NOTICE OF PROPOSED CHANGES IN THE
REGULATIONS OF THE DEPARTMENT OF ADMINISTRATION
The Department of Administration proposes to adopt and amend regulations relating to the issuance of a driver’s license and instruction permit to comply with Federal and State requirements and to ensure that licenses are more difficult to fraudulently obtain. The proposed regulations will specify how long the Division of Motor Vehicles will retain driver records in its database, will specify how early a vehicle can be renewed, and defines the application process for 13 specialty plates to comply with State Statutes. These regulations define how a person can apply for a cancellation of a manufacturer’s certificate of origin or title for a manufactured home, how fees are collected, how refunds will be processed, the grounds for refusing a title or registration and amends the processes for requesting an administrative hearing as well as allows the hearing officers to take official notice of the State of Alaska Breath Testing Manual.
The Department of Administration proposes to adopt regulation changes in 2 AAC 90, 2 AAC 91, 2 AAC 92 and 2 AAC 93, dealing with licensing of drivers, titling and registration of motor vehicles, and administrative hearings including the following:
- 2 AAC 90 is being amended to add a section which will incorporate a process for capturing the DMV photo for a driver license, instruction permit or Identification card.
- 2 AAC 90 is being amended to add a section to specify how long the DMV will retain driver records in its database.
- 2 AAC 90 is being amended to add a section to clarify the process in which the DMV will issue temporary licenses, instruction permits and identification cards.
- 2 AAC 90.010 is being amended to exclude drivers of a multifunction school activity bus from commercial driver licensing requirements.
- 2 AAC 90.210 is being amended to add a new class of license that is specific to three-wheeled motorcycles. To comply with federal requirements pertaining to commercial driver licenses the DMV will be making the following amendments:
- Change the age of obtaining a CDL permit from 17 to 18 years of age.
- When there is any upgrade to a class of license that would require a skills test the applicant must first obtain a commercial driver permit for the new class of license.
- Require a person holding a permit for a school bus to have a no passenger restriction added to the endorsement.
- A person holding a CDL permit with a tank vehicle endorsement will be required to have a restriction added that the tanker must be empty and purged.
- All portions of the commercial road skills test must be passed concurrently, and cannot be banked.
- Add a restriction for partial air brakes.
- 2 AAC 90.220 is being amended to add the following new restrictions: medical variance, valid ATV/snow machine only, empty tanker only and no passenger. To help reduce fraud an applicant applying for a non-commercial, off-highway restricted license will need to submit proof of their residence address.
- 2 AAC 90.250 is being amended to comply with federal regulations. The amendment will allow the DMV to accept commercial skill test results from another state within the United States, prohibit a commercial driver permit holder from taking the skills test for at least 14 days after the issuance of a commercial permit, require the holder of a commercial license or permit to retake knowledge and skills tests for all endorsements and restrictions if the DMV has reason to believe that fraud was committed.
- 2 AAC 90.240 is being amended as follows:
- Compliance with federal regulations which require a medical card for commercial drivers prior to the issuance of a driver license or instruction permit.
- To comply with State legislation, the DMV will be offering a waiver of the road skills test for qualified applicants with prior military experience.
- A passport card is being added to allow additional forms of documentation to establish proof of date of birth and full legal name.
- The requirement to physically present a social security card is being deleted; however, language was added that will require the applicant’s legal name match what was provided to the Social Security Administration to conform to federal requirements.
- A road skills test will be waived for an applicant for a permit, or provisional license for a Class R license.
- Defines the application process for a person seeking to add the veteran’s designator.
- Requires proof of SR22 insurance be no older than 30 days if used to reinstate the privilege to drive.
- Allows successful knowledge and road skills tests results be considered valid for a one year period.
- 2 AAC 90.440 is being amended to add language that will allow the DMV to accept other evidence to prove an individual is not color blind for purposes of obtaining a commercial driver license or instruction permit. General clean up is being made by adopting the October 2013 version of the Commercial Federal Regulations and removing the reference to the October 2009 version.
- 2 AAC 91 is being modified to comply with federal regulations. New sections have been added pertaining to the separation of training and testing functions for commercial driver training and auditing of commercial driver third party testers.
- 2 AAC 91.010-.040 are being amended to comply with federal regulations that require an applicant for an original driver training school license to submit a nationwide background check. DMV will not accept applications if there are any felony convictions within the last 10 years or any convictions that involve fraudulent activities.
- 2 AAC 91.990 is being amended to change the statutory reference of a commercial and non commercial motor vehicle.
- 2 AAC 92 is being amended to add sections to address the following:
- Change how early people can renew their vehicle registration.
- The application process for certain specialty plates that were mandated by State legislation.
- Define the process for applying and issuing titles for manufactured homes.
- Define the application process for titling a vehicle after impoundment and sale.
- Specify how DMV will allocate funds received from customers who have submitted payment after bouncing checks and will require cash payment for those who write checks with insufficient funds two or more times.
- 2 AAC 92.020 is being amended to allow DMV to deny registration or title to a vehicle that has a model year of 1981 or newer that does not meet the Federal Motor Vehicle Safety Standards.
- 2 AAC 92.150 is being amended to define the process in which DMV will issue refunds.
- 2 AAC 92.200 is being amended to increase the amount of time the DMV retains vehicle records from 3 years to 15 and to not charge municipal, state, or federal government agencies who qualify under statute to receive vehicle records.
- 2 AAC 92.990 is being amended to modify the definition of a motor vehicle dealer, personal service and recreational vehicle.
- 2 AAC 93.010 is being amended to expand and define the process used for requesting an in person hearing.
- 2 AAC 93.030 is being amended to allow the hearing officers to take official notice of the Department of Public Safety, Crime Lab, Breath Testing Manual and to allow for substantial compliance with 13AAC 63.100(c) if the subsequent verification of calibration is performed within 14 calendar days of the subject sample of the party that requested a hearing.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to: Tiffany Thomas, Division of Motor Vehicles, 1300 West Benson Blvd., Suite 100, Anchorage, Alaska 99503. Additionally, the Division of Motor Vehicles will accept comments by facsimile at 907-269-3774, by electronic mail at Tiffany.Thomas@alaska.gov and through the Alaska Online Public Notice System. The comments must be received no later than 4:30 p.m. Alaska Standard Time on January 30, 2014.
Oral or written comments also may be submitted at a hearing to be held on Monday, January 6,, 2014 from 1:00 p.m. to 4:30 p.m. at the Division of Motor Vehicles, 1300 W. Benson Blvd, Anchorage, Alaska 99503. If you are located in Juneau or calling from an internal State office phone, oral comments may be submitted by calling (907) 465-1120 on the above listed date and time. Others wishing to call in to provide oral comments may do so by calling the toll free number (888) 319-6967. The hearing might be extended to accommodate those present before 3:00 p.m. who did not have an opportunity to comment.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Barbara Hord at 907-269-5559 no later than December 20, 2013 to ensure that any necessary accommodations can be provided.
For a copy of the proposed regulation changes, contact Tiffany Thomas at 1300 W. Benson Blvd, Suite 100, Anchorage, Alaska 99503, or go to http://aws.state.ak.us/OnlinePublicNotices/Default.aspx.
After the public comment period ends, the Division of Motor Vehicles will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.
Statutory Authority: AS 05.25.096; AS 13.50.150; AS 18.65.310; AS 28.05.011; AS 28.05.041;
AS 28.05.111; AS 28.05.131; AS 28.05.141; AS 28.10.021; AS 28.10.011; AS 28.10.071;
AS 28.10.111; AS 28.10.181; AS 28.10.201; AS 28.10.211; AS 28.10.221; AS 28.10.26;
AS 28.10.263; AS 28.10.266; AS 28.10.271; AS 28.10.411; AS 28.10.421; AS 28.10.431;
AS 28.10.441; AS 28.15.031; AS 28.15.041; AS 28.15.046; AS 28.15.051; AS 28.15.081;
AS 28.15.101; AS 28.15.111; AS 28.15.121; AS 28.15.151; AS 28.15.166; AS 28.15.185;
AS 28.15.211; AS 28.17.011’ AS 28.17.031; AS 28.17.041; AS 28.17.051; AS 28.20;
AS 28.22.041; AS 28.33.100; AS 28.39.020; AS 28.90.990; AS 28.92.990; AS 40.25.110;
Statutes Being Implemented, Interpreted, or Made Specific: AS 18.65.310; AS 28.10.021;
AS 28.10.071; AS 28.10.111; AS 28.10.181; AS 28.10.201; AS 28.10.211; AS 28.10.221;
AS 28.10.262; AS 28.10.263; AS 28.10.266; AS 28.10.271; AS 28.15.031; AS 28.15.046;
AS 28.15.051; AS 28.15.081; AS 28.15.111; AS 28.15.121; AS 28.15.151; AS 28.15.166;
AS 28.15.184; AS 28.15.211; AS 28.17.011; AS 28.17.031; AS 28.17.051; AS 28.22.041;
AS 28.33.100; AS 28.90.990.
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 11/27/2013 /s/
Amy Erickson, Director
Division of Motor Vehicles
ADDITIONAL REGULATIONS NOTICE INFORMATION
1. Adopting agency: Division of Motor Vehicles, Department of Administration
2. General subject of regulation: Driver Licensing, Vehicle Titling and Registration, Administrative Hearings.
3. Citation of regulation (may be grouped): 2AAC 90-2 AAC 90.440, 2 AAC 91-2 AAC 91.040, 2 AAC 92-2 AAC 92.990, 2 AAC 93.010-030
4. Reason for the proposed action:
( X ) compliance with federal law
( X ) compliance with new or changed state statute
( ) compliance with court order
( ) development of program standards
( X ) other: (please list) general cleanup
6. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year Subsequent
FY 2013 Years
Operating Cost $0.00 $0.00
Capital Cost $0.00 $0.00
Federal receipts $________ $________
General fund match $________ $________
General fund $________ $________
program receipts $________ $________
mental health $________ $________
Other funds (specify) $________ $________
7. The name of the contact person for the regulations:
Name Tiffany Thomas
Title Driver Licensing Manager
Address 1300 W. Benson Blvd, Suite 100
Anchorage, Alaska 99503-3689
E-mail address Tiffany.Thomas@alaska.gov
8. The origin of the proposed action:
__X___ staff of state agency
__X___ federal government
_____ general public
_____ petition for regulation change
_____ other (please list)____________________________________________________
9. Date: 11/27/2013 Prepared by: /s/___________________________
Name: Amy Erickson
Title: Director, Division of Motor Vehicles