17 AAC 25.210. Safe operation of commercial motor vehicles

(a) A person driving a commercial motor vehicle, or a company whose business involves the operation of a commercial motor vehicle, upon a highway or vehicular way or area, shall comply with the regulations relating to the management, maintenance, operation, or driving of commercial motor vehicles, adopted by the United States Department of Transportation and contained in the following provisions, as revised as of October 1, 2003 and adopted by reference, except as provided in (b) of this section:

(1) 49 C.F.R. Part 385 (Safety Fitness Procedures);

(2) 49 C.F.R. Part 387 (Minimum Levels of Financial Responsibility for Motor Carriers);

(3) 49 C.F.R. Part 390 (Federal Motor Carrier Safety Regulations; General);

(4) 49 C.F.R. Part 391 (Qualifications of Drivers);

(5) 49 C.F.R. Part 392 (Driving of Commercial Motor Vehicles);

(6) 49 C.F.R. Part 393 (Parts and Accessories Necessary for Safe Operation);

(7) 49 C.F.R. Part 396 (Inspection, Repair, and Maintenance);

(8) 49 C.F.R. Part 397 (Transportation of Hazardous Materials; Driving and Parking Rules);

(9) 49 C.F.R. Part 399 (Employee Safety and Health Standards).

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

(1) 49 C.F.R. 387.9 is revised to read: "Intrastate carriers that operate only in this state and that engage in intrastate carriage only shall meet the minimum levels of financial responsibility set out in AS 19.10.300 .";

(2) 49 C.F.R. 390.5 is revised by replacing " Regional Director of Motor Carriers means the Field Administrator, Federal Motor Carrier Safety Administration, for a given geographical region of the United States." with " Regional Director of Motor Carriers means the Field Administrator, Federal Motor Carrier Safety Administration, for a given geographical region of the United States for purposes of carriers engaged in interstate commerce, and means the director of the division for purposes of carriers engaged in intrastate commerce.";

(3) 49 C.F.R. 390.21(b)(2) is revised to read: "The motor carrier identification number issued by the Federal Motor Carrier Safety Administration, preceded by the letters "USDOT," for vehicles engaged in interstate commerce; carriers engaged exclusively in intrastate commerce shall be assigned a state carrier number issued by the division.";

(4) the lead-in of 49 C.F.R. 390.21(e)(2)(iii)(B) is revised to read: "The identification number issued the renting motor carrier by the Federal Motor Carrier Safety Administration, preceded by the letters "USDOT," for vehicles engaged in interstate commerce, if the motor carrier has been issued such a number, and the state assigned carrier number issued by the division for vehicles engaged exclusively in intrastate commerce. In lieu of the identification number required in this paragraph, the following may be shown in the rental agreement:";

(5) 49 C.F.R. 391.11(b)(1) is revised to read: "For intrastate driving, has been issued a license under AS 28.33.100 (a)(1) - (3);";

(6) 49 C.F.R. 391.1 1(b)(2) is not adopted for carriers engaged in intrastate commerce;

(7) 49 C.F.R. 391.41(a) is revised to read: "A person may not drive a motor vehicle in interstate or intrastate commerce unless the person is physically qualified to do so and, except as provided in 49 C.F.R. 391.67, has in the person's actual possession the original, or a photographic copy, of a medical examiner's certificate that the person is physically qualified to drive a motor vehicle. A person, who was a regularly employed driver before April 1, 1992, is qualified to drive a motor vehicle in intrastate commerce, even if that person would not meet the medical standards in this part due to a preexistent physical or medical condition, if an examining physician determines during the biennial medical examination that the existing medical or physical condition, which would otherwise render the person not qualified under 49 C.F.R. Part 391, has not significantly worsened or another nonqualifying medical or physical condition has not manifested.";

(8) 49 C.F.R. 391.49(a) is revised to read: "A person who is not physically qualified to drive under 49 C.F.R. 391.41(b)(1) or (2) and who was otherwise qualified to drive a commercial motor vehicle on or before April 1, 1992, may drive a commercial motor vehicle in intrastate commerce.";

(9) 49 C.F.R. 391.61 is changed by replacing "January 1, 1971" with "April 1, 1992" in the section heading and is revised to read: "The provisions of 49 C.F.R. 391.21 (Application for Employment), 49 C.F.R. 391.23 (Investigations and Inquiries), and 49 C.F.R. 391.31 (Road Test), do not apply to a driver, as defined in 49 C.F.R. 390.5, engaged in intrastate commerce who has been a regularly employed driver of a motor carrier for a continuous period that began before April 1, 1992, as long as the driver continues to be a regularly employed driver of that motor carrier. Such a driver is qualified to drive a motor vehicle in intrastate commerce if the driver fulfills the requirements of 49 C.F.R. 391.11 (b)(1) and (3) - (9) (General Qualifications of Drivers).";

(10) 49 C.F.R. 393.3 is revised to read: "Nothing contained in 49 C.F.R. Parts 350 - 399 or another provision of law prohibits the use of additional equipment and accessories that are not inconsistent with or prohibited by 49 C.F.R. Parts 350 - 399 or another provision of law, unless the equipment and accessories decrease the safety of operation of the motor vehicle on which they are used.";

(11) in 49 C.F.R. 393.90, for buses engaged in intrastate commerce, "the Federal Motor Carrier Safety Administration's regulations" is revised to read "state regulations";

(12) 49 C.F.R. 396.9(a) is revised to read: "An enforcement officer may enter upon and perform inspections of motor carriers' vehicles in operation.";

(13) 49 C.F.R. 396.9(b) is revised to read: "The State of Alaska Commercial Vehicle Enforcement Driver/Vehicle Inspection Report form shall be used to record the results of a motor vehicle inspection conducted by an enforcement officer.";

(14) 49 C.F.R. 396.9(d)(3) is revised to read: "Within 15 working days following the date of the inspection, the motor carrier shall complete the carrier certification portion of the State of Alaska Commercial Vehicle Enforcement Driver/Vehicle Inspection Report form that necessary repairs or adjustments have been made, and shall return the form to the division."

(15) 49 C.F.R. 396.23(b) is revised by replacing "Administrator" with "director of the division";

(16) 49 C.F.R. 396.25(b) is revised by replacing "applicable Federal standards" with "applicable standards".

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

Authority: AS 19.05.010

Editor's note: The address and telephone number for giving the additional notice required under 17 AAC 25.200(b) (6) - (7) is State of Alaska, Department of Transportation and Public Facilities, Division of Measurement Standards and Commercial Vehicle Enforcement, 11900 Industry Way, Building M, Anchorage, Alaska 99515-3567; telephone: (907) 341-3200.

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