Section 2.90.250. Commercial driver's licenses.

	(a)  The following provisions of 49 C.F.R. Part 383 (commercial driver's license standards; requirements and penalties), revised as of October 1, 2013, are adopted by reference, except as provided in (b) of this section:  
		(1) 49 C.F.R. 383.53 (penalties);  
		(2) 49 C.F.R. 383.71 (driver application and certification procedures);  
		(3) 49 C.F.R. 383.73 (state procedures);  
		(4) 49 C.F.R. 383.75 (third party testing);  
		(5) 49 C.F.R. 383.77 (substitute for driving skills tests for drivers with military CMV experience);  
		(6) 49 C.F.R. 383.95 (restrictions);  
		(7) 49 C.F.R. 383.110 - 383.123 (Subpart G: required knowledge and skills) and the appendix to Subpart G;  
		(8) 49 C.F.R. 383.135 (passing knowledge and skills tests).  
	(b)  The federal regulations in 49 C.F.R. Part 383 that are adopted by reference in (a) of this section are revised as follows:  
		(1) the lead-in of 49 C.F.R. 383.71(b) is revised to read: "(b) License transfer. When applying to transfer a CDL from one state of domicile to this state, an applicant shall apply for a CDL from this state within no more than 30 days after establishing the applicant's new domicile. The applicant shall:";  
		(2) in 49 C.F.R. 383.71(b), "new State of domicile" is revised to read "the division";  
		(3) in the lead-in of 49 C.F.R. 383.71(e), "Administrator" is revised to read "director", and "a State which meets such standards" is revised to read "this state";  
		(4) in 49 C.F.R. 383.71(e)(2), "State which issued the CDL" is revised to read "division";  
		(5) in 49 C.F.R. 383.73, except where the term refers to a state other than this state, "State" is revised to read "division";  
		(6) the lead-in of 49 C.F.R. 383.73(b) is revised to read: "(b) License transfers. Before issuing a CDL to a person who has a CDL from another state, the division shall:";  
		(7) the first sentence of 49 C.F.R. 383.73(e) is revised to read: "A person domiciled in a foreign country must apply with the division for a nonresident CDL from this state if the director has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction of domicile do not meet the standards contained in 49 C.F.R. 383.71, 49 C.F.R. 383.73, 49 C.F.R. 383.95 - 383.123, and 49 C.F.R. 383.135.";  
		(8) in 49 C.F.R. 383.123(b)(1), "State" is revised to read "director";  
		(9) in the lead-in of 49 C.F.R. 383.123(b)(2), "State" is revised to read "division."  
	(c)  In this section,  
		(1) "CDL" means commercial driver's license;  
		(2) "director" means the director of the division of motor vehicles.  
	(d)  When determining whether to issue a commercial driver's license or commercial instruction permit, the department will accept the results of a skills test conducted under 49 C.F.R. Part 383 from another state in the United States or the District of Columbia.  
	(e)  The holder of a commercial instruction permit may not take a skills test required under a federal provision adopted by reference in this section, or required under another provision of this chapter, for at least 14 days after the date when the department issues the commercial instruction permit.  
	(f)  If the department has reason to believe that the holder of a commercial driver's license or commercial instruction permit has committed fraud related to the issuance of the license or permit, the department will require the holder to retake the knowledge and skills tests for all endorsements and restrictions. The department will notify the license or permit holder at the holder's address of record that the license or permit holder has 30 days from being notified to make an appointment to retake all tests for the next available appointment or testing time. The test must be taken with the department unless prior written approval is obtained.  

Authorities

28.05.011;28.15.041;28.15.051;28.33.100

Notes

Reference

2 AAC 90.210
2 AAC 90.420
2 AAC 90.490
2 AAC 91.175

Authority

AS 28.05.011 AS 28.15.041 AS 28.15.051 AS 28.33.100 Editor's note: Before Register 178, July 2006, the substance of 2 AAC 90.250 appeared in 2 AAC 90.005. The substance of former 2 AAC 90.005 was relocated to 2 AAC 90.250 to place the substance of the regulation in its proper location in relation to new regulations adopted and located in 2 AAC 90 in accordance with Executive Order No. 99 (effective March 16, 1997), which transferred functions from the Department of Public Safety to the Department of Administration relating to title issuance and registration of motor vehicles, licensing of drivers, driver counseling, licensing of driver training schools, and enforcement of the Motor Vehicle Safety Responsibility Act and the Alaska Mandatory Automobile Insurance Act. ________________________

History

Eff. 7/1/2006, Register 178; am 1/1/2011, Register 196; am 6/27/2014, Register 210; am 10/10/2014, Register 212

References

2.90.250;2.90.005;2.90