Alaska Administrative Code › Title 13 - Public Safety › Part 1 - Division of Alaska State Troopers › Chapter 40 - General Provisions › 13 AAC 40.010 - Definitions

Current through May 31, 2024
(a) Unless otherwise provided or the context
				requires otherwise, in AS 28, 13 AAC 02, 13 AAC 04, and 13 AAC 05 of this
				title,
(1) "alley" means a street or highway
				intended to provide access to the rear or side of lots or buildings in urban
				districts and not intended for use by through vehicular traffic;
(2) "arterial street" means a United States
				or state numbered route, controlled-access highway, or other major radial or
				circumferential street or highway designated by a municipality within its
				respective jurisdiction as part of an interlocking system of streets or
				highways;
(3) "authorized emergency
				vehicle" means a vehicle equipped as required by
				13 AAC 04.090,
				13 AAC 04.095, and
				13 AAC 04.210 and which is used by
				a publicly maintained fire or police department, airport security police, a
				public or private ambulance service, a vehicle of a federal agency which is
				designated as an emergency vehicle by that agency, or other vehicles designated
				by the commissioner; the term does not include a person's private vehicle
				equipped as provided by
				13 AAC 04.100;
(4) "authorized flagman" means every person
				who is directing or regulating traffic as required by statute, regulation or
				ordinance, or by contract or agreement, and who is wearing and equipped with
				the warning devices set out in the
Alaska Traffic
				Manual,
published by the Department of Transportation and Public
				Facilities;
(5) "bicycle" means a
				vehicle propelled exclusively by human power upon which a person may ride,
				having two tandem wheels or three wheels in contact with the ground, except
				scooters and similar devices;
(6)
				"bus" means every motor vehicle designed to transport 16 or more passengers
				including the driver;
(7) "business
				district" means the territory contiguous to and including a highway, other than
				a controlled-access highway, when within any 600 feet along the highway there
				are buildings in use for business or industrial purposes, including, but not
				limited to, hotels, banks, office buildings, railroad stations or public
				buildings other than schools which occupy at least 300 feet of frontage on one
				side or 300 feet collectively on both sides of the highway; however, if the
				highway is physically divided into two or more roadways, only those buildings
				facing each roadway separately may be regarded;
(8) "centerline" means the line, marked or
				unmarked, parallel to and approximately equidistant from the sides of a roadway
				or highway, or a plainly marked dividing line on a roadway between lanes of
				traffic traveling in opposite directions which may or may not be equidistant
				from the sides of the roadway or highway;
(9) "controlled-access highway" means every
				highway, street, or roadway where access to or from the highway is determined
				by the public authority having jurisdiction over the highway, street or
				roadway;
(10) "cowling" means the
				forward or rear portion of a snowmobile surrounding the motor and clutch
				assembly;
(11) "crosswalk" means
				that portion of a roadway at an intersection which is between an extension of a
				sidewalk which ends on the opposite side of the roadway or, in the absence of a
				sidewalk, that portion of the roadway which is an extension of the edge of the
				roadway to the opposite side of the roadway and between a parallel line 10 feet
				from that extension in a direction away from the intersection, except as
				modified by a marked crosswalk on a portion of a roadway at an intersection or
				elsewhere which is distinctly indicated by lines or other markings on the
				surface of the roadway;
(12)
				"dazzle" means to cause a person to lose clear vision due to the effect of a
				brilliantly shining light;
(13)
				"dismantle" means the taking, removing, or stripping of parts of a vehicle so
				that the vehicle cannot be used for its primary function without substantial
				repair or reconstruction;
(14)
				"divided highway" means a highway divided into two or more roadways by leaving
				an intervening space or by a physical barrier or by a clearly indicated
				dividing section;
(15)
				"driveaway-towaway operation" means an operation in which a motor vehicle or a
				trailer, singly or in combination, constitutes the commodity being transported,
				when one or more sets of wheels of the towed vehicle are on the roadway during
				the course of transportation, whether or not the towed vehicle furnishes motive
				power;
(16) "emergency lifesaving
				or medical services" means medical assistance given to a person whose
				circumstances, in the opinion of a reasonably prudent person, are such that his
				life or well-being is endangered;
(17) "explosives" means a chemical compound
				or mechanical mixture that is commonly used or intended for the purpose of
				producing an explosion, and which contains oxidizing and combustible units or
				other ingredients in proportions, quantities, or packing that an ignition by
				fire, friction, concussion, percussion, or detonation of a part of the compound
				or mixture may cause a sudden generation of highly heated gases which are
				capable of producing destructive effects on objects, life or limb;
(18) "flammable liquid" means a liquid which
				has a flashpoint of 60 degrees centigrade (140 degrees Fahrenheit), or less, as
				determined by tagliabue or equivalent closed-cup test device, and having a
				vapor pressure not exceeding 40 pounds per square inch (absolute) at 37.8
				degrees centigrade (100 degrees Fahrenheit); it includes a Class IIIA
				"combustible liquid" as defined in the
National Fire
				Code,
Volume I, 1967-68, and "cutback" or heated asphalt which has or
				assumes a flashpoint of less than 93.3 degrees centigrade (200 degrees
				Fahrenheit);
(19) "historic
				vehicle" means a motor vehicle 30 years or more in age which is driven or moved
				upon a highway for the primary purpose of historical exhibition or similar
				activity;
(20) "implement of
				husbandry" means a vehicle designed or adapted and used primarily for
				agricultural, horticultural or livestock-raising operations and is only
				incidentally moved upon the highway; it includes farm tractors used primarily
				for drawing plows and mowing machines;
(21) "intersection" means the area within the
				prolongation or connection of the lateral curblines or, if none, the lateral
				boundary lines of the roadways of two highways which join one another
				approximately at right angles, or the area within which vehicles traveling upon
				different highways joining at any other angle meet; where a highway includes
				two roadways 30 feet or more apart, every crossing of each roadway by an
				intersecting highway is a separate intersection; if intersecting highways
				include two roadways 30 feet or more apart, every crossing of the roadways of
				the highways is a separate intersection; the junction of an alley with a street
				or highway is not an intersection;
(22) "laned roadway" means a roadway which is
				divided into two or more clearly marked lanes for vehicular traffic;
(23) "loading zone" means a space reserved
				for the use of vehicles during the loading or unloading of passengers or
				property;
(24) "manufacturer" means
				a person in the business of construction or assembling vehicles required to be
				registered under AS 28.10;
(25)
				"manufacturer's statement of origin" means a statement or certificate of origin
				and subsequent ownership of a vehicle until title to the vehicle is
				issued;
(26) "metal tire" means a
				tire or wheel whose surface in contact with the highway is wholly or partly
				metal or other hard, nonresilient material, except a pneumatic tire
				manufactured with metal studs attached to the surface to improve traction on
				ice or snow, if the metal in contact with the roadway does not exceed three
				percent of the total tire area in contact with the roadway;
(27) "mobile home" means a trailer in excess
				of either 28 feet in length or eight feet in width that is designed,
				constructed, and equipped for use as a dwelling or as a place of business,
				storage or other off-highway purpose;
(28) "motor home" means a motor vehicle
				designed, constructed, or used primarily as a dwelling, office or commercial
				space;
(29) "new vehicle" means a
				vehicle that has not been sold or registered in this or another jurisdiction;
				it does not include a vehicle sold by a manufacturer or transporter to a dealer
				or sold by a dealer to another dealer;
(30) "off-highway vehicle" means a vehicle
				designed or adapted for cross-country operation over unimproved terrain, ice or
				snow, and which has been declared by its owner at the time of registration and
				determined by the department to be unsuitable for general highway use, although
				the vehicle may make incidental use of a highway as provided in this title; it
				does not include implements of husbandry and special mobile
				equipment;
(31) "park" or "parking"
				mean the standing of a vehicle, whether occupied or not; it does not include
				the stopping temporarily for the purpose of and while actually engaged in
				loading or unloading property or passengers;
(32) "passenger car" means a motor vehicle,
				except motorcycles, motor-driven cycles, and off-highway vehicles designed for
				carrying 10 passengers or less, and used primarily for the transportation of
				persons;
(33) "pedestrian" means
				any person afoot; it includes a person on skis or snowshoes;
(34) "pneumatic tire" means a tire in which
				compressed air is designed to support the load;
(35) "pole trailer" means a vehicle without
				motive power designed to be drawn by another vehicle and attached to the towing
				vehicle by means of a reach, pole, or by being boomed or otherwise secured to
				the towing vehicle, and ordinarily used for transporting long or irregularly
				shaped loads such as poles, pipes, or structural members capable generally of
				sustaining themselves as beams between the supporting connections;
(36) "police officer" means a person
				authorized to direct or regulate traffic or to make arrest or issue a citation
				for violations of traffic regulations;
(37) "private road or driveway" means a way
				or place in private ownership used for vehicular travel by the owner or those
				having express or implied permission from the owner;
(38) "railroad" means a carrier of persons or
				property upon cars, other than streetcars, operated upon stationary
				rails;
(39) "railroad sign or
				signal" means a sign, signal or device erected by a state or local official or
				by a railroad, and intended to give notice of the presence of railroad tracks
				or the approach of a railroad train;
(40) "railroad train" means a diesel, steam,
				electric or other motorized unit operated upon rails; it does not include
				streetcars;
(41) "reconstructed
				vehicle" means a vehicle required to be registered under AS 28.10 which is
				materially altered from its original construction by the removal, addition, or
				substitution of equipment which tends to conceal the identity of the vehicle or
				substantially alters its appearance, model, type, or mode of driving or
				movement;
(42) "residence district"
				means the territory contiguous to and including a highway except a
				controlled-access highway and not comprising a business district, if the
				property fronting the highway for a continuous distance of 300 feet or more is
				in the main improved with residences, or residences and buildings in use for
				business;
(43) "right-of-way" means
				the right of one vehicle or pedestrian to proceed in preference to another
				vehicle or pedestrian approaching under circumstances of direction, speed and
				proximity which give rise to danger of collision unless one grants precedence
				to the other;
(44) "rotary traffic
				island" means an island located in the center of a roundabout;
(45) "safety zone" means the area of space
				officially set apart within a roadway for the exclusive use of pedestrians, and
				which is protected or marked by signs which are plainly visible at the time it
				is used as a safety zone;
(46)
				"school bus" means every motor vehicle that complies with the color and
				identification requirements set forth in the edition of
Minimum
				Standards for School Buses and Minimum Standards for Alaska School
				Buses,
which is in effect on the effective date of this section, and is
				used to transport children to or from school or in connection with school
				activities; it does not include buses operated by common carriers for the urban
				transportation of school children;
(47) "semitrailer" means a vehicle with or
				without motive power, other than a pole trailer, designed for carrying persons
				or property, drawn by a motor vehicle, and constructed so that part of its
				weight rests upon or is carried by another vehicle;
(48) "sidewalk" means that portion of a
				street between the curblines or the lateral lines of a roadway and the adjacent
				property lines, and intended for use by pedestrians;
(49) "snowmobile" means a motor vehicle
				designed to travel over ice or snow, and supported in part by skis, belts,
				cleats, or low-pressure tires;
(50)
				"solid rubber tire" means a tire of rubber or other resilient material which
				does not depend upon compressed air for the support of the load;
(51) "specially constructed vehicle" means a
				vehicle required to be registered under AS 28.10, which is not originally
				constructed under a distinctive name, make, model, or type by a generally
				recognized manufacturer of vehicles and which is not materially altered from
				its original construction;
(52)
				"special mobile equipment" means a vehicle which is not designed or used
				primarily for the transportation of persons or property and only incidentally
				operated or moved over a highway, including but not limited to ditch digging
				apparatus, well boring apparatus, construction and maintenance machinery such
				as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than
				truck tractors, ditchers, leveling graders, finishing machines, motor graders,
				road rollers, scarifers, earthmoving carryalls and scrapers, power shovels and
				drag lines, and self-propelled cranes and earthmoving equipment; it does not
				include house trailers, mobile homes, off-highway vehicles, dump trucks,
				truck-mounted transit mixers, cranes, or shovels, or other vehicles designed
				for the transportation of persons or property to which machinery has been
				attached;
(53) "stand" or
				"standing" means the halting of a vehicle, whether occupied or not, except
				temporarily for the purpose of and while actually engaged in receiving or
				discharging passengers;
(54) "stop"
				or "stopping" means a complete cessation from movement, or the halting, even
				momentarily, of a vehicle, whether occupied or not, except when necessary to
				avoid conflict with other traffic or in compliance with the directions of a
				police officer or traffic-control sign or signal;
(55) "street" means a highway as defined in
				AS 28;
(56) "through highway" means
				a highway or portion of highway on which vehicular traffic has preferential
				right-of-way, the entrances to which vehicular traffic from intersecting
				highways is required by law to yield the right-of-way to vehicles on the
				highway in obedience to a stop sign, yield sign, or other official
				traffic-control device;
(57) "tow
				car" means a motor vehicle which is equipped for towing vehicles by means of a
				crane, hoist, tow bar, tow line or dolly, and is used primarily for towing or
				otherwise rendering assistance to other vehicles;
(58) "trailer" means a vehicle, with or
				without motive power, designed for carrying persons or property and for being
				drawn by a motor vehicle; it includes semitrailers and pole trailers;
(59) "transporter" means a person in the
				business of delivering vehicles which are required to be registered under AS
				28.10 when the delivery is from a manufacturing, assembling, or distributing
				plant to a dealer or sales agent of a manufacturer;
(60) "truck" means every motor vehicle
				designed, used or maintained primarily for the transportation of
				property;
(61) "truck-camper" means
				a structure designed, used or maintained primarily to be loaded on, or affixed
				to, a motor vehicle to provide a mobile dwelling, sleeping place, office or
				commercial space;
(62)
				"truck-tractor" means a motor vehicle designed and used primarily for drawing
				other vehicles, which is not designed or constructed to carry a load other than
				a part of the weight of the vehicle and load being drawn;
(63) "urban district" means the territory
				contiguous to and including a street with structures devoted to business,
				industry or dwelling houses situated at intervals of less than 100 feet for a
				distance of at least a quarter of a mile;
(64) "vehicle identification number" means
				the numbers and letters or other distinguishing marks designated by the
				department for the purpose of identifying a vehicle or its parts, placed on an
				engine, transmission, or other equipment by its manufacturer or by authority of
				the department, or in accordance with the laws of another
				jurisdiction;
(65) "wrecked
				vehicle" means a vehicle which is so disabled that the whole vehicle cannot be
				used for its primary function without substantial repair or
				reconstruction;
(66) "roundabout"
				means a circular intersection around a rotary traffic island, where two or more
				roadways join and the vehicular traffic is directed to travel in a single
				specified direction around the perimeter of the rotary traffic
				island.
(67) "all purpose vehicle"
(A) means any self-propelled vehicle that is
				designed to travel on wheels or tracks in contact with the ground and is
				commonly used to transport persons for recreational purposes, including
				vehicles such as four-wheel drive units, all-terrain vehicles (ATVs), or
				utility terrain vehicles (UTVs)
(B)
				does not include off- highway vehicles.