(a) In addition to the requirements of Alaska Stat. § 28.15.041(a), a person may not drive a school bus transporting school children to or from a public school to enable them to participate in class or a school activity, or a bus transporting school children to or from a public school for classroom studies until the person has applied for and has been issued a license for that purpose under this section. This subsection does not apply to a person or motor vehicle exempted under regulations adopted by the commissioner. In this subsection “classroom studies” means curriculum studies that take place in a public school building.
Terms Used In Alaska Statutes 28.15.046
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
driver: means a person who drives or is in actual physical control of a vehicle. See Alaska Statutes 28.90.990
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.
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
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
(b) The department may not issue a license under this section unless the applicant
(1) is at least 21 years of age;(2) has had a license to operate a motor vehicle at least three years before the date of application;(3) has successfully completed all required driving, written, and physical examinations;(4) has submitted the applicant’s fingerprints, the fees required by the Department of Public Safety under Alaska Stat. § 12.62.160 for criminal justice information and a national criminal history record check, and other information sufficient to complete a background check consisting of a fingerprint check of national criminal records and state criminal records of the state or states in which the applicant has resided for the past 10 years; the department shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under Alaska Stat. Chapter 12.62 and a national criminal history record check under Alaska Stat. § 12.62.400;(5) has completed a state approved school bus driver training course established under Alaska Stat. § 14.07.020(a)(14) or has for the previous two years been licensed by the state to operate a school bus.(c) The department may not issue a license under this section to an applicant
(1) who has been convicted of any of the following offenses:
(A) a violation, or an attempt, solicitation, or conspiracy to commit a violation, of Alaska Stat. § 11.41.100 – 11.41.220, 11.41.260 – 11.41.320, 11.41.360 – 11.41.370, 11.41.410 – 11.41.470, or 11.41.500 – 11.41.530;(B) a felony violation of endangering the welfare of a child in the first degree under Alaska Stat. § 11.51.100;(C) felony indecent viewing or production of a picture under Alaska Stat. § 11.61.123;(D) distribution of child pornography under Alaska Stat. § 11.61.125;(E) possession of child pornography under Alaska Stat. § 11.61.127;(F) distribution of indecent material to minors under Alaska Stat. § 11.61.128;(G) felony prostitution under Alaska Stat. § 11.66.100(e);(H) sex trafficking in the first, second, or third degree under Alaska Stat. § 11.66.110 – 11.66.130;(I) a felony involving distribution of a controlled substance under Alaska Stat. Chapter 11.71 or imitation controlled substance under Alaska Stat. Chapter 11.73;(J) a felony violation under Alaska Stat. § 28.35.030(n) or 28.35.032(p); or(2) who has been convicted of any of the following offenses and less than two years have elapsed since the applicant’s date of conviction for the offense:
(A) assault in the fourth degree under Alaska Stat. § 11.41.230;(B) reckless endangerment under Alaska Stat. § 11.41.250;(C) contributing to the delinquency of a minor under Alaska Stat. § 11.51.130;(D) misdemeanor prostitution under Alaska Stat. § 11.66.100(a)(2);(E) a misdemeanor violation of endangering the welfare of a child in the first degree under Alaska Stat. § 11.51.100.(d) The department may not issue a license under this section if, at the time of application
(1) and under circumstances other than those described in (2) of this subsection, less than two years have elapsed from the date of the applicant’s first conviction of either driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under Alaska Stat. § 28.35.030 or refusal to submit to a chemical test under Alaska Stat. § 28.35.032;(2) less than 10 years have elapsed from the date of the applicant’s conviction for
(A) refusal to submit to a chemical test under Alaska Stat. § 28.35.032 if the offense occurred while driving a commercial motor vehicle; or(B) an offense described in Alaska Stat. § 28.33.140(a)(1), (4), (5), or (10);(3) the applicant has been convicted two or more times of misdemeanor driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under Alaska Stat. § 28.35.030 or misdemeanor refusal to submit to a chemical test under Alaska Stat. § 28.35.032, or a combination of those offenses.(e) For purposes of determining whether an applicant has been convicted of an offense listed under (c) or (d) of this section, a conviction under prior state law or in another jurisdiction of an offense having elements similar to those of the offenses listed in (c) or (d) of this section is considered a conviction.(f) Costs of conducting the background check required under (b)(4) of this section shall be paid by the applicant. Application for renewal may be made by submitting to the department the results of a current physical examination and paying the required fee.(g)Conviction of an offense described in (c) or (d) of this section is grounds for the immediate cancellation of a license issued under this section.(h) To qualify for a license, an applicant who has been convicted of an offense described in (c)(2) or (d) of this section shall supply proof that is acceptable to the department of the date of the applicant’s conviction for the offense.(i) A license issued under this section expires unless renewed within five years after the date of its issuance. A person may renew a license under this section within one year before its expiration upon proper application, payment of the required fee, and the completion of a background check under (b)(4) of this section.(j) The holder of a school bus driver’s license under this section shall, at the time of renewal, report, on a form provided by the department, a conviction for an offense listed in (c), (d), or (e) of this section.(k) Notwithstanding (c) or (d) of this section, the department may, under standards set by regulation, issue a license to a person who
(1) may otherwise not be issued a license under (d)(3) of this section if, in the 10-year period immediately preceding the application under this subsection, the person has not been convicted of a violation of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under Alaska Stat. § 28.35.030 or refusal to submit to a chemical test under Alaska Stat. § 28.35.032;(2) has been convicted of an offense listed under (c)(2)(A) – (D) of this section if less than two years have elapsed since the date of conviction and the offense was not against a child.(l) In this section, the date of conviction is the date that sentence is imposed for the offense.
