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2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 3. Point System and Driver Improvement. › Sec. 28.15.231. Assessment of points; driver improvement interview.

(a) Notice of each assessment of points may be given, but notice shall be given when the point accumulation reaches 50 percent of the number at which suspension, revocation, or denial is required under AS 28.15.221(b), and a driver who has reached that level of point accumulation shall be identified as a problem driver. The department may require a problem driver to appear for a driver improvement interview. The purpose of that interview is to assist the person who is identified as a problem driver in overcoming substandard driving habits. An interview under this subsection is to be conducted in an informal manner. A driver shall comply with any reasonable recommendations designed to improve the driver's driving abilities that are made to the driver during the interview.
(b) Points may not be assessed for violating a provision of a state law or regulation or a municipal ordinance regulating standing, parking, equipment, size, or weight; nor may points be assessed for violations by pedestrians, passengers, or bicycle riders, or for violations of provisions relating to the preservation of the condition of traffic-control devices on the highways. Points shall be assessed for violations of oversize or overweight permits relating only to restrictions upon speed or hours of operation.
(c) If a licensee is convicted of two or more traffic violations committed on a single occasion, the licensee shall be assessed points for one offense only, and if the offenses involved have different point values, the licensee shall be assessed for the offense having the greater point value.
(d) The time periods provided for in this section for the accumulation of points shall be based upon the date of violation, but points may not be assessed until after conviction, either upon a plea of guilty, nolo contendere, or a forfeiture of bail, or as a result of a trial, for violation of the traffic laws.
(e) The points assessed and the application of them against the licensee by the department under this section are in addition to, and not in substitution for, other provisions of this chapter and are not a substitute for any penalty imposed by a court.
(f) The notice required under (a) of this section may be given by first class mail.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 3. Point System and Driver Improvement. › Sec. 28.15.241. Reduction of points.

(a) Two points shall be deducted from a licensee's assessed total if the licensee has not been convicted of a violation of traffic laws that occurred during the 12-month period after the date of the last violation of which the licensee was convicted.
(b) In addition to (a) of this section, two points shall be deducted from the assessed total upon the driver's furnishing to the department adequate proof of successful completion, within 12 months of the date of the driver's last violation, of a driver improvement course approved by the department or an alcohol information course approved by the Department of Health, except that
(1) not more than one driver improvement or one alcohol information course may be used to obtain a reduction in points in any 12-month period; and
(2) a driver improvement course for a person under 21 years of age must be a course that is designed to benefit persons under 21 years of age and must be certified by a national organization.
(c) One point shall accumulate to the driver's benefit for each 12 consecutive months of licensed, violation-free driving within the five-year period preceding the point calculation.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 3. Point System and Driver Improvement. › Sec. 28.15.251. Suspension, revocation, limitation, or denial of driver's license.

(a) The department shall suspend, revoke, limit, deny, or initiate other remedial action against the driver's license of a person, upon the person's failure to
(1) appear for a driver improvement interview under AS 28.15.231(a); or
(2) comply with reasonable recommendations designed to improve the person's driving abilities that are made to the person during the driver improvement interview.
(b) The department shall suspend, revoke, or deny a driver's license of a person who has been identified through the person's point accumulation as a habitual or frequent violator under AS 28.15.221.
(c) A suspension, revocation, limitation, or denial of, or other action against, a driver's license under AS 28.15.221 - 28.15.261 may not be for more than one year.
(d) If a driver's license is suspended or revoked upon the accumulation of the number of points that requires that action under AS 28.15.221 - 28.15.261 and regulations adopted under those sections, a limited license may not be issued to that person during the period of suspension or revocation.
(e) Except for immediate action under AS 28.15.181, when the department proposes to take action against a driver's license under (b) of this section, it shall notify the licensee that the proposed action shall become effective 30 days from the date of the notice, except that the licensee shall have the right, within the 30-day period, to make an oral or written answer or statement in which the licensee may controvert any point or issue and the licensee may present evidence and arguments for the consideration of the department pertinent to the action to be taken or the grounds for the action.
(f) Upon receipt of an oral or written answer or statement from the licensee, the department shall make findings on the matter under consideration and shall notify the person involved of its decision in writing by registered mail. If the department's decision is to sustain an action against the licensee's driver's license, the department shall notify the licensee of the opportunity for a hearing under AS 28.05.121 - 28.05.141.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 3. Point System and Driver Improvement. › Sec. 28.15.253. Driver improvement or alcohol information courses.

Upon conviction of a violation of a traffic law that results in a driver accumulating six or more points from offenses committed during any consecutive 12-month period or nine or more points from offenses committed during any 24-month period, (1) on request of the department, the court may, in addition to any other penalty authorized by law, require the driver to successfully complete a driver improvement course approved by the department or an alcohol information course approved by the Department of Health within a period of time prescribed by the court; and (2) the department shall require a person licensed under a provisional license to complete a driver improvement course approved by the department within a time period prescribed by the department. A driver improvement course approved under this section for a person who is under 21 years of age must be a course that is designed to benefit persons under 21 years of age and must be certified by a national organization. The department may suspend, revoke, or deny the driver's license of a person who fails to successfully complete the driver improvement course or the alcohol information course required by the court under this section within the prescribed time period.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 3. Point System and Driver Improvement. › Sec. 28.15.255. Proof of financial responsibility.

(a) The department may not reinstate a driver's license that has been revoked or suspended under AS 28.15.221 - 28.15.261 until the person whose license has been revoked or suspended provides proof of financial responsibility for the future.
(b) If a driver accumulates six or more points under AS 28.15.221 - 28.15.261 during a 12-month period, the department may require the driver to provide proof of financial responsibility for the future as a condition of retaining a driver's license, and may suspend the driver's license until proof of financial responsibility is provided.
(c) In this section, the term “proof of financial responsibility” has the meaning given in AS 28.20.630 and may be established as provided in AS 28.20.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 3. Point System and Driver Improvement. › Sec. 28.15.261. Definitions for AS 28.15.221 - 28.15.261.

In AS 28.15.221 - 28.15.261,
(1) “licensee” includes an applicant for a new driver's license if the applicant's license was revoked under AS 28.15.221 - 28.15.261;
(2) “traffic laws” means statutes, regulations, and municipal ordinances governing the driving or movement of vehicles.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 4. Fees. › Sec. 28.15.271. Fees.

(a) The fees for drivers' licenses and permits, including renewals, and all related driver skills tests are as follows:
(1) all noncommercial vehicles and motor-driven cycles
(A) each license fee ..... $20;
(B) each driver skills test ..... $15;
(2) all commercial motor vehicles
(A) each license fee ..... $100;
(B) each driver skills test ..... $25;
(3) instruction permit ..... $15;
(4) duplicate of driver's license or instruction permit ..... $15;
(5) temporary license and renewal of permit ..... $5;
(6) school bus driver's endorsement renewal ..... $5.
(b) In addition to the fees under (a) of this section,
(1) a person who renews a driver's license by mail shall pay a fee of $1;
(2) a person who applies for a limited driver's license under AS 28.15.201 shall pay a fee of $100;
(3) a person who applies for reinstatement of a driver's license under AS 28.15.211 shall pay a fee of
(A) $100 if the person's driver's license has, within the 10 years preceding the application, been suspended, revoked, or limited under the provisions of this chapter, except as provided by (C) of this paragraph, only once;
(B) $250 if the person's driver's license has, within the 10 years preceding the application, been suspended, revoked, or limited under the provisions of this chapter, except as provided by (D) of this paragraph, two or more times;
(C) $200 if the person's driver's license has, within the 10 years preceding the application, been revoked under AS 28.35.030 or 28.35.032 only once; or
(D) $500 if the person's driver's license has, within the 10 years preceding the application, been revoked under AS 28.35.030 or 28.35.032 two or more times; and
(4) a person who applies for a driver's license that is federally compliant shall pay a fee of $20.
(c) The fee for a driver skills test must be paid at the time an appointment for the skills test is made or before the skills test is given, whichever is earlier. The department may not refund a driver skills test fee if the applicant cancels the appointment, fails to appear at the appointed day and time, or fails to pass the skills test.
(d) [Repealed, § 28 ch 90 SLA 1991.]
(e) The department shall charge $50 for issuance of a new license to replace a license cancelled under AS 28.15.161(a)(5) because the person is restricted from purchasing alcoholic beverages under AS 04.16.160.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 5. Driver License Violations. › Sec. 28.15.281. Unlawful use of license; permitting unauthorized person to drive.

(a) A person may not
(1) display, cause or permit to be displayed, or have in the person's possession a canceled, suspended, revoked, fictitious, or unlawfully altered driver's license;
(2) display or represent as the person's own a driver's license not issued to the person;
(3) display or present a driver's license other than an Alaska driver's license to a peace officer or to the department when that person has been licensed under this chapter; or
(4) lend the person's driver's license to another person or knowingly permit the use of the license by another.
(b) A person may not authorize or knowingly permit a motor vehicle owned by the person or under the control of the person to be driven in this state by a person who is not validly licensed.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 15. Drivers' Licenses › Article 5. Driver License Violations. › Sec. 28.15.291. Driving while license canceled, suspended, revoked, or in violation of a limitation.

(a) A person commits the crime of driving while license canceled, suspended, revoked, or in violation of a limitation if the person drives
(1) a motor vehicle on a highway or vehicular way or area at a time when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended, or revoked under circumstances described in AS 28.15.181 or 28.15.182 or a similar law in another jurisdiction;
(2) a motor vehicle on a highway or vehicular way or area at a time when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended, or revoked under circumstances other than those described in (1) of this subsection; or
(3) in violation of a limitation placed on that person's license or privilege to drive in this or another jurisdiction.
(b) Driving while license canceled, suspended, revoked, or in violation of a limitation is
(1) a class A misdemeanor if the person
(A) violates (a)(1) of this section; upon conviction, the court shall impose a minimum sentence of imprisonment of not less than 10 days
(i) with 10 days suspended if the person has not been previously convicted under (a)(1) of this section or a similar law of another jurisdiction; or
(ii) if the person has been previously convicted under (a)(1) of this section or a similar law in another jurisdiction; or
(B) violates (a)(2) or (3) of this section and the person has been previously convicted under (a) of this section;
(2) an infraction if the person violates (a)(2) or (3) of this section.
(c) It is an affirmative defense to a prosecution under (a) of this section that the person's license was suspended under AS 28.22.041 and the person provides proof of liability insurance meeting the requirements of AS 28.22 and proof that the insurance was in effect at the time of the accident that led to the suspension.
(d) In this section, “previously convicted” means having been convicted in this or another jurisdiction, within 10 years preceding the date of the present offense, of a violation of this section, of AS 28.33.150, or another law or ordinance with substantially similar elements.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 17. Commercial Driver Training Schools › Sec. 28.17.021. Exemptions.

A driver education course or training that is approved by the department or the Department of Education and Early Development with the concurrence of the department, or is taught at an accredited college or university, is exempt from the provisions of this chapter, but an instructor employed by such a school or institution is exempt only to the extent that the instructor's activities are as an agent of the school or institution.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 17. Commercial Driver Training Schools › Sec. 28.17.031. Issuance and expiration of licenses; fees.

(a) The department shall issue a school or instructor license to an applicant who has complied with the provisions of this chapter and regulations adopted under this chapter. All licenses issued under this section expire on the last day of each calendar year.
(b) Every application for an original or renewed school license must be accompanied by a fee of $25, and each application for an original or renewed instructor license must be accompanied by a fee of $5. Fees specified in this section may not be refunded if a license is refused, suspended, or revoked.
(c) The department shall require an applicant for a license under this chapter to submit the applicant's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. The department shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 17. Commercial Driver Training Schools › Sec. 28.17.041. Regulations.

(a) The commissioner of administration shall adopt regulations necessary to carry out the provisions of this chapter, and may call upon the commissioner of education and early development for assistance in formulating these regulations.
(b) Regulations adopted under this section must state the requirements for a school license, including requirements concerning manner and form of application, location, place of business, facilities, records, equipment, courses and standards of instruction, instructors, previous records of the school and instructors, financial statements, schedule of fees and charges, character and reputation of the operators and instructors, vehicle equipment and condition, inspection during reasonable business hours, insurance or bonds in the sum and with the provisions the commissioner considers necessary, and other matters the commissioner may prescribe for the protection of the public. Regulations regarding courses and standards of instruction for
(1) noncommercial motor vehicles must be consistent with standards adopted by the commissioner; and
(2) commercial motor vehicles must meet or exceed the model curriculum for training tractor-trailer drivers adopted by the United States Department of Transportation.
(c) Regulations adopted under this section must state the requirements for an instructor's license, including requirements concerning manner and form of application, moral character, reputation, physical condition, knowledge of the courses of instruction and traffic laws and safety principles and practices, driving record, driving ability, previous personal and employment record, and other matters the commissioner may prescribe for the protection of the public.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 17. Commercial Driver Training Schools › Sec. 28.17.051. Refusal, suspension, or revocation of license.

(a) The department may refuse to issue or renew or may suspend or revoke a license issued under this chapter when it finds that the applicant or licensee has violated or failed to comply with a provision of this chapter or a regulation adopted under this chapter.
(b) A suspension, revocation, or denial of a license under this chapter is subject to the notice and hearing requirements of AS 28.05.131 and 28.05.141.
(c) A suspended or revoked license shall be returned immediately to the department by the licensee.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 17. Commercial Driver Training Schools › Sec. 28.17.061. Civil penalty.

(a) If the department determines a person has violated a provision of this chapter, or a regulation adopted under this chapter, the department may impose a civil penalty not to exceed $5,000. In determining the amount of a civil penalty imposed under this section, the department shall consider the economic benefit resulting from the violation, the person's prior violations under this section, and the seriousness of the violation.
(b) Before imposing a civil penalty under this section, the department shall provide notice of the civil penalty and an opportunity to request an administrative hearing. If a hearing is not requested within 30 days after notice of the civil penalty is received, the right to a hearing is considered waived. If a hearing is requested, the hearing shall be conducted as provided under AS 28.05.141.
(c) If a person fails to pay a civil penalty imposed under this section within 30 days after the civil penalty is imposed by the department, or if the civil penalty is stayed pending an appeal, within 10 days after the court enters a final judgment in favor of the department, the department shall notify the attorney general. The attorney general may commence a civil action to recover the amount of the civil penalty.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 17. Commercial Driver Training Schools › Sec. 28.17.071. Definitions.

In this chapter and regulations adopted under this chapter, unless the context otherwise requires,
(1) “commercial driver training school” or “school” means a business or nonprofit enterprise for the education and training of persons, either practically or theoretically, or both, in the driving of motor vehicles, for which a consideration or tuition is charged;
(2) “instructor” means a person, whether acting personally as operator of a school or acting for a school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons in the driving of motor vehicles.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.010. Declaration of purpose.

The legislature is concerned over the rising toll of motor vehicle accidents and the suffering and loss inflicted by them. The legislature determines that it is a matter of grave concern that motorists be financially responsible for their negligent acts so that innocent victims of motor vehicle accidents may be recompensed for the injury and financial loss inflicted upon them. The legislature finds and declares that the public interest can best be served by the requirements that the operator of a motor vehicle involved in an accident respond for damages and show proof of financial ability to respond for damages in future accidents as a prerequisite to the person's exercise of the privilege of operating a motor vehicle in the state.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.020. Administration.

(a) The department shall administer and enforce this chapter and may adopt regulations necessary for its administration.
(b) The department shall receive and consider any pertinent information upon request of persons aggrieved by its orders or acts under this chapter.
(c) The department shall prescribe and provide suitable forms requisite or considered necessary to carry out this chapter.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.050. Application of chapter.

(a) The provisions of this chapter requiring deposit of security and suspension for failure to deposit security apply to the driver and owner of a vehicle subject to registration under the laws of this state that is involved in any manner in an accident in this state resulting in bodily injury to or death of a person or damage to the property of any one person exceeding $501.
(b) Not less than 20 days after receipt of a report of such accident, the department shall determine the amount of security that it considers sufficient to satisfy any judgments for damages resulting from the accident that may be recovered against each driver or owner. The determination may not be made with respect to a driver or owner who is exempt from the requirements as to security and suspension.
(c) The department shall determine the amount of security deposit required upon the basis of the reports or other information submitted. If a person involved in an accident as described in this chapter fails to make a report or submit information indicating the extent of the person's injuries or the damage to the person's property within 30 days after the accident, and the department does not have sufficient information on which to base an evaluation of injuries or damage, then the department after reasonable notice to the person, if it is possible to give notice, otherwise without notice, may not require a deposit of security for the benefit or protection of the person.
(d) Within 30 days after receipt of report of an accident and upon determining the amount of security to be required of any person involved in the accident or to be required of the owner of any vehicle involved in the accident, the department shall give to every person written notice of the amount of security required to be deposited by the person and stating that an order of suspension will be made upon the expiration of 10 days after the notice is sent unless within that time security is deposited as required. A license may not be suspended unless the licensee is afforded a hearing by the department at which it is determined that there is a reasonable possibility of a judgment being rendered holding the licensee liable.
(e) A peace officer investigating an accident that results in bodily injury to or the death of a person or damage to the property of a person exceeding $501 shall inform persons involved in the accident in writing of the requirements of this chapter as they apply to suspension of an operator's license or driving privileges.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.060. Exceptions to requirement of security.

The requirements as to security and suspension in this chapter do not apply to
(1) the driver or owner if the owner had in effect at the time of the accident an automobile liability policy or bond with respect to the vehicle involved in the accident, except that a driver is not exempt if at the time of the accident the vehicle was operated without the owner's express or implied permission;
(2) the driver who is not the owner if there was in effect at the time of the accident an automobile liability policy or bond with respect to the person's driving of vehicles not owned by the driver;
(3) a driver or owner whose liability for damages resulting from the accident is, in the judgment of the department, covered by another form of liability insurance policy or bond;
(4) a person qualifying as a self-insurer under AS 28.20.400 or to a person operating a vehicle for a self-insurer;
(5) the driver or owner of a vehicle involved in an accident in which no injury or damage was caused to the person or property of anyone other than the driver or owner;
(6) the driver or owner of a vehicle that at the time of the accident was parked, unless the vehicle was parked at a place where parking was at the time of the accident prohibited by a law or ordinance;
(7) the owner of a vehicle if at the time of the accident the vehicle was operated without the owner's express or implied permission or was parked by a person who had been operating the vehicle without the owner's permission;
(8) the owner of a vehicle or the driver of a vehicle operating it with permission if at the time of the accident the vehicle was owned or leased to the United States, this state or a political subdivision of this state or a municipality of the state; or
(9) the driver or the owner of a vehicle if at the time of the accident the vehicle was operated by or under the direction of a police officer who, in the performance of official duties, assumed custody of the vehicle.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.070. Requirements as to policy or bond.

(a) A policy or bond is not effective under AS 28.20.060 unless it is issued by an insurance company or surety company authorized to do business in this state, except as provided in (b) of this section, and if the accident resulted in bodily injury or death, unless the policy or bond is subject to a limit, exclusive of interest and costs, of not less than $50,000 because of bodily injury to or death of one person in any one accident and, subject to the same limit for one person, to a limit of not less than $100,000 because of bodily injury to or death of two or more persons in any one accident, and if the accident has resulted in injury to, or destruction of, property to a limit of not less than $25,000 because of injury to or destruction of property of others in any one accident.
(b) A policy or bond is not effective under AS 28.20.060 with respect to a vehicle not registered in this state or a vehicle that was registered in another jurisdiction at the effective date of the policy or bond or the most recent renewal of it, unless the insurance or surety company issuing the policy or bond is authorized to do business in this state, or if the company is not authorized to do business in this state, unless it executes a power of attorney authorizing the director of the division of insurance to accept service on its behalf of notice or process in an action upon the policy or bond arising out of the accident.
(c) The department may rely upon the information in an accident report as to the existence of insurance or a bond unless the department has reason to believe that the information is erroneous.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.080. Form and amount of security.

(a) The security required by this chapter must be in the form and amount the department requires, but in no case in excess of the limits specified in AS 28.20.070 for the acceptable limits of a policy or bond.
(b) Every depositor of security shall designate in writing the person in whose name the deposit is made and may at any time change the designation, but a single deposit of security applies only on behalf of a person required to furnish security because of the same accident.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.090. Suspension for failure to deposit security.

(a) If a person required to deposit security under this chapter fails to deposit security within 10 days after the department sends notice, the department shall suspend
(1) the license of each driver involved in the accident;
(2) the privilege of operating a vehicle subject to registration if the driver is a nonresident;
(3) the privilege of the owner to operate or permit the operation within this state of a vehicle subject to registration if the owner is a nonresident.
(b) Suspensions shall be made in respect to persons required by the department to deposit security who fail to deposit such security, except as otherwise provided under succeeding sections of this chapter.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.100. Release from liability.

(a) A person is relieved from the requirement for deposit of security for the benefit or protection of another person injured or damaged in the accident if the person is released from liability by the other person.
(b) A covenant not to sue relieves the parties to it as to each other from the security requirements of this chapter.
(c) If the department evaluates the injuries or damage to a minor in an amount not more than $501, the department may accept, for the purposes of this chapter only, evidence of a release from liability executed by a parent or legal guardian on behalf of the minor without court approval.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.120. Agreements for payment of damages.

(a) Two or more persons involved in or affected by an accident as described in AS 28.20.050 may at any time enter into a written agreement for the payment of an agreed amount with respect to their claims because of bodily injury, death, or property damage arising from the accident. The agreement may provide for payment in installments. The parties may file a signed copy of the agreement with the department.
(b) If proof of financial responsibility is provided and to the extent provided by the written agreement filed with it, the department may not require the deposit of security and shall terminate a previous order of suspension, or if security was deposited, the department shall immediately return the security to the depositor or the personal representative of the depositor.
(c) If there is a default in a payment under the agreement, upon notice of default the department shall take action suspending the license of the person in default as is appropriate in case of failure of the person to deposit security when required under this chapter.
(d) The suspension remains in effect and the license may not be restored until
(1) security is deposited as required under this chapter in the amount the department determines; or
(2) when, following default and suspension, the person in default pays the balance of the agreed amount; or
(3) one year elapses following the effective date of the suspension and evidence satisfactory to the department is filed with it that during the period no action at law upon the agreement is pending.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.140. Termination of security requirement.

If satisfied as to the existence of a fact that under AS 28.20.100 - 28.20.130 entitles a person to be relieved from the security requirements, the department may not require the deposit of security and shall terminate a previous order of suspension in respect to the person, and shall immediately return the deposit to the person or the personal representative of the person.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.150. Duration of suspension.

(a) Unless a suspension is terminated under other provisions of this chapter, an order of suspension by the department remains in effect until terminated and a license may not be renewed or issued to a person whose license is suspended until proof of financial responsibility for the future is provided and
(1) the person deposits or there is deposited on behalf of the person the security required under this chapter; or
(2) three years elapse following the date of suspension.
(b) [Repealed, § 9 ch 78 SLA 1982.]
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.160. Application to nonresidents, unlicensed drivers, unregistered vehicles, and accidents in other states.

(a) If a driver or owner of a vehicle subject to registration under the laws of this state involved in an accident in this state does not have a license or registration in this state, then the driver may not be licensed, nor may the owner register a vehicle in this state until the person complies with the requirements of this chapter to the extent necessary if, at the time of the accident, the person had held a license or been the owner of a vehicle registered in this state.
(b) When a nonresident's operating privilege is suspended under AS 28.20.090 the department shall send a certified copy of the record of the action to the official in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of the other state provides for action similar to that provided for in (c) of this section.
(c) Upon receiving certification that the operating privilege of a resident of this state has been suspended or revoked in another state under a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of an accident under circumstances that would require the department to suspend a nonresident's operating privilege if the accident had occurred in this state, the department shall suspend the license of the resident. The suspension continues until the resident furnishes evidence of compliance with the law of the other state relating to the deposit of security.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.170. Authority of department to decrease amount of security.

The department may reduce the amount of security ordered within six months after the date of the accident if in its judgment the amount is excessive. If the security originally ordered is on deposit, the excess deposit over the reduced amount ordered shall be returned immediately to the depositor or the personal representative of the depositor.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.180. Correction of action of department.

If the department takes action or fails to take action under this chapter due to erroneous information or no information, upon receiving correct information within one year after the date of an accident the department shall take appropriate action to carry out the purposes and effect of this chapter. However, this section does not require the department to re-evaluate the amount of a deposit required.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.200. Disposition of security.

(a) The security deposited is available only for
(1) the payment of a settlement agreement covering a claim arising out of the accident upon instruction of the person who made the deposit, or
(2) the payment of a judgment given against the person required to make the deposit for damages arising out of the accident in an action at law begun not later than one year after the deposit of security, or within one year after the date of deposit of security following failure to make payments under an agreement to pay.
(b) Every distribution of funds from a security deposit is subject to the limits of the department's evaluation on behalf of a claimant.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.210. Return of deposit.

(a) Upon the expiration of two years from the date of deposit of security, the security remaining on deposit shall be returned to the person who made the deposit or the person's personal representative if an affidavit or other evidence satisfactory to the department is filed with it showing that
(1) no action for damages arising out of the accident for which deposit was made is pending against the person on whose behalf the deposit was made, and
(2) there does not exist any unpaid judgment against the person in an action.
(b) This section does not limit the return of a deposit of security under any other provision of this chapter authorizing return.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.220. Matters not to be evidence in civil suits.

The report required after an accident, the action taken by the department under this chapter, the findings, if any, of the department upon which its action is based, and the security filed may not be referred to, and may not be evidence of the negligence or due care of either party, at the trial of an action to recover damages.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.230. Proof of financial responsibility for the future.

(a) The provisions of this chapter requiring the deposit of proof of financial responsibility for the future apply to persons who are convicted of or forfeit bail for certain offenses under motor vehicle laws or who, by ownership or operation of a vehicle of a type subject to registration under AS 28.10, are involved in an accident in this state that results in bodily injury to or death of a person or damage to the property of any one person exceeding $501.
(b) [Repealed, § 30 ch 108 SLA 1989.]
(c) Notwithstanding any other provisions of this chapter, a person convicted of driving under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.35.030, or convicted of refusal to submit to a chemical test of breath under AS 28.35.032, shall maintain proof of financial responsibility for the future for (1) five years if the person has not been previously convicted; (2) 10 years if the person has been previously convicted once; (3) 20 years if the person has been previously convicted twice; (4) for as long as the person is licensed to drive under AS 28.15 if the person has been previously convicted three or more times. In this subsection, “previously convicted” has the meaning given in AS 28.35.030.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.240. Proof required when driving privilege is restricted.

Whenever under a law of this state the license of a person is suspended, revoked, limited under AS 28.15.201, or canceled for any reason, the department may not issue to that person a new or renewal of license until permitted to do so under the motor vehicle laws of this state. A period of suspension, revocation, or cancellation continues until proof of financial responsibility for the future is provided. Upon expiration of a period of limitation, the license remains revoked until proof of financial responsibility for the future is provided.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.250. Action in respect to unlicensed person.

(a) If a person does not have a license, but by final order or judgment is convicted of, or forfeits bail or collateral deposited to secure an appearance for trial for an offense requiring the suspension or revocation of license, or for driving a motor vehicle upon the highways without being licensed to do so, or for driving an unregistered vehicle upon the highways, a license may not be issued to the person unless the person gives and thereafter maintains proof of financial responsibility for the future.
(b) Whenever the department suspends or revokes a nonresident's operating privilege for conviction or forfeiture of bail, the privilege remains suspended or revoked unless the person has previously given or immediately gives proof of financial responsibility for the future.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.260. When proof required after accidents.

(a) Upon receipt by the department of the report of an accident resulting in bodily injury to or death of a person, or damage to the property of any one person exceeding $501, the department shall suspend the license of the driver of a motor vehicle involved in the accident unless the driver or owner
(1) has previously furnished or immediately furnishes security required by this chapter, or is excepted from furnishing security under AS 28.20.060; and
(2) maintains proof of financial responsibility for three years following the accident.
(b) This section does not apply to an owner or operator with respect to an accident in which a judgment in the owner's or operator's favor is given on a cause of action arising out of the accident that establishes the owner's or operator's freedom from fault.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.280. When courts to report nonpayment of judgments.

If a person fails within 30 days to satisfy a judgment arising out of a motor vehicle accident, the clerk of the court, or the judge if there is no clerk, in which the judgment is given, shall forward to the department a certified copy of the judgment and a certificate of facts relative to the judgment.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.290. Further action with respect to nonresidents.

If the defendant named in a certified copy of a judgment reported to the department is a nonresident, the department shall send a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a resident.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.310. Exception when consent granted by judgment creditor.

If the judgment creditor consents in writing in a form prescribed by the department to the issuance of a license or nonresident's operating privilege to the judgment debtor, the department may allow it for six months from the date of such consent and thereafter until the consent is revoked in writing, if the judgment debtor furnishes proof of financial responsibility notwithstanding default in the payment of judgment, or of an installment of the judgment prescribed in AS 28.20.270.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.320. Exceptions when insurer liable.

A license or nonresident's operating privilege may not be suspended under this chapter if the department finds that an insurer is obligated to pay the judgment upon which suspension is based at least to the extent and for the amounts required in this chapter, but has not paid the judgment for any reason. A finding by the department that an insurer is obligated to pay a judgment is not binding upon the insurer and has no legal effect except for the purpose of administering this section. If in a judicial proceeding it is determined by a final judgment, decree, or order that an insurer is not obligated to pay a judgment, the department, notwithstanding any contrary finding made by it, shall immediately suspend the license or nonresident's operating privilege of a person against whom the judgment is given, as provided in AS 28.20.270.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.325. Exemption for certain employee-drivers; applicability to employer.

If the driver at the time of an accident was driving, in the course and scope of employment, a vehicle owned, operated, or leased by the driver's employer, the security deposit, proof of future responsibility, and suspension provisions of this chapter apply to the employer and to the vehicles owned by the employer or registered under the employer's name and do not apply to the driver.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.330. Suspension to continue until judgments paid and proof given.

(a) If there is an unsatisfied judgment against a person requiring suspension under AS 28.20.270, the person's license or nonresident's operating privilege shall remain suspended and shall not be renewed, nor shall a license or registration be issued in the name of the person, including a person not previously licensed, until the judgment is stayed or satisfied and until the person gives proof of financial responsibility subject to the exceptions in AS 28.20.310, 28.20.320, and 28.20.370.
(b) The proof required by (a) of this section shall be maintained during the period the person has a license or nonresident's operating privilege.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.340. Driving while license cancelled, suspended, or revoked.

Upon receiving a record of the conviction of a person for driving a vehicle while the person's license was suspended, the department shall immediately suspend the registration of every vehicle registered in the person's name until the person gives proof of financial responsibility for the future for each vehicle registered in the person's name.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 20. Motor Vehicle Safety Responsibility Act › Sec. 28.20.360. Payments sufficient to satisfy requirements.

(a) In this chapter, a judgment is satisfied when
(1) $50,000 is credited upon a judgment given in excess of that amount because of bodily injury to or death of one person as the result of any one accident;
(2) subject to the limit of $50,000 because of bodily injury to or death of one person, the sum of $100,000 is credited upon a judgment given in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
(3) $25,000 is credited upon a judgment given in excess of that amount because of injury to or destruction of property of others as a result of any one accident.
(b) However, payments made in settlement of a claim because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this section.