(a) A person may not operate a commercial motor vehicle or be on-duty

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Terms Used In Alaska Statutes 28.33.130

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • commercial motor vehicle: means a motor vehicle or a combination of a motor vehicle and one or more other vehicles
    (A) used to transport passengers or property. See Alaska Statutes 28.90.990
  • department: means the Department of Administration. See Alaska Statutes 28.90.990
  • license: when used in relation to driver licensing, means a license, provisional license, or permit to drive a motor vehicle, or the privilege to drive or to obtain a license to drive a motor vehicle, under the laws of this state whether or not a person holds a valid license issued in this or another jurisdiction. See Alaska Statutes 28.90.990
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
  • writing: includes printing. See Alaska Statutes 01.10.060
(1) if, within the preceding four hours, the person

(A) consumed or was under the influence of

(i) an alcoholic beverage;
(ii) a controlled substance not prescribed by a physician; or
(iii) a controlled substance prescribed by a physician that might impair a person’s ability to operate a commercial motor vehicle; or
(B) had any measurable alcohol concentration within the blood or breath or any detectable presence of alcohol;
(2) while in possession of an alcoholic beverage or a controlled substance not prescribed by a physician unless

(A) the alcoholic beverage or controlled substance is manifested and documented as part of an authorized shipment of cargo; or
(B) under Alaska Stat. Title 4, the alcoholic beverage may be legally served to passengers being carried for hire;
(3) after being placed out of service for violation of a regulation adopted under Alaska Stat. § 19.10.060(c) or Alaska Stat. § 28.05.011; or
(4) with an invalid operator’s or commercial operator’s license.
(b) An employer, or a peace officer, who has reasonable grounds to believe that a person has violated (a) of this section, shall immediately give the person a written notice ordering the person out of service. If it is not possible to issue a written out of service order, a verbal order may be issued. An employer may not knowingly allow, require, permit, assign, or authorize a person to operate a commercial motor vehicle or be on-duty during a period in which

(1) the person has been ordered out of service under this section; or
(2) the person has violated (a) of this section, even if an out of service order has not been issued.
(c) A person who is ordered out of service

(1) may not operate a commercial motor vehicle or be on-duty for 24 hours following issuance of the out of service order; and
(2) shall report that fact, in writing,

(A) within 24 hours to the person’s employer; and
(B) within 30 days to the department if the person possesses a commercial motor vehicle license.
(d) In this section, “on-duty” means the period of time in which a person is

(1) required by the person’s employer to be ready to immediately operate a commercial motor vehicle, including time spent waiting to be assigned to operate a commercial motor vehicle;
(2) inspecting, servicing, or conditioning a commercial motor vehicle;
(3) in or upon a commercial motor vehicle, except time spent resting in a sleeper berth;
(4) loading or unloading, or supervising the loading or unloading of, a commercial motor vehicle, or giving or receiving receipts for shipments loaded or unloaded;
(5) taking action, as required by state or federal law, following an accident involving a commercial motor vehicle; or
(6) repairing or obtaining assistance for a disabled commercial motor vehicle.
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