(a) A person commits the crime of failure to contain or confine a load in the first degree if the person, with criminal negligence, violates (c) of this section and, as a result of that violation, causes serious physical injury to another person.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $25,000
Class B misdemeanorup to 90 daysup to $2,000
For details, see Alaska Stat. § 12.55.135
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Terms Used In Alaska Statutes 28.35.251

  • 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
  • commissioner: means the commissioner of administration. See Alaska Statutes 28.90.990
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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. 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
  • 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
  • physical injury: has the meaning given in Alaska Stat. See Alaska Statutes 28.90.990
  • 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
  • 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
(b) A person commits the crime of failure to contain or confine a load in the second degree if the person, with criminal negligence, violates (c) of this section and damages the property of another person in an amount of $5,000 or more.
(c) A person commits the offense of failure to contain or confine a load in the third degree if the person drives or moves a motor vehicle loaded with any material on a highway unless

(1) the load is

(A) contained or confined to prevent the load from (i) dropping, leaking, or escaping; or (ii) shifting on or within the vehicle to the extent that the motor vehicle’s stability or maneuverability is adversely affected; and
(B)subjected to treatment by methods, approved by the commissioner of public safety by regulation, designed to settle the load or remove loose material before the vehicle is driven or moved on the highway; and
(2) at least six inches of freeboard is maintained around the entire perimeter of a load consisting of sand, gravel, dirt, rock, or similar materials or the load is covered and securely fastened to prevent the cover from becoming loose or detached or from being a hazard to other users of the highway.
(d) This section does not apply to

(1) a vehicle that drops, sprinkles, or sprays sand, liquids, or other materials for the purpose of cleaning or maintaining the highway or providing or improving traction;
(2) a commercial motor vehicle that is subject to the federal motor carrier cargo securement standards implemented through state or federal law;
(3) the natural accumulation of snow, ice, mud, dirt, or similar materials on a motor vehicle;
(4) a vehicle that is removing snow or hauling snow after removal; or
(5) random litter; in this paragraph, “litter” includes plastic wrappers, empty plastic bags, leaves, paper, or similar soft materials.
(e) Failure to contain or confine a load in the

(1) first degree is a class A misdemeanor punishable as provided in Alaska Stat. Chapter 12.55;
(2) second degree is a class B misdemeanor punishable as provided in Alaska Stat. Chapter 12.55;
(3)third degree is an infraction punishable by a fine of not more than

(A) $2,500 if the person has been previously convicted three or more times of a violation of this section;
(B) $1,500 if the person has been previously convicted twice of a violation of this section;
(C) $750 if the person has been previously convicted one time of a violation of this section; or
(D) $300 if the person has not been previously convicted of a violation of this section.
(f) In this section, “criminal negligence” has the meaning given in Alaska Stat. § 11.81.900.
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