17 AAC 25.220 - [Effective until 1/11/2024] Hours of service

(a) A person driving a commercial motor vehicle, or a company whose business involves the operation of a commercial motor vehicle, upon a highway or vehicular way or area, shall comply with the regulations relating to the management, operation, or driving of commercial motor vehicles, adopted by the United States Department of Transportation and contained in 49 C.F.R. Part 395 (hours of service of drivers), as revised as of October 1, 2018 and adopted by reference, except as provided in (b) of this section.
(b) The federal regulations in 49 C.F.R. that are adopted by reference in (a) of this section are revised as follows:
(1) repealed 4/12/2013;
(2) 49 C.F.R. 395.13(a) is revised to read: "An enforcement officer may declare a driver out of service and notify the motor carrier of the declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria set out in 49 C.F.R. 395.13(b).";
(3) 49 C.F.R. 395.13(c)(2) is revised to read: "A motor carrier shall complete the carrier certification portion of State of Alaska Commercial Vehicle Enforcement Driver/Vehicle Examination Report form and deliver the copy of the form either personally or by mail to the division within 15 working days following the date of examination. If the motor carrier mails the form, delivery is considered made on the day it is postmarked.";
(4) repealed 4/12/2013.
(c) A commercial motor vehicle operating in intrastate commerce, whose gross vehicle weight, gross vehicle weight rating, gross combined weight, or gross combined weight rating is equal to or less than 26,000 pounds, is exempt from the requirements of this section if the operator of the commercial motor vehicle
(1) is furthering the operator's fishing operations;
(2) holds
(A) a commercial fishing license issued under AS 16.05.480;
(B) a sport fishing operator registration in accordance with 5 AAC 75.075;
(C) a sport fishing guide registration in accordance with 5 AAC 75.075; or
(D) a permit issued under AS 16.43.140;
(3) is operating the vehicle on any roadway in the state, other than a roadway within the Municipality of Anchorage or the City of Fairbanks; and
(4) is not transporting hazardous materials for which a placard is required under 49 C.F.R. Part 172, adopted by reference in 17 AAC 25.200(a), or operating a vehicle designed or used to transport more than 15 individuals, including the driver.
(d) A commercial motor vehicle operating in interstate commerce, whose gross vehicle weight, gross vehicle weight rating, gross combined weight, or gross combined weight rating is equal to or less than 26,000 pounds, is exempt from the requirements of 49 C.F.R. 395.20 - 395.38 (electronic logging devices (ELDs)), unless the commercial motor vehicle is
(1) transporting hazardous materials for which a placard is required under 49 C.F.R. Part 172, adopted by reference in 17 AAC 25.200(a); or
(2) designed or used to transport more than 15 passengers, including the driver.
(3) the driver does not drive more than 15 hours in a 24 hour period, regardless of the number of motor carriers using the drivers's services;
(4) the driver does not drive after accumulating 168 on-duty hours in 14 consecutive days, regardless of the number of employers using the driver's services; and
(5) the motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
(A) the time the driver reports for duty each day;
(B) the total number of hours the driver is on duty each day;
(C) the time the driver is released from duty each day; and
(D) the total time for the preceding 7 days in accordance with 49 C.F.R. 395.8(j)(2) for drivers used for the first time or intermittently.

Notes

17 AAC 25.220
Eff. 11/16/2004, Register 172; am 12/31/2006, Register 180; am 4/9/2009, Register 190; am 12/30/2010, Register 196; am 4/12/2013, Register 206; am 11/26/2015, Register 216, January 2016; am 12/6/2018, Register 228, January 2019; am 4/4/2020, Register 234, April 2020

Authority: AS 19.05.010

AS 19.05.020

AS 19.05.040

AS 19.10.060

AS 19.10.370

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