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(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, operation, or driving of commercial motor vehicles, adopted by the United States Department of Transportation and contained in the following provisions of 49 C.F.R. Part 395 (Hours of Service of Drivers), as revised as of October 1, 2002 and adopted by reference, except as provided in (b) of this section:
(1) 49 C.F.R. 395.1 (Scope of Rules in This Part);
(2) 49 C.F.R. 395.2 (Definitions);
(3) 49 C.F.R. 395.8 (Driver's Record of Duty Status);
(4) 49 C.F.R. 395.13 (Drivers Declared Out of Service);
(5) 49 C.F.R. 395.15 (Automatic On-board Recording Devices);
(b) The federal regulations in 49 C.F.R. that are adopted by reference in (a) of this section are revised as follows:
(1) the provisions of 49 C.F.R. 395.1 with respect to maximum driving and the definition of "on duty time" in 49 C.F.R. 395.2 do not apply to an incidental driver; for purposes of this paragraph, "incidental driver" means a driver
(A) whose primary employment by a private carrier of property by motor vehicle is in support of the maintenance and operation of pipelines for the movement of natural gas, natural gas liquids, crude oil, and refined petroleum products, and is not as a driver of a commercial motor vehicle;
(B) who drives within a 150-mile radius of the point to which the driver reports to duty; and
(C) who devotes not more than 50 percent of hours per work schedule to driving a commercial motor vehicle;
(2) 49 C.F.R. 395.13(a) is revised to read: "An enforcement officer may declare a driver out of service and notify the motor carrier of the declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria set out in 49 C.F.R. 395.13(b).";
(3) 49 C.F.R. 395.13(c)(2) is revised to read: "A motor carrier shall complete the carrier certification portion of State of Alaska Commercial Vehicle Enforcement Driver/Vehicle Inspection Report form and deliver the copy of the form either personally or by mail to the division within 15 working days following the date of examination. If the motor carrier mails the form, delivery is considered made on the day it is postmarked.";
(4) 49 C.F.R. 395.15(j) is revised by replacing "FMCSA" with "the division".
History: Eff. 11/16/2004, Register 172
Authority: AS 19.05.010
Editor's note: The address for submitting the certification of compliance portion of the State of Alaska Commercial Vehicle Enforcement Driver/Vehicle Inspection Report form, as required under 17 AAC 25.220 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.
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Last modified 7/05/2006