Alaska Administrative Code
Title 13 - Public Safety
Part 1 - Division of Alaska State Troopers
Chapter 40 - General Provisions
13 AAC 40.010 - Definitions
Universal Citation: 13 AK Admin Code 13 AAC 40.010
Current through August 30, 2024
(a) Unless otherwise provided or the context requires otherwise, in AS 28, 13 AAC 02, 13 AAC 04, and 13 AAC 05 of this title,
(1) "alley" means a street or highway
intended to provide access to the rear or side of lots or buildings in urban
districts and not intended for use by through vehicular traffic;
(2) "arterial street" means a United States
or state numbered route, controlled-access highway, or other major radial or
circumferential street or highway designated by a municipality within its
respective jurisdiction as part of an interlocking system of streets or
highways;
(3) "authorized emergency
vehicle" means a vehicle equipped as required by
13 AAC 04.090,
13 AAC 04.095, and
13 AAC 04.210 and which is used by
a publicly maintained fire or police department, airport security police, a
public or private ambulance service, a vehicle of a federal agency which is
designated as an emergency vehicle by that agency, or other vehicles designated
by the commissioner; the term does not include a person's private vehicle
equipped as provided by
13 AAC 04.100;
(4) "authorized flagman" means every person
who is directing or regulating traffic as required by statute, regulation or
ordinance, or by contract or agreement, and who is wearing and equipped with
the warning devices set out in the Alaska Traffic
Manual,published by the Department of Transportation and Public
Facilities;
(5) "bicycle" means a
vehicle propelled exclusively by human power upon which a person may ride,
having two tandem wheels or three wheels in contact with the ground, except
scooters and similar devices;
(6)
"bus" means every motor vehicle designed to transport 16 or more passengers
including the driver;
(7) "business
district" means the territory contiguous to and including a highway, other than
a controlled-access highway, when within any 600 feet along the highway there
are buildings in use for business or industrial purposes, including, but not
limited to, hotels, banks, office buildings, railroad stations or public
buildings other than schools which occupy at least 300 feet of frontage on one
side or 300 feet collectively on both sides of the highway; however, if the
highway is physically divided into two or more roadways, only those buildings
facing each roadway separately may be regarded;
(8) "centerline" means the line, marked or
unmarked, parallel to and approximately equidistant from the sides of a roadway
or highway, or a plainly marked dividing line on a roadway between lanes of
traffic traveling in opposite directions which may or may not be equidistant
from the sides of the roadway or highway;
(9) "controlled-access highway" means every
highway, street, or roadway where access to or from the highway is determined
by the public authority having jurisdiction over the highway, street or
roadway;
(10) "cowling" means the
forward or rear portion of a snowmobile surrounding the motor and clutch
assembly;
(11) "crosswalk" means
that portion of a roadway at an intersection which is between an extension of a
sidewalk which ends on the opposite side of the roadway or, in the absence of a
sidewalk, that portion of the roadway which is an extension of the edge of the
roadway to the opposite side of the roadway and between a parallel line 10 feet
from that extension in a direction away from the intersection, except as
modified by a marked crosswalk on a portion of a roadway at an intersection or
elsewhere which is distinctly indicated by lines or other markings on the
surface of the roadway;
(12)
"dazzle" means to cause a person to lose clear vision due to the effect of a
brilliantly shining light;
(13)
"dismantle" means the taking, removing, or stripping of parts of a vehicle so
that the vehicle cannot be used for its primary function without substantial
repair or reconstruction;
(14)
"divided highway" means a highway divided into two or more roadways by leaving
an intervening space or by a physical barrier or by a clearly indicated
dividing section;
(15)
"driveaway-towaway operation" means an operation in which a motor vehicle or a
trailer, singly or in combination, constitutes the commodity being transported,
when one or more sets of wheels of the towed vehicle are on the roadway during
the course of transportation, whether or not the towed vehicle furnishes motive
power;
(16) "emergency lifesaving
or medical services" means medical assistance given to a person whose
circumstances, in the opinion of a reasonably prudent person, are such that his
life or well-being is endangered;
(17) "explosives" means a chemical compound
or mechanical mixture that is commonly used or intended for the purpose of
producing an explosion, and which contains oxidizing and combustible units or
other ingredients in proportions, quantities, or packing that an ignition by
fire, friction, concussion, percussion, or detonation of a part of the compound
or mixture may cause a sudden generation of highly heated gases which are
capable of producing destructive effects on objects, life or limb;
(18) "flammable liquid" means a liquid which
has a flashpoint of 60 degrees centigrade (140 degrees Fahrenheit), or less, as
determined by tagliabue or equivalent closed-cup test device, and having a
vapor pressure not exceeding 40 pounds per square inch (absolute) at 37.8
degrees centigrade (100 degrees Fahrenheit); it includes a Class IIIA
"combustible liquid" as defined in the National Fire
Code,Volume I, 1967-68, and "cutback" or heated asphalt which has or
assumes a flashpoint of less than 93.3 degrees centigrade (200 degrees
Fahrenheit);
(19) "historic
vehicle" means a motor vehicle 30 years or more in age which is driven or moved
upon a highway for the primary purpose of historical exhibition or similar
activity;
(20) "implement of
husbandry" means a vehicle designed or adapted and used primarily for
agricultural, horticultural or livestock-raising operations and is only
incidentally moved upon the highway; it includes farm tractors used primarily
for drawing plows and mowing machines;
(21) "intersection" means the area within the
prolongation or connection of the lateral curblines or, if none, the lateral
boundary lines of the roadways of two highways which join one another
approximately at right angles, or the area within which vehicles traveling upon
different highways joining at any other angle meet; where a highway includes
two roadways 30 feet or more apart, every crossing of each roadway by an
intersecting highway is a separate intersection; if intersecting highways
include two roadways 30 feet or more apart, every crossing of the roadways of
the highways is a separate intersection; the junction of an alley with a street
or highway is not an intersection;
(22) "laned roadway" means a roadway which is
divided into two or more clearly marked lanes for vehicular traffic;
(23) "loading zone" means a space reserved
for the use of vehicles during the loading or unloading of passengers or
property;
(24) "manufacturer" means
a person in the business of construction or assembling vehicles required to be
registered under AS 28.10;
(25)
"manufacturer's statement of origin" means a statement or certificate of origin
and subsequent ownership of a vehicle until title to the vehicle is
issued;
(26) "metal tire" means a
tire or wheel whose surface in contact with the highway is wholly or partly
metal or other hard, nonresilient material, except a pneumatic tire
manufactured with metal studs attached to the surface to improve traction on
ice or snow, if the metal in contact with the roadway does not exceed three
percent of the total tire area in contact with the roadway;
(27) "mobile home" means a trailer in excess
of either 28 feet in length or eight feet in width that is designed,
constructed, and equipped for use as a dwelling or as a place of business,
storage or other off-highway purpose;
(28) "motor home" means a motor vehicle
designed, constructed, or used primarily as a dwelling, office or commercial
space;
(29) "new vehicle" means a
vehicle that has not been sold or registered in this or another jurisdiction;
it does not include a vehicle sold by a manufacturer or transporter to a dealer
or sold by a dealer to another dealer;
(30) "off-highway vehicle" means a vehicle
designed or adapted for cross-country operation over unimproved terrain, ice or
snow, and which has been declared by its owner at the time of registration and
determined by the department to be unsuitable for general highway use, although
the vehicle may make incidental use of a highway as provided in this title; it
does not include implements of husbandry and special mobile
equipment;
(31) "park" or "parking"
mean the standing of a vehicle, whether occupied or not; it does not include
the stopping temporarily for the purpose of and while actually engaged in
loading or unloading property or passengers;
(32) "passenger car" means a motor vehicle,
except motorcycles, motor-driven cycles, and off-highway vehicles designed for
carrying 10 passengers or less, and used primarily for the transportation of
persons;
(33) "pedestrian" means
any person afoot; it includes a person on skis or snowshoes;
(34) "pneumatic tire" means a tire in which
compressed air is designed to support the load;
(35) "pole trailer" means a vehicle without
motive power designed to be drawn by another vehicle and attached to the towing
vehicle by means of a reach, pole, or by being boomed or otherwise secured to
the towing vehicle, and ordinarily used for transporting long or irregularly
shaped loads such as poles, pipes, or structural members capable generally of
sustaining themselves as beams between the supporting connections;
(36) "police officer" means a person
authorized to direct or regulate traffic or to make arrest or issue a citation
for violations of traffic regulations;
(37) "private road or driveway" means a way
or place in private ownership used for vehicular travel by the owner or those
having express or implied permission from the owner;
(38) "railroad" means a carrier of persons or
property upon cars, other than streetcars, operated upon stationary
rails;
(39) "railroad sign or
signal" means a sign, signal or device erected by a state or local official or
by a railroad, and intended to give notice of the presence of railroad tracks
or the approach of a railroad train;
(40) "railroad train" means a diesel, steam,
electric or other motorized unit operated upon rails; it does not include
streetcars;
(41) "reconstructed
vehicle" means a vehicle required to be registered under AS 28.10 which is
materially altered from its original construction by the removal, addition, or
substitution of equipment which tends to conceal the identity of the vehicle or
substantially alters its appearance, model, type, or mode of driving or
movement;
(42) "residence district"
means the territory contiguous to and including a highway except a
controlled-access highway and not comprising a business district, if the
property fronting the highway for a continuous distance of 300 feet or more is
in the main improved with residences, or residences and buildings in use for
business;
(43) "right-of-way" means
the right of one vehicle or pedestrian to proceed in preference to another
vehicle or pedestrian approaching under circumstances of direction, speed and
proximity which give rise to danger of collision unless one grants precedence
to the other;
(44) "rotary traffic
island" means an island located in the center of a roundabout;
(45) "safety zone" means the area of space
officially set apart within a roadway for the exclusive use of pedestrians, and
which is protected or marked by signs which are plainly visible at the time it
is used as a safety zone;
(46)
"school bus" means every motor vehicle that complies with the color and
identification requirements set forth in the edition of Minimum
Standards for School Buses and Minimum Standards for Alaska School
Buses,which is in effect on the effective date of this section, and is
used to transport children to or from school or in connection with school
activities; it does not include buses operated by common carriers for the urban
transportation of school children;
(47) "semitrailer" means a vehicle with or
without motive power, other than a pole trailer, designed for carrying persons
or property, drawn by a motor vehicle, and constructed so that part of its
weight rests upon or is carried by another vehicle;
(48) "sidewalk" means that portion of a
street between the curblines or the lateral lines of a roadway and the adjacent
property lines, and intended for use by pedestrians;
(49) "snowmobile" means a motor vehicle
designed to travel over ice or snow, and supported in part by skis, belts,
cleats, or low-pressure tires;
(50)
"solid rubber tire" means a tire of rubber or other resilient material which
does not depend upon compressed air for the support of the load;
(51) "specially constructed vehicle" means a
vehicle required to be registered under AS 28.10, which is not originally
constructed under a distinctive name, make, model, or type by a generally
recognized manufacturer of vehicles and which is not materially altered from
its original construction;
(52)
"special mobile equipment" means a vehicle which is not designed or used
primarily for the transportation of persons or property and only incidentally
operated or moved over a highway, including but not limited to ditch digging
apparatus, well boring apparatus, construction and maintenance machinery such
as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than
truck tractors, ditchers, leveling graders, finishing machines, motor graders,
road rollers, scarifers, earthmoving carryalls and scrapers, power shovels and
drag lines, and self-propelled cranes and earthmoving equipment; it does not
include house trailers, mobile homes, off-highway vehicles, dump trucks,
truck-mounted transit mixers, cranes, or shovels, or other vehicles designed
for the transportation of persons or property to which machinery has been
attached;
(53) "stand" or
"standing" means the halting of a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged in receiving or
discharging passengers;
(54) "stop"
or "stopping" means a complete cessation from movement, or the halting, even
momentarily, of a vehicle, whether occupied or not, except when necessary to
avoid conflict with other traffic or in compliance with the directions of a
police officer or traffic-control sign or signal;
(55) "street" means a highway as defined in
AS 28;
(56) "through highway" means
a highway or portion of highway on which vehicular traffic has preferential
right-of-way, the entrances to which vehicular traffic from intersecting
highways is required by law to yield the right-of-way to vehicles on the
highway in obedience to a stop sign, yield sign, or other official
traffic-control device;
(57) "tow
car" means a motor vehicle which is equipped for towing vehicles by means of a
crane, hoist, tow bar, tow line or dolly, and is used primarily for towing or
otherwise rendering assistance to other vehicles;
(58) "trailer" means a vehicle, with or
without motive power, designed for carrying persons or property and for being
drawn by a motor vehicle; it includes semitrailers and pole trailers;
(59) "transporter" means a person in the
business of delivering vehicles which are required to be registered under AS
28.10 when the delivery is from a manufacturing, assembling, or distributing
plant to a dealer or sales agent of a manufacturer;
(60) "truck" means every motor vehicle
designed, used or maintained primarily for the transportation of
property;
(61) "truck-camper" means
a structure designed, used or maintained primarily to be loaded on, or affixed
to, a motor vehicle to provide a mobile dwelling, sleeping place, office or
commercial space;
(62)
"truck-tractor" means a motor vehicle designed and used primarily for drawing
other vehicles, which is not designed or constructed to carry a load other than
a part of the weight of the vehicle and load being drawn;
(63) "urban district" means the territory
contiguous to and including a street with structures devoted to business,
industry or dwelling houses situated at intervals of less than 100 feet for a
distance of at least a quarter of a mile;
(64) "vehicle identification number" means
the numbers and letters or other distinguishing marks designated by the
department for the purpose of identifying a vehicle or its parts, placed on an
engine, transmission, or other equipment by its manufacturer or by authority of
the department, or in accordance with the laws of another
jurisdiction;
(65) "wrecked
vehicle" means a vehicle which is so disabled that the whole vehicle cannot be
used for its primary function without substantial repair or
reconstruction;
(66) "roundabout"
means a circular intersection around a rotary traffic island, where two or more
roadways join and the vehicular traffic is directed to travel in a single
specified direction around the perimeter of the rotary traffic
island.
(67) "all purpose vehicle"
(A) means any self-propelled vehicle that is
designed to travel on wheels or tracks in contact with the ground and is
commonly used to transport persons for recreational purposes, including
vehicles such as four-wheel drive units, all-terrain vehicles (ATVs), or
utility terrain vehicles (UTVs)
(B)
does not include off- highway vehicles.
(b) In the defined term "highway work zone" in AS 28.40.100(a)(12), "an area identified by advanced signing" means that portion of a highway contained within the double-fine zone signs described in 17 AAC 99.010, revised as of 7/1/99 and adopted by reference, and as amended from time to time.
Authority:AS 28.05.011
AS 28.90.030
AS 28.90.990
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