Section 45.75.380. Offenses and penalties.

   (a) A person commits a violation subject to the penalty specified in AS 12.55.035(b)(7) if the person does one or more of the following acts:
        (1) uses or has in possession for the purpose of using for a commercial purpose specified in AS 45.75.080, sells, offers, or exposes for sale, or hire, or has in possession for the purpose of selling or hiring, an incorrect weight or measure or a device or instrument used to or calculated to falsify a weight or measure;
        (2) uses or has in possession for current use, in buying or selling a commodity or thing, or for hire or award, or in the computation of a basic charge or payment for services rendered on the basis of weight or measurement, or in the determination of weight or measurement when a charge is made for determination, a weight or measure that has not been tested and sealed by the appropriate authority within one year, unless
             (A) the person gives written notice to the appropriate authority to the effect that the weight or measure is available for examination, or is due for reexamination, as the case may be;
             (B) the person receives specific written permission to use the weight or measure from the appropriate authority; or
             (C) the weight or measure is exempt from sealing or annual testing requirements by AS 45.75.080 or by a regulation adopted under AS 45.75.050;
        (3) disposes of a rejected or condemned weight or measure in a manner contrary to law or regulation;
        (4) removes from a weight or measure, contrary to law or regulation, a tag, seal, or mark placed on it by the appropriate authority;
        (5) sells or offers for sale less than the quantity the person represents of a commodity, thing, or service;
        (6) takes more than the quantity the person represents of a commodity, thing, or service when, as buyer, the person furnished the weight or measure that the seller used to determine the amount of the commodity, thing, or service;
        (7) keeps for the purpose of sale, advertises, or offers for sale, or sells a commodity, thing, or service in a condition or manner contrary to law or regulation;
        (8) uses in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that a customer may accurately read, from a position that may reasonably be assumed by a customer, its indications and observe the weighing or measuring operation;
        (9) hinders or obstructs the director, an inspector, a sealer, or a deputy sealer in the performance of official duties under this chapter;
        (10) violates a provision of an overweight or oversize vehicle permit issued under AS 19.10.060(b);
        (11) violates a weight, load, or size limitation established under AS 19.10.060 or a regulation adopted under AS 19.05.020, AS 19.10.060, or AS 45.75.050(b)(5);
        (12) violates a provision of this chapter or a regulation adopted under this chapter for which a specific penalty is not prescribed.
   (b) Notwithstanding the maximum fine for a violation provided under (a) of this section, a person who does one or more of the acts in (a)(10) or (11) of this section, shall pay a penalty as follows:
        (1) if the vehicle is 1,001 - 2,000 pounds overweight, the fine is $100;
        (2) if the vehicle is 2,001 - 4,000 pounds overweight, the fine is $.07 for each pound over the weight limitation;
        (3) if the vehicle is 4,001 - 6,000 pounds overweight, the fine is $.09 for each pound over the weight limitation;
        (4) if the vehicle is 6,001 - 10,000 pounds overweight, the fine is $.12 for each pound over the weight limitation;
        (5) if the vehicle is 10,001 or more pounds overweight, the fine is $.15 for each pound over the weight limitation.

Authorities

21.36.307;45.75.131

Notes

Implemented As

17 AAC 90.925
17 AAC 90.935
17 AAC 90.990

References

17 AAC 25.210
17 AAC 25.320
AS 21.36.307 Effect of overweight vehicle offenses on personal automobile insurance.
AS 45.75.131 Issuance of citations.

History

(Sec. 39 ch 101 SLA 1961; am Sec. 3, 4 ch 85 SLA 1987; am E.O. No. 98 Sec. 15 (1997); am Sec. 20 ch 48 SLA 1998; am Sec. 3 ch 131 SLA 2002; am Sec. 2 ch 81 SLA 2006)