CS FOR HOUSE BILL NO. 378(TRA) "An Act relating to motor vehicle registration; relating to drivers' licenses; relating to instruction permits; relating to commercial motor vehicles and commercial motor carriers; and providing for an effective date." 10:44:51 AM REBECCA ROONEY, STAFF, REPRESENTATIVE PEGGY WILSON, noted that the bill had been crafted at the request of the Department of Motor Vehicles. She provided a sponsor statement: HB 378 changes Alaska statutes to align them with the updated Federal Motor Carriers Administration (FMCSA) regulations. It will make the roads a safer place for all Alaskans by allowing the Division of Motor Vehicles (DMV) to refuse to register or to revoke a registration for a motor carrier or commercial vehicle that does not meet these federal safety standards. If HB 378 is not passed this session Alaska will be out of compliance with federal regulations. Non- compliance could result in the federal government decertifying Alaska's CDL program. The decertification would jeopardize Alaska's federal highway funding. DOT reports that based on 2014 apportionments, this could mean a loss of up to $34M in federal dollars. In addition to the loss of federal funds the DMV will not be able to issue, renew or upgrade any CDL or permits. HB 378 adds additional safety-related improvements to the commercial permitting requirements to comply with federal mandates, which include raising the age to obtain an instruction permit for a commercial driver from 17 to 18 years of age, and limiting the period of validity to 180 days with the ability to renew the commercial permit for a period of 180 days instead of two years. A five year timeframe is added that will allow a person to apply for an instructional permit after they have been issued a certain class of license. A Commercial Driver License (CDL) permit will be disqualified in the same manner as a commercial license if the driver is operating out of service or is convicted for crimes that include driving under the influence, refusal to submit to a chemical test, manslaughter, or negligent homicide resulting from driving a motor vehicle or for the commission of a felony using a motor vehicle. Texting while driving will also be made a serious traffic violation by which CDL operators could lose their license or permit for a period of time. Additionally, HB 378 contains clarifying language for registration fees charged for vehicles over 10,000 pounds used for personal use and in an individual's name. This clarification makes it clear that vehicles with an empty weight over 10,000 pounds (except motor homes used for personal use) will be charged the same as commercial vehicles of the same weight. 10:47:38 AM AMY ERICKSON, DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF ADMINISTRATION, stated that the legislation would allow DMV to refuse to register vehicles that had been placed out-of-service by the Federal Motor Carrier Safety Association (FMCSA). Reasons for denial included: · Unsatisfactory safety rating from the FMCSA · Failure to pay levied FMCSA fees · Motor carrier determined to be an imminent hazard · Failure for a new entrant to obtain or schedule and audit within 18 months Ms. Erickson spoke to Section 8 of the bill, which allowed a person to acquire an instruction permit for license in a previously held class. 10:49:45 AM AVES THOMPSON, EXECUTIVE DIRECTOR, ALASKA TRUCKING ASSOCIATION, ANCHORAGE (via teleconference), spoke in support of the legislation. He stated that the association was a statewide association representing the interests of nearly 200 companies in Alaska. The bill made technical corrections to the CDL program required by the FMCSA on certain commercial driver violations and the consequences of those violations. These technical corrections bring the Alaska DMV into compliance with federal regulations and compliance is required to allow the CDL program to work. He spoke to the subject of compliance with the feds on the CDL program. Although the sanctions have never been applied by FMCSA, there is always a first time. The consequences of decertification of the CDL program are very severe. Issuance of new CDL's would stop immediately and all CDL's would be invalid upon their expiration date. This means that a commercial vehicle driver could not drive commercially in Alaska or any other state without getting a CDL from another state. The federal highway dollars are important but DMV must be able to issue valid CDL's. Vice-Chair Fairclough CLOSED public testimony. 10:52:11 AM AT EASE 10:53:07 AM RECONVENED CSHB 378(TRA) was HEARD and HELD in committee for further consideration.