Legislature(1997 - 1998)
02/02/1998 01:04 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 343 - DEFINITION OF COMMERCIAL MOTOR VEHICLE Number 0058 CHAIRMAN WILLIAMS announced the first order of business was HB 343 "An Act excluding certain motor vehicles from the definition of commercial motor vehicle." He asked Representative Gary Davis to present his bill. Number 0084 REPRESENTATIVE GARY DAVIS, Alaska State Legislature, sponsor, said that HB 343 was a subject that he was personally familiar with, as indicated in the support materials. He has been an equipment operator in the state for a number of years and has always recognized there's a difference between operating a piece of heavy equipment and driving, for example, a commercial truck. He shared his experience of being stopped by a policeman and asked for his commercial driver's license (CDL) while relocating a front-end loader from the shop to the job site which required going through town. He responded to the officer that he didn't believe he needed a commercial driver's license to operate a piece of heavy equipment. Number 0208 REPRESENTATIVE DAVIS said that upon review, he discovered the state, in order to be in compliance, had adopted the federal commercial driver's license law. He maintains it was simply an oversight that an exemption wasn't made for heavy equipment when the state adopted the federal law. He pointed out that heavy equipment is listed in the exemptions of the federal regulations, but not in the state statutes. He has been informed that public safety officials treat the law differently and have acknowledged there is some vagueness. Number 0244 REPRESENTATIVE DAVIS explained that House Bill 343 adds an additional exemption for motor vehicles for which a commercial driver's license is not required to operate. Specifically, it relates to moving equipment from the shop site to the job site. His view is that HB 343 simplifies and clarifies the statute. Number 0351 REPRESENTATIVE JOHN COWDERY said it was his understanding that no license, meaning automobile license or truck license, is required for rubber-tired backhoes or small vehicles to travel on roads. It's considered an unlicensed vehicle and the insurance is covered in the business. The insurance audit is based on licensed vehicle and unlicensed vehicle. For example, property damage done by a dump truck is covered as a licensed vehicle, but there is an overall construction policy which covers unlicensed vehicles. He is of the opinion that if this equipment is not required to have a license plate, the operators shouldn't be required to have a commercial driver's license. It is conceivable that an operator may not have a driver's license or even know how to drive a vehicle. He expressed his support for HB 343 as an effort to clarify the issue. Number 0493 REPRESENTATIVE DAVIS was of the opinion there were provisions elsewhere in statute that require a driver's license for any vehicle which is on a highway. Most construction company owners require a driver's license because hopefully, individuals who are hired can operate more than one piece of equipment. Also, there is the possibility that a piece of equipment will break down and the operator will need to drive some type of vehicle to get parts, et cetera. He presumed that all municipal crews are required to have a commercial driver's license and are utilized in more than one facet of the operation. He reiterated that HB 343 is intended to cover moving from the job site to the construction site. Number 0673 REPRESENTATIVE BILL HUDSON inquired about the 150-mile provision. REPRESENTATIVE DAVIS replied that was an inclusion carried over from the farm vehicles. For example, in farming communities, it is not uncommon to run a tractor from one farm to another, but the 150-mile provision restricts the time and distance they can be on the highway. REPRESENTATIVE HUDSON asked if HB 343 would conflict with any existing federal law. REPRESENTATIVE DAVIS explained this legislation basically mirrors the federal law and reiterated he thought it was just an oversight in the state statutes. Number 0763 REPRESENTATIVE HUDSON noted that in Commissioner Otte's September 5, 1996, letter to Representative Davis, the commissioner basically agrees that a commercial driver's license would not be required for a front loader less than 26,000 pounds or for an incidental move between jobs. While the commissioner doesn't see a need to change the statute, Representative Hudson agreed that it was a good idea to clarify it. Number 0800 REPRESENTATIVE DAVIS related that following his incident, he went back to the shop and informed other construction company owners that if this is the situation, then all the motor grader operators needed a CDL. The owners retorted that if indeed that was the situation, they would send the next individual hired who didn't have a CDL down to the Division of Motor Vehicles in a No. 16 Cat grader or a 988 loader to take the commercial driver's license test. He conceded that it may not be completely out of line, but it does seem somewhat ridiculous. Number 0855 REPRESENTATIVE KIM ELTON pointed out that our highways are somewhat different in Southeast Alaska, and asked if this exemption would apply to someone who has a piece of equipment in Angoon and wants to get it to Juneau? He noted the legislation states, "a land highway or vehicular way" and asked if highway included the Alaska Marine Highway? REPRESENTATIVE DAVIS said it was his intent that if a contractor in Angoon got a contract job in Juneau, the operator could run the loader onto the ferry, take it off the ferry in Juneau and run it through town to the job site without having a CDL. Number 0911 REPRESENTATIVE JERRY SANDERS asked if the mileage on the ferry would be included in the 150-mile provision? REPRESENTATIVE DAVIS said that's not spoken to, but he didn't think it would be. Number 0951 JUANITA HENSLEY, Chief, Division of Motor Vehicles, Department of Administration, said conceptually, the Division of Motor Vehicles does not have a problem with this legislation. A person who is operating any piece of equipment on a highway, vehicular way or area is required to have a driver's license to ensure highway and traffic safety. Number 0974 MS. HENSLEY referred to page 2, line 15, and said the term "construction vehicles" is very broad. The Department of Transportation and Public Facilities has also expressed concern with the broadness of that term. She explained that language does exist in regulation which identifies these vehicles. The division does not want lowboys or dump trucks included in "construction vehicle" even though they are considered to be a construction vehicle, because those individuals would be required to have a commercial driver's license. She suggested deleting "construction vehicles" and inserting "special mobile equipment as defined by regulation." She was of the opinion that that definition meets the criteria Representative Davis was trying to establish in HB 343. Number 1098 REPRESENTATIVE ELTON suggested that in conjunction with the amendment, the committee may want to change "vehicle" to "equipment" on page 2, lines 18-19. MS. HENSLEY said, "Actually they're a vehicle; they are moving (indisc.) vehicle. So, it's still a vehicle, it's just defined as special mobile equipment and then 'as defined by regulation' will fit all those." She noted the specific regulation was 13 AAC 40.010(52). REPRESENTATIVE HUDSON asked if the sponsor would be agreeable to the suggested amendment. REPRESENTATIVE DAVIS agreed with the amendment. Number 1188 REPRESENTATIVE HUDSON moved and asked unanimous consent to adopt "the department's recommended amendment" on page 2, line 15. There being no objection, the amendment was adopted. REPRESENTATIVE HUDSON made a motion and asked unanimous consent to move HB 343, as amended, from committee with individual recommendations and attached zero fiscal notes. There being no objection, CSHB 343(TRA) moved from the House Transportation Standing Committee.
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