Section 17.25.210. Safe operation of commercial motor vehicles.

	(a)  A person driving a commercial motor vehicle, or a company whose business involves the operation of a commercial motor vehicle, upon a highway or vehicular way or area, shall comply with the regulations relating to the management, maintenance, operation, or driving of commercial motor vehicles, adopted by the United States Department of Transportation and contained in the following provisions, as revised as of October 1, 2014 and adopted by reference, except as otherwise provided in (b) of this section:  
		(1) 49 C.F.R. Part 381 (Waivers, Exemptions, and Pilot Programs);  
		(2) 49 C.F.R. Part 385 (Safety Fitness Procedures);  
		(3) 49 C.F.R. Part 387 (Minimum Levels of Financial Responsibility for Motor Carriers);  
		(4) 49 C.F.R. Part 390 (Federal Motor Carrier Safety Regulations; General);  
		(5) 49 C.F.R. Part 391 (Qualifications of Drivers  and Longer Combination Vehicle (LCV) Driver Instructors);  
		(6) 49 C.F.R. Part 392 (Driving of Commercial Motor Vehicles);   
		(7) 49 C.F.R. Part 393 (Parts and Accessories Necessary for Safe Operation);  
		(8) 49 C.F.R. Part 396 (Inspection, Repair, and Maintenance);  
		(9) 49 C.F.R. Part 397 (Transportation of Hazardous Materials; Driving and Parking Rules);  
		(10) 49 C.F.R. Part 399 (Employee Safety and Health Standards).  
	(b)  The federal regulations in 49 C.F.R. that are adopted by reference in (a) of this section are revised as follows:  
		(1) the lead-in language of 49 C.F.R. 387.9 is revised to read: "Intrastate carriers that operate only in this state and that engage in intrastate commerce only shall meet the minimum levels of financial responsibility set out in AS 19.10.300, except that an intrastate carrier described in item (2) in the schedule of limits in 49 C.F.R. 387.9 shall meet the minimum level of financial responsibility set out in that schedule:";  
		(2) 49 C.F.R. 391.11(b)(1) is revised to read: "(1) For (i) intrastate driving of a commercial motor vehicle that has a gross vehicle weight, gross vehicle weight rating, gross combination weight, or gross combination weight rating greater than 26,001 pounds, has been issued a license under AS 28.33.100(a)(1) - (5) or a permit under AS 28.15.051(f); however, a person under 21 years of age is not qualified to drive a commercial motor vehicle transporting hazardous materials for which a placard is required under 49 C.F.R. Part 172, adopted by reference in 17 AAC 25.200(a), or a commercial motor vehicle designed or used to transport 16 or more passengers, including the driver; or (ii) intrastate driving of a commercial motor vehicle that has a gross vehicle weight, gross vehicle weight rating, gross combination weight, or gross combination weight rating greater than 14,000 pounds but less than 26,001 pounds, has been issued a license under AS 28.15.111(a) and 2 AAC 90.210(b)(2)(A) and is at least 18 years of age; however, a person under 21 years of age is not qualified to drive a commercial motor vehicle transporting hazardous materials for which a placard is required under 49 C.F.R. Part 172, adopted by reference in 17 AAC 25.200(a), or a commercial motor vehicle designed or used to transport 16 or more passengers, including the driver;"  
		(3) 49 C.F.R. 393.3 is revised to read: "The use of additional equipment or accessories in a manner that decreases the safety of operation of a commercial motor vehicle in interstate commerce is prohibited. Nothing contained in 49 C.F.R. Parts 350 - 399 or another provision of law prohibits the use of additional equipment and accessories that are not inconsistent with or prohibited by 49 C.F.R. Parts 350 - 399 or another provision of law, provided the equipment and accessories do not decrease the safety of operation of the motor vehicle on which they are used.";    
		(4) 49 C.F.R. 393.60(e) is revised to read: "Antennas, transponders, and similar devices may be mounted more than 152 millimeters or six inches below the upper edge of the windshield. These devices must be located outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals.";  
		(5) in 49 C.F.R. 393.90, for buses engaged in intrastate commerce, "the Federal Motor Carrier Safety Administration's regulations" is revised to read "state regulations";  
		(6) 49 C.F.R. 396.9(a) is revised to read: "An enforcement officer may enter upon and perform inspections of motor carriers' vehicles in operation and intermodal equipment in operation.";  
		(7) 49 C.F.R. 396.9(b) is revised to read: "The State of Alaska Commercial Vehicle Enforcement Driver/Vehicle Examination Report form or another division-approved form shall be used to record the results of a motor vehicle inspection conducted by an enforcement officer."  
	(c)  An enforcement officer may request a person driving a commercial motor vehicle that is subject to 49 C.F.R. 387.9, adopted by reference in (a) of this section as revised in (b)(1) of this section, to provide proof of financial responsibility. If the person driving the commercial motor vehicle fails to provide proof of financial responsibility, the enforcement officer may order that movement of a vehicle be stopped under 17 AAC 25.350.  
	(d)  A motor carrier that conducts operations in intrastate commerce, and only in intrastate commerce, shall file a motor carrier identification report (Form MCS-150) with the FMCSA and receive an intrastate USDOT identification before the motor carrier begins operations. On each self-propelled commercial motor vehicle, as defined in 49 C.F.R. 390.5, adopted by reference in (a) of this section, the motor carrier shall display the identification number, along with the additional information required by 49 C.F.R. 390.21, adopted by reference in (a) of this section.  
	(e)  For a motor carrier that previously filed a motor carrier identification report required under (d) of this section, the motor carrier shall file an updated motor carrier identification report (Form MCS-150) with the FMCSA every 12 months.  
	(f)  Only the legal name or a single trade name of the motor carrier may be used on a motor carrier identification report required under (d) or (e) of this section.  
	(g)  A motor carrier required under (d) or (e) of this section to file a motor carrier identification report shall file that report with the FMCSA electronically, or with the division's commercial vehicle customer service center in person, by facsimile transmission, or by mail.  
	(h)  For purposes of (d) and (e) of this section, actual receipt occurs if the division's commercial vehicle customer service center receives a complete motor carrier identification report, on the required form (Form MCS-150-AK), during the center's regular hours of operation. If the date on which the report is due falls on a Saturday, Sunday, or state holiday, the report may be filed the next working day.  
	(i)  An enforcement officer may issue a citation for a violation under AS 45.75.380(a)(12) to a motor carrier that fails to file a motor carrier identification report required under (d) or (e) of this section or furnishes misleading information or makes false statements on that report.  
	(j)  A commercial motor vehicle operating in intrastate commerce, whose gross vehicle weight, gross vehicle weight rating, gross combined weight, or gross combined weight rating is equal to or less than 26,000 pounds, is exempt from the requirements of this section if the operator of the commercial motor vehicle  
		(1) is furthering the operator's fishing operations;  
		(2) holds  
			(A) a commercial fishing license issued under AS 16.05.480;  
			(B) a sport fishing operator registration in accordance with 5 AAC 75.075;  
			(C) a sport fishing guide registration in accordance with 5 AAC 75.075; or;  
			(D) a permit issued under AS 16.43.140;  
		(3) is operating the vehicle on any roadway in the state, other than a roadway within the Municipality of Anchorage or the City of Fairbanks; and  
		(4) is not transporting hazardous materials for which a placard is required under 49 C.F.R. Part 172, adopted by reference in 17 AAC 25.200(a), or operating a vehicle designed or used to transport 16 or more individuals, including the driver.  

Authorities

19.05.010;19.05.020;19.05.040;19.10.060;19.10.310;19.10.340;19.10.370

Notes

Reference

17 AAC 25.250
17 AAC 25.340
17 AAC 25.900
2 AAC 90.440

Authority

AS 19.05.010 AS 19.05.020 AS 19.05.040 AS 19.10.060 AS 19.10.310 AS 19.10.340 AS 19.10.370 Editor's note: The address for filing, in person or by mail, a motor carrier identification report required under 17 AAC 25.210(d) - (h) is State of Alaska, Department of Transportation and Public Facilities, Division of Measurement Standards and Commercial Vehicle Enforcement, Commercial Vehicle Customer Service Center, 11900 Industry Way, Building M, Suite 2, Anchorage, AK 99515. The facsimile number for filing a motor carrier identification report is [phone], toll-free for filers within the state, 365-1243 for filers within the Anchorage area, or [phone] for filers outside the state. The Internet site for electronic filing with the FMCSA is www.fmcsa.dot.gov. The motor carrier identification report form ( MCS-150) is available from the Commercial Vehicle Customer Service Center at that address, or can be requested by calling [phone] toll-free for callers within the state, 365-1200 for callers within the Anchorage area, or [phone] for callers outside the state. The form may also be downloaded from www.fmcsa.dot.gov, and is also available on the Department of Transportation and Public Facilities website, at http://www.dot.state.ak.us/mscve.

History

Eff. 11/16/2004, Register 172; am 12/31/2006, Register 180; am 4/9/2009, Register 190; am 12/30/2010, Register 196; am 4/12/2013, Register 206; am 11/26/2015, Register 216

References

17.25.210