AS Title 28, Chapter 90: General and Miscellaneous Provisions

Article 1. Miscellaneous Provisions. Chapter 90. General and Miscellaneous Provisions. Sec. 28.90.010. Penalties for violations of law, regulations, and municipal ordinances. (a) It is a misdemeanor for a person to violate a provision of this title unless the violation is by this title or other law declared to be a felony or an infraction. (b) A person convicted of a misdemeanor for a violation of a provision of this title for which another penalty is not specifically provided is punishable by a fine of not more than $500, or by imprisonment for not more than 90 days, or by both. In addition, the privilege to drive or the registration of vehicles may be suspended or revoked. (c) Unless otherwise specified by law a person convicted of a violation of a regulation adopted under this title, or a municipal ordinance regulating vehicles or traffic when the municipal ordinance does not correspond to a provision of this title, is guilty of an infraction and is punishable by a fine not to exceed $300. (d) An infraction, as provided for in (c) of this section, is not considered a criminal offense and may not result in imprisonment, nor is a fine imposed for the commission of an infraction considered a penal or criminal punishment; nor may the commission of a single infraction result in the loss of a driver's license or privilege to drive in this state except as may result from the accumulation of points under AS 28.15.221 — 28.15.261, or the registration of vehicles; nor does a person cited with an infraction have a right to trial by jury or to court-appointed counsel. (e) [Repealed, § 5 ch 85 SLA 1987.] Sec. 28.90.020. Breath test result validity. Except for an offense under AS 28.35.280 , if an offense described under this title requires that a chemical test of a person's breath produce a particular result, and the chemical test is administered by a properly calibrated instrument approved by the Department of Public Safety, the result described by statute is not affected by the instrument's working tolerance. Sec. 28.90.030. Fines for offenses committed within highway work zones and traffic safety corridors doubled. (a) Whenever a person violates a provision of this title or a regulation adopted under the authority of this title within a highway work zone or traffic safety corridor, notwithstanding the amount of the fine or the maximum fine set under this title, the fine, or maximum fine, is double the amount provided in this title. (b) Fines imposed and collected under this section for offenses that are committed in a traffic safety corridor shall be separately accounted for under AS 37.05.142 . (c) Notwithstanding the requirements of (b) of this section and AS 37.05.142 , the Alaska Court System shall deposit fines collected under this section for offenses committed in a traffic safety corridor in the general fund if the fine is collected at a court location where separate accounting for traffic safety corridor fines is not achievable. (d) The administrative director of the Alaska Court System shall notify the Department of Administration (1) of court locations where separate accounting under (b) of this section is not achievable; and (2) when a court location identified under (1) of this subsection becomes able to separately account for fines under (b) of this section. Sec. 28.90.035. Prohibition of damage claims regarding highway work zone signs. A claim for damages may not be made against the state or its officers, employees, or agents for an act or omission relating to the designation of and erection of signs regarding a highway work zone. Sec. 28.90.040. Administration of highway safety program. The governor may contract and do all other things necessary on behalf of this state under 23 U.S.C. 401 — 404 (Highway Safety Act of 1966), and may cooperate with interested persons and agencies to effectuate the purposes of that Act. Contracting under this section is governed by AS 36.30 (State Procurement Code). The governor may designate a person to serve as the governor's highway safety representative; however, the governor is the official in this state having the ultimate responsibility for dealing with the federal government with respect to programs and activities under the Federal Highway Safety Act of 1966. The governor shall coordinate the activities relating to highway safety of state departments, agencies, and subdivisions. Article 2. General Provisions. Sec. 28.90.990. Definitions for title. (a) Unless otherwise specifically defined or unless the context otherwise requires, in this title and in regulations adopted under this title (1) “cancel” means to annul or terminate, by formal action of the department, a certification, registration, license, permit, or privilege issued or allowed under this title or regulations adopted under this title, because of an error or defect in the document issued or the application for issuance or because the person holding the document is no longer entitled to it; (2) “commercial driver's license” includes a non-domiciled commercial driver's license; (3) “commercial instruction permit” includes a non-domiciled commercial instruction permit; (4) “commercial motor carrier” means a person that provides transportation for compensation, or that provides a vehicle to a person or entity that provides transportation for compensation, including the person's agents, officers, representatives, employees responsible for hiring, supervising, training, assigning, or dispatching of drivers, and employees overseeing the safety, installation, inspection, and maintenance of motor vehicle equipment and accessories. (5) “commercial motor vehicle” means a motor vehicle or a combination of a motor vehicle and one or more other vehicles (A) used to transport passengers or property; (B) used upon a land highway or vehicular way; and (C) that (i) has a gross vehicle weight rating or gross combination weight rating greater than 26,000 pounds; (ii) is designed to transport more than 15 passengers, including the driver; or (iii) is used in the transportation of materials found by the United States Secretary of Transportation to be hazardous for purposes of 49 U.S.C. 5101 — 5127; (D) except that the following vehicles meeting the criteria in (A) — (C) of this paragraph are not commercial vehicles: (i) emergency or fire equipment that is necessary to the preservation of life or property; (ii) farm vehicles that are controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from that farmer's farm; not used in the operations of a common or contract motor carrier; and used within 150 miles of the farmer's farm; and (iii) recreational vehicles used exclusively for purposes other than commercial purposes; (6) “commercial purposes” means activities for which a person receives direct monetary compensation or activities for which a person receives no direct monetary compensation but that are incidental to and done in furtherance of the person's business; (7) “commissioner” means the commissioner of administration; (8) “criminal justice information” has the meaning given in AS 12.62.900 ; (9) “custom collector vehicle” means a vehicle whose body and frame were manufactured before 1949 or a replica of a vehicle whose body and frame were manufactured before 1949 and that has been modified for safe road use; in this paragraph, “modified” includes a material alteration of the drive-train, suspension, brake system, or dimensions of the body; (10) “department” means the Department of Administration; (11) “driver” means a person who drives or is in actual physical control of a vehicle; (12) “driver's license” or “license,” when used in relation to driver licensing, means a license, provisional license, or permit to drive a motor vehicle, or the privilege to drive or to obtain a license to drive a motor vehicle, under the laws of this state whether or not a person holds a valid license issued in this or another jurisdiction; (13) “driver's license that is federally compliant” means a driver's license issued by the state that has been certified by the United States Department of Homeland Security to be in compliance with the requirements of P.L. 109-13, Division B (REAL ID Act of 2005); (14) “electric personal motor vehicle” means an electric personal assistive mobility device that is a self-balancing vehicle with two nontandem wheels, designed to transport only one person, has an electric propulsion system, and has a maximum speed of not more than 15 miles an hour; (15) “gross combination weight rating” means the value specified by the manufacturer as the loaded weight of a combination vehicle, except that if a value has not been specified by the manufacturer, the gross combination weight rating is determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and the load on the towed unit; (16) “gross vehicle weight rating” means the value specified by the manufacturer as the loaded weight of a single vehicle; (17) “highway” means the entire width between the boundary lines of every way that is publicly maintained when a part of it is open to the public for purposes of vehicular travel, including but not limited to every street and the Alaska state marine highway system but not vehicular ways or areas; (18) “highway work zone” means an area identified by advance signing where road construction, repair, or maintenance work is being done on or adjacent to a highway, whether or not work is actually being done at that time; (19) “low-speed vehicle” means a motor vehicle that has four wheels, that was manufactured to be capable of propelling itself and achieving a minimum speed of 20 miles an hour and a maximum speed of 25 miles an hour, that has not been modified to have a maximum speed greater than 25 miles an hour, and that meets weight, equipment, and safety standards set by the department by regulation; weight, equipment, and safety standards shall be consistent with, and may not exceed, federal standards; (20) “motor vehicle” means a vehicle which is self-propelled except a vehicle moved by human or animal power; (21) “motorcycle” means a vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; the term does not include a tractor; (22) “motor-driven cycle” means a motorcycle, motor scooter, motorized bicycle, or similar conveyance with a motor attached and having an engine with 50 or less cubic centimeters of displacement; (23) “official traffic-control device” means a sign, signal, marking, or other device not inconsistent with this title, placed or erected by authority of a state or municipal agency or official having jurisdiction, for the purpose of traffic regulating, warning, and guiding; (24) “owner” means a person, other than a lienholder, having the property in or title to a vehicle, including but not limited to a person entitled to the use and possession of a vehicle subject to a security interest in another person, but exclusive of a lessee under a lease not intended as security; (25) “physical injury” has the meaning given in AS 11.81.900 ; (26) “revoke” means the termination, by formal action of the Department of Public Safety or the Department of Administration or by formal action of a court, of a certification, registration, license, permit, or privilege issued or allowed under this title or regulations adopted under this title; the certification, registration, license, permit, or privilege may not be reissued, renewed, or restored during the time for which revoked; however, after that time, an application for a new certificate, registration, license, permit, or privilege may be made; (27) “roadway” means that portion of a highway designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder, even though the sidewalk, berm, or shoulder is used by persons riding bicycles or other human powered vehicles; and in the event that a highway includes two or more separate roadways, the term refers to each roadway separately but not to all such roadways collectively; (28) “serious physical injury” has the meaning given in AS 11.81.900 (b); (29) “suspend” means the temporary withdrawal, by formal action of the Department of Public Safety or the Department of Administration or by formal action of a court, of a certificate, registration, license, permit, or privilege issued or allowed under this title or regulations adopted under this title, effective for a period of time which must be specifically designated by the appropriate department or by the court; (30) “traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using a highway or vehicular way or area that is open to public use for purposes of travel; (31) “traffic safety corridor” means a portion of a highway on which signs have been erected designating that portion as a traffic safety corridor under AS 19.10.075 ; (32) “underinsured motor vehicle” means a motor vehicle licensed for highway use with respect to ownership, operation, maintenance, or use for which there is a bodily injury or property damage insurance policy or a bond applicable at the time of an accident and the amount of insurance or bond is less than the amount the covered person is legally entitled to recover for bodily injury or property damage from the owner or operator of the underinsured motor vehicle; (33) “vehicle” means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area; “vehicle” does not include (A) devices used exclusively upon stationary rails or tracks; (B) mobile homes; (34) “vehicular way or area” means a way, path, or area, other than a highway or private property, that is designated by official traffic control devices or customary usage and that is open to the public for purposes of pedestrian or vehicular travel, and which way or area may be restricted in use to pedestrians, bicycles, or other specific types of vehicles as determined by the Department of Public Safety or other agency having jurisdiction over the way, path, or area. (b) The commissioner of public safety or the commissioner of administration, as appropriate, shall adopt regulations to define other terms that are used in this title and in regulations adopted under this title. Sec. 28.90.995. Short title. This title and the regulations adopted under it may be cited as the Alaska Uniform Vehicle Code.