Section 09.65.315. Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage.

   (a) A person is not liable beyond the limits of any applicable insurance policy purchased by or on behalf of the owner of the vehicle, or the taxicab or limousine company or the company's owner, agents, or employees, for damages resulting from a motor vehicle accident if the person was driving a vehicle involved in the accident and
        (1) before the accident, started driving the vehicle involved in the accident from or near licensed premises;
        (2) is, at the time of the accident, a person employed in the course and scope of employment to or under contract to drive a taxicab or limousine, a taxicab or limousine owner, a holder of a taxicab or limousine permit issued by a municipality, or an owner or employee of a company that dispatches taxicabs or limousines;
        (3) was not under the influence of an alcoholic beverage, inhalant, or controlled substance at the time of the accident;
        (4) was driving the vehicle to the motor vehicle owner's residence or designated residential location at the request of the motor vehicle owner or operator or a law enforcement officer; and
        (5) was driving the vehicle because the motor vehicle owner or operator was under the influence of an alcoholic beverage or reasonably believed to be under the influence of an alcoholic beverage.
   (b) A person licensed under AS 04.11.080 - 04.11.255, or an agent or employee of the person, is not liable for damages resulting from a motor vehicle accident described under (a) of this section. A person or entity that participates in making arrangements for transportation of a vehicle under (a) of this section is not liable for damages resulting from a motor vehicle accident described in (a) of this section.
   (c) This section does not
        (1) preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct;
        (2) limit the ability of a person to recover damages under any applicable uninsured or underinsured motor vehicle insurance coverage; or
        (3) limit the ability of a person to recover damages under any applicable liability insurance coverage purchased by or on behalf of the person being transported under (a) of this section.
   (d) A motor vehicle owner is considered to have given consent to another person to drive the owner's motor vehicle if the other person is involved in an accident and the provisions of (a) of this section apply to the other person.
   (e) In this section,
        (1) "controlled substance" has the meaning given in AS 28.33.190;
        (2) "inhalant" has the meaning given to the phrase "hazardous volatile material or substance" in AS 47.37.270;
        (3) "licensed premises" has the meaning given in AS 04.21.080.

Notes

History

(Sec. 2 ch 15 SLA 2011)