Section 17.25.220. Hours of service.

	(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, operation, or driving of commercial motor vehicles, adopted by the United States Department of Transportation and contained in the following provisions of 49 C.F.R. Part 395 (hours of service of drivers), as revised as of October 1, 2014 and adopted by reference, except as provided in (b) of this section:  
		(1) 49 C.F.R. 395.1 (Scope of Rules in This Part);  
		(2) 49 C.F.R. 395.2 (Definitions);  
		(3) 49 C.F.R. 395.8 (Driver's Record of Duty Status);  
		(4) 49 C.F.R. 395.13 (Drivers Declared Out of Service);  
		(5) 49 C.F.R. 395.15 (Automatic On-board Recording Devices).  
	(b)  The federal regulations in 49 C.F.R. that are adopted by reference in (a) of this section are revised as follows:  
		(1) repealed 4/12/2013;  
		(2) 49 C.F.R. 395.13(a) is revised to read: "An enforcement officer may declare a driver out of service and notify the motor carrier of the declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria set out in 49 C.F.R. 395.13(b).";  
		(3) 49 C.F.R. 395.13(c)(2) is revised to read: "A motor carrier shall complete the carrier certification portion of State of Alaska Commercial Vehicle Enforcement Driver/Vehicle Examination Report form and deliver the copy of the form either personally or by mail to the division within 15 working days following the date of examination. If the motor carrier mails the form, delivery is considered made on the day it is postmarked.";  
		(4) repealed 4/12/2013.  
	(c)  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;19.10.370

Notes

Authority

AS 19.05.010 AS 19.05.020 AS 19.05.040 AS 19.10.060 AS 19.10.370 Editor's note: The address for submitting the certification of compliance portion of the State of Alaska Commercial Vehicle Enforcement Driver/Vehicle Examination Report form, as required under 17 AAC 25.220 is State of Alaska, Department of Transportation and Public Facilities, Division of Measurement Standards and Commercial Vehicle Enforcement, 11900 Industry Way, Building M, Suite 2, Anchorage, Alaska 99515-3567.

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

17.25.220