Section 28.22.041. Administrative suspension of drivers' licenses.

   (a) Except as provided in (h) of this section, if a person fails to provide proof required under AS 28.22.021 and 28.22.031, the department shall suspend the driver's license of that person for the following periods:
        (1) not less than 90 days if, within the preceding 10 years, the person has not had a driver's license suspended for violation of AS 28.22.011 or former AS 28.22.200;
        (2) not less than one year if, within the preceding 10 years, the person has had a driver's license suspended one or more times for violation of AS 28.22.011 or former AS 28.22.200.
   (b) The suspension shall be consecutive to any other suspension required by law or imposed by a court.
   (c) The department may grant limited license privileges only for medical care or for work purposes to a person whose license has been suspended under this section if
        (1) the person has filed proof of financial responsibility for the future as required by AS 28.22.061;
        (2) the person's license has not been suspended two or more times under this section or former AS 28.22.240 in the preceding 10 years;
        (3) the department determines that the person's or the person's dependent's medical care needs cannot be met without severe hardship or the person's ability to earn a livelihood would be severely impaired unless a limited license privilege is granted; and
        (4) the department determines that a limitation can be placed on the license that will enable the person or the person's dependent to receive medical care or the person to earn a livelihood without excessive danger to the public.
   (d) When imposing a limitation under this section the department shall
        (1) require the surrender of the driver's license; and
        (2) issue to the licensee a certificate valid for the duration of the limitation.
   (e) After the termination of a limitation as shown on the certificate issued under (d) of this section, the license of a person on whom a limitation was imposed is suspended until the person receives a new license under AS 28.15.211(c).
   (f) The department shall notify the licensee that the suspension becomes effective 30 days from the date of the notice and that the licensee has the right, within the 30-day period, to make an oral or written answer controverting any point or issue, or to present evidence and arguments for the consideration of the department. Notwithstanding AS 28.05.121, the department shall provide this notice to the address that appears to be the most recently provided from among the following:
        (1) the address the department has for the person;
        (2) the address shown on the report of the accident.
   (g) Upon receipt of an oral or written answer from the licensee the department shall make findings on the matter under consideration within 15 days and shall notify the person involved of its decision in writing by certified or registered mail. If the department's decision is to sustain an action against the licensee's driver's license, the department shall notify the licensee of the opportunity for a hearing under AS 28.05.121 - 28.05.141. Suspension of a person's license is stayed until final disposition of the hearing under this section.
   (h) Subsection (a) does not apply to a person who is required to provide proof under AS 28.22.021 if the person
        (1) is involved in an accident that results in property damage of less than $2,000 and the damage occurs only to the property of the person required to show proof of insurance;
        (2) not later than 15 days after the accident, provides proof of motor vehicle liability insurance that complies with this chapter or a certificate of self-insurance that complies with AS 28.20.400 to the department; and
        (3) establishes by a preponderance of the evidence that the failure to have in effect motor vehicle liability insurance or to self-insure as required by this chapter at the time of the accident was due to circumstances beyond the control of the person.

Authorities

28.01.015;28.15.291;28.22.061

Notes

Implemented As

2 AAC 90.110
2 AAC 90.530
2 AAC 90.540
2 AAC 93.010
2 AAC 93.020
2 AAC 93.030
2 AAC 93.990

References

2 AAC 90.530
2 AAC 90.540
AS 28.01.015 Municipal impoundment and forfeiture.
AS 28.15.291 Driving while license canceled, suspended, revoked, or in violation of a limitation.
AS 28.22.061 Proof for the future.

History

(Sec. 1 ch 108 SLA 1989; am Sec. 1 ch 57 SLA 1992; am Sec. 18 ch 6 FSSLA 1996; am Sec. 4 ch 74 SLA 2008)