Sponsor Statement for CS HB 83 (STA)

An Act relating to commercial vehicle inspections; efd.

House Bill 83 was originally introduced in response to a recommendation by the Ombudsman that the requirement to have a commercial motor vehicle inspected by the state be reduced from twice a year to once a year. This recommendation was made because the State Troopers do not have adequate manpower to do the inspections twice a year.

Testimony in the House Transportation Committee and the House State Affairs Committee, particularly from representatives of the Alaska State Troopers and the Alaska Trucking Association, supported the changes found in CS HB 83 (STA).

These changes essentially repeal the state-run inspection program (which had not been implemented due to lack of funding and manpower) and officially adopt the federal regulations under which commercial vehicles are currently inspected. Under the federal program, inspections are conducted either by a qualified in-house mechanic or by contracting with a garage or other repair facility which employs a mechanic qualified to conduct the inspections. A record of inspections and repairs is required to be kept in the vehicle as well as at the facility where the inspection was done.

Peace officers and other authorized officials will continue be authorized to conduct random inspections and review a vehicleÕs records, issue citations and red-tag an unsafe vehicle to keep it off the highway until it is repaired.

The State Affairs CS also incorporates the effects of EO 98, which transferred the administration of the state’s commercial motor vehicle inspection programs to DOT&PF. The CS changes the statutory reference from AS 28.32 to AS 19.10, to conform with EO 98.

Sponsor Statement for HB 83

Relating to commercial vehicle inspections

House Bill 83 is introduced in concurrence with the State Ombudsman’s legislative recommendations of January 9, 1997. Based on the conclusions and recommendations in various reports of investigations he has conducted over the past year, the Ombudsman submits an annual report to the Legislature, suggesting legislative changes that would remedy or help to ameliorate problems he has identified.

One such recommendation is contained in this year’s report:

“(4) Commercial Vehicle (CMV) Inspections. The Legislature should consider legislation that would replace the mandatory semi-annual commercial vehicle inspection requirement with an annual program--a change which still would meet federal requirements. The Alaska State Troopers’ Commercial Vehicle Enforcement Unit (AST/CVE) is seriously understaffed to meet the existing statutory mandate. Consequently, neither the CVE unit nor the CMV operators can meet the requirements of AS 28.32.010. A change to annual rather than semi-annual CMV inspections might be more realistic in light of constrained fiscal resources and still would enable the state to qualify for federal funding for this program. (Ombudsman Complaint A093-1469, Department of Public Safety, Division of Alaska State Troopers.)”

It is imperative that the Legislature respond to this documented problem in the law. The Ombudsman has done his job; it is now up to us to solve the problem by changing the law.