, that CSHB 83 would put into statute the MCSR that have been applied to the trucking industry through the administrative code for the past several years. MCSR is a comprehensive set of regulations that cover everything from the types of equipment allowed, to the drug testing and alcohol testing programs as well as encompassing the equipment inspection criteria. He stated that under the federal regulation when adopted into statute, will result in a system where people will have to meet minimum qualifications for inspection purposes. He stated that, besides the annual inspection requirement there is the pre-trip inspection which requires the driver to inspect the equipment twice daily at the beginning and end of the shift to ensure the equipment is in good working order, if not the equipment must be fixed before it can be operated. The daily inspection sheets are carried with the equipment and is available on the road, upon request by an inspector. Number 1059 REPRESENTATIVE SANDERS made a motion to move CSHB 83, out of committee with unanimous consent, individual recommendations and zero fiscal note. Number 1077 CHAIR MASEK asked if there was an objection. Hearing none CSHB 83(TRA), Draft F, was moved out of the House Transportation Standing Committee. She wanted to note that the bill was greatly supported by both the administration and the Alaska Trucking Association.
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