- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 75. Weights and Measures Act
- Section 131. Issuance of Citations.
previous: Section 130
. Police Powers and Right of Entry and Stoppage.
next: Section 133
. Bail Forfeiture.
AS 45.75.131. Issuance of Citations.
- (a) A peace officer or an employee of the Department of Transportation and Public Facilities who is authorized by the
commissioner of transportation and public facilities to enforce this chapter may issue a citation to a person who
- (1) violates a weight, size, or load limitation adopted by the Department of Transportation and Public Facilities under AS
- (2) violates the terms of an overweight or oversize vehicle permit issued under AS 19.10.060
- (3) violates a regulation adopted under AS 19.10.060
(b) or (c), AS 28.05.011(a)(2), or AS 45.75.050
- (4) commits a violation identified under AS 45.75.380
- (b) A citation issued under this section must be in writing. A person receiving the citation is not required to sign a
promise to appear in court.
- (c) The time specified in the notice to appear on a citation issued under this section must be at least 15 days after the
issuance of the citation, unless the person cited requests an earlier hearing.
- (d) The commissioner of public safety is responsible for the issuance of books containing appropriate citations and shall
maintain a record of each book and each citation contained in it. The commissioner of public safety shall require and
retain a receipt for every book issued to an employee of the Department of Transportation and Public Facilities
designated by the commissioner of transportation and public facilities to provide investigative services to enforce
provisions of this chapter.
- (e) A peace officer or an employee who issues a citation under this section shall deposit the original or a copy of the
citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may
be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The
peace officer or employee who issued the citation may not dispose of it or copies of it or of the record of its
issuance except as required under this subsection and (f) of this section.
- (f) The commissioner of public safety shall require the return of a copy of every citation issued under this section and
of all copies of every citation that has been spoiled or on which an entry has been made and not issued to an alleged
violator. The commissioner of public safety shall also maintain in connection with every citation issued a record of
the disposition of the charge by the court in which the original or copy of the citation was deposited.
- (g) If the form of citation issued under this section includes the essential facts constituting the offense charged and is
sworn to as required under the laws of this state for a complaint charging commission of the offense alleged in the
citation, the citation when filed with a court having jurisdiction is considered to be a lawful complaint for the
purpose of prosecution.
- (h) Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, or bail has been
forfeited under AS 45.75.133, a person who fails to
appear in court to answer a citation issued under this section, regardless of the disposition of the charge for which
the citation was issued, is guilty of a class B misdemeanor.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.