Section 28.33.130. Out-of-service orders.

   (a) A person may not operate a commercial motor vehicle or be on duty
        (1) if, within the preceding four hours, the person
             (A) consumed or was under the influence of
                  (i) an alcoholic beverage;
                  (ii) a controlled substance not prescribed by a physician; or
                  (iii) a controlled substance prescribed by a physician that might impair a person's ability to operate a commercial motor vehicle; or
             (B) had any measurable alcohol concentration within the blood or breath or any detectable presence of alcohol;
        (2) while in possession of an alcoholic beverage or a controlled substance not prescribed by a physician unless
             (A) the alcoholic beverage or controlled substance is manifested and documented as part of an authorized shipment of cargo; or
             (B) under AS 04, the alcoholic beverage may be legally served to passengers being carried for hire;
        (3) after being placed out of service for violation of a regulation adopted under AS 19.10.060(c) or AS 28.05.011; or
        (4) with an invalid operator's or commercial operator's license.
   (b) An employer, or a peace officer, who has reasonable grounds to believe that a person has violated (a) of this section, shall immediately give the person a written notice ordering the person out of service. If it is not possible to issue a written out of service order, a verbal order may be issued. An employer may not knowingly allow, require, permit, assign, or authorize a person to operate a commercial motor vehicle or be on duty during a period in which
        (1) the person has been ordered out of service under this section; or
        (2) the person has violated (a) of this section, even if an out-of-service order has not been issued.
   (c) A person who is ordered out of service
        (1) may not operate a commercial motor vehicle or be on duty for 24 hours following issuance of the out-of-service order; and
        (2) shall report that fact, in writing,
             (A) within 24 hours to the person's employer; and
             (B) within 30 days to the department if the person possesses a commercial motor vehicle license.
   (d) In this section, "on duty" means the period of time in which a person is
        (1) required by the person's employer to be ready to immediately operate a commercial motor vehicle, including time spent waiting to be assigned to operate a commercial motor vehicle;
        (2) inspecting, servicing, or conditioning a commercial motor vehicle;
        (3) in or upon a commercial motor vehicle, except time spent resting in a sleeper berth;
        (4) loading or unloading, or supervising the loading or unloading of, a commercial motor vehicle, or giving or receiving receipts for shipments loaded or unloaded;
        (5) taking action, as required by state or federal law, following an accident involving a commercial motor vehicle; or
        (6) repairing or obtaining assistance for a disabled commercial motor vehicle.

Authorities

28.15.165;28.33.031;28.33.150;28.35.029

Notes

Implemented As

2 AAC 90.045

References

2 AAC 90.310
AS 28.15.165 Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests.
AS 28.33.031 Implied consent for operators of commercial motor vehicles.
AS 28.33.150 Driving a commercial motor vehicle without being lawfully licensed.
AS 28.35.029 Open container.

History

(Sec. 19 ch 3 SLA 1992; am Sec. 21 ch 6 FSSLA 1996; am E.O. No. 99 Sec. 54 (1997); am Sec. 2 ch 80 SLA 2003)