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, operation,
or driving of commercial motor vehicles, adopted by the United States
Department of Transportation and contained in 49 C.F.R. Part 395 (hours of
service of drivers), as revised as of March 15, 2023 and adopted by reference,
except as provided in (b) of this section.
(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(1) repealed 4/12/2013;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
Driver/Vehicle Examination Report form and deliver the copy of the form
personally, by electronic mail, or by mail to the division not later than 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(4) repealed 4/12/2013.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 more than 15 individuals,
including the driver.
(d)
A commercial motor vehicle operating in interstate 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 49
C.F.R. 395.20-
395.38 (electronic logging devices
(ELDs)), unless the commercial motor vehicle is
(1) 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
(2) designed or used to
transport more than 15 passengers, including the driver.
(3) the driver does not drive more than 15
hours in a 24 hour period, regardless of the number of motor carriers using the
drivers's services;
(4) the driver
does not drive after accumulating 168 on-duty hours in 14 consecutive days,
regardless of the number of employers using the driver's services;
and
(5) the motor carrier that
employs the driver maintains and retains for a period of 6 months accurate and
true time records showing:
(A) the time the
driver reports for duty each day;
(B) the total number of hours the driver is
on duty each day;
(C) the time the
driver is released from duty each day; and
(D) the total time for the preceding 7 days
in accordance with 49 C.F.R.
395.8(j)(2) for drivers used
for the first time or intermittently.
The address for submitting the certification of compliance
portion of the Driver/Vehicle Examination I 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 Compliance, 11900 Industry Way, Building M,
Suite 2, Anchorage, Alaska 99515-3567.
Authority:AS
19.05.010
AS 19.05.020
AS 19.05.040
AS 19.10.060
AS
19.10.370
