2 AAC 90.005. Commercial motor vehicle driver's licenses

(a) The following provisions of 49 C.F.R. Part 383 (Commercial Driver's License Standards; Requirements and Penalties), as revised through October 1, 2003, are adopted by reference, except as provided in (b) of this section:

(1) 49 C.F.R. 383.71 (Driver Application Procedures);

(2) 49 C.F.R. 383.73 (State Procedures);

(3) 49 C.F.R. 383.95 (Air Brake Restrictions);

(4) 49 C.F.R. 383.110 - 383.123 (Subpart G: Required Knowledge and Skills), and the appendix to Subpart G;

(5) 49 C.F.R. 383.135 (Minimum Passing Scores).

(b) The federal regulations in 49 C.F.R. Part 383 that are adopted by reference in (a) of this section are revised as follows:

(1) the lead-in of 49 C.F.R. 383.71(b) is revised to read: "(b) License transfer. When applying to transfer a CDL from one state of domicile to this state, an applicant shall apply for a CDL from this state within no more than 30 days after establishing the applicant's new domicile. The applicant shall:";

(2) in 49 C.F.R. 383.71(b), "new State of domicile" is revised to read "the division";

(3) in the lead-in of 49 C.F.R. 383.71(e), "Administrator" is revised to read "director", and "a State which meets such standards" is revised to read "this state";

(4) in 49 C.F.R. 383.71(e)(2), "State which issued the CDL" is revised to read "division";

(5) in 49 C.F.R. 383.73, except where the term refers to a state other than this state, "State" is revised to read "division";

(6) the lead-in of 49 C.F.R. 383.73(b) is revised to read: "(b) License transfers. Before issuing a CDL to a person who has a CDL from another state, the division shall:";

(7) the first sentence of 49 C.F.R. 383.73(e) is revised to read: "A person domiciled in a foreign country must apply with the division for a nonresident CDL from this state if the director has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction of domicile do not meet the standards contained in 49 C.F.R. 383.71, 49 C.F.R. 383.73, 49 C.F.R. 383.95 - 383.123, and 49 C.F.R. 383.135.";

(8) in 49 C.F.R. 383.123(b)(1), "State" is revised to read "director";

(9) in the lead-in of 49 C.F.R. 383.123(b)(2), "State" is revised to read "division."

(1) "CDL" means commercial driver's license;

(2) "department" means the Department of Administration;

(3) "director" means the director of the division;

(4) "division" means the division of motor vehicles within the department.

History: Eff. 11/16/2004, Register 172

Authority: AS 28.05.011

AS 28.15.041

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