HB 423: "An Act relating to accidents involving the vehicle of a person under the influence of an alcoholic beverage; and providing for an effective date."
00 HOUSE BILL NO. 423 01 "An Act relating to accidents involving the vehicle of a person under the influence of an 02 alcoholic beverage; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65 is amended by adding a new section to read: 05 Sec. 09.65.300. Damages resulting from driving the vehicle of a person 06 under the influence of an alcoholic beverage. (a) A person is not liable for personal 07 injury, death, or property damage resulting from a motor vehicle accident if the person 08 was driving a vehicle involved in the accident and 09 (1) before the accident, started driving the vehicle involved in the 10 accident from or near licensed premises; 11 (2) is, at the time of the accident, a person employed to or under 12 contract to drive a taxicab or limousine, a taxicab or limousine owner, a holder of a 13 taxicab or limousine permit issued by a municipality, or an owner or employee of a 14 company that dispatches taxicabs or limousines;
01 (3) was not under the influence of an alcoholic beverage at the time of 02 the accident; 03 (4) was driving the vehicle to the motor vehicle owner's residence at 04 the request of the motor vehicle owner or a law enforcement officer; and 05 (5) was driving the vehicle because the motor vehicle owner or 06 operator was under the influence of an alcoholic beverage or reasonably believed to be 07 under the influence of an alcoholic beverage. 08 (b) A person licensed under AS 04.11.080 - 04.11.250, or an agent or 09 employee of the person, is not liable for personal injury, death, or property damage 10 resulting from a motor vehicle accident described under (a) of this section. 11 (c) This section does not preclude liability for civil damages as a result of 12 gross negligence or reckless or intentional misconduct. 13 (d) A motor vehicle owner is considered to have given consent to another 14 person to drive the owner's motor vehicle if the other person is involved in an accident 15 and the provisions of (a) of this section apply to the other person. 16 (e) In this section, "licensed premises" has the meaning given in 17 AS 04.21.080. 18 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. This Act applies to a civil action that accrues on or after the 21 effective date of this Act. 22 * Sec. 3. This Act takes effect July 1, 2004.