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2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 32. Commercial Motor Vehicle Safety Citations › Sec. 28.32.010. Commercial motor vehicle safety citations.

(a) [Repealed, § 16 E.O. 98 (1997). For current law, see AS 19.10.310.]
(b) A peace officer, or an employee of the Department of Public Safety who is authorized by the commissioner of that department to enforce both hazardous materials and commercial vehicle safety regulations, may issue a citation under AS 12.25.175 - 12.25.230 to a person who violates a regulation adopted under AS 28.05.011(a)(2). An employee of the Department of Public Safety who is authorized by the commissioner of public safety to enforce both hazardous materials and commercial vehicle safety regulations may not take a person into custody under AS 12.25.180(b).
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 33. Commercial Motor Vehicles › Article 1. Operating Commercial Motor Vehicle While Under the Influence of an Alcoholic Beverage, Inhalant, or Controlled Substance. › Sec. 28.33.030. Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance.

(a) A person commits the crime of operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates a commercial motor vehicle
(1) while under the influence of an alcoholic beverage, inhalant, or any controlled substance;
(2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.04 percent or more by weight of alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's breath; or
(3) while under the combined influence of an alcoholic beverage, inhalant, and a controlled substance.
(b) Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, and other provisions of AS 28.35.030, as if the person had been convicted of a violation of AS 28.35.030. For purposes of sentencing, convictions for operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance under this section, and for refusal to submit to a chemical test under AS 28.35.032, if arising out of a single transaction, are considered one previous conviction.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 33. Commercial Motor Vehicles › Article 1. Operating Commercial Motor Vehicle While Under the Influence of an Alcoholic Beverage, Inhalant, or Controlled Substance. › Sec. 28.33.033. Presumptions and chemical analysis of breath or blood.

(a) Upon the trial of a civil or criminal action or proceedings arising out of acts alleged to have been committed by a person operating a commercial motor vehicle while under the influence of an alcoholic beverage in violation of AS 28.33.030, the following rules apply with regard to the amount of alcohol in the person's blood or breath at the time alleged:
(1) if there was less than 0.04 percent by weight of alcohol in the person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact does not give rise to a presumption that the person was or was not under the influence of an alcoholic beverage, but that fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage;
(2) if there was 0.04 percent or more by weight of alcohol in the person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is presumed that the person was under the influence of an alcoholic beverage.
(b) For purposes of this chapter, percent by weight of alcohol in the blood is based upon milligrams of alcohol per 100 milliliters of blood.
(c) The provisions of (a) of this section may not be construed to limit the introduction of any other competent evidence bearing upon the question of whether the person was or was not under the influence of an alcoholic beverage.
(d) The person tested may have a physician, or a qualified technician, chemist, registered or advanced practice registered nurse, or other qualified person of the person's own choosing administer a chemical test in addition to the test administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer; the fact that the person under arrest sought to obtain an additional test, and failed or was unable to do so, is likewise admissible in evidence.
(e) Upon the request of the person who submits to a chemical test at the request of a law enforcement officer, full information concerning the test, including the results of it, shall be made available to the person or person's attorney.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 33. Commercial Motor Vehicles › Article 2. Commercial Vehicle Operators. › Sec. 28.33.100. License to drive commercial motor vehicle.

(a) A person may not drive a commercial motor vehicle until the person applies for and is issued a license for that purpose under AS 28.15.041. The department may not issue a license to drive a commercial motor vehicle unless the applicant
(1) is at least 18 years of age, to operate in intrastate commerce, or at least 21 years of age, to operate in interstate commerce, except as provided in (f) of this section;
(2) has held a valid driver's license at least one year before the date of application or meets the experience qualifications established by the department;
(3) has successfully completed all required driving tests and written and physical examinations;
(4) either does not have a driver's license issued by another jurisdiction or surrenders all driver's licenses issued by other jurisdictions; and
(5) is domiciled in this state.
(b) In addition to the information required under AS 28.15.111, a commercial driver's license shall include information determined by the United States Secretary of Transportation to be appropriate to identify the licensee.
(c) A person who has been a state resident for 30 days or longer may not drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
(d) The licensing requirements of this section are in addition to the requirements imposed on a school bus driver under AS 28.15.046.
(e) The department shall disqualify a person for a period of 60 consecutive days, and shall reevaluate the person's application or license to drive a commercial motor vehicle, if the department determines that the person knowingly provided false information required under
(1) this section or AS 28.15 in an application to the department for a commercial driver's license; or
(2) AS 28.33.110(c) in an application for employment.
(f) The department may authorize a person who is at least 18 years of age but under 21 years of age to operate a commercial motor vehicle in interstate commerce if the person
(1) holds a valid commercial driver's license under (a) of this section; and
(2) is authorized to operate a commercial motor vehicle in interstate commerce under federal law.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 33. Commercial Motor Vehicles › Article 2. Commercial Vehicle Operators. › Sec. 28.33.110. Notification requirements for drivers of commercial motor vehicles.

(a) A driver of a commercial motor vehicle holding a commercial driver's license issued by the state who is convicted of violating a federal or state law or local ordinance relating to motor vehicle traffic control in this or another state, or a federal, provincial, territorial, or municipal law relating to motor vehicle traffic control in Canada, other than parking violations, shall notify the driver's employer, in writing, of the conviction within 30 days after the date of conviction.
(b) A driver whose operating privilege is suspended, revoked, or canceled by a state, who loses the privilege to operate a commercial motor vehicle in a state for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify the driver's employer of that fact before the end of the business day following the day the driver received notice of the suspension, revocation, cancellation, loss, or disqualification.
(c) A person who applies for employment as a commercial motor vehicle driver shall
(1) provide the person's prospective employer, at the time of application for employment, with the following information for the 10 years preceding the date of application:
(A) a list of the names and addresses of employers for which the applicant was a driver of a commercial motor vehicle;
(B) the dates between which the applicant drove for each employer;
(C) the reason for leaving each employer;
(2) certify that the information provided under this subsection is true and complete; and
(3) provide additional information required by the employer.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 33. Commercial Motor Vehicles › Article 2. Commercial Vehicle Operators. › Sec. 28.33.120. Responsibilities of employers of commercial motor vehicle driver.

An employer of a commercial motor vehicle driver
(1) shall require an applicant for employment to provide the information required under AS 28.33.110(c);
(2) may not knowingly allow, require, permit, assign, or authorize a driver to drive a commercial motor vehicle during a period in which
(A) the driver's license is suspended, revoked, or canceled by a state;
(B) the driver has lost the privilege to drive a commercial motor vehicle in a state;
(C) the driver has been disqualified from driving a commercial motor vehicle;
(D) the driver has more than one driver's license;
(E) the driver is not licensed to drive a commercial motor vehicle; or
(3) may not knowingly allow, require, permit, assign, or authorize the driver to operate a commercial motor vehicle in violation of a federal or state statute or regulation, or a local law or ordinance, relating to railroad-highway grade crossings.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 33. Commercial Motor Vehicles › Article 2. Commercial Vehicle Operators. › Sec. 28.33.130. Out-of-service orders.

(a) A person may not operate a commercial motor vehicle or be on duty
(1) if, within the preceding four hours, the person
(A) consumed or was under the influence of
(i) an alcoholic beverage;
(ii) a controlled substance not prescribed by a physician; or
(iii) a controlled substance prescribed by a physician that might impair a person's ability to operate a commercial motor vehicle; or
(B) had any measurable alcohol concentration within the blood or breath or any detectable presence of alcohol;
(2) while in possession of an alcoholic beverage or a controlled substance not prescribed by a physician unless
(A) the alcoholic beverage or controlled substance is manifested and documented as part of an authorized shipment of cargo; or
(B) under AS 04, the alcoholic beverage may be legally served to passengers being carried for hire;
(3) after being placed out of service for violation of a regulation adopted under AS 19.10.060(c) or AS 28.05.011; or
(4) with an invalid operator's or commercial operator's license.
(b) An employer, or a peace officer, who has reasonable grounds to believe that a person has violated (a) of this section, shall immediately give the person a written notice ordering the person out of service. If it is not possible to issue a written out of service order, a verbal order may be issued. An employer may not knowingly allow, require, permit, assign, or authorize a person to operate a commercial motor vehicle or be on duty during a period in which
(1) the person has been ordered out of service under this section; or
(2) the person has violated (a) of this section, even if an out-of-service order has not been issued.
(c) A person who is ordered out of service
(1) may not operate a commercial motor vehicle or be on duty for 24 hours following issuance of the out-of-service order; and
(2) shall report that fact, in writing,
(A) within 24 hours to the person's employer; and
(B) within 30 days to the department if the person possesses a commercial motor vehicle license.
(d) In this section, “on duty” means the period of time in which a person is
(1) required by the person's employer to be ready to immediately operate a commercial motor vehicle, including time spent waiting to be assigned to operate a commercial motor vehicle;
(2) inspecting, servicing, or conditioning a commercial motor vehicle;
(3) in or upon a commercial motor vehicle, except time spent resting in a sleeper berth;
(4) loading or unloading, or supervising the loading or unloading of, a commercial motor vehicle, or giving or receiving receipts for shipments loaded or unloaded;
(5) taking action, as required by state or federal law, following an accident involving a commercial motor vehicle; or
(6) repairing or obtaining assistance for a disabled commercial motor vehicle.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 33. Commercial Motor Vehicles › Article 2. Commercial Vehicle Operators. › Sec. 28.33.150. Driving a commercial motor vehicle without being lawfully licensed.

(a) A person is guilty of a class A misdemeanor if the person drives a commercial motor vehicle in this state
(1) without being licensed or privileged in this state to drive a commercial motor vehicle;
(2) during a period when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended, or revoked, or the person has been disqualified, in this or another jurisdiction;
(3) in violation of a limitation placed upon that person's license or privilege to drive in this or another jurisdiction;
(4) during a period when that person has been disqualified from driving a commercial motor vehicle by a court or an administrative agency in this or another jurisdiction; or
(5) in violation of an out-of-service order issued under AS 28.33.130 or under a law in another jurisdiction having substantially similar requirements.
(b) Upon conviction under (a)(2) - (5) of this section, the court
(1) shall impose a minimum sentence of imprisonment
(A) if the person has not been previously convicted, of not less than 20 days with 10 days suspended, including a mandatory condition of probation that the defendant complete not less than 80 hours of community work service; or
(B) if the person has been previously convicted, of not less than 60 days and a fine of $1,000;
(2) may impose additional conditions of probation;
(3) may not
(A) suspend execution of sentence or grant probation except on condition that the person serve a minimum term of imprisonment and perform required community work service as provided in (1) of this subsection;
(B) suspend imposition of sentence; and
(4) shall revoke the person's license, privilege to drive, or privilege to obtain a license, and the person may not be issued a new license nor may the privilege to drive or obtain a license be restored for an additional period of not less than 90 days after the date that the person would have been entitled to restoration of driving privileges.
(c) 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, AS 28.15.291, or another law or ordinance with substantially similar elements.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 1. Offenses Related to Alcohol, Inhalants, and Controlled Substances; Implied Consent. › Sec. 28.35.029. Open container.

(a) A person may not drive a motor vehicle on a highway or vehicular way or area, when there is an open bottle, can, or other receptacle containing an alcoholic beverage in the passenger compartment of the vehicle, except as provided in (b) of this section.
(b) Except as provided in AS 28.33.130, a person may transport an open bottle, can, or other receptacle containing an alcoholic beverage
(1) in the trunk of a motor vehicle;
(2) on a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or other receptacle is enclosed within another container;
(3) behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or
(4) if the open bottle, can, or other receptacle is in the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons.
(c) In this section
(1) “alcoholic beverage” has the meaning given in AS 04.21.080(b);
(2) [Repealed, § 29 ch 3 SLA 1992.]
(3) “motor vehicle” means a vehicle for which a driver's license is required;
(4) “open” includes having a broken seal;
(5) “passenger compartment” means the area normally occupied by the driver and passengers and includes a utility or glove compartment accessible to the driver or a passenger while the motor vehicle is being operated.
(d) A person who violates (a) of this section is guilty of an infraction.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 1. Offenses Related to Alcohol, Inhalants, and Controlled Substances; Implied Consent. › Sec. 28.35.034. Surrender of license or permit.

A person whose license or permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or 28.15.181 shall surrender the license or permit to the department on receipt of notice of the revocation. After the period of revocation has expired, the person may make application for a new license as provided by law.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 1. Offenses Related to Alcohol, Inhalants, and Controlled Substances; Implied Consent. › Sec. 28.35.035. Administration of chemical tests without consent.

(a) If a person is under arrest for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, and that arrest results from an accident that causes death or physical injury to another person, a chemical test may be administered without the consent of the person arrested to determine the amount of alcohol in that person's breath or blood or to determine the presence of controlled substances in that person's blood and urine.
(b) A person who is unconscious or otherwise in a condition rendering that person incapable of refusal is considered not to have withdrawn the consent provided under AS 28.33.031(a) or AS 28.35.031(a) or (g) and a chemical test may be administered to determine the amount of alcohol in that person's breath or blood or to determine the presence of controlled substances in that person's blood and urine. A person who is unconscious or otherwise incapable of refusal need not be placed under arrest before a chemical test may be administered.
(c) If a chemical test is administered to a person under (a) or (b) of this section, that person is not subject to the penalties for refusal to submit to a chemical test provided by AS 28.35.032.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 1. Offenses Related to Alcohol, Inhalants, and Controlled Substances; Implied Consent. › Sec. 28.35.036. Forfeiture of vehicle, aircraft, or watercraft.

(a) After conviction of an offense under AS 28.15.291(b), AS 28.35.030, or 28.35.032, a motor vehicle, aircraft, or watercraft involved in the commission of the offense is subject to forfeiture as provided under AS 28.15.291(b), AS 28.35.030, and 28.35.032.
(b) Before forfeiture of a motor vehicle, aircraft, or watercraft, the court shall schedule a hearing on the matter and shall notify the state and the convicted person of the time and place set for the hearing. Except for a motor vehicle, aircraft, or watercraft that is required to be forfeited under AS 28.35.030 or 28.35.032, the court may order the forfeiture of the motor vehicle if the court, sitting without a jury, determines, by a preponderance of the evidence, that the forfeiture of the motor vehicle, aircraft, or watercraft will serve one or more of the following purposes:
(1) deterrence of the convicted person from the commission of future offenses under AS 28.15.291(b), AS 28.35.030, or 28.35.032;
(2) protection of the safety and welfare of the public;
(3) deterrence of other persons who are potential offenders under AS 28.15.291(b), AS 28.35.030, or 28.35.032; or
(4) expression of public condemnation of the serious or aggravated nature of the convicted person's conduct.
(c) Upon forfeiture of a motor vehicle, aircraft, or watercraft, the court shall require the
(1) surrender of the registration and certificate of title of that motor vehicle; the registration and certificate of title shall be delivered to the department;
(2) convicted person to pay all administrative costs incurred by the state in forfeiting the motor vehicle, aircraft, or watercraft, including costs incurred by the department, law enforcement personnel, or the court system.
(d) If not released under AS 28.35.037, a motor vehicle, aircraft, or watercraft forfeited under this section may be disposed of at the discretion of the Department of Public Safety.
(e) Disposal under this subsection includes
(1) sale, as a unit or in parts, including sale at an auction, and the proceeds deposited into the general fund;
(2) transfer to a state or municipal law enforcement agency;
(3) being declared surplus and transferred to the Department of Administration;
(4) being destroyed; or
(5) transfer to a charitable organization; in this paragraph, “charitable organization” means a charity that is exempt from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code).
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 1. Offenses Related to Alcohol, Inhalants, and Controlled Substances; Implied Consent. › Sec. 28.35.037. Remission of forfeitures.

(a) Upon receiving notice from the court of the time and place set for a hearing under AS 28.35.036, the state shall provide to every person who has an ascertainable ownership or security interest in the motor vehicle, aircraft, or watercraft written notice that includes
(1) a description of the motor vehicle, aircraft, or watercraft;
(2) the time and place of the forfeiture hearing;
(3) the legal authority under which the motor vehicle, aircraft, or watercraft, may be forfeited;
(4) notice of the right to intervene to protect the interest in the motor vehicle, aircraft, or watercraft.
(b) At the hearing, a person who claims an ownership or security interest in the motor vehicle, aircraft, or watercraft, must establish by a preponderance of the evidence that
(1) the petitioner has an interest in the motor vehicle, aircraft, or watercraft, acquired in good faith;
(2) a person other than the petitioner was convicted of the offense that resulted in the forfeiture; and
(3) before parting with the motor vehicle, aircraft, or watercraft, the petitioner did not know or have reasonable cause to believe that it would be used in the commission of an offense.
(c) If a person satisfies the requirements of (b) of this section, the court shall order that an amount equal to the value of the petitioner's interest in the motor vehicle, aircraft, or watercraft be paid to the petitioner, or the court shall order that the motor vehicle, aircraft, or watercraft be released to the petitioner together with title to the motor vehicle, aircraft or watercraft.
(d) Forfeiture of a motor vehicle, aircraft, or watercraft under AS 28.35.036 is without prejudice to the rights and does not extinguish the claims of a creditor with an interest in the motor vehicle, aircraft, or watercraft.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 1. Offenses Related to Alcohol, Inhalants, and Controlled Substances; Implied Consent. › Sec. 28.35.039. Definitions for AS 28.35.029 - 28.35.039.

In AS 28.35.029 - 28.35.039,
(1) “alcohol safety action program” means a program for alcohol and substance abuse screening, referral, and monitoring developed and implemented or approved by the Department of Health under AS 47.37;
(2) “controlled substance” has the meaning given in AS 28.33.190.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 2. Duties Following Accidents. › Sec. 28.35.050. Action of operator immediately after accident.

(a) An operator of a vehicle involved in an accident resulting in injury to or death of a person shall immediately stop the vehicle at the scene of the accident or as close to it as possible and return to, and remain at, the scene until the operator has fulfilled the requirements of AS 28.35.060.
(b) The operator of a vehicle involved in an accident resulting only in damage to a vehicle driven or attended by a person shall immediately stop the vehicle at the scene of the accident or as close to it as possible and return to, and remain at, the scene of the accident until the operator has fulfilled the requirements of AS 28.35.060.
(c) The operator of a vehicle involved in an accident resulting only in damage to a vehicle that is unattended shall immediately stop at the scene of the accident and undertake reasonable means and efforts to locate and notify the operator or owner of the damaged unattended vehicle of the name and address of the operator and owner of the vehicle striking the unattended vehicle. If the operator or owner of the unattended vehicle cannot be located then the operator shall leave in a conspicuous place in or upon the unattended vehicle, a writing stating the name and address of the operator and of the owner of the vehicle that struck the unattended vehicle and setting forth a statement of the circumstances of the accident.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 2. Duties Following Accidents. › Sec. 28.35.060. Duty of operator to give information and render assistance.

(a) The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall give the operator's name, address, and vehicle license number to the person struck or injured, or the operator or occupant, or the person attending, and the vehicle collided with and shall render to any person injured reasonable assistance, including making of arrangements for attendance upon the person by a physician and transportation, in a manner that will not cause further injury, to a hospital for medical treatment if it is apparent that treatment is desirable. Under no circumstances is the giving of assistance or other compliance with the provisions of this paragraph evidence of the liability of an operator for the accident.
(b) Except as provided in (c) of this section, a person who fails to comply with any of the requirements of this section is, upon conviction, punishable by imprisonment for not more than one year, or by a fine of not more than $500, or by both. This provision does not apply to a person incapacitated by the accident to the extent that the person is physically incapable of complying with the requirement.
(c) A person who fails to comply with a requirement of this section regarding assisting an injured person is, upon conviction, punishable by imprisonment for not more than 10 years, or by a fine of not more than $10,000, or by both. This provision does not apply to a person incapacitated by the accident to the extent that the person is physically incapable of complying with the requirement.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 2. Duties Following Accidents. › Sec. 28.35.070. Examination or impounding before repair.

A person may not make or have made repairs to damage or injury to a motor vehicle that could have been caused by collision with a person or property without first notifying the Department of Public Safety, chief of police, or in the absence of these, the nearest police officer or other peace officer, who shall immediately examine the vehicle and make a full report subscribed by the person in whose custody the vehicle then is. A copy of the report shall be mailed or delivered to the Department of Public Safety. If no official is within 10 miles of the place where the vehicle is brought for repair, then no notice or examination is required. If there is ground for suspecting that the vehicle was involved in a collision with a person, the vehicle shall be impounded at the expense of the owner, for which the custodian shall have a lien, and shall be accessible only to officers detailed to the investigation of the case until released. If, however, there is no reason to suspect that the damage to the motor vehicle was caused by collision with a person or property, the repair of the vehicle may be authorized by the officer in charge of the investigation at any time after the expiration of 24 hours thereafter.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 2. Duties Following Accidents. › Sec. 28.35.080. Immediate notice of accident.

(a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the Department of Public Safety.
(b) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall, within 10 days after the accident, forward a written or electronic report of the accident to the Department of Administration and to the local police department if the accident occurs within a municipality. A report is not required under this subsection if the accident is investigated by a peace officer.
(c) The form of accident report required under (b) of this section can be obtained from the department's Internet website, any local police department, or the Department of Public Safety.
(d) The Department of Administration may require the driver of a vehicle involved in an accident of which a report must be made to file supplemental reports whenever the original report is insufficient in the opinion of that department.
(e) Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident for which a report must be made, either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall, within 24 hours after completing the investigation, forward an electronic report of the accident to the Department of Administration. However, the law enforcement officer may submit a written report if the law enforcement agency employing the officer has received an exemption from the Department of Public Safety because the law enforcement agency does not have the technological capacity to submit reports of motor vehicle accidents electronically. The commissioner of public safety shall notify the Department of Administration of the exemption and the period for which the exemption was granted under this subsection.
(f) An accident report is not required under this section from a person who is physically incapable of making the report during the period of incapacity.
(g) The Department of Administration shall consider accident reports under this section to satisfy any requirements for reporting of motor vehicle crashes in the state.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 2. Duties Following Accidents. › Sec. 28.35.090. Rendering of report by others.

(a) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in AS 28.35.080 and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or give the notice not given by the driver.
(b) Whenever the driver is physically incapable of making a written report of an accident as required in AS 28.35.080 and the driver is not the owner of the vehicle, then the owner of the vehicle involved in the accident shall within five days after learning of the accident make the report not made by the driver.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 2. Duties Following Accidents. › Sec. 28.35.100. Form of reports.

(a) The Department of Public Safety shall prepare and upon request supply to police departments, coroners, local peace officers, garages, and other suitable agencies or individuals, forms for accident reports. The written reports by persons involved in accidents and by investigating officers shall require sufficiently detailed information to disclose the cause of the accident, conditions existing at the time of the accident, and the persons and vehicles involved.
(b) Every accident report required to be made in writing shall be made on the appropriate form approved by the Department of Public Safety and must contain all of the information required unless not available.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 2. Duties Following Accidents. › Sec. 28.35.110. Penalty for giving false information in report or failing to report.

(a) A person who gives information in reports as required in AS 28.35.080 knowing or having reason to believe that the information is false is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both.
(b) The department shall suspend the license or permit to drive and the nonresident operating privileges of a person failing to report an accident as provided in AS 28.35.080 until the report is filed. The department may extend the suspension by not more than 30 days. A person failing to make a report as required in AS 28.35.080 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $200, or by imprisonment for not more than 90 days, or by both.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 2. Duties Following Accidents. › Sec. 28.35.130. False report or destruction of evidence involving a vehicle.

An officer or person who knowingly makes or subscribes a false report concerning an investigation of a vehicle or damage or injury caused by a vehicle, as provided in this chapter, is guilty of unsworn falsification in the second degree. A person who destroys, obliterates, conceals, or removes, or who aids, abets, or assists in the destruction, obliteration, concealment, or removal from a vehicle, of evidence showing or tending to show that the vehicle collided with a person or property, is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.135. Unlawful to knowingly make false statement, application, or certification.

(a) A person may not knowingly make a false affidavit, statement, or representation, or affirm falsely with respect to a matter or fact required to be set out under this title, nor may the person use a name other than the person's true name. A person convicted of violating this section is guilty of unsworn falsification in the second degree and is punishable as prescribed by law.
(b) A person who has a certification, registration, title, license, or other form issued under this title, or who has applied for a certification, registration, license, or other form, and who changes the person's name or moves from the address shown on the department's records or forms, shall notify the department of the change in name or address within 30 days
(1) on a form or in a format specified by the department; and
(2) in a manner prescribed in regulations adopted by the department.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.140. Unlawful obstruction or blocking of traffic; duty to yield to following traffic.

(a) A person may not purposely obstruct or block traffic on any roadway by any means. However, a service vehicle such as a bus, garbage truck, tow truck, or ambulance may make brief stops on a roadway, which stops on the roadway are necessary in the performance of its services.
(b) A person operating a motor vehicle at any time on a two-lane roadway outside of an urban area shall pull the motor vehicle off the roadway at the first opportunity to pull over safely if there are five or more motor vehicles immediately following that motor vehicle. A person operating a motor vehicle who violates this subsection is guilty of an infraction as described in AS 28.90.010(d) and shall be punished by a fine of at least $100.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.145. Overtaking and passing school bus.

(a) The driver of a vehicle that approaches from any direction a school bus stopped on a highway or vehicular way or area shall stop not less than 30 feet from the school bus before reaching it when there are in operation on the school bus flashing red lights as required by regulation. The driver may not proceed until the school bus proceeds and the flashing lights are no longer illuminated.
(b) When a school bus is stopped on a highway or vehicular way or area, whether or not there are in operation on the school bus flashing red lights as required by regulation, the driver of a vehicle shall yield the right-of-way to a person crossing a highway, vehicular way, or area to embark on or disembark from the school bus, whether or not the person is crossing within a marked crosswalk.
(c) The driver of a vehicle on a highway with separate roadways is not required to stop when meeting or passing a school bus that is on a different roadway or, if upon a controlled access highway, when a school bus is stopped off the highway in a loading zone that is part of, or adjacent to, the controlled access highway, and pedestrians are not permitted to cross the highway.
(d) A driver convicted under this section is guilty of a class B misdemeanor and, in addition to other penalties as provided by law, is subject to a mandatory assessment of six demerit points under AS 28.15.221 - 28.15.261.
(e) A vehicle owner, or in the case of a leased vehicle a lessee, is guilty of an infraction as described in AS 28.90.010(d) and may be punished by a fine not to exceed $100, if the vehicle owned or leased by the person is operated in violation of this section. The owner or lessee may not be penalized if the vehicle was stolen, or the driver of the vehicle is convicted under (d) of this section. This subsection does not apply to a lessor of a vehicle if the lessor keeps a record of the name and address of the lessee. A violation of this subsection may not result in the loss of a driver's license or privilege to drive and does not constitute grounds for assessment of demerit points under AS 28.15.221 - 28.15.261. This subsection does not prohibit or limit the prosecution of a vehicle driver for violating (a) or (b) of this section.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.155. Operation of vehicle with certain tires prohibited.

(a) It is unlawful to operate a motor vehicle with studded tires or tires with chains attached on a paved highway or road from May 1 through September 15, inclusive, north of 60 North Latitude and from April 15 through September 30, inclusive, south of 60 North Latitude, except that at any latitude on a paved portion of the Sterling Highway a person may not operate a motor vehicle with studded tires or tires with chains attached from May 1 through September 15, inclusive. The commissioner of public safety shall by emergency order provide for additional lawful operating periods based on unusual seasonal or weather conditions. An emergency order adopted under this section is not subject to AS 44.62 (Administrative Procedure Act). Upon application, a special individual traction permit may be issued by the Department of Administration allowing the operation of a motor vehicle with studded tires or chains at any time at the discretion of the vehicle owner. The fee for the special individual permit is one-third of the biennial registration fee applicable to that class of vehicle under AS 28.10.421. The department may provide an appropriate sticker or other device identifying the vehicle to which the permit applies.
(b) In this section, “studded tire” means a tire with metal studs or spikes imbedded in the periphery of the tire surface, and protruding not more than one-fourth inch from the tire surface.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.175. Propane gas detector required.

A person may not sell a recreational motor vehicle manufactured after 1990 or rent a recreational motor vehicle to another if the vehicle is equipped with a propane stove or propane heating device unless the vehicle is also equipped with a propane gas detector.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.180. Disobedience to signals of officer regulating traffic prohibited.

A driver of a vehicle may not refuse to obey a lawful order or direction of a peace officer, firefighter, or authorized flagman regulating and directing traffic. A peace officer or firefighter regulating or directing traffic shall, upon request of a driver, produce evidence of authorization unless the officer or firefighter is wearing in view the badge or uniform of office.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.182. Failure to stop at direction of peace officer.

(a) A person commits the offense of failure to stop at the direction of a peace officer in the first degree if the person violates (b) of this section, and, during the commission of that offense,
(1) the person violates AS 28.35.400;
(2) the person is committing vehicle theft in the first or second degree; or
(3) as a result of the person's operation or driving, an accident occurs or a person suffers serious physical injury; in this paragraph, “serious physical injury” has the meaning given in AS 11.81.900.
(b) A person commits the offense of failure to stop at the direction of a peace officer in the second degree if the person, while driving or operating a vehicle or motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop as soon as practical and in a reasonably safe manner under the circumstances when requested or signaled to do so by a peace officer.
(c) In a prosecution under this section, it is an affirmative defense, if the peace officer, when requesting or signaling the defendant to stop,
(1) was operating a vehicle, motor vehicle, aircraft, or watercraft, and the vehicle, motor vehicle, aircraft, or watercraft
(A) did not meet lighting and audible signaling requirements of law for law enforcement vehicles; and
(B) was not marked appropriately so that a reasonable person would recognize it as a law enforcement vehicle; or
(2) was not operating a vehicle, motor vehicle, aircraft, or watercraft, and the peace officer was not wearing the uniform of office or displaying a badge or other symbol of authority so as to be reasonably identifiable as a peace officer.
(d) In this section,
(1) “knowingly” has the meaning given in AS 11.81.900;
(2) “signal” means a hand motion, audible mechanical or electronic noise device, visual light device, or combination of them, used in a manner that a reasonable person would understand to mean that the peace officer intends that the person stop.
(e) Failure to stop at the direction of a peace officer in the first degree is a class C felony punishable as provided in AS 12.55. Failure to stop at the direction of a peace officer in the second degree is a class A misdemeanor.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.185. Overtaking and passing certain stationary vehicles.

(a) The driver of a vehicle that approaches a stationary emergency vehicle, fire vehicle, law enforcement vehicle, tow truck in the act of picking up a vehicle, vehicle in the act of performing maintenance or road service work, or animal control vehicle being used to perform official duties, when the stationary vehicle is displaying flashing emergency lights on a highway or roadway
(1) with two or more lanes traveling in the same direction, unless otherwise directed by law enforcement or emergency personnel, shall
(A) if possible in the existing safety and traffic conditions, vacate the lane closest to the emergency vehicle, fire vehicle, law enforcement vehicle, tow truck in the act of picking up a vehicle, vehicle in the act of performing maintenance or road service work, or animal control vehicle being used to perform official duties; or
(B) if a lane change under (A) of this paragraph would be impossible, prohibited by law, or unsafe, slow to a reasonable and prudent speed considering the traffic, roadway, and weather conditions;
(2) with fewer than two lanes traveling in the same direction, unless otherwise directed by law enforcement or emergency personnel, shall slow to a reasonable and prudent speed considering the traffic, roadway, and weather conditions.
(b) A person who violates this section is guilty of
(1) a class A misdemeanor if personal injury results from the person's failure to vacate the lane or slow as required by this section;
(2) an infraction, under circumstances other than in (1) of this subsection.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.191. Failure to use headlights.

(a) A person commits the offense of failure to use headlights if the person operates a motor vehicle without the use of motor vehicle headlights
(1) between one half-hour after sunset and one half-hour before sunrise;
(2) at any other time when, because of insufficient light or other atmospheric conditions, persons or motor vehicles are not clearly discernible at a distance of 1,000 feet; or
(3) on a road that is a designated traffic safety corridor under AS 19.10.075.
(b) A person operating a motor vehicle may not be required to use motor vehicle headlights except as required in (a) of this section.
(c) Failure to use headlights is an infraction.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 35. Offenses and Accidents › Article 3. Miscellaneous Offenses. › Sec. 28.35.225. Enforcement.

All law enforcement officers in this state and employees of the Department of Public Safety designated by that department's commissioner shall enforce this title and regulations adopted under this title. The state troopers shall advise and instruct all other law enforcement officers in the state concerning the requirements of this title and regulations adopted under this title.