SB 163-DEFINITION OF COMMERCIAL MOTOR VEHICLES   1:31:59 PM CHAIR STEDMAN announced the consideration of SB 163. 1:32:33 PM JOHN BINDER, Deputy Commissioner, Alaska Department of Transportation and Public Facilities, Anchorage, Alaska, provided an introduction of SB 163 as follows: SB 163 proposes to bring Alaska's definitions of "commercial motor vehicle" into the 21st century. Senate Bill 163 proposed changes will benefit farmers who transport agricultural commodities or supplies in Alaska because existing restrictions on farm vehicles limit their movement to within 150 miles of the farm. SB 163 will allow farmers to operate anywhere in Alaska. The Moving Ahead for Progress in the 21st Century Act (MAP-21), made the federal regulation of farmers less restrictive than our current existing language in Alaska statute. SB 163 also proposes the transportation of hazardous materials should be amended to only apply to quantities of substances that require a placard regardless of the size of the vehicle. Finally, the definition of "school bus" is updated to provide clarity for when school buses are exempt from commercial motor vehicle requirements. 1:32:38 PM SENATOR EGAN joined the committee meeting. 1:33:56 PM DAN SMITH, Director, Division of Measurement Standards and Commercial Vehicle Enforcement, Alaska Department of Transportation and Public Facilities, Juneau, Alaska, provided a sectional overview of SB 163 as follows: Section 1 AS 19.10.300, the area that we intended to change was in AS 19.10.399 which is "definitions." AS 19.10.300 is financial responsibility, but since we are using this wording later on in the bill, this was to mirror those changes that you will be seeing later. Page 2, line 4 When we start talking about "covered farm vehicles" is really the meat of this bill. Presently, a farmer using a farm vehicle away from their farm after 150 miles from that farm they are then treated as though they are a motor carrier, meaning they would have to meet all of the requirements of a carrier, having like a DOST number markings on their vehicle, that sort of thing; this change would allow them to operate anywhere in the state. Page 2, line 29  When we get to "placard," there are times when a commercial vehicle may be hauling a substance that is deemed a hazardous material but it's not in a quantity that requires a placard. If I owned an air taxi, for instance, I went and picked up a 55-gallon drum, that's not an amount of gas that would require a placard, so sometimes that situation arises, and we just wanted to be really clear when somebody is operating a vehicle as a commercial vehicle that then would be requiring a placard. "School buses" and "school bus operations"  Presently, in AS 19.10.399 it says, "School buses are not commercial vehicles," so we wanted to make this change to clarify that school buses when they are used for transporting school children from home to school or school to home, that is school bus operations and they are exempt from the requirements. So, right now it is too broad, and it is not a compatible definition, we say "all school buses." If a school bus in the summer is picking up down here and taking passengers from a cruise ship out to the glacier, that's a motor carrier of passengers at that time and they would be regulated as such, they already know that because that's how we've regulating them because most of them are in interstate commerce already and therefore are falling under a more restrictive rule. 1:36:41 PM SENATOR MACKINNON asked what the current commercial requirements are for school bus drivers or for school buses. MR. SMITH replied as follows: For those exempt operations I can't answer that question because DOT&PF doesn't regulate them, I believe that's Early Education that sets those requirements for school buses when they are operating as a "school bus;" once they are outside of that definition, absolutely, I can tell you the requirements for a motor carrier of passengers. SENATOR MACKINNON explained that her intent was to find out if there were any unintended consequences from the change in definition that will affect schools and the safety of the children that are being transported. 1:37:38 PM SENATOR WILSON joined the committee meeting. MR. SMITH replied that he did know of any unintended consequences. He explained that for the most part, a lot of the school bus transport is being conducted by government agencies who are already exempt. He said for those carriers that do school bus operations and then would have operations as a commercial carrier, they abide by stringent driver qualifications and vehicle requirements. SENATOR BISHOP asked if the exemption for farmers to operate anywhere in the state without a CDL [commercial drivers license] was federal law. MR. SMITH replied that is correct; it is the 49 CFR. [United State Code of Federal Regulation (CFR)] SENATOR BISHOP disclosed that he had considered adding minors to the exemption, but a federal exemption was required. He asked if the bill gets around that requirement because 49 CFR allows the exemption for agriculture. MR. SMITH answered yes. 1:39:17 PM SENATOR MACKINNON addressed her concerns regarding farm vehicle safety as follows: My only question is regarding safety and whether the roads will be safe with these types of vehicles on them without the same certification as a "commercial." I understand the economic disadvantage for the farmers, agriculture is a tough business to be in and moving your goods to market is difficult, but the vehicles and the safety of those vehicles is still of concern to all of us. Can you speak to the safety of farm vehicles on a road? I understand it is allowed on a national level, but Alaska faces some severe winter conditions and others that require us to look at everything in a unique way. MR. SMITH replied that there will be no measurable effect on safety. SENATOR BISHOP asked him to address safety regarding 18-wheel farm vehicles and inquired if the vehicle is exempt from DOT inspection. MR. SMITH answered that a farm vehicle would meet the exception for a covered farm vehicle or existing farm vehicle exception. He added that an exemption would also apply to [49 CFR Part 391] for the medical and [49 CFR Part 383] for driver qualifications. SENATOR BISHOP addressed air brakes and inquired if the tolerances are the same for farmers as they are for commercial carriers. MR. SMITH answered yes. 1:41:38 PM SENATOR STEDMAN opened public testimony. 1:41:59 PM AVES THOMPSON, Executive Director, Alaska Trucking Association, Anchorage, Alaska, testified in support of SB 163. He specified that any effort to clarify the statutes makes it easier for the trucking industry to comply. He said SB 163 reduces the burden on farmers and farm vehicles by removing the 150-mile restriction on farms transporting their own "covered farm vehicles" in the conduct of their business and allows them to operate statewide. He noted that if a choice is made to enter the "for hire world," compliance with the commercial vehicle rules and regulations will be required. He added that SB 163 provides certainty for motor carriers of passengers by clearly identifying school bus operations. He specified that school buses are not considered commercial motor vehicles while conducting "school bus operations." He added that school bus operators that choose to engage in "for hire" transport other than school bus operations would also have to comply with commercial vehicle rules and regulations. He detailed that SB 163 also provides clarification for carriers transporting hazardous materials in amounts that require a placard. 1:44:07 PM CHAIR STEDMAN closed public testimony. 1:44:22 PM CHAIR STEDMAN held SB 163 in committee.