Section 45.75.131. Issuance of citations.

   (a) A peace officer or an employee of the Department of Transportation and Public Facilities who is authorized by the commissioner of transportation and public facilities to enforce this chapter may issue a citation to a person who
        (1) violates a weight, size, or load limitation adopted by the Department of Transportation and Public Facilities under AS 19.10.060;
        (2) violates the terms of an overweight or oversize vehicle permit issued under AS 19.10.060(b);
        (3) violates a regulation adopted under AS 19.10.060(b) or (c), AS 28.05.011(a)(2), or AS 45.75.050(b)(5); or
        (4) commits a violation identified under AS 45.75.380.
   (b) A citation issued under this section must comply with the standards adopted under AS 12.25.175 - 12.25.230. A person receiving the citation is not required to sign a promise to appear in court.
   (c) The time specified in the notice to appear on a citation issued under this section must be at least five working days after the issuance of the citation.
   (d) The commissioner of public safety is responsible for the issuance of books containing appropriate citations and shall maintain a record of each book and each citation contained in it. The commissioner of public safety shall require and retain a receipt for every book issued to an employee of the Department of Transportation and Public Facilities designated by the commissioner of transportation and public facilities to provide investigative services to enforce provisions of this chapter.
   (e) On or before the 10th working day after issuance, a peace officer or an employee who issues a citation under this section shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The peace officer or employee who issued the citation may not dispose of it or copies of it or of the record of its issuance except as required under this subsection and (f) of this section.
   (f) The commissioner of public safety shall require the return of a copy of every citation issued under this section and of all copies of every citation that has been spoiled or on which an entry has been made and not issued to an alleged violator. The commissioner of public safety shall also maintain in connection with every citation issued a record of the disposition of the charge by the court in which the original or copy of the citation was deposited.
   (g) A citation issued under this section is considered to be a lawful complaint for the purpose of prosecution.
   (h) Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, or bail has been forfeited under AS 45.75.133, a person who fails to appear in court to answer a citation issued under this section, regardless of the disposition of the charge for which the citation was issued, is guilty of failure to obey a citation under AS 12.25.230(b).

Notes

Implemented As

17 AAC 25.240
17 AAC 25.335
17 AAC 25.340

References

17 AAC 25.900

History

(Sec. 2 ch 85 SLA 1987; am Sec. 2 ch 15 SLA 1994; am E.O. No. 98 Sec. 13, 14 (1997); am E.O. No. 99 Sec. 72 (1997); am Sec. 19 ch 48 SLA 1998; am Sec. 50 - 54 ch 29 SLA 2010)