Section 28.33.190. Definitions.

In this chapter,
        (1) "alcoholic beverage" has the meaning given in AS 04.21.080(b);
        (2) "commerce" means
             (A) any trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of the United States; and
             (B) trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in (A) of this paragraph;
        (3) "commercial driver's license" means a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 C.F.R. 383, to an individual authorizing the individual to operate a class of a commercial motor vehicle;
        (4) "commercial motor vehicle" has the meaning given in AS 28.90.990;
        (5) "controlled substance" means any substance listed as being controlled under AS 11.71 or 21 U.S.C. 812 - 813, or determined under federal regulations to be controlled for purposes of 21 U.S.C. 801 - 813 (Controlled Substances Act);
        (6) "conviction" means an unvacated adjudication or conviction of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative agency, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated;
        (7) "disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle;
        (8) "disqualified" means that a person's privilege to drive a commercial motor vehicle has been withdrawn;
        (9) "domicile" means a state of the United States where a person has the person's true, fixed, and permanent home and principal residence and to which the person has the intention of returning whenever the person is absent;
        (10) "drive a commercial motor vehicle" means to affect the movement, attempt to affect the movement, or to be in actual physical control, of a commercial motor vehicle in motion, excluding slight motion incidental to loading, unloading, servicing, or inspecting the vehicle;
        (11) "employer" means a person who
             (A) provides compensation to a person who operates a commercial motor vehicle, including wages or other remuneration, whether through an employment relationship or by contract; or
             (B) acts as an agent of someone who provides compensation to a person who operates a commercial motor vehicle, with authority to allow, require, permit, assign, or authorize the person being compensated to operate a commercial motor vehicle;
        (12) "hazardous material" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. 73;
        (13) "imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding by the United States Department of Transportation begun to lessen the risk of that death, illness, injury, or endangerment;
        (14) "operating a commercial motor vehicle" means
             (A) to drive a commercial motor vehicle; or
             (B) whether or not the vehicle is in motion, or is capable of being moved, to be in actual physical control, or to attempt to affect the movement, of a commercial motor vehicle;
        (15) "out-of-service order" means an order issued under regulations adopted under AS 19.10.060(c) or AS 28.05.011 that prohibits an owner or operator of a commercial motor vehicle from operating a commercial motor vehicle; and
        (16) "serious traffic violation" means
             (A) speeding 15 miles per hour or more above the posted limit;
             (B) reckless or negligent driving, in violation of AS 28.35.400 or 28.35.410 or an ordinance with substantially similar elements;
             (C) violation of a provision of this title, or a regulation adopted under this title, relating to improper lane changes or following too closely, or an ordinance with substantially similar elements;
             (D) violation of a law or ordinance relating to traffic control, which was determined by the court by a preponderance of the evidence to have been a factor in causing physical injury to a person;
             (E) driving a commercial motor vehicle without obtaining a license to drive a commercial motor vehicle;
             (F) driving a commercial motor vehicle without a license to drive a commercial motor vehicle in the driver's possession; however, if an individual provides proof to the department by the date that the individual was required to appear in court or pay any fine for that violation that the individual held a valid license to drive a commercial motor vehicle on the date the citation was issued, the driving may not be considered as a serious traffic violation under this paragraph;
             (G) driving a commercial motor vehicle without the proper class of license to drive a commercial motor vehicle and any required endorsements for the specific vehicle group being operated, or for the passengers or type of cargo being transported; or
             (H) driving a commercial motor vehicle in violation of AS 28.35.161.

Authorities

9.65.315;28.15.031;28.15.219;28.35.039;28.35.029

Notes

References

AS 9.65.315 .315">Sec. 09.65.315. Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage.
AS 28.15.031 Persons not to be licensed.
AS 28.15.219 Definitions.
AS 28.35.039 Definitions for AS 28.35.029 - 28.35.039.

History

(Sec. 3 ch 53 SLA 1990; am Sec. 20 ch 3 SLA 1992; am Sec. 6 ch 55 SLA 1994; am Sec. 24 ch 6 FSSLA 1996; am Sec. 17 ch 33 SLA 1999; am Sec. 4 ch 80 SLA 2003; am Sec. 25, 26, 31 ch 23 SLA 2007; am Sec. 13 ch 80 SLA 2014)