Alaska Statutes 19.10.399 – Definitions

In Alaska Stat. § 19.10.300 – 19.10.399,

(1) “commercial motor vehicle” means a self-propelled or towed motor vehicle

Terms Used In Alaska Statutes 19.10.399

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
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
property: includes real and personal property. 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

(A) used to transport passengers or property for commercial purposes;

(B) used on a highway or vehicular way or area;

(C) that

(i) has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more for vehicles used in interstate commerce and 14,000 pounds or more for vehicles used in intrastate commerce;

(ii) is designed to transport more than 15 passengers, including the driver; or

(iii) is used to transport material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. § 5103 and is transported in any quantity requiring placarding; and

(D) for the purposes of intrastate commerce; the following vehicles meeting the criteria in (A) and (B) and either (C)(i) or (ii) of this paragraph are not commercial motor vehicles:

(i) emergency or fire equipment that is necessary to the preservation of life or property;

(ii) covered farm vehicles operating anywhere in the state;

(iii) school buses used for school bus operations;

(iv) vehicles owned and operated by the federal government unless the vehicle is used to transport property of the general public for compensation in competition with other persons who own or operate a commercial motor vehicle subject to Alaska Stat. § 19.10.310–19.10.399, and except to the extent that regulation of vehicles operated by the federal government is permitted by federal law; and

(v) vehicles used exclusively for purposes other than commercial purposes;

(2) “commercial purposes” means activities for which a person receives direct monetary compensation or activities for which a person receives no direct monetary compensation but that are incidental to and done in furtherance of the person’s business;

(3) “commissioner” means the commissioner of transportation and public facilities;

(4) “covered farm vehicle” means a straight or articulated vehicle

(A) registered in the state with a license plate or other designation issued by the state that allows law enforcement officials to identify it as a farm vehicle;

(B) operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;

(C) used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch; and

(D) not used in for-hire motor carrier operations;

(5) “department” means the Department of Transportation and Public Facilities;

(6) “gross combination weight rating” means the value specified by the manufacturer as the loaded weight of a combination vehicle, except that if a value has not been specified by the manufacturer, the gross combination weight rating is determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and the load on the towed unit;

(7) “gross vehicle weight rating” means the value specified by the manufacturer as the loaded weight of a single vehicle;

(8) “highway” means the entire width between the boundary lines of every way that is publicly maintained when a part of it is open to the public for purposes of vehicular travel, including but not limited to every street and the Alaska state marine highway system but not vehicular ways or areas;

(9) “motor vehicle” means a vehicle that is self-propelled except a vehicle moved by human or animal power;

(10) “official traffic-control device” means a sign, signal, marking, or other device not inconsistent with Alaska Stat. Title 28, placed or erected by authority of a state or municipal agency or official having jurisdiction, for the purpose of traffic regulating, warning, and guiding;

(11) “owner” means a person, other than a lienholder, having the property in or title to a vehicle, including but not limited to a person entitled to the use and possession of a vehicle subject to a security interest in another person, but exclusive of a lessee under a lease not intended as security;

(12) “school bus” means a passenger motor vehicle that is designed or used to carry more than 10 passengers in addition to the driver and that is likely to be used to transport pre-elementary, elementary, or secondary school students to and from school;

(13) “school bus operations” means the use of a school bus to transport students and school personnel to and from school;

(14) “traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using a highway or vehicular way or area that is open to public use for purposes of travel;

(15) “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; “vehicle” does not include

(A) devices used exclusively upon stationary rails or tracks;

(B) mobile homes;

(16) “vehicular way or area” means a way, path, or area, other than a highway or private property, that is designated by official traffic control devices or customary usage and that is open to the public for purposes of pedestrian or vehicular travel, and which way or area may be restricted in use to pedestrians, bicycles, or other specific types of vehicles as determined by the Department of Public Safety or other agency having jurisdiction over the way, path, or area.

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