Current through August 30, 2024
(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 March 15, 2023 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 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 more than 15
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 more than 15
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) repealed 12/6/2018;
(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 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 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 with the FMCSA every 24 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 report required under (d) or (e) of
this section shall be filed with the FMCSA electronically.
(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 more than 15 individuals,
including the driver.
The website for electronic filing with the Federal Motor
Carrier Safety Administration (FMCSA) is
https://portal.fmcsa.dot.gov/UrsRegistrationWizard/.
Questions relating to the motor carrier identification report form may be
directed to FMCSA at 1-800-832-5660.
As of Register 230 (July 2019), the regulations attorney
made technical revisions under
AS
44.62.125(b)(6), to
17 AAC 25.210 (a) and (b).
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
