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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 33. Commercial Motor Vehicles
- Section 130. Out of Service Orders.
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. Responsibilities of Employers of Commercial Motor Vehicle Driver.
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. Conviction Resulting in Disqualification From Driving Commercial Vehicle.
AS 28.33.130. Out of Service Orders.
- (a) A person may not operate a commercial motor vehicle or be on-duty
- (1) if, within the preceding four hours, the person
- (A) consumed or was under the influence of
- (i) an alcoholic beverage;
- (ii) a controlled substance not prescribed by a physician; or
- (iii) a controlled substance prescribed by a physician that might impair a person's ability to operate a commercial motor
- (B) had any measurable alcohol concentration within the blood or breath or any detectable presence of alcohol;
- (2) while in possession of an alcoholic beverage or a controlled substance not prescribed by a physician unless
- (A) the alcoholic beverage or controlled substance is manifested and documented as part of an authorized shipment of
- (B) under AS 04, the alcoholic beverage may be legally served to passengers
being carried for hire;
- (3) after being placed out of service for violation of a regulation adopted under AS 19.10.060
(c) or AS 28.05.011
- (4) with an invalid operator's or commercial operator's license.
- (b) An employer, or a peace officer, who has reasonable grounds to believe that a person has violated (a) of this section,
shall immediately give the person a written notice ordering the person out of service. If it is not possible to issue a
written out of service order, a verbal order may be issued. An employer may not knowingly allow, require, permit,
assign, or authorize a person to operate a commercial motor vehicle or be on-duty during a period in which
- (1) the person has been ordered out of service under this section; or
- (2) the person has violated (a) of this section, even if an out of service order has not been issued.
- (c) A person who is ordered out of service
- (1) may not operate a commercial motor vehicle or be on-duty for 24 hours following issuance of the out of service order;
- (2) shall report that fact, in writing,
- (A) within 24 hours to the person's employer; and
- (B) within 30 days to the department if the person possesses a commercial motor vehicle license.
- (d) In this section, "on-duty" means the period of time in which a person is
- (1) required by the person's employer to be ready to immediately operate a commercial motor vehicle, including time spent
waiting to be assigned to operate a commercial motor vehicle;
- (2) inspecting, servicing, or conditioning a commercial motor vehicle;
- (3) in or upon a commercial motor vehicle, except time spent resting in a sleeper berth;
- (4) loading or unloading, or supervising the loading or unloading of, a commercial motor vehicle, or giving or receiving
receipts for shipments loaded or unloaded;
- (5) taking action, as required by state or federal law, following an accident involving a commercial motor vehicle; or
- (6) repairing or obtaining assistance for a disabled commercial motor vehicle.
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