NOTICE OF PROPOSED CHANGES ON APPLICATION AND CONTENT FOR BOAT CERTIFICATION, COMMERCIAL DRIVER LICENSE, LICENSE ENDORSEMENTS, EXTENSION OF DRIVER LICENSE EXPIRATION, DEMERIT POINT SCHEDULE, APPLICATION FOR DRIVER TRAINING SCHOOL, AND THIRD PARTY TESTER IN THE REGULATIONS OF DIVISION OF MOTOR VEHICLES

BRIEF DESCRIPTION

The Division of Motor Vehicles proposes to change regulations in Title 2, Chapters 70, 90 and 91 of the Alaska Administrative Code, dealing with application and contents of boat certification, school bus endorsements, license endorsements, adoption by reference Code of Federal Regulations pertinent to Commercial Driver Licenses, demerit point schedule, driver license renewal extension for military personnel and spouses of military personnel, extension of driver license expiration, proctor knowledge test for CDL, and applications for driver training school or third party tester licenses including the following

(1)        2 AAC 70.110 and 2 AAC 70.140 is proposed to be amended with wording changes throughout both of the regulations. The intent is to update the verbiage to current technical terms used by the United States Coast Guard.

(2)        2 AAC 90.015 is proposed to be amended to decrease the number of finger print records an applicant is required to provide.

(3)       2 AAC 90.210 is proposed to be amended with wording changes throughout the regulation to clarify endorsement requirements.

(4)        2AAC 90.230 is proposed to add a new subsection 2 AAC 90.230(f) which cancels a limited license issued to a person who is required to install and use an ignition interlock device, if the person violates the conditions stated under this proposed subsection.

(5)        2 AAC 90.250 is proposed to adopt by reference four sections of the Code of Federal Regulations, 49 C.F.R. 283.23, 49 C.F.R. 383.25, 49 C.F.R. 383.31, 49 C.F.R. 383.51.

(6)        2 AAC 90.250(b)(3) and 2 AAC 90.250(b)(4) are proposed to be repealed, removing unnecessary language.

(7)       2 AAC 90.310 is proposed to be amended by adding a new offense and point value for “use of electronic devices while driving”, under the demerit point schedule.

(8)        2 AAC 90.420 is proposed to be amended by adding subsections and language to clarify additional requirements for applicants and to waive road test reciprocity for applicants possessing a driver’s license from the Republic of Korea (South Korea).

(9)       2 AAC 90.990 is proposed to add a new subsection 2 AAC 90.990(22) for the definition of “lawful status”.

(10)      2 AAC 90.430 is proposed to be amended by adding a subsection and language to reference the authority of AS 28.15.101(d) as it relates to license expiration extensions.

(11)     2 AAC 90.435 is proposed to be amended by adding language to clarify the way the regulation reads in the context of temporary license extensions issued to Alaska residents who are temporarily out of state.

(12)     2 AAC 91.010, 2 AAC 91.020, 2 AAC 91.030, 2 AAC 91.040, 2 AAC 91.050, 2 AAC 91.070, 2 AAC 91.080, 2 AAC 91.090, 2 AAC 91.100, 2 AAC 91.120, 2 AAC 91.130, 2 AAC 91.140, 2 AAC 91.150, 2 AAC 91.175 are proposed to be amended by adding language to include third party testers, third party examiners and testing throughout the regulations, reduce the required set of fingerprints from two to one, updating 49 CFR 391 revision date to October 4, 2016, and updating 49 CFR 390-399 revision date to October 1, 2016.

(13)      2 AAC 91.990 is amended by adding subsections defining both “third party tester” and “third party skills test examiner”.

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 Nichole Tham at 1300 W. Benson Blvd, Ste. 100, Anchorage, Alaska 99503. Additionally, the Division of Motor Vehicles will accept comments by facsimile at 907-269-3774 and by electronic mail at Nichole.tham@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link. The comments must be received not later than 5:00pm on July 3, 2017.

You may submit written questions relevant to the proposed action to Nichole Tham by email (Nichole.tham@alaska.gov), by facsimile at 907-269-3774 or by mail at 1300 W. Benson Blvd, Ste. 100, Anchorage, Alaska 99503. The questions must be received at least 10 days before the end of the public comment period. The Division of Motor Vehicles will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and the Division of Motor Vehicles website (http://doa.alaska.gov/dmv/). Written comments are public records subject to public inspection.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Nichole Tham by email (Nichole.tham@alaska.gov) or at 907-269-3770 not later than 3:00pm, July 3, 2017 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Nichole Tham by email (Nichole.tham@alaska.gov) or at 907-269-3770.

A copy of material proposed for adoption by reference may be viewed at the agency's office at 1300 W. Benson Blvd, Ste. 100, Anchorage, Alaska 99503.

After the public comment period ends, the Division of Motor Vehicles will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 05.25.055; AS 05.25.095; AS 28.05.011; AS 28.05.041; AS 28.15.041; AS 28.15.046; AS 28.05.011; AS 28.15.161; AS 28.15.165; AS 28.15.201; AS 28.33.100; AS 28.33.140; AS 28.15.051; AS 28.15.221; AS 18.65.310; AS 28.15.081; AS 28.15.101; AS 28.15.111; AS 28.15.211; AS 28.15.011; AS 28.17.011; AS 28.17.031; AS 28.17.041; AS 28.17.051; AS 28.05.035; AS 28.15.241; AS 28.15.253.

Statutes being implemented, interpreted, or made specific: AS 28.15.046; AS 28.15.051; AS 28.01.010; AS 28.35.030; AS 28.35.032; AS 11.76.140; AS 28.33.130; AS 28.15.101; AS 18.65.310; AS 28.15.111; AS 28.15.211; AS 28.17.031; AS 19.10.310; AS 28.33.030; AS 28.33.140; AS 28.20.440; AS 19.10.300; AS 28.15.271; AS 28.15.253; AS 28.15.081.

Fiscal information: The proposed regulation changes do not require an increased appropriation and will have zero cost for the agency to implement. The estimated annual cost to a private person, other state agencies and municipalities or boroughs to comply with the proposed regulations, is zero.

Date:  __________________                                                                                                             

                                                                        Marla Thompson, Director

                                                                        Division of Motor Vehicles

Attachments:
2017 DMV Regulations 05172017 FINAL.pdf
2017 DMV Regulations APPENDIX_E-1.pdf