Section 17.25.240. Unsafe or defectively equipped commercial motor vehicles.

	(a)  An enforcement officer may issue a citation to the driver or owner of a commercial motor vehicle that is not in safe mechanical condition or properly equipped as required in AS 28  or in 17 AAC 25.200 - 17 AAC 25.250. A citation issued under this section must specify the section of AS 28  or 17 AAC 25.200 - 17 AAC 25.250 that has been violated and the repair or adjustment to be made, and must require the driver or owner to appear in court after a period of at least five days, holidays and weekends excluded, from the date of the violation.  
	(b)  The citation issued under (a) of this section requires the driver or owner of the commercial motor vehicle specified in the citation to repair the commercial motor vehicle so that it is in safe condition and its equipment is in proper repair and adjustment. Except as provided in (c) of this section, the citation also requires the owner or driver to secure a certificate of inspection and approval before any further driving or movement on a highway or vehicular way or area.  
	(c)  A person may not drive or move a commercial motor vehicle after being directed under this section to have it repaired or adjusted, except as may be necessary to return the commercial motor vehicle to the residence or place of business of the owner or driver of the commercial motor vehicle or to a garage, until the commercial motor vehicle and its equipment have been repaired or adjusted as required by the citation. If repair or adjustment of a commercial motor vehicle or its equipment is found necessary upon inspection, the owner or driver of the commercial motor vehicle may obtain the repair or adjustment at a place of that person's choosing, within a 100-mile radius of the place where the citation issued under (a) of this section was issued, or otherwise at the nearest place of repair.  
	(d)  If a commercial motor vehicle is, in the reasonable judgment of the person issuing the citation, in a condition that further driving or movement would be hazardous, the person issuing the citation may require that the commercial motor vehicle not be driven or moved under its own power, or that it be driven to the nearest garage or other place of safety. This section does not preclude the impounding of a commercial motor vehicle under AS 19.10.375 or AS 28.05.091.   

Authorities

19.05.010;19.05.020;19.05.040;19.10.060;19.10.310;19.10.340;19.10.370;19.10.399;45.75.131

Notes

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 AS 19.10.399 AS 45.75.131

History

Eff. 11/16/2004, Register 172