Article 1. Issuance, Expiration, and Renewal of Licenses.

Chapter 15. Drivers' Licenses.

Sec. 28.15.010. License required. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.011. Drivers must be licensed.
 (a) A person may not be denied the privilege to drive a motor vehicle upon a highway in this state, except as prescribed by law.

 (b) Every person exercising the person's privilege to drive, or exercising any degree of physical control of a motor vehicle upon a highway, vehicular way or area, or other public property in this state, is required to have in the possession of the person a valid Alaska driver's license issued under the provisions of this chapter for the type or class of vehicle driven, unless expressly exempted by law from this requirement.

 (c) A person licensed under the provisions of this chapter may exercise in this state the privilege to drive a motor vehicle and is subject to the restrictions prescribed by this chapter. A municipality may not require a person to obtain any other driver's license to drive or operate a motor vehicle in this state.

 (d) Violation of (b) of this section is an infraction.




Secs. 28.15.015 , 28.15.020. Medical exams; exemptions. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.021. Persons exempt from driver licensing.
The following persons are exempt from driver licensing under this chapter:
     (1) an employee of the United States government while operating a motor vehicle owned by or leased to the United States government and being operated on official business, unless the employee is required by the United States government or an agency of that government to have a state driver's license;

     (2) a nonresident who is at least 16 years of age and who has a valid driver's license issued by another jurisdiction; however, an Alaska driver's license must be obtained by the end of a 90-day period after entry into the state;

     (3) a member of the armed forces of the United States or, if the member's spouse is 18 years of age or older, the spouse of a member of the armed forces of the United States who has a valid driver's license issued by another jurisdiction when the permanent residence of the member or spouse is maintained in that jurisdiction;

     (4) a person when driving an implement of husbandry, as defined by regulation, that is only temporarily driven or moved on a highway;

     (5) a person when driving or operating an off-highway vehicle, watercraft, aircraft, or other vehicle not designed for highway use as specified by the department by regulation;

     (6) a person who is at least 16 years of age with a valid driver's license from a jurisdiction other than Alaska while driving a motor-driven cycle; however, an Alaska driver's license for driving a motor-driven cycle must be obtained by the end of a 90-day period after entering the state;

     (7) a person when operating an electric personal motor vehicle;

     (8) certain drivers in the United States military service who are operating commercial motor vehicles for military purposes; in this paragraph, “certain drivers in the United States military service”
          (A) means
                (i) a member of the United States active duty military, including active duty United States Coast Guard;

                (ii) a member of the United States military reserves;

                (iii) a member of the Alaska National Guard or the national guard of another state on active duty in this state, including a member on part-time Alaska National Guard training; and

                (iv) an individual who serves as an Alaska National Guard military technician; in this sub-subparagraph, “Alaska National Guard military technician” means an individual who is not a member of the military, but is required to wear a military uniform;

          (B) does not include an individual who serves as a United States Military Reserve technician;

     (9) drivers employed by a municipality or established village, as that term is defined in AS 04.21.080, with a population of 3,000 or less operating snow removal equipment in this state within the boundaries of the municipality or established village if
          (A) the employee who is properly licensed in this state and ordinarily operates the equipment is unavailable; or

          (B) the municipality or established village determines that an emergency exists that requires additional assistance;

     (10) a nonresident who holds a valid commercial driver's license issued by another jurisdiction when the permanent residence of the commercial driver is maintained in that jurisdiction.




Sec. 28.15.030. Persons not to be licensed. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.031. Persons not to be licensed.
 (a) The department may not issue a driver's license to a person who is
     (1) under the age of 16 years, except that the department may issue a permit under AS 28.15.051 or a restricted license under AS 28.15.121; or

     (2) at least 16 years of age but not yet 18 years of age unless the person meets the requirements of AS 28.15.057.

 (b) The department may not issue an original or duplicate driver's license to, nor renew or reinstate the driver's license of, a person
     (1) whose license is suspended, revoked, canceled, or withdrawn in this or any other jurisdiction except as otherwise provided in this chapter;

     (2) who fails to appear in court for the adjudication of a certain vehicle, driver, or traffic offense when the person's appearance is required by statute, regulation, or court rule;

     (3) who is a habitual user of alcohol or another drug to such a degree that the person is incapable of safely driving a motor vehicle;

     (4) when the department, based upon medical evidence, has determined that because of the person's physical or mental disability the person is not able to drive a motor vehicle safely;

     (5) who is unable to understand official traffic control devices as displayed in this state or who does not have a fair knowledge of traffic laws and regulations, as demonstrated by an examination;

     (6) who has knowingly made a false statement in the person's application for a license or has committed fraud in connection with the person's application for, or in obtaining or attempting to obtain, a license, or who has not applied under oath on the form provided for the purpose of obtaining or attempting to obtain a license or permit; or

     (7) who is required under AS 28.20 to furnish proof of financial responsibility and who has not done so.

 (c) The department may not issue an original or duplicate commercial driver's license to, nor renew or reinstate the commercial driver's license of, a person who is disqualified from operating commercial motor vehicles in this or any other jurisdiction.

 (d) In this section, “disqualified” has the meaning given in AS 28.33.190.




Sec. 28.15.040. Instruction permits and temporary licenses. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.041. Classification of drivers' licenses.
 (a) The commissioner shall provide by regulation for the classification of drivers' licenses. The regulations must specify license classifications that are reasonably necessary for the safe operation of the various types, sizes, and combinations of motor vehicles. The regulations must also establish medical standards, standards of driving conduct and proficiency, and other standards governing the issuance, renewal, or denial of these licenses. The department may examine each applicant to determine the applicant's qualifications according to the class of license applied for, and upon issuing a driver's license the department shall indicate on the license the classification for which an applicant for a license has qualified by examination. The regulations and any subsequent modifications under this section become effective only if approved by a concurrent resolution adopted by a majority vote of each house of the legislature.

 (b) [Repealed, § 5 ch 53 SLA 1990.]
 (c) [Repealed, § 5 ch 53 SLA 1990.]
 (d) The commissioner shall adopt regulations for the issuance of drivers' licenses that are federally compliant. For drivers' licenses that are federally compliant, the department
     (1) shall copy, scan, or retain only the minimum number of documents required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state or federal law, for issuance of a driver's license that is federally compliant;

     (2) shall destroy, regularly and as close as practicable to 15 years after the date of application unless otherwise required by another applicable state or federal law, any documents retained under (1) of this subsection; and

     (3) may not copy, scan, or retain in any form a document that is not required to be retained under (1) of this subsection.

 (e) The department shall continue to issue drivers' licenses that are not federally compliant. Nothing in this section or regulations adopted under this section requires a driver to be issued a driver's license that is federally compliant. An applicant must clearly request a driver's license that is federally compliant to obtain one. The state or a municipal government may not require a person to possess or use a driver's license that is federally compliant unless the person is a state or municipal employee and the duties of the person's job require the use of a driver's license that is federally compliant. The state or a municipal government shall otherwise treat a driver's license that is not federally compliant the same as a driver's license that is federally compliant. For a driver's license that is not federally compliant, the department
     (1) shall retain an image of the face on the license for not more than 15 years after the date of application; if an applicant does not receive a driver's license, the department may not retain an image of the applicant's face;

     (2) shall scan and retain only the minimum documents necessary for issuance of the driver's license; the department shall destroy any documents retained one year after the driver's license expires.

 (f) The department shall provide public information about the differences between drivers' licenses and drivers' licenses that are federally compliant. The department shall also provide the information to applicants for new and renewal drivers' licenses at the time of application. At a minimum, the information must include a description of
     (1) each type of driver's license;

     (2) the storage and sharing process for an applicant's information for a driver's license and a driver's license that is federally compliant; and

     (3) the official purpose and limitations on the use of each type of driver's license, including a description of the purposes for which a driver's license that is federally compliant may be required and a description of alternatives to using a driver's license that is federally compliant to serve those purposes.




Sec. 28.15.046. Licensing of school bus drivers.
 (a) In addition to the requirements of AS 28.15.041(a), a person may not drive a school bus transporting school children to or from a public school to enable them to participate in class or a school activity, or a bus transporting school children to or from a public school for classroom studies until the person has applied for and has been issued a license for that purpose under this section. This subsection does not apply to a person or motor vehicle exempted under regulations adopted by the commissioner. In this subsection “classroom studies” means curriculum studies that take place in a public school building.

 (b) The department may not issue a license under this section unless the applicant
     (1) is at least 21 years of age;

     (2) has had a license to operate a motor vehicle at least three years before the date of application;

     (3) has successfully completed all required driving, written, and physical examinations;

     (4) has submitted the applicant's fingerprints, 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, and other information sufficient to complete a background check consisting of a fingerprint check of national criminal records and state criminal records of the state or states in which the applicant has resided for the past 10 years; 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;

     (5) has completed a state approved school bus driver training course established under AS 14.07.020(a)(14) or has for the previous two years been licensed by the state to operate a school bus.

 (c) The department may not issue a license under this section to an applicant
     (1) who has been convicted of any of the following offenses:
          (A) a violation, or an attempt, solicitation, or conspiracy to commit a violation, of AS 11.41.100 — 11.41.220, 11.41.260 — 11.41.320, 11.41.360 — 11.41.370, 11.41.410 — 11.41.470, or 11.41.500 — 11.41.530;

          (B) a felony violation of endangering the welfare of a child in the first degree under AS 11.51.100;

          (C) felony indecent viewing or production of a picture under AS 11.61.123;

          (D) distribution of child sexual abuse material under AS 11.61.125;

          (E) possession of child sexual abuse material under AS 11.61.127;

          (F) distribution of indecent material to minors under AS 11.61.128;

          (G) patron of a victim of sex trafficking under AS 11.66.137;

          (H) sex trafficking in the first, second, or third degree under AS 11.66.110 — 11.66.130;

          (I) a felony involving distribution of a controlled substance under AS 11.71 or imitation controlled substance under AS 11.73;

          (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); or

     (2) who has been convicted of any of the following offenses and less than two years have elapsed since the applicant's date of conviction for the offense:
          (A) assault in the fourth degree under AS 11.41.230;

          (B) reckless endangerment under AS 11.41.250;

          (C) contributing to the delinquency of a minor under AS 11.51.130;

          (D) misdemeanor prostitution under AS 11.66.100(a)(2);

          (E) a misdemeanor violation of endangering the welfare of a child in the first degree under AS 11.51.100.

 (d) The department may not issue a license under this section if, at the time of application
     (1) and under circumstances other than those described in (2) of this subsection, less than two years have elapsed from the date of the applicant's first conviction of either driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under AS 28.35.030 or refusal to submit to a chemical test under AS 28.35.032;

     (2) less than 10 years have elapsed from the date of the applicant's conviction for
          (A) refusal to submit to a chemical test under AS 28.35.032 if the offense occurred while driving a commercial motor vehicle; or

          (B) an offense described in AS 28.33.140(a)(1), (4), (5), or (10);

     (3) the applicant has been convicted two or more times of misdemeanor driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under AS 28.35.030 or misdemeanor refusal to submit to a chemical test under AS 28.35.032, or a combination of those offenses.

 (e) For purposes of determining whether an applicant has been convicted of an offense listed under (c) or (d) of this section, a conviction under prior state law or in another jurisdiction of an offense having elements similar to those of the offenses listed in (c) or (d) of this section is considered a conviction.

 (f) Costs of conducting the background check required under (b)(4) of this section shall be paid by the applicant. Application for renewal may be made by submitting to the department the results of a current physical examination and paying the required fee.

 (g) Conviction of an offense described in (c) or (d) of this section is grounds for the immediate cancellation of a license issued under this section.

 (h) To qualify for a license, an applicant who has been convicted of an offense described in (c)(2) or (d) of this section shall supply proof that is acceptable to the department of the date of the applicant's conviction for the offense.

 (i) A license issued under this section expires unless renewed within five years after the date of its issuance. A person may renew a license under this section within one year before its expiration upon proper application, payment of the required fee, and the completion of a background check under (b)(4) of this section.

 (j) The holder of a school bus driver's license under this section shall, at the time of renewal, report, on a form provided by the department, a conviction for an offense listed in (c), (d), or (e) of this section.

 (k) Notwithstanding (c) or (d) of this section, the department may, under standards set by regulation, issue a license to a person who
     (1) may otherwise not be issued a license under (d)(3) of this section if, in the 10-year period immediately preceding the application under this subsection, the person has not been convicted of a violation of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under AS 28.35.030 or refusal to submit to a chemical test under AS 28.35.032;

     (2) has been convicted of an offense listed under (c)(2)(A) — (D) of this section if less than two years have elapsed since the date of conviction and the offense was not against a child.

 (l) In this section, the date of conviction is the date that sentence is imposed for the offense.




Sec. 28.15.050. Applications. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.051. Instruction permits, temporary drivers' licenses, and special drivers' permits and licenses.
 (a) Except as provided in (b) of this section, a person who is at least 14 years of age may apply to the department for a noncommercial instruction permit. The department may, after the applicant has successfully passed all parts of the examination under AS 28.15.081 other than the driving test, issue to the applicant an instruction permit. The permit allows a person, while having the permit in the person's immediate possession, to drive a specified noncommercial type or class of motor vehicle on a highway or vehicular way or area for a period not to exceed two years. The permittee shall be accompanied by a person at least 21 years of age who has been licensed at least one year to drive the type or class of vehicle being used, who is capable of exercising control over the vehicle and who occupies a seat beside the driver, or who accompanies and immediately supervises the driver when the permittee drives a motorcycle. An instruction permit may be renewed one time. Once a license is issued to drive a specified type or class of motor vehicle, a driver is not eligible to obtain an instructional permit for that specified type or class of motor vehicle unless five years have passed since the expiration of the license.

 (b) The department, upon receiving proper application, may issue a restricted instruction permit effective for a school year or for a more restricted period to an applicant who is at least 14 years of age and who is enrolled in a driver education program that includes practice driving and is approved by the department. The restricted instruction permit allows the permittee, when the permittee has the permit in the permittee's immediate possession, to drive a specified type or class of motor vehicle; however, an approved instructor must occupy a seat beside the permittee or, if the permittee is driving a motorcycle, the permittee must be accompanied by and under the immediate supervision of an approved instructor.

 (c) The department may issue a temporary driver's license to an applicant for a driver's license permitting the applicant to drive a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's eligibility to receive a driver's license. The temporary license must be in the applicant's immediate possession while the applicant is driving a motor vehicle. A temporary driver's license is invalid when the applicant's license has been issued or has been refused for good cause.

 (d) The department may issue a special driver's permit to a person who is at least 14 years of age with the consent of the person's parents, guardians, or spouse who is 18 years of age or older, for the purpose of driving a motor-driven cycle. This permit may be issued upon application and successful completion of all prescribed tests and fees, and is valid for the same period of time as a driver's license. The permit is not valid in a municipality that by ordinance prohibits the driving of a motor-driven cycle by a person under the age of 16 years; a borough may adopt the ordinance on a nonareawide basis only, unless the power to adopt it on an areawide basis is acquired under AS 29.35.300 — 29.35.330 or former AS 29.33.250 — 29.33.290.

 (e) Notwithstanding other provisions of this chapter, the department may issue a special driver's license to a person who is under the age of 16 years because of the circumstances of hardship. Special licenses to be issued because of hardship shall be determined on an individual basis by the commissioner.

 (f) A person who is at least 18 years of age may apply to the department for a domiciled commercial instruction permit. The department may, after the applicant has successfully passed all parts of the examination under AS 28.15.081 other than the driving test, issue to the applicant a domiciled commercial instruction permit. The permit allows a person, while having the permit in the person's immediate possession, to drive a specified commercial type or class of motor vehicle on a highway or vehicular way or area for a period not to exceed 180 days. The permittee shall be accompanied by a person at least 21 years of age who has been licensed at least one year to drive the type or class of vehicle being used, who is capable of exercising control over the wheel, and who occupies a seat beside the driver. A domiciled commercial instruction permit may be renewed one time for a period of 180 days. Once a license is issued to drive a specified type or class of motor vehicle, a driver is not eligible to obtain a domiciled commercial instruction permit for that specified type or class of motor vehicle unless
     (1) five years have passed since the expiration of the previous license; or

     (2) the domiciled commercial instruction permit is obtained for the purpose of adding an endorsement to a current class of commercial license.

 (g) A person who is at least 18 years of age may apply to the department for a non-domiciled commercial instruction permit. The department may, after the applicant has successfully passed all parts of the examination under AS 28.15.081 other than the driving test, issue to the applicant a non-domiciled commercial instruction permit if the applicant is domiciled in a foreign jurisdiction or another state, the department determines that the commercial motor vehicle testing and licensing standards of the other jurisdiction meet the requirements of federal law, and the applicant satisfies the requirements of AS 28.33.100(a)(2)(B) — (D). The permit allows a person, while having the permit in the person's immediate possession, to drive a specified commercial type or class of motor vehicle on a highway or vehicular way or area for a period not to exceed one year. The permittee shall be accompanied by a person at least 21 years of age who has been licensed at least one year to drive the type or class of vehicle being used, who is capable of exercising control over the wheel, and who occupies a seat beside the driver. A non-domiciled commercial instruction permit must be marked with “non-domiciled” on the face of the document. A non-domiciled commercial instruction permit expires on the earlier of the expiration date determined by the United States Department of Homeland Security that is stated on the form required for the applicant under AS 28.33.100(a)(2)(B) or one year from the date of issuance. Once a license is issued to drive a specified type or class of motor vehicle, a driver is not eligible to obtain a non-domiciled commercial instruction permit for that specified type or class of motor vehicle unless
     (1) five years have passed since the expiration of the previous license; or

     (2) the non-domiciled commercial instruction permit is obtained for the purpose of adding an endorsement to a current class of commercial license.




Sec. 28.15.055. Provisional driver's license.
Upon application, the department may issue a provisional driver's license to a person who is at least 16 years of age but not yet 18 years of age if the
     (1) person has been licensed under an instruction permit issued under AS 28.15.051 or under the law of another state with substantially similar requirements for at least six months;

     (2) person's parent, legal guardian, or employer provides proof satisfactory to the department that the applicant has at least 40 hours of driving experience, including at least 10 hours of driving in progressively challenging circumstances, such as driving in inclement weather and nighttime driving; and

     (3) person has not been convicted of a violation of a traffic law within the six months before the application is filed; in this paragraph, “traffic law” has the meaning given to “traffic laws” in AS 28.15.261.




Sec. 28.15.057. Restrictions on driver's license issued to a person under 18.
 (a) Except as provided under AS 28.15.051, a person who is at least 16 years of age but not yet 18 years of age may not be issued a driver's license unless the person has
     (1) been licensed under an instruction permit issued under AS 28.15.051 or under the law of another state with substantially similar requirements for at least six months;

     (2) held a valid provisional driver's license issued under AS 28.15.055 for at least six months; and

     (3) not been convicted of violating a traffic law during the six months before applying for a driver's license; in this paragraph, “traffic law” has the meaning given to “traffic laws” in AS 28.15.261.

 (b) A person authorized to drive a motor vehicle under a provisional driver's license issued under AS 28.15.055 may not
     (1) operate a motor vehicle that is carrying any passengers
          (A) except a passenger who is a parent, legal guardian, sibling, or a person at least 21 years of age; or

          (B) unless at least one of the passengers is a parent, legal guardian, or person at least 21 years of age; or

     (2) operate a motor vehicle between the hours of 1:00 a.m. and 5:00 a.m., except when the person is
          (A) accompanied by a parent, legal guardian, or a person at least 21 years of age who is licensed to drive the type or class of vehicle being used; or

          (B) driving to or from the person's place of employment or within the scope of the person's employment and the driving is along the most direct available route.

 (c) This section does not apply to restricted licenses issued to persons to operate motor vehicles in areas of the state off the road system when operating motor vehicles in those areas.

 (d) A person who violates this section is guilty of an infraction.




Sec. 28.15.060. Applications of minors. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.061. Application for driver's license or instruction permit; notice of anatomical gift and living will procedure.
 (a) Application for an instruction permit or for a driver's license must be made on a form furnished by the department and must be accompanied by the fee required under AS 28.15.271.

 (b) An application under (a) of this section must
     (1) contain the applicant's full legal name, date and place of birth, sex, and mailing and residence addresses;

     (2) state whether the applicant has been previously licensed in the past 10 years as a driver and, if so, when and by what jurisdiction;

     (3) state whether any previous driver's license issued to the applicant has ever been suspended or revoked or whether an application for a driver's license has ever been refused and, if so, the date of and reason for the suspension, revocation, or refusal;

     (4) contain the applicant's social security number; the requirement of this paragraph only applies to an applicant who has been issued a social security number;

     (5) contain other information that the department may reasonably require to determine the applicant's identity, competency, and eligibility; and

     (6) require that the applicant indicate
          (A) that the applicant understands the options for drivers' licenses available at the time of issuance; and

          (B) the type of driver's license that the applicant selects.

 (c) When an application is received from a person previously licensed in another jurisdiction, the department may request a copy of the applicant's driving record from the other jurisdiction. Upon receipt of that record by the department, it becomes a part of the driver's record in this state with the same effect as if the record originated in this state.

 (d) An employee of the department who processes a driver's license application, other than an application received by mail, shall ask the applicant orally whether the applicant wishes to execute an anatomical gift. The department shall make known to all applicants the procedure for executing an anatomical gift under AS 13.52 (Health Care Decisions Act) by displaying posters in the offices in which applications are taken, by providing a brochure or other written information to each person who applies in person or by mail, and, if requested, by providing oral advice. The department shall inform each applicant in writing that, if the applicant executes a gift under AS 13.52 and if the gift is made with the driver's license application, the department will transmit the information on the license to a donor registry created under AS 13.50.110. The department shall also direct the applicant to notify a procurement organization or the department under AS 13.50.140 if the license is destroyed or mutilated or the gift is revoked under AS 13.52.183. The department shall carry out the requirements of AS 13.50.100 — 13.50.190.

 (e) [Repealed, § 17 ch 70 SLA 1984.]
 (f) At the time of application for a driver's license or an instruction permit, or renewal of a driver's license or an instruction permit, the department shall provide the applicant written information explaining the state's financial responsibility and mandatory motor vehicle insurance laws and potential penalties for failure to comply with those laws.

 (g) Upon request, the department shall provide a social security number provided under this section to the child support services agency created in AS 25.27.010, or the child support agency of another state, for child support purposes authorized by law.




Sec. 28.15.070. Examination. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.071. Application of minors.
 (a) The application of a person under the age of 18 years for an instruction permit or driver's license must be signed by the father, mother, guardian, or spouse who is 18 years of age or older, or if there is no parent, guardian, or spouse, then by another responsible adult who is willing to assume the obligation imposed under this section upon a person signing the application. The application must be signed and verified before a person authorized to administer oaths, or be signed in the presence of an authorized representative of the department.

 (b) Any negligence or wilful misconduct of a person under the age of 18 years when driving a motor vehicle in this state is imputed to the person who signed the application of the person for a permit or license, and that person is jointly and severally liable for damage caused by the negligence or wilful misconduct of the person under the age of 18 years, except as provided in (c) of this section.

 (c) If a minor deposits, or there is deposited on behalf of the minor, proof of financial responsibility for the minor's driving of a motor vehicle, in the form and amount required in AS 28.20, then the department may accept the application of the minor signed as required under (a) of this section, and, while proof of financial responsibility is maintained, the parent, guardian, spouse, or other responsible adult is not subject to the liability imposed under (b) of this section.

 (d) A person who signs the application of a minor for a driver's license may file with the department a verified written request that the license of the minor be canceled. When the license is canceled, the person who signed the application is relieved from liability under (b) of this section.

 (e) This section does not apply to a person under 18 years of age who is legally emancipated under AS 09.55.590 or a similar law in another jurisdiction.




Sec. 28.15.080. Issuance. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.081. Examination of applicants.
 (a) The department shall examine every applicant for a driver's license. The examination must include a test of the applicant's (1) eyesight, (2) ability to read and understand official traffic control devices, (3) knowledge of safe driving practices, (4) knowledge of the effects of alcohol and drugs on drivers and the dangers of driving under the influence of alcohol or drugs, (5) knowledge of the laws on driving while under the influence of an alcoholic beverage, inhalant, or controlled substance, (6) knowledge of the laws on financial responsibility and mandatory motor vehicle liability insurance, and (7) knowledge of the traffic laws and regulations of the state. The examination may include a demonstration of ability to exercise ordinary and reasonable control in the driving of a motor vehicle of the type and general class of vehicles for which the applicant seeks a license. However, an applicant who has not been previously issued a driver's license by this or another jurisdiction shall demonstrate ability and shall present medical information that the department reasonably requires to determine fitness to safely drive a motor vehicle of the type and general class of vehicles for which the applicant seeks a license.

 (b) The commissioner shall adopt regulations under the procedures established by AS 44.62 necessary to implement this section and the department may obtain the services of, and consult with, medical authorities whose specialties relate to driving abilities for the purpose of making the medical determinations necessary under this section or AS 28.15.091 or 28.15.101. Regulations adopted under this section must be approved by a concurrent resolution adopted by majority vote of each house of the legislature before becoming effective. The requirements of the eyesight test under this section may also be satisfied by presenting the current certification of a licensed physician or optometrist that the applicant's vision meets or exceeds the standards established by the department. The commissioner shall request and receive assistance from the commissioner of health in implementing this section.

 (c) A requirement for a medical examination under this chapter is satisfied if the applicant is the holder of a current and valid first- or second-class medical certificate issued under federal aviation regulations and has satisfied any applicable requirement of the Department of Education and Early Development relating to tests for tuberculosis if applicable.

 (d) The department may enter into agreements with other state agencies, municipalities, or qualified persons for the purpose of conducting the examinations required under this chapter.




Sec. 28.15.085. Alcohol and drug awareness and safety examination of applicants.
Notwithstanding another provision of this chapter and in addition to other requirements, a person applying for a new license after expiration of the person's license on reaching 21 years of age under AS 28.15.099 must pass a test developed and administered by the department regarding alcohol and drug awareness and safety and the laws relating to alcohol, drugs, and driving before the license may be issued or renewed.

Sec. 28.15.090. Access to license. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.091. Department may require re-examination.
If the department has good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, it may upon written notice of at least 10 days to the licensee require the licensee to submit to an examination. Upon conclusion of the examination, the department shall take action as may be appropriate and may cancel the license of the person, or may issue a restricted license under AS 28.15.121, or restrict the type or class of vehicles that the person may drive. If the licensee refuses or neglects to submit to examination, the department may suspend the driver's license until the licensee complies with the requirements of re-examination.

Sec. 28.15.099. Expiration and renewal of license issued to person under 21 years of age.
Notwithstanding another provision of this chapter, a driver's license issued to a person under 21 years of age expires 90 days after the person reaches 21 years of age.

Sec. 28.15.100. Duplicates. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.101. Expiration and renewal of driver's license.
 (a) Except as otherwise provided in this chapter, a driver's license expires on the licensee's birthday in the eighth year following the issuance of a new license or on the expiration date of a license being renewed. A license may be renewed within one year of its expiration upon proper application, payment of the required fee, and except when a license is renewed under (c) of this section, successful completion of a test of the licensee's eyesight.

 (b) The department may defer the expiration of the driver's license of a person who is outside the state under terms and conditions that the department shall prescribe by regulation.

 (c) A driver's license may be renewed by mail or on the department's Internet website if the licensee complies with (a) of this section, except that a license may not be renewed by mail or on the department's Internet website if
     (1) the most recent renewal of the applicant's license was by mail or on the department's Internet website; or

     (2) the applicant is 69 years of age or older on the expiration date of the driver's license being renewed.

 (d) Under regulations adopted by the department, the department may issue to a person a driver's license with a duration of less than eight years if the person is authorized to stay in the United States for less than eight years or the period of authorized stay is indefinite. The department shall issue the license for the period of the authorized stay. If the period of authorized stay is indefinite, the department shall issue the license with a validity of up to eight years.




Sec. 28.15.110. Restrictions. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.111. Licenses issued to drivers; anatomical gift and living will document.
 (a) Upon successful completion of the application and all required examinations, and upon payment of the required fee, the department shall issue to every qualified applicant a driver's license indicating the type or general class of vehicles that the licensee may drive. The license must (1) display a distinguishing number assigned to the license; (2) display the licensee's full name, address, date of birth, brief physical description, and photograph; (3) display either a facsimile of the signature of the licensee or a space upon which the licensee must write the licensee's usual signature with pen and ink; (4) display physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes; (5) display, for a qualified applicant who is under 21 years of age, the words “UNDER 21”; and (6) to the extent the department is able, be designed to allow the electronic reading and electronic display of the information described under (2) of this subsection and the electronic reading and display and a physical display on the license that the person is restricted from purchasing alcoholic beverages under AS 04.16.160. A license may not display the licensee's social security number and is not valid until signed by the licensee. If facilities are not available for the taking of the photograph required under this section, the department shall endorse on the license, the words “valid without photograph.”

 (b) The department shall provide a method, at the time that an operator's license is issued, by which the owner of a license may make an anatomical gift under AS 13.52. The method must provide a means by which the owner may cancel the anatomical gift. The department shall inform each applicant in writing that, if the applicant executes a gift under AS 13.52 and if the gift is made with the license, the department will transmit the information on the license to a donor registry created under AS 13.50.110. The department shall also direct the applicant to notify a procurement organization or the department under AS 13.50.140 if the license is destroyed or mutilated or the gift is revoked under AS 13.52.183. The department shall carry out the requirements of AS 13.50.100 — 13.50.190.

 (c) At the request of an applicant, the department shall provide a veteran designation and United States flag replica on a license identifying the driver as a retired veteran, a veteran of the armed forces of the United States discharged under honorable conditions, or a Hmong veteran or Lao veteran who served in military operations in support of the United States in the Kingdom of Laos between February 28, 1961, and May 15, 1975. The department may not charge a fee solely for the designation. To receive a veteran designation, the driver shall make available proof of veteran status that shows that the person is retired, was discharged under honorable conditions, or is a Hmong veteran or Lao veteran. The department shall consult with the Department of Military and Veterans' Affairs to determine the proof necessary to show that a person is a Hmong veteran or Lao veteran. With the approval of the applicant, the department shall make available to the Department of Military and Veterans' Affairs the name and address of a driver receiving a veteran designation under this subsection. The department may charge a fee of $5 for replacement of a valid driver's license with a new license with a veteran designation. A replacement license with a veteran designation issued for $5 under this subsection shall retain the expiration date of the license it replaces.

 (d) The department shall provide a method, at the time that a driver's license is issued, by which the owner of a license may voluntarily designate on the license that the owner has a disability, including a cognitive, mental, neurological, or physical disability, or a combination of those disabilities. The department shall create a discreet symbol to place on the driver's license of a person requesting the designation. The method must provide a means by which the owner may cancel the designation. The department may not charge a fee solely for the designation. To receive the designation, the person shall provide proof of the disability from a person licensed as a physician or physician assistant under AS 08.64, as a naturopath under AS 08.45, as an advanced practice nurse under AS 08.68, or as a licensed psychologist under AS 08.86. The department may charge a fee of $5 for replacement of a valid driver's license with a new driver's license with a disability designation and may charge a fee of $5 for replacement of a driver's license with a disability designation with a new driver's license without a disability designation.

 (e) The department may not engage in bulk sharing of facial images captured as a result of an application for a driver's license with a database, other than a database established by the state, regardless of whether the applicant applied for a driver's license that is federally compliant or a driver's license that is not federally compliant. The prohibition in this subsection does not apply to a commercial driver's license.

 (f) A commercial driver's license must be federally compliant.




Sec. 28.15.120. Expiration. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.121. Restricted driver's license.
 (a) The department, upon issuing a driver's license, may for good cause impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle that the licensee drives. The department may impose other restrictions applicable to the licensee that it determines to be appropriate to assure the safe operation of a motor vehicle by the licensee.

 (b) The department may issue a special restricted license or may set out restrictions on the usual license form.

 (c) The department may, upon receiving satisfactory evidence of a violation of the restrictions on a license restricted or issued under this section, suspend the restricted license for a period not to exceed 30 days.

 (d) A person may not drive a motor vehicle in violation of the restrictions imposed on a restricted license.




Sec. 28.15.130. School bus drivers. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.131. License to be carried and exhibited on demand.
 (a) A licensee shall have the licensee's driver's license in immediate possession at all times when driving a motor vehicle, and shall present the license for inspection upon the demand of a peace officer or other authorized representative of the Department of Public Safety identified as such to the licensee by the officer or representative. However, a person charged with violating this section may not be convicted if the person produces in court or in the office of the arresting or citing officer, a driver's license previously issued to the person that was valid at the time of the person's arrest or citation.

 (b) Violation of this section is an infraction.




Sec. 28.15.140. Change of name. [Repealed, § 25 ch 144 SLA 1977.]
Sec. 28.15.141. Duplicate driver's license.
If a valid driver's license issued under this chapter is lost or destroyed, the person to whom the license was issued may, upon payment of the required fee, obtain a duplicate license. A person who recovers an original license for which a duplicate has been issued shall immediately surrender the duplicate to the department.

Sec. 28.15.150. Records. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.151. Records to be kept by the department.
 (a) The department shall maintain a file of
     (1) every driver's license application, license or permit, and duplicate driver's license issued by it;

     (2) every license that has been suspended, revoked, canceled, limited, restricted, or denied, and the reasons for those actions;

     (3) all accident reports required to be forwarded to the department under this title; and

     (4) every disqualification of an individual from operating a commercial motor vehicle.

 (b) The department shall also maintain and update within 10 days after receipt by the department a file of all accident reports, abstracts of court records of convictions of vehicle, driver, and traffic offenses, and other information that the department considers necessary to carry out the purposes of this chapter.

 (c) The department shall, upon request, subject to the applicable provisions of AS 12.62 and (f) of this section and without charging a fee, furnish (1) a municipal, state, or federal administrative or judicial agency with a certified abstract of the driving record of a driver within 10 days after receipt of the request by the department; and (2) a parent, foster parent, or guardian of a driver who is under 18 years of age and not an emancipated minor an abstract of the driving record of that driver; the department may refuse to release the driver's address to the parent, foster parent, or guardian if the department determines that the release of the driver's address poses a threat to the health or safety of the driver. The abstract must include a listing of accidents in which the driver has been determined by the department or a court of competent jurisdiction to have been liable, convictions of vehicle, driver, and traffic offenses, any actions taken upon the driver's license, and information relating to financial responsibility.

 (d) The department shall, upon request and payment of a fee determined by the commissioner, furnish a driver or a person designated by the driver with an abstract or the original copy of the computer printed record of the driver's record as provided in (c) of this section.

 (e) [Repealed, § 2 ch 144 SLA 1980.]
 (f) Except as provided otherwise in this section and in AS 15.07.195, information and records under this section are declared confidential and private.




Sec. 28.15.160. Court reports. [Repealed, § 19 ch 178 SLA 1978.]
Article 2. Cancellation, Suspension, Revocation, or Limitation of Drivers' Licenses.
Sec. 28.15.161. Cancellation of driver's license.
 (a) The department shall cancel a driver's license upon determination that
     (1) the licensee is not medically or otherwise entitled to the issuance or retention of the license, or has been adjudged incompetent to drive a motor vehicle;

     (2) there is an error or defect in the license;

     (3) the licensee failed to give the required or correct information in the licensee's application;

     (4) the license was obtained fraudulently;

     (5) the licensee is restricted from purchasing alcoholic beverages under AS 04.16.160; if a license is cancelled under this paragraph, when a new license is issued, it must reflect that restriction and the requirements of AS 28.15.111 if the period of restriction under AS 04.16.160 is still in effect;

     (6) the licensee has a license issued under AS 28.15.046 and has been convicted of an offense described in AS 28.15.046(c) or (d) that would disqualify the licensee from obtaining a license under that section; or

     (7) the licensee owes $1,000 or more in unpaid fines for offenses involving a moving motor vehicle and failed to
          (A) pay the fines in full as required by the court; or

          (B) make payments in good faith on the unpaid balance of the fines under a payment plan established by the department.

 (b) The licensee may apply for a new license at any time after cancellation upon removal of the cause for the cancellation.




Sec. 28.15.165. Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests.
 (a) A law enforcement officer shall read a notice, and deliver a copy of it, to a person operating a motor vehicle, commercial motor vehicle, or aircraft, if a chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produces a result described in AS 28.35.030(a)(2); a chemical test administered under AS 28.33.031(a) produces a result described in AS 28.33.030(a)(2); or the person refuses to submit to a chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) or (g). The notice must advise that
     (1) the department intends to revoke the person's driver's license, privilege to drive, or privilege to obtain a license, refuse to issue an original license to the person, or disqualify the person;

     (2) the person has the right to administrative review of the action taken against the person's license or determination not to issue an original license;

     (3) if the person has a driver's license or a nonresident privilege to drive, the notice itself is a temporary driver's license that expires seven days after it is delivered to the person, except that if the person was operating a commercial motor vehicle the person will be ordered out of service for 24 hours under AS 28.33.130;

     (4) revocation of the person's driver's license, privilege to drive, or privilege to obtain a license, a determination not to issue an original license, or a disqualification of the person, takes effect seven days after delivery of the notice to the person unless the person, within seven days, requests an administrative review.

 (b) After reading the notice under (a) of this section, the law enforcement officer shall seize the person's driver's license if it is in the person's possession and shall deliver it to the department with a sworn report describing the circumstances under which it was seized. If the person was operating a commercial motor vehicle, the officer shall order the person out of service under AS 28.33.130.

 (c) Unless the person has obtained a temporary permit or stay of a departmental action under AS 28.15.166, if the chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) or (g), the department shall revoke the person's license, privilege to drive, or privilege to obtain a license, shall refuse to issue an original license, and, if the chemical test administered under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2) or the person refused to submit to a chemical test authorized under AS 28.33.031(a), shall disqualify the person. The department's action takes effect seven days after delivery to the person of the notice required under (a) of this section, and after receipt of a sworn report of a law enforcement officer
     (1) that a chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a chemical test administered under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) or (g);

     (2) that notice under (a) of this section was provided to the person; and

     (3) describing the
          (A) circumstances surrounding the arrest and the grounds for the officer's belief that the person operated a motor vehicle, commercial motor vehicle, or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.33.030 or AS 28.35.030; or

          (B) grounds for the officer's belief that the person operated a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another person.

 (d) The period of revocation of a driver's license, privilege to drive, privilege to obtain a license, refusal to issue an original license, or disqualification shall be for the appropriate minimum period for court revocations under AS 28.15.181(c) or court disqualifications under AS 28.33.140. A department hearing officer may grant limited license privileges in accordance with the standards set out in AS 28.15.201 to a person whose driver's license or nonresident privilege to drive was revoked under this section. The department may terminate a revocation imposed under this section and issue a driver's license to the person, if the license, privilege to drive, or privilege to obtain a license was revoked for an offense described in AS 28.15.181(a)(5) or (8) and the person meets the conditions set out for termination of a revocation by the court under AS 28.15.181(f).

 (e) A person whose driver's license, privilege to drive, or privilege to obtain a license has been revoked under this section as a result of a refusal to submit to a chemical test authorized under AS 28.35.031(a) or (g) or a similar municipal ordinance or a chemical test administered under AS 28.35.031(a) or (g) or a similar municipal ordinance in which the test produced a result described in AS 28.35.030(a)(2) may request that the department rescind the revocation. The department shall rescind a revocation under this subsection if the department finds that the person has supplied proof in a form satisfactory to the department that
     (1) the person has been acquitted of driving while under the influence under AS 28.35.030, refusal to submit to a chemical test under AS 28.35.032, or a similar municipal ordinance for the incident on which the revocation was based; or

     (2) all criminal charges against the person for driving while under the influence under AS 28.35.030 or a similar municipal ordinance and refusing to submit to a chemical test under AS 28.35.032 or a similar municipal ordinance in relation to the incident on which the revocation is based have been dismissed.




Sec. 28.15.166. Administrative review of revocation.
 (a) A person who has received a notice under AS 28.15.165(a) may make a written request for administrative review of the department's action under AS 28.15.165(c) or for limited license privileges under AS 28.15.165(d). If the person's driver's license has not been previously surrendered to the department, it shall be surrendered to the department at the time the request for review is made.

 (b) A request for review of the department's action under AS 28.15.165 shall be made within seven days after receipt of the notice under AS 28.15.165 or the right to review is waived and the action of the department under AS 28.15.165(c) is final. If a written request for a review is made after expiration of the seven-day period, and if it is accompanied by the applicant's verified statement explaining the failure to make a timely request for a review, the department shall receive and consider the request. If the department finds that the person was unable to make a timely request because of lack of actual notice of the department's action or because of factors of physical incapacity such as hospitalization or incarceration, the department shall waive the period of limitation, reopen the matter, and grant the review request. An initial request for limited license privileges may be made at any time. Subsequent requests for limited license privileges may not be made unless the applicant demonstrates a significant change in circumstances.

 (c) Upon receipt of a request for review, if it appears that the person holds a valid driver's license and that the driver's license has been surrendered, the department shall issue a temporary driver's permit that is valid until the scheduled date for the review. A person who has requested a review under this section may request, and the department may grant for good cause, a delay in the date of the hearing. If necessary, the department may issue additional temporary permits to stay the effective date of its action under AS 28.15.165(c) until the final order after the review is issued.

 (d) A person who has requested a hearing under this section and who fails to attend or appear at the hearing, for reasons other than lack of actual notice of the hearing or physical incapacity such as hospitalization or incarceration, waives the right to a hearing. The determination of the department that is based upon the enforcement officer's report becomes final.

 (e) The hearing under this section must be held by telephone unless the hearing officer finds that a telephonic hearing would substantially prejudice the rights of the person involved in the hearing or that an in-person hearing is necessary to decide the issues to be presented in the hearing. An in-person hearing must be held at the office of the department nearest to the residence of the person involved in the hearing unless the department and the person agree that the hearing is to be held elsewhere.

 (f) A review under this section shall be held before a hearing officer designated by the commissioner. The hearing officer has authority to
     (1) administer oaths and affirmations;

     (2) examine witnesses and take testimony;

     (3) receive relevant evidence;

     (4) issue subpoenas, take depositions, or cause depositions or interrogatories to be taken;

     (5) regulate the course and conduct of the hearing;

     (6) make a final ruling on the issue.

 (g) The hearing for review of action by the department under AS 28.15.165 shall be limited to the issues of whether the law enforcement officer had probable cause to believe that the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident causing death or serious physical injury to another, or that the person was operating a motor vehicle, commercial motor vehicle, or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.33.030 or AS 28.35.030 and whether
     (1) the person refused to submit to a chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) or (g) after being advised that refusal would result in disqualification or the suspension, revocation, or denial of the person's license, privilege to drive, or privilege to obtain a license, and that the refusal is a misdemeanor;

     (2) the chemical test administered under AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2); or

     (3) the chemical test administered under AS 28.33.031(a) produced a result described in AS 28.33.030(a)(2).

 (h) The determination of the hearing officer may be based upon the sworn report of a law enforcement officer. The law enforcement officer need not be present at the hearing unless either the person requesting the hearing or the hearing officer requests in writing before the hearing that the officer be present. If in the course of the hearing it becomes apparent that the testimony of the law enforcement officer is necessary to enable the hearing officer to resolve disputed issues of fact, the hearing may be continued to allow the attendance of the law enforcement officer.

 (i) Testimony given by the person at the hearing is not admissible against the person in a criminal trial unless the person's testimony at the trial is inconsistent with that given at the hearing.

 (j) If the issues set out in (g) of this section are determined in the affirmative by a preponderance of the evidence, the hearing officer shall sustain the action of the department. If one or more of the issues is determined in the negative, the department's action shall be rescinded.

 (k) If the action of the department in revoking a nonresident's privilege to drive a motor vehicle is not administratively contested by the nonresident driver or if the departmental action is sustained by the hearing officer, the department shall give written notice of action taken to the motor vehicle administrator of the state of the person's residence and to any state in which that person has a driver's license.

 (l) [Repealed, § 34 ch 119 SLA 1990.]
 (m) Within 30 days of the issuance of the final determination of the department, a person aggrieved by the determination may file an appeal in superior court for judicial review of the hearing officer's determination. The judicial review shall be on the record, without taking additional testimony. The court may reverse the department's determination if the court finds that the department misinterpreted the law, acted in an arbitrary and capricious manner, or made a determination unsupported by the evidence in the record.

 (n) The filing of an appeal under (m) of this section or a petition for review does not automatically stay the department's order or revocation. The court may grant a stay of the order or revocation only upon a motion and hearing, and upon a finding that there is a reasonable probability that the petitioner will prevail on the merits, that the petitioner will suffer irreparable harm if the order is not stayed, and in a case where the petitioner operates a commercial motor vehicle that the public can be adequately protected by conditions imposed by the court.




Sec. 28.15.170. Cancellation. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.171. Suspending privileges of a person licensed in another jurisdiction; reporting convictions, suspensions, disqualifications, and revocations.
 (a) The privilege of driving a motor vehicle on a highway or vehicular way or area of this state given to a person licensed in another jurisdiction is subject to suspension, revocation, disqualification, or limitation by the department or a court in the same manner and for the same reasons as a driver's license issued under this chapter.

 (b) The department shall, upon receiving the record of a conviction of a person licensed in another jurisdiction for a vehicle, driver, or traffic offense in this state, or upon suspending or revoking the person's driving privilege, forward a copy of the record or suspension or revocation to the motor vehicle administrator for the jurisdiction in which the person convicted is licensed.

 (c) If a person licensed to operate a commercial motor vehicle in another jurisdiction is convicted in this state of a traffic offense, whether or not involving a commercial motor vehicle, or if the person is disqualified by this state for a period of 60 days or more, the department shall, within 10 days after notification of the conviction or the disqualification, notify appropriate authorities in the state that issued the license. Within the 10-day period the department shall also notify the United States Department of Transportation if the disqualification is for 60 days or more.




Sec. 28.15.176. Administrative revocation of license to drive for consumption or possession of alcohol or drugs.

Sec. 28.15.180. Suspending privileges of nonresidents. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.181. Court suspensions, revocations, and limitations.
 (a) Conviction of any of the following offenses is grounds for the immediate revocation of a driver's license, privilege to drive, or privilege to obtain a license:
     (1) manslaughter or negligent homicide resulting from driving a motor vehicle;

     (2) a felony in the commission of which a motor vehicle is used;

     (3) failure to stop and give aid as required by law when a motor vehicle accident results in the death or personal injury of another;

     (4) perjury or making a false affidavit or statement under oath to the department under a law relating to motor vehicles;

     (5) operating a motor vehicle or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance;

     (6) reckless driving;

     (7) using a motor vehicle in unlawful flight to avoid arrest by a peace officer;

     (8) refusal to submit to a chemical test authorized under AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, commercial motor vehicle, or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, or authorized under AS 28.35.031(g);

     (9) driving while license, privilege to drive, or privilege to obtain a license, canceled, suspended, or revoked, or in violation of a limitation;

     (10) vehicle theft in the first degree in violation of AS 11.46.360 or vehicle theft in the second degree in violation of AS 11.46.365.

 (b) A court convicting a person of an offense described in (a)(1) — (4), (6), (7), or (10) of this section shall revoke that person's driver's license, privilege to drive, or privilege to obtain a license for not less than 30 days for the first conviction, unless the court determines that the person's ability to earn a livelihood would be severely impaired and a limitation under AS 28.15.201 can be placed on the license that will enable the person to earn a livelihood without excessive danger to the public. If a court limits a person's license under this subsection, it shall do so for not less than 60 days. Upon a subsequent conviction of a person for any offense described in (a)(1) — (4), (6), (7), or (10) of this section occurring within 10 years after a prior conviction, the court shall revoke the person's license, privilege to drive, or privilege to obtain a license and may not grant the person limited license privileges for the following periods:
     (1) not less than one year for the second conviction; and

     (2) not less than three years for a third or subsequent conviction.

 (c) A court convicting a person of an offense described in (a)(5) or (8) of this section arising out of the operation of a motor vehicle, commercial motor vehicle, or aircraft shall revoke that person's driver's license, privilege to drive, or privilege to obtain a license. The revocation may be concurrent with or consecutive to an administrative revocation under AS 28.15.165. The court may not, except as provided in AS 28.15.201, grant limited license privileges during the minimum period of revocation. Except as provided under AS 28.35.030(n)(3) and 28.35.032(p)(3), the minimum periods of revocation are
     (1) not less than 90 days if the person has not been previously convicted;

     (2) not less than one year if the person has been previously convicted once;

     (3) not less than 3 years if the person has been previously convicted twice;

     (4) not less than 5 years if the person has been previously convicted more than twice.

 (d) A court convicting a person of an offense described in (a)(9) of this section shall revoke that person's driver's license, privilege to drive, or privilege to obtain a license for not less than the minimum period under AS 28.15.291(b)(4).

 (e) [Repealed, § 34 ch 119 SLA 1990.]
 (f) The court may terminate a revocation for an offense described in (a)(5) or (8) of this section if
     (1) the person's license, privilege to drive, or privilege to obtain a license has been revoked for the minimum periods set out in (c) of this section; and

     (2) the person complies with the provisions of AS 28.15.211(d) and (e).

 (g) The court may suspend the driver's license, privilege to drive, or privilege to obtain a license of a person who fails to appear in court as required by a citation for an offense involving a moving motor vehicle, or who fails to pay a fine as required by the court for an offense involving a moving motor vehicle. If the court suspends a driver's license under this subsection, the court shall also provide notice of the suspension to the department. A suspension imposed under this subsection remains in effect until the person appears in court as required by the citation, or pays the fine as required by the court. When the person appears in court or pays the required fine, the court shall terminate the suspension imposed under this subsection and provide the department and the person with written notice of the termination.

 (h) [Repealed, § 22 ch 32 SLA 2016.]
 (i) In this section, “previously convicted” has the meaning given in AS 28.35.030.




Sec. 28.15.182. Court revocation of license for accident causing death.
 (a) A court convicting a person for a violation of the traffic laws may revoke the driver's license, privilege to drive, or privilege to obtain a license of a person if the court finds by clear and convincing evidence that
     (1) the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident;

     (2) the accident caused the death of another person; and

     (3) the violation of traffic laws by the person was a significant contributing cause of the accident.

 (b) The license revocation imposed under (a) of this section may be for a period of up to three years. This period is concurrent with any other period of revocation under AS 28.15.165 or 28.15.181, or any other action imposed by the department or court in connection with the accident.

 (c) A court revoking a person's driver's license, privilege to drive, or privilege to obtain a license under (a) of this section may consider a request for a limited license by the person. A court may not grant a limited license if another statute prohibits a limited license for violation of its provisions. A court shall require a certification of employment to prove any claim based on the person's employment and a certification of need by a licensed health care practitioner to prove a claim based on care for another person. After a review has been made of the person's driving record and other relevant information, the court may grant limited license privileges for all or part of the period of revocation if the court finds that a limitation can be placed on the license that will enable the person to drive without danger to the public and that, without a limited license,
     (1) the person's ability to earn a livelihood would be severely impaired; or

     (2) the person would be severely impaired in acting as the primary caregiver for someone with a debilitating physical or mental condition.

 (d) When imposing a limitation under (c) of this section, the court shall
     (1) require the surrender of the driver's license; and

     (2) issue to the person a certificate valid for the duration of the limitation specifying the terms of the limited license.

 (e) A representative of the family of a person who died under circumstances as described in (a) of this section may testify at a hearing addressing a driver's license revocation under (a) of this section or a request for a limited license under (c) of this section.

 (f) In this section, “traffic laws” has the meaning given in AS 28.15.261.




Sec. 28.15.183. Administrative revocation of license to drive.
 (a) If a peace officer has probable cause to believe that a person who is at least 14 years of age but not yet 21 years of age has operated a vehicle after consuming alcohol in violation of AS 28.35.280, or refused to submit to a chemical test under AS 28.35.285, and the peace officer has cited the person or arrested the person for the offense, the peace officer shall read a notice and deliver a copy to the person. The notice must advise that
     (1) the department intends to revoke the person's driver's license or permit, privilege to drive, or privilege to obtain a license or permit;

     (2) the person has the right to administrative review of the revocation;

     (3) if the person has a driver's license or permit, the notice itself is a temporary driver's license or permit that expires 10 days after it is delivered to the person;

     (4) revocation of the person's driver's license or permit, privilege to drive, or privilege to obtain a license or permit, takes effect 10 days after delivery of the notice to the person unless the person, within 10 days, requests an administrative review;

     (5) if the person has been cited under AS 28.35.280 or under AS 28.35.285, that person, under AS 28.35.290, may not operate a motor vehicle, aircraft, or watercraft during the 24 hours following issuance of the citation.

 (b) After reading the notice under (a) of this section, the peace officer shall seize the person's driver's license or permit if it is in the person's possession and shall deliver it to the department with a sworn report describing the circumstances under which it was seized.

 (c) Unless the person has requested an administrative review, the department shall revoke the person's driver's license or permit, privilege to drive, or privilege to obtain a license or permit, effective 10 days after delivery to the person of the notice required under (a) of this section, upon receipt of a sworn report of a peace officer
     (1) that the officer had probable cause to believe that the person is at least 14 years of age but not yet 21 years of age and has violated one of the offenses described in (a) of this section;

     (2) that the peace officer has cited or arrested the person for a violation of AS 28.35.280 or 28.35.285 or a municipal ordinance with substantially similar elements;

     (3) that notice under (a) of this section was provided to the person; and

     (4) describing the circumstances surrounding the offense.

 (d) The department shall impose the revocation required under this section
     (1) for a first revocation, for a period of 30 days;

     (2) for a second revocation, for a period of 60 days;

     (3) for a third revocation, for a period of 90 days; or

     (4) for a fourth or subsequent revocation, for a period of one year.

 (e) Notwithstanding the provisions of AS 28.20.240 and 28.20.250, the department may not require proof of financial responsibility before restoring a driver's license, permit, or privilege that is revoked under this section.

 (f) A revocation imposed under this section shall be consecutive to a revocation imposed under another provision of law, except that (1) a revocation imposed under this section shall be concurrent with a prior revocation imposed under this section; and (2) a revocation imposed under this section for an offense for which a revocation is required under AS 28.15.185 shall be concurrent with a revocation imposed under AS 28.15.185 that is based on the same incident. A person whose driver's license, permit, or privilege was revoked for a period of at least 60 days under this section may apply for limited license privileges under AS 28.15.201(d). A person whose driver's license, permit, or privilege to drive was revoked for a period of more than one year under this section may apply for reinstatement as provided under (i) of this section.

 (g) Except as provided under (h) of this section, the department may not issue a new license or reissue a license to a person whose driver's license, permit, or privilege to drive has been revoked under this section unless the person, if required to participate in a juvenile alcohol safety action program, as defined in AS 04.21.080, has successfully completed any education or treatment recommended.

 (h) The department may waive the provisions of (g) of this section if a person who is required to obtain drug or alcoholism treatment resides in an area where drug rehabilitation or alcoholism treatment is unavailable.

 (i) A person whose driver's license, permit, or privilege to drive was revoked under this section may apply for reinstatement of the person's driver's license as provided in this subsection. A person may apply to the department for reinstatement by filing a written request for review of the revocation imposed under this section with the department. The department shall issue a new license or reissue the person's driver's license as provided under AS 28.15.211(d) if the department finds that
     (1) the application for reinstatement is filed at least one year after the person's license, permit, or privilege was revoked;

     (2) the person complies with (g) of this section; and

     (3) the person has not violated a provision of this title or a regulation of the department since the revocation.

 (j) In this section, “peace officer” does not include a person employed by the Department of Corrections.




Sec. 28.15.184. Administrative review of revocation of a minor's license.
 (a) A person who has received a notice under AS 28.15.183(a) may make a written request for administrative review of the department's action. If the person's driver's license or permit has not been previously surrendered to the department, it shall be surrendered to the department at the time the request for review is made.

 (b) A request for review of the department's revocation under AS 28.15.183 shall be made within 10 days after receipt of the notice under AS 28.15.183 or the right to review is waived and the action of the department under AS 28.15.183(c) is final. If a written request for a review is made after expiration of the 10-day period, and if it is accompanied by the applicant's verified statement explaining the failure to make a timely request for a review, the department shall receive and consider the request. If the department finds that the person was unable to make a timely request because of lack of actual notice of the revocation or because of factors of physical incapacity such as hospitalization or incarceration, the department shall waive the period of limitation, reopen the matter, and grant the review request.

 (c) Upon receipt of a request for review, if it appears that the person holds a valid driver's license or permit and that the driver's license or permit has been surrendered, the department shall issue a temporary driver's permit that is valid until the scheduled date for the review. A person who has requested a review under this section may request, and the department may grant for good cause, a delay in the date of the hearing. If necessary, the department may issue additional temporary permits to stay the effective date of its action under AS 28.15.183(c) until the final order after the review is issued.

 (d) A person who has requested a hearing under this section and who fails to appear at the hearing, for reasons other than lack of actual notice of the hearing or physical incapacity such as hospitalization or incarceration, waives the right to a hearing. The determination of the department that is based upon the officer's report becomes final.

 (e) Notwithstanding AS 28.05.141(b), the hearing under this section may be held telephonically at the discretion of the hearing officer.

 (f) A review under this section shall be held before a hearing officer designated by the commissioner. The hearing officer may
     (1) administer oaths and affirmations;

     (2) examine witnesses and take testimony;

     (3) receive relevant evidence;

     (4) issue subpoenas, take depositions, or cause depositions or interrogatories to be taken;

     (5) regulate the course and conduct of the hearing;

     (6) make a final ruling on the issue.

 (g) The hearing for review of a revocation by the department under AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years of age but not yet 21 years of age and whether the person operated a vehicle after consuming alcohol in violation of AS 28.35.280 or refused to submit to a chemical test of breath in violation of AS 28.35.285.

 (h) The determination of the hearing officer may be based upon the sworn report of a peace officer, if the sworn report is supported by probable cause based on personal observations as required under AS 28.15.183(a). The peace officer need not be present at the hearing unless either the person requesting the hearing or the hearing officer requests in writing before the hearing that the officer be present. If in the course of the hearing it becomes apparent that the testimony of the peace officer is necessary to enable the hearing officer to resolve disputed issues of fact, the hearing shall be continued to allow the attendance of the peace officer.

 (i) Testimony given at the hearing is not admissible in a criminal trial unless the testimony given at the trial is inconsistent with testimony given at the hearing.

 (j) If the issues set out in (g) of this section are determined in the affirmative by a preponderance of the evidence, the hearing officer shall sustain the action of the department. If one or more of the issues is determined in the negative, the department's revocation action shall be rescinded.

 (k) If the action of the department in revoking a nonresident's privilege to drive a motor vehicle is not administratively contested by the nonresident driver or if the departmental action is sustained by the hearing officer, the department shall give written notice of action taken to the motor vehicle administrator of the state of the person's residence and to any state in which that person has a driver's license.

 (l) Within 30 days of the issuance of the final determination of the department, a person aggrieved by the determination may file an appeal in superior court for judicial review of the hearing officer's determination. The judicial review shall be on the record without taking additional testimony. The court may reverse the department's determination if the court finds that the department misinterpreted the law, acted in an arbitrary and capricious manner, or made a determination unsupported by the evidence in the record.

 (m) The filing of an appeal under (l) of this section or a petition for review does not automatically stay the department's order or revocation. The court may grant a stay of the order or revocation under the applicable rules of court, after a motion and hearing, and upon a finding that there is a reasonable probability that the petitioner will prevail on the merits and that the petitioner will suffer irreparable harm if the order is not stayed.




Sec. 28.15.185. Court revocation of a minor's license to drive.
 (a) A person is subject to revocation, under (b) of this section, of the person's driver's license or permit, privilege to drive, or privilege to obtain a license if the person
     (1) is at least 13 years of age but not yet 21 years of age and is convicted of or is adjudicated a delinquent minor by a court for misconduct involving a controlled substance under AS 11.71 or a municipal ordinance with substantially similar elements; or

     (2) is at least 13 years of age but not yet 18 years of age and is convicted of or is adjudicated a delinquent minor by a court for an offense involving the illegal use or possession of a firearm that is punishable under AS 11 or a municipal ordinance with substantially similar elements.

 (b) The court shall impose the revocation for an offense described in (a) of this section as follows:
     (1) for a first conviction or adjudication, the revocation may be for a period not to exceed 90 days;

     (2) for a second or subsequent conviction or adjudication, the revocation may be for a period not to exceed one year.

 (c) When a person described in (a) of this section has been convicted of or adjudicated a delinquent minor for an offense listed in (a) of this section, the court may, upon petition of the person, review the revocation and may restore the driver's license, except a court may not restore the driver's license until
     (1) at least one-half of the period of revocation imposed under this section has expired; and

     (2) the person has taken and successfully completed a state approved program of drug education or rehabilitation if convicted or adjudicated of misconduct involving a controlled substance under AS 11.71 or a municipal ordinance with substantially similar elements; however, this paragraph does not apply to a person who resides in an area that does not offer a state approved drug education or rehabilitation program or a person that the court determines does not need drug education or rehabilitation.

 (d) Notwithstanding the provisions of AS 28.20.240 and 28.20.250, upon conviction of an offense specified in (a) of this section, the department may not require proof of financial responsibility before restoring or issuing the person's driver's license.

 (e) [Repealed, § 22 ch 32 SLA 2016.]




Sec. 28.15.187. Administrative revocation of a license to drive for use of false identification.
 (a) If a peace officer has probable cause based on personal observation that a person has used a driver's license as fraudulent or false identification as prohibited by AS 04.16.060(d), the peace officer shall read a notice and deliver a copy to the person. The notice must advise that
     (1) the department intends to revoke the person's driver's license, privilege to drive, or privilege to obtain a license, or refuse to issue an original license to the person;

     (2) the person has the right to administrative review of the revocation or determination not to issue an original license;

     (3) if the person has a driver's license or a nonresident privilege to drive, the notice itself is a temporary driver's license that expires seven days after it is delivered to the person;

     (4) revocation of the person's driver's license, privilege to drive, or privilege to obtain a license, or a determination not to issue an original license takes effect seven days after delivery of the notice to the person unless the person, within seven days, requests an administrative review.

 (b) After reading the notice under (a) of this section, the peace officer shall seize the person's driver's license if it is in the person's possession and shall deliver it to the department with a sworn report describing the circumstances under which it was seized.

 (c) Unless the person has requested an administrative review, the department shall revoke the person's driver's license, privilege to drive, or privilege to obtain a license, or refuse to issue an original license, effective seven days after delivery to the person of the notice required under (a) of this section, upon receipt of a sworn report of a peace officer
     (1) that the officer had probable cause based on personal observations that the person used a driver's license as fraudulent or false identification as prohibited by AS 04.16.060(d);

     (2) that notice under (a) of this section was provided to the person; and

     (3) describing the circumstances surrounding the violation of AS 04.16.060(d).

 (d) The department shall impose the revocation required under this section
     (1) for a period of 60 days for a first revocation under this section; and

     (2) for a second or subsequent revocation under this section for a period of 12 months.

 (e) Notwithstanding the provisions of AS 28.20.240 and 28.20.250, the department may not require proof of financial responsibility before restoring a driver's license or privilege that is revoked under this section.

 (f) A license revocation imposed under this section shall be consecutive to a license revocation imposed under another provision of law.




Sec. 28.15.189. Administrative review of revocation of license for use of false identification.
 (a) A person who has received a notice under AS 28.15.187(a) may make a written request for administrative review of the department's action. If the person's driver's license has not been previously surrendered to the department, it shall be surrendered to the department at the time the request for review is made.

 (b) A request for review of the department's revocation under AS 28.15.187 shall be made within seven days after receipt of the notice under AS 28.15.187 or the right to review is waived and the action of the department under AS 28.15.187(c) is final. If a written request for a review is made after expiration of the seven-day period, and if it is accompanied by the applicant's verified statement explaining the failure to make a timely request for a review, the department shall receive and consider the request. If the department finds that the person was unable to make a timely request because of lack of actual notice of the revocation or because of factors of physical incapacity such as hospitalization or incarceration, the department shall waive the period of limitation, reopen the matter, and grant the review request.

 (c) Upon receipt of a request for review, if it appears that the person holds a valid driver's license and that the driver's license has been surrendered, the department shall issue a temporary driver's permit that is valid until the scheduled date for the review. A person who has requested a review under this section may request, and the department may grant for good cause, a delay in the date of the hearing. If necessary, the department may issue additional temporary permits to stay the effective date of its action under AS 28.15.187(c) until the final order after the review is issued.

 (d) A person who has requested a hearing under this section and who fails to appear at the hearing, for reasons other than lack of actual notice of the hearing or physical incapacity such as hospitalization or incarceration, waives the right to a hearing. The determination of the department that is based upon the officer's report becomes final.

 (e) Notwithstanding AS 28.05.141(b), the hearing under this section shall be held telephonically unless the person requesting the hearing requests in writing that the hearing not be held telephonically.

 (f) A review under this section shall be held before a hearing officer designated by the commissioner. The hearing officer shall have authority to
     (1) administer oaths and affirmations;

     (2) examine witnesses and take testimony;

     (3) receive relevant evidence;

     (4) issue subpoenas, take depositions, or cause depositions or interrogatories to be taken;

     (5) regulate the course and conduct of the hearing;

     (6) make a final ruling on the issue.

 (g) The hearing for review of a revocation by the department under AS 28.15.187 shall be limited to the issue of whether the person used a driver's license as fraudulent or false identification as prohibited by AS 04.16.060(d).

 (h) The determination of the hearing officer may be based upon the sworn report of a peace officer, if the sworn report is supported by probable cause based on personal observations as required under AS 28.15.187(a). The peace officer need not be present at the hearing unless either the person requesting the hearing or the hearing officer requests in writing before the hearing that the officer be present. If in the course of the hearing it becomes apparent that the testimony of the peace officer is necessary to enable the hearing officer to resolve disputed issues of fact, the hearing shall be continued to allow the attendance of the peace officer.

 (i) Upon written request of the person requesting the hearing, the hearing officer shall stay the hearing until the conclusion of related criminal proceedings. If the person requesting the hearing does not request a stay, testimony given by the person at the hearing is admissible against the person in a criminal trial.

 (j) If the issue set out in (g) of this section is determined in the affirmative by a preponderance of the evidence, the hearing officer shall sustain the action of the department. If the issue is determined in the negative, the department's revocation action shall be rescinded.

 (k) If the action of the department in revoking a nonresident's privilege to drive a motor vehicle is not administratively contested by the nonresident driver or if the departmental action is sustained by the hearing officer, the department shall give written notice of action taken to the motor vehicle administrator of the state of the person's residence and to any state in which that person has a driver's license.

 (l) Within 30 days of the issuance of the final determination of the department, a person aggrieved by the determination may file an appeal in superior court for judicial review of the hearing officer's determination. The judicial review shall be on the record without taking additional testimony. The court may reverse the department's determination if the court finds that the department misinterpreted the law, acted in an arbitrary and capricious manner, or made a determination unsupported by the evidence in the record.

 (m) The filing of an appeal under (l) of this section or a petition for review does not automatically stay the department's order or revocation. The court may grant a stay of the order or revocation under the applicable rules of court, after a motion and hearing, and upon a finding that there is a reasonable probability that the petitioner will prevail on the merits and that the petitioner will suffer irreparable harm if the order is not stayed.




Sec. 28.15.190. Forwarding surrendered license. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.191. Court and parole board reports to department; surrender of license or identification card.
 (a) A court that convicts a person of an offense under this title or a regulation adopted under this title, or another law or regulation of this state or a municipal ordinance that regulates the driving of vehicles shall forward a record of the conviction to the department within five working days. A conviction of a standing or parking offense need not be reported.

 (b) A conviction on a plea of nolo contendere accepted by the court or a forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated is equivalent to a conviction for purposes of this chapter.

 (c) A court that suspends, revokes, or limits a driver's license shall require the surrender of the license, and shall immediately forward it to the department with the record of conviction and notification of the effective date of the suspension, revocation, or limitation as determined under AS 28.15.211(b).

 (d) A court that limits a driver's license, in addition to the actions required under (c) of this section, shall issue to the licensee a form specifying the court's limitations imposed upon a person's driver's license, and shall immediately forward to the department a copy of the limitations imposed upon the license.

 (e) A court shall report to the department every change of name authorized by it, and the name, address, age, description, and driver's license number if available, of every person adjudged to be afflicted with or suffering from a mental disability or disease, or to be a habitual user of alcohol or another drug. The department shall prescribe and furnish the forms for making these reports.

 (f) A municipality that accepts a fine payment after a plea of no contest to a charge of a violation of a municipal ordinance for which a scheduled fine has been established shall forward a record of the payment to the department; however, a conviction for a standing or parking offense need not be reported.

 (g) A court that has ordered a person to refrain from consuming alcoholic beverages as part of a sentence for conviction of a crime under AS 28.35.030, 28.35.032, or a similar municipal ordinance or as a condition of probation or parole following a conviction under those sections or a similar municipal ordinance, or as a condition of probation or parole for any other crime shall
     (1) require the surrender of the person's license and identification card and forward the license and identification card to the department;

     (2) report the order to the department within two days; and

     (3) inform the person that the person's license and identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310 and, if the person is otherwise qualified to receive a license or identification card, when the person obtains a new license or identification card, the license or identification card must list the restriction imposed by AS 04.16.160 for the period of probation or parole.

 (h) The board of parole shall notify the department within two days whenever a person has been ordered to refrain from consuming alcoholic beverages as a condition of parole, shall require the person to surrender the person's license and identification card, and shall inform the person that the person's license and identification card are subject to cancellation under AS 28.15.161 and AS 18.65.310, and that, if the person is otherwise qualified to receive a license or identification card, when the person obtains a new license or identification card, the license or identification card must list the restriction imposed by AS 04.16.160.




Sec. 28.15.200. Suspending license upon conviction in another jurisdiction. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.201. Limitation of driver's license.
 (a) A court of competent jurisdiction revoking a person's driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.181(b) may, for good cause, impose limitations upon the driver's license of a person that will enable the person to earn a livelihood without excessive risk or danger to the public. A limitation may not be placed upon a driver's license until after a review has been made of the person's driving record and other relevant information, and a limitation may not be imposed when a statute specifically prohibits the limitation of a license for a violation of its provisions.

 (b) A court imposing a limitation under (a) of this section shall
     (1) require certification of employment;

     (2) require proof of enrollment in and compliance with or completion of an alcoholism treatment program when appropriate;

     (3) require the surrender of the driver's license; and

     (4) issue to the licensee a certificate valid for the duration of the limitation.

 (c) After the termination of a limitation as shown on the certificate issued under (b) of this section, the license of a person on whom a limitation was imposed is revoked until the person receives a new license meeting the requirements set out in AS 28.15.211.

 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the department when revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant limited license privileges if
     (1) the revocation was for a misdemeanor conviction under AS 28.35.030 or a similar municipal ordinance and not for a violation of AS 28.35.032;

     (2) the person
          (A) has not been previously convicted and the limited license is not granted during the first 30 days of the period of revocation; or

          (B) has been previously convicted and the limited license is not granted during the first 90 days of the period of revocation;

     (3) the court or department requires the person to use an ignition interlock device during the period of the limited license whenever the person operates a motor vehicle in a community not included in the list published by the department under AS 28.22.011(b) and, when applicable,
          (A) the person provides proof of installation of the ignition interlock device on every vehicle the person operates;

          (B) the person signs an affidavit acknowledging that
                (i) operation by the person of a vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;

                (ii) circumventing or tampering with the ignition interlock device is a class A misdemeanor; and

                (iii) the person is required to maintain the ignition interlock device throughout the period of the limited license, to keep up-to-date records in each vehicle showing that any required service and calibration is current, and to produce those records immediately on request;

     (4) the person is enrolled in and is in compliance with or has successfully completed the alcoholism screening, evaluation, referral, and program requirements of the Department of Health under AS 28.35.030(h);

     (5) the person provides proof of insurance as required by AS 28.20.230 and 28.20.240; and

     (6) the person has not previously been convicted of violating the limitations of an ignition interlock limited license or been convicted of violating the provisions of AS 28.35.030 or 28.35.032 while on probation for a violation of those sections.

 (e) If a person is required to use an ignition interlock device as a condition of a limited license under this section and the device prevents a vehicle from being operated, the person has not violated the requirements of the limited license by attempting to operate the vehicle.

 (f) In (d)(2) of this section, “previously convicted” has the meaning given in AS 28.35.030 and also includes convictions under laws presuming that the person was under the influence of intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the person's blood.

 (g) Notwithstanding (d) of this section, a court revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the department when revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant limited license privileges if
     (1) the revocation was for a felony conviction under AS 28.35.030;

     (2) the person is participating in and has successfully participated for at least six months in, or has successfully completed, a court-ordered treatment program under AS 28.35.028, and submits verification acceptable to the department;

     (3) the person provides proof of insurance as required by AS 28.20.230 and 28.20.240;

     (4) the person is required to use an ignition interlock device during the period of the limited license whenever the person operates a motor vehicle in a community not included in the list published by the department under AS 28.22.011(b) and, when applicable,
          (A) the person provides proof of installation of the ignition interlock device on every vehicle the person operates;

          (B) the person signs an affidavit acknowledging that
                (i) operation by the person of a vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;

                (ii) circumventing or tampering with the ignition interlock device is a class A misdemeanor; and

                (iii) the person is required to maintain the ignition interlock device throughout the period of the limited license, to keep up-to-date records in each vehicle showing that any required service and calibration is current, and to produce those records immediately on request;

     (5) the person has not previously been granted a limited license under this section and had the license revoked under (j) of this section.

 (h) Notwithstanding (g)(2) of this section, if a person resides in a community where a court-ordered treatment program under AS 28.35.028 is not available, the person shall
     (1) provide proof to the court that the person has successfully completed a rehabilitative treatment program appropriate for the person's alcohol or substance abuse condition; the program must
          (A) include planning and treatment for alcohol or drug addiction;

          (B) include emphasis on personal responsibility;

          (C) require payment of restitution to victims and completion of community work service;

          (D) include physician-approved treatment of physical addiction and treatment of the psychological causes of addiction; and

          (E) include a monitoring program and physical placement or housing in communities where the court finds that a monitoring program and placement or housing is available;

     (2) provide proof by clear and convincing evidence to the court that the person is currently sober and has maintained sobriety for a period of at least 18 months; and

     (3) provide written notice to the district attorney's office of the person's request for a limited license under this section.

 (i) A person is not entitled to court-appointed counsel under (h) of this section.

 (j) The court or the department may immediately revoke a limited license granted under (g) of this section if the person is convicted of a violation of AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction or if the person is not in compliance with a court-ordered treatment program under AS 28.35.028 or a rehabilitative treatment program under (h) of this section.




Sec. 28.15.210. Mandatory revocation. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.211. Periods of limitation, suspension, revocation, or disqualification; opportunity for hearing and surrender of license.
 (a) Except for a point system suspension or revocation under AS 28.15.221 — 28.15.241 and unless provided otherwise by law, and unless the suspension or revocation was for a cause that has been removed, a person whose driver's license, privilege to drive, or privilege to obtain a license has been suspended or revoked may not apply for a new license, and the person's driving privilege may not be restored, until the expiration of
     (1) 30 days from the date on which the license, privilege to drive, or privilege to obtain a license was suspended or revoked for a first conviction of the particular offense from which the suspension or revocation resulted;

     (2) 90 days from the date on which the license, privilege to drive, or privilege to obtain a license was suspended or revoked for a second conviction within 12 consecutive months of the same offense from which the suspension or revocation resulted;

     (3) one year from the date on which the license, privilege to drive, or privilege to obtain a license was suspended or revoked for a third or subsequent conviction within 12 consecutive months of the same offense from which the suspension or revocation resulted.

 (b) A limitation, suspension, or revocation of a driver's license, privilege to drive, or privilege to obtain a license or a disqualification imposed by a court or the department takes effect on the date of final judgment, except that if another court or department limitation, suspension, disqualification, or revocation is in effect on the date of final judgment, the effective date of the last imposed limitation, suspension, disqualification, or revocation is at the end of the last day of the previous limitation, suspension, disqualification, or revocation unless the court or department specifies otherwise.

 (c) At the end of a period of suspension or limitation, when that limitation follows a suspension, the person whose license has been suspended or limited may apply to the department and, upon payment of the proper fees, including a reinstatement fee, be issued a duplicate driver's license if the person is otherwise entitled to the license under this title.

 (d) At the end of a period of revocation or limitation following a revocation, a person whose driver's license has been revoked may apply to the department for the issuance of a new license, but shall submit to reexamination, pay all required fees including a reinstatement fee, and, if the license was revoked under AS 28.15.181(a)(5) or (8), submit proof to the court or the department that the person has met the alcoholism screening, evaluation, referral, and program requirements of the Department of Health under AS 28.35.030(h).

 (e) At the end of a period of limitation, suspension, or revocation under this chapter, the department may not issue a driver's license or a duplicate driver's license to the licensee until the licensee has complied with AS 28.20 relating to proof of financial responsibility.

 (f) Unless otherwise provided by law, periods of limitation shall be made at the discretion of the court.

 (g) Except as provided under AS 28.15.183(h), the department may not issue a new license or reissue a license to a person whose driver's license has been revoked under AS 28.15.183 or 28.15.185 unless the person, if required to participate in a juvenile alcohol safety action program, has successfully completed any education or treatment recommended. In this subsection, “juvenile alcohol safety action program” has the meaning given in AS 04.21.080.




Sec. 28.15.219. Definitions.
In AS 28.15.161 — 28.15.219,
     (1) “disqualification” has the meaning given in AS 28.33.190;

     (2) “disqualified” has the meaning given in AS 28.33.190;

     (3) “disqualify” means that a person's privilege to drive a commercial motor vehicle is withdrawn.




Sec. 28.15.220. Discretionary suspension, etc. [Repealed, § 19 ch 178 SLA 1978.]
Article 3. Point System and Driver Improvement.
Sec. 28.15.221. Point system.
 (a) For the purpose of identifying habitually reckless or negligent drivers and habitual or frequent violators of traffic laws, the commissioner shall adopt regulations establishing a uniform system for the suspension, revocation, limitation, or denial of a driver's license, privilege to drive, or privilege to obtain a license by assigning demerit points for convictions for violations of traffic laws that are required to be reported to the department under AS 28.15.191 and AS 28.37.130.

 (b) The regulations adopted under (a) of this section shall include a designated level of point accumulation which identifies drivers who are habitually reckless or negligent or who are habitual or frequent violators of traffic laws, so as to show a disrespect for traffic laws and a disregard for the safety of other persons. In formulating the point system authorized by this section, the commissioner shall, in the interest of interstate uniformity, provide for suspension, revocation or denial of a driver's license, privilege to drive, or privilege to obtain a license for an accumulation of 12 or more points as a result of offenses committed during any consecutive 12-month period or 18 or more points as a result of offenses committed during any 24-month period.

 (c) The regulations adopted under (a) of this section shall include a two-point addition to a licensee's assessed total if the licensee, while in a designated traffic safety corridor, overtakes and passes another vehicle in a zone designated by a safety control device that prohibits passing.




Sec. 28.15.225. Limited license. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.230. Right of appeal. [Repealed, § 13 ch 17 SLA 1964.]
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.




Sec. 28.15.240. Suspending licenses of juveniles. [Repealed, § 19 ch 178 SLA 1978.]
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.




Sec. 28.15.250. Reexamination. [Repealed, § 19 ch 178 SLA 1978.]
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.




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.

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.




Sec. 28.15.260. Period of suspension. [Repealed, § 19 ch 178 SLA 1978.]
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.




Sec. 28.15.270. Surrender of license. [Repealed, § 19 ch 178 SLA 1978.]
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.




Article 5. Driver License Violations.
Sec. 28.15.280. Use of foreign license. [Repealed, § 19 ch 178 SLA 1978.]
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.




Secs. 28.15.282 — 28.15.290. Point system; unlawful use of license. [Repealed, § 19 ch 178 SLA 1978.]
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.




Secs. 28.15.300 — 28.15.320. Miscellaneous offenses. [Repealed, § 19 ch 178 SLA 1978.]
Sec. 28.15.330. Making false statement. [Repealed, § 20 ch 241 SLA 1976.]
Secs. 28.15.340 — 28.15.360. Fees; definitions. [Repealed, § 19 ch 178 SLA 1978.]