Section 19.10.399. Definitions.

In AS 19.10.300 - 19.10.399,
        (1) "commercial motor vehicle" means a self-propelled or towed vehicle
             (A) used to transport passengers or property for commercial purposes;
             (B) used upon a highway or vehicular way; and
             (C) that
                  (i) has a gross vehicle weight rating or gross combination weight rating greater than 10,000 pounds for vehicles used in interstate commerce and 14,000 pounds for vehicles used in intrastate commerce; or
                  (ii) is designed to transport more than 15 passengers, including the driver;
             (D) except that the following vehicles meeting the criteria in (A) - (C) of this paragraph are not commercial motor 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;
                  (iii) school buses;
                  (iv) vehicles owned and operated by the federal government unless the vehicle is used to transport property of the general public for compensation in competition with other persons who own or operate a commercial motor vehicle subject to AS 19.10.310 - 19.10.399, and except to the extent that regulation of vehicles operated by the federal government is permitted by federal law; and
                  (v) vehicles used exclusively for purposes other than commercial purposes;
        (2) "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;
        (3) "commissioner" means the commissioner of transportation and public facilities;
        (4) "department" means the Department of Transportation and Public Facilities;
        (5) "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;
        (6) "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle;
        (7) "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;
        (8) "motor vehicle" means a vehicle that is self-propelled except a vehicle moved by human or animal power;
        (9) "official traffic-control device" means a sign, signal, marking, or other device not inconsistent with AS 28, placed or erected by authority of a state or municipal agency or official having jurisdiction, for the purpose of traffic regulating, warning, and guiding;
        (10) "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;
        (11) "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;
        (12) "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;
        (13) "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.

Authorities

19.10.300

Notes

Implemented As

17 AAC 25.230
17 AAC 25.240
17 AAC 25.250

References

17 AAC 25.250
17 AAC 25.310
AS 19.10.300 Financial responsibility.

History

(E.O. No. 98 Sec. 4 (1997); am Sec. 6 ch 48 SLA 1998; am Sec. 13 ch 33 SLA 1999; am Sec. 3 ch 4 SLA 2013)