1. (a) A person driving a commercial motor vehicle, or a company whose business involves the operation of a commercial motor vehicle upon a highway or vehicular way or area, shall comply with the regulations relating to the management, operation, or driving of commercial motor vehicles, adopted by the United States Department of Transportation and contained in 49 C.F.R. Part 395 (hours of service of drivers), as revised as of March 15, 2023 and adopted by reference, except as provided in (b) of this section.

2. (b) The federal regulations in 49 C.F.R. that are adopted by reference in (a) of this section are revised as follows:

   1. (1) repealed 4/12/2013;
   2. (2) 49 C.F.R. 395.13(a) is revised to read: "An enforcement officer may declare a driver out of service and notify the motor carrier of the declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria set out in 49 C.F.R. 395.13(b).";
   3. (3) 49 C.F.R. 395.13(c)(2) is revised to read: "A motor carrier shall complete the carrier certification portion of Driver/Vehicle Examination Report form and deliver the copy of the form personally, by electronic mail, or by mail to the division not later than 15 working days following the date of examination. If the motor carrier mails the form, delivery is considered made on the day it is postmarked.";
   4. (4) repealed 4/12/2013.

3. (c) A commercial motor vehicle operating in intrastate commerce, whose gross vehicle weight, gross vehicle weight rating, gross combined weight, or gross combined weight rating is equal to or less than 26,000 pounds, is exempt from the requirements of this section if the operator of the commercial motor vehicle

   1. (1) is furthering the operator's fishing operations;

   2. (2) holds;

      1. (A) a commercial fishing license issued under AS 16.05.480;
      2. (B) a sport fishing operator registration in accordance with 5 AAC 75.075;
      3. (C) a sport fishing guide registration in accordance with 5 AAC 75.075; or
      4. (D) a permit issued under AS 16.43.140;
   3. (3) is operating the vehicle on any roadway in the state, other than a roadway within the Municipality of Anchorage or the City of Fairbanks; and
   4. (4) is not transporting hazardous materials for which a placard is required under 49 C.F.R. Part 172, adopted by reference in 17 AAC 25.200(a), or operating a vehicle designed or used to transport more than 15 individuals, including the driver.

4. (d) A commercial motor vehicle operating in intrastate commerce, whose gross vehicle weight, gross vehicle weight rating, gross combined weight, or gross combined weight rating is equal to or less than 26,000 pounds, is exempt from the requirements of 49 C.F.R. 395.20 - 395.38 (electronic logging devices (ELDs)), unless the commercial motor vehicle is

   1. (1) transporting hazardous materials for which a placard is required under 49 C.F.R. Part 172, adopted by reference in 17 AAC 25.200(a); or
   2. (2) designed or used to transport more than 15 passengers, including the driver.

(Eff. 11/16/2004, Register 172; am 12/31/2006, Register 180; am 4/9/2009, Register 190; am 12/30/2010, Register 196; am 4/12/2013, Register 206; am 11/26/2015, Register 216; am 12/6/2018, Register 228; am 4/4/2020, Register 234; am 1/11/2024, Register 249)

Authority: AS 19.05.010, AS 19.05.040, AS 19.10.370, AS 19.05.020, AS 19.10.060