Legislature(2013 - 2014)BARNES 124

02/13/2014 01:00 PM House TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 260 COMMERCIAL MOTOR VEHICLE EXCEPTION TELECONFERENCED
Heard & Held
+= HB 271 APPROP: RAILROAD FEASIBILITY STUDY TELECONFERENCED
Heard & Held
           HB 260-COMMERCIAL MOTOR VEHICLE EXCEPTION                                                                        
                                                                                                                                
1:08:56 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON announced that  the first order of business would                                                               
be  HOUSE BILL  NO. 260,  "An Act  relating to  transportation of                                                               
commercial motor vehicles."                                                                                                     
                                                                                                                                
1:09:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  moved  to adopt  the  proposed  committee                                                               
substitute (CS)  for HB 260 labeled  28-LS1155\R, Martin, 2/12/14                                                               
as the  working document.   There being  no objection,  Version R                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:10:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON,  speaking as  one  of  the joint  prime                                                               
sponsors  of HB  260, stated  that  this bill  was introduced  to                                                               
solve  a specific  issue, which  is  to allow  dealers [or  their                                                               
employees] to  drive smaller intrastate commercial  vehicles from                                                               
Anchorage to point of sales elsewhere  in the state.  Issues were                                                               
raised  during the  initial  hearing on  HB  260, including  that                                                               
under  the bill  Alaska dealers  may have  an unfair  competitive                                                               
advantage for in-state  upfitters.  He said he "went  back to the                                                               
drawing  board" to  find an  easier  way to  address this  issue.                                                               
Additionally, questions  were raised  with respect to  the DOT&PF                                                               
inspection that  commercial drivers'  license do not  apply until                                                               
the vehicle  is 26,000 pounds in  weight.  He suggested  that the                                                               
proposed  committee  substitute   (CS)  resolves  the  inspection                                                               
issues  and   avoids  the  application  of   interstate  commerce                                                               
regulations.  The proposed CS  would exempt vehicles up to 19,500                                                               
pounds from  the commercial vehicle  requirements.   He described                                                               
the  applicable vehicles  as being  typical  pickup trucks,  with                                                               
modified beds, but not ones equipped with air brakes.                                                                           
                                                                                                                                
1:12:52 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON asked for  clarification that the specific weight                                                               
of vehicles up  to 19,500 was selected  since commercial vehicles                                                               
over 19,500 pounds typically are equipped with air brakes.                                                                      
                                                                                                                                
REPRESENTATIVE ISAACSON  agreed.   He understood that  using this                                                               
limit addressed  the issues dealers  were having as well  as some                                                               
other user groups, such as agricultural.                                                                                        
                                                                                                                                
1:14:27 PM                                                                                                                    
                                                                                                                                
ANMEI  GOLDSMITH,  Assistant   Attorney  General,  Transportation                                                               
Section,  Department of  Law (DOL),  stated  that interstate  and                                                               
intrastate is  defined in the  federal regulations.   She related                                                               
the definition  of interstate  commerce as  being defined  as the                                                               
"trade, traffic,  or transportation between  a state and  a place                                                               
outside  the  state,  or  between two  places  in  state  through                                                               
another state or place outside  the United States, or between two                                                               
places in  a state as  part of trade, traffic,  or transportation                                                               
originating  or  terminating  outside  the  state."    Thus,  the                                                               
definition  of interstate  commerce is  fairly clear.   The  U.S.                                                               
regulations  define  intrastate  commerce as  being  "any  trade,                                                               
traffic  or transportation  in a  state that  is not  included in                                                               
interstate commerce."   She stated  that the  federal regulations                                                               
leave  the  distinction  between the  interstate  and  intrastate                                                               
commerce a little  bit "fuzzy."  She did not  believe [Version R]                                                               
poses  any  legal  issue  since   the  federal  regulations  very                                                               
specifically  allow states  to  deregulate intrastate  commercial                                                               
motor  vehicles up  to 26,000  pounds.   Thus,  the 19,500  limit                                                               
falls within the federal regulations allowances.                                                                                
                                                                                                                                
CHAIR P.  WILSON recalled this  was an issue  that Representative                                                               
Johnson was concerned  about so she was glad that  was taken care                                                               
of [in Version R].                                                                                                              
                                                                                                                                
1:16:19 PM                                                                                                                    
                                                                                                                                
DAN SMITH,  Director, Anchorage  Office, Division  of Measurement                                                               
Standards  &   Commercial  Vehicle  Enforcement,   Department  of                                                               
Transportation & Public Facilities (DOT&PF), introduced himself.                                                                
                                                                                                                                
1:16:41 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON  asked whether he could comment on  Version R, in                                                               
terms of the 19,500 pound limit.                                                                                                
                                                                                                                                
MR.  SMITH answered  that  the DOT&PF  uses  the Federal  Highway                                                               
Administration's (FHWA) vehicle  classification when it considers                                                               
classification of vehicles.  Last  year the legislature passed HB
15  which exempted  vehicles up  to 14,000  - typically  pickups,                                                               
vans, and  trailers consisting  of one  or two  axles.   The next                                                               
FHWA class, class  4, includes buses.  By changing  the weight to                                                               
[19,500] HB 260 will affect  class 5 vehicles, which are two-axle                                                               
single units  that are generally  used in commerce  and typically                                                               
encounter a much  harder use.  He explained  that the enforcement                                                               
challenge to  identify the larger  class 5 vehicles as  ones used                                                               
in intrastate commerce.   While it is easy to  clearly identify a                                                               
pickup  truck  as  being  outside   the  DOT&PF's  authority  for                                                               
commercial  vehicle  enforcement  regulations, it  is  much  more                                                               
difficult  for enforcement  officers to  identify box  trucks and                                                               
flatbed trucks  used in  intrastate commerce  from those  used in                                                               
interstate commerce,  which are  subject to  vehicle enforcement.                                                               
The changes made  last year with passage of HB  15 did not affect                                                               
the vehicle enforcement officer's  ability to easily identify the                                                               
exclusion; however,  it is more  difficult to identify  the class                                                               
of vehicle affected  by HB 260 - the  two-axle single-unit trucks                                                               
- as being limited solely to intrastate commerce regulations.                                                                   
                                                                                                                                
1:18:42 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  asked whether  he could  comment on  Version R.                                                               
She  wondered  if  the  DOT&PF's   preference  is  to  leave  the                                                               
commercial weight at 14,000.                                                                                                    
                                                                                                                                
MR.  SMITH answered  that the  definition  in statute  is at  the                                                               
legislature's discretion,  but the weight limit  increase will be                                                               
considerably  more   difficult  for  commercial   enforcement  to                                                               
monitor.   For example, the DOT&PF  currently receives complaints                                                               
when a  vehicle is stopped  for intrastate commerce,  and they're                                                               
not  over  the  threshold,  even  though it  is  much  easier  to                                                               
identify those  vehicles.   He suggested it  would be  helpful to                                                               
clearly  identify  the  vehicles by  markings  requirements  that                                                               
indicate whether the vehicles are subject to inspections.                                                                       
                                                                                                                                
1:19:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ISAACSON   related    his   understanding   from                                                               
discussions with the DOT&PF that  the department viewed Version R                                                               
more favorably as a simplified  inspection process.  He explained                                                               
that the  goal of  HB 260  is to help  deliver vehicles  with the                                                               
pickup chassis  from the point  of origin  to the purchaser.   He                                                               
asked  whether  it  would  be   clearer  to  identify  interstate                                                               
commercial  vehicles  based on  the  gross  vehicle weight  (GVW)                                                               
decal  that identifies  ownership -  and provides  other details,                                                               
noting [class 5 trucks used  for intrastate commerce] will not be                                                               
required to have the decals.                                                                                                    
                                                                                                                                
MR. SMITH  agreed that  is correct.   Certainly the  division can                                                               
use  the U.S.  Department  of Transportation  (US  DOT) number  -                                                               
markings that establish the operating  authority -to identify the                                                               
vehicles.     He  said  his   earlier  favorable   comments  were                                                               
specifically  made   with  respect   to  the   earlier  committee                                                               
substitute, Version O.                                                                                                          
                                                                                                                                
1:21:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON related his  understanding that Version R                                                               
was considered a  much more universal way to  address the problem                                                               
and the  language would make  it easier for  vehicle enforcement.                                                               
Again, the proposed  language change is designed  to help dealers                                                               
and fabricators [such as those  upfitting vehicles].  He recalled                                                               
that one  committee member had expressed  concern about potential                                                               
lawsuits  if   preferential  treatment   was  given   to  Alaskan                                                               
fabricators over  Lower 48  fabricators.   He commented  that the                                                               
chassis  has been  used for  other applications,  not necessarily                                                               
commercial  applications.    He  pointed  out  16-plus  passenger                                                               
vehicles   would  still   considered  under   commercial  vehicle                                                               
activities.     Again,  he  reiterated  his   understanding  from                                                               
conversations  with the  Department of  Law and  the DOT&PF  that                                                               
Version R  was a more  simplified method to exempt  [the modified                                                               
chassis vehicles]  from the necessity  to stop at  weigh stations                                                               
for  inspections.   Further, the  exemption would  also help  the                                                               
DOT&PF  in the  Northern  Region since  their vehicle  inspection                                                               
staff is limited.                                                                                                               
                                                                                                                                
1:23:09 PM                                                                                                                    
                                                                                                                                
MR. SMITH responded that the  department is still considering the                                                               
pros and cons  of Version R.  He acknowledged  that certainly the                                                               
staffing issues are challenging  in the DOT&PF's Northern Region.                                                               
He  said that  the division  can  focus on  the commercial  motor                                                               
vehicles (CMV)  that require a commercial  driver's license (CDL)                                                               
over  26,001  pounds.    However, he  strongly  believes  in  the                                                               
federal motor  carrier safety regulations and  as vehicles "creep                                                               
up" to  the higher  weights these  vehicles should  probably have                                                               
additional  scrutiny.    For example,  he  recalled  [Version  O]                                                               
required  fire  extinguishers   for  the  aforementioned  trucks,                                                               
although  they were  not required  to be  mounted.   In terms  of                                                               
vehicle  enforcement,  when  a 19,500  vehicle  collides  with  a                                                               
smaller  5,000  pound vehicle,  the  "big  vehicle always  wins."                                                               
Therefore, not  securing a fire  extinguisher becomes more  of an                                                               
issue  since  the  fire  extinguisher would  be  "coming  from  a                                                               
larger,  much heavier  vehicle."   His  perspective  has been  to                                                               
frame this  issue in terms  of safety; however, he  also believes                                                               
in  the effectiveness  of the  motor carrier  safety regulations.                                                               
He  hoped to  find  a  solution that  makes  sense without  being                                                               
overly burdensome on industry.                                                                                                  
                                                                                                                                
REPRESENTATIVE  ISAACSON understood  the department  is still  on                                                               
track with the bill.                                                                                                            
                                                                                                                                
1:25:23 PM                                                                                                                    
                                                                                                                                
AVES THOMPSON,  Executive Director, Alaska  Trucking Association,                                                               
Inc.  (ATA) stated  that  the ATA  is  a statewide  organization,                                                               
representing the interests  of more than 200  members from Barrow                                                               
to Ketchikan.   Freight movement represents a large  chunk of the                                                               
state's economy  and impacts all  of us each  and every day.   He                                                               
said, "The  simple truth is that  if you got it,  a truck brought                                                               
it."  He stated that last year,  the ATA testified in favor of HB
15,  which   increased  the   weight  threshold   for  intrastate                                                               
commercial vehicles for purpose  of commercial vehicle regulation                                                               
and  inspections  from  10,000  to  14,000  pounds.    The  ATA's                                                               
reasoning at the  time was that these smaller  vehicles of 14,000                                                               
pounds or  less fell into  the definition of  commercial vehicles                                                               
greater than 10,000 pounds that  historically were not considered                                                               
commercial vehicles, such as pickup  trucks, small step vans, and                                                               
small  trailers.   However, [Version  R) proposes  to change  the                                                               
definition  of what  have  traditionally  been considered  medium                                                               
duty commercial vehicles to  medium duty non-commercial vehicles.                                                               
He  explained  that  these  vehicles are  the  local  pickup  and                                                               
delivery trucks,  some household  goods moving  company vehicles,                                                               
some larger equipment trucks, mechanic  trucks, boom trucks, some                                                               
tow truck,  and other vehicles  larger than the class  3 vehicles                                                               
that were addressed in HB 15 last legislative session.                                                                          
                                                                                                                                
1:27:21 PM                                                                                                                    
                                                                                                                                
MR. THOMPSON  reminded members that  he testified last  year that                                                               
class 3  vehicles do not require  the level of scrutiny  that the                                                               
larger class  4 and 5 vehicles  require.  He stated  that class 4                                                               
and 5 trucks between 14,001 and  19,500 require a higher level of                                                               
maintenance  and inspection  due to  their heavier  use.   And as                                                               
mentioned  last year,  safety is  the ATA's  very first  concern.                                                               
The streets and highways of Alaska  are where ATA's drivers go to                                                               
work  each day  and  the organization  wants to  do  its best  to                                                               
provide  a safe  workplace for  their employees  and contractors.                                                               
While he  agreed an argument could  be made that there  isn't any                                                               
statistical  basis for  drawing  the  conclusion that  intrastate                                                               
operators  are less  safe than  interstate  carriers, the  DOT&PF                                                               
simply doesn't  have that  data to  draw conclusions  about these                                                               
carriers.                                                                                                                       
                                                                                                                                
1:28:23 PM                                                                                                                    
                                                                                                                                
MR.  THOMPSON  related  that  he  has been  provided  a  list  of                                                               
interstate and  intrastate carriers that  operate in Alaska.   He                                                               
provided  statistics, such  that  874  interstate motor  carriers                                                               
operate  in Alaska,  124  operated  10 or  more  trucks, and  372                                                               
operate only one truck.  Of  the more than 4,570 intrastate motor                                                               
carriers, 285 have 10 trucks or  more, and 2,176 operate only one                                                               
truck.   He cautioned that  these statistics are about  two years                                                               
old  and  the figures  do  not  consider vehicles  eliminated  by                                                               
passage of HB  15.  It seems fair that  interstate and intrastate                                                               
vehicles  of similar  size and  use should  be held  to the  same                                                               
standard to  the greatest  extent possible.   It also  seems that                                                               
this  bill is  trying  to fix  a problem  that  does not  require                                                               
deregulation of  safety requirements for  a large portion  of the                                                               
truck  population in  Alaska.   He urged  members to  oppose this                                                               
bill.   In response to  a question, he repeated  these interstate                                                               
and intrastate motor vehicles operate in Alaska.                                                                                
                                                                                                                                
1:29:41 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON asked whether  any of the vehicles are government                                                               
vehicles operated by the state.                                                                                                 
                                                                                                                                
MR. THOMPSON answered  that the figures refer  only to commercial                                                               
vehicles that have  been issued U.S. DOT numbers.   He added that                                                               
these vehicles  are privately-owned  vehicles and  not government                                                               
vehicles.                                                                                                                       
                                                                                                                                
1:31:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS asked  whether it would be  possible to get                                                               
a brief summary of the bill.   She related her understanding that                                                               
vehicles  are   transported  from  the  Lower   48,  upfitted  in                                                               
Anchorage,  and  delivered  to  their  final  destination.    She                                                               
apologized but  admitted she has  forgotten the advantages  of HB
260.                                                                                                                            
                                                                                                                                
CHAIR P. WILSON asked for clarification on Version R.                                                                           
                                                                                                                                
REPRESENTATIVE  ISAACSON responded  that  Version  R would  allow                                                               
intrastate movement of  vehicles up to 19,500  pounds without the                                                               
vehicles  being classified  as commercial  vehicles.   This means                                                               
these vehicles  will not be  subject to a DOT&PF  inspection that                                                               
requires  identification  of  the  end user,  the  gross  vehicle                                                               
weight - which may change  with application and ownership.  These                                                               
vehicles and  drivers would also  not be required to  have safety                                                               
equipment permanently mounted, maintain  log books, or be subject                                                               
to medical  certifications.  Under  the bill, dealers  could move                                                               
vehicles from  the Port  of Anchorage to  other points  in Alaska                                                               
without  running the  risk of  giving  preferential treatment  to                                                               
Alaska  fabricators upfitting  the vehicles  over those  upfitted                                                               
outside Alaska.                                                                                                                 
                                                                                                                                
1:33:38 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  asked whether  he was  aware of  any unintended                                                               
consequences to the bill.                                                                                                       
                                                                                                                                
REPRESENTATIVE  ISAACSON acknowledged  that the  original version                                                               
of  HB  260  was  written  to  solve  the  issue.    It  was  his                                                               
understanding that an unintended  consequence arose, with respect                                                               
to  the potential  problems with  upfitters in  Alaska and  those                                                               
outside Alaska  being treated differently.   Thus, he  changed HB
260 [Version R]  to reflect a more global  application.  However,                                                               
the points  Mr. Thompson  and Mr. Smith  have raised  may present                                                               
problems.  He  was he was inclined to think  Version R's benefits                                                               
outweigh the  drawbacks since these  vehicles are  primarily used                                                               
by handymen  or for agriculture.   He said, "This is  the type of                                                               
user we're trying  to protect.  There's nobody who's  going to go                                                               
up against  one of the  big moving  companies with a  '550' frame                                                               
and successfully  compete against  them.  So  I don't  think this                                                               
would be  the business model  that's going to conflict,  in large                                                               
part  with the  safety issues  mentioned by  the Alaska  Trucking                                                               
Association."   He offered  his belief  the vehicles  in question                                                               
are ones used on  the road by people who know  how to drive them.                                                               
He said  other states allow  intrastate application and  in fact,                                                               
many allow vehicles up to 26,000  pounds although he chose not to                                                               
raise the limit beyond 19,500  pounds.  Again, he reiterated that                                                               
he is  working to address  the issues  raised since HB  15 passed                                                               
when some folks  didn't realize the increase in  weight limit was                                                               
happening  or they  would have  "jumped on  the band  wagon" last                                                               
year.                                                                                                                           
                                                                                                                                
1:36:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE  related  his  understanding  the  original                                                               
purpose of  HB 260 was to  enable dealers to ferry  vehicles from                                                               
Anchorage to Fairbanks  and points beyond.  He  asked whether the                                                               
vehicles  being  "ferried"  would  also be  taking  on  cargo  or                                                               
transporting passengers.                                                                                                        
                                                                                                                                
REPRESENTATIVE  ISAACSON  answered  no;   that  the  vehicles  in                                                               
question   would  not   be  carrying   commercial  equipment   or                                                               
passengers, other than perhaps immediate family or employees.                                                                   
                                                                                                                                
1:36:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  referred to  page 1, line  7 of  Version R,                                                               
which read,  "(A) used  to transport  passengers or  property for                                                               
commercial purposes."   He said it appears the  very operation he                                                               
is trying  to help  is already  excluded under  existing statute.                                                               
Thus,  the  only  effect  of  Version R  would  be  to  eliminate                                                               
inspections on vehicles being  used for commercially transporting                                                               
passengers or cargo up to vehicle weights of 19,500 pounds.                                                                     
                                                                                                                                
REPRESENTATIVE ISAACSON  agreed; however, the  DOT&PF regulations                                                               
require  that the  department must  review and  ensure regulatory                                                               
compliance  and HB  260  will simplify  these  requirements.   He                                                               
recalled  that  DOT&PF  might  not  be able  to  easily  see  the                                                               
required markings  on commercial vehicles listing  the owner, the                                                               
gross vehicle weight, and U.S. DOT  number painted on the side of                                                               
the vehicle.                                                                                                                    
                                                                                                                                
1:38:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE  related  his understanding  that  vehicles                                                               
used specifically for  intrastate commerce up to  19,500 would be                                                               
affected by  Version R.  He  asked whether the bill  would reduce                                                               
the safety of vehicles below  19,500 used for intrastate commerce                                                               
or if other regulations will supercede [Section 1 of Version R.]                                                                
                                                                                                                                
REPRESENTATIVE  ISAACSON  answered that  unintended  consequences                                                               
may affect certain safety equipment that will not be required.                                                                  
                                                                                                                                
1:39:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FEIGE  understood   [Version   R]  will   remove                                                               
requirements  for vehicles  under 19,501  pounds, which  includes                                                               
safety  equipment.   He  asked  whether  ferrying vehicles  falls                                                               
outside this requirement, too.                                                                                                  
                                                                                                                                
REPRESENTATIVE  ISAACSON  understood   the  question  is  whether                                                               
certain safety  equipment will  not be  required on  the vehicles                                                               
being ferried unless they are considered commercial vehicles.                                                                   
                                                                                                                                
REPRESENTATIVE FEIGE  stated that  existing law is  being amended                                                               
to  remove requirements  for vehicles  between  14,000 pounds  to                                                               
19,500 pounds.                                                                                                                  
                                                                                                                                
REPRESENTATIVE ISAACSON agreed.                                                                                                 
                                                                                                                                
REPRESENTATIVE   FEIGE   further  understood   the   requirements                                                               
included certain  safety equipment,  not just for  vehicles being                                                               
ferried,  since ferrying  operations  already  fall outside  this                                                               
[sub-subparagraph].                                                                                                             
                                                                                                                                
REPRESENTATIVE ISAACSON  acknowledged that  this might be  one of                                                               
those unintended consequences.   He said it if it  is the will of                                                               
the body  not to pass Version  R and revert back  to the original                                                               
version of  HB 260, "then we  could go that route."   However, he                                                               
asked whether  it is better  to have  a benefit that  will affect                                                               
the  most  people and  still  allow  for  the greatest  level  of                                                               
safety.    He  offered  his belief  that  from  discussions  with                                                               
various parties and the Department  of Law that [Version R] would                                                               
still allow quantifiable public safety.   It is when vehicles are                                                               
over 19,500 pounds  that the vehicles have equipment  such as air                                                               
brakes   plus   more   maintenance  is   necessary.      Further,                                                               
recreational drivers would not be  able to operate such vehicles.                                                               
He indicated  that the majority of  users driving a "Ford  550 or                                                               
equivalent" would not have that  many safety issues, depending on                                                               
modifications  to the  vehicle bed.    He related  that the  bill                                                               
started  out  trying   to  fix  a  particular   problem,  but  he                                                               
discovered other problems arose and  [Version R] seemed to be the                                                               
most global fix to help regulatory issues.                                                                                      
                                                                                                                                
1:42:06 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON recalled testimony  that it may be  difficult to                                                               
track  commercial vehicles.   She  asked  whether [provisions  in                                                               
Version R]  will jeopardize  highway safety  since the  bill will                                                               
increase the gross vehicle weight to 19,500 pounds.                                                                             
                                                                                                                                
MR.  SMITH  said   he  would  look  to   the  commercial  vehicle                                                               
enforcement operations  which hinge on  infrastructure protection                                                               
and safety.   He said  that as the definition  changes commercial                                                               
motor  vehicles  [from  10,000   pounds  to  19,500  pounds]  the                                                               
department  needs  to   consider  whether  it  is   the  will  of                                                               
legislature to  define intrastate  commerce vehicles as  being up                                                               
to 19,500  pounds.  If  so, this  means much larger  vehicles are                                                               
not required to stop at a local  weigh station or have any of the                                                               
safety requirements.   Certainly, every one of  the motor carrier                                                               
safety  regulations was  written because  "bad things"  happened.                                                               
He  said  the  DOT&PF  must   examine  a  significant  number  of                                                               
unintended  consequences  that might  occur  if  this segment  of                                                               
motor vehicles is unregulated.   For instance, load securement is                                                               
specifically  addressed  by  [U.S.  regulation].    For  example,                                                               
commercial  vehicles are  required to  have a  certain number  of                                                               
straps to  secure loads  depending on the  load size  and weight.                                                               
Once this [14001-19,500 weight vehicle  class] is unregulated, it                                                               
will be  up to the vehicle  operator to decide how  to secure the                                                               
load.  The person may or  may not have the knowledge or expertise                                                               
to determine  appropriate safety  equipment and  load securement.                                                               
He  offered  his  belief  that there  would  be  many  unintended                                                               
consequences  if larger  vehicles were  unregulated, particularly                                                               
since the  same vehicles being  used for interstate  commerce are                                                               
required to  comply with safety  equipment provisions  and adhere                                                               
to load securement regulations.                                                                                                 
                                                                                                                                
1:44:49 PM                                                                                                                    
                                                                                                                                
BARBARA  HUFF TUCKNESS,  Director,  Governmental and  Legislative                                                               
Affairs, Teamsters  Local 959, stated  when HB 260  was initially                                                               
introduced it impacted a small  segment of vehicles; however, the                                                               
proposed Version R raises substantial  concern since thousands of                                                               
unregulated trucks will  be on Alaska's roadways.   She said that                                                               
the safety  of the  motoring public  is huge,  particularly since                                                               
Alaska's  roads  have icy  conditions.    She reported  that  the                                                               
trucks in  question are  class 5  trucks, which  are "good-sized"                                                               
pieces of equipment  that potentially would be  unregulated.  She                                                               
stated  that Teamsters  Local 959  would  go on  record as  being                                                               
opposed to Version R.                                                                                                           
                                                                                                                                
1:46:38 PM                                                                                                                    
                                                                                                                                
CHAIR  P.  WILSON  asked  whether  the  changes  incorporated  in                                                               
Version R would be less expensive for businesses to implement.                                                                  
                                                                                                                                
MS. HUFF TUCKNESS answered that  her answer may not be applicable                                                               
to  all companies,  but part  of the  cost of  doing business  is                                                               
making sure that  the drivers have safe equipment.   In instances                                                               
in which vehicles are not  regulated, businesses may believe they                                                               
don't need  to follow the  same rules  and legally that  would be                                                               
true.   However,  from a  cost perspective  companies could  save                                                               
money   by  not   following  the   important  safety   rules  and                                                               
regulations.                                                                                                                    
                                                                                                                                
1:48:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON asked whether  original version of HB 260                                                               
is fine due to the specific application.                                                                                        
                                                                                                                                
MS. HUFF TUCKNESS agreed.                                                                                                       
                                                                                                                                
REPRESENTATIVE ISAACSON  asked whether there  would be a  risk of                                                               
lawsuits if  a fabricator  in Anchorage  had an  unfair advantage                                                               
over a fabricator in Seattle.                                                                                                   
                                                                                                                                
MS. HUFF  TUCKNESS answered  that she wasn't  able to  answer the                                                               
question.   She  recalled  Representative  Feige's comments  with                                                               
respect  to commerce.    She  understood that  under  HB 260  the                                                               
process of  moving vehicles did not  involve commercial commerce,                                                               
so the activity  would be exempt; however,  she acknowledged that                                                               
she is not an attorney.                                                                                                         
                                                                                                                                
CHAIR  P.  WILSON  remarked  that   some  questions  need  to  be                                                               
considered and more  closely examined.  She asked  to the sponsor                                                               
to  work with  the DOT&PF  and  the enforcement  to [address  the                                                               
issues raised  today.]   She clarified that  Version R  is before                                                               
the committee.                                                                                                                  
                                                                                                                                
1:50:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON  commented   on  Representative  Feige's                                                               
remarks.  He referred to proposed Section 1, which read:                                                                        
                                                                                                                                
          (1) "commercial motor vehicle" means a self-                                                                          
     propelled or towed vehicle                                                                                                 
          (A) used to transport passengers or property                                                                          
     for commercial purposes;                                                                                                   
           (B) used on [UPON] a highway or vehicular                                                                          
     way; and ...."                                                                                                             
                                                                                                                                
REPRESENTATIVE ISAACSON  focused on "and" as  the important word,                                                               
noting that the vehicles also  have specific weight restrictions.                                                               
He said that  is what Version R attempted to  address.  He agreed                                                               
to  take the  language  back to  the parties  and  make sure  the                                                               
changes will address the concerns.                                                                                              
                                                                                                                                
1:51:36 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON, after first  determining no one else  wished to                                                               
testify, closed testimony on HB 260.                                                                                            
[HB 260 was held over].                                                                                                         
                                                                                                                                
1:51:46 PM                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects
Economic Impact of a North Slope Rail Extension 2014 power pt.ppt HTRA 2/13/2014 1:00:00 PM
HB 271
Economic Impact of a North Slope Rail Extension-Metz (2).pdf HTRA 2/13/2014 1:00:00 PM
HB 271
CS HB260 version R 2_13_14.pdf HTRA 2/13/2014 1:00:00 PM
HB 260