Sectional Analysis for CS HB 83 (Trans)

An Act relating to commercial vehicle inspections; efd.

Sec. 1 eliminates the semi-annual inspection requirement, official vehicle inspection stations, and a requirement to display a current sticker of inspection on the vehicle. Instead, an annual inspection is required, and a vehicle owner or operator will have to show proof of the inspection upon demand by an authorized official.

Sec. 2 replaces the never-impemented state-run inspection program with one that meets federal guidelines, in which the inspections are conducted by in-house mechanics or at a qualified garage. This section also allows for audits of inspection records at any time by peace officers or other authorized personnel.

Sec. 3 adopts federal commercial vehicle inspection regulations that were in effect on October 31, 1996 as the basic requirements of the state program. The section also defines “interstate” as used in the federal regulations, to include “intrastate” trucking operations.

Sec. 4 makes a violation of this statute (except for AS 19.10.365) a civil offense, not a criminal offense, authorizing fines of up to $20,000.

Sec. 5 establishes a maximum fine for violation of AS 19.10.365 (compliance with federal inspection regulations by inspectors) at $500.

Sec. 6 allows a person who is charged with a violation of the state law to use as a defense the fact that the action is allowed under federal law.

Sec. 7 makes changes to the definition of Òcommercial motor vehicleÓ to clarify that it is used for Òcommercial purposes.Ó

Sec. 8 repeals the following: AS 19.10.060(c), which requires adoption of regulations adequate to avoid losing federal funds; 19.10.320, pertaining to state inspection stations; 19.10.330, pertaining to certification of commercial vehicle inspectors; 19.10.350, relating to falsely representing to be an official inspection station; 19.10.360, relating to counterfeit certificates of inspection; and 19.10.370, directing the commissioner to adopt regulations.

Sec. 9 provides an effective date of July 1, 1997.

Sectional Analysis for HB 83

Relating to commercial motor vehicle inspections

Section 1 amends AS 28.32.010(a) by changing the requirement that commercial motor vehicles be inspected twice a year, to require an inspection once a year. This section also repeals an effective date from 10 years ago which is no longer operative.

Section 2 provides an effective date of July 1, 1997.