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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 378                                                                                                         
01 Relating to motor vehicle registration; relating to drivers' licenses; relating to instruction                          
02 permits; relating to commercial motor vehicles and commercial motor carriers; and providing                             
03 for an effective date.                                                                                                  
04                           _______________                                                                               
05    * Section 1. AS 28.10.041(a) is amended to read:                                                                   
06            (a)  The department may refuse to register a vehicle if                                                      
07                 (1)  the application contains a false or fraudulent statement;                                          
08                 (2)  the applicant fails to furnish information required by the                                         
09       department;                                                                                                       
10                 (3)  the applicant is not entitled to the issuance of a certificate of title or                         
11       registration under this chapter;                                                                                  
12                 (4)  the vehicle is determined to be mechanically unsafe to be driven or                                
13       moved on a highway, vehicular way or area, or other public property in the state;                                 
14                 (5)  the department has reasonable grounds to believe that the vehicle                                  
01       was stolen or fraudulently acquired or that the granting of registration would be a                               
02       fraud against the rightful owner or other person having a valid lien on [UPON] the                            
03       vehicle;                                                                                                          
04                 (6)  the registration of the vehicle has been suspended or revoked for                                  
05       any reason under the laws of the state;                                                                           
06                 (7)  the required fees or taxes have not been paid;                                                     
07                 (8)  the vehicle or applicant fails to comply with this chapter or                                      
08       regulations implementing this section;                                                                            
09                 (9)  the vehicle is without a certificate of inspection required under                                  
10       AS 19.10.310;                                                                                                     
11                 (10)  except for a vehicle to be registered under AS 28.10.152, the                                     
12       vehicle is subject to a state-approved emission inspection program adopted under                                  
13       AS 46.14.400 or 46.14.510, and the vehicle does not meet the standards of that                                    
14       program;                                                                                                          
15                 (11)  the applicant fails to certify to the department the existence of a                               
16       motor vehicle liability policy that complies with AS 28.22.101 for the vehicle being                              
17       registered unless the owner of the vehicle qualifies as a self-insurer under                                      
18       AS 28.20.400 or is exempted from obtaining liability insurance under AS 28.22.011;                            
19                 (12)  the applicant is a commercial motor carrier prohibited from                                   
20       operating by a federal agency.                                                                                
21    * Sec. 2. AS 28.10.051(a) is amended to read:                                                                      
22            (a)  The department may suspend or revoke the registration of a vehicle, the                                 
23       certificate of registration or registration plates for a vehicle, or a special permit when                        
24                 (1)  the department determines that the registration or certificate, plate,                             
25       or permit was fraudulently procured or erroneously issued;                                                        
26                 (2)  the department determines that a registered vehicle is mechanically                                
27       unsafe to be driven or moved on a highway, vehicular way or area, or other public                                 
28       property in this state and the vehicle has been seized or impounded under                                         
29       AS 28.05.091;                                                                                                     
30                 (3)  a registered vehicle has been scrapped, dismantled, or destroyed                                   
31       beyond repair;                                                                                                    
01                 (4)  the department determines that a required fee or tax has not been                                  
02       paid and the fee or tax is not paid upon reasonable notice and demand;                                            
03                 (5)  a registration plate, permit, or certificate is knowingly displayed on                         
04       [UPON] a vehicle other than the vehicle for which issued;                                                         
05                 (6)  the department determines that the owner of a vehicle has                                          
06       committed an offense under this chapter involving the registration or the certificate,                            
07       plate, or permit to be suspended or revoked;                                                                      
08                 (7)  the vehicle has been reported to the department as stolen or                                       
09       unlawfully converted;                                                                                             
10                 (8)  the department is otherwise required to do so under the laws of this                               
11       state;                                                                                                            
12                 (9)  the department determines that the vehicle owner has violated the                                  
13       requirements of AS 28.10.146 or 28.10.147;                                                                        
14                 (10)  the department determines that a repair to a commercial motor                                     
15       vehicle, ordered by the Department of Transportation and Public Facilities or the                                 
16       Department of Public Safety under regulations adopted under AS 19, was not                                        
17       completed after the owner or operator represented to the Department of Transportation                             
18       and Public Facilities, the Department of Public Safety, or the Department of                                      
19       Administration that the repair had been completed; [OR]                                                           
20                 (11)  the owner or operator of a commercial motor vehicle has placed a                                  
21       commercial motor vehicle back in service after it has been placed out of service by the                           
22       Department of Transportation and Public Facilities or the Department of Public Safety                             
23       without having it reinspected as required under regulations adopted under AS 19;                              
24                 (12)  the owner or operator is a commercial motor carrier                                           
25       prohibited from operating by a federal agency; or                                                             
26                 (13)  the commercial motor vehicle is subject to an out-of-service                                  
27       order issued by a state or federal agency.                                                                    
28    * Sec. 3. AS 28.10.411(f) is amended to read:                                                                      
29            (f) A resident 65 years of age or older on January 1 of the year the vehicle is                              
30       registered or a resident with a disability that limits or impairs the ability to walk and                         
31       who provides proof of that disability as provided in 23 C.F.R. 1235.2 is entitled to an                           
01       exemption from the registration fee required under this section for one vehicle subject                           
02       to registration under AS 28.10.421(b)(1)(A), (b)(2), (b)(4), or (b)(5)                                        
03       [AS 28.10.421(b)(1), (2), (5), OR (6)]. An exemption may not be granted except upon                               
04       written application for the exemption on a form prescribed by the department.                                     
05    * Sec. 4. AS 28.10.411 is amended by adding a new subsection to read:                                              
06            (g)  A person who presents satisfactory proof of current membership in the                                   
07       Alaska National Guard is entitled to an exemption from the registration fee required                              
08       under this section for one vehicle subject to registration under AS 28.10.421(b)(1)(A),                           
09       (b)(2), or (b)(4). An exemption may not be granted except upon written application for                            
10       the exemption on a form prescribed by the department.                                                             
11    * Sec. 5. AS 28.10.421(b) is repealed and reenacted to read:                                                       
12            (b)  The biennial registration fees under this subsection are imposed within the                             
13       following classifications for                                                                                     
14                 (1)  a vehicle not exceeding 10,000 pounds unladen weight as                                            
15       established by the manufacturer's advertised weight or on the actual weight, which the                            
16       owner shall furnish, subject to the approval of the commissioner or the commissioner's                            
17       representative that is a                                                                                          
18                      (A)  passenger vehicle, low-speed vehicle, pick-up truck, truck,                                   
19            or van not used or maintained for the transportation of persons or property for                              
20            hire or for other commercial use and not registered in the name of a company                                 
21            or business ............................................................................................... $
22                      (B)  a taxicab ................................................................... $160;           
23                 (2)  a motor home not used or maintained for the transportation of                                      
24       persons or property for hire or for other commercial use and not registered in the name                           
25       of a company or business......................................................................................$100
26                 (3)  a motor bus with a seating capacity of                                                             
27                      (A)  less than 20 persons and used exclusively for commercial                                      
28            purposes in the transporting of visitors or tourists .................................. $100;                
29                      (B)  20 or more persons and used exclusively for commercial                                        
30            purposes in the transporting of visitors or tourists .................................. $300;                
31                 (4)  a motorcycle or a motor-driven cycle ..................................... $60;                    
01                 (5)  a trailer not used or maintained for the transportation of persons or                              
02       property for hire or for other commercial use, including a boat trailer, baggage trailer,                         
03       box trailer, utility trailer, house trailer, travel trailer, or trailer rented or offered for rent                
04       ..................................................................................................................
05    * Sec. 6. AS 28.10.421(c) is amended to read:                                                                      
06            (c)  The biennial registration fees under this subsection are imposed for a                              
07       vehicle not subject to registration under (b) of this section and are based on                            
08       [UPON] the actual unladen weight as established by the manufacturer's advertised                                  
09       weight or on [UPON] the actual weight, which the owner shall furnish, subject to the                          
10       approval of the commissioner or the commissioner's representative, [FOR A                                         
11       VEHICLE, INCLUDING A LOW-SPEED VEHICLE AND A MOTOR VEHICLE                                                        
12       PULLING A TRAILER OR SEMI-TRAILER, THAT IS REGISTERED IN THE                                                      
13       NAME OF A COMPANY OR BUSINESS, OR IS USED OR MAINTAINED FOR                                                       
14       THE TRANSPORTATION OF PASSENGERS FOR HIRE, EXCEPTING                                                              
15       TAXICABS AND BUSES UNDER (b) OF THIS SECTION, OR FOR THE                                                          
16       TRANSPORTATION OF PROPERTY FOR HIRE OR FOR OTHER                                                                  
17       COMMERCIAL PURPOSES, INCLUDING A LOW-SPEED VEHICLE, TRUCK,                                                        
18       WRECKER, TOW CAR, HEARSE, AMBULANCE, AND TRACTOR,] as follows:                                                    
19                 (1)  up to and including 5,000 pounds...........................................$180;                   
20                 (2)  more than 5,000 pounds to and including 12,000 pounds .....$268;                                   
21                 (3)  more than 12,000 pounds to and including 18,000 pounds ...$516;                                    
22                 (4)  more than 18,000 pounds .......................................................$662.               
23    * Sec. 7. AS 28.10.421(d)(8) is amended to read:                                                                   
24                 (8)  an amateur mobile radio station vehicle,                                                           
25                      (A)  with a transceiver capable of less than 5-band operation                                      
26            .............................................................................................................
27            required for that vehicle under (b) or (c) of this section;                                                  
28                      (B)  in recognition of service to the public a mobile amateur                                      
29            radio station owned by an amateur with general class or higher license,                                      
30            provided the station must be satisfactorily proved capable of operating on at                                
31            least five bands from 160 through 10 meters, must have an antenna, and must                                  
01            have a power supply and wiring as a permanent part of the vehicle; the                                       
02            transmitting unit may be removed from the car for service or dry storage                                     
03            .............................................................................................................
04            for a mobile amateur radio station vehicle included in (b)(1)(A) [(b)(1) OR (2)]                         
05            of this section;                                                                                             
06    * Sec. 8. AS 28.10.431(b) is amended to read:                                                                      
07            (b)  The biennial tax is levied upon motor vehicles subject to the registration                              
08       fee under AS 28.10.411 and 28.10.421 and is based on [UPON] the age of vehicles as                            
09       determined by model year in the first year of the biennial period, according to the                               
10       following schedule:                                                                                               
11                         Tax According to Age of                                                                         
12                               Vehicle                                                                                   
13                           Since Model Year:                                                                             
14                                                             8th                                                         
15                         1st  2nd  3rd  4th  5th  6th 7th or over                                                        
16     Motor Vehicle                                                                                                       
17     (1)  motorcycle    $ 17 $ 15 $ 13 $ 10 $ 7 $ 5 $ 4      $ 4                                                         
18     (2)  vehicles specified in 121 99 77 55  39   28   19   16                                                          
19      AS 28.10.421(b)(1)(A)                                                                                          
20       or (3)(A)                                                                                                     
21      [AS 28.10.421(b)(1)]                                                                                               
22     (3) vehicles specified in 121 99 77 55   39   28   19   16                                                          
23      AS 28.10.421(b)(1)(B)                                                                                          
24      [AS 28.10.421(b)(3)]                                                                                               
25     (4) vehicles specified                                                                                              
26      in AS 28.10.421(c)(1)-(4)                                                                                          
27      5,000 pounds or less  121 99  77   55   39   28   19   16                                                          
28      5,001-12,000 pounds  198 154 121   99   77   55   33   22                                                          
29      12,001-18,000 pounds  447 392 348 304 260 227 205      194                                                         
30      18,001 pounds or over  546 469 403 348 304 260 216     194                                                         
31     (5) vehicles specified in 198 154 121 99 77   55   33   22                                                          
01      AS 28.10.421(b)(3)(B)                                                                                          
02      [AS 28.10.421(b)(4)]                                                                                               
03     (6) vehicles specified in 17 15 13  10   7    5    4     4                                                          
04      AS 28.10.421(b)(5)                                                                                             
05      [AS 28.10.421(b)(6)]                                                                                               
06     (7) vehicles specified  121 99 77   55   39   28   19   16                                                          
07      in AS 28.10.421(d)(8)                                                                                              
08     (8) [VEHICLES       121   99   77   55   39   28   19   16                                                          
09      SPECIFIED IN                                                                                                       
10      AS 28.10.421(b)(2)                                                                                                 
11     (9)] vehicles eligible  88                                                                                          
12      for dealer                                                                                                         
13      plates under                                                                                                       
14      AS 28.10.421(d)(9).                                                                                                
15    * Sec. 9. AS 28.15.051(a) is amended to read:                                                                      
16            (a)  Except as provided in (b) of this section, a person who is at least 14 years                            
17       of age may apply to the department for a noncommercial [AN] instruction permit.                               
18       The department may, after the applicant has successfully passed all parts of the                                  
19       examination under AS 28.15.081 other than the driving test, issue to the applicant an                             
20       instruction permit. The permit allows a person, while having the permit in the person's                           
21       immediate possession, to drive a specified noncommercial type or class of motor                               
22       vehicle on a highway or vehicular way or area for a period not to exceed two years.                               
23       The permittee shall be accompanied by a person at least 21 years of age who has been                              
24       licensed at least one year to drive the type or class of vehicle being used, who is                               
25       capable of exercising control over the vehicle and who occupies a seat beside the                                 
26       driver, or who accompanies and immediately supervises the driver when the permittee                               
27       drives a motorcycle. An instruction permit may be renewed one time. Once a license is                             
28       issued to drive a specified type or class of motor vehicle, a driver is not eligible to                           
29       obtain an instructional permit for that specified type or class of motor vehicle unless                       
30       five years have passed since the expiration of the license.                                                   
31    * Sec. 10. AS 28.15.051 is amended by adding a new subsection to read:                                             
01            (f)  A person who is at least 18 years of age may apply to the department for a                              
02       commercial instruction permit. The department may, after the applicant has                                        
03       successfully passed all parts of the examination under AS 28.15.081 other than the                                
04       driving test, issue to the applicant a commercial instruction permit. The permit allows                           
05       a person, while having the permit in the person's immediate possession, to drive a                                
06       specified commercial type or class of motor vehicle on a highway or vehicular way or                              
07       area for a period not to exceed 180 days. The permittee shall be accompanied by a                                 
08       person at least 21 years of age who has been licensed at least one year to drive the type                         
09       or class of vehicle being used, who is capable of exercising control over the wheel,                              
10       and who occupies a seat beside the driver.  A commercial instruction permit may be                                
11       renewed one time for a period of 180 days. Once a license is issued to drive a                                    
12       specified type or class of motor vehicle, a driver is not eligible to obtain a commercial                         
13       instructional permit for that specified type or class of motor vehicle unless                                     
14                 (1)  five years have passed since the expiration of the previous license;                               
15       or                                                                                                                
16                 (2)  the commercial instruction permit is obtained for the purpose of                                   
17       adding an endorsement to a current class of commercial license.                                                   
18    * Sec. 11. AS 28.33.140(a) is amended to read:                                                                     
19            (a)  In addition to any court action or administrative action in this or any other                           
20       jurisdiction, conviction of a person who holds or is required to have a commercial                                
21       driver's license or commercial instruction permit of any of the following offenses is                         
22       grounds for immediate disqualification from driving a commercial motor vehicle for                                
23       the periods set out in this section:                                                                              
24                 (1)  operating a commercial motor vehicle while under the influence of                                  
25       an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.33.030;                            
26                 (2)  refusal to submit to a chemical test in violation of AS 28.35.032;                                 
27                 (3)  operating a motor vehicle while under the influence of an alcoholic                                
28       beverage, inhalant, or controlled substance in violation of AS 28.35.030;                                         
29                 (4)  leaving the scene of an accident in violation of AS 28.35.060, or                                  
30       failing to file, or providing false information in, an accident report in violation of                            
31       AS 28.35.110;                                                                                                     
01                 (5)  a felony under state or federal law that was facilitated because the                               
02       person used a motor vehicle;                                                                                      
03                 (6)  a serious traffic violation;                                                                       
04                 (7)  taking one of the following actions [DRIVING AFTER BEING                                       
05       PLACED OUT OF SERVICE] in violation of regulations adopted under                                                  
06       AS 19.10.060(c) or AS 28.05.011:                                                                              
07                      (A)  driving after being placed out of service; or                                             
08                      (B)  operating a commercial vehicle that has been placed out                                   
09            of service;                                                                                              
10                 (8)  operating a commercial motor vehicle in violation of a federal or                                  
11       state statute or regulation, or a local law or ordinance, relating to railroad-highway                            
12       grade crossings;                                                                                                  
13                 (9)  operating a commercial motor vehicle while the driver's                                            
14       commercial motor vehicle license is suspended, revoked, or canceled, or the driver is                             
15       disqualified;                                                                                                     
16                 (10)  causing a fatality through the negligent operation, or operation in                               
17       violation of a felony criminal law, of a commercial motor vehicle.                                                
18    * Sec. 12. AS 28.33.140(m) is amended to read:                                                                     
19            (m)  A person who violates the standards for operating a commercial motor                                    
20       vehicle or who knowingly operates a commercial motor vehicle that has been                                    
21       placed out of service as set out by the department in regulation is subject to civil                          
22       penalties established by the department in regulation. An employer who knowingly                                  
23       allows an employee to drive in violation of an out-of-service order or in violation of a                          
24       railroad-highway grade crossing is subject to civil penalties as described in 49 U.S.C.                           
25       521(b) as established by the department in regulation. The department may adopt                                   
26       regulations under AS 44.62 to implement this subsection. The regulations adopted                                  
27       under this subsection must be substantially similar to any applicable federal                                     
28       regulations. In this subsection, "knowingly [,]" has the meaning given in                                         
29       AS 11.81.900.                                                                                                     
30    * Sec. 13. AS 28.33.190(16) is amended to read:                                                                    
31                 (16)  "serious traffic violation" means                                                                 
01                      (A)  speeding 15 miles per hour or more above the posted limit;                                    
02                      (B)  reckless or negligent driving, in violation of AS 28.35.400                                   
03            or 28.35.410 or an ordinance with substantially similar elements;                                            
04                      (C)  violation of a provision of this title, or a regulation adopted                               
05            under this title, relating to improper lane changes or following too closely, or                             
06            an ordinance with substantially similar elements;                                                            
07                      (D)  violation of a law or ordinance relating to traffic control,                                  
08            which was determined by the court by a preponderance of the evidence to have                                 
09            been a factor in causing physical injury to a person;                                                        
10                      (E)  driving a commercial motor vehicle without obtaining a                                        
11            license to drive a commercial motor vehicle;                                                                 
12                      (F)  driving a commercial motor vehicle without a license to                                       
13            drive a commercial motor vehicle in the driver's possession; however, if an                                  
14            individual provides proof to the department by the date that the individual was                              
15            required to appear in court or pay any fine for that violation that the individual                           
16            held a valid license to drive a commercial motor vehicle on the date the                                     
17            citation was issued, the driving may not be considered as a serious traffic                                  
18            violation under this paragraph; [OR]                                                                         
19                      (G)  driving a commercial motor vehicle without the proper                                         
20            class of license to drive a commercial motor vehicle and any required                                        
21            endorsements for the specific vehicle group being operated, or for the                                       
22            passengers or type of cargo being transported; or                                                        
23                      (H)  driving a commercial motor vehicle in violation of                                        
24            AS 28.35.161.                                                                                            
25    * Sec. 14. AS 28.90.990(a) is amended by adding a new paragraph to read:                                           
26                 (31)  "commercial motor carrier" means a person that provides                                           
27       transportation for compensation, or that provides a vehicle to a person or entity that                            
28       provides transportation for compensation, including the person's agents, officers,                                
29       representatives, employees responsible for hiring, supervising, training, assigning, or                           
30       dispatching of drivers, and employees overseeing the safety, installation, inspection,                            
31       and maintenance of motor vehicle equipment and accessories.                                                     
01    * Sec. 15. Sections 1, 2, and 9 - 14 of this Act take effect immediately under                                     
02 AS 01.10.070(c).                                                                                                        
03    * Sec. 16. Sections 3 - 8 of this Act take effect January 1, 2015.                                                 
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