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(a) A police officer may issue a citation to the driver or owner of a vehicle which is not in safe mechanical condition or properly equipped as required in this chapter or in AS 28. A citation issued under this section must specify the section of this chapter or AS 28 which has been violated, the repair or adjustment to be made, and require the driver or owner to appear in court after a period of at least five days, holidays and weekends excluded, from the date of the violation.
(b) The citation issued under (a) of this section requires the driver or owner of the vehicle specified in the citation to repair the vehicle so that it is in safe condition and its equipment is in proper repair and adjustment. The citation also requires the owner or driver to secure a certificate of inspection and approval before any further driving or movement on a highway or vehicular way or area, except as provided in (c) of this section.
(c) No person may drive or move a vehicle after being directed under this section to have it repaired or adjusted, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver of the vehicle or to a garage, until the vehicle and its equipment have been repaired or adjusted as required by the citation. If repair or adjustment of a vehicle or its equipment is found necessary upon inspection, the owner or driver of the vehicle may obtain the repair or adjustment at a place of his choosing, within a 100-mile radius of the place where the citation issued under (a) of this section was issued, or otherwise at the nearest place of repair.
(d) If a vehicle is, in the reasonable judgment of the person issuing the citation, in a condition that further driving or movement would be hazardous, the person issuing the citation may require that the vehicle not be driven or moved under its own power, or that it be driven to the nearest garage or other place of safety. This section does not preclude the impounding of a vehicle as provided in AS 28 if, in the opinion of the person authorized to perform inspections under this chapter, the vehicle is so defective or unsafe as to create a hazard if driven or moved upon a highway or vehicular way or area.
History: Eff. 6/28/79, Register 70
Authority: AS 28.05.011
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Last modified 7/05/2006